Congressional Record, House, December 21, 2020 — Consolidated Appropriations Act, 2021
Summary
House of Representatives pages of the Congressional Record dated Monday, December 21, 2020, 116th Congress, second session. The pages print the text of the House amendment to the Senate amendment, beginning with the short title, the Consolidated Appropriations Act, 2021, and a table of contents of divisions, including Division M, the Coronavirus Response and Relief Supplemental Appropriations Act, 2021. The text reaches Division D provisions for the Corps of Engineers—Civil, including $12,000,000 for the cost of direct loans and guaranteed loans under the Water Infrastructure Finance and Innovation Act of 2014.
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
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“Congressional Record, House, December 21, 2020 — Consolidated Appropriations Act, 2021.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-12-21-crec-2020-12-21-pt2-pgh7323-2-c3bb095ceb/
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Congressional Record
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116 th CONGRESS, SECOND SESSION
United States
of America PROCEEDINGS AND DEBATES OF THE
Vol. 166 WASHINGTON, MONDAY, DECEMBER 21, 2020 No. 218—Book II
House of Representatives
UNITED STATES-MEXICO Title VIII—General Provisions DIVISION I—LEGISLATIVE BRANCH
ECONOMIC PARTNERSHIP ACT Title IX—Overseas Contingency Operations APPROPRIATIONS ACT, 2021
DIVISION D—ENERGY AND WATER DEVEL- Title I—Legislative Branch
The text of the House amendment to OPMENT AND RELATED AGENCIES AP- Title II—General Provisions
the Senate amendment to the text is as PROPRIATIONS ACT, 2021 DIVISION J—MILITARY CONSTRUCTION,
follows: Title I—Corps of Engineers—Civil VETERANS AFFAIRS, AND RELATED
In lieu of the matter proposed to be in- Title II—Department of the Interior AGENCIES APPROPRIATIONS ACT, 2021
serted by the Senate, insert the following: Title III—Department of Energy Title I—Department of Defense
SECTION 1. SHORT TITLE. Title IV—Independent Agencies Title II—Department of Veterans Affairs
This Act may be cited as the ‘‘Consolidated Title V—General Provisions Title III—Related Agencies
Appropriations Act, 2021’’. Title IV—Overseas Contingency Operations
DIVISION E—FINANCIAL SERVICES AND Title V—General Provisions
SEC. 2. TABLE OF CONTENTS. GENERAL GOVERNMENT APPROPRIA-
TIONS ACT, 2021 DIVISION K—DEPARTMENT OF STATE,
Sec. 1. Short title. FOREIGN OPERATIONS, AND RELATED
Sec. 2. Table of contents. Title I—Department of the Treasury PROGRAMS APPROPRIATIONS ACT, 2021
Sec. 3. References. Title II—Executive Office of the President and
Title I—Department of State and Related Agen-
Sec. 4. Explanatory statement. Funds Appropriated to the Presi-
cy
Sec. 5. Statement of appropriations. dent Title II—United States Agency for International
Sec. 6. Availability of funds. Title III—The Judiciary Development
Sec. 7. Adjustments to compensation. Title IV—District of Columbia Title III—Bilateral Economic Assistance
Sec. 8. Definition. Title V—Independent Agencies Title IV—International Security Assistance
Sec. 9. Office of Management and Budget Re- Title VI—General Provisions—This Act Title V—Multilateral Assistance
porting Requirement. Title VII—General Provisions—Government- Title VI—Export and Investment Assistance
DIVISION A—AGRICULTURE, RURAL DE- wide Title VII—General Provisions
VELOPMENT, FOOD AND DRUG ADMINIS- Title VIII—General Provisions—District of Co- Title VIII—Nita M. Lowey Middle East Partner-
TRATION, AND RELATED AGENCIES AP- lumbia ship for Peace Act of 2020
PROPRIATIONS ACT, 2021 Title IX—General Provision—Emergency Fund- Title IX—Emergency Funding and Other Mat-
ing ters
Title I—Agricultural Programs
Title II—Farm Production and Conservation DIVISION F—DEPARTMENT OF HOMELAND DIVISION L—TRANSPORTATION, HOUSING
Programs SECURITY APPROPRIATIONS ACT, 2021 AND URBAN DEVELOPMENT, AND RE-
Title III—Rural Development Programs Title I—Departmental Management, Operations, LATED AGENCIES APPROPRIATIONS ACT,
Title IV—Domestic Food Programs Intelligence, and Oversight 2021
Title V—Foreign Assistance and Related Pro- Title II—Security, Enforcement, and Investiga- Title I—Department of Transportation
grams tions Title II—Department of Housing and Urban De-
Title VI—Related Agency and Food and Drug Title III—Protection, Preparedness, Response, velopment
Administration and Recovery Title III—Related Agencies
Title VII—General Provisions Title IV—Research, Development, Training, and Title IV—General Provisions—This Act
Services DIVISION M—CORONAVIRUS RESPONSE
DIVISION B—COMMERCE, JUSTICE,
Title V—General Provisions AND RELIEF SUPPLEMENTAL APPRO-
SCIENCE, AND RELATED AGENCIES AP-
PRIATIONS ACT, 2021
PROPRIATIONS ACT, 2021 DIVISION G—DEPARTMENT OF THE INTE-
RIOR, ENVIRONMENT, AND RELATED DIVISION N—ADDITIONAL CORONAVIRUS
Title I—Department of Commerce
AGENCIES APPROPRIATIONS ACT, 2021 RESPONSE AND RELIEF
Title II—Department of Justice
Title III—Science Title I—Department of the Interior DIVISION O—EXTENSIONS AND TECHNICAL
Title IV—Related Agencies Title II—Environmental Protection Agency CORRECTIONS
Title V—General Provisions Title III—Related Agencies Title I—Immigration Extensions
Title IV—General Provisions Title II—Commission on Black Men and Boys
DIVISION C—DEPARTMENT OF DEFENSE
Corrections
APPROPRIATIONS ACT, 2021 DIVISION H—DEPARTMENTS OF LABOR,
Title III—U.S. Customs and Border Protection
Title I—Military Personnel HEALTH AND HUMAN SERVICES, AND
Authority to Accept Donations
Title II—Operation and Maintenance EDUCATION, AND RELATED AGENCIES
Extension
Title III—Procurement APPROPRIATIONS ACT, 2021 Title IV—Livestock Mandatory Reporting Ex-
Title IV—Research, Development, Test and Title I—Department of Labor tension
Evaluation Title II—Department of Health and Human Title V—Soil Health and Income Protection
Title V—Revolving and Management Funds Services Pilot Program Extension
Title VI—Other Department of Defense Pro- Title III—Department of Education Title VI—United States-Mexico-Canada Agree-
grams Title IV—Related Agencies ment Implementation Act Tech-
Title VII—Related Agencies Title V—General Provisions nical Corrections
b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m.
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Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.
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H7324 CONGRESSIONAL RECORD — HOUSE December 21, 2020
Title VII—Deputy Architect of the Capitol SEC. 3. REFERENCES. partment and for general administration, secu-
Amendments Except as expressly provided otherwise, any rity, repairs and alterations, and other miscella-
Title VIII—Pandemic Response Accountability reference to ‘‘this Act’’ contained in any divi- neous supplies and expenses not otherwise pro-
Committee Amendments sion of this Act shall be treated as referring only vided for and necessary for the practical and ef-
Title IX—Adjustment of Status for Liberian Na- to the provisions of that division. ficient work of the Department: Provided, That
tionals Extension SEC. 4. EXPLANATORY STATEMENT. funds made available by this Act to an agency
Title X—Clean Up the Code Act of 2019 The explanatory statement regarding this Act, in the Administration mission area for salaries
Title XI—Amendments to Provisions Relating to printed in the House section of the Congres- and expenses are available to fund up to one
Child Care Centers sional Record on or about December 21, 2020, administrative support staff for the Office; not
Title XII—Alaska Natives Extension and submitted by the Chairwoman of the Com- to exceed $3,908,000 shall be available for the Of-
Title XIII—Open Technology Fund Opportunity mittee on Appropriations of the House, shall fice of Assistant Secretary for Congressional Re-
to Contest Proposed Debarment have the same effect with respect to the alloca- lations and Intergovernmental Affairs to carry
Title XIV—Budgetary Effects tion of funds and implementation of divisions A out the programs funded by this Act, including
DIVISION P—NATIONAL BIO AND AGRO- through L of this Act as if it were a joint ex- programs involving intergovernmental affairs
DEFENSE FACILITY ACT OF 2020 planatory statement of a committee of con- and liaison within the executive branch; and
DIVISION Q—FINANCIAL SERVICES PROVI- ference. not to exceed $7,342,000 shall be available for the
SIONS AND INTELLECTUAL PROPERTY SEC. 5. STATEMENT OF APPROPRIATIONS. Office of Communications: Provided further,
DIVISION R—PROTECTING OUR INFRA- The following sums in this Act are appro- That the Secretary of Agriculture is authorized
STRUCTURE OF PIPELINES AND ENHANC- priated, out of any money in the Treasury not to transfer funds appropriated for any office of
ING SAFETY ACT OF 2020 otherwise appropriated, for the fiscal year end- the Office of the Secretary to any other office of
ing September 30, 2021. the Office of the Secretary: Provided further,
DIVISION S—INNOVATION FOR THE That no appropriation for any office shall be in-
ENVIRONMENT SEC. 6. AVAILABILITY OF FUNDS.
(a) Each amount designated in this Act by the creased or decreased by more than 5 percent:
DIVISION T—SMITHSONIAN AMERICAN Provided further, That not to exceed $22,000 of
WOMEN’S HISTORY MUSEUM ACT AND Congress as an emergency requirement pursuant
to section 251(b)(2)(A)(i) of the Balanced Budget the amount made available under this para-
NATIONAL MUSEUM OF THE AMERICAN graph for the immediate Office of the Secretary
LATINO and Emergency Deficit Control Act of 1985 shall
be available (or rescinded, if applicable) only if shall be available for official reception and rep-
DIVISION U—HOMELAND SECURITY AND the President subsequently so designates all resentation expenses, not otherwise provided
GOVERNMENTAL AFFAIRS PROVISIONS such amounts and transmits such designations for, as determined by the Secretary: Provided
DIVISION V—AIRCRAFT CERTIFICATION, to the Congress. further, That the amount made available under
SAFETY, AND ACCOUNTABILITY (b) Each amount designated in this Act by the this heading for Departmental Administration
Congress for Overseas Contingency Operations/ shall be reimbursed from applicable appropria-
DIVISION W—INTELLIGENCE AUTHORIZA-
Global War on Terrorism pursuant to section tions in this Act for travel expenses incident to
TION ACT FOR FISCAL YEAR 2021
251(b)(2)(A)(ii) of the Balanced Budget and the holding of hearings as required by 5 U.S.C.
DIVISION X—SUPPORTING FOSTER YOUTH 551–558: Provided further, That funds made
AND FAMILIES THROUGH THE PANDEMIC Emergency Deficit Control Act of 1985 shall be
available (or rescinded, if applicable) only if the available under this heading for the Office of
DIVISION Y—AMERICAN MINER BENEFITS President subsequently so designates all such the Assistant Secretary for Congressional Rela-
IMPROVEMENT amounts and transmits such designations to the tions and Intergovernmental Affairs may be
DIVISION Z—ENERGY ACT OF 2020 Congress. transferred to agencies of the Department of Ag-
DIVISION AA—WATER RESOURCES riculture funded by this Act to maintain per-
SEC. 7. ADJUSTMENTS TO COMPENSATION.
DEVELOPMENT ACT OF 2020 sonnel at the agency level: Provided further,
Notwithstanding any other provision of law,
That no funds made available under this head-
DIVISION BB—PRIVATE HEALTH INSUR- no adjustment shall be made under section
ing for the Office of Assistant Secretary for Con-
ANCE AND PUBLIC HEALTH PROVISIONS 601(a) of the Legislative Reorganization Act of
gressional Relations may be obligated after 30
DIVISION CC—HEALTH EXTENDERS 1946 (2 U.S.C. 4501) (relating to cost of living ad-
days from the date of enactment of this Act, un-
justments for Members of Congress) during fiscal
DIVISION DD—MONTANA WATER RIGHTS less the Secretary has notified the Committees
year 2021.
PROTECTION ACT on Appropriations of both Houses of Congress
SEC. 8. DEFINITION.
DIVISION EE—TAXPAYER CERTAINTY AND on the allocation of these funds by USDA agen-
In divisions A through M of this Act, the term cy: Provided further, That during any 30 day
DISASTER TAX RELIEF ACT OF 2020 ‘‘coronavirus’’ means SARS–CoV–2 or another notification period referenced in section 716 of
DIVISION FF—OTHER MATTER coronavirus with pandemic potential. this Act, the Secretary of Agriculture shall take
Title I—Continuing Education at Affected For- SEC. 9. OFFICE OF MANAGEMENT AND BUDGET no action to begin implementation of the action
eign Institutions and Modifica- REPORTING REQUIREMENT. that is subject to section 716 of this Act or make
tion of Certain Protections for Notwithstanding the ‘‘7 calendar days’’ re- any public announcement of such action in any
Taxpayer Return Information quirement in section 251(a)(7)(B) of the Bal- form.
Title II—Public Lands anced Budget and Emergency Deficit Control
EXECUTIVE OPERATIONS
Title III—Foreign Relations and Department of Act of 1985 (2 U.S.C. 901(a)(7)(B)), for any ap-
State Provisions propriations Act for fiscal year 2021 enacted be- OFFICE OF THE CHIEF ECONOMIST
Title IV—Senate Sergeant at Arms Cloud Serv- fore January 1, 2021, the Office of Management For necessary expenses of the Office of the
ices and Budget shall transmit to the Congress its re- Chief Economist, $24,192,000, of which $8,000,000
Title V—Repeal of Requirement to Sell Certain port under that section estimating the discre- shall be for grants or cooperative agreements for
Federal Property in Plum Island, tionary budgetary effects of such Acts not later policy research under 7 U.S.C. 3155.
New York than January 15, 2021. OFFICE OF HEARINGS AND APPEALS
Title VI—Preventing Online Sales of E-Ciga- DIVISION A—AGRICULTURE, RURAL DE-
rettes to Children For necessary expenses of the Office of Hear-
VELOPMENT, FOOD AND DRUG ADMINIS- ings and Appeals, $15,394,000.
Title VII—FAFSA Simplification TRATION, AND RELATED AGENCIES AP-
Title VIII—Access to Death Information Fur- PROPRIATIONS ACT, 2021
OFFICE OF BUDGET AND PROGRAM ANALYSIS
nished to or Maintained by the For necessary expenses of the Office of Budget
Social Security Administration TITLE I
and Program Analysis, $9,629,000.
Title IX—Telecommunications and Consumer AGRICULTURAL PROGRAMS
OFFICE OF THE CHIEF INFORMATION OFFICER
Protection PROCESSING, RESEARCH, AND MARKETING
Title X—Bankruptcy Relief For necessary expenses of the Office of the
OFFICE OF THE SECRETARY Chief Information Officer, $66,814,000, of which
Title XI—Western Water and Indian Affairs
(INCLUDING TRANSFERS OF FUNDS) not less than $56,000,000 is for cybersecurity re-
Title XII—Horseracing Integrity and Safety
Title XIII—Community Development Block For necessary expenses of the Office of the quirements of the department.
Grants Secretary, $46,998,000, of which not to exceed OFFICE OF THE CHIEF FINANCIAL OFFICER
Title XIV—COVID–19 Consumer Protection Act $5,101,000 shall be available for the immediate
For necessary expenses of the Office of the
Title XV—American COMPETE Act Office of the Secretary; not to exceed $1,324,000
Chief Financial Officer, $6,109,000.
Title XVI—Recording of Obligations shall be available for the Office of Homeland Se-
Title XVII—Sudan Claims Resolution curity; not to exceed $7,002,000 shall be available OFFICE OF THE ASSISTANT SECRETARY FOR CIVIL
Title XVIII—Theodore Roosevelt Presidential for the Office of Partnerships and Public En- RIGHTS
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Library Conveyance Act of 2020 gagement, of which $1,500,000 shall be for 7 For necessary expenses of the Office of the As-
Title XIX—United States-Mexico Economic U.S.C. 2279(c)(5); not to exceed $22,321,000 shall sistant Secretary for Civil Rights, $908,000: Pro-
Partnership Act be available for the Office of the Assistant Sec- vided, That funds made available by this Act to
Title XX—Consumer Product Safety Commission retary for Administration, of which $21,440,000 an agency in the Civil Rights mission area for
Port Surveillance shall be available for Departmental Administra- salaries and expenses are available to fund up
Title XXI—COVID–19 Regulatory Relief and tion to provide for necessary expenses for man- to one administrative support staff for the Of-
Work From Home Safety Act agement support services to offices of the De- fice.
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H7325
OFFICE OF CIVIL RIGHTS AGRICULTURAL RESEARCH SERVICE the matter preceding division A of this consoli-
For necessary expenses of the Office of Civil SALARIES AND EXPENSES dated Act): Provided, That funds for research
Rights, $22,789,000. For necessary expenses of the Agricultural Re- grants for 1994 institutions, education grants for
AGRICULTURE BUILDINGS AND FACILITIES search Service and for acquisition of lands by 1890 institutions, Hispanic serving institutions
donation, exchange, or purchase at a nominal education grants, capacity building for non-
(INCLUDING TRANSFERS OF FUNDS)
cost not to exceed $100, and for land exchanges land-grant colleges of agriculture, the agri-
For payment of space rental and related costs culture and food research initiative, veterinary
where the lands exchanged shall be of equal
pursuant to Public Law 92–313, including au- medicine loan repayment, multicultural schol-
value or shall be equalized by a payment of
thorities pursuant to the 1984 delegation of au- ars, graduate fellowship and institution chal-
money to the grantor which shall not exceed 25
thority from the Administrator of General Serv- lenge grants, and grants management systems
percent of the total value of the land or interests
ices to the Department of Agriculture under 40 shall remain available until expended: Provided
transferred out of Federal ownership,
U.S.C. 121, for programs and activities of the further, That each institution eligible to receive
$1,491,784,000: Provided, That appropriations
Department which are included in this Act, and funds under the Evans-Allen program receives
hereunder shall be available for the operation
for alterations and other actions needed for the no less than $1,000,000: Provided further, That
and maintenance of aircraft and the purchase
Department and its agencies to consolidate funds for education grants for Alaska Native
of not to exceed one for replacement only: Pro-
unneeded space into configurations suitable for and Native Hawaiian-serving institutions be
vided further, That appropriations hereunder
release to the Administrator of General Services, made available to individual eligible institutions
shall be available pursuant to 7 U.S.C. 2250 for
and for the operation, maintenance, improve- or consortia of eligible institutions with funds
the construction, alteration, and repair of build-
ment, and repair of Agriculture buildings and awarded equally to each of the States of Alaska
ings and improvements, but unless otherwise
facilities, and for related costs, $108,124,000, to and Hawaii: Provided further, That funds for
provided, the cost of constructing any one build-
remain available until expended. education grants for 1890 institutions shall be
ing shall not exceed $500,000, except for
HAZARDOUS MATERIALS MANAGEMENT headhouses or greenhouses which shall each be made available to institutions eligible to receive
(INCLUDING TRANSFERS OF FUNDS) limited to $1,800,000, except for 10 buildings to be funds under 7 U.S.C. 3221 and 3222: Provided
For necessary expenses of the Department of constructed or improved at a cost not to exceed further, That not more than 5 percent of the
Agriculture, to comply with the Comprehensive $1,100,000 each, and except for two buildings to amounts made available by this or any other
Environmental Response, Compensation, and be constructed at a cost not to exceed $3,000,000 Act to carry out the Agriculture and Food Re-
Liability Act (42 U.S.C. 9601 et seq.) and the each, and the cost of altering any one building search Initiative under 7 U.S.C. 3157 may be re-
Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), during the fiscal year shall not exceed 10 per- tained by the Secretary of Agriculture to pay
$6,514,000, to remain available until expended: cent of the current replacement value of the administrative costs incurred by the Secretary in
Provided, That appropriations and funds avail- building or $500,000, whichever is greater: Pro- carrying out that authority.
able herein to the Department for Hazardous vided further, That appropriations hereunder NATIVE AMERICAN INSTITUTIONS ENDOWMENT
Materials Management may be transferred to shall be available for entering into lease agree- FUND
any agency of the Department for its use in ments at any Agricultural Research Service lo- For the Native American Institutions Endow-
meeting all requirements pursuant to the above cation for the construction of a research facility ment Fund authorized by Public Law 103–382 (7
Acts on Federal and non-Federal lands. by a non-Federal entity for use by the Agricul- U.S.C. 301 note), $11,880,000, to remain available
OFFICE OF SAFETY, SECURITY, AND PROTECTION tural Research Service and a condition of the until expended.
lease shall be that any facility shall be owned,
For necessary expenses of the Office of Safety, EXTENSION ACTIVITIES
operated, and maintained by the non-Federal
Security, and Protection, $23,218,000. For payments to States, the District of Colum-
entity and shall be removed upon the expiration
OFFICE OF INSPECTOR GENERAL or termination of the lease agreement: Provided bia, Puerto Rico, Guam, the Virgin Islands, Mi-
For necessary expenses of the Office of In- further, That the limitations on alterations con- cronesia, the Northern Marianas, and American
spector General, including employment pursu- tained in this Act shall not apply to moderniza- Samoa, $538,447,000, which shall be for the pur-
ant to the Inspector General Act of 1978 (Public tion or replacement of existing facilities at Belts- poses, and in the amounts, specified in the table
Law 95–452; 5 U.S.C. App.), $99,912,000, includ- ville, Maryland: Provided further, That appro- titled ‘‘National Institute of Food and Agri-
ing such sums as may be necessary for con- priations hereunder shall be available for grant- culture, Extension Activities’’ in the explana-
tracting and other arrangements with public ing easements at the Beltsville Agricultural Re- tory statement described in section 4 (in the
agencies and private persons pursuant to sec- search Center: Provided further, That the fore- matter preceding division A of this consolidated
tion 6(a)(9) of the Inspector General Act of 1978 going limitations shall not apply to replacement Act): Provided, That funds for facility improve-
(Public Law 95–452; 5 U.S.C. App.), and includ- of buildings needed to carry out the Act of April ments at 1890 institutions shall remain available
ing not to exceed $125,000 for certain confiden- 24, 1948 (21 U.S.C. 113a): Provided further, That until expended: Provided further, That institu-
tial operational expenses, including the pay- appropriations hereunder shall be available for tions eligible to receive funds under 7 U.S.C.
ment of informants, to be expended under the granting easements at any Agricultural Re- 3221 for cooperative extension receive no less
direction of the Inspector General pursuant to search Service location for the construction of a than $1,000,000: Provided further, That funds
the Inspector General Act of 1978 (Public Law research facility by a non-Federal entity for use for cooperative extension under sections 3(b)
95–452; 5 U.S.C. App.) and section 1337 of the by, and acceptable to, the Agricultural Research and (c) of the Smith-Lever Act (7 U.S.C. 343(b)
Agriculture and Food Act of 1981 (Public Law Service and a condition of the easements shall and (c)) and section 208(c) of Public Law 93–471
97–98). be that upon completion the facility shall be ac- shall be available for retirement and employees’
OFFICE OF THE GENERAL COUNSEL cepted by the Secretary, subject to the avail- compensation costs for extension agents.
For necessary expenses of the Office of the ability of funds herein, if the Secretary finds INTEGRATED ACTIVITIES
General Counsel, $45,390,000. that acceptance of the facility is in the interest For the integrated research, education, and
of the United States: Provided further, That extension grants programs, including necessary
OFFICE OF ETHICS
funds may be received from any State, other po- administrative expenses, $39,000,000, which shall
For necessary expenses of the Office of Ethics, litical subdivision, organization, or individual
$4,184,000. be for the purposes, and in the amounts, speci-
for the purpose of establishing or operating any fied in the table titled ‘‘National Institute of
OFFICE OF THE UNDER SECRETARY FOR research facility or research project of the Agri- Food and Agriculture, Integrated Activities’’ in
RESEARCH, EDUCATION, AND ECONOMICS cultural Research Service, as authorized by law. the explanatory statement described in section 4
For necessary expenses of the Office of the BUILDINGS AND FACILITIES (in the matter preceding division A of this con-
Under Secretary for Research, Education, and For the acquisition of land, construction, re- solidated Act): Provided, That funds for the
Economics, $809,000: Provided, That funds made pair, improvement, extension, alteration, and Food and Agriculture Defense Initiative shall
available by this Act to an agency in the Re- purchase of fixed equipment or facilities as nec- remain available until September 30, 2022: Pro-
search, Education, and Economics mission area essary to carry out the agricultural research vided further, That notwithstanding any other
for salaries and expenses are available to fund programs of the Department of Agriculture, provision of law, indirect costs shall not be
up to one administrative support staff for the where not otherwise provided, $35,700,000 to re- charged against any Extension Implementation
Office. main available until expended, of which Program Area grant awarded under the Crop
ECONOMIC RESEARCH SERVICE $11,200,000 shall be allocated for ARS facilities Protection/Pest Management Program (7 U.S.C.
For necessary expenses of the Economic Re- co-located with university partners. 7626).
search Service, $85,476,000. NATIONAL INSTITUTE OF FOOD AND AGRICULTURE OFFICE OF THE UNDER SECRETARY FOR
NATIONAL AGRICULTURAL STATISTICS SERVICE RESEARCH AND EDUCATION ACTIVITIES MARKETING AND REGULATORY PROGRAMS
For necessary expenses of the National Agri- For payments to agricultural experiment sta- For necessary expenses of the Office of the
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cultural Statistics Service, $183,921,000, of which tions, for cooperative forestry and other re- Under Secretary for Marketing and Regulatory
up to $46,300,000 shall be available until ex- search, for facilities, and for other expenses, Programs, $809,000: Provided, That funds made
pended for the Census of Agriculture: Provided, $992,642,000, which shall be for the purposes, available by this Act to an agency in the Mar-
That amounts made available for the Census of and in the amounts, specified in the table titled keting and Regulatory Programs mission area
Agriculture may be used to conduct Current In- ‘‘National Institute of Food and Agriculture, for salaries and expenses are available to fund
dustrial Report surveys subject to 7 U.S.C. Research and Education Activities’’ in the ex- up to one administrative support staff for the
2204g(d) and (f). planatory statement described in section 4 (in Office.
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H7326 CONGRESSIONAL RECORD — HOUSE December 21, 2020
ANIMAL AND PLANT HEALTH INSPECTION SERVICE not exceed 10 percent of the current replacement OFFICE OF THE UNDER SECRETARY FOR FOOD
SALARIES AND EXPENSES
value of the building. SAFETY
In fiscal year 2021, the agency is authorized to For necessary expenses of the Office of the
(INCLUDING TRANSFERS OF FUNDS) collect fees to cover the total costs of providing Under Secretary for Food Safety, $809,000: Pro-
For necessary expenses of the Animal and technical assistance, goods, or services requested vided, That funds made available by this Act to
Plant Health Inspection Service, including up to by States, other political subdivisions, domestic an agency in the Food Safety mission area for
$30,000 for representation allowances and for ex- and international organizations, foreign govern- salaries and expenses are available to fund up
penses pursuant to the Foreign Service Act of ments, or individuals, provided that such fees to one administrative support staff for the Of-
1980 (22 U.S.C. 4085), $1,064,179,000, of which are structured such that any entity’s liability fice.
$478,000, to remain available until expended, for such fees is reasonably based on the tech-
FOOD SAFETY AND INSPECTION SERVICE
shall be available for the control of outbreaks of nical assistance, goods, or services provided to
the entity by the agency, and such fees shall be For necessary expenses to carry out services
insects, plant diseases, animal diseases and for authorized by the Federal Meat Inspection Act,
control of pest animals and birds (‘‘contingency reimbursed to this account, to remain available
until expended, without further appropriation, the Poultry Products Inspection Act, and the
fund’’) to the extent necessary to meet emer- Egg Products Inspection Act, including not to
gency conditions; of which $13,597,000, to re- for providing such assistance, goods, or services.
exceed $10,000 for representation allowances and
main available until expended, shall be used for BUILDINGS AND FACILITIES
for expenses pursuant to section 8 of the Act ap-
the cotton pests program, including for cost For plans, construction, repair, preventive proved August 3, 1956 (7 U.S.C. 1766),
share purposes or for debt retirement for active maintenance, environmental support, improve- $1,075,703,000; and in addition, $1,000,000 may be
eradication zones; of which $38,093,000, to re- ment, extension, alteration, and purchase of credited to this account from fees collected for
main available until expended, shall be for Ani- fixed equipment or facilities, as authorized by 7 the cost of laboratory accreditation as author-
mal Health Technical Services; of which U.S.C. 2250, and acquisition of land as author- ized by section 1327 of the Food, Agriculture,
$2,009,000 shall be for activities under the au- ized by 7 U.S.C. 2268a, $3,175,000, to remain Conservation and Trade Act of 1990 (7 U.S.C.
thority of the Horse Protection Act of 1970, as available until expended. 138f): Provided, That funds provided for the
amended (15 U.S.C. 1831); of which $63,213,000, AGRICULTURAL MARKETING SERVICE Public Health Data Communication Infrastruc-
to remain available until expended, shall be ture system shall remain available until ex-
used to support avian health; of which MARKETING SERVICES
pended: Provided further, That no fewer than
$4,251,000, to remain available until expended, For necessary expenses of the Agricultural
148 full-time equivalent positions shall be em-
shall be for information technology infrastruc- Marketing Service, $188,358,000, of which
ployed during fiscal year 2021 for purposes dedi-
ture; of which $196,553,000, to remain available $6,000,000 shall be available for the purposes of
cated solely to inspections and enforcement re-
until expended, shall be for specialty crop pests; section 12306 of Public Law 113–79: Provided,
lated to the Humane Methods of Slaughter Act
of which, $10,942,000, to remain available until That this appropriation shall be available pur-
(7 U.S.C. 1901 et seq.): Provided further, That
expended, shall be for field crop and rangeland suant to law (7 U.S.C. 2250) for the alteration
the Food Safety and Inspection Service shall
ecosystem pests; of which $19,620,000, to remain and repair of buildings and improvements, but
continue implementation of section 11016 of
available until expended, shall be for zoonotic the cost of altering any one building during the
Public Law 110–246 as further clarified by the
disease management; of which $41,268,000, to re- fiscal year shall not exceed 10 percent of the
amendments made in section 12106 of Public
main available until expended, shall be for current replacement value of the building.
Law 113–79: Provided further, That this appro-
emergency preparedness and response; of which Fees may be collected for the cost of standard-
priation shall be available pursuant to law (7
$60,456,000, to remain available until expended, ization activities, as established by regulation
U.S.C. 2250) for the alteration and repair of
shall be for tree and wood pests; of which pursuant to law (31 U.S.C. 9701), except for the
buildings and improvements, but the cost of al-
$5,736,000, to remain available until expended, cost of activities relating to the development or
tering any one building during the fiscal year
shall be for the National Veterinary Stockpile; maintenance of grain standards under the
shall not exceed 10 percent of the current re-
of which up to $1,500,000, to remain available United States Grain Standards Act, 7 U.S.C. 71
placement value of the building.
until expended, shall be for the scrapie program et seq.
for indemnities; of which $2,500,000, to remain TITLE II
LIMITATION ON ADMINISTRATIVE EXPENSES
available until expended, shall be for the wild- FARM PRODUCTION AND CONSERVATION
Not to exceed $61,227,000 (from fees collected)
life damage management program for aviation PROGRAMS
shall be obligated during the current fiscal year
safety: Provided, That of amounts available for administrative expenses: Provided, That if OFFICE OF THE UNDER SECRETARY FOR FARM
under this heading for wildlife services methods crop size is understated and/or other uncontrol- PRODUCTION AND CONSERVATION
development, $1,000,000 shall remain available lable events occur, the agency may exceed this For necessary expenses of the Office of the
until expended: Provided further, That of limitation by up to 10 percent with notification Under Secretary for Farm Production and Con-
amounts available under this heading for the to the Committees on Appropriations of both servation, $916,000: Provided, That funds made
screwworm program, $4,990,000 shall remain Houses of Congress. available by this Act to an agency in the Farm
available until expended; of which $20,252,000, Production and Conservation mission area for
FUNDS FOR STRENGTHENING MARKETS, INCOME,
to remain available until expended, shall be salaries and expenses are available to fund up
AND SUPPLY (SECTION 32)
used to carry out the science program and tran- to one administrative support staff for the Of-
sition activities for the National Bio and Agro- (INCLUDING TRANSFERS OF FUNDS)
fice.
defense Facility located in Manhattan, Kansas: Funds available under section 32 of the Act of FARM PRODUCTION AND CONSERVATION BUSINESS
Provided further, That no funds shall be used to August 24, 1935 (7 U.S.C. 612c), shall be used CENTER
formulate or administer a brucellosis eradication only for commodity program expenses as author-
program for the current fiscal year that does not SALARIES AND EXPENSES
ized therein, and other related operating ex-
require minimum matching by the States of at penses, except for: (1) transfers to the Depart- (INCLUDING TRANSFERS OF FUNDS)
least 40 percent: Provided further, That this ap- ment of Commerce as authorized by the Fish For necessary expenses of the Farm Produc-
propriation shall be available for the purchase, and Wildlife Act of 1956 (16 U.S.C. 742a et seq.); tion and Conservation Business Center,
replacement, operation, and maintenance of air- (2) transfers otherwise provided in this Act; and $231,302,000: Provided, That $60,228,000 of
craft: Provided further, That in addition, in (3) not more than $20,705,000 for formulation amounts appropriated for the current fiscal year
emergencies which threaten any segment of the and administration of marketing agreements pursuant to section 1241(a) of the Farm Security
agricultural production industry of the United and orders pursuant to the Agricultural Mar- and Rural Investment Act of 1985 (16 U.S.C.
States, the Secretary may transfer from other keting Agreement Act of 1937 and the Agricul- 3841(a)) shall be transferred to and merged with
appropriations or funds available to the agen- tural Act of 1961 (Public Law 87–128). this account.
cies or corporations of the Department such PAYMENTS TO STATES AND POSSESSIONS FARM SERVICE AGENCY
sums as may be deemed necessary, to be avail-
For payments to departments of agriculture, SALARIES AND EXPENSES
able only in such emergencies for the arrest and
bureaus and departments of markets, and simi- (INCLUDING TRANSFERS OF FUNDS)
eradication of contagious or infectious disease
lar agencies for marketing activities under sec-
or pests of animals, poultry, or plants, and for For necessary expenses of the Farm Service
tion 204(b) of the Agricultural Marketing Act of
expenses in accordance with sections 10411 and Agency, $1,142,924,000, of which not less than
1946 (7 U.S.C. 1623(b)), $1,235,000.
10417 of the Animal Health Protection Act (7 $15,000,000 shall be for the hiring of new em-
U.S.C. 8310 and 8316) and sections 431 and 442 LIMITATION ON INSPECTION AND WEIGHING ployees to fill vacancies and anticipated vacan-
of the Plant Protection Act (7 U.S.C. 7751 and SERVICES EXPENSES cies at Farm Service Agency county offices and
7772), and any unexpended balances of funds Not to exceed $55,000,000 (from fees collected) farm loan officers and shall be available until
transferred for such emergency purposes in the shall be obligated during the current fiscal year September 30, 2022: Provided, That not more
ctelli on DSK11ZRN23PROD with HOUSE
preceding fiscal year shall be merged with such for inspection and weighing services: Provided, than 50 percent of the funding made available
transferred amounts: Provided further, That ap- That if grain export activities require additional under this heading for information technology
propriations hereunder shall be available pursu- supervision and oversight, or other uncontrol- related to farm program delivery may be obli-
ant to law (7 U.S.C. 2250) for the repair and al- lable factors occur, this limitation may be ex- gated until the Secretary submits to the Commit-
teration of leased buildings and improvements, ceeded by up to 10 percent with notification to tees on Appropriations of both Houses of Con-
but unless otherwise provided the cost of alter- the Committees on Appropriations of both gress, and receives written or electronic notifica-
ing any one building during the fiscal year shall Houses of Congress. tion of receipt from such Committees of, a plan
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H7327
for expenditure that (1) identifies for each seq.), Indian tribe land acquisition loans (25 improvements to other buildings and other pub-
project/investment over $25,000 (a) the func- U.S.C. 5136), boll weevil loans (7 U.S.C. 1989), lic improvements shall not exceed $250,000: Pro-
tional and performance capabilities to be deliv- guaranteed conservation loans (7 U.S.C. 1924 et vided further, That when buildings or other
ered and the mission benefits to be realized, (b) seq.), relending program (7 U.S.C. 1936c), and structures are erected on non-Federal land, that
the estimated lifecycle cost for the entirety of Indian highly fractionated land loans (25 U.S.C. the right to use such land is obtained as pro-
the project/investment, including estimates for 5136) to be available from funds in the Agricul- vided in 7 U.S.C. 2250a: Provided further, That
development as well as maintenance and oper- tural Credit Insurance Fund, as follows: of the amounts made available under this head-
ations, and (c) key milestones to be met; (2) dem- $3,300,000,000 for guaranteed farm ownership ing, $3,000,000 shall remain available until ex-
onstrates that each project/investment is, (a) loans and $2,500,000,000 for farm ownership di- pended for planning and implementation assist-
consistent with the Farm Service Agency Infor- rect loans; $2,118,482,000 for unsubsidized guar- ance associated with land treatment measures
mation Technology Roadmap, (b) being man- anteed operating loans and $1,633,333,000 for di- that address flood damage reduction, bank sta-
aged in accordance with applicable lifecycle rect operating loans; emergency loans, bilization and erosion control in the watersheds
management policies and guidance, and (c) sub- $37,668,000; Indian tribe land acquisition loans, identified under section 13 of the Flood Control
ject to the applicable Department’s capital plan- $20,000,000; guaranteed conservation loans, Act of December 22, 1944 (Public Law 78–534).
ning and investment control requirements; and $150,000,000; relending program, $33,693,000; In- WATERSHED AND FLOOD PREVENTION OPERATIONS
(3) has been reviewed by the Government Ac- dian highly fractionated land loans, $5,000,000; For necessary expenses to carry out preventive
countability Office and approved by the Com- and for boll weevil eradication program loans, measures, including but not limited to surveys
mittees on Appropriations of both Houses of $60,000,000: Provided, That the Secretary shall and investigations, engineering operations,
Congress: Provided further, That the agency deem the pink bollworm to be a boll weevil for works of improvement, and changes in use of
shall submit a report by the end of the fourth the purpose of boll weevil eradication program land, in accordance with the Watershed Protec-
quarter of fiscal year 2021 to the Committees on loans. tion and Flood Prevention Act (16 U.S.C. 1001–
Appropriations and the Government Account- For the cost of direct and guaranteed loans 1005 and 1007–1009) and in accordance with the
ability Office, that identifies for each project/in- and grants, including the cost of modifying provisions of laws relating to the activities of
vestment that is operational (a) current perform- loans as defined in section 502 of the Congres- the Department, $175,000,000, to remain avail-
ance against key indicators of customer satisfac- sional Budget Act of 1974, as follows: $38,710,000 able until expended: Provided, That for funds
tion, (b) current performance of service level for direct farm operating loans, $23,727,000 for provided by this Act or any other prior Act, the
agreements or other technical metrics, (c) cur- unsubsidized guaranteed farm operating loans, limitation regarding the size of the watershed or
rent performance against a pre-established cost $207,000 for emergency loans, $5,000,000 for the subwatershed exceeding two hundred and fifty
baseline, (d) a detailed breakdown of current relending program, and $742,000 for Indian thousand acres in which such activities can be
and planned spending on operational enhance- highly fractionated land loans, to remain avail- undertaken shall only apply for activities un-
ments or upgrades, and (e) an assessment of able until expended. dertaken for the primary purpose of flood pre-
whether the investment continues to meet busi- In addition, for administrative expenses nec-
vention (including structural and land treat-
ness needs as intended as well as alternatives to essary to carry out the direct and guaranteed
ment measures): Provided further, That of the
the investment: Provided further, That the Sec- loan programs, $307,344,000: Provided, That of
amounts made available under this heading,
retary is authorized to use the services, facili- this amount, $294,114,000 shall be transferred to
$65,000,000 shall be allocated to projects and ac-
ties, and authorities (but not the funds) of the and merged with the appropriation for ‘‘Farm
tivities that can commence promptly following
Commodity Credit Corporation to make program Service Agency, Salaries and Expenses’’.
enactment; that address regional priorities for
payments for all programs administered by the Funds appropriated by this Act to the Agri-
flood prevention, agricultural water manage-
Agency: Provided further, That other funds cultural Credit Insurance Program Account for
ment, inefficient irrigation systems, fish and
made available to the Agency for authorized ac- farm ownership, operating and conservation di-
wildlife habitat, or watershed protection; or that
tivities may be advanced to and merged with rect loans and guaranteed loans may be trans-
address authorized ongoing projects under the
this account: Provided further, That funds ferred among these programs: Provided, That
authorities of section 13 of the Flood Control
made available to county committees shall re- the Committees on Appropriations of both
Act of December 22, 1944 (Public Law 78–534)
main available until expended: Provided fur- Houses of Congress are notified at least 15 days
with a primary purpose of watershed protection
ther, That none of the funds available to the in advance of any transfer.
by preventing floodwater damage and stabi-
Farm Service Agency shall be used to close Farm RISK MANAGEMENT AGENCY lizing stream channels, tributaries, and banks to
Service Agency county offices: Provided further, SALARIES AND EXPENSES reduce erosion and sediment transport: Provided
That none of the funds available to the Farm further, That of the amounts made available
Service Agency shall be used to permanently re- For necessary expenses of the Risk Manage-
ment Agency, $60,131,000: Provided, That under this heading, $10,000,000 shall remain
locate county based employees that would result available until expended for the authorities
in an office with two or fewer employees with- $1,000,000 of the amount appropriated under
this heading in this Act shall be available for under 16 U.S.C. 1001–1005 and 1007–1009 for au-
out prior notification and approval of the Com- thorized ongoing watershed projects with a pri-
mittees on Appropriations of both Houses of compliance and integrity activities required
under section 516(b)(2)(C) of the Federal Crop mary purpose of providing water to rural com-
Congress. munities.
Insurance Act of 1938 (7 U.S.C. 1516(b)(2)(C)),
STATE MEDIATION GRANTS and shall be in addition to amounts otherwise WATERSHED REHABILITATION PROGRAM
For grants pursuant to section 502(b) of the provided for such purpose: Provided further, Under the authorities of section 14 of the Wa-
Agricultural Credit Act of 1987, as amended (7 That not to exceed $1,000 shall be available for tershed Protection and Flood Prevention Act,
U.S.C. 5101–5106), $6,914,000. official reception and representation expenses, $10,000,000 is provided.
GRASSROOTS SOURCE WATER PROTECTION as authorized by 7 U.S.C. 1506(i). CORPORATIONS
PROGRAM NATURAL RESOURCES CONSERVATION SERVICE The following corporations and agencies are
For necessary expenses to carry out wellhead CONSERVATION OPERATIONS hereby authorized to make expenditures, within
or groundwater protection activities under sec- For necessary expenses for carrying out the the limits of funds and borrowing authority
tion 1240O of the Food Security Act of 1985 (16 provisions of the Act of April 27, 1935 (16 U.S.C. available to each such corporation or agency
U.S.C. 3839bb–2), $6,500,000, to remain available 590a–f), including preparation of conservation and in accord with law, and to make contracts
until expended. plans and establishment of measures to conserve and commitments without regard to fiscal year
DAIRY INDEMNITY PROGRAM soil and water (including farm irrigation and limitations as provided by section 104 of the
(INCLUDING TRANSFER OF FUNDS) land drainage and such special measures for soil Government Corporation Control Act as may be
and water management as may be necessary to necessary in carrying out the programs set forth
For necessary expenses involved in making in-
prevent floods and the siltation of reservoirs and in the budget for the current fiscal year for such
demnity payments to dairy farmers and manu-
to control agricultural related pollutants); oper- corporation or agency, except as hereinafter
facturers of dairy products under a dairy in-
ation of conservation plant materials centers; provided.
demnity program, such sums as may be nec-
essary, to remain available until expended: Pro- classification and mapping of soil; dissemination FEDERAL CROP INSURANCE CORPORATION FUND
vided, That such program is carried out by the of information; acquisition of lands, water, and For payments as authorized by section 516 of
Secretary in the same manner as the dairy in- interests therein for use in the plant materials the Federal Crop Insurance Act (7 U.S.C. 1516),
demnity program described in the Agriculture, program by donation, exchange, or purchase at such sums as may be necessary, to remain avail-
Rural Development, Food and Drug Administra- a nominal cost not to exceed $100 pursuant to able until expended.
tion, and Related Agencies Appropriations Act, the Act of August 3, 1956 (7 U.S.C. 2268a); pur- COMMODITY CREDIT CORPORATION FUND
2001 (Public Law 106–387, 114 Stat. 1549A–12). chase and erection or alteration or improvement
REIMBURSEMENT FOR NET REALIZED LOSSES
of permanent and temporary buildings; and op-
AGRICULTURAL CREDIT INSURANCE FUND
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eration and maintenance of aircraft, (INCLUDING TRANSFERS OF FUNDS)
PROGRAM ACCOUNT
$832,727,000, to remain available until September For the current fiscal year, such sums as may
(INCLUDING TRANSFERS OF FUNDS) 30, 2022: Provided, That appropriations here- be necessary to reimburse the Commodity Credit
For gross obligations for the principal amount under shall be available pursuant to 7 U.S.C. Corporation for net realized losses sustained,
of direct and guaranteed farm ownership (7 2250 for construction and improvement of build- but not previously reimbursed, pursuant to sec-
U.S.C. 1922 et seq.) and operating (7 U.S.C. 1941 ings and public improvements at plant materials tion 2 of the Act of August 17, 1961 (15 U.S.C.
et seq.) loans, emergency loans (7 U.S.C. 1961 et centers, except that the cost of alterations and 713a–11): Provided, That of the funds available
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H7328 CONGRESSIONAL RECORD — HOUSE December 21, 2020
to the Commodity Credit Corporation under sec- guarantees pursuant to the provisions of the consecutive months, if such project has a wait-
tion 11 of the Commodity Credit Corporation Credit Reform Act of 1990 (2 U.S.C. 661 et seq.), ing list of tenants seeking such assistance or the
Charter Act (15 U.S.C. 714i) for the conduct of and the interest on such loans may not be sub- project has rental assistance eligible tenants
its business with the Foreign Agricultural Serv- sidized: Provided further, That applicants in who are not receiving such assistance: Provided
ice, up to $5,000,000 may be transferred to and communities that have a current rural area further, That such recaptured rental assistance
used by the Foreign Agricultural Service for in- waiver under section 541 of the Housing Act of shall, to the extent practicable, be applied to an-
formation resource management activities of the 1949 (42 U.S.C. 1490q) shall be treated as living other farm labor multi-family housing project fi-
Foreign Agricultural Service that are not related in a rural area for purposes of section 502 guar- nanced under section 514 or 516 of the Act: Pro-
to Commodity Credit Corporation business. anteed loans provided under this heading: Pro- vided further, That except as provided in the
HAZARDOUS WASTE MANAGEMENT vided further, That of the amounts available fourth proviso under this heading and notwith-
(LIMITATION ON EXPENSES)
under this paragraph for section 502 direct standing any other provision of the Act, the
loans, no less than $5,000,000 shall be available Secretary may recapture rental assistance pro-
For the current fiscal year, the Commodity for direct loans for individuals whose homes will vided under agreements entered into prior to fis-
Credit Corporation shall not expend more than be built pursuant to a program funded with a cal year 2021 for a project that the Secretary de-
$15,000,000 for site investigation and cleanup ex- mutual and self-help housing grant authorized termines no longer needs rental assistance and
penses, and operations and maintenance ex- by section 523 of the Housing Act of 1949 until use such recaptured funds for current needs.
penses to comply with the requirement of section June 1, 2021: Provided further, That the Sec-
107(g) of the Comprehensive Environmental Re- MULTI-FAMILY HOUSING REVITALIZATION
retary shall implement provisions to provide in-
sponse, Compensation, and Liability Act (42 centives to nonprofit organizations and public PROGRAM ACCOUNT
U.S.C. 9607(g)), and section 6001 of the Solid housing authorities to facilitate the acquisition
Waste Disposal Act (42 U.S.C. 6961). For the rural housing voucher program as au-
of Rural Housing Service (RHS) multifamily thorized under section 542 of the Housing Act of
TITLE III housing properties by such nonprofit organiza- 1949, but notwithstanding subsection (b) of such
RURAL DEVELOPMENT PROGRAMS tions and public housing authorities that com- section, and for additional costs to conduct a
OFFICE OF THE UNDER SECRETARY FOR RURAL mit to keep such properties in the RHS multi- demonstration program for the preservation and
DEVELOPMENT family housing program for a period of time as revitalization of multi-family rental housing
determined by the Secretary, with such incen- properties described in this paragraph,
For necessary expenses of the Office of the
tives to include, but not be limited to, the fol- $68,000,000, to remain available until expended:
Under Secretary for Rural Development,
lowing: allow such nonprofit entities and public Provided, That of the funds made available
$812,000: Provided, That funds made available
housing authorities to earn a Return on Invest- under this heading, $40,000,000, shall be avail-
by this Act to an agency in the Rural Develop-
ment on their own resources to include proceeds able for rural housing vouchers to any low-in-
ment mission area for salaries and expenses are
from low income housing tax credit syndication, come household (including those not receiving
available to fund up to one administrative sup-
own contributions, grants, and developer loans rental assistance) residing in a property fi-
port staff for the Office.
at favorable rates and terms, invested in a deal; nanced with a section 515 loan which has been
RURAL DEVELOPMENT and allow reimbursement of organizational costs prepaid after September 30, 2005: Provided fur-
SALARIES AND EXPENSES associated with owner’s oversight of asset re- ther, That the amount of such voucher shall be
(INCLUDING TRANSFERS OF FUNDS) ferred to as ‘‘Asset Management Fee’’ of up to the difference between comparable market rent
For necessary expenses for carrying out the $7,500 per property. for the section 515 unit and the tenant paid rent
administration and implementation of Rural De- In addition, for the cost of direct loans, for such unit: Provided further, That funds
velopment programs, including activities with grants, and contracts, as authorized by sections made available for such vouchers shall be sub-
institutions concerning the development and op- 514 and 516 of the Housing Act of 1949 (42 U.S.C. ject to the availability of annual appropriations:
eration of agricultural cooperatives; and for co- 1484, 1486), $15,093,000, to remain available until Provided further, That the Secretary shall, to
operative agreements; $264,024,000: Provided, expended, for direct farm labor housing loans the maximum extent practicable, administer
That notwithstanding any other provision of and domestic farm labor housing grants and such vouchers with current regulations and ad-
law, funds appropriated under this heading contracts: Provided, That any balances avail- ministrative guidance applicable to section 8
may be used for advertising and promotional ac- able for the Farm Labor Program Account shall housing vouchers administered by the Secretary
tivities that support Rural Development pro- be transferred to and merged with this account. of the Department of Housing and Urban Devel-
In addition, for administrative expenses nec- opment: Provided further, That if the Secretary
grams: Provided further, That in addition to
essary to carry out the direct and guaranteed determines that the amount made available for
any other funds appropriated for purposes au-
loan programs, $412,254,000 shall be transferred vouchers in this or any other Act is not needed
thorized by section 502(i) of the Housing Act of
to and merged with the appropriation for for vouchers, the Secretary may use such funds
1949 (42 U.S.C. 1472(i)), any amounts collected
‘‘Rural Development, Salaries and Expenses’’. for the demonstration program for the preserva-
under such section, as amended by this Act, will
immediately be credited to this account and will RENTAL ASSISTANCE PROGRAM tion and revitalization of multi-family rental
remain available until expended for such pur- For rental assistance agreements entered into housing properties described in this paragraph:
poses. or renewed pursuant to the authority under sec- Provided further, That of the funds made avail-
RURAL HOUSING SERVICE tion 521(a)(2) of the Housing Act of 1949 or able under this heading, $28,000,000 shall be
agreements entered into in lieu of debt forgive- available for a demonstration program for the
RURAL HOUSING INSURANCE FUND PROGRAM
ness or payments for eligible households as au- preservation and revitalization of the sections
ACCOUNT
thorized by section 502(c)(5)(D) of the Housing 514, 515, and 516 multi-family rental housing
(INCLUDING TRANSFERS OF FUNDS) Act of 1949, $1,410,000,000, of which $40,000,000 properties to restructure existing USDA multi-
For gross obligations for the principal amount shall be available until September 30, 2022; and family housing loans, as the Secretary deems
of direct and guaranteed loans as authorized by in addition such sums as may be necessary, as appropriate, expressly for the purposes of ensur-
title V of the Housing Act of 1949, to be avail- authorized by section 521(c) of the Act, to liq- ing the project has sufficient resources to pre-
able from funds in the rural housing insurance uidate debt incurred prior to fiscal year 1992 to serve the project for the purpose of providing
fund, as follows: $1,000,000,000 shall be for direct carry out the rental assistance program under safe and affordable housing for low-income resi-
loans and $24,000,000,000 shall be for unsub- section 521(a)(2) of the Act: Provided, That rent- dents and farm laborers including reducing or
sidized guaranteed loans; $28,000,000 for section al assistance agreements entered into or re- eliminating interest; deferring loan payments,
504 housing repair loans; $40,000,000 for section newed during the current fiscal year shall be subordinating, reducing or reamortizing loan
515 rental housing; $230,000,000 for section 538 funded for a one-year period: Provided further, debt; and other financial assistance including
guaranteed multi-family housing loans; That upon request by an owner of a project fi- advances, payments and incentives (including
$10,000,000 for credit sales of single family hous- nanced by an existing loan under section 514 or the ability of owners to obtain reasonable re-
ing acquired property; $5,000,000 for section 523 515 of the Act, the Secretary may renew the turns on investment) required by the Secretary:
self-help housing land development loans; and rental assistance agreement for a period of 20 Provided further, That the Secretary shall as
$5,000,000 for section 524 site development loans. years or until the term of such loan has expired, part of the preservation and revitalization
For the cost of direct and guaranteed loans, subject to annual appropriations: Provided fur- agreement obtain a restrictive use agreement
including the cost of modifying loans, as defined ther, That any unexpended balances remaining consistent with the terms of the restructuring:
in section 502 of the Congressional Budget Act at the end of such one-year agreements may be Provided further, That if the Secretary deter-
of 1974, as follows: section 502 loans, $55,400,000 transferred and used for purposes of any debt mines that additional funds for vouchers de-
shall be for direct loans; section 504 housing re- reduction, maintenance, repair, or rehabilita- scribed in this paragraph are needed, funds for
pair loans, $2,215,000; section 523 self-help hous- tion of any existing projects; preservation; and the preservation and revitalization demonstra-
ing land development loans, $269,000; section 524 rental assistance activities authorized under tion program may be used for such vouchers:
ctelli on DSK11ZRN23PROD with HOUSE
site development loans, $355,000; and repair, re- title V of the Act: Provided further, That rental Provided further, That if Congress enacts legis-
habilitation, and new construction of section assistance provided under agreements entered lation to permanently authorize a multi-family
515 rental housing, $6,688,000: Provided, That to into prior to fiscal year 2021 for a farm labor rental housing loan restructuring program simi-
support the loan program level for section 538 multi-family housing project financed under lar to the demonstration program described
guaranteed loans made available under this section 514 or 516 of the Act may not be recap- herein, the Secretary may use funds made avail-
heading the Secretary may charge or adjust any tured for use in another project until such as- able for the demonstration program under this
fees to cover the projected cost of such loan sistance has remained unused for a period of 12 heading to carry out such legislation with the
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H7329
prior approval of the Committees on Appropria- priated under this heading shall be available for RURAL COOPERATIVE DEVELOPMENT GRANTS
tions of both Houses of Congress: Provided fur- community facilities grants to tribal colleges, as For rural cooperative development grants au-
ther, That in addition to any other available authorized by section 306(a)(19) of such Act: thorized under section 310B(e) of the Consoli-
funds, the Secretary may expend not more than Provided further, That sections 381E–H and dated Farm and Rural Development Act (7
$1,000,000 total, from the program funds made 381N of the Consolidated Farm and Rural Devel- U.S.C. 1932), $26,600,000, of which $2,800,000
available under this heading, for administrative opment Act are not applicable to the funds made shall be for cooperative agreements for the ap-
expenses for activities funded under this head- available under this heading. propriate technology transfer for rural areas
ing. RURAL BUSINESS—COOPERATIVE SERVICE program: Provided, That not to exceed $3,000,000
MUTUAL AND SELF-HELP HOUSING GRANTS RURAL BUSINESS PROGRAM ACCOUNT shall be for grants for cooperative development
For grants and contracts pursuant to section (INCLUDING TRANSFERS OF FUNDS) centers, individual cooperatives, or groups of co-
523(b)(1)(A) of the Housing Act of 1949 (42 For the cost of loan guarantees and grants, operatives that serve socially disadvantaged
U.S.C. 1490c), $31,000,000, to remain available for the rural business development programs au- groups and a majority of the boards of directors
until expended. thorized by section 310B and described in sub- or governing boards of which are comprised of
RURAL HOUSING ASSISTANCE GRANTS sections (a), (c), (f) and (g) of section 310B of individuals who are members of socially dis-
the Consolidated Farm and Rural Development advantaged groups; and of which $15,000,000, to
For grants for very low-income housing repair
Act, $56,400,000, to remain available until ex- remain available until expended, shall be for
and rural housing preservation made by the
pended: Provided, That of the amount appro- value-added agricultural product market devel-
Rural Housing Service, as authorized by 42
priated under this heading, not to exceed opment grants, as authorized by section 210A of
U.S.C. 1474, and 1490m, $45,000,000, to remain
$500,000 shall be made available for one grant to the Agricultural Marketing Act of 1946, of
available until expended.
a qualified national organization to provide which $3,000,000, to remain available until ex-
RURAL COMMUNITY FACILITIES PROGRAM pended, shall be for Agriculture Innovation
ACCOUNT technical assistance for rural transportation in
order to promote economic development and Centers authorized pursuant to section 6402 of
(INCLUDING TRANSFERS OF FUNDS) Public Law 107–171.
$9,000,000 shall be for grants to the Delta Re-
For gross obligations for the principal amount gional Authority (7 U.S.C. 2009aa et seq.), the RURAL MICROENTREPRENEUR ASSISTANCE
of direct and guaranteed loans as authorized by Northern Border Regional Commission (40 PROGRAM
section 306 and described in section 381E(d)(1) of U.S.C. 15101 et seq.), and the Appalachian Re- For the cost of loans and grants, $6,000,000
the Consolidated Farm and Rural Development gional Commission (40 U.S.C. 14101 et seq.) for under the same terms and conditions as author-
Act, $2,800,000,000 for direct loans and any Rural Community Advancement Program ized by section 379E of the Consolidated Farm
$500,000,000 for guaranteed loans. purpose as described in section 381E(d) of the and Rural Development Act (7 U.S.C. 2008s):
For the cost of direct loans, loan guarantees Consolidated Farm and Rural Development Act, Provided, That such costs of loans, including
and grants, including the cost of modifying of which not more than 5 percent may be used the cost of modifying such loans, shall be de-
loans, as defined in section 502 of the Congres- for administrative expenses: Provided further, fined in section 502 of the Congressional Budget
sional Budget Act of 1974, for rural community That $4,000,000 of the amount appropriated Act of 1974.
facilities programs as authorized by section 306 under this heading shall be for business grants
and described in section 381E(d)(1) of the Con- RURAL ENERGY FOR AMERICA PROGRAM
to benefit Federally Recognized Native Amer-
solidated Farm and Rural Development Act, ican Tribes, including $250,000 for a grant to a For the cost of a program of loan guarantees,
$74,000,000, to remain available until expended: qualified national organization to provide tech- under the same terms and conditions as author-
Provided, That $6,000,000 of the amount appro- nical assistance for rural transportation in ized by section 9007 of the Farm Security and
priated under this heading shall be available for order to promote economic development: Pro- Rural Investment Act of 2002 (7 U.S.C. 8107),
a Rural Community Development Initiative: vided further, That of the amount appropriated $392,000: Provided, That the cost of loan guar-
Provided further, That such funds shall be used under this heading, not to exceed $2,000,000 antees, including the cost of modifying such
solely to develop the capacity and ability of pri- shall be for Rural Business Development Grants loans, shall be as defined in section 502 of the
vate, nonprofit community-based housing and in rural coastal communities, with priority given Congressional Budget Act of 1974.
community development organizations, low-in- to National Scenic Areas that were devastated RURAL UTILITIES SERVICE
come rural communities, and Federally Recog- by wildfires that are in need of economic devel- RURAL WATER AND WASTE DISPOSAL PROGRAM
nized Native American Tribes to undertake opment assistance, to support innovation and ACCOUNT
projects to improve housing, community facili- job growth: Provided further, That sections
ties, community and economic development (INCLUDING TRANSFERS OF FUNDS)
381E–H and 381N of the Consolidated Farm and
projects in rural areas: Provided further, That Rural Development Act are not applicable to For gross obligations for the principal amount
such funds shall be made available to qualified funds made available under this heading. of direct and guaranteed loans as authorized by
private, nonprofit and public intermediary orga- section 306 and described in section 381E(d)(2) of
INTERMEDIARY RELENDING PROGRAM FUND
nizations proposing to carry out a program of fi- the Consolidated Farm and Rural Development
ACCOUNT
nancial and technical assistance: Provided fur- Act, as follows: $1,400,000,000 for direct loans;
ther, That such intermediary organizations (INCLUDING TRANSFER OF FUNDS) and $50,000,000 for guaranteed loans.
shall provide matching funds from other For the principal amount of direct loans, as For the cost of loan guarantees and grants,
sources, including Federal funds for related ac- authorized by the Intermediary Relending Pro- including the cost of modifying loans, as defined
tivities, in an amount not less than funds pro- gram Fund Account (7 U.S.C. 1936b), in section 502 of the Congressional Budget Act
vided: Provided further, That $6,000,000 of the $18,889,000. of 1974, for rural water, waste water, waste dis-
amount appropriated under this heading shall For the cost of direct loans, $2,939,000, as au- posal, and solid waste management programs
be to provide grants for facilities in rural com- thorized by the Intermediary Relending Program authorized by sections 306, 306A, 306C, 306D,
munities with extreme unemployment and severe Fund Account (7 U.S.C. 1936b), of which 306E, and 310B and described in sections
economic depression (Public Law 106–387), with $557,000 shall be available through June 30, 306C(a)(2), 306D, 306E, and 381E(d)(2) of the
up to 5 percent for administration and capacity 2021, for Federally Recognized Native American Consolidated Farm and Rural Development Act,
building in the State rural development offices: Tribes; and of which $1,072,000 shall be avail- $621,567,000, to remain available until expended,
Provided further, That of the amount appro- able through June 30, 2021, for Mississippi Delta of which not to exceed $1,000,000 shall be avail-
priated under this heading, $25,000,000 shall be Region counties (as determined in accordance able for the rural utilities program described in
available to cover the subsidy costs for loans or with Public Law 100–460): Provided, That such section 306(a)(2)(B) of such Act, and of which
loan guarantees under this heading: Provided costs, including the cost of modifying such not to exceed $5,000,000 shall be available for the
further, That if any such funds remain unobli- loans, shall be as defined in section 502 of the rural utilities program described in section 306E
gated for the subsidy costs after June 30, 2021, Congressional Budget Act of 1974. of such Act: Provided, That not to exceed
the unobligated balance may be transferred to In addition, for administrative expenses to $15,000,000 of the amount appropriated under
the grant programs funded under this heading: carry out the direct loan programs, $4,468,000 this heading shall be for grants authorized by
Provided further, That any unobligated bal- shall be transferred to and merged with the ap- section 306A(i)(2) of the Consolidated Farm and
ances from prior year appropriations under this propriation for ‘‘Rural Development, Salaries Rural Development Act in addition to funding
heading for the cost of direct loans, loan guar- and Expenses’’. authorized by section 306A(i)(1) of such Act:
antees and grants, including amounts RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM Provided further, That $68,000,000 of the
deobligated or cancelled, may be made available ACCOUNT amount appropriated under this heading shall
to cover the subsidy costs for direct loans and or For the principal amount of direct loans, as be for loans and grants including water and
loan guarantees under this heading in this fis- authorized under section 313B(a) of the Rural waste disposal systems grants authorized by sec-
cal year: Provided further, That no amounts Electrification Act, for the purpose of promoting tion 306C(a)(2)(B) and section 306D of the Con-
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may be made available pursuant to the pre- rural economic development and job creation solidated Farm and Rural Development Act, and
ceding proviso from amounts that were des- projects, $50,000,000. Federally Recognized Native American Tribes
ignated by the Congress as an emergency re- The cost of grants authorized under section authorized by 306C(a)(1) of such Act: Provided
quirement pursuant to a Concurrent Resolution 313B(a) of the Rural Electrification Act, for the further, That funding provided for section 306D
on the Budget or the Balanced Budget and purpose of promoting rural economic develop- of the Consolidated Farm and Rural Develop-
Emergency Deficit Control Act of 1985: Provided ment and job creation projects shall not exceed ment Act may be provided to a consortium
further, That $5,000,000 of the amount appro- $10,000,000. formed pursuant to section 325 of Public Law
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H7330 CONGRESSIONAL RECORD — HOUSE December 21, 2020
105–83: Provided further, That not more than 2 DISTANCE LEARNING, TELEMEDICINE, AND striking ‘‘For fiscal year 2020’’ and inserting
percent of the funding provided for section 306D BROADBAND PROGRAM ‘‘For fiscal year 2021’’.
of the Consolidated Farm and Rural Develop- For the principal amount of broadband tele- SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR
ment Act may be used by the State of Alaska for communication loans, $11,869,000. WOMEN, INFANTS, AND CHILDREN (WIC)
training and technical assistance programs and For grants for telemedicine and distance For necessary expenses to carry out the spe-
not more than 2 percent of the funding provided learning services in rural areas, as authorized cial supplemental nutrition program as author-
for section 306D of the Consolidated Farm and by 7 U.S.C. 950aaa et seq., $60,000,000, to remain ized by section 17 of the Child Nutrition Act of
Rural Development Act may be used by a con- available until expended: Provided, That 1966 (42 U.S.C. 1786), $6,000,000,000, to remain
sortium formed pursuant to section 325 of Public $3,000,000 shall be made available for grants au- available through September 30, 2022: Provided,
Law 105–83 for training and technical assistance thorized by section 379G of the Consolidated That notwithstanding section 17(h)(10) of the
programs: Provided further, That not to exceed Farm and Rural Development Act: Provided fur- Child Nutrition Act of 1966 (42 U.S.C.
$35,000,000 of the amount appropriated under ther, That funding provided under this heading 1786(h)(10)), not less than $90,000,000 shall be
this heading shall be for technical assistance for grants under section 379G of the Consoli- used for breastfeeding peer counselors and other
grants for rural water and waste systems pursu- dated Farm and Rural Development Act may related activities, and $14,000,000 shall be used
ant to section 306(a)(14) of such Act, unless the only be provided to entities that meet all of the for infrastructure: Provided further, That none
Secretary makes a determination of extreme eligibility criteria for a consortium as estab- of the funds provided in this account shall be
need, of which $8,000,000 shall be made avail- lished by this section. available for the purchase of infant formula ex-
able for a grant to a qualified nonprofit multi- For the cost of broadband loans, as author- cept in accordance with the cost containment
State regional technical assistance organization, ized by section 601 of the Rural Electrification and competitive bidding requirements specified
with experience in working with small commu- Act, $2,000,000, to remain available until ex- in section 17 of such Act: Provided further, That
nities on water and waste water problems, the pended: Provided, That the cost of direct loans none of the funds provided shall be available for
principal purpose of such grant shall be to assist shall be as defined in section 502 of the Congres- activities that are not fully reimbursed by other
rural communities with populations of 3,300 or sional Budget Act of 1974. Federal Government departments or agencies
less, in improving the planning, financing, de- In addition, $35,000,000, to remain available unless authorized by section 17 of such Act: Pro-
velopment, operation, and management of water until expended, for the Community Connect vided further, That upon termination of a feder-
and waste water systems, and of which not less Grant Program authorized by 7 U.S.C. 950bb–3. ally mandated vendor moratorium and subject
than $800,000 shall be for a qualified national to terms and conditions established by the Sec-
TITLE IV
Native American organization to provide tech- retary, the Secretary may waive the requirement
nical assistance for rural water systems for trib- DOMESTIC FOOD PROGRAMS at 7 CFR 246.12(g)(6) at the request of a State
al communities: Provided further, That not to OFFICE OF THE UNDER SECRETARY FOR FOOD, agency.
exceed $20,157,000 of the amount appropriated NUTRITION, AND CONSUMER SERVICES SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
under this heading shall be for contracting with For necessary expenses of the Office of the For necessary expenses to carry out the Food
qualified national organizations for a circuit Under Secretary for Food, Nutrition, and Con- and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.),
rider program to provide technical assistance for sumer Services, $809,000: Provided, That funds $114,035,578,000, of which $3,000,000,000, to re-
rural water systems: Provided further, That not made available by this Act to an agency in the main available through September 30, 2023, shall
to exceed $4,000,000 of the amounts made avail- Food, Nutrition and Consumer Services mission be placed in reserve for use only in such
able under this heading shall be for solid waste area for salaries and expenses are available to amounts and at such times as may become nec-
management grants: Provided further, That fund up to one administrative support staff for essary to carry out program operations: Pro-
$10,000,000 of the amount appropriated under the Office. vided, That funds provided herein shall be ex-
this heading shall be transferred to, and merged pended in accordance with section 16 of the
FOOD AND NUTRITION SERVICE
with, the Rural Utilities Service, High Energy Food and Nutrition Act of 2008: Provided fur-
Cost Grants Account to provide grants author- CHILD NUTRITION PROGRAMS
ther, That of the funds made available under
ized under section 19 of the Rural Electrification (INCLUDING TRANSFERS OF FUNDS) this heading, $998,000 may be used to provide
Act of 1936 (7 U.S.C. 918a): Provided further, For necessary expenses to carry out the Rich- nutrition education services to State agencies
That any prior year balances for high-energy ard B. Russell National School Lunch Act (42 and Federally Recognized Tribes participating
cost grants authorized by section 19 of the Rural U.S.C. 1751 et seq.), except section 21, and the in the Food Distribution Program on Indian
Electrification Act of 1936 (7 U.S.C. 918a) shall Child Nutrition Act of 1966 (42 U.S.C. 1771 et Reservations: Provided further, That this appro-
be transferred to and merged with the Rural seq.), except sections 17 and 21; $25,118,440,000 to priation shall be subject to any work registra-
Utilities Service, High Energy Cost Grants Ac- remain available through September 30, 2022, of tion or workfare requirements as may be re-
count: Provided further, That sections 381E–H which such sums as are made available under quired by law: Provided further, That funds
and 381N of the Consolidated Farm and Rural section 14222(b)(1) of the Food, Conservation, made available for Employment and Training
Development Act are not applicable to the funds and Energy Act of 2008 (Public Law 110–246), as under this heading shall remain available
made available under this heading. amended by this Act, shall be merged with and through September 30, 2022: Provided further,
RURAL ELECTRIFICATION AND available for the same time period and purposes That funds made available under this heading
TELECOMMUNICATIONS LOANS PROGRAM ACCOUNT as provided herein: Provided, That of the total for section 28(d)(1), section 4(b), and section
amount available, $18,004,000 shall be available 27(a) of the Food and Nutrition Act of 2008 shall
(INCLUDING TRANSFER OF FUNDS) remain available through September 30, 2022:
to carry out section 19 of the Child Nutrition
The principal amount of direct and guaran- Act of 1966 (42 U.S.C. 1771 et seq.): Provided fur- Provided further, That with respect to funds
teed loans as authorized by sections 305, 306, ther, That of the total amount available, made available under this heading for section
and 317 of the Rural Electrification Act of 1936 $15,299,000 shall be available to carry out stud- 28(d)(1), the Secretary shall use 2 percent for
(7 U.S.C. 935, 936, and 940g) shall be made as ies and evaluations and shall remain available administration, training and technical assist-
follows: loans made pursuant to sections 305, until expended: Provided further, That of the ance, and pilot projects under section 28: Pro-
306, and 317, notwithstanding 317(c), of that total amount available, $30,000,000 shall be vided further, That none of the funds made
Act, rural electric, $5,500,000,000; guaranteed available to provide competitive grants to State available under this heading may be obligated
underwriting loans pursuant to section 313A of agencies for subgrants to local educational or expended in contravention of section 213A of
that Act, $750,000,000; 5 percent rural tele- agencies and schools to purchase the equipment, the Immigration and Nationality Act (8 U.S.C.
communications loans, cost of money rural tele- with a value of greater than $1,000, needed to 1183A): Provided further, That funds made
communications loans, and for loans made pur- serve healthier meals, improve food safety, and available under this heading may be used to
suant to section 306 of that Act, rural tele- to help support the establishment, maintenance, enter into contracts and employ staff to conduct
communications loans, $690,000,000: Provided, or expansion of the school breakfast program: studies, evaluations, or to conduct activities re-
That up to $2,000,000,000 shall be used for the Provided further, That of the total amount lated to program integrity provided that such
construction, acquisition, design and engineer- available, $42,000,000 shall remain available activities are authorized by the Food and Nutri-
ing or improvement of fossil-fueled electric gen- until expended to carry out section 749(g) of the tion Act of 2008.
erating plants (whether new or existing) that Agriculture Appropriations Act of 2010 (Public COMMODITY ASSISTANCE PROGRAM
utilize carbon subsurface utilization and storage Law 111–80): Provided further, That section For necessary expenses to carry out disaster
systems. 26(d) of the Richard B. Russell National School assistance and the Commodity Supplemental
For the cost of direct loans as authorized by Lunch Act (42 U.S.C. 1769g(d)) is amended in Food Program as authorized by section 4(a) of
section 305 of the Rural Electrification Act of the first sentence by striking ‘‘2010 through the Agriculture and Consumer Protection Act of
1936 (7 U.S.C. 935), including the cost of modi- 2021’’ and inserting ‘‘2010 through 2022’’: Pro- 1973 (7 U.S.C. 612c note); the Emergency Food
fying loans, as defined in section 502 of the Con- vided further, That section 9(h)(3) of the Rich- Assistance Act of 1983; special assistance for the
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gressional Budget Act of 1974, cost of money ard B. Russell National School Lunch Act (42 nuclear affected islands, as authorized by sec-
rural telecommunications loans, $2,277,000. U.S.C. 1758(h)(3)) is amended in the first sen- tion 103(f)(2) of the Compact of Free Association
In addition, for administrative expenses nec- tence by striking ‘‘For fiscal year 2020’’ and in- Amendments Act of 2003 (Public Law 108–188);
essary to carry out the direct and guaranteed serting ‘‘For fiscal year 2021’’: Provided further, and the Farmers’ Market Nutrition Program, as
loan programs, $33,270,000, which shall be trans- That section 9(h)(4) of the Richard B. Russell authorized by section 17(m) of the Child Nutri-
ferred to and merged with the appropriation for National School Lunch Act (42 U.S.C. tion Act of 1966, $426,700,000, to remain avail-
‘‘Rural Development, Salaries and Expenses’’. 1758(h)(4)) is amended in the first sentence by able through September 30, 2022: Provided, That
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H7331
none of these funds shall be available to reim- prior years’ costs, including interest thereon, available until expended; $22,797,000 shall be de-
burse the Commodity Credit Corporation for under the Food for Peace Act (Public Law 83– rived from generic new animal drug user fees
commodities donated to the program: Provided 480), for commodities supplied in connection authorized by 21 U.S.C. 379j–21, and shall be
further, That notwithstanding any other provi- with dispositions abroad under title II of said credited to this account and remain available
sion of law, effective with funds made available Act, $1,740,000,000, to remain available until ex- until expended; $712,000,000 shall be derived
in fiscal year 2021 to support the Seniors Farm- pended. from tobacco product user fees authorized by 21
ers’ Market Nutrition Program, as authorized by MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDU- U.S.C. 387s, and shall be credited to this ac-
section 4402 of the Farm Security and Rural In- CATION AND CHILD NUTRITION PROGRAM count and remain available until expended: Pro-
vestment Act of 2002, such funds shall remain GRANTS vided further, That in addition to and notwith-
available through September 30, 2022: Provided standing any other provision under this head-
For necessary expenses to carry out the provi-
further, That of the funds made available under ing, amounts collected for prescription drug user
sions of section 3107 of the Farm Security and
section 27(a) of the Food and Nutrition Act of fees, medical device user fees, human generic
Rural Investment Act of 2002 (7 U.S.C. 1736o–1),
2008 (7 U.S.C. 2036(a)), the Secretary may use up
$230,000,000, to remain available until expended: drug user fees, biosimilar biological product user
to 20 percent for costs associated with the dis-
Provided, That the Commodity Credit Corpora- fees, animal drug user fees, and generic new
tribution of commodities.
tion is authorized to provide the services, facili- animal drug user fees that exceed the respective
NUTRITION PROGRAMS ADMINISTRATION
ties, and authorities for the purpose of imple- fiscal year 2021 limitations are appropriated and
For necessary administrative expenses of the menting such section, subject to reimbursement shall be credited to this account and remain
Food and Nutrition Service for carrying out any from amounts provided herein: Provided further, available until expended: Provided further,
domestic nutrition assistance program, That of the amount made available under this That fees derived from prescription drug, med-
$156,805,000: Provided, That of the funds pro- heading, not more than 10 percent, but not less ical device, human generic drug, biosimilar bio-
vided herein, $2,000,000 shall be used for the than $23,000,000, shall remain available until ex- logical product, animal drug, and generic new
purposes of section 4404 of Public Law 107–171, pended to purchase agricultural commodities as animal drug assessments for fiscal year 2021, in-
as amended by section 4401 of Public Law 110– described in subsection 3107(a)(2) of the Farm cluding any such fees collected prior to fiscal
246. Security and Rural Investment Act of 2002 (7 year 2021 but credited for fiscal year 2021, shall
TITLE V U.S.C. 1736o–1(a)(2)). be subject to the fiscal year 2021 limitations:
FOREIGN ASSISTANCE AND RELATED COMMODITY CREDIT CORPORATION EXPORT Provided further, That the Secretary may accept
PROGRAMS (LOANS) CREDIT GUARANTEE PROGRAM ACCOUNT payment during fiscal year 2021 of user fees
OFFICE OF THE UNDER SECRETARY FOR TRADE (INCLUDING TRANSFERS OF FUNDS) specified under this heading and authorized for
AND FOREIGN AGRICULTURAL AFFAIRS fiscal year 2022, prior to the due date for such
For administrative expenses to carry out the
For necessary expenses of the Office of the Commodity Credit Corporation’s Export Guar- fees, and that amounts of such fees assessed for
Under Secretary for Trade and Foreign Agricul- antee Program, GSM 102 and GSM 103, fiscal year 2022 for which the Secretary accepts
tural Affairs, $887,000: Provided, That funds $6,381,000, to cover common overhead expenses payment in fiscal year 2021 shall not be included
made available by this Act to any agency in the as permitted by section 11 of the Commodity in amounts under this heading: Provided fur-
Trade and Foreign Agricultural Affairs mission Credit Corporation Charter Act and in con- ther, That none of these funds shall be used to
area for salaries and expenses are available to formity with the Federal Credit Reform Act of develop, establish, or operate any program of
fund up to one administrative support staff for 1990, of which $6,063,000 shall be transferred to user fees authorized by 31 U.S.C. 9701: Provided
the Office. and merged with the appropriation for ‘‘Foreign further, That of the total amount appropriated:
OFFICE OF CODEX ALIMENTARIUS Agricultural Service, Salaries and Expenses’’, (1) $1,099,160,000 shall be for the Center for Food
For necessary expenses of the Office of Codex and of which $318,000 shall be transferred to Safety and Applied Nutrition and related field
Alimentarius, $4,805,000, including not to exceed and merged with the appropriation for ‘‘Farm activities in the Office of Regulatory Affairs, of
$40,000 for official reception and representation Production and Conservation Business Center, which no less than $15,000,000 shall be used for
expenses. Salaries and Expenses’’. inspections of foreign seafood manufacturers
FOREIGN AGRICULTURAL SERVICE TITLE VI and field examinations of imported seafood; (2)
$1,996,126,000 shall be for the Center for Drug
SALARIES AND EXPENSES RELATED AGENCY AND FOOD AND DRUG Evaluation and Research and related field ac-
(INCLUDING TRANSFERS OF FUNDS) ADMINISTRATION tivities in the Office of Regulatory Affairs; (3)
For necessary expenses of the Foreign Agri- DEPARTMENT OF HEALTH AND HUMAN SERVICES $437,071,000 shall be for the Center for Biologics
cultural Service, including not to exceed $250,000 FOOD AND DRUG ADMINISTRATION Evaluation and Research and for related field
for representation allowances and for expenses SALARIES AND EXPENSES activities in the Office of Regulatory Affairs; (4)
pursuant to section 8 of the Act approved Au- $244,350,000 shall be for the Center for Veteri-
(INCLUDING TRANSFERS OF FUNDS)
gust 3, 1956 (7 U.S.C. 1766), $221,835,000, of nary Medicine and for related field activities in
which no more than 6 percent shall remain For necessary expenses of the Food and Drug
Administration, including hire and purchase of the Office of Regulatory Affairs; (5) $609,121,000
available until September 30, 2022, for overseas shall be for the Center for Devices and Radio-
operations to include the payment of locally em- passenger motor vehicles; for payment of space
rental and related costs pursuant to Public Law logical Health and for related field activities in
ployed staff: Provided, That the Service may the Office of Regulatory Affairs; (6) $66,712,000
utilize advances of funds, or reimburse this ap- 92–313 for programs and activities of the Food
and Drug Administration which are included in shall be for the National Center for Toxi-
propriation for expenditures made on behalf of cological Research; (7) $681,513,000 shall be for
Federal agencies, public and private organiza- this Act; for rental of special purpose space in
the District of Columbia or elsewhere; in addi- the Center for Tobacco Products and for related
tions and institutions under agreements exe- field activities in the Office of Regulatory Af-
cuted pursuant to the agricultural food produc- tion to amounts appropriated to the FDA Inno-
vation Account, for carrying out the activities fairs; (8) $188,707,000 shall be for Rent and Re-
tion assistance programs (7 U.S.C. 1737) and the lated activities, of which $52,944,000 is for White
foreign assistance programs of the United States described in section 1002(b)(4) of the 21st Cen-
tury Cures Act (Public Law 114–255); for mis- Oak Consolidation, other than the amounts
Agency for International Development: Provided
cellaneous and emergency expenses of enforce- paid to the General Services Administration for
further, That funds made available for middle-
ment activities, authorized and approved by the rent; (9) $235,112,000 shall be for payments to the
income country training programs, funds made
Secretary and to be accounted for solely on the General Services Administration for rent; and
available for the Borlaug International Agricul-
Secretary’s certificate, not to exceed $25,000; and (10) $318,153,000 shall be for other activities, in-
tural Science and Technology Fellowship pro-
notwithstanding section 521 of Public Law 107– cluding the Office of the Commissioner of Food
gram, and up to $2,000,000 of the Foreign Agri-
188; $5,876,025,000: Provided, That of the amount and Drugs, the Office of Food Policy and Re-
cultural Service appropriation solely for the
provided under this heading, $1,107,199,000 shall sponse, the Office of Operations, the Office of
purpose of offsetting fluctuations in inter-
be derived from prescription drug user fees au- the Chief Scientist, and central services for
national currency exchange rates, subject to
thorized by 21 U.S.C. 379h, and shall be credited these offices: Provided further, That not to ex-
documentation by the Foreign Agricultural
Service, shall remain available until expended. to this account and remain available until ex- ceed $25,000 of this amount shall be for official
pended; $236,059,000 shall be derived from med- reception and representation expenses, not oth-
FOOD FOR PEACE TITLE I DIRECT CREDIT AND
ical device user fees authorized by 21 U.S.C. erwise provided for, as determined by the Com-
FOOD FOR PROGRESS PROGRAM ACCOUNT
379j, and shall be credited to this account and missioner: Provided further, That any transfer
(INCLUDING TRANSFER OF FUNDS) of funds pursuant to section 770(n) of the Fed-
remain available until expended; $520,208,000
For administrative expenses to carry out the shall be derived from human generic drug user eral Food, Drug, and Cosmetic Act (21 U.S.C.
credit program of title I, Food for Peace Act fees authorized by 21 U.S.C. 379j–42, and shall 379dd(n)) shall only be from amounts made
(Public Law 83–480) and the Food for Progress be credited to this account and remain available available under this heading for other activities:
Act of 1985, $112,000, shall be transferred to and
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until expended; $42,494,000 shall be derived from Provided further, That of the amounts that are
merged with the appropriation for ‘‘Farm Pro- biosimilar biological product user fees author- made available under this heading for ‘‘other
duction and Conservation Business Center, Sal- ized by 21 U.S.C. 379j–52, and shall be credited activities’’, and that are not derived from user
aries and Expenses’’. to this account and remain available until ex- fees, $1,500,000 shall be transferred to and
FOOD FOR PEACE TITLE II GRANTS pended; $33,340,000 shall be derived from animal merged with the appropriation for ‘‘Department
For expenses during the current fiscal year, drug user fees authorized by 21 U.S.C. 379j–12, of Health and Human Services—Office of In-
not otherwise recoverable, and unrecovered and shall be credited to this account and remain spector General’’ for oversight of the programs
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H7332 CONGRESSIONAL RECORD — HOUSE December 21, 2020
and operations of the Food and Drug Adminis- TITLE VII form technology upgrades: Provided further,
tration and shall be in addition to funds other- GENERAL PROVISIONS That of annual income amounts in the Working
wise made available for oversight of the Food (INCLUDING RESCISSIONS AND TRANSFERS OF Capital Fund of the Department of Agriculture
and Drug Administration: Provided further, FUNDS) attributable to the amounts in excess of the true
That funds may be transferred from one speci- costs of the shared services provided by the Na-
SEC. 701. The Secretary may use any appro-
fied activity to another with the prior approval tional Finance Center and budgeted for the Na-
priations made available to the Department of
of the Committees on Appropriations of both tional Finance Center, the Secretary shall re-
Agriculture in this Act to purchase new pas-
Houses of Congress. serve not more than 4 percent for the replace-
senger motor vehicles, in addition to specific ap-
In addition, mammography user fees author- ment or acquisition of capital equipment, in-
propriations for this purpose, so long as the
ized by 42 U.S.C. 263b, export certification user cluding equipment for the improvement, deliv-
total number of vehicles purchased in fiscal year
fees authorized by 21 U.S.C. 381, priority review ery, and implementation of financial, adminis-
2021 does not exceed the number of vehicles
user fees authorized by 21 U.S.C. 360n and 360ff, trative, and information technology services,
owned or leased in fiscal year 2018: Provided,
food and feed recall fees, food reinspection fees, and other systems of the National Finance Cen-
That, prior to purchasing additional motor vehi-
and voluntary qualified importer program fees ter or to pay any unforeseen, extraordinary cost
cles, the Secretary must determine that such ve-
authorized by 21 U.S.C. 379j–31, outsourcing fa- of the National Finance Center: Provided fur-
hicles are necessary for transportation safety, to
cility fees authorized by 21 U.S.C. 379j–62, pre- ther, That none of the amounts reserved shall be
reduce operational costs, and for the protection
scription drug wholesale distributor licensing available for obligation unless the Secretary
of life, property, and public safety: Provided
and inspection fees authorized by 21 U.S.C. submits written notification of the obligation to
further, That the Secretary may not increase the Committees on Appropriations of both
353(e)(3), third-party logistics provider licensing the Department of Agriculture’s fleet above the
and inspection fees authorized by 21 U.S.C. Houses of Congress: Provided further, That the
2018 level unless the Secretary notifies in writ- limitations on the obligation of funds pending
360eee–3(c)(1), third-party auditor fees author- ing, and receives approval from, the Committees notification to Congressional Committees shall
ized by 21 U.S.C. 384d(c)(8), medical counter- on Appropriations of both Houses of Congress not apply to any obligation that, as determined
measure priority review voucher user fees au- within 30 days of the notification. by the Secretary, is necessary to respond to a
thorized by 21 U.S.C. 360bbb–4a, and fees relat- SEC. 702. Notwithstanding any other provision
declared state of emergency that significantly
ing to over-the-counter monograph drugs au- of this Act, the Secretary of Agriculture may
impacts the operations of the National Finance
thorized by 21 U.S.C. 379j–72 shall be credited to transfer unobligated balances of discretionary Center; or to evacuate employees of the National
this account, to remain available until ex- funds appropriated by this Act or any other Finance Center to a safe haven to continue op-
pended. available unobligated discretionary balances erations of the National Finance Center.
BUILDINGS AND FACILITIES
that are remaining available of the Department SEC. 703. No part of any appropriation con-
of Agriculture to the Working Capital Fund for tained in this Act shall remain available for ob-
For plans, construction, repair, improvement, the acquisition of plant and capital equipment ligation beyond the current fiscal year unless
extension, alteration, demolition, and purchase necessary for the delivery of financial, adminis- expressly so provided herein.
of fixed equipment or facilities of or used by the trative, and information technology services of SEC. 704. No funds appropriated by this Act
Food and Drug Administration, where not oth- primary benefit to the agencies of the Depart- may be used to pay negotiated indirect cost
erwise provided, $12,788,000, to remain available ment of Agriculture, such transferred funds to rates on cooperative agreements or similar ar-
until expended. remain available until expended: Provided, That rangements between the United States Depart-
FDA INNOVATION ACCOUNT, CURES ACT none of the funds made available by this Act or ment of Agriculture and nonprofit institutions
any other Act shall be transferred to the Work- in excess of 10 percent of the total direct cost of
(INCLUDING TRANSFER OF FUNDS) ing Capital Fund without the prior approval of the agreement when the purpose of such cooper-
For necessary expenses to carry out the pur- the agency administrator: Provided further, ative arrangements is to carry out programs of
poses described under section 1002(b)(4) of the That none of the funds transferred to the Work- mutual interest between the two parties. This
21st Century Cures Act, in addition to amounts ing Capital Fund pursuant to this section shall does not preclude appropriate payment of indi-
available for such purposes under the heading be available for obligation without written noti- rect costs on grants and contracts with such in-
‘‘Salaries and Expenses’’, $70,000,000, to remain fication to and the prior approval of the Com- stitutions when such indirect costs are computed
available until expended: Provided, That mittees on Appropriations of both Houses of on a similar basis for all agencies for which ap-
amounts appropriated in this paragraph are ap- Congress: Provided further, That none of the propriations are provided in this Act.
propriated pursuant to section 1002(b)(3) of the funds appropriated by this Act or made avail- SEC. 705. Appropriations to the Department of
21st Century Cures Act, are to be derived from able to the Department’s Working Capital Fund Agriculture for the cost of direct and guaran-
amounts transferred under section 1002(b)(2)(A) shall be available for obligation or expenditure teed loans made available in the current fiscal
of such Act, and may be transferred by the Com- to make any changes to the Department’s Na- year shall remain available until expended to
missioner of Food and Drugs to the appropria- tional Finance Center without written notifica- disburse obligations made in the current fiscal
tion for ‘‘Department of Health and Human tion to and prior approval of the Committees on year for the following accounts: the Rural De-
Services Food and Drug Administration Salaries Appropriations of both Houses of Congress as velopment Loan Fund program account, the
and Expenses’’ solely for the purposes provided required by section 716 of this Act: Provided fur- Rural Electrification and Telecommunication
in such Act: Provided further, That upon a de- ther, That none of the funds appropriated by Loans program account, and the Rural Housing
termination by the Commissioner that funds this Act or made available to the Department’s Insurance Fund program account.
transferred pursuant to the previous proviso are Working Capital Fund shall be available for ob- SEC. 706. None of the funds made available to
not necessary for the purposes provided, such ligation or expenditure to initiate, plan, de- the Department of Agriculture by this Act may
amounts may be transferred back to the ac- velop, implement, or make any changes to re- be used to acquire new information technology
count: Provided further, That such transfer au- move or relocate any systems, missions, per- systems or significant upgrades, as determined
thority is in addition to any other transfer au- sonnel, or functions of the offices of the Chief by the Office of the Chief Information Officer,
thority provided by law. Financial Officer and the Chief Information Of- without the approval of the Chief Information
ficer, co-located with or from the National Fi- Officer and the concurrence of the Executive In-
INDEPENDENT AGENCY nance Center prior to written notification to formation Technology Investment Review
FARM CREDIT ADMINISTRATION and prior approval of the Committee on Appro- Board: Provided, That notwithstanding any
priations of both Houses of Congress and in ac- other provision of law, none of the funds appro-
LIMITATION ON ADMINISTRATIVE EXPENSES
cordance with the requirements of section 716 of priated or otherwise made available by this Act
Not to exceed $80,400,000 (from assessments this Act: Provided further, That the National may be transferred to the Office of the Chief In-
collected from farm credit institutions, including Finance Center Information Technology Serv- formation Officer without written notification
the Federal Agricultural Mortgage Corporation) ices Division personnel and data center manage- to and the prior approval of the Committees on
shall be obligated during the current fiscal year ment responsibilities, and control of any func- Appropriations of both Houses of Congress: Pro-
for administrative expenses as authorized under tions, missions, and systems for current and fu- vided further, That, notwithstanding section
12 U.S.C. 2249: Provided, That this limitation ture human resources management and inte- 11319 of title 40, United States Code, none of the
shall not apply to expenses associated with re- grated personnel and payroll systems (PPS) and funds available to the Department of Agri-
ceiverships: Provided further, That the agency functions provided by the Chief Financial Offi- culture for information technology shall be obli-
may exceed this limitation by up to 10 percent cer and the Chief Information Officer shall re- gated for projects, contracts, or other agree-
with notification to the Committees on Appro- main in the National Finance Center and under ments over $25,000 prior to receipt of written ap-
priations of both Houses of Congress: Provided the management responsibility and administra- proval by the Chief Information Officer: Pro-
further, That the purposes of section tive control of the National Finance Center: vided further, That the Chief Information Offi-
3.7(b)(2)(A)(i) of the Farm Credit Act of 1971 (12 Provided further, That the Secretary of Agri- cer may authorize an agency to obligate funds
ctelli on DSK11ZRN23PROD with HOUSE
U.S.C. 2128(b)(2)(A)(i)), the Farm Credit Admin- culture and the offices of the Chief Financial without written approval from the Chief Infor-
istration may exempt, an amount in its sole dis- Officer shall actively market to existing and mation Officer for projects, contracts, or other
cretion, from the application of the limitation new Departments and other government agen- agreements up to $250,000 based upon the per-
provided in that clause of export loans described cies National Finance Center shared services in- formance of an agency measured against the
in the clause guaranteed or insured in a manner cluding, but not limited to, payroll, financial performance plan requirements described in the
other than described in subclause (II) of the management, and human capital shared services explanatory statement accompanying Public
clause. and allow the National Finance Center to per- Law 113–235.
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H7333
SEC. 707. Funds made available under section modity Purchases— $36,746,000: Provided, That (2) reduces by 10 percent funding for any ex-
524(b) of the Federal Crop Insurance Act (7 of the total funds made available in the matter isting program, project, or activity, or numbers
U.S.C. 1524(b)) in the current fiscal year shall preceding this proviso that remain unobligated of personnel by 10 percent as approved by Con-
remain available until expended to disburse obli- on October 1, 2021, such unobligated balances gress; or
gations made in the current fiscal year. shall carryover into fiscal year 2022 and shall (3) results from any general savings from a re-
SEC. 708. Notwithstanding any other provision remain available until expended for any of the duction in personnel which would result in a
of law, any former Rural Utilities Service bor- purposes of section 32, except that any such car- change in existing programs, activities, or
rower that has repaid or prepaid an insured, di- ryover funds used in accordance with clause (3) projects as approved by Congress;
rect or guaranteed loan under the Rural Elec- of section 32 may not exceed $350,000,000 and unless the Secretary of Agriculture or the Sec-
trification Act of 1936, or any not-for-profit util- may not be obligated until the Secretary of Agri- retary of Health and Human Services (as the
ity that is eligible to receive an insured or direct culture provides written notification of the ex- case may be) notifies in writing and receives ap-
loan under such Act, shall be eligible for assist- penditures to the Committees on Appropriations proval from the Committees on Appropriations
ance under section 313B(a) of such Act in the of both Houses of Congress at least two weeks in of both Houses of Congress at least 30 days in
same manner as a borrower under such Act. advance: Provided further, That, with the ex- advance of the reprogramming or transfer of
SEC. 709. (a) Except as otherwise specifically ception of any available carryover funds au- such funds or the use of such authority.
provided by law, not more than $20,000,000 in (c) The Secretary of Agriculture or the Sec-
thorized in any prior appropriations Act to be
unobligated balances from appropriations made retary of Health and Human Services shall no-
used for the purposes of clause (3) of section 32,
available for salaries and expenses in this Act tify in writing and receive approval from the
none of the funds appropriated or otherwise
for the Farm Service Agency shall remain avail- Committees on Appropriations of both Houses of
made available by this or any other Act shall be
able through September 30, 2022, for information Congress before implementing any program or
used to pay the salaries or expenses of any em-
technology expenses. activity not carried out during the previous fis-
ployee of the Department of Agriculture to carry
(b) Except as otherwise specifically provided cal year unless the program or activity is funded
out clause (3) of section 32.
by law, not more than $20,000,000 in unobligated by this Act or specifically funded by any other
SEC. 715. None of the funds appropriated by
balances from appropriations made available for Act.
this or any other Act shall be used to pay the (d) None of the funds provided by this Act, or
salaries and expenses in this Act for the Rural salaries and expenses of personnel who prepare
Development mission area shall remain avail- provided by previous Appropriations Acts to the
or submit appropriations language as part of the agencies funded by this Act that remain avail-
able through September 30, 2022, for information President’s budget submission to the Congress able for obligation or expenditure in the current
technology expenses. for programs under the jurisdiction of the Ap-
SEC. 710. None of the funds appropriated or fiscal year, or provided from any accounts in
propriations Subcommittees on Agriculture, the Treasury derived by the collection of fees
otherwise made available by this Act may be Rural Development, Food and Drug Administra-
used for first-class travel by the employees of available to the agencies funded by this Act,
tion, and Related Agencies that assumes reve- shall be available for—
agencies funded by this Act in contravention of nues or reflects a reduction from the previous (1) modifying major capital investments fund-
sections 301–10.122 through 301–10.124 of title 41, year due to user fees proposals that have not ing levels, including information technology sys-
Code of Federal Regulations. been enacted into law prior to the submission of tems, that involves increasing or decreasing
SEC. 711. In the case of each program estab- the budget unless such budget submission iden- funds in the current fiscal year for the indi-
lished or amended by the Agricultural Act of tifies which additional spending reductions vidual investment in excess of $500,000 or 10 per-
2014 (Public Law 113–79) or by a successor to should occur in the event the user fees proposals cent of the total cost, whichever is less;
that Act, other than by title I or subtitle A of are not enacted prior to the date of the con- (2) realigning or reorganizing new, current, or
title III of such Act, or programs for which in- vening of a committee of conference for the fis- vacant positions or agency activities or func-
definite amounts were provided in that Act, that cal year 2022 appropriations Act. tions to establish a center, office, branch, or
is authorized or required to be carried out using SEC. 716. (a) None of the funds provided by similar entity with five or more personnel; or
funds of the Commodity Credit Corporation— this Act, or provided by previous appropriations (3) carrying out activities or functions that
(1) such funds shall be available for salaries Acts to the agencies funded by this Act that re- were not described in the budget request;
and related administrative expenses, including main available for obligation or expenditure in unless the agencies funded by this Act notify,
technical assistance, associated with the imple- the current fiscal year, or provided from any ac- in writing, the Committees on Appropriations of
mentation of the program, without regard to the counts in the Treasury derived by the collection both Houses of Congress at least 30 days in ad-
limitation on the total amount of allotments and of fees available to the agencies funded by this vance of using the funds for these purposes.
fund transfers contained in section 11 of the Act, shall be available for obligation or expendi- (e) As described in this section, no funds may
Commodity Credit Corporation Charter Act (15 ture through a reprogramming, transfer of be used for any activities unless the Secretary of
U.S.C. 714i); and funds, or reimbursements as authorized by the Agriculture or the Secretary of Health and
(2) the use of such funds for such purpose Economy Act, or in the case of the Department Human Services receives from the Committee on
shall not be considered to be a fund transfer or of Agriculture, through use of the authority Appropriations of both Houses of Congress writ-
allotment for purposes of applying the limitation provided by section 702(b) of the Department of ten or electronic mail confirmation of receipt of
on the total amount of allotments and fund Agriculture Organic Act of 1944 (7 U.S.C. 2257) the notification as required in this section.
transfers contained in such section. or section 8 of Public Law 89–106 (7 U.S.C. 2263), SEC. 717. Notwithstanding section 310B(g)(5)
SEC. 712. Of the funds made available by this that— of the Consolidated Farm and Rural Develop-
Act, not more than $2,900,000 shall be used to (1) creates new programs; ment Act (7 U.S.C. 1932(g)(5)), the Secretary
cover necessary expenses of activities related to (2) eliminates a program, project, or activity; may assess a one-time fee for any guaranteed
all advisory committees, panels, commissions, (3) increases funds or personnel by any means business and industry loan in an amount that
and task forces of the Department of Agri- for any project or activity for which funds have does not exceed 3 percent of the guaranteed
culture, except for panels used to comply with been denied or restricted; principal portion of the loan.
negotiated rule makings and panels used to (4) relocates an office or employees; SEC. 718. None of the funds appropriated or
evaluate competitively awarded grants. (5) reorganizes offices, programs, or activities; otherwise made available to the Department of
SEC. 713. (a) None of the funds made available or Agriculture, the Food and Drug Administration,
in this Act may be used to maintain or establish (6) contracts out or privatizes any functions or the Farm Credit Administration shall be used
a computer network unless such network blocks or activities presently performed by Federal em- to transmit or otherwise make available reports,
the viewing, downloading, and exchanging of ployees; questions, or responses to questions that are a
pornography. unless the Secretary of Agriculture or the Sec- result of information requested for the appro-
(b) Nothing in subsection (a) shall limit the retary of Health and Human Services (as the priations hearing process to any non-Depart-
use of funds necessary for any Federal, State, case may be) notifies in writing and receives ap- ment of Agriculture, non-Department of Health
tribal, or local law enforcement agency or any proval from the Committees on Appropriations and Human Services, or non-Farm Credit Ad-
other entity carrying out criminal investiga- of both Houses of Congress at least 30 days in ministration employee.
tions, prosecution, or adjudication activities. advance of the reprogramming of such funds or SEC. 719. Unless otherwise authorized by exist-
SEC. 714. Notwithstanding subsection (b) of the use of such authority. ing law, none of the funds provided in this Act,
section 14222 of Public Law 110–246 (7 U.S.C. (b) None of the funds provided by this Act, or may be used by an executive branch agency to
612c–6; in this section referred to as ‘‘section provided by previous Appropriations Acts to the produce any prepackaged news story intended
14222’’), none of the funds appropriated or oth- agencies funded by this Act that remain avail- for broadcast or distribution in the United
erwise made available by this or any other Act able for obligation or expenditure in the current States unless the story includes a clear notifica-
shall be used to pay the salaries and expenses of fiscal year, or provided from any accounts in tion within the text or audio of the prepackaged
personnel to carry out a program under section the Treasury derived by the collection of fees news story that the prepackaged news story was
32 of the Act of August 24, 1935 (7 U.S.C. 612c; available to the agencies funded by this Act, prepared or funded by that executive branch
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in this section referred to as ‘‘section 32’’) in ex- shall be available for obligation or expenditure agency.
cess of $1,359,864,000 (exclusive of carryover ap- for activities, programs, or projects through a SEC. 720. No employee of the Department of
propriations from prior fiscal years), as follows: reprogramming or use of the authorities referred Agriculture may be detailed or assigned from an
Child Nutrition Programs Entitlement Commod- to in subsection (a) involving funds in excess of agency or office funded by this Act or any other
ities— $485,000,000; State Option Contracts— $500,000 or 10 percent, whichever is less, that— Act to any other agency or office of the Depart-
$5,000,000; Removal of Defective Commodities— (1) augments existing programs, projects, or ment for more than 60 days in a fiscal year un-
$2,500,000; Administration of Section 32 Com- activities; less the individual’s employing agency or office
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H7334 CONGRESSIONAL RECORD — HOUSE December 21, 2020
is fully reimbursed by the receiving agency or the same authority with respect to loans guar- (2) In this section, the term ‘‘iron and steel
office for the salary and expenses of the em- anteed under such section and eligible lenders products’’ means the following products made
ployee for the period of assignment. for such loans as the Secretary has under sub- primarily of iron or steel: lined or unlined pipes
SEC. 721. Not later than 30 days after the date sections (h) and (j) of section 538 of such Act (42 and fittings, manhole covers and other munic-
of enactment of this Act, the Secretary of Agri- U.S.C. 1490p–2) with respect to loans guaranteed ipal castings, hydrants, tanks, flanges, pipe
culture, the Commissioner of the Food and Drug under such section 538 and eligible lenders for clamps and restraints, valves, structural steel,
Administration, and the Chairman of the Farm such loans. reinforced precast concrete, and construction
Credit Administration shall submit to the Com- SEC. 728. None of the funds made available by materials.
mittees on Appropriations of both Houses of this Act may be used to propose, promulgate, or (b) Subsection (a) shall not apply in any case
Congress a detailed spending plan by program, implement any rule, or take any other action or category of cases in which the Secretary of
project, and activity for all the funds made with respect to, allowing or requiring informa- Agriculture (in this section referred to as the
available under this Act including appropriated tion intended for a prescribing health care pro- ‘‘Secretary’’) or the designee of the Secretary
user fees, as defined in the explanatory state- fessional, in the case of a drug or biological finds that—
ment described in section 4 (in the matter pre- product subject to section 503(b)(1) of the Fed- (1) applying subsection (a) would be incon-
ceding division A of this consolidated Act). eral Food, Drug, and Cosmetic Act (21 U.S.C. sistent with the public interest;
SEC. 722. Of the unobligated balances from 353(b)(1)), to be distributed to such professional (2) iron and steel products are not produced in
amounts made available for the supplemental electronically (in lieu of in paper form) unless the United States in sufficient and reasonably
nutrition program as authorized by section 17 of and until a Federal law is enacted to allow or available quantities or of a satisfactory quality;
the Child Nutrition Act of 1966 (42 U.S.C. 1786), require such distribution. or
$1,250,000,000 are hereby rescinded: Provided, SEC. 729. None of the funds made available by (3) inclusion of iron and steel products pro-
That no amounts may be rescinded from this or any other Act may be used to carry out duced in the United States will increase the cost
amounts that were designated by the Congress the final rule promulgated by the Food and of the overall project by more than 25 percent.
as an emergency requirement pursuant to a Drug Administration and put into effect Novem- (c) If the Secretary or the designee receives a
Concurrent Resolution on the Budget or the ber 16, 2015, in regards to the hazard analysis request for a waiver under this section, the Sec-
Balanced Budget and Emergency Deficit Con- and risk-based preventive control requirements retary or the designee shall make available to
trol Act of 1985. of the current good manufacturing practice, the public on an informal basis a copy of the re-
SEC. 723. For the purposes of determining eli- hazard analysis, and risk-based preventive con- quest and information available to the Secretary
gibility or level of program assistance for Rural trols for food for animals rule with respect to or the designee concerning the request, and
Development programs the Secretary shall not the regulation of the production, distribution, shall allow for informal public input on the re-
include incarcerated prison populations. sale, or receipt of dried spent grain byproducts quest for at least 15 days prior to making a find-
SEC. 724. For loans and loan guarantees that of the alcoholic beverage production process. ing based on the request. The Secretary or the
do not require budget authority and the pro- SEC. 730. There is hereby appropriated designee shall make the request and accom-
gram level has been established in this Act, the $11,000,000, to remain available until expended, panying information available by electronic
Secretary of Agriculture may increase the pro- to carry out section 6407 of the Farm Security means, including on the official public Internet
gram level for such loans and loan guarantees and Rural Investment Act of 2002 (7 U.S.C. Web site of the Department.
by not more than 25 percent: Provided, That 8107a): Provided, That the Secretary may allow (d) This section shall be applied in a manner
prior to the Secretary implementing such an in- eligible entities, or comparable entities that pro- consistent with United States obligations under
crease, the Secretary notifies, in writing, the vide energy efficiency services using their own international agreements.
Committees on Appropriations of both Houses of billing mechanism to offer loans to customers in (e) The Secretary may retain up to 0.25 per-
Congress at least 15 days in advance. any part of their service territory and to offer cent of the funds appropriated in this Act for
SEC. 725. None of the credit card refunds or re- loans to replace a manufactured housing unit ‘‘Rural Utilities Service—Rural Water and
bates transferred to the Working Capital Fund with another manufactured housing unit, if re- Waste Disposal Program Account’’ for carrying
pursuant to section 729 of the Agriculture, placement would be more cost effective in saving out the provisions described in subsection (a)(1)
Rural Development, Food and Drug Administra- energy. for management and oversight of the require-
tion, and Related Agencies Appropriations Act, SEC. 731. (a) The Secretary of Agriculture ments of this section.
2002 (7 U.S.C. 2235a; Public Law 107–76) shall be shall— (f) Subsection (a) shall not apply with respect
available for obligation without written notifi- (1) conduct audits in a manner that evaluates to a project for which the engineering plans and
cation to, and the prior approval of, the Com- the following factors in the country or region specifications include use of iron and steel prod-
mittees on Appropriations of both Houses of being audited, as applicable— ucts otherwise prohibited by such subsection if
Congress: Provided, That the refunds or rebates (A) veterinary control and oversight; the plans and specifications have received re-
so transferred shall be available for obligation (B) disease history and vaccination practices; quired approvals from State agencies prior to
only for the acquisition of plant and capital (C) livestock demographics and traceability; the date of enactment of this Act.
equipment necessary for the delivery of finan- (D) epidemiological separation from potential (g) For purposes of this section, the terms
cial, administrative, and information technology sources of infection; ‘‘United States’’ and ‘‘State’’ shall include each
services, including cloud adoption and migra- (E) surveillance practices; of the several States, the District of Columbia,
tion, of primary benefit to the agencies of the (F) diagnostic laboratory capabilities; and and each Federally recognized Indian tribe.
Department of Agriculture. (G) emergency preparedness and response; SEC. 735. None of the funds appropriated by
SEC. 726. None of the funds made available by and this Act may be used in any way, directly or in-
this Act may be used to implement, administer, (2) promptly make publicly available the final directly, to influence congressional action on
or enforce the ‘‘variety’’ requirements of the reports of any audits or reviews conducted pur- any legislation or appropriation matters pend-
final rule entitled ‘‘Enhancing Retailer Stand- suant to subsection (1). ing before Congress, other than to communicate
ards in the Supplemental Nutrition Assistance (b) This section shall be applied in a manner to Members of Congress as described in 18 U.S.C.
Program (SNAP)’’ published by the Department consistent with United States obligations under 1913.
of Agriculture in the Federal Register on Decem- its international trade agreements. SEC. 736. Of the total amounts made available
ber 15, 2016 (81 Fed. Reg. 90675) until the Sec- SEC. 732. None of the funds made available by by this Act for direct loans and grants in section
retary of Agriculture amends the definition of this Act may be used to implement section 3.7(f) 730 and in the following headings: ‘‘Rural Hous-
the term ‘‘variety’’ as de fined in section of the Farm Credit Act of 1971 in a manner in- ing Service—Rural Housing Insurance Fund
278.1(b)(1)(ii)(C) of title 7, Code of Federal Reg- consistent with section 343(a)(13) of the Consoli- Program Account’’; ‘‘Rural Housing Service—
ulations, and ‘‘variety’’ as applied in the defini- dated Farm and Rural Development Act. Mutual and Self-Help Housing Grants’’; ‘‘Rural
tion of the term ‘‘staple food’’ as defined in sec- SEC. 733. None of the funds made available by Housing Service—Rural Housing Assistance
tion 271.2 of title 7, Code of Federal Regulations, this Act may be used to carry out any activities Grants’’; ‘‘Rural Housing Service—Rural Com-
to increase the number of items that qualify as or incur any expense related to the issuance of munity Facilities Program Account’’; ‘‘Rural
acceptable varieties in each staple food category licenses under section 3 of the Animal Welfare Business-Cooperative Service—Rural Business
so that the total number of such items in each Act (7 U.S.C. 2133), or the renewal of such li- Program Account’’; ‘‘Rural Business-Coopera-
staple food category exceeds the number of such censes, to class B dealers who sell dogs and cats tive Service—Rural Economic Development
items in each staple food category included in for use in research, experiments, teaching, or Loans Program Account’’; ‘‘Rural Business-Co-
the final rule as published on December 15, 2016: testing. operative Service—Rural Cooperative Develop-
Provided, That until the Secretary promulgates SEC. 734. (a)(1) No Federal funds made avail- ment Grants’’; ‘‘Rural Utilities Service—Rural
such regulatory amendments, the Secretary able for this fiscal year for the rural water, Water and Waste Disposal Program Account’’;
shall apply the requirements regarding accept- waste water, waste disposal, and solid waste ‘‘Rural Utilities Service—Rural Electrification
able varieties and breadth of stock to Supple- management programs authorized by sections and Telecommunications Loans Program Ac-
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mental Nutrition Assistance Program retailers 306, 306A, 306C, 306D, 306E, and 310B of the count’’; and ‘‘Rural Utilities Service—Distance
that were in effect on the day before the date of Consolidated Farm and Rural Development Act Learning, Telemedicine, and Broadband Pro-
the enactment of the Agricultural Act of 2014 (7 U.S.C. 1926 et seq.) shall be used for a project gram’’, to the maximum extent feasible, at least
(Public Law 113–79). for the construction, alteration, maintenance, or 10 percent of the funds shall be allocated for as-
SEC. 727. In carrying out subsection (h) of sec- repair of a public water or wastewater system sistance in persistent poverty counties under
tion 502 of the Housing Act of 1949 (42 U.S.C. unless all of the iron and steel products used in this section, including, notwithstanding any
1472), the Secretary of Agriculture shall have the project are produced in the United States. other provision regarding population limits, any
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H7335
county seat of such a persistent poverty county of the Agricultural Marketing Act of 1946, or tion Act of 1994 (7 U.S.C. 6923) as amended by
that has a population that does not exceed the section 10114 of the Agriculture Improvement section 12302 of Public Law 115–334.
authorized population limit by more than 10 Act of 2018; or SEC. 755. There is hereby appropriated
percent: Provided, That for purposes of this sec- (2) to prohibit the transportation, processing, $1,000,000, to remain available until September
tion, the term ‘‘persistent poverty counties’’ sale, or use of hemp, or seeds of such plant, that 30, 2022, to carry out section 4208 of Public Law
means any county that has had 20 percent or is grown or cultivated in accordance with sub- 115–334.
more of its population living in poverty over the section section 7606 of the Agricultural Act of SEC. 756. There is hereby appropriated
past 30 years, as measured by the 1990 and 2000 2014 or Subtitle G of the Agricultural Marketing $5,000,000 to carry out section 12301 of Public
decennial censuses, and 2007–2011 American Act of 1946, within or outside the State in which Law 115–334.
Community Survey 5-year average, or any terri- the hemp is grown or cultivated. SEC. 757. There is hereby appropriated
tory or possession of the United States: Provided SEC. 745. Out of amounts appropriated to the $5,000,000 to carry out section 1450 of the Na-
further, That with respect to specific activities Food and Drug Administration under title VI, tional Agricultural Research, Extension, and
for which program levels have been made avail- the Secretary of Health and Human Services, Teaching Policy Act of 1977 (7 U.S.C. 3222e) as
able by this Act that are not supported by budg- acting through the Commissioner of Food and amended by section 7120 of Public Law 115–334.
et authority, the requirements of this section Drugs, shall, not later than September 30, 2021, SEC. 758. There is hereby appropriated
shall be applied to such program level. and following the review required under Execu- $1,000,000 to carry out section 1671 of the Food,
SEC. 737. In addition to any other funds made tive Order No. 12866 (5 U.S.C. 601 note; relating Agriculture, Conservation, and Trade Act of
available in this Act or any other Act, there is to regulatory planning and review), issue advice 1990 (7 U.S.C. 5924) as amended by section 7208
appropriated $12,000,000 to carry out section revising the advice provided in the notice of of Public Law 115–334.
18(g)(8) of the Richard B. Russell National SEC. 759. In response to an eligible community
availability entitled ‘‘Advice About Eating Fish,
School Lunch Act (42 U.S.C. 1769(g)), to remain where the drinking water supplies are inad-
From the Environmental Protection Agency and
available until expended: Provided, That not- equate due to a natural disaster, as determined
Food and Drug Administration; Revised Fish by the Secretary, including drought or severe
withstanding section 18(g)(3)(C) of the Richard Advice; Availability’’ (82 Fed. Reg. 6571 (Janu-
B. Russell National School Lunch Act (42 U.S.C. weather, the Secretary may provide potable
ary 19, 2017)), in a manner that is consistent water through the Emergency Community Water
1769 (g)(3)(c)), the total grant amount provided with nutrition science recognized by the Food
to a farm to school grant recipient in fiscal year Assistance Grant Program for an additional pe-
and Drug Administration on the net effects of riod of time not to exceed 120 days beyond the
2021 shall not exceed $500,000. seafood consumption.
SEC. 738. There is hereby appropriated established period provided under the Program
SEC. 746. There is hereby appropriated in order to protect public health.
$5,000,000, to remain available until September $2,500,000, to remain available until expended,
30, 2022, for the cost of loans and grants that is SEC. 760. There is hereby appropriated
for grants under section 12502 of Public Law $5,000,000 to remain available until September
consistent with section 4206 of the Agricultural 115–334.
Act of 2014, for necessary expenses of the Sec- 30, 2022, to carry out section 4206 of Public Law
SEC. 747. There is hereby appropriated 115–334.
retary to support projects that provide access to $2,000,000 to carry out section 1621 of Public SEC. 761. Funds made available under title II
healthy food in underserved areas, to create and Law 110–246. of the Food for Peace Act (7 U.S.C. 1721 et seq.)
preserve quality jobs, and to revitalize low-in- SEC. 748. There is hereby appropriated may only be used to provide assistance to recipi-
come communities. $3,000,000, to remain available until September
SEC. 739. For an additional amount for ‘‘Ani- ent nations if adequate monitoring and controls,
30, 2022, to carry out section 4003(b) of Public as determined by the Administrator, are in place
mal and Plant Health Inspection Service—Sala- Law 115–334 relating to demonstration projects
ries and Expenses’’, $8,500,000, to remain avail- to ensure that emergency food aid is received by
for Tribal Organizations. the intended beneficiaries in areas affected by
able until September 30, 2022, for one-time con- SEC. 749. In addition to amounts otherwise
trol and management and associated activities food shortages and not diverted for unauthor-
made available by this Act and notwithstanding ized or inappropriate purposes.
directly related to the multiple-agency response the last sentence of 16 U.S.C. 1310, there is ap-
to citrus greening. SEC. 762. Notwithstanding any other provision
propriated $4,000,000, to remain available until of law, ARS facilities as described in the
SEC. 740. None of the funds made available by
expended, to implement non-renewable agree- ‘‘Memorandum of Understanding Between the
this Act may be used to notify a sponsor or oth-
ments on eligible lands, including flooded agri- U.S. Department of Agriculture Animal and
erwise acknowledge receipt of a submission for
cultural lands, as determined by the Secretary, Plant Health Inspection Service (APHIS) and
an exemption for investigational use of a drug
under the Water Bank Act (16 U.S.C. 1301–1311). the U.S. Department of Agriculture Agricultural
or biological product under section 505(i) of the
SEC. 750. The Secretary shall set aside for Research Service (ARS) Concerning Laboratory
Federal Food, Drug, and Cosmetic Act (21
Rural Economic Area Partnership (REAP) Animal Welfare’’ (16–6100–0103–MU Revision 16–
U.S.C. 355(i)) or section 351(a)(3) of the Public
Zones, until August 15, 2021, an amount of 1) shall be inspected by APHIS for compliance
Health Service Act (42 U.S.C. 262(a)(3)) in re-
funds made available in title III under the head- with the Animal Welfare Act and its regulations
search in which a human embryo is inten-
ings of Rural Housing Insurance Fund Program and standards.
tionally created or modified to include a heri-
Account, Mutual and Self-Help Housing Grants, SEC. 763. There is hereby appropriated
table genetic modification. Any such submission
Rural Housing Assistance Grants, Rural Com- $5,000,000, to remain available until expended,
shall be deemed to have not been received by the
munity Facilities Program Account, Rural Busi- to carry out section 2103 of Public Law 115–334:
Secretary, and the exemption may not go into
ness Program Account, Rural Development Provided, That the Secretary shall prioritize the
effect.
SEC. 741. None of the funds made available by Loan Fund Program Account, and Rural Water wetland compliance needs of areas with signifi-
this or any other Act may be used to enforce the and Waste Disposal Program Account, equal to cant numbers of individual wetlands, wetland
final rule promulgated by the Food and Drug the amount obligated in REAP Zones with re- acres, and conservation compliance requests.
Administration entitled ‘‘Standards for the spect to funds provided under such headings in SEC. 764. None of the funds made available by
Growing, Harvesting, Packing, and Holding of the most recent fiscal year any such funds were this Act may be used to procure raw or proc-
Produce for Human Consumption,’’ and pub- obligated under such headings for REAP Zones. essed poultry products imported into the United
lished on November 27, 2015, with respect to the SEC. 751. There is hereby appropriated States from the People’s Republic of China for
regulation of entities that grow, harvest, pack, $1,000,000 to carry out section 3307 of Public use in the school lunch program under the Rich-
or hold wine grapes, hops, pulse crops, or al- Law 115–334. ard B. Russell National School Lunch Act (42
monds. SEC. 752. The Secretary of Agriculture may U.S.C. 1751 et seq.), the Child and Adult Care
SEC. 742. There is hereby appropriated waive the matching funds requirement under Food Program under section 17 of such Act (42
$5,000,000, to remain available until September Section 412(g) of the Agricultural Research, Ex- U.S.C. 1766), the Summer Food Service Program
30, 2022, for a pilot program for the National In- tension, and Education Reform Act of 1998 (7 for Children under section 13 of such Act (42
stitute of Food and Agriculture to provide U.S.C. 7632(g)). U.S.C. 1761), or the school breakfast program
grants to nonprofit organizations for programs SEC. 753. There is hereby appropriated under the Child Nutrition Act of 1966 (42 U.S.C.
and services to establish and enhance farming $2,000,000, to remain available until expended, 1771 et seq.).
and ranching opportunities for military vet- for a pilot program for the Secretary to provide SEC. 765. There is hereby appropriated
erans. grants to qualified non-profit organizations and $1,000,000, for an additional amount for ‘‘De-
SEC. 743. For school years 2020–2021 and 2021– public housing authorities to provide technical partment of Health and Human Services—Food
2022, none of the funds made available by this assistance, including financial and legal serv- and Drug Administration—Salaries and Ex-
Act may be used to implement or enforce the ices, to RHS multi-family housing borrowers to penses’’ to remain available until expended and
matter following the first comma in the second facilitate the acquisition of RHS multi-family in addition to amounts otherwise made available
sentence of footnote (c) of section 220.8(c) of title housing properties in areas where the Secretary for such purposes, for the development of re-
7, Code of Federal Regulations, with respect to determines a risk of loss of affordable housing, search, education, and outreach partnerships
the substitution of vegetables for fruits under by non-profit housing organizations and public with academic institutions to study and promote
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the school breakfast program established under housing authorities as authorized by law that seafood safety.
section 4 of the Child Nutrition Act of 1966 (42 commit to keep such properties in the RHS SEC. 766. There is hereby appropriated
U.S.C. 1773). multi-family housing program for a period of $2,000,000, to remain available until September
SEC. 744. None of the funds made available by time as determined by the Secretary. 30, 2022, for the National Institute of Food and
this Act or any other Act may be used— SEC. 754. There is hereby appropriated Agriculture to issue a competitive grant to sup-
(1) in contravention of section 7606 of the Ag- $7,000,000 to carry out section 222 of Subtitle A port the establishment of an Agriculture Busi-
ricultural Act of 2014 (7 U.S.C. 5940), subtitle G of the Department of Agriculture Reorganiza- ness Innovation Center at a historically black
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H7336 CONGRESSIONAL RECORD — HOUSE December 21, 2020
college or university to serve as a technical as- Law 115–141, shall use $255,000,000 of funds suant to section 403 of the Agricultural Credit
sistance hub to enhance agriculture-based busi- available in this subaccount in fiscal year 2020 Act of 1978 (16 U.S.C. 2203) to provide technical
ness development opportunities. for an additional amount for the same purpose services for such programs pursuant to section
SEC. 767. For school year 2021–2022, only a and under the same terms and conditions as 1252(a)(1) of the Food Security Act of 1985 (16
school food authority that had a negative bal- funds appropriated by section 779 of Public Law U.S.C. 3851(a)(1)), notwithstanding subsection
ance in the nonprofit school food service ac- 115–141, and shall use $104,000,000 of funds (c) of such section.
count as of December 31, 2020, shall be required available in this subaccount in fiscal year 2021 SEC. 787. (a) The Secretary of Health and
to establish a price for paid lunches in accord- for an additional amount for the same purpose Human Services, acting through the Commis-
ance with section 12(p) of the Richard B. Rus- and under the same terms and conditions as sioner of Food and Drugs (Commissioner), shall
sell National School Lunch Act (42 U.S.C. funds appropriated by section 779 of Public Law develop and, if it determines feasible, implement
1760(p)). 115–141.’’: Provided, That any use of such funds a number of options for regulating the export of
SEC. 768. There is hereby appropriated shall be treated as a reprogramming of funds shrimp to the United States from other coun-
$5,000,000 to remain available until September under section 716 of this Act. tries, including the three largest exporting coun-
30, 2022, to carry out section 6424 of Public Law (c) Section 787(b) of division B of Public Law tries by volume to the United States over the last
115–334. 116–94 shall no longer apply. three calendar years, such as sampling of prod-
SEC. 769. In addition to any funds made avail- SEC. 776. There is hereby appropriated ucts prior to export to the United States, in-
able in this Act or any other Act, there is hereby $500,000 to carry out section 224 of Subtitle A of creasing foreign inspections of export facilities,
appropriated $10,000,000, to remain available the Department of Agriculture Reorganization increased seafood importer inspections, foreign
until September 30, 2022, for grants from the Na- Act of 1994 (7 U.S.C. 6924) as amended by sec- surveillance inspections at overseas manufac-
tional Institute of Food and Agriculture to the tion 12504 of Public Law 115–334. turing sites, enhanced import screening, higher
1890 Institutions to support the Centers of Excel- SEC. 777. There is hereby appropriated rates of examination and sampling, use of third-
lence. $400,000 to carry out section 1672(g)(4)(B) of the party audits, and formal seafood arrangements
SEC. 770. There is hereby appropriated Food, Agriculture, Conservation, and Trade Act with foreign competent authorities.
$2,000,000, to remain available until expended, of 1990 (7 U.S.C. 5925(g)(4(B)) as amended by (b) The Commissioner shall especially give pri-
for the Secretary of Agriculture to carry out a section 7209 of Public Law 115–334. ority consideration to the following with the
pilot program that assists rural hospitals to im- SEC. 778. Notwithstanding any other provision funds appropriated—
prove long-term operations and financial health of law, the acceptable market name of any engi- (1) that appropriate controls are applied to
by providing technical assistance through anal- neered animal approved prior to the effective shrimp feed and production ponds, processing
ysis of current hospital management practices. date of the National Bioengineered Food Disclo- plants, and facilities throughout the chain of
SEC. 771. In addition to amounts otherwise sure Standard (February 19, 2019) shall include distribution to determine compliance with sea-
made available by this or any other Act, there is the words ‘‘genetically engineered’’ prior to the food safety requirements;
hereby appropriated $5,000,000, to remain avail- existing acceptable market name. (2) dedicate its inspectional effort to determine
able until expended, to the Secretary for a pilot SEC. 779. For an additional amount for ‘‘Na- compliance with seafood arrangements, once es-
program to provide grants to a regional consor- tional Institute of Food and Agriculture—Re- tablished, from any dedicated funds;
tium to fund technical assistance and construc- search and Education Activities’’, $500,000, to (3) provide an annual report to the Committee
tion of regional wastewater systems for histori- develop a public-private cooperative framework before the end of fiscal years 2021, 2022, and
cally impoverished communities that have had based on open data standards for neutral data 2023 with the reporting requirement goal being
difficulty in installing traditional wastewater repository solutions to preserve and share the to provide the Committee information related to
treatment systems due to soil conditions. big data generated by technological advance- FDA’s oversight of the safety of shrimp products
SEC. 772. The Secretary of Agriculture shall— ments in the agriculture industry and for the imported into the United States.
(1) within 180 days of enactment of this Act preservation and curation of data in collabora- SEC. 788. There is hereby appropriated
publish a notice of proposed rulemaking in the tion with land-grant universities. $1,000,000 to carry out the duties of the working
Federal Register seeking public comments on the SEC. 780. Notwithstanding any other provision group established under section 770 of the Agri-
effects of lifting the stay issued on July 31, 2013 of law, no funds available to the Department of culture, Rural Development, Food and Drug Ad-
(78 Fed. Reg. 46255) with consideration given to Agriculture may be used to move any staff office ministration, and Related Agencies Appropria-
changes in industry and the implementation of or any agency from the mission area in which it tions Act, 2019 (Public Law 116–6; 133 Stat. 89).
certain rulemakings since the publication of the was located on August 1, 2018, to any other mis- SEC. 789. None of the funds made available by
stay; sion area or office within the Department in the this or any other act may be used to restrict the
(2) take public comments on the notice for not absence of the enactment of specific legislation offering of low-fat (1% fat) flavored milk in the
more than 60 days; and affirming such move. National School Lunch Program or School
(3) not later than 180 days after the end of the SEC. 781. There is hereby appropriated Breakfast Program, as long as such milk is not
comment period, publish in the Federal Register $10,000,000, to remain available until expended, inconsistent with the most recent Dietary Guide-
the date upon which the stay is lifted if such ac- for the Secretary of Agriculture to carry out a lines for Americans published under section 301
tion is justified based on the comments received. pilot program to provide financial assistance for of the National Nutrition Monitoring and Re-
SEC. 773. There is hereby appropriated rural communities to further develop renewable lated Research Act of 1990.
$6,000,000, to remain available until September energy. SEC. 790. The Commissioner of the Food and
30, 2022, to carry out section 23 of the Child Nu- SEC. 782. Section 7605(b) of the Agriculture Im- Drug Administration shall develop a plan with-
trition Act of 1966 (42 U.S.C. 1793), of which provement Act of 2018 (7 U.S.C. 5940 note; Public in 180 days of enactment that would allow the
$2,000,000 shall be for grants under such section Law 115–334) is amended by striking ‘‘September Agency to identify, detain and refuse all FDA
to the Commonwealth of Puerto Rico, the Com- 30, 2021’’ and inserting ‘‘January 1, 2022’’. regulated products originating from foreign es-
monwealth of the Northern Mariana Islands, SEC. 783. Section 9(i)(2) of the Food and Nutri- tablishments that did not allow FDA investiga-
the United States Virgin Islands, Guam, and tion Act of 2008 (7 U.S.C. 2018(i)(2)) is amended tors immediate physical access to the registered
American Samoa. by striking ‘‘December 31, 2020’’ and inserting establishment and its records to determine a reg-
SEC. 774. Any funds made available by this or ‘‘December 31, 2021’’. istered establishment’s ongoing compliance with
any other Act that the Secretary withholds pur- SEC. 784. Section 779 of Public Law 115–141 is FDA laws and regulations. Any foreign estab-
suant to section 1668(g)(2) of the Food, Agri- amended by striking ‘‘expansion efforts made’’ lishment that meets these criteria may be placed
culture, Conservation, and Trade Act of 1990 (7 and inserting ‘‘service in a service area’’ in the on import alert. This import alert would be spe-
U.S.C. 5921(g)(2)), as amended, shall be avail- fourth proviso, and by inserting ‘‘, unless such cific for this foreign establishment, focusing on
able for grants for biotechnology risk assessment service area is not provided sufficient access to detaining all products from this establishment.
research: Provided, That the Secretary may broadband at the minimum service threshold’’ SEC. 791. In administering the pilot program
transfer such funds among appropriations of the after ‘‘Rural Utilities Service’’ in the fourth pro- established by section 779 of division A of the
Department of Agriculture for purposes of mak- viso. Consolidated Appropriations Act, 2018 (Public
ing such grants. SEC. 785. In addition to amounts otherwise Law 115–141), the Secretary of Agriculture may,
SEC. 775. (a) There is hereby appropriated provided, there is hereby appropriated for purposes of determining entities eligible to
$531,000,000, to remain available until expended, $1,000,000, to remain available until expended, receive assistance, consider those communities
for an additional amount for section 779 of Pub- to carry out activities authorized under sub- which are ‘‘Areas Rural in Character’’: Pro-
lic Law 115–141. sections (a)(2) and (e)(2) of Section 21 of the vided, That not more than 10 percent of the
(b) Section 313(b) of the Rural Electrification Richard B. Russell National School Lunch Act funds made available by section 775 may be used
Act of 1936, as amended (7 U.S.C. 940c(b)), shall (42 U.S.C. 1769b–1(a)(2) and (e)(2)). for this purpose.
be applied for fiscal year 2021 and each fiscal SEC. 786. The Secretary, acting through the SEC. 792. There is hereby appropriated
year thereafter until the specified funding has Chief of the Natural Resources Conservation $45,861,000 for the Goodfellow Federal facility,
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been expended as if the following were inserted Service, may use funds appropriated under this to remain available until expended, of which
after the final period in subsection (b)(2): ‘‘In Act for the Watershed and Flood Prevention $20,000,000 shall be transferred to and merged
addition, the Secretary shall use $425,000,000 of Operations Program and the Watershed Reha- with the appropriation for ‘‘Office of the Chief
funds available in this subaccount in fiscal year bilitation Program carried out pursuant to the Information Officer’’, $16,046,000 shall be trans-
2019 for an additional amount for the same pur- Watershed Protection and Flood Prevention Act ferred to and merged with the appropriation for
pose and under the same terms and conditions (16 U.S.C. 1001 et seq.), and for the Emergency ‘‘Food Safety and Inspection Service’’, and of
as funds appropriated by section 779 of Public Watershed Protection Program carried out pur- which $9,815,000 shall be transferred to and
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H7337
merged with the appropriation for ‘‘Rural De- the same purposes and under the same condi- lic Law 116–20), as of December 19, 2019, and for
velopment, Salaries and Expenses’’. tions as the funds made available under sub- the purposes specified and under the same au-
SEC. 793. Of the unobligated balances from section (a) of this section. thorities and conditions as in the first, second,
prior year appropriations made available under (c) Not to exceed 2 percent of the funds pro- third, and fourth provisos of subsection (b) of
the heading ‘‘Distance Learning, Telemedicine, vided under this section shall be available for section 791 of division B of Public Law 116–94.
and Broadband Program’’ for the cost of necessary costs of grant administration. (c) The amounts repurposed pursuant to this
broadband loans, as authorized by section 601 of SEC. 798. For an additional amount for ‘‘Na- section that were previously designated by the
the Rural Electrification Act, $12,000,000 are tional Institute of Food and Agriculture—Re- Congress as an emergency requirement pursuant
hereby rescinded. search and Education Activities’’, $300,000, for to section 251(b)(2)(A)(i) of the Balanced Budget
SEC. 794. Funds made available in the Consoli- the Under Secretary for Research, Education, and Emergency Deficit Control Act of 1985 are
dated Appropriations Act, 2016 (Public Law 114– and Economics to convene a blue-ribbon panel designated by the Congress as an emergency re-
113) for the ‘‘Rural Community Facilities Pro- for the purpose of evaluating the overall struc- quirement pursuant to that section of that Act.
gram Account’’ under section 306 of the Consoli- ture of research and education through the pub- SEC. 799D. For necessary expenses for salary
dated Farm and Rural Development Act, 7 lic and land-grant universities, including 1890 and related costs associated with Agriculture
U.S.C. 1926, for the principal amount of direct Institutions, to define a new architecture that Quarantine and Inspection Services activities
loans to eligible approved re-lenders are to re- can better integrate, coordinate, and assess eco- pursuant to 21 U.S.C. 136a(6), and in addition
main available through fiscal year 2026 for the nomic impact of the collective work of these in- to any other funds made available for this pur-
liquidation of valid obligations incurred in fiscal stitutions. pose, there is appropriated, out of any money in
year 2016. SEC. 799. For an additional amount for ‘‘Na- the Treasury not otherwise appropriated,
SEC. 795. None of the funds made available by tional Institute of Food and Agriculture—Re- $635,000,000, to remain available until September
this Act may be used to pay the salaries or ex- search and Education Activities’’, $4,000,000, to 30, 2022, to offset the loss resulting from the
penses of personnel— remain available until September 30, 2022, for a coronavirus pandemic of quarantine and inspec-
(1) to inspect horses under section 3 of the competitive grant to an institution in the land- tion fees collected pursuant to sections 2508 and
Federal Meat Inspection Act (21 U.S.C. 603); grant university system to establish a Farm of 2509 of the Food, Agriculture, Conservation, and
(2) to inspect horses under section 903 of the the Future testbed and demonstration site. Trade Act of 1990 (21 U.S.C. 136, 136a): Pro-
Federal Agriculture Improvement and Reform SEC. 799A. There is hereby appropriated vided, That amounts made available in this sec-
Act of 1996 (7 U.S.C. 1901 note; Public Law 104– $22,000,000, to remain available until expended, tion shall be treated as funds collected by fees
127); or to carry out section 12513 of Public Law 115–334: authorized under sections 2508 and 2509 of the
(3) to implement or enforce section 352.19 of Provided, That of the amounts made available, Food, Agriculture, Conservation, and Trade Act
title 9, Code of Federal Regulations (or a suc- $20,000,000 shall be for established dairy busi- of 1990 (21 U.S.C. 136, 136a) for purposes of sec-
cessor regulation). ness innovation initiatives and the Secretary tion 421(f) of the Homeland Security Act of 2002
SEC. 796. Not later than 1 year after the date shall take measures to ensure an equal distribu- (6 U.S.C. 231(f)): Provided further, That such
of enactment of this Act, the National Academy tion of funds between the three regional innova- amount is designated by the Congress as being
of Sciences, Engineering, and Medicine shall tion initiatives. for an emergency requirement pursuant to sec-
complete a review and provide a report to the SEC. 799B. None of the funds appropriated or
tion 251(b)(2)(A)(i) of the Balanced Budget and
Secretary of Agriculture, the Secretary of otherwise made available by this Act shall be
Emergency Deficit Control Act of 1985.
Health and Human Services, and the Congress, available for the United States Department of
This division may be cited as the ‘‘Agri-
on the most recent edition of the dietary guide- Agriculture to propose, finalize or implement
culture, Rural Development, Food and Drug Ad-
lines for Americans that includes the following: any regulation that would promulgate new user
ministration, and Related Agencies Appropria-
(1) A comparative analysis of the scientific fees pursuant to 31 U.S.C. 9701 after the date of
tions Act, 2021’’.
methodologies, review protocols, and evaluation the enactment of this Act.
processes used to develop the most recently SEC. 799C. (a) Any remaining unobligated bal- DIVISION B—COMMERCE, JUSTICE,
issued guidelines as compared to recommenda- ances of funds made available under the head- SCIENCE, AND RELATED AGENCIES AP-
tions included in the National Academy of ing ‘‘Department of Agriculture—Agricultural PROPRIATIONS ACT, 2021
Sciences, Engineering, and Medicine September Programs—Processing, Research and Mar- TITLE I
2017 report entitled ‘‘Redesigning the Process for keting—Office of the Secretary’’ in subsections DEPARTMENT OF COMMERCE
Establishing the Dietary Guidelines for Ameri- (b) and (d) of section 791 of division B of the
INTERNATIONAL TRADE ADMINISTRATION
cans’’. Further Consolidated Appropriations Act, 2020
Public Law 116–94 for block grants to eligible OPERATIONS AND ADMINISTRATION
(2) A comparative analysis of the scientific
studies used to develop such guidelines to deter- states and territories pursuant to the first pro- For necessary expenses for international trade
mine the dietary needs of Americans with diet- viso under the heading ‘‘Department of Agri- activities of the Department of Commerce pro-
related metabolic diseases as compared to the culture—Agricultural Programs—Processing, vided for by law, to carry out activities associ-
most current and rigorous scientific studies on Research and Marketing—Office of the Sec- ated with facilitating, attracting, and retaining
diet and diet-related metabolic diseases avail- retary’’ in the Additional Supplemental Appro- business investment in the United States, and
able. priations for Disaster Relief Act of 2019 Public for engaging in trade promotional activities
(3) An analysis of how full implementation of Law 116–20, as amended by subsection (c) of sec- abroad, including expenses of grants and coop-
the recommendations described in paragraph (1) tion 791 of division B Public Law 116–94, may be erative agreements for the purpose of promoting
would have affected the most recently issued made available for any of the other purposes exports of United States firms, without regard to
guidelines. and under the same authorities and conditions sections 3702 and 3703 of title 44, United States
SEC. 797. (a) There is hereby appropriated for those purposes as the funds made available Code; full medical coverage for dependent mem-
$3,000,000, to remain available until expended, under such heading in such Act, and for the bers of immediate families of employees sta-
for a pilot program for the Animal and Plant purposes specified and under the same authori- tioned overseas and employees temporarily post-
Health Inspection Service to provide grants to ties and conditions as in the first, second, third, ed overseas; travel and transportation of em-
State departments of agriculture and forestry and fourth provisos of subsection (b) of section ployees of the International Trade Administra-
commissions in states identified in the final en- 791 of division B of Public Law 116–94: Pro- tion between two points abroad, without regard
vironmental assessment published in the Federal vided, That this section shall not be effective be- to section 40118 of title 49, United States Code;
Register on September 23, 2020 (85 Fed. Reg. fore the award of the block grants that were an- employment of citizens of the United States and
59735), to combat and treat cogongrass through nounced prior to the date of enactment of this aliens by contract for services; rental of space
established cogongrass control programs. Act: Provided further, That any block grant abroad for periods not exceeding 10 years, and
(b) Any remaining unobligated balances of amounts that were announced prior to the date expenses of alteration, repair, or improvement;
funds made available for field crop and range- of enactment of this Act and are subsequently purchase or construction of temporary demount-
land ecosystem pests under the heading ‘‘Ani- awarded shall not be returned to the Farm Serv- able exhibition structures for use abroad; pay-
mal and Plant Health Inspection Service—Sala- ice Agency until the date specified in the grant ment of tort claims, in the manner authorized in
ries and Expenses’’, in the Consolidated Appro- agreement. the first paragraph of section 2672 of title 28,
priations Act, 2019 (Public Law 116–6) and the (b) Of the remaining unobligated balances of United States Code, when such claims arise in
Further Consolidated Appropriations Act, 2020 funds made available under the heading ‘‘De- foreign countries; not to exceed $294,300 for offi-
(Public Law 116–94), and specifically provided partment of Agriculture—Agricultural Pro- cial representation expenses abroad; purchase of
as funds for APHIS to partner with states in the grams—Processing, Research and Marketing— passenger motor vehicles for official use abroad,
control and eradication of the cogongrass weed Office of the Secretary’’ in the Coronavirus Aid, not to exceed $45,000 per vehicle; obtaining in-
in the conference report accompanying Public Relief, and Economic Security Act (Public Law surance on official motor vehicles; and rental of
Law 116–6 and in the explanatory statement de- 116–136), $1,000,000,000 shall be made available tie lines, $541,000,000, of which $70,000,000 shall
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scribed in section 4 in the matter preceding divi- for the same purposes and under the same au- remain available until September 30, 2022: Pro-
sion A of Public Law 116–94, are hereby perma- thorities and conditions as the funds made vided, That $11,000,000 is to be derived from fees
nently rescinded, and an amount of additional available under the heading ‘‘Department of to be retained and used by the International
new budget authority equivalent to the amount Agriculture—Agricultural Programs—Proc- Trade Administration, notwithstanding section
rescinded is hereby appropriated, to remain essing, Research and Marketing—Office of the 3302 of title 31, United States Code: Provided
available until expended in addition to other Secretary’’ in the Additional Supplemental Ap- further, That, of amounts provided under this
funds as may be available for such purposes, for propriations for Disaster Relief Act of 2019 (Pub- heading, not less than $16,400,000 shall be for
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H7338 CONGRESSIONAL RECORD — HOUSE December 21, 2020
China antidumping and countervailing duty en- amended; and the Community Emergency $3,695,295,000, to remain available until ex-
forcement and compliance activities: Provided Drought Relief Act of 1977. pended: Provided, That the sum herein appro-
further, That the provisions of the first sentence MINORITY BUSINESS DEVELOPMENT AGENCY priated from the general fund shall be reduced
of section 105(f) and all of section 108(c) of the as offsetting collections of fees and surcharges
MINORITY BUSINESS DEVELOPMENT
Mutual Educational and Cultural Exchange Act assessed and collected by the USPTO under any
of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall For necessary expenses of the Department of
law are received during fiscal year 2021, so as to
apply in carrying out these activities; and that Commerce in fostering, promoting, and devel-
result in a fiscal year 2021 appropriation from
for the purpose of this Act, contributions under oping minority business enterprises, including
expenses of grants, contracts, and other agree- the general fund estimated at $0: Provided fur-
the provisions of the Mutual Educational and ther, That during fiscal year 2021, should the
Cultural Exchange Act of 1961 shall include ments with public or private organizations,
$48,000,000, of which not more than $16,000,000 total amount of such offsetting collections be
payment for assessments for services provided as
shall be available for overhead expenses, includ- less than $3,695,295,000, this amount shall be re-
part of these activities.
ing salaries and expenses, rent, utilities, and in- duced accordingly: Provided further, That any
BUREAU OF INDUSTRY AND SECURITY amount received in excess of $3,695,295,000 in fis-
formation technology services.
OPERATIONS AND ADMINISTRATION cal year 2021 and deposited in the Patent and
ECONOMIC AND STATISTICAL ANALYSIS
For necessary expenses for export administra- Trademark Fee Reserve Fund shall remain
tion and national security activities of the De- SALARIES AND EXPENSES
available until expended: Provided further,
partment of Commerce, including costs associ- For necessary expenses, as authorized by law, That the Director of USPTO shall submit a
ated with the performance of export administra- of economic and statistical analysis programs of spending plan to the Committees on Appropria-
tion field activities both domestically and the Department of Commerce, $111,855,000, to re- tions of the House of Representatives and the
abroad; full medical coverage for dependent main available until September 30, 2022. Senate for any amounts made available by the
members of immediate families of employees sta- BUREAU OF THE CENSUS preceding proviso and such spending plan shall
tioned overseas; employment of citizens of the
CURRENT SURVEYS AND PROGRAMS be treated as a reprogramming under section 505
United States and aliens by contract for services
For necessary expenses for collecting, com- of this Act and shall not be available for obliga-
abroad; payment of tort claims, in the manner
piling, analyzing, preparing, and publishing tion or expenditure except in compliance with
authorized in the first paragraph of section 2672
of title 28, United States Code, when such claims statistics, provided for by law, $288,403,000: Pro- the procedures set forth in that section: Pro-
arise in foreign countries; not to exceed $13,500 vided, That, from amounts provided herein, vided further, That any amounts reprogrammed
for official representation expenses abroad; funds may be used for promotion, outreach, and in accordance with the preceding proviso shall
awards of compensation to informers under the marketing activities. be transferred to the United States Patent and
Export Control Reform Act of 2018 (subtitle B of PERIODIC CENSUSES AND PROGRAMS Trademark Office ‘‘Salaries and Expenses’’ ac-
title XVII of the John S. McCain National De- count: Provided further, That the budget of the
(INCLUDING TRANSFER OF FUNDS)
fense Authorization Act for Fiscal Year 2019; President submitted for fiscal year 2022 under
For necessary expenses for collecting, com- section 1105 of title 31, United States Code, shall
Public Law 115–232; 132 Stat. 2208; 50 U.S.C.
piling, analyzing, preparing, and publishing include within amounts provided under this
4801 et seq.), and as authorized by section 1(b)
statistics for periodic censuses and programs heading for necessary expenses of the USPTO
of the Act of June 15, 1917 (40 Stat. 223; 22
provided for by law, $818,241,000, to remain any increases that are expected to result from
U.S.C. 401(b)); and purchase of passenger motor
available until September 30, 2022: Provided,
vehicles for official use and motor vehicles for an increase promulgated through rule or regula-
That, from amounts provided herein, funds may
law enforcement use with special requirement tion in offsetting collections of fees and sur-
be used for promotion, outreach, and marketing
vehicles eligible for purchase without regard to charges assessed and collected by the USPTO
activities: Provided further, That within the
any price limitation otherwise established by under any law in either fiscal year 2021 or fiscal
amounts appropriated, $3,556,000 shall be trans-
law, $133,000,000, to remain available until ex- year 2022: Provided further, That from amounts
ferred to the ‘‘Office of Inspector General’’ ac-
pended: Provided, That the provisions of the provided herein, not to exceed $13,500 shall be
count for activities associated with carrying out
first sentence of section 105(f) and all of section made available in fiscal year 2021 for official re-
investigations and audits related to the Bureau
108(c) of the Mutual Educational and Cultural ception and representation expenses: Provided
of the Census.
Exchange Act of 1961 (22 U.S.C. 2455(f) and further, That in fiscal year 2021 from the
2458(c)) shall apply in carrying out these activi- NATIONAL TELECOMMUNICATIONS AND
amounts made available for ‘‘Salaries and Ex-
ties: Provided further, That payments and con- INFORMATION ADMINISTRATION
penses’’ for the USPTO, the amounts necessary
tributions collected and accepted for materials SALARIES AND EXPENSES to pay (1) the difference between the percentage
or services provided as part of such activities For necessary expenses, as provided for by of basic pay contributed by the USPTO and em-
may be retained for use in covering the cost of law, of the National Telecommunications and ployees under section 8334(a) of title 5, United
such activities, and for providing information to Information Administration (NTIA), $45,500,000, States Code, and the normal cost percentage (as
the public with respect to the export administra- to remain available until September 30, 2022: defined by section 8331(17) of that title) as pro-
tion and national security activities of the De- Provided, That, notwithstanding 31 U.S.C.
partment of Commerce and other export control vided by the Office of Personnel Management
1535(d), the Secretary of Commerce shall charge (OPM) for USPTO’s specific use, of basic pay,
programs of the United States and other govern- Federal agencies for costs incurred in spectrum
ments. of employees subject to subchapter III of chapter
management, analysis, operations, and related 83 of that title, and (2) the present value of the
ECONOMIC DEVELOPMENT ADMINISTRATION services, and such fees shall be retained and
otherwise unfunded accruing costs, as deter-
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS used as offsetting collections for costs of such
mined by OPM for USPTO’s specific use of post-
For grants for economic development assist- spectrum services, to remain available until ex-
retirement life insurance and post-retirement
ance as provided by the Public Works and Eco- pended: Provided further, That the Secretary of
health benefits coverage for all USPTO employ-
nomic Development Act of 1965, for trade adjust- Commerce is authorized to retain and use as off-
setting collections all funds transferred, or pre- ees who are enrolled in Federal Employees
ment assistance, and for grants authorized by
viously transferred, from other Government Health Benefits (FEHB) and Federal Employees
sections 27 and 28 of the Stevenson-Wydler
agencies for all costs incurred in telecommuni- Group Life Insurance (FEGLI), shall be trans-
Technology Innovation Act of 1980 (15 U.S.C.
cations research, engineering, and related ac- ferred to the Civil Service Retirement and Dis-
3722 and 3723), as amended, $305,500,000 to re-
main available until expended, of which tivities by the Institute for Telecommunication ability Fund, the FEGLI Fund, and the Em-
$38,000,000 shall be for grants under such sec- Sciences of NTIA, in furtherance of its assigned ployees FEHB Fund, as appropriate, and shall
tion 27 and $2,000,000 shall be for grants under functions under this paragraph, and such funds be available for the authorized purposes of those
such section 28: Provided, That any deviation received from other Government agencies shall accounts: Provided further, That any dif-
from the amounts designated for specific activi- remain available until expended. ferences between the present value factors pub-
ties in the explanatory statement described in PUBLIC TELECOMMUNICATIONS FACILITIES, lished in OPM’s yearly 300 series benefit letters
section 4 (in the matter preceding division A of PLANNING AND CONSTRUCTION and the factors that OPM provides for USPTO’s
this consolidated Act), or any use of deobligated specific use shall be recognized as an imputed
For the administration of prior-year grants,
balances of funds provided under this heading cost on USPTO’s financial statements, where
recoveries and unobligated balances of funds
in previous years, shall be subject to the proce- previously appropriated are available for the applicable: Provided further, That, notwith-
dures set forth in section 505 of this Act. administration of all open grants until their ex- standing any other provision of law, all fees
SALARIES AND EXPENSES piration. and surcharges assessed and collected by
For necessary expenses of administering the USPTO are available for USPTO only pursuant
UNITED STATES PATENT AND TRADEMARK OFFICE
economic development assistance programs as to section 42(c) of title 35, United States Code, as
SALARIES AND EXPENSES amended by section 22 of the Leahy-Smith
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provided for by law, $40,500,000: Provided, That
funds provided under this heading may be used (INCLUDING TRANSFERS OF FUNDS) America Invents Act (Public Law 112–29): Pro-
to monitor projects approved pursuant to title I For necessary expenses of the United States vided further, That within the amounts appro-
of the Public Works Employment Act of 1976; Patent and Trademark Office (USPTO) provided priated, $2,000,000 shall be transferred to the
title II of the Trade Act of 1974; sections 27 and for by law, including defense of suits instituted ‘‘Office of Inspector General’’ account for ac-
28 of the Stevenson-Wydler Technology Innova- against the Under Secretary of Commerce for In- tivities associated with carrying out investiga-
tion Act of 1980 (15 U.S.C. 3722 and 3723), as tellectual Property and Director of the USPTO, tions and audits related to the USPTO.
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H7339
NATIONAL INSTITUTE OF STANDARDS AND from recoveries of prior year obligations: Pro- FISHERMEN’S CONTINGENCY FUND
TECHNOLOGY vided further, That any deviation from the For carrying out the provisions of title IV of
SCIENTIFIC AND TECHNICAL RESEARCH AND amounts designated for specific activities in the Public Law 95–372, not to exceed $349,000, to be
SERVICES explanatory statement described in section 4 (in derived from receipts collected pursuant to that
(INCLUDING TRANSFER OF FUNDS)
the matter preceding division A of this consoli- Act, to remain available until expended.
dated Act), or any use of deobligated balances FISHERIES FINANCE PROGRAM ACCOUNT
For necessary expenses of the National Insti- of funds provided under this heading in pre-
tute of Standards and Technology (NIST), vious years, shall be subject to the procedures Subject to section 502 of the Congressional
$788,000,000, to remain available until expended, set forth in section 505 of this Act: Provided fur- Budget Act of 1974, during fiscal year 2021, obli-
of which not to exceed $9,000,000 may be trans- ther, That in addition, for necessary retired pay gations of direct loans may not exceed
ferred to the ‘‘Working Capital Fund’’: Pro- expenses under the Retired Serviceman’s Family $24,000,000 for Individual Fishing Quota loans
vided, That not to exceed $5,000 shall be for offi- Protection and Survivor Benefits Plan, and for and not to exceed $100,000,000 for traditional di-
cial reception and representation expenses: Pro- payments for the medical care of retired per- rect loans as authorized by the Merchant Ma-
vided further, That NIST may provide local sonnel and their dependents under the Depend- rine Act of 1936.
transportation for summer undergraduate re- ents’ Medical Care Act (10 U.S.C. ch. 55), such DEPARTMENTAL MANAGEMENT
search fellowship program participants. sums as may be necessary. SALARIES AND EXPENSES
INDUSTRIAL TECHNOLOGY SERVICES
PROCUREMENT, ACQUISITION AND CONSTRUCTION For necessary expenses for the management of
For necessary expenses for industrial tech- the Department of Commerce provided for by
nology services, $166,500,000, to remain available (INCLUDING TRANSFER OF FUNDS)
law, including not to exceed $4,500 for official
until expended, of which $150,000,000 shall be For procurement, acquisition and construction reception and representation, $73,000,000: Pro-
for the Hollings Manufacturing Extension Part- of capital assets, including alteration and modi- vided, That no employee of the Department of
nership, and of which $16,500,000 shall be for fication costs, of the National Oceanic and At- Commerce may be detailed or assigned from a
the Manufacturing USA Program (formerly mospheric Administration, $1,532,558,000, to re- bureau or office funded by this Act or any other
known as the National Network for Manufac- main available until September 30, 2023, except Act to offices within the Office of the Secretary
turing Innovation). that funds provided for acquisition and con- of the Department of Commerce for more than 90
CONSTRUCTION OF RESEARCH FACILITIES struction of vessels and aircraft, and construc- days in a fiscal year unless the individual’s em-
For construction of new research facilities, in- tion of facilities shall remain available until ex- ploying bureau or office is fully reimbursed for
cluding architectural and engineering design, pended: Provided, That of the $1,545,558,000 pro- the salary and expenses of the employee for the
and for renovation and maintenance of existing vided for in direct obligations under this head- entire period of assignment using funds pro-
facilities, not otherwise provided for the Na- ing, $1,532,558,000 is appropriated from the gen- vided under this heading. Provided further,
tional Institute of Standards and Technology, eral fund and $13,000,000 is provided from recov- That amounts made available to the Department
as authorized by sections 13 through 15 of the eries of prior year obligations: Provided further, of Commerce in this or any prior Act may not be
National Institute of Standards and Technology That any deviation from the amounts des- transferred pursuant to section 508 of this or
Act (15 U.S.C. 278c–278e), $80,000,000, to remain ignated for specific activities in the explanatory any prior Act to the account funded under this
available until expended: Provided, That the statement described in section 4 (in the matter heading, except in the case of extraordinary cir-
Secretary of Commerce shall include in the preceding division A of this consolidated Act), cumstances that threaten life or property.
budget justification materials for fiscal year 2022 or any use of deobligated balances of funds pro- RENOVATION AND MODERNIZATION
that the Secretary submits to Congress in sup- vided under this heading in previous years, For necessary expenses for the renovation and
port of the Department of Commerce budget (as shall be subject to the procedures set forth in modernization of the Herbert C. Hoover Build-
submitted with the budget of the President section 505 of this Act: Provided further, That ing, $1,123,000.
under section 1105(a) of title 31, United States the Secretary of Commerce shall include in
NONRECURRING EXPENSES FUND
Code) an estimate for each National Institute of budget justification materials for fiscal year 2022
Standards and Technology construction project that the Secretary submits to Congress in sup- For necessary expenses for a business applica-
having a total multi-year program cost of more port of the Department of Commerce budget (as tion system modernization, $20,000,000, to re-
than $5,000,000, and simultaneously the budget submitted with the budget of the President main available until September 30, 2023: Pro-
justification materials shall include an estimate under section 1105(a) of title 31, United States vided, That any unobligated balances of expired
of the budgetary requirements for each such Code) an estimate for each National Oceanic discretionary funds transferred to the Depart-
project for each of the 5 subsequent fiscal years. and Atmospheric Administration procurement, ment of Commerce Nonrecurring Expenses Fund,
acquisition or construction project having a as authorized by section 111 of title I of division
NATIONAL OCEANIC AND ATMOSPHERIC
total of more than $5,000,000 and simultaneously B of Public Law 116ƒ93, may be obligated only
ADMINISTRATION
the budget justification shall include an esti- after the Committees on Appropriations of the
OPERATIONS, RESEARCH, AND FACILITIES House of Representatives and the Senate are no-
mate of the budgetary requirements for each
(INCLUDING TRANSFER OF FUNDS) such project for each of the 5 subsequent fiscal tified at least 15 days in advance of the planned
For necessary expenses of activities author- years: Provided further, That, within the use of funds.
ized by law for the National Oceanic and At- amounts appropriated, $2,000,000 shall be trans- OFFICE OF INSPECTOR GENERAL
mospheric Administration, including mainte- ferred to the ‘‘Office of Inspector General’’ ac- For necessary expenses of the Office of In-
nance, operation, and hire of aircraft and ves- count for activities associated with carrying out spector General in carrying out the provisions of
sels; pilot programs for State-led fisheries man- investigations and audits related to satellite pro- the Inspector General Act of 1978 (5 U.S.C.
agement, notwithstanding any other provision curement, acquisition and construction. App.), $34,000,000: Provided, That notwith-
of law; grants, contracts, or other payments to standing section 6413 of the Middle Class Tax
PACIFIC COASTAL SALMON RECOVERY
nonprofit organizations for the purposes of con- Relief and Job Creation Act of 2012 (Public Law
ducting activities pursuant to cooperative agree- For necessary expenses associated with the 112–96), an additional $2,000,000, to remain
ments; and relocation of facilities, $3,840,300,000, restoration of Pacific salmon populations, available until expended, shall be derived from
to remain available until September 30, 2022: $65,000,000, to remain available until September the Public Safety Trust Fund for activities asso-
Provided, That fees and donations received by 30, 2022: Provided, That, of the funds provided ciated with carrying out investigations and au-
the National Ocean Service for the management herein, the Secretary of Commerce may issue dits related to the First Responder Network Au-
of national marine sanctuaries may be retained grants to the States of Washington, Oregon, thority (FirstNet).
and used for the salaries and expenses associ- Idaho, Nevada, California, and Alaska, and to
ated with those activities, notwithstanding sec- the federally recognized Tribes of the Columbia GENERAL PROVISIONS—DEPARTMENT OF
tion 3302 of title 31, United States Code: Pro- River and Pacific Coast (including Alaska), for COMMERCE
vided further, That in addition, $246,171,000 projects necessary for conservation of salmon (INCLUDING TRANSFER OF FUNDS)
shall be derived by transfer from the fund enti- and steelhead populations that are listed as SEC. 101. During the current fiscal year, appli-
tled ‘‘Promote and Develop Fishery Products threatened or endangered, or that are identified cable appropriations and funds made available
and Research Pertaining to American Fish- by a State as at-risk to be so listed, for main- to the Department of Commerce by this Act shall
eries’’, which shall only be used for fishery ac- taining populations necessary for exercise of be available for the activities specified in the
tivities related to the Saltonstall-Kennedy Grant Tribal treaty fishing rights or native subsistence Act of October 26, 1949 (15 U.S.C. 1514), to the
Program; Fisheries Data Collections, Surveys, fishing, or for conservation of Pacific coastal extent and in the manner prescribed by the Act,
and Assessments; Fisheries Management Pro- salmon and steelhead habitat, based on guide- and, notwithstanding 31 U.S.C. 3324, may be
grams and Services; and Interjurisdictional lines to be developed by the Secretary of Com- used for advanced payments not otherwise au-
Fisheries Grants: Provided further, That not to merce: Provided further, That all funds shall be thorized only upon the certification of officials
ctelli on DSK11ZRN23PROD with HOUSE
exceed $66,389,000 shall be for payment to the allocated based on scientific and other merit designated by the Secretary of Commerce that
‘‘Department of Commerce Working Capital principles and shall not be available for mar- such payments are in the public interest.
Fund’’: Provided further, That of the keting activities: Provided further, That funds SEC. 102. During the current fiscal year, ap-
$4,103,971,000 provided for in direct obligations disbursed to States shall be subject to a match- propriations made available to the Department
under this heading, $3,840,300,000 is appro- ing requirement of funds or documented in-kind of Commerce by this Act for salaries and ex-
priated from the general fund, $246,171,000 is contributions of at least 33 percent of the Fed- penses shall be available for hire of passenger
provided by transfer, and $17,500,000 is derived eral funds. motor vehicles as authorized by 31 U.S.C. 1343
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H7340 CONGRESSIONAL RECORD — HOUSE December 21, 2020
and 1344; services as authorized by 5 U.S.C. ering the Service’s cost of processing, reproduc- TITLE II
3109; and uniforms or allowances therefor, as ing, and delivering such report or document. DEPARTMENT OF JUSTICE
authorized by law (5 U.S.C. 5901–5902). SEC. 109. To carry out the responsibilities of GENERAL ADMINISTRATION
SEC. 103. Not to exceed 5 percent of any ap- the National Oceanic and Atmospheric Adminis-
propriation made available for the current fiscal SALARIES AND EXPENSES
tration (NOAA), the Administrator of NOAA is
year for the Department of Commerce in this Act authorized to: (1) enter into grants and coopera- For expenses necessary for the administration
may be transferred between such appropria- tive agreements with; (2) use on a non-reimburs- of the Department of Justice, $119,000,000, of
tions, but no such appropriation shall be in- able basis land, services, equipment, personnel, which not to exceed $4,000,000 for security and
creased by more than 10 percent by any such and facilities provided by; and (3) receive and construction of Department of Justice facilities
transfers: Provided, That any transfer pursuant expend funds made available on a consensual shall remain available until expended.
to this section shall be treated as a reprogram- basis from: a Federal agency, State or subdivi- JUSTICE INFORMATION SHARING TECHNOLOGY
ming of funds under section 505 of this Act and
sion thereof, local government, Tribal govern- (INCLUDING TRANSFER OF FUNDS)
shall not be available for obligation or expendi-
ment, Territory, or possession or any subdivi- For necessary expenses for information shar-
ture except in compliance with the procedures
sions thereof: Provided, That funds received for ing technology, including planning, develop-
set forth in that section: Provided further, That
permitting and related regulatory activities pur- ment, deployment and departmental direction,
the Secretary of Commerce shall notify the Com-
suant to this section shall be deposited under $34,000,000, to remain available until expended:
mittees on Appropriations at least 15 days in ad-
the heading ‘‘National Oceanic and Atmos- Provided, That the Attorney General may trans-
vance of the acquisition or disposal of any cap-
pheric Administration—Operations, Research, fer up to $40,000,000 to this account, from funds
ital asset (including land, structures, and equip-
and Facilities’’ and shall remain available until available to the Department of Justice for infor-
ment) not specifically provided for in this Act or
September 30, 2022, for such purposes: Provided mation technology, to remain available until ex-
any other law appropriating funds for the De-
further, That all funds within this section and pended, for enterprise-wide information tech-
partment of Commerce.
SEC. 104. The requirements set forth by section their corresponding uses are subject to section nology initiatives: Provided further, That the
105 of the Commerce, Justice, Science, and Re- 505 of this Act. transfer authority in the preceding proviso is in
lated Agencies Appropriations Act, 2012 (Public SEC. 110. Amounts provided by this Act or by addition to any other transfer authority con-
Law 112–55), as amended by section 105 of title any prior appropriations Act that remain avail- tained in this Act: Provided further, That any
I of division B of Public Law 113–6, are hereby able for obligation, for necessary expenses of the transfer pursuant to the first proviso shall be
adopted by reference and made applicable with programs of the Economics and Statistics Ad- treated as a reprogramming under section 505 of
respect to fiscal year 2021: Provided, That the ministration of the Department of Commerce, in- this Act and shall not be available for obligation
life cycle cost for the Joint Polar Satellite Sys- cluding amounts provided for programs of the or expenditure except in compliance with the
tem is $11,322,125,000, the life cycle cost of the Bureau of Economic Analysis and the Bureau of procedures set forth in that section.
Polar Follow On Program is $6,837,900,000, the the Census, shall be available for expenses of co- EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
life cycle cost for the Geostationary Operational operative agreements with appropriate entities,
(INCLUDING TRANSFER OF FUNDS)
Environmental Satellite R-Series Program is including any Federal, State, or local govern-
$11,700,100,000, and the life cycle cost for the mental unit, or institution of higher education, For expenses necessary for the administration
Space Weather Follow On Program is to aid and promote statistical, research, and of immigration-related activities of the Executive
$692,800,000. methodology activities which further the pur- Office for Immigration Review, $734,000,000, of
SEC. 105. Notwithstanding any other provision poses for which such amounts have been made which $4,000,000 shall be derived by transfer
of law, the Secretary of Commerce may furnish available. from the Executive Office for Immigration Re-
services (including but not limited to utilities, SEC. 111. Amounts provided by this Act for the view fees deposited in the ‘‘Immigration Exami-
telecommunications, and security services) nec- Hollings Manufacturing Extension Partnership nations Fee’’ account, and of which not less
essary to support the operation, maintenance, under the heading ‘‘National Institute of Stand- than $22,500,000 shall be available for services
and improvement of space that persons, firms, or ards and Technology—Industrial Technology and activities provided by the Legal Orientation
organizations are authorized, pursuant to the Services’’ shall not be subject to cost share re- Program: Provided, That not to exceed
Public Buildings Cooperative Use Act of 1976 or quirements under 15 U.S.C. 278k(e)(2): Provided, $35,000,000 of the total amount made available
other authority, to use or occupy in the Herbert That the authority made available pursuant to under this heading shall remain available until
C. Hoover Building, Washington, DC, or other this section shall be elective for any Manufac- expended.
buildings, the maintenance, operation, and pro- turing Extension Partnership Center that also OFFICE OF INSPECTOR GENERAL
tection of which has been delegated to the Sec- receives funding from a State that is conditioned For necessary expenses of the Office of In-
retary from the Administrator of General Serv- upon the application of a Federal cost sharing spector General, $110,565,000, including not to
ices pursuant to the Federal Property and Ad- requirement. exceed $10,000 to meet unforeseen emergencies of
ministrative Services Act of 1949 on a reimburs- SEC. 112. The Secretary of Commerce, or the a confidential character: Provided, That not to
able or non-reimbursable basis. Amounts re- designee of the Secretary, may waive the match- exceed $4,000,000 shall remain available until
ceived as reimbursement for services provided ing requirements under sections 306 and 306A, September 30, 2022.
under this section or the authority under which and the cost sharing requirements under section UNITED STATES PAROLE COMMISSION
the use or occupancy of the space is authorized, 315, of the Coastal Zone Management Act of SALARIES AND EXPENSES
up to $200,000, shall be credited to the appro- 1972 (16 U.S.C. 1455, 1455a, and 1461) as nec-
priation or fund which initially bears the costs For necessary expenses of the United States
essary for amounts made available under this
of such services. Parole Commission as authorized, $13,539,000:
Act under the heading ‘‘Operations, Research,
SEC. 106. Nothing in this title shall be con- Provided, That, notwithstanding any other pro-
and Facilities’’ under the heading ‘‘National
strued to prevent a grant recipient from deter- vision of law, upon the expiration of a term of
Oceanic and Atmospheric Administration’’.
ring child pornography, copyright infringement, office of a Commissioner, the Commissioner may
or any other unlawful activity over its net- SEC. 113. Of unobligated balances of amounts continue to act until a successor has been ap-
works. provided to the Bureau of the Census under this pointed.
SEC. 107. The Administrator of the National or any prior appropriations Act, up to
LEGAL ACTIVITIES
Oceanic and Atmospheric Administration is au- $208,000,000 may be transferred to the Bureau of
the Census Working Capital Fund for informa- SALARIES AND EXPENSES, GENERAL LEGAL
thorized to use, with their consent, with reim-
tion and business technology system moderniza- ACTIVITIES
bursement and subject to the limits of available
appropriations, the land, services, equipment, tion and facilities infrastructure improvements (INCLUDING TRANSFER OF FUNDS)
personnel, and facilities of any department, necessary for the operations of the Bureau: Pro- For expenses necessary for the legal activities
agency, or instrumentality of the United States, vided, That the amounts previously provided by of the Department of Justice, not otherwise pro-
or of any State, local government, Indian Tribal the Congress for the 2020 Census remain avail- vided for, including not to exceed $20,000 for ex-
government, Territory, or possession, or of any able only for the period of time as provided penses of collecting evidence, to be expended
political subdivision thereof, or of any foreign when initially enacted: Provided further, That under the direction of, and to be accounted for
government or international organization, for this transfer authority is in addition to any solely under the certificate of, the Attorney
purposes related to carrying out the responsibil- other transfer authority in this Act: Provided General; the administration of pardon and clem-
ities of any statute administered by the National further, That no amounts may be transferred ency petitions; and rent of private or Govern-
Oceanic and Atmospheric Administration. that were previously designated by the Congress ment-owned space in the District of Columbia,
SEC. 108. The National Technical Information for the 2020 Census pursuant to section $960,000,000, of which not to exceed $20,000,000
Service shall not charge any customer for a copy 251(b)(2)(G) of the Balanced Budget and Emer- for litigation support contracts shall remain
of any report or document generated by the Leg- gency Deficit Control Act of 1985, as amended: available until expended: Provided, That of the
Provided further, That such amounts may be
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islative Branch unless the Service has provided amount provided for INTERPOL Washington
information to the customer on how an elec- obligated only after the Committees on Appro- dues payments, not to exceed $685,000 shall re-
tronic copy of such report or document may be priations of the House of Representatives and main available until expended: Provided fur-
accessed and downloaded for free online. the Senate are notified at least 15 days in ad- ther, That of the total amount appropriated, not
Should a customer still require the Service to vance of the planned use of funds. to exceed $9,000 shall be available to INTERPOL
provide a printed or digital copy of the report or This title may be cited as the ‘‘Department of Washington for official reception and represen-
document, the charge shall be limited to recov- Commerce Appropriations Act, 2021’’. tation expenses: Provided further, That of the
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H7341
total amount appropriated, not to exceed $9,000 Public Law 115–72)), shall be retained and used shals Service for prisoner holding and related
shall be available to the Criminal Division for for necessary expenses in this appropriation and support, $15,000,000, to remain available until
official reception and representation expenses: shall remain available until expended: Provided expended.
Provided further, That notwithstanding section further, That to the extent that fees deposited FEDERAL PRISONER DETENTION
205 of this Act, upon a determination by the At- into the Fund in fiscal year 2021, net of amounts For necessary expenses related to United
torney General that emergent circumstances re- necessary to pay refunds due depositors, exceed States prisoners in the custody of the United
quire additional funding for litigation activities $232,361,000, those excess amounts shall be avail- States Marshals Service as authorized by section
of the Civil Division, the Attorney General may able in future fiscal years only to the extent 4013 of title 18, United States Code,
transfer such amounts to ‘‘Salaries and Ex- provided in advance in appropriations Acts: $2,046,609,000, to remain available until ex-
penses, General Legal Activities’’ from available Provided further, That the sum herein appro- pended: Provided, That not to exceed $20,000,000
appropriations for the current fiscal year for the priated from the general fund shall be reduced shall be considered ‘‘funds appropriated for
Department of Justice, as may be necessary to (1) as such fees are received during fiscal year State and local law enforcement assistance’’
respond to such circumstances: Provided fur- 2021, net of amounts necessary to pay refunds pursuant to section 4013(b) of title 18, United
ther, That any transfer pursuant to the pre- due depositors, (estimated at $318,000,000) and States Code: Provided further, That the United
ceding proviso shall be treated as a reprogram- (2) to the extent that any remaining general States Marshals Service shall be responsible for
ming under section 505 of this Act and shall not fund appropriations can be derived from managing the Justice Prisoner and Alien Trans-
be available for obligation or expenditure except amounts deposited in the Fund in previous fis- portation System.
in compliance with the procedures set forth in cal years that are not otherwise appropriated,
NATIONAL SECURITY DIVISION
that section: Provided further, That of the so as to result in a final fiscal year 2021 appro-
amount appropriated, such sums as may be nec- priation from the general fund estimated at $0. SALARIES AND EXPENSES
essary shall be available to the Civil Rights Di- SALARIES AND EXPENSES, FOREIGN CLAIMS (INCLUDING TRANSFER OF FUNDS)
vision for salaries and expenses associated with SETTLEMENT COMMISSION For expenses necessary to carry out the activi-
the election monitoring program under section 8 ties of the National Security Division,
For expenses necessary to carry out the activi-
of the Voting Rights Act of 1965 (52 U.S.C. $117,451,000, of which not to exceed $5,000,000
ties of the Foreign Claims Settlement Commis-
10305) and to reimburse the Office of Personnel for information technology systems shall remain
sion, including services as authorized by section
Management for such salaries and expenses: available until expended: Provided, That not-
3109 of title 5, United States Code, $2,366,000.
Provided further, That of the amounts provided withstanding section 205 of this Act, upon a de-
under this heading for the election monitoring FEES AND EXPENSES OF WITNESSES
termination by the Attorney General that emer-
program, $3,390,000 shall remain available until For fees and expenses of witnesses, for ex- gent circumstances require additional funding
expended: Provided further, That of the amount penses of contracts for the procurement and su- for the activities of the National Security Divi-
appropriated, not less than $195,754,000 shall be pervision of expert witnesses, for private counsel sion, the Attorney General may transfer such
available for the Criminal Division, including expenses, including advances, and for expenses amounts to this heading from available appro-
related expenses for the Mutual Legal Assist- of foreign counsel, $270,000,000, to remain avail- priations for the current fiscal year for the De-
ance Treaty Program. able until expended, of which not to exceed partment of Justice, as may be necessary to re-
In addition, for expenses of the Department of $16,000,000 is for construction of buildings for spond to such circumstances: Provided further,
Justice associated with processing cases under protected witness safesites; not to exceed That any transfer pursuant to the preceding
the National Childhood Vaccine Injury Act of $3,000,000 is for the purchase and maintenance proviso shall be treated as a reprogramming
1986, not to exceed $17,000,000, to be appro- of armored and other vehicles for witness secu- under section 505 of this Act and shall not be
priated from the Vaccine Injury Compensation rity caravans; and not to exceed $25,000,000 is available for obligation or expenditure except in
Trust Fund and to remain available until ex- for the purchase, installation, maintenance, and compliance with the procedures set forth in that
pended. upgrade of secure telecommunications equip- section.
SALARIES AND EXPENSES, ANTITRUST DIVISION ment and a secure automated information net- INTERAGENCY LAW ENFORCEMENT
work to store and retrieve the identities and lo-
For expenses necessary for the enforcement of INTERAGENCY CRIME AND DRUG ENFORCEMENT
cations of protected witnesses: Provided, That
antitrust and kindred laws, $184,524,000, to re- For necessary expenses for the identification,
amounts made available under this heading may
main available until expended: Provided, That investigation, and prosecution of individuals as-
not be transferred pursuant to section 205 of this
notwithstanding any other provision of law, sociated with the most significant drug traf-
Act.
fees collected for premerger notification filings ficking organizations, transnational organized
under the Hart-Scott-Rodino Antitrust Improve- SALARIES AND EXPENSES, COMMUNITY RELATIONS
SERVICE
crime, and money laundering organizations not
ments Act of 1976 (15 U.S.C. 18a), regardless of otherwise provided for, to include inter-govern-
the year of collection (and estimated to be (INCLUDING TRANSFER OF FUNDS) mental agreements with State and local law en-
$150,000,000 in fiscal year 2021), shall be re- For necessary expenses of the Community Re- forcement agencies engaged in the investigation
tained and used for necessary expenses in this lations Service, $18,000,000: Provided, That not- and prosecution of individuals involved in
appropriation, and shall remain available until withstanding section 205 of this Act, upon a de- transnational organized crime and drug traf-
expended: Provided further, That the sum here- termination by the Attorney General that emer- ficking, $550,458,000, of which $50,000,000 shall
in appropriated from the general fund shall be gent circumstances require additional funding remain available until expended: Provided, That
reduced as such offsetting collections are re- for conflict resolution and violence prevention any amounts obligated from appropriations
ceived during fiscal year 2021, so as to result in activities of the Community Relations Service, under this heading may be used under authori-
a final fiscal year 2021 appropriation from the the Attorney General may transfer such ties available to the organizations reimbursed
general fund estimated at $34,524,000. amounts to the Community Relations Service, from this appropriation.
SALARIES AND EXPENSES, UNITED STATES from available appropriations for the current FEDERAL BUREAU OF INVESTIGATION
ATTORNEYS fiscal year for the Department of Justice, as may
SALARIES AND EXPENSES
For necessary expenses of the Offices of the be necessary to respond to such circumstances:
Provided further, That any transfer pursuant to For necessary expenses of the Federal Bureau
United States Attorneys, including inter-govern- of Investigation for detection, investigation, and
mental and cooperative agreements, the preceding proviso shall be treated as a re-
programming under section 505 of this Act and prosecution of crimes against the United States,
$2,342,177,000: Provided, That of the total $9,748,686,000, of which not to exceed
amount appropriated, not to exceed $7,200 shall shall not be available for obligation or expendi-
ture except in compliance with the procedures $216,900,000 shall remain available until ex-
be available for official reception and represen- pended: Provided, That not to exceed $284,000
tation expenses: Provided further, That not to set forth in that section.
shall be available for official reception and rep-
exceed $25,000,000 shall remain available until ASSETS FORFEITURE FUND
resentation expenses.
expended: Provided further, That each United For expenses authorized by subparagraphs
States Attorney shall establish or participate in CONSTRUCTION
(B), (F), and (G) of section 524(c)(1) of title 28,
a task force on human trafficking. United States Code, $20,514,000, to be derived For necessary expenses, to include the cost of
UNITED STATES TRUSTEE SYSTEM FUND from the Department of Justice Assets Forfeiture equipment, furniture, and information tech-
Fund. nology requirements, related to construction or
For necessary expenses of the United States acquisition of buildings, facilities, and sites by
Trustee Program, as authorized, $232,361,000, to UNITED STATES MARSHALS SERVICE purchase, or as otherwise authorized by law;
remain available until expended: Provided, SALARIES AND EXPENSES conversion, modification, and extension of fed-
That, notwithstanding any other provision of erally owned buildings; preliminary planning
For necessary expenses of the United States
law, deposits to the United States Trustee Sys- and design of projects; and operation and main-
Marshals Service, $1,496,000,000, of which not to
tem Fund and amounts herein appropriated tenance of secure work environment facilities
exceed $6,000 shall be available for official re-
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shall be available in such amounts as may be and secure networking capabilities; $566,100,000,
ception and representation expenses, and not to
necessary to pay refunds due depositors: Pro- to remain available until expended.
exceed $25,000,000 shall remain available until
vided further, That, notwithstanding any other
expended. DRUG ENFORCEMENT ADMINISTRATION
provision of law, fees deposited into the Fund
pursuant to section 589a(b) of title 28, United CONSTRUCTION SALARIES AND EXPENSES
States Code (as limited by section 1004(b) of the For construction in space that is controlled, For necessary expenses of the Drug Enforce-
Bankruptcy Judgeship Act of 2017 (division B of occupied, or utilized by the United States Mar- ment Administration, including not to exceed
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H7342 CONGRESSIONAL RECORD — HOUSE December 21, 2020
$70,000 to meet unforeseen emergencies of a con- inmates of Federal penal and correctional insti- Enforcement Act of 1994 (Public Law 103–322)
fidential character pursuant to section 530C of tutions: Provided further, That the Director of (‘‘the 1994 Act’’); the Victims of Child Abuse Act
title 28, United States Code; and expenses for the Federal Prison System, where necessary, of 1990 (Public Law 101–647) (‘‘the 1990 Act’’);
conducting drug education and training pro- may enter into contracts with a fiscal agent or the Prosecutorial Remedies and Other Tools to
grams, including travel and related expenses for fiscal intermediary claims processor to determine end the Exploitation of Children Today Act of
participants in such programs and the distribu- the amounts payable to persons who, on behalf 2003 (Public Law 108–21); the Juvenile Justice
tion of items of token value that promote the of the Federal Prison System, furnish health and Delinquency Prevention Act of 1974 (34
goals of such programs, $2,336,263,000, of which services to individuals committed to the custody U.S.C. 11101 et seq.) (‘‘the 1974 Act’’); the Vic-
not to exceed $75,000,000 shall remain available of the Federal Prison System: Provided further, tims of Trafficking and Violence Protection Act
until expended and not to exceed $90,000 shall That not to exceed $5,400 shall be available for of 2000 (Public Law 106–386) (‘‘the 2000 Act’’);
be available for official reception and represen- official reception and representation expenses: the Violence Against Women and Department of
tation expenses: Provided, That, notwith- Provided further, That not to exceed $50,000,000 Justice Reauthorization Act of 2005 (Public Law
standing section 3672 of Public Law 106–310, up shall remain available until expended for nec- 109–162) (‘‘the 2005 Act’’); the Violence Against
to $10,000,000 may be used to reimburse States, essary operations: Provided further, That, of Women Reauthorization Act of 2013 (Public Law
units of local government, Indian Tribal Gov- the amounts provided for contract confinement, 113–4) (‘‘the 2013 Act’’); the Rape Survivor Child
ernments, other public entities, and multi-juris- not to exceed $20,000,000 shall remain available Custody Act of 2015 (Public Law 114–22) (‘‘the
dictional or regional consortia thereof for ex- until expended to make payments in advance for 2015 Act’’); and the Abolish Human Trafficking
penses incurred to clean up and safely dispose grants, contracts and reimbursable agreements, Act (Public Law 115–392); and for related vic-
of substances associated with clandestine meth- and other expenses: Provided further, That the tims services, $513,500,000, to remain available
amphetamine laboratories, conversion and ex- Director of the Federal Prison System may ac- until expended, of which $435,000,000 shall be
traction operations, tableting operations, or lab- cept donated property and services relating to derived by transfer from amounts available for
oratories and processing operations for fentanyl the operation of the prison card program from a obligation in this Act from the Fund established
and fentanyl-related substances which may not-for-profit entity which has operated such by section 1402 of chapter XIV of title II of Pub-
present a danger to public health or the envi- program in the past, notwithstanding the fact lic Law 98–473 (34 U.S.C. 20101), notwith-
ronment. that such not-for-profit entity furnishes services standing section 1402(d) of such Act of 1984, and
under contracts to the Federal Prison System re- merged with the amounts otherwise made avail-
CONSTRUCTION
lating to the operation of pre-release services, able under this heading: Provided, That except
For necessary expenses, to include the cost of as otherwise provided by law, not to exceed 5
halfway houses, or other custodial facilities.
preliminary planning and design, equipment, percent of funds made available under this
furniture, and information technology require- BUILDINGS AND FACILITIES
heading may be used for expenses related to
ments, related to the construction or acquisition For planning, acquisition of sites, and con- evaluation, training, and technical assistance:
of buildings, facilities, and sites by purchase, or struction of new facilities; purchase and acqui- Provided further, That any balances remaining
as otherwise authorized by law, for the addition sition of facilities and remodeling, and equip- available from prior year appropriations under
of a laboratory and warehouse to meet the de- ping of such facilities for penal and correctional this heading for tracking violence against In-
mand of testing drugs, including fentanyl, use, including all necessary expenses incident dian women, as authorized by section 905 of the
$50,000,000, to remain available until expended. thereto, by contract or force account; and con- 2005 Act, shall also be available to enhance the
BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND structing, remodeling, and equipping necessary ability of Tribal Government entities to access,
EXPLOSIVES buildings and facilities at existing penal and enter information into, and obtain information
correctional institutions, including all necessary from, Federal criminal information databases,
SALARIES AND EXPENSES
expenses incident thereto, by contract or force as authorized by section 534 of title 28, United
For necessary expenses of the Bureau of Alco- account, $127,000,000, to remain available until States Code: Provided further, That some or all
hol, Tobacco, Firearms and Explosives, for expended: Provided, That labor of United States of such balances may be transferred, at the dis-
training of State and local law enforcement prisoners may be used for work performed under cretion of the Attorney General, to ‘‘General
agencies with or without reimbursement, includ- this appropriation. Administration, Justice Information Sharing
ing training in connection with the training and FEDERAL PRISON INDUSTRIES, INCORPORATED Technology’’ for the Tribal Access Program for
acquisition of canines for explosives and fire
The Federal Prison Industries, Incorporated, national crime information in furtherance of
accelerants detection; and for provision of lab-
is hereby authorized to make such expenditures this purpose: Provided further, That the author-
oratory assistance to State and local law en-
within the limits of funds and borrowing au- ity to transfer funds under the previous proviso
forcement agencies, with or without reimburse-
thority available, and in accord with the law, shall be in addition to any other transfer au-
ment, $1,483,887,000, of which not to exceed
and to make such contracts and commitments thority contained in this Act: Provided further,
$36,000 shall be for official reception and rep-
without regard to fiscal year limitations as pro- That of the amount provided—
resentation expenses, not to exceed $1,000,000 (1) $215,000,000 is for grants to combat violence
vided by section 9104 of title 31, United States
shall be available for the payment of attorneys’ against women, as authorized by part T of the
Code, as may be necessary in carrying out the
fees as provided by section 924(d)(2) of title 18, 1968 Act;
program set forth in the budget for the current
United States Code, and not to exceed (2) $40,000,000 is for transitional housing as-
fiscal year for such corporation.
$25,000,000 shall remain available until ex- sistance grants for victims of domestic violence,
pended: Provided, That none of the funds ap- LIMITATION ON ADMINISTRATIVE EXPENSES,
dating violence, stalking, or sexual assault as
propriated herein shall be available to inves- FEDERAL PRISON INDUSTRIES, INCORPORATED
authorized by section 40299 of the 1994 Act;
tigate or act upon applications for relief from Not to exceed $2,700,000 of the funds of the (3) $2,500,000 is for the National Institute of
Federal firearms disabilities under section 925(c) Federal Prison Industries, Incorporated, shall Justice and the Bureau of Justice Statistics for
of title 18, United States Code: Provided further, be available for its administrative expenses, and research, evaluation, and statistics of violence
That such funds shall be available to investigate for services as authorized by section 3109 of title against women and related issues addressed by
and act upon applications filed by corporations 5, United States Code, to be computed on an ac- grant programs of the Office on Violence
for relief from Federal firearms disabilities crual basis to be determined in accordance with Against Women, which shall be transferred to
under section 925(c) of title 18, United States the corporation’s current prescribed accounting ‘‘Research, Evaluation and Statistics’’ for ad-
Code: Provided further, That no funds made system, and such amounts shall be exclusive of ministration by the Office of Justice Programs;
available by this or any other Act may be used depreciation, payment of claims, and expendi- (4) $12,000,000 is for a grant program to pro-
to transfer the functions, missions, or activities tures which such accounting system requires to vide services to advocate for and respond to
of the Bureau of Alcohol, Tobacco, Firearms be capitalized or charged to cost of commodities youth victims of domestic violence, dating vio-
and Explosives to other agencies or Depart- acquired or produced, including selling and lence, sexual assault, and stalking; assistance to
ments. shipping expenses, and expenses in connection children and youth exposed to such violence;
FEDERAL PRISON SYSTEM with acquisition, construction, operation, main- programs to engage men and youth in pre-
tenance, improvement, protection, or disposition venting such violence; and assistance to middle
SALARIES AND EXPENSES
of facilities and other property belonging to the and high school students through education
(INCLUDING TRANSFER OF FUNDS) corporation or in which it has an interest. and other services related to such violence: Pro-
For necessary expenses of the Federal Prison STATE AND LOCAL LAW ENFORCEMENT vided, That unobligated balances available for
System for the administration, operation, and ACTIVITIES the programs authorized by sections 41201,
maintenance of Federal penal and correctional OFFICE ON VIOLENCE AGAINST WOMEN 41204, 41303, and 41305 of the 1994 Act, prior to
institutions, and for the provision of technical its amendment by the 2013 Act, shall be avail-
VIOLENCE AGAINST WOMEN PREVENTION AND
assistance and advice on corrections related able for this program: Provided further, That 10
PROSECUTION PROGRAMS
issues to foreign governments, $7,708,375,000, of percent of the total amount available for this
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which not less than $409,483,000 shall be for the (INCLUDING TRANSFER OF FUNDS) grant program shall be available for grants
programs and activities authorized by the First For grants, contracts, cooperative agreements, under the program authorized by section 2015 of
Step Act of 2018 (Public Law 115–391): Provided, and other assistance for the prevention and the 1968 Act: Provided further, That the defini-
That the Attorney General may transfer to the prosecution of violence against women, as au- tions and grant conditions in section 40002 of
Department of Health and Human Services such thorized by the Omnibus Crime Control and Safe the 1994 Act shall apply to this program;
amounts as may be necessary for direct expendi- Streets Act of 1968 (34 U.S.C. 10101 et seq.) (‘‘the (5) $53,000,000 is for grants to encourage arrest
tures by that Department for medical relief for 1968 Act’’); the Violent Crime Control and Law policies as authorized by part U of the 1968 Act,
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H7343
of which $4,000,000 is for a homicide reduction grams, $82,000,000, to remain available until ex- ized by subpart 1 of part E of title I of the 1968
initiative; pended, of which— Act (except that section 1001(c), and the special
(6) $41,000,000 is for sexual assault victims as- (1) $45,000,000 is for criminal justice statistics rules for Puerto Rico under section 505(g), of
sistance, as authorized by section 41601 of the programs, and other activities, as authorized by title I of the 1968 Act shall not apply for pur-
1994 Act; part C of title I of the 1968 Act, of which poses of this Act), of which, notwithstanding
(7) $45,000,000 is for rural domestic violence $3,000,000 is for a data collection on law enforce- such subpart 1—
and child abuse enforcement assistance grants, ment suicide; and (A) $13,000,000 is for an Officer Robert Wilson
as authorized by section 40295 of the 1994 Act; (2) $37,000,000 is for research, development, III memorial initiative on Preventing Violence
(8) $20,000,000 is for grants to reduce violent and evaluation programs, and other activities as Against Law Enforcement and Ensuring Officer
crimes against women on campus, as authorized authorized by part B of title I of the 1968 Act Resilience and Survivability (VALOR);
by section 304 of the 2005 Act; and subtitle C of title II of the 2002 Act, and for (B) $8,000,000 is for an initiative to support
(9) $47,000,000 is for legal assistance for vic- activities authorized by or consistent with the evidence-based policing;
tims, as authorized by section 1201 of the 2000 First Step Act of 2018, of which $6,000,000 is for (C) $8,000,000 is for an initiative to enhance
Act; research targeted toward developing a better un- prosecutorial decision-making;
(10) $5,500,000 is for enhanced training and derstanding of the domestic radicalization phe- (D) $2,400,000 is for the operation, mainte-
services to end violence against and abuse of nomenon, and advancing evidence-based strate- nance, and expansion of the National Missing
women in later life, as authorized by section gies for effective intervention and prevention; and Unidentified Persons System;
40801 of the 1994 Act; $1,000,000 is for research to study the root (E) $7,500,000 is for a grant program for State
(11) $18,000,000 is for grants to support fami- causes of school violence to include the impact and local law enforcement to provide officer
lies in the justice system, as authorized by sec- and effectiveness of grants made under the training on responding to individuals with men-
tion 1301 of the 2000 Act: Provided, That unobli- STOP School Violence Act; $1,500,000 is for a tal illness or disabilities;
gated balances available for the programs au- national study to identify improvements for law (F) $2,000,000 is for a student loan repayment
thorized by section 1301 of the 2000 Act and sec- enforcement officials who respond to and inves- assistance program pursuant to section 952 of
tion 41002 of the 1994 Act, prior to their amend- tigate child pornography crimes; $4,000,000 is for Public Law 110–315;
ment by the 2013 Act, shall be available for this the research, design, and testing of a scalable (G) $15,500,000 is for prison rape prevention
program; national model to reduce incarceration rates for and prosecution grants to States and units of
(12) $6,500,000 is for education and training to minor probation and parole violations; and not local government, and other programs, as au-
end violence against and abuse of women with less than $2,000,000 is for research, testing, and thorized by the Prison Rape Elimination Act of
disabilities, as authorized by section 1402 of the evaluation of the use of counter-unmanned air- 2003 (Public Law 108–79);
2000 Act; craft systems in support of law enforcement op- (H) $3,000,000 is for a grant program author-
(13) $1,000,000 is for the National Resource erations. ized by Kevin and Avonte’s Law;
Center on Workplace Responses to assist victims STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE (I) $4,000,000 is for the establishment of a na-
of domestic violence, as authorized by section (INCLUDING TRANSFER OF FUNDS) tional center on forensics at an accredited uni-
41501 of the 1994 Act; For grants, contracts, cooperative agreements, versity of higher education with affiliate med-
(14) $1,000,000 is for analysis and research on and other assistance authorized by the Violent ical and law schools, in partnership with a co-
violence against Indian women, including as Crime Control and Law Enforcement Act of 1994 located full-service State department of forensic
authorized by section 904 of the 2005 Act: Pro- (Public Law 103–322) (‘‘the 1994 Act’’); the Om- science with a medical examiner function;
vided, That such funds may be transferred to nibus Crime Control and Safe Streets Act of 1968 (J) $20,000,000 is for grants authorized under
‘‘Research, Evaluation and Statistics’’ for ad- (Public Law 90–351) (‘‘the 1968 Act’’); the Justice the Project Safe Neighborhoods Grant Author-
ministration by the Office of Justice Programs; for All Act of 2004 (Public Law 108–405); the Vic- ization Act of 2018 (Public Law 115–185);
(15) $500,000 is for a national clearinghouse tims of Child Abuse Act of 1990 (Public Law 101– (K) $7,000,000 is for the Capital Litigation Im-
that provides training and technical assistance 647) (‘‘the 1990 Act’’); the Trafficking Victims provement Grant Program, as authorized by sec-
on issues relating to sexual assault of American Protection Reauthorization Act of 2005 (Public tion 426 of Public Law 108–405, and for grants
Indian and Alaska Native women; Law 109–164); the Violence Against Women and for wrongful conviction review;
(16) $4,000,000 is for grants to assist Tribal Department of Justice Reauthorization Act of (L) $14,000,000 is for community-based vio-
Governments in exercising special domestic vio- 2005 (Public Law 109–162) (‘‘the 2005 Act’’); the lence prevention initiatives;
lence criminal jurisdiction, as authorized by sec- Adam Walsh Child Protection and Safety Act of (M) $3,000,000 is for a national center for re-
tion 904 of the 2013 Act: Provided, That the 2006 (Public Law 109–248) (‘‘the Adam Walsh storative justice;
grant conditions in section 40002(b) of the 1994 Act’’); the Victims of Trafficking and Violence (N) $1,000,000 is for the purposes of the
Act shall apply to this program; and Protection Act of 2000 (Public Law 106–386); the Ashanti Alert Network as authorized under the
(17) $1,500,000 is for the purposes authorized NICS Improvement Amendments Act of 2007 Ashanti Alert Act of 2018 (Public Law 115–401);
under the 2015 Act. (Public Law 110–180); subtitle C of title II of the (O) $3,500,000 is for a grant program to rep-
OFFICE OF JUSTICE PROGRAMS Homeland Security Act of 2002 (Public Law 107– licate family-based alternative sentencing pilot
296) (‘‘the 2002 Act’’); the Prison Rape Elimi- programs;
RESEARCH, EVALUATION AND STATISTICS
nation Act of 2003 (Public Law 108–79); the Sec- (P) $1,000,000 is for a grant program to sup-
For grants, contracts, cooperative agreements, ond Chance Act of 2007 (Public Law 110–199); port child advocacy training in post-secondary
and other assistance authorized by title I of the the Prioritizing Resources and Organization for education;
Omnibus Crime Control and Safe Streets Act of Intellectual Property Act of 2008 (Public Law (Q) $7,000,000 is for a rural violent crime ini-
1968 (‘‘the 1968 Act’’); the Violent Crime Control 110–403); the Victims of Crime Act of 1984 (Public tiative, including assistance for law enforce-
and Law Enforcement Act of 1994 (Public Law Law 98–473); the Mentally Ill Offender Treat- ment;
103–322) (‘‘the 1994 Act’’); the Juvenile Justice ment and Crime Reduction Reauthorization and (R) $2,000,000 is for grants to States and units
and Delinquency Prevention Act of 1974 (‘‘the Improvement Act of 2008 (Public Law 110–416); of local government to deploy managed access
1974 Act’’); the Missing Children’s Assistance the Violence Against Women Reauthorization systems to combat contraband cell phone use in
Act (34 U.S.C. 11291 et seq.); the Prosecutorial Act of 2013 (Public Law 113–4) (‘‘the 2013 Act’’); prison; and
Remedies and Other Tools to end the Exploi- the Comprehensive Addiction and Recovery Act (S) $2,000,000 is for grants for development of
tation of Children Today Act of 2003 (Public of 2016 (Public Law 114–198) (‘‘CARA’’); the Jus- child-friendly family visitation spaces in correc-
Law 108–21) (‘‘the PROTECT Act’’); the Justice tice for All Reauthorization Act of 2016 (Public tional facilities;
for All Act of 2004 (Public Law 108–405); the Vio- Law 114–324); Kevin and Avonte’s Law (division (2) $244,000,000 for the State Criminal Alien
lence Against Women and Department of Justice Q of Public Law 115–141) (‘‘Kevin and Avonte’s Assistance Program, as authorized by section
Reauthorization Act of 2005 (Public Law 109– Law’’); the Keep Young Athletes Safe Act of 241(i)(5) of the Immigration and Nationality Act
162) (‘‘the 2005 Act’’); the Victims of Child Abuse 2018 (title III of division S of Public Law 115– (8 U.S.C. 1231(i)(5)): Provided, That no jurisdic-
Act of 1990 (Public Law 101–647); the Second 141) (‘‘the Keep Young Athletes Safe Act’’); the tion shall request compensation for any cost
Chance Act of 2007 (Public Law 110–199); the STOP School Violence Act of 2018 (title V of di- greater than the actual cost for Federal immi-
Victims of Crime Act of 1984 (Public Law 98– vision S of Public Law 115–141) (‘‘the STOP gration and other detainees housed in State and
473); the Adam Walsh Child Protection and School Violence Act’’); the Fix NICS Act of 2018 local detention facilities;
Safety Act of 2006 (Public Law 109–248) (‘‘the (title VI of division S of Public Law 115–141); (3) $85,000,000 for victim services programs for
Adam Walsh Act’’); the PROTECT Our Chil- the Project Safe Neighborhoods Grant Program victims of trafficking, as authorized by section
dren Act of 2008 (Public Law 110–401); subtitle C Authorization Act of 2018 (Public Law 115–185); 107(b)(2) of Public Law 106–386, for programs
of title II of the Homeland Security Act of 2002 the SUPPORT for Patients and Communities authorized under Public Law 109–164, or pro-
(Public Law 107–296) (‘‘the 2002 Act’’); the Pris- Act (Public Law 115–271); the Second Chance grams authorized under Public Law 113–4;
on Rape Elimination Act of 2003 (Public Law Reauthorization Act of 2018 (Public Law 115– (4) $12,000,000 for economic, high technology,
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108–79) (‘‘PREA’’); the NICS Improvement 391); the Matthew Shepard and James Byrd, Jr. white collar, and Internet crime prevention
Amendments Act of 2007 (Public Law 110–180); Hate Crimes Prevention Act (Public Law 111– grants, including as authorized by section 401 of
the Violence Against Women Reauthorization 84); the Ashanti Alert Act of 2018 (Public Law Public Law 110–403, of which $2,500,000 is for
Act of 2013 (Public Law 113–4) (‘‘the 2013 Act’’); 115–401); and other programs, $1,914,000,000, to competitive grants that help State and local law
the Comprehensive Addiction and Recovery Act remain available until expended as follows— enforcement tackle intellectual property thefts,
of 2016 (Public Law 114–198); the First Step Act (1) $484,000,000 for the Edward Byrne Memo- and $2,000,000 is for grants to develop databases
of 2018 (Public Law 115–391); and other pro- rial Justice Assistance Grant program as author- on Internet of Things device capabilities and to
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H7344 CONGRESSIONAL RECORD — HOUSE December 21, 2020
build and execute training modules for law en- grants, as authorized by parts V and HH of title emergency planning among State, local, and
forcement; I of the 1968 Act, and the Mentally Ill Offender Tribal juvenile justice residential facilities;
(5) $20,000,000 for sex offender management Treatment and Crime Reduction Reauthoriza- (2) $100,000,000 for youth mentoring grants;
assistance, as authorized by the Adam Walsh tion and Improvement Act of 2008 (Public Law (3) $49,000,000 for delinquency prevention, of
Act, and related activities; 110–416); which, pursuant to sections 261 and 262 of the
(6) $30,000,000 for the Patrick Leahy Bullet- (C) $34,000,000 for grants for Residential Sub- 1974 Act—
proof Vest Partnership Grant Program, as au- stance Abuse Treatment for State Prisoners, as (A) $2,000,000 shall be for grants to prevent
thorized by section 2501 of title I of the 1968 Act: authorized by part S of title I of the 1968 Act; trafficking of girls;
Provided, That $1,500,000 is transferred directly (D) $25,000,000 for a veterans treatment courts (B) $10,000,000 shall be for the Tribal Youth
to the National Institute of Standards and program; Program;
Technology’s Office of Law Enforcement Stand- (E) $32,000,000 for a program to monitor pre- (C) $500,000 shall be for an Internet site pro-
ards for research, testing, and evaluation pro- scription drugs and scheduled listed chemical viding information and resources on children of
grams; products; and incarcerated parents;
(7) $1,000,000 for the National Sex Offender (F) $185,000,000 for a comprehensive opioid, (D) $3,000,000 shall be for competitive grants
Public Website; stimulant, and substance abuse program; focusing on girls in the juvenile justice system;
(8) $85,000,000 for grants to States to upgrade (16) $2,500,000 for a competitive grant program (E) $10,000,000 shall be for an opioid-affected
criminal and mental health records for the Na- authorized by the Keep Young Athletes Safe youth initiative; and
tional Instant Criminal Background Check Sys- Act; (F) $8,000,000 shall be for an initiative relating
tem, of which no less than $25,000,000 shall be (17) $79,000,000 for grants to be administered to children exposed to violence;
for grants made under the authorities of the by the Bureau of Justice Assistance for purposes (4) $30,000,000 for programs authorized by the
NICS Improvement Amendments Act of 2007 authorized under the STOP School Violence Victims of Child Abuse Act of 1990;
(Public Law 110–180) and Fix NICS Act of 2018; Act; (5) $94,000,000 for missing and exploited chil-
(9) $33,000,000 for Paul Coverdell Forensic (18) $2,000,000 for grants to State and local dren programs, including as authorized by sec-
Sciences Improvement Grants under part BB of law enforcement agencies for the expenses asso- tions 404(b) and 405(a) of the 1974 Act (except
title I of the 1968 Act; ciated with the investigation and prosecution of that section 102(b)(4)(B) of the PROTECT Our
(10) $141,000,000 for DNA-related and forensic Children Act of 2008 (Public Law 110–401) shall
criminal offenses, involving civil rights, author-
programs and activities, of which— not apply for purposes of this Act);
(A) $110,000,000 is for the purposes authorized ized by the Emmett Till Unsolved Civil Rights
Crimes Reauthorization Act of 2016 (Public Law (6) $3,500,000 for child abuse training pro-
under section 2 of the DNA Analysis Backlog
114–325); grams for judicial personnel and practitioners,
Elimination Act of 2000 (Public Law 106–546)
(19) $5,000,000 for grants to State, local, and as authorized by section 222 of the 1990 Act; and
(the Debbie Smith DNA Backlog Grant Pro-
Tribal law enforcement agencies to conduct edu- (7) $2,500,000 for a program to improve juve-
gram): Provided, That up to 4 percent of funds
cational outreach and training on hate crimes nile indigent defense:
made available under this paragraph may be Provided, That not more than 10 percent of each
used for the purposes described in the DNA and to investigate and prosecute hate crimes, as
authorized by section 4704 of the Matthew amount may be used for research, evaluation,
Training and Education for Law Enforcement, and statistics activities designed to benefit the
Correctional Personnel, and Court Officers pro- Shepard and James Byrd, Jr. Hate Crimes Pre-
vention Act (Public Law 111–84); and programs or activities authorized: Provided fur-
gram (Public Law 108–405, section 303); ther, That not more than 2 percent of the
(B) $19,000,000 for other local, State, and Fed- (20) $90,000,000 for initiatives to improve po-
lice-community relations, of which $35,000,000 is amounts designated under paragraphs (1)
eral forensic activities;
(C) $8,000,000 is for the purposes described in for a competitive matching grant program for through (3) and (6) may be used for training
the Kirk Bloodsworth Post-Conviction DNA purchases of body-worn cameras for State, local, and technical assistance: Provided further, That
Testing Grant Program (Public Law 108–405, and Tribal law enforcement; $33,000,000 is for a the two preceding provisos shall not apply to
section 412); and justice reinvestment initiative, for activities re- grants and projects administered pursuant to
(D) $4,000,000 is for Sexual Assault Forensic lated to criminal justice reform and recidivism sections 261 and 262 of the 1974 Act and to miss-
Exam Program grants, including as authorized reduction; and $22,000,000 is for an Edward ing and exploited children programs.
by section 304 of Public Law 108–405; Byrne Memorial criminal justice innovation pro- PUBLIC SAFETY OFFICER BENEFITS
(11) $48,000,000 for a grant program for com- gram: (INCLUDING TRANSFER OF FUNDS)
munity-based sexual assault response reform; Provided, That, if a unit of local government
(12) $12,500,000 for the court-appointed special For payments and expenses authorized under
uses any of the funds made available under this
advocate program, as authorized by section 217 section 1001(a)(4) of title I of the Omnibus Crime
heading to increase the number of law enforce-
of the 1990 Act; Control and Safe Streets Act of 1968, such sums
ment officers, the unit of local government will
(13) $46,000,000 for assistance to Indian Tribes; as are necessary (including amounts for admin-
achieve a net gain in the number of law enforce-
(14) $100,000,000 for offender reentry programs istrative costs), to remain available until ex-
ment officers who perform non-administrative
and research, as authorized by the Second pended; and $24,800,000 for payments authorized
public sector safety service.
Chance Act of 2007 (Public Law 110–199) and by by section 1201(b) of such Act and for edu-
JUVENILE JUSTICE PROGRAMS cational assistance authorized by section 1218 of
the Second Chance Reauthorization Act of 2018
(Public Law 115–391), without regard to the time For grants, contracts, cooperative agreements, such Act, to remain available until expended:
limitations specified at section 6(1) of such Act, and other assistance authorized by the Juvenile Provided, That notwithstanding section 205 of
of which not to exceed $6,000,000 is for a pro- Justice and Delinquency Prevention Act of 1974 this Act, upon a determination by the Attorney
gram to improve State, local, and Tribal proba- (‘‘the 1974 Act’’); the Omnibus Crime Control General that emergent circumstances require ad-
tion or parole supervision efforts and strategies; and Safe Streets Act of 1968 (‘‘the 1968 Act’’); ditional funding for such disability and edu-
$5,000,000 is for Children of Incarcerated Par- the Violence Against Women and Department of cation payments, the Attorney General may
ents Demonstrations to enhance and maintain Justice Reauthorization Act of 2005 (Public Law transfer such amounts to ‘‘Public Safety Officer
parental and family relationships for incarcer- 109–162) (‘‘the 2005 Act’’); the Missing Children’s Benefits’’ from available appropriations for the
ated parents as a reentry or recidivism reduction Assistance Act (34 U.S.C. 11291 et seq.); the Department of Justice as may be necessary to re-
strategy; and $4,500,000 is for additional replica- Prosecutorial Remedies and Other Tools to end spond to such circumstances: Provided further,
tion sites employing the Project HOPE Oppor- the Exploitation of Children Today Act of 2003 That any transfer pursuant to the preceding
tunity Probation with Enforcement model imple- (Public Law 108–21); the Victims of Child Abuse proviso shall be treated as a reprogramming
menting swift and certain sanctions in proba- Act of 1990 (Public Law 101–647) (‘‘the 1990 under section 505 of this Act and shall not be
tion, of which no less than $500,000 shall be Act’’); the Adam Walsh Child Protection and available for obligation or expenditure except in
used for a project that provides training, tech- Safety Act of 2006 (Public Law 109–248) (‘‘the compliance with the procedures set forth in that
nical assistance, and best practices: Provided, Adam Walsh Act’’); the PROTECT Our Chil- section.
That up to $7,500,000 of funds made available in dren Act of 2008 (Public Law 110–401); the Vio- COMMUNITY ORIENTED POLICING SERVICES
this paragraph may be used for performance- lence Against Women Reauthorization Act of
COMMUNITY ORIENTED POLICING SERVICES
based awards for Pay for Success projects, of 2013 (Public Law 113–4) (‘‘the 2013 Act’’); the
PROGRAMS
which up to $5,000,000 shall be for Pay for Suc- Justice for All Reauthorization Act of 2016 (Pub-
lic Law 114–324); the Missing Children’s Assist- (INCLUDING TRANSFER OF FUNDS)
cess programs implementing the Permanent Sup-
portive Housing Model; ance Act of 2018 (Public Law 115–267); the Juve- For activities authorized by the Violent Crime
(15) $394,000,000 for comprehensive opioid nile Justice Reform Act of 2018 (Public Law 115– Control and Law Enforcement Act of 1994 (Pub-
abuse reduction activities, including as author- 385); and other juvenile justice programs, lic Law 103–322); the Omnibus Crime Control
ized by CARA, and for the following programs, $346,000,000, to remain available until expended and Safe Streets Act of 1968 (‘‘the 1968 Act’’);
which shall address opioid, stimulant, and sub- as follows— the Violence Against Women and Department of
ctelli on DSK11ZRN23PROD with HOUSE
stance abuse reduction consistent with under- (1) $67,000,000 for programs authorized by sec- Justice Reauthorization Act of 2005 (Public Law
lying program authorities— tion 221 of the 1974 Act, and for training and 109–162) (‘‘the 2005 Act’’); the American Law
(A) $83,000,000 for Drug Courts, as authorized technical assistance to assist small, nonprofit Enforcement Heroes Act of 2017 (Public Law
by section 1001(a)(25)(A) of title I of the 1968 organizations with the Federal grants process: 115–37); the Law Enforcement Mental Health
Act; Provided, That of the amounts provided under and Wellness Act (Public Law 115–113) (‘‘the
(B) $35,000,000 for mental health courts and this paragraph, $500,000 shall be for a competi- LEMHW Act’’); the SUPPORT for Patients and
adult and juvenile collaboration program tive demonstration grant program to support Communities Act (Public Law 115–271); and the
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H7345
Supporting and Treating Officers In Crisis Act SEC. 203. None of the funds appropriated made available) by law, with respect to funds
of 2019 (Public Law 116-32) (‘‘the STOIC Act’’), under this title shall be used to require any per- appropriated by this title under the headings
$386,000,000, to remain available until expended: son to perform, or facilitate in any way the per- ‘‘Research, Evaluation and Statistics’’, ‘‘State
Provided, That any balances made available formance of, any abortion. and Local Law Enforcement Assistance’’, and
through prior year deobligations shall only be SEC. 204. Nothing in the preceding section ‘‘Juvenile Justice Programs’’—
available in accordance with section 505 of this shall remove the obligation of the Director of the (1) up to 2 percent of funds made available to
Act: Provided further, That of the amount pro- Bureau of Prisons to provide escort services nec- the Office of Justice Programs for grant or reim-
vided under this heading— essary for a female inmate to receive such serv- bursement programs may be used by such Office
(1) $237,000,000 is for grants under section 1701 ice outside the Federal facility: Provided, That to provide training and technical assistance;
of title I of the 1968 Act (34 U.S.C. 10381) for the nothing in this section in any way diminishes and
hiring and rehiring of additional career law en- the effect of section 203 intended to address the (2) up to 2 percent of funds made available for
forcement officers under part Q of such title philosophical beliefs of individual employees of grant or reimbursement programs under such
notwithstanding subsection (i) of such section: the Bureau of Prisons. headings, except for amounts appropriated spe-
Provided, That, notwithstanding section 1704(c) SEC. 205. Not to exceed 5 percent of any ap- cifically for research, evaluation, or statistical
of such title (34 U.S.C. 10384(c)), funding for propriation made available for the current fiscal programs administered by the National Institute
hiring or rehiring a career law enforcement offi- year for the Department of Justice in this Act of Justice and the Bureau of Justice Statistics,
cer may not exceed $125,000 unless the Director may be transferred between such appropria- shall be transferred to and merged with funds
of the Office of Community Oriented Policing tions, but no such appropriation, except as oth- provided to the National Institute of Justice and
Services grants a waiver from this limitation: erwise specifically provided, shall be increased the Bureau of Justice Statistics, to be used by
Provided further, That within the amounts ap- by more than 10 percent by any such transfers: them for research, evaluation, or statistical pur-
propriated under this paragraph, $29,500,000 is Provided, That any transfer pursuant to this poses, without regard to the authorizations for
for improving Tribal law enforcement, including section shall be treated as a reprogramming of such grant or reimbursement programs.
hiring, equipment, training, anti-methamphet- funds under section 505 of this Act and shall not SEC. 213. Upon request by a grantee for whom
amine activities, and anti-opioid activities: Pro- be available for obligation except in compliance the Attorney General has determined there is a
vided further, That of the amounts appropriated with the procedures set forth in that section. fiscal hardship, the Attorney General may, with
under this paragraph $40,000,000 is for regional SEC. 206. None of the funds made available respect to funds appropriated in this or any
information sharing activities, as authorized by under this title may be used by the Federal Bu- other Act making appropriations for fiscal years
part M of title I of the 1968 Act, which shall be reau of Prisons or the United States Marshals 2018 through 2021 for the following programs,
transferred to and merged with ‘‘Research, Service for the purpose of transporting an indi- waive the following requirements:
Evaluation, and Statistics’’ for administration vidual who is a prisoner pursuant to conviction (1) For the adult and juvenile offender State
by the Office of Justice Programs: Provided fur- for crime under State or Federal law and is clas- and local reentry demonstration projects under
ther, That within the amounts appropriated sified as a maximum or high security prisoner, part FF of title I of the Omnibus Crime Control
under this paragraph, no less than $3,000,000 is other than to a prison or other facility certified and Safe Streets Act of 1968 (34 U.S.C. 10631 et
to support the Tribal Access Program: Provided by the Federal Bureau of Prisons as appro- seq.), the requirements under section 2976(g)(1)
further, That within the amounts appropriated priately secure for housing such a prisoner. of such part (34 U.S.C. 10631(g)(1)).
under this paragraph, $8,000,000 is for training, SEC. 207. (a) None of the funds appropriated (2) For grants to protect inmates and safe-
peer mentoring, mental health program activi- by this Act may be used by Federal prisons to guard communities as authorized by section 6 of
ties, and other support services as authorized purchase cable television services, or to rent or the Prison Rape Elimination Act of 2003 (34
under the LEMHW Act and STOIC Act; purchase audiovisual or electronic media or U.S.C. 30305(c)(3)), the requirements of section
(2) $11,000,000 is for activities authorized by equipment used primarily for recreational pur- 6(c)(3) of such Act.
the POLICE Act of 2016 (Public Law 114–199); poses.
SEC. 214. Notwithstanding any other provision
(3) $15,000,000 is for competitive grants to (b) Subsection (a) does not preclude the rent-
of law, section 20109(a) of subtitle A of title II
State law enforcement agencies in States with al, maintenance, or purchase of audiovisual or
of the Violent Crime Control and Law Enforce-
high seizures of precursor chemicals, finished electronic media or equipment for inmate train-
ment Act of 1994 (34 U.S.C. 12109(a)) shall not
methamphetamine, laboratories, and laboratory ing, religious, or educational programs.
SEC. 208. None of the funds made available apply to amounts made available by this or any
dump seizures: Provided, That funds appro- other Act.
priated under this paragraph shall be utilized under this title shall be obligated or expended
for any new or enhanced information tech- SEC. 215. None of the funds made available
for investigative purposes to locate or inves- under this Act, other than for the national in-
tigate illicit activities, including precursor diver- nology program having total estimated develop-
ment costs in excess of $100,000,000, unless the stant criminal background check system estab-
sion, laboratories, or methamphetamine traf- lished under section 103 of the Brady Handgun
fickers; Deputy Attorney General and the investment re-
view board certify to the Committees on Appro- Violence Prevention Act (34 U.S.C. 40901), may
(4) $35,000,000 is for competitive grants to be used by a Federal law enforcement officer to
statewide law enforcement agencies in States priations of the House of Representatives and
the Senate that the information technology pro- facilitate the transfer of an operable firearm to
with high rates of primary treatment admissions an individual if the Federal law enforcement of-
for heroin and other opioids: Provided, That gram has appropriate program management con-
trols and contractor oversight mechanisms in ficer knows or suspects that the individual is an
these funds shall be utilized for investigative agent of a drug cartel, unless law enforcement
purposes to locate or investigate illicit activities, place, and that the program is compatible with
the enterprise architecture of the Department of personnel of the United States continuously
including activities related to the distribution of monitor or control the firearm at all times.
heroin or unlawful distribution of prescription Justice.
SEC. 209. The notification thresholds and pro- SEC. 216. (a) None of the income retained in
opioids, or unlawful heroin and prescription the Department of Justice Working Capital
opioid traffickers through statewide collabora- cedures set forth in section 505 of this Act shall
apply to deviations from the amounts designated Fund pursuant to title I of Public Law 102–140
tion; (105 Stat. 784; 28 U.S.C. 527 note) shall be avail-
(5) $53,000,000 is for competitive grants to be for specific activities in this Act and in the ex-
planatory statement described in section 4 (in able for obligation during fiscal year 2021, ex-
administered by the Community Oriented Polic-
the matter preceding division A of this consoli- cept up to $12,000,000 may be obligated for im-
ing Services Office for purposes authorized
dated Act), and to any use of deobligated bal- plementation of a unified Department of Justice
under the STOP School Violence Act (title V of
ances of funds provided under this title in pre- financial management system.
division S of Public Law 115–141); and
vious years. (b) Not to exceed $30,000,000 of the unobli-
(6) $35,000,000 is for community policing devel-
SEC. 210. None of the funds appropriated by gated balances transferred to the capital ac-
opment activities in furtherance of section 1701
this Act may be used to plan for, begin, con- count of the Department of Justice Working
of title I of the 1968 Act (34 U.S.C. 10381).
tinue, finish, process, or approve a public-pri- Capital Fund pursuant to title I of Public Law
GENERAL PROVISIONS—DEPARTMENT OF JUSTICE 102–140 (105 Stat. 784; 28 U.S.C. 527 note) shall
vate competition under the Office of Manage-
(INCLUDING TRANSFER OF FUNDS) ment and Budget Circular A–76 or any successor be available for obligation in fiscal year 2021,
SEC. 201. In addition to amounts otherwise administrative regulation, directive, or policy and any use, obligation, transfer, or allocation
made available in this title for official reception for work performed by employees of the Bureau of such funds shall be treated as a reprogram-
and representation expenses, a total of not to of Prisons or of Federal Prison Industries, In- ming of funds under section 505 of this Act.
exceed $50,000 from funds appropriated to the corporated. (c) Not to exceed $10,000,000 of the excess un-
Department of Justice in this title shall be avail- SEC. 211. Notwithstanding any other provision obligated balances available under section
able to the Attorney General for official recep- of law, no funds shall be available for the sal- 524(c)(8)(E) of title 28, United States Code, shall
tion and representation expenses. ary, benefits, or expenses of any United States be available for obligation during fiscal year
SEC. 202. None of the funds appropriated by Attorney assigned dual or additional respon- 2021, and any use, obligation, transfer or alloca-
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this title shall be available to pay for an abor- sibilities by the Attorney General or his designee tion of such funds shall be treated as a re-
tion, except where the life of the mother would that exempt that United States Attorney from programming of funds under section 505 of this
be endangered if the fetus were carried to term, the residency requirements of section 545 of title Act.
or in the case of rape or incest: Provided, That 28, United States Code. SEC. 217. Discretionary funds that are made
should this prohibition be declared unconstitu- SEC. 212. At the discretion of the Attorney available in this Act for the Office of Justice
tional by a court of competent jurisdiction, this General, and in addition to any amounts that Programs may be used to participate in Perform-
section shall be null and void. otherwise may be available (or authorized to be ance Partnership Pilots authorized under such
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H7346 CONGRESSIONAL RECORD — HOUSE December 21, 2020
authorities as have been enacted for Perform- National Space Council for purposes provided EXPLORATION
ance Partnership Pilots in appropriations acts herein. For necessary expenses, not otherwise pro-
in prior fiscal years and the current fiscal year. NATIONAL AERONAUTICS AND SPACE vided for, in the conduct and support of explo-
SEC. 218. Section 1930(a)(6)(B) of title 28, ADMINISTRATION ration research and development activities, in-
United States Code, shall be applied for this fis- cluding research, development, operations, sup-
cal year and next fiscal year by substituting ‘‘ SCIENCE
port, and services; maintenance and repair, fa-
$300,000,000’’ for ‘‘ $200,000,000’’. For necessary expenses, not otherwise pro- cility planning and design; space flight, space-
SEC. 219. Section 527 of title 28, United States vided for, in the conduct and support of science craft control, and communications activities;
Code, is amended in the third sentence by in- research and development activities, including program management; personnel and related
serting ‘‘: (1)’’ before ‘‘the Department’’ and by research, development, operations, support, and costs, including uniforms or allowances there-
inserting ‘‘; and (2) federally recognized tribes services; maintenance and repair, facility plan- for, as authorized by sections 5901 and 5902 of
for supplies, materials, and services related to ning and design; space flight, spacecraft con- title 5, United States Code; travel expenses; pur-
access to Federal law enforcement databases;’’ trol, and communications activities; program chase and hire of passenger motor vehicles; and
after ‘‘and services’’. management; personnel and related costs, in- purchase, lease, charter, maintenance, and op-
SEC. 220. Section 1825 of title 28, United States cluding uniforms or allowances therefor, as au- eration of mission and administrative aircraft,
Code, is amended: thorized by sections 5901 and 5902 of title 5, $6,555,400,000, to remain available until Sep-
(a) in subsections (a) and (b) by striking United States Code; travel expenses; purchase tember 30, 2022: Provided, That not less than
‘‘United States marshal for the district’’ each and hire of passenger motor vehicles; and pur- $1,406,700,000 shall be for the Orion Multi-Pur-
place it appears and inserting ‘‘Attorney Gen- chase, lease, charter, maintenance, and oper- pose Crew Vehicle: Provided further, That not
eral’’; and ation of mission and administrative aircraft, less than $2,585,900,000 shall be for the Space
(b) in subsection (c) by striking ‘‘United States $7,301,000,000, to remain available until Sep- Launch System (SLS) launch vehicle, which
marshal’’ and inserting ‘‘Attorney General’’. tember 30, 2022: Provided, That, $2,000,000,000 shall have a lift capability not less than 130
SEC. 221. Section 151 of the Foreign Relations shall be for Earth Science; $2,700,000,000 shall be metric tons and which shall have core elements
Authorization Act, Fiscal Years 1990 and 1991 for Planetary Science; $1,356,200,000 shall be for and an Exploration Upper Stage developed si-
(Public Law 101–246; 5 U.S.C. 5928 note), is Astrophysics; $414,700,000 shall be for the James multaneously to be used to the maximum extent
amended— Webb Space Telescope; $751,000,000 shall be for practicable, including for Earth to Moon mis-
(1) by striking ‘‘or’’ after ‘‘Drug Enforcement Heliophysics, and $79,100,000 shall be for Bio- sions and Moon landings: Provided further,
Administration’’ and inserting ‘‘, the’’; and logical and Physical Science: Provided further, That of the amounts provided for SLS, not less
(2) by inserting ‘‘, or the United States Mar- That the National Aeronautics and Space Ad- than $400,000,000 shall be for SLS Block 1B de-
shals Service’’ after ‘‘Federal Bureau of Inves- ministration shall use the Space Launch System velopment including the Exploration Upper
tigation’’. (SLS) for the Europa Clipper mission if the SLS Stage and associated systems including related
SEC. 222. There is hereby appropriated is available and if torsional loading analysis facilitization, to support an SLS Block 1B mis-
$5,000,000, to remain available until expended, has confirmed Clipper’s appropriateness for sion available to launch in 2025 in addition to
for an additional amount for ‘‘Department of SLS: Provided further, That, if the conditions in the planned Block 1 missions for Artemis 1
Justice—General Administration’’, for expenses the preceding proviso cannot be met, the Admin- through Artemis 3: Provided further, That
associated with the development and operation istrator shall conduct a full and open competi- $590,000,000 shall be for Exploration Ground
of a database concerning substantiated in- tion, that is not limited to the launch vehicles Systems and associated Block 1B activities, in-
stances of excessive use of force related to law listed in the NLS-II contract of the Launch cluding $74,000,000 for a second mobile launch
enforcement matters and officer misconduct, as Services Program as of the date of the enact- platform: Provided further, That the National
described by, and subject to the requirements of, ment of this Act, to select a commercial launch Aeronautics and Space Administration shall
section 3 of Executive Order 13929 (June 16, vehicle for Europa Clipper. provide to the Committees on Appropriations of
2020), as such Executive Order was in effect on the House of Representatives and the Senate,
AERONAUTICS
the date of the enactment of this Act: Provided, concurrent with the annual budget submission,
That the Attorney General may transfer the For necessary expenses, not otherwise pro-
vided for, in the conduct and support of aero- a 5-year budget profile for an integrated system
funds provided in this section to other appro- that includes the SLS, the Orion Multi-Purpose
priations accounts in the Department of Justice nautics research and development activities, in-
cluding research, development, operations, sup- Crew Vehicle, and associated ground systems
to use for expenses associated with the develop- that will ensure a crewed launch as early as
ment and operation of such database: Provided port, and services; maintenance and repair, fa-
cility planning and design; space flight, space- possible, as well as a system-based funding pro-
further, That the transfer authority in the pre- file for a sustained launch cadence that con-
ceding proviso is in addition to any other trans- craft control, and communications activities;
program management; personnel and related templates the use of an SLS Block 1B cargo var-
fer authority contained in this Act: Provided iant and associated ground systems: Provided
further, That any transfer pursuant to the first costs, including uniforms or allowances there-
for, as authorized by sections 5901 and 5902 of further, That $1,972,800,000 shall be for explo-
proviso shall be treated as a reprogramming ration research and development.
under section 505 of this Act and shall not be title 5, United States Code; travel expenses; pur-
available for obligation or expenditure except in chase and hire of passenger motor vehicles; and SPACE OPERATIONS
compliance with the procedures set forth in that purchase, lease, charter, maintenance, and op- For necessary expenses, not otherwise pro-
section. eration of mission and administrative aircraft, vided for, in the conduct and support of space
This title may be cited as the ‘‘Department of $828,700,000, to remain available until September operations research and development activities,
Justice Appropriations Act, 2021’’. 30, 2022. including research, development, operations,
TITLE III SPACE TECHNOLOGY support and services; space flight, spacecraft
control, and communications activities, includ-
SCIENCE For necessary expenses, not otherwise pro-
ing operations, production, and services; main-
OFFICE OF SCIENCE AND TECHNOLOGY POLICY vided for, in the conduct and support of space
tenance and repair, facility planning and de-
technology research and development activities,
For necessary expenses of the Office of sign; program management; personnel and re-
including research, development, operations,
Science and Technology Policy, in carrying out lated costs, including uniforms or allowances
support, and services; maintenance and repair,
the purposes of the National Science and Tech- therefor, as authorized by sections 5901 and 5902
facility planning and design; space flight,
nology Policy, Organization, and Priorities Act of title 5, United States Code; travel expenses;
spacecraft control, and communications activi-
of 1976 (42 U.S.C. 6601 et seq.), hire of passenger purchase and hire of passenger motor vehicles;
ties; program management; personnel and re-
motor vehicles, and services as authorized by and purchase, lease, charter, maintenance, and
lated costs, including uniforms or allowances
section 3109 of title 5, United States Code, not to operation of mission and administrative aircraft,
therefor, as authorized by sections 5901 and 5902
exceed $2,250 for official reception and represen- $3,988,200,000, to remain available until Sep-
of title 5, United States Code; travel expenses;
tation expenses, and rental of conference rooms tember 30, 2022.
purchase and hire of passenger motor vehicles;
in the District of Columbia, $5,544,000. SCIENCE, TECHNOLOGY, ENGINEERING, AND
and purchase, lease, charter, maintenance, and
NATIONAL SPACE COUNCIL operation of mission and administrative aircraft, MATHEMATICS ENGAGEMENT
For necessary expenses of the National Space $1,100,000,000, to remain available until Sep- For necessary expenses, not otherwise pro-
Council, in carrying out the purposes of title V tember 30, 2022: Provided, That $227,000,000 vided for, in the conduct and support of aero-
of Public Law 100–685 and Executive Order No. shall be for RESTORE–L/SPace Infrastructure space and aeronautical education research and
13803, hire of passenger motor vehicles, and DExterous Robot: Provided further, That development activities, including research, de-
services as authorized by section 3109 of title 5, $110,000,000 shall be for the development, pro- velopment, operations, support, and services;
United States Code, not to exceed $2,250 for offi- duction, and demonstration of a nuclear ther- program management; personnel and related
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cial reception and representation expenses, mal propulsion system, of which $80,000,000 costs, including uniforms or allowances there-
$1,965,000: Provided, That notwithstanding any shall be for the design of a flight demonstration for, as authorized by sections 5901 and 5902 of
other provision of law, the National Space system: Provided further, That, not later than title 5, United States Code; travel expenses; pur-
Council may accept personnel support from Fed- 180 days after the enactment of this Act, the Na- chase and hire of passenger motor vehicles; and
eral agencies, departments, and offices, and tional Aeronautics and Space Administration purchase, lease, charter, maintenance, and op-
such Federal agencies, departments, and offices shall provide a plan for the design of a flight eration of mission and administrative aircraft,
may detail staff without reimbursement to the demonstration. $127,000,000, to remain available until September
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H7347
30, 2022, of which $26,000,000 shall be for the Es- the same time period as the appropriations to $6,909,769,000, to remain available until Sep-
tablished Program to Stimulate Competitive Re- which transferred. Any transfer pursuant to tember 30, 2022, of which not to exceed
search and $51,000,000 shall be for the National this provision shall be treated as a reprogram- $544,000,000 shall remain available until ex-
Space Grant College and Fellowship Program. ming of funds under section 505 of this Act and pended for polar research and operations sup-
SAFETY, SECURITY AND MISSION SERVICES shall not be available for obligation except in port, and for reimbursement to other Federal
compliance with the procedures set forth in that agencies for operational and science support
For necessary expenses, not otherwise pro-
section. and logistical and other related activities for the
vided for, in the conduct and support of science,
Not to exceed 5 percent of any appropriation United States Antarctic program: Provided,
aeronautics, space technology, exploration,
provided for the National Aeronautics and That receipts for scientific support services and
space operations and education research and
Space Administration under previous appropria- materials furnished by the National Research
development activities, including research, de-
tions Acts that remains available for obligation Centers and other National Science Foundation
velopment, operations, support, and services;
or expenditure in fiscal year 2021 may be trans- supported research facilities may be credited to
maintenance and repair, facility planning and
ferred between such appropriations, but no such this appropriation.
design; space flight, spacecraft control, and
appropriation, except as otherwise specifically MAJOR RESEARCH EQUIPMENT AND FACILITIES
communications activities; program manage-
provided, shall be increased by more than 10 CONSTRUCTION
ment; personnel and related costs, including
percent by any such transfers. Any transfer
uniforms or allowances therefor, as authorized For necessary expenses for the acquisition,
pursuant to this provision shall retain its origi-
by sections 5901 and 5902 of title 5, United States construction, commissioning, and upgrading of
nal availability and shall be treated as a re-
Code; travel expenses; purchase and hire of pas- major research equipment, facilities, and other
programming of funds under section 505 of this
senger motor vehicles; not to exceed $63,000 for such capital assets pursuant to the National
Act and shall not be available for obligation ex-
official reception and representation expenses; Science Foundation Act of 1950 (42 U.S.C. 1861
cept in compliance with the procedures set forth
and purchase, lease, charter, maintenance, and et seq.), including authorized travel,
in that section.
operation of mission and administrative aircraft, The spending plan required by this Act shall $241,000,000, to remain available until expended.
$2,936,500,000, to remain available until Sep- be provided by the National Aeronautics and EDUCATION AND HUMAN RESOURCES
tember 30, 2022: Provided, That if available bal- Space Administration at the theme, program, For necessary expenses in carrying out
ances in the ‘‘Science, Space, and Technology project, and activity level. The spending plan, science, mathematics, and engineering edu-
Education Trust Fund’’ are not sufficient to as well as any subsequent change of an amount cation and human resources programs and ac-
provide for the grant disbursements required established in that spending plan that meets the tivities pursuant to the National Science Foun-
under the third and fourth provisos under such notification requirements of section 505 of this dation Act of 1950 (42 U.S.C. 1861 et seq.), in-
heading in the Department of Housing and Act, shall be treated as a reprogramming under cluding services as authorized by section 3109 of
Urban Development-Independent Agencies Ap- section 505 of this Act and shall not be available title 5, United States Code, authorized travel,
propriations Act, 1989 (Public Law 100–404) as for obligation or expenditure except in compli- and rental of conference rooms in the District of
amended by the Departments of Veterans Af- ance with the procedures set forth in that sec- Columbia, $968,000,000, to remain available until
fairs and Housing and Urban Development, and tion. September 30, 2022.
Independent Agencies Appropriations Act, 1995 Not more than 40 percent of the amounts made
(Public Law 103–327) up to $1,000,000 shall be AGENCY OPERATIONS AND AWARD MANAGEMENT
available in this Act for the Gateway; Advanced
available from amounts made available under Cislunar and Surface Capabilities; Commercial For agency operations and award manage-
this heading to make such grant disbursements. LEO Development; Human Landing System; ment necessary in carrying out the National
CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE and Lunar Discovery and Exploration, exclud- Science Foundation Act of 1950 (42 U.S.C. 1861
AND RESTORATION ing the Lunar Reconnaissance Orbiter, may be et seq.); services authorized by section 3109 of
obligated until the Administrator submits a title 5, United States Code; hire of passenger
For necessary expenses for construction of fa-
multi-year plan to the Committees on Appro- motor vehicles; uniforms or allowances therefor,
cilities including repair, rehabilitation, revital-
priations of the House of Representatives and as authorized by sections 5901 and 5902 of title
ization, and modification of facilities, construc-
the Senate that identifies estimated dates, by 5, United States Code; rental of conference
tion of new facilities and additions to existing
fiscal year, for Space Launch System flights to rooms in the District of Columbia; and reim-
facilities, facility planning and design, and res-
build the Gateway; the commencement of part- bursement of the Department of Homeland Secu-
toration, and acquisition or condemnation of
nerships with commercial entities for additional rity for security guard services; $345,640,000:
real property, as authorized by law, and envi-
LEO missions to land humans and rovers on the Provided, That not to exceed $8,280 is for official
ronmental compliance and restoration,
Moon; and conducting additional scientific ac- reception and representation expenses: Provided
$390,278,000, to remain available until September
tivities on the Moon. The multi-year plan shall further, That contracts may be entered into
30, 2026: Provided, That proceeds from leases de-
include key milestones to be met by fiscal year under this heading in fiscal year 2021 for main-
posited into this account shall be available for a
to achieve goals for each of the lunar programs tenance and operation of facilities and for other
period of 5 years to the extent and in amounts
described in the previous sentence and funding services to be provided during the next fiscal
as provided in annual appropriations Acts: Pro-
required by fiscal year to achieve such mile- year.
vided further, That such proceeds referred to in
the preceding proviso shall be available for obli- stones, as well as funding provided in fiscal OFFICE OF THE NATIONAL SCIENCE BOARD
gation for fiscal year 2021 in an amount not to year 2021 and previous years. For necessary expenses (including payment of
exceed $18,700,000: Provided further, That each Of the amounts provided for Exploration Sys- salaries, authorized travel, hire of passenger
annual budget request shall include an annual tems Development, $25,000,000 shall be trans- motor vehicles, the rental of conference rooms in
estimate of gross receipts and collections and ferred to Construction and Environmental Com- the District of Columbia, and the employment of
proposed use of all funds collected pursuant to pliance and Restoration (CECR) for Exploration experts and consultants under section 3109 of
section 20145 of title 51, United States Code. Construction of Facilities consistent with direc- title 5, United States Code) involved in carrying
tion provided in the explanatory statement de- out section 4 of the National Science Founda-
OFFICE OF INSPECTOR GENERAL
scribed in section 4 (in the matter preceding di- tion Act of 1950 (42 U.S.C. 1863) and Public Law
For necessary expenses of the Office of In- vision A of this consolidated Act). The authority 86–209 (42 U.S.C. 1880 et seq.), $4,500,000: Pro-
spector General in carrying out the Inspector provided by this paragraph is in addition to the vided, That not to exceed $2,500 shall be avail-
General Act of 1978, $44,200,000, of which authority provided by the second paragraph able for official reception and representation ex-
$500,000 shall remain available until September under this heading. penses.
30, 2022. Not more than 20 percent or $50,000,000,
OFFICE OF INSPECTOR GENERAL
ADMINISTRATIVE PROVISIONS whichever is less, of the amounts made available
in the current-year CECR appropriation may be For necessary expenses of the Office of In-
(INCLUDING TRANSFERS OF FUNDS)
applied to CECR projects funded under previous spector General as authorized by the Inspector
Funds for any announced prize otherwise au- General Act of 1978, $17,850,000, of which
years’ CECR appropriation Acts. Use of current-
thorized shall remain available, without fiscal $400,000 shall remain available until September
year funds under this provision shall be treated
year limitation, until a prize is claimed or the 30, 2022.
as a reprogramming of funds under section 505
offer is withdrawn.
of this act and shall not be available for obliga- ADMINISTRATIVE PROVISIONS
Not to exceed 5 percent of any appropriation
tion except in compliance with the procedures (INCLUDING TRANSFER OF FUNDS)
made available for the current fiscal year for
set forth in that section.
the National Aeronautics and Space Adminis- Not to exceed 5 percent of any appropriation
tration in this Act may be transferred between NATIONAL SCIENCE FOUNDATION made available for the current fiscal year for
such appropriations, but no such appropriation, RESEARCH AND RELATED ACTIVITIES the National Science Foundation in this Act
except as otherwise specifically provided, shall For necessary expenses in carrying out the may be transferred between such appropria-
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be increased by more than 10 percent by any National Science Foundation Act of 1950 (42 tions, but no such appropriation shall be in-
such transfers. Any funds transferred to ‘‘Con- U.S.C. 1861 et seq.), and Public Law 86–209 (42 creased by more than 10 percent by any such
struction and Environmental Compliance and U.S.C. 1880 et seq.); services as authorized by transfers. Any transfer pursuant to this para-
Restoration’’ for construction activities shall section 3109 of title 5, United States Code; main- graph shall be treated as a reprogramming of
not increase that account by more than 20 per- tenance and operation of aircraft and purchase funds under section 505 of this Act and shall not
cent. Balances so transferred shall be merged of flight services for research support; acquisi- be available for obligation except in compliance
with and available for the same purposes and tion of aircraft; and authorized travel; with the procedures set forth in that section.
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H7348 CONGRESSIONAL RECORD — HOUSE December 21, 2020
The Director of the National Science Founda- LEGAL SERVICES CORPORATION 505 of this Act, the State Justice Institute shall
tion (NSF) shall notify the Committees on Ap- PAYMENT TO THE LEGAL SERVICES CORPORATION be considered an agency of the United States
propriations of the House of Representatives For payment to the Legal Services Corpora- Government.
and the Senate at least 30 days in advance of tion to carry out the purposes of the Legal Serv- TITLE V
any planned divestment through transfer, de- ices Corporation Act of 1974, $465,000,000, of GENERAL PROVISIONS
commissioning, termination, or deconstruction which $425,500,000 is for basic field programs (INCLUDING RESCISSIONS)
of any NSF-owned facilities or any NSF capital and required independent audits; $5,500,000 is
assets (including land, structures, and equip- (INCLUDING TRANSFER OF FUNDS)
for the Office of Inspector General, of which
ment) valued greater than $2,500,000. SEC. 501. No part of any appropriation con-
such amounts as may be necessary may be used
This title may be cited as the ‘‘Science Appro- tained in this Act shall be used for publicity or
to conduct additional audits of recipients;
priations Act, 2021’’. propaganda purposes not authorized by the
$23,000,000 is for management and grants over-
Congress.
TITLE IV sight; $4,250,000 is for client self-help and infor- SEC. 502. No part of any appropriation con-
mation technology; $4,750,000 is for a Pro Bono tained in this Act shall remain available for ob-
RELATED AGENCIES
Innovation Fund; and $2,000,000 is for loan re- ligation beyond the current fiscal year unless
COMMISSION ON CIVIL RIGHTS payment assistance: Provided, That the Legal expressly so provided herein.
SALARIES AND EXPENSES Services Corporation may continue to provide SEC. 503. The expenditure of any appropria-
locality pay to officers and employees at a rate tion under this Act for any consulting service
For necessary expenses of the Commission on no greater than that provided by the Federal
Civil Rights, including hire of passenger motor through procurement contract, pursuant to sec-
Government to Washington, DC-based employ- tion 3109 of title 5, United States Code, shall be
vehicles, $12,500,000: Provided, That none of the ees as authorized by section 5304 of title 5,
funds appropriated in this paragraph may be limited to those contracts where such expendi-
United States Code, notwithstanding section tures are a matter of public record and available
used to employ any individuals under Schedule 1005(d) of the Legal Services Corporation Act (42
C of subpart C of part 213 of title 5 of the Code for public inspection, except where otherwise
U.S.C. 2996d(d)): Provided further, That the au- provided under existing law, or under existing
of Federal Regulations exclusive of one special thorities provided in section 205 of this Act shall
assistant for each Commissioner: Provided fur- Executive order issued pursuant to existing law.
be applicable to the Legal Services Corporation: SEC. 504. If any provision of this Act or the
ther, That none of the funds appropriated in Provided further, That, for the purposes of sec-
this paragraph shall be used to reimburse Com- application of such provision to any person or
tion 505 of this Act, the Legal Services Corpora- circumstances shall be held invalid, the remain-
missioners for more than 75 billable days, with tion shall be considered an agency of the United
the exception of the chairperson, who is per- der of the Act and the application of each provi-
States Government. sion to persons or circumstances other than
mitted 125 billable days: Provided further, That
ADMINISTRATIVE PROVISION—LEGAL SERVICES those as to which it is held invalid shall not be
the Chair may accept and use any gift or dona-
tion to carry out the work of the Commission: CORPORATION affected thereby.
None of the funds appropriated in this Act to SEC. 505. None of the funds provided under
Provided further, That none of the funds appro-
the Legal Services Corporation shall be ex- this Act, or provided under previous appropria-
priated in this paragraph shall be used for any
pended for any purpose prohibited or limited by, tions Acts to the agencies funded by this Act
activity or expense that is not explicitly author-
or contrary to any of the provisions of, sections that remain available for obligation or expendi-
ized by section 3 of the Civil Rights Commission
501, 502, 503, 504, 505, and 506 of Public Law ture in fiscal year 2021, or provided from any ac-
Act of 1983 (42 U.S.C. 1975a): Provided further,
105–119, and all funds appropriated in this Act counts in the Treasury of the United States de-
That notwithstanding the preceding proviso,
to the Legal Services Corporation shall be sub- rived by the collection of fees available to the
$500,000 shall be used to separately fund the
ject to the same terms and conditions set forth agencies funded by this Act, shall be available
Commission on the Social Status of Black Men
in such sections, except that all references in for obligation or expenditure through a re-
and Boys.
sections 502 and 503 to 1997 and 1998 shall be programming of funds that: (1) creates or initi-
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION deemed to refer instead to 2020 and 2021, respec- ates a new program, project, or activity; (2)
SALARIES AND EXPENSES tively. eliminates a program, project, or activity; (3) in-
creases funds or personnel by any means for
For necessary expenses of the Equal Employ- MARINE MAMMAL COMMISSION
any project or activity for which funds have
ment Opportunity Commission as authorized by SALARIES AND EXPENSES been denied or restricted; (4) relocates an office
title VII of the Civil Rights Act of 1964, the Age For necessary expenses of the Marine Mam- or employees; (5) reorganizes or renames offices,
Discrimination in Employment Act of 1967, the mal Commission as authorized by title II of the programs, or activities; (6) contracts out or
Equal Pay Act of 1963, the Americans with Dis- Marine Mammal Protection Act of 1972 (16 privatizes any functions or activities presently
abilities Act of 1990, section 501 of the Rehabili- U.S.C. 1361 et seq.), $3,769,000. performed by Federal employees; (7) augments
tation Act of 1973, the Civil Rights Act of 1991, existing programs, projects, or activities in ex-
OFFICE OF THE UNITED STATES TRADE
the Genetic Information Nondiscrimination Act cess of $500,000 or 10 percent, whichever is less,
REPRESENTATIVE
(GINA) of 2008 (Public Law 110–233), the ADA or reduces by 10 percent funding for any pro-
Amendments Act of 2008 (Public Law 110–325), SALARIES AND EXPENSES
gram, project, or activity, or numbers of per-
and the Lilly Ledbetter Fair Pay Act of 2009 For necessary expenses of the Office of the
sonnel by 10 percent; or (8) results from any
(Public Law 111–2), including services as au- United States Trade Representative, including
general savings, including savings from a reduc-
thorized by section 3109 of title 5, United States the hire of passenger motor vehicles and the em-
tion in personnel, which would result in a
Code; hire of passenger motor vehicles as au- ployment of experts and consultants as author-
change in existing programs, projects, or activi-
thorized by section 1343(b) of title 31, United ized by section 3109 of title 5, United States
ties as approved by Congress; unless the House
States Code; nonmonetary awards to private Code, $55,000,000, of which $1,000,000 shall re-
and Senate Committees on Appropriations are
citizens; and up to $31,500,000 for payments to main available until expended: Provided, That
notified 15 days in advance of such reprogram-
State and local enforcement agencies for author- of the total amount made available under this
ming of funds.
ized services to the Commission, $404,490,000: heading, not to exceed $124,000 shall be avail-
SEC. 506. (a) If it has been finally determined
Provided, That the Commission is authorized to able for official reception and representation ex-
by a court or Federal agency that any person
make available for official reception and rep- penses.
intentionally affixed a label bearing a ‘‘Made in
resentation expenses not to exceed $2,250 from TRADE ENFORCEMENT TRUST FUND America’’ inscription, or any inscription with
available funds: Provided further, That the (INCLUDING TRANSFER OF FUNDS) the same meaning, to any product sold in or
Commission may take no action to implement shipped to the United States that is not made in
For activities of the United States Trade Rep-
any workforce repositioning, restructuring, or the United States, the person shall be ineligible
resentative authorized by section 611 of the
reorganization until such time as the Commit- to receive any contract or subcontract made
Trade Facilitation and Trade Enforcement Act
tees on Appropriations of the House of Rep- with funds made available in this Act, pursuant
of 2015 (19 U.S.C. 4405), including transfers,
resentatives and the Senate have been notified to the debarment, suspension, and ineligibility
$15,000,000, to be derived from the Trade En-
of such proposals, in accordance with the re- procedures described in sections 9.400 through
forcement Trust Fund: Provided, That any
programming requirements of section 505 of this 9.409 of title 48, Code of Federal Regulations.
transfer pursuant to subsection (d)(1) of such
Act: Provided further, That the Chair may ac- (b)(1) To the extent practicable, with respect
section shall be treated as a reprogramming
cept and use any gift or donation to carry out to authorized purchases of promotional items,
under section 505 of this Act.
the work of the Commission. funds made available by this Act shall be used
STATE JUSTICE INSTITUTE
INTERNATIONAL TRADE COMMISSION to purchase items that are manufactured, pro-
SALARIES AND EXPENSES duced, or assembled in the United States, its ter-
SALARIES AND EXPENSES
For necessary expenses of the State Justice In- ritories or possessions.
ctelli on DSK11ZRN23PROD with HOUSE
For necessary expenses of the International stitute, as authorized by the State Justice Insti- (2) The term ‘‘promotional items’’ has the
Trade Commission, including hire of passenger tute Act of 1984 (42 U.S.C. 10701 et seq.) meaning given the term in OMB Circular A–87,
motor vehicles and services as authorized by sec- $7,000,000, of which $500,000 shall remain avail- Attachment B, Item (1)(f)(3).
tion 3109 of title 5, United States Code, and not able until September 30, 2022: Provided, That SEC. 507. (a) The Departments of Commerce
to exceed $2,250 for official reception and rep- not to exceed $2,250 shall be available for offi- and Justice, the National Science Foundation,
resentation expenses, $103,000,000, to remain cial reception and representation expenses: Pro- and the National Aeronautics and Space Ad-
available until expended. vided further, That, for the purposes of section ministration shall provide to the Committees on
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H7349
Appropriations of the House of Representatives Act (5 U.S.C. App.), of grants or contracts for perts, a mitigation strategy for any identified
and the Senate a quarterly report on the status which funds are appropriated by this Act, and risks;
of balances of appropriations at the account shall submit reports to Congress on the progress (2) determined, in consultation with NIST and
level. For unobligated, uncommitted balances of such audits, which may include preliminary the FBI, that the acquisition of such system is
and unobligated, committed balances the quar- findings and a description of areas of particular in the national interest of the United States;
terly reports shall separately identify the interest, within 180 days after initiating such an and
amounts attributable to each source year of ap- audit and every 180 days thereafter until any (3) reported that determination to the Commit-
propriation from which the balances were de- such audit is completed. tees on Appropriations of the House of Rep-
rived. For balances that are obligated, but unex- (b) Within 60 days after the date on which an resentatives and the Senate and the agency In-
pended, the quarterly reports shall separately audit described in subsection (a) by an Inspector spector General.
identify amounts by the year of obligation. General is completed, the Secretary, Attorney SEC. 515. None of the funds made available in
(b) The report described in subsection (a) shall General, Administrator, Director, or President, this Act shall be used in any way whatsoever to
be submitted within 30 days of the end of each as appropriate, shall make the results of the support or justify the use of torture by any offi-
quarter. audit available to the public on the Internet cial or contract employee of the United States
(c) If a department or agency is unable to ful- website maintained by the Department, Admin- Government.
fill any aspect of a reporting requirement de- istration, Foundation, or Corporation, respec- SEC. 516. None of the funds made available in
scribed in subsection (a) due to a limitation of a tively. The results shall be made available in re- this Act may be used to include in any new bi-
current accounting system, the department or dacted form to exclude— lateral or multilateral trade agreement the text
agency shall fulfill such aspect to the maximum (1) any matter described in section 552(b) of of—
extent practicable under such accounting system title 5, United States Code; and (1) paragraph 2 of article 16.7 of the United
and shall identify and describe in each quar- (2) sensitive personal information for any in- States–Singapore Free Trade Agreement;
terly report the extent to which such aspect is dividual, the public access to which could be (2) paragraph 4 of article 17.9 of the United
not fulfilled. used to commit identity theft or for other inap- States–Australia Free Trade Agreement; or
SEC. 508. Any costs incurred by a department propriate or unlawful purposes. (3) paragraph 4 of article 15.9 of the United
or agency funded under this Act resulting from, (c) Any person awarded a grant or contract States–Morocco Free Trade Agreement.
or to prevent, personnel actions taken in re- funded by amounts appropriated by this Act SEC. 517. None of the funds made available in
sponse to funding reductions included in this shall submit a statement to the Secretary of this Act may be used to authorize or issue a na-
Act shall be absorbed within the total budgetary Commerce, the Attorney General, the Adminis- tional security letter in contravention of any of
resources available to such department or agen- trator, Director, or President, as appropriate, the following laws authorizing the Federal Bu-
cy: Provided, That the authority to transfer certifying that no funds derived from the grant reau of Investigation to issue national security
funds between appropriations accounts as may or contract will be made available through a letters: The Right to Financial Privacy Act of
be necessary to carry out this section is provided subcontract or in any other manner to another 1978; The Electronic Communications Privacy
person who has a financial interest in the per- Act of 1986; The Fair Credit Reporting Act; The
in addition to authorities included elsewhere in
son awarded the grant or contract. National Security Act of 1947; USA PATRIOT
this Act: Provided further, That use of funds to
(d) The provisions of the preceding sub- Act; USA FREEDOM Act of 2015; and the laws
carry out this section shall be treated as a re- sections of this section shall take effect 30 days
programming of funds under section 505 of this amended by these Acts.
after the date on which the Director of the Of- SEC. 518. If at any time during any quarter,
Act and shall not be available for obligation or fice of Management and Budget, in consultation
expenditure except in compliance with the pro- the program manager of a project within the ju-
with the Director of the Office of Government risdiction of the Departments of Commerce or
cedures set forth in that section: Provided fur- Ethics, determines that a uniform set of rules
ther, That for the Department of Commerce, this Justice, the National Aeronautics and Space Ad-
and requirements, substantially similar to the ministration, or the National Science Founda-
section shall also apply to actions taken for the requirements in such subsections, consistently
care and protection of loan collateral or grant tion totaling more than $75,000,000 has reason-
apply under the executive branch ethics pro- able cause to believe that the total program cost
property. gram to all Federal departments, agencies, and
SEC. 509. None of the funds provided by this has increased by 10 percent or more, the pro-
entities. gram manager shall immediately inform the re-
Act shall be available to promote the sale or ex- SEC. 514. (a) None of the funds appropriated
port of tobacco or tobacco products, or to seek spective Secretary, Administrator, or Director.
or otherwise made available under this Act may
the reduction or removal by any foreign country The Secretary, Administrator, or Director shall
be used by the Departments of Commerce and
of restrictions on the marketing of tobacco or to- notify the House and Senate Committees on Ap-
Justice, the National Aeronautics and Space Ad-
bacco products, except for restrictions which are propriations within 30 days in writing of such
ministration, or the National Science Founda-
not applied equally to all tobacco or tobacco increase, and shall include in such notice: the
tion to acquire a high-impact or moderate-im-
products of the same type. date on which such determination was made; a
pact information system, as defined for security
SEC. 510. Notwithstanding any other provision statement of the reasons for such increases; the
categorization in the National Institute of
of law, amounts deposited or available in the Standards and Technology’s (NIST) Federal In- action taken and proposed to be taken to control
Fund established by section 1402 of chapter XIV formation Processing Standard Publication 199, future cost growth of the project; changes made
of title II of Public Law 98–473 (34 U.S.C. 20101) ‘‘Standards for Security Categorization of Fed- in the performance or schedule milestones and
in any fiscal year in excess of $2,015,000,000 eral Information and Information Systems’’ un- the degree to which such changes have contrib-
shall not be available for obligation until the less the agency has— uted to the increase in total program costs or
following fiscal year: Provided, That notwith- (1) reviewed the supply chain risk for the in- procurement costs; new estimates of the total
standing section 1402(d) of such Act, of the formation systems against criteria developed by project or procurement costs; and a statement
amounts available from the Fund for obligation: NIST and the Federal Bureau of Investigation validating that the project’s management struc-
(1) $10,000,000 shall be transferred to the De- (FBI) to inform acquisition decisions for high- ture is adequate to control total project or pro-
partment of Justice Office of Inspector General impact and moderate-impact information sys- curement costs.
and remain available until expended for over- tems within the Federal Government; SEC. 519. Funds appropriated by this Act, or
sight and auditing purposes associated with this (2) reviewed the supply chain risk from the made available by the transfer of funds in this
section; and (2) 5 percent shall be available to presumptive awardee against available and rel- Act, for intelligence or intelligence related ac-
the Office for Victims of Crime for grants, con- evant threat information provided by the FBI tivities are deemed to be specifically authorized
sistent with the requirements of the Victims of and other appropriate agencies; and by the Congress for purposes of section 504 of
Crime Act, to Indian Tribes to improve services (3) in consultation with the FBI or other ap- the National Security Act of 1947 (50 U.S.C.
for victims of crime. propriate Federal entity, conducted an assess- 3094) during fiscal year 2021 until the enactment
SEC. 511. None of the funds made available to ment of any risk of cyber-espionage or sabotage of the Intelligence Authorization Act for fiscal
the Department of Justice in this Act may be associated with the acquisition of such system, year 2021.
used to discriminate against or denigrate the re- including any risk associated with such system SEC. 520. None of the funds appropriated or
ligious or moral beliefs of students who partici- being produced, manufactured, or assembled by otherwise made available by this Act may be
pate in programs for which financial assistance one or more entities identified by the United used to enter into a contract in an amount
is provided from those funds, or of the parents States Government as posing a cyber threat, in- greater than $5,000,000 or to award a grant in
or legal guardians of such students. cluding but not limited to, those that may be excess of such amount unless the prospective
SEC. 512. None of the funds made available in owned, directed, or subsidized by the People’s contractor or grantee certifies in writing to the
this Act may be transferred to any department, Republic of China, the Islamic Republic of Iran, agency awarding the contract or grant that, to
agency, or instrumentality of the United States the Democratic People’s Republic of Korea, or the best of its knowledge and belief, the con-
Government, except pursuant to a transfer made the Russian Federation. tractor or grantee has filed all Federal tax re-
by, or transfer authority provided in, this Act or (b) None of the funds appropriated or other- turns required during the three years preceding
ctelli on DSK11ZRN23PROD with HOUSE
any other appropriations Act. wise made available under this Act may be used the certification, has not been convicted of a
SEC. 513. (a) The Inspectors General of the De- to acquire a high-impact or moderate-impact in- criminal offense under the Internal Revenue
partment of Commerce, the Department of Jus- formation system reviewed and assessed under Code of 1986, and has not, more than 90 days
tice, the National Aeronautics and Space Ad- subsection (a) unless the head of the assessing prior to certification, been notified of any un-
ministration, the National Science Foundation, entity described in subsection (a) has— paid Federal tax assessment for which the liabil-
and the Legal Services Corporation shall con- (1) developed, in consultation with NIST, the ity remains unsatisfied, unless the assessment is
duct audits, pursuant to the Inspector General FBI, and supply chain risk management ex- the subject of an installment agreement or offer
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H7350 CONGRESSIONAL RECORD — HOUSE December 21, 2020
in compromise that has been approved by the (4) In the preceding 3 fiscal years, details on search’’) of the Agricultural Act of 2014 (Public
Internal Revenue Service and is not in default, the total number of expired grant accounts with Law 113–79) by the Department of Justice or the
or the assessment is the subject of a non-frivo- undisbursed balances (on the first day of each Drug Enforcement Administration.
lous administrative or judicial proceeding. fiscal year) for the department, agency, or in- SEC. 531. None of the funds made available
(RESCISSIONS) strumentality and the total finances that have under this Act to the Department of Justice may
SEC. 521. (a) Of the unobligated balances from not been obligated to a specific project remain- be used, with respect to any of the States of Ala-
prior year appropriations available to the De- ing in the accounts. bama, Alaska, Arizona, Arkansas, California,
partment of Commerce, the following funds are SEC. 525. To the extent practicable, funds Colorado, Connecticut, Delaware, Florida, Geor-
hereby permanently rescinded, not later than made available in this Act should be used to gia, Hawaii, Illinois, Indiana, Iowa, Kentucky,
September 30, 2021, from the following accounts purchase light bulbs that are ‘‘Energy Star’’ Louisiana, Maine, Maryland, Massachusetts,
in the specified amounts— qualified or have the ‘‘Federal Energy Manage- Michigan, Minnesota, Mississippi, Missouri,
(1) ‘‘Economic Development Administration, ment Program’’ designation. Montana, Nevada, New Hampshire, New Jersey,
Economic Development Assistance Programs’’, SEC. 526. (a) None of the funds made available New Mexico, New York, North Carolina, North
$10,000,000; and by this Act may be used for the National Aero- Dakota, Ohio, Oklahoma, Oregon, Pennsyl-
(2) ‘‘National Oceanic and Atmospheric Ad- nautics and Space Administration (NASA), the vania, Rhode Island, South Carolina, South Da-
ministration, Fisheries Enforcement Asset For- Office of Science and Technology Policy kota, Tennessee, Texas, Utah, Vermont, Vir-
feiture Fund’’, $5,000,000. (OSTP), or the National Space Council (NSC) to ginia, Washington, West Virginia, Wisconsin,
(b) Of the unobligated balances available to develop, design, plan, promulgate, implement, or and Wyoming, or with respect to the District of
the Department of Justice, the following funds execute a bilateral policy, program, order, or Columbia, the Commonwealth of the Northern
are hereby permanently rescinded, not later contract of any kind to participate, collaborate, Mariana Islands, the United States Virgin Is-
than September 30, 2021, from the following ac- or coordinate bilaterally in any way with China lands, Guam, or Puerto Rico, to prevent any of
counts in the specified amounts— or any Chinese-owned company unless such ac- them from implementing their own laws that au-
(1) ‘‘Working Capital Fund’’, $188,000,000; tivities are specifically authorized by a law en- thorize the use, distribution, possession, or cul-
(2) ‘‘Federal Bureau of Investigation, Salaries acted after the date of enactment of this Act. tivation of medical marijuana.
and Expenses’’, $80,000,000 including from, but (b) None of the funds made available by this SEC. 532. The Department of Commerce, the
not limited to, fees collected to defray expenses Act may be used to effectuate the hosting of of- National Aeronautics and Space Administra-
for the automation of fingerprint identification ficial Chinese visitors at facilities belonging to tion, and the National Science Foundation shall
and criminal justice information services and or utilized by NASA. provide a quarterly report to the Committees on
associated costs; (c) The limitations described in subsections (a)
(3) ‘‘State and Local Law Enforcement Activi- Appropriations of the House of Representatives
and (b) shall not apply to activities which and the Senate on any official travel to China
ties, Office of Justice Programs’’, $127,000,000; NASA, OSTP, or NSC, after consultation with
and by any employee of such Department or agency,
the Federal Bureau of Investigation, have cer- including the purpose of such travel.
(4) ‘‘State and Local Law Enforcement Activi- tified—
ties, Community Oriented Policing Services’’, SEC. 533. None of the funds provided in this
(1) pose no risk of resulting in the transfer of Act shall be available for obligation for the
$15,000,000. technology, data, or other information with na-
(c) The Departments of Commerce and Justice James Webb Space Telescope (JWST) after De-
tional security or economic security implications cember 31, 2021, if the individual identified
shall submit to the Committees on Appropria-
to China or a Chinese-owned company; and under subsection (c)(2)(E) of section 30104 of
tions of the House of Representatives and the
(2) will not involve knowing interactions with
Senate a report no later than September 1, 2021, title 51, United States Code, as responsible for
officials who have been determined by the
specifying the amount of each rescission made JWST determines that the formulation and de-
United States to have direct involvement with
pursuant to subsections (a) and (b). velopment costs (with development cost as de-
(d) The amounts rescinded in subsections (a) violations of human rights.
fined under section 30104 of title 51, United
(d) Any certification made under subsection
and (b) shall not be from amounts that were States Code) are likely to exceed $8,802,700,000,
(c) shall be submitted to the Committees on Ap-
designated by the Congress as an emergency or unless the program is modified so that the costs
propriations of the House of Representatives
disaster relief requirement pursuant to the con- do not exceed $8,802,700,000.
and the Senate, and the Federal Bureau of In-
current resolution on the budget or the Bal- SEC. 534. Of the amounts made available by
vestigation, no later than 30 days prior to the
anced Budget and Emergency Deficit Control this Act, not less than 10 percent of each total
activity in question and shall include a descrip-
Act of 1985. amount provided, respectively, for Public Works
SEC. 522. None of the funds made available in tion of the purpose of the activity, its agenda,
grants authorized by the Public Works and Eco-
this Act may be used to purchase first class or its major participants, and its location and tim-
nomic Development Act of 1965 and grants au-
premium airline travel in contravention of sec- ing.
SEC. 527. (a) None of the funds made available thorized by section 27 of the Stevenson-Wydler
tions 301–10.122 through 301–10.124 of title 41 of Technology Innovation Act of 1980 (15 U.S.C.
in this Act may be used to maintain or establish
the Code of Federal Regulations. 3722) shall be allocated for assistance in per-
SEC. 523. None of the funds made available in a computer network unless such network blocks
the viewing, downloading, and exchanging of sistent poverty counties: Provided, That for pur-
this Act may be used to send or otherwise pay poses of this section, the term ‘‘persistent pov-
for the attendance of more than 50 employees pornography.
(b) Nothing in subsection (a) shall limit the erty counties’’ means any county that has had
from a Federal department or agency, who are 20 percent or more of its population living in
stationed in the United States, at any single use of funds necessary for any Federal, State,
Tribal, or local law enforcement agency or any poverty over the past 30 years, as measured by
conference occurring outside the United States the 1990 and 2000 decennial censuses and the
unless— other entity carrying out criminal investiga-
tions, prosecution, adjudication, or other law most recent Small Area Income and Poverty Es-
(1) such conference is a law enforcement timates, or any Territory or possession of the
training or operational conference for law en- enforcement- or victim assistance-related activ-
ity. United States.
forcement personnel and the majority of Federal SEC. 535. None of the funds appropriated or
employees in attendance are law enforcement SEC. 528. The Departments of Commerce and
Justice, the National Aeronautics and Space Ad- otherwise made available in this or any other
personnel stationed outside the United States; or Act may be used to transfer, release, or assist in
(2) such conference is a scientific conference ministration, the National Science Foundation,
the Commission on Civil Rights, the Equal Em- the transfer or release to or within the United
and the department or agency head determines
ployment Opportunity Commission, the Inter- States, its territories, or possessions Khalid
that such attendance is in the national interest
national Trade Commission, the Legal Services Sheikh Mohammed or any other detainee who—
and notifies the Committees on Appropriations
Corporation, the Marine Mammal Commission, (1) is not a United States citizen or a member
of the House of Representatives and the Senate
the Offices of Science and Technology Policy of the Armed Forces of the United States; and
within at least 15 days of that determination
and the United States Trade Representative, the (2) is or was held on or after June 24, 2009, at
and the basis for that determination.
SEC. 524. The Director of the Office of Man- National Space Council, and the State Justice the United States Naval Station, Guantanamo
agement and Budget shall instruct any depart- Institute shall submit spending plans, signed by Bay, Cuba, by the Department of Defense.
ment, agency, or instrumentality of the United the respective department or agency head, to the SEC. 536. (a) None of the funds appropriated
States receiving funds appropriated under this Committees on Appropriations of the House of or otherwise made available in this or any other
Act to track undisbursed balances in expired Representatives and the Senate not later than Act may be used to construct, acquire, or modify
grant accounts and include in its annual per- 45 days after the date of enactment of this Act. any facility in the United States, its territories,
formance plan and performance and account- SEC. 529. Notwithstanding any other provision or possessions to house any individual described
ability reports the following: of this Act, none of the funds appropriated or in subsection (c) for the purposes of detention or
(1) Details on future action the department, otherwise made available by this Act may be imprisonment in the custody or under the effec-
agency, or instrumentality will take to resolve used to pay award or incentive fees for con- tive control of the Department of Defense.
ctelli on DSK11ZRN23PROD with HOUSE
undisbursed balances in expired grant accounts. tractor performance that has been judged to be (b) The prohibition in subsection (a) shall not
(2) The method that the department, agency, below satisfactory performance or for perform- apply to any modification of facilities at United
or instrumentality uses to track undisbursed ance that does not meet the basic requirements States Naval Station, Guantanamo Bay, Cuba.
balances in expired grant accounts. of a contract. (c) An individual described in this subsection
(3) Identification of undisbursed balances in SEC. 530. None of the funds made available by is any individual who, as of June 24, 2009, is lo-
expired grant accounts that may be returned to this Act may be used in contravention of section cated at United States Naval Station, Guanta-
the Treasury of the United States. 7606 (‘‘Legitimacy of Industrial Hemp Re- namo Bay, Cuba, and who—
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H7351
(1) is not a citizen of the United States or a (2) no application for the importation of such ant to section 156 of Public Law 97–377, as
member of the Armed Forces of the United model of shotgun, in the same configuration, amended (42 U.S.C. 402 note), and to the De-
States; and had been denied by the Attorney General prior partment of Defense Military Retirement Fund,
(2) is— to January 1, 2011, on the basis that the shot- $33,764,579,000.
(A) in the custody or under the effective con- gun was not particularly suitable for or readily MILITARY PERSONNEL, MARINE CORPS
trol of the Department of Defense; or adaptable to sporting purposes. For pay, allowances, individual clothing, sub-
(B) otherwise under detention at United SEC. 540. None of the funds made available by sistence, interest on deposits, gratuities, perma-
States Naval Station, Guantanamo Bay, Cuba. this Act may be obligated or expended to imple-
SEC. 537. (a) Notwithstanding any other provi- nent change of station travel (including all ex-
ment the Arms Trade Treaty until the Senate penses thereof for organizational movements),
sion of law or treaty, none of the funds appro- approves a resolution of ratification for the
priated or otherwise made available under this and expenses of temporary duty travel between
Treaty. permanent duty stations, for members of the
Act or any other Act may be expended or obli- SEC. 541. For an additional amount for
gated by a department, agency, or instrumen- Marine Corps on active duty (except members of
‘‘United States Marshals Service, Federal Pris-
tality of the United States to pay administrative the Reserve provided for elsewhere); and for
oner Detention’’, $125,000,000, to remain avail-
expenses or to compensate an officer or em- payments pursuant to section 156 of Public Law
able until expended, to prevent, prepare for, and
ployee of the United States in connection with 97–377, as amended (42 U.S.C. 402 note), and to
respond to coronavirus, domestically or inter-
requiring an export license for the export to the Department of Defense Military Retirement
nationally, including for necessary expenses re-
Canada of components, parts, accessories or at- Fund, $14,557,436,000.
lated to United States prisoners in the custody
tachments for firearms listed in Category I, sec- of the United States Marshals Service, to be MILITARY PERSONNEL, AIR FORCE
tion 121.1 of title 22, Code of Federal Regula- used only as authorized by section 4013 of title For pay, allowances, individual clothing, sub-
tions (International Trafficking in Arms Regu- 18, United States Code: Provided, That such sistence, interest on deposits, gratuities, perma-
lations (ITAR), part 121, as it existed on April 1, amount is designated by the Congress as being nent change of station travel (including all ex-
2005) with a total value not exceeding $500 for an emergency requirement pursuant to sec- penses thereof for organizational movements),
wholesale in any transaction, provided that the tion 251(b)(2)(A)(i) of the Balanced Budget and and expenses of temporary duty travel between
conditions of subsection (b) of this section are Emergency Deficit Control Act of 1985. permanent duty stations, for members of the Air
met by the exporting party for such articles. SEC. 542. For an additional amount for ‘‘Fed- Force on active duty (except members of reserve
(b) The foregoing exemption from obtaining eral Bureau of Investigation, Salaries and Ex- components provided for elsewhere), cadets, and
an export license— penses’’, $179,000,000, to remain available until aviation cadets; for members of the Reserve Offi-
(1) does not exempt an exporter from filing September 30, 2022, to prevent, prepare for, and cers’ Training Corps; and for payments pursu-
any Shipper’s Export Declaration or notification respond to coronavirus, domestically or inter- ant to section 156 of Public Law 97–377, as
letter required by law, or from being otherwise nationally, including the impact of coronavirus amended (42 U.S.C. 402 note), and to the De-
eligible under the laws of the United States to on the work of the Department of Justice, to partment of Defense Military Retirement Fund,
possess, ship, transport, or export the articles make necessary improvements to the National $32,784,171,000.
enumerated in subsection (a); and Instant Criminal Background Check System, RESERVE PERSONNEL, ARMY
(2) does not permit the export without a li- and to offset the loss resulting from the For pay, allowances, clothing, subsistence,
cense of— coronavirus pandemic of fees collected pursuant gratuities, travel, and related expenses for per-
(A) fully automatic firearms and components to section 41104 of title 34, United States Code: sonnel of the Army Reserve on active duty
and parts for such firearms, other than for end Provided, That such amount is designated by under sections 10211, 10302, and 7038 of title 10,
use by the Federal Government, or a Provincial the Congress as being for an emergency require- United States Code, or while serving on active
or Municipal Government of Canada; ment pursuant to section 251(b)(2)(A)(i) of the
(B) barrels, cylinders, receivers (frames) or duty under section 12301(d) of title 10, United
Balanced Budget and Emergency Deficit Con- States Code, in connection with performing duty
complete breech mechanisms for any firearm trol Act of 1985.
listed in Category I, other than for end use by specified in section 12310(a) of title 10, United
SEC. 543. For an additional amount for ‘‘Fed- States Code, or while undergoing reserve train-
the Federal Government, or a Provincial or Mu- eral Prison System, Salaries and Expenses’’,
nicipal Government of Canada; or ing, or while performing drills or equivalent
$300,000,000, to remain available until September duty or other duty, and expenses authorized by
(C) articles for export from Canada to another 30, 2022, to prevent, prepare for, and respond to
foreign destination. section 16131 of title 10, United States Code; and
coronavirus, domestically or internationally, in- for payments to the Department of Defense Mili-
(c) In accordance with this section, the Dis- cluding the impact of coronavirus on the work
trict Directors of Customs and postmasters shall tary Retirement Fund, $5,037,119,000.
of the Department of Justice: Provided, That
permit the permanent or temporary export with- RESERVE PERSONNEL, NAVY
such amount is designated by the Congress as
out a license of any unclassified articles speci- being for an emergency requirement pursuant to For pay, allowances, clothing, subsistence,
fied in subsection (a) to Canada for end use in section 251(b)(2)(A)(i) of the Balanced Budget gratuities, travel, and related expenses for per-
Canada or return to the United States, or tem- and Emergency Deficit Control Act of 1985. sonnel of the Navy Reserve on active duty under
porary import of Canadian-origin items from This division may be cited as the ‘‘Commerce, section 10211 of title 10, United States Code, or
Canada for end use in the United States or re- Justice, Science, and Related Agencies Appro- while serving on active duty under section
turn to Canada for a Canadian citizen. priations Act, 2021’’. 12301(d) of title 10, United States Code, in con-
(d) The President may require export licenses nection with performing duty specified in sec-
under this section on a temporary basis if the DIVISION C—DEPARTMENT OF DEFENSE
tion 12310(a) of title 10, United States Code, or
President determines, upon publication first in APPROPRIATIONS ACT, 2021
while undergoing reserve training, or while per-
the Federal Register, that the Government of TITLE I forming drills or equivalent duty, and expenses
Canada has implemented or maintained inad- MILITARY PERSONNEL authorized by section 16131 of title 10, United
equate import controls for the articles specified MILITARY PERSONNEL, ARMY States Code; and for payments to the Depart-
in subsection (a), such that a significant diver- For pay, allowances, individual clothing, sub- ment of Defense Military Retirement Fund,
sion of such articles has and continues to take sistence, interest on deposits, gratuities, perma- $2,200,600,000.
place for use in international terrorism or in the nent change of station travel (including all ex- RESERVE PERSONNEL, MARINE CORPS
escalation of a conflict in another nation. The penses thereof for organizational movements), For pay, allowances, clothing, subsistence,
President shall terminate the requirements of a and expenses of temporary duty travel between gratuities, travel, and related expenses for per-
license when reasons for the temporary require- permanent duty stations, for members of the sonnel of the Marine Corps Reserve on active
ments have ceased. Army on active duty (except members of reserve duty under section 10211 of title 10, United
SEC. 538. Notwithstanding any other provision
components provided for elsewhere), cadets, and States Code, or while serving on active duty
of law, no department, agency, or instrumen-
aviation cadets; for members of the Reserve Offi- under section 12301(d) of title 10, United States
tality of the United States receiving appro-
cers’ Training Corps; and for payments pursu- Code, in connection with performing duty speci-
priated funds under this Act or any other Act
ant to section 156 of Public Law 97–377, as fied in section 12310(a) of title 10, United States
shall obligate or expend in any way such funds
amended (42 U.S.C. 402 note), and to the De- Code, or while undergoing reserve training, or
to pay administrative expenses or the compensa-
partment of Defense Military Retirement Fund, while performing drills or equivalent duty, and
tion of any officer or employee of the United
$44,861,853,000. for members of the Marine Corps platoon leaders
States to deny any application submitted pursu-
MILITARY PERSONNEL, NAVY class, and expenses authorized by section 16131
ant to 22 U.S.C. 2778(b)(1)(B) and qualified pur-
For pay, allowances, individual clothing, sub- of title 10, United States Code; and for payments
suant to 27 CFR section 478.112 or .113, for a
sistence, interest on deposits, gratuities, perma- to the Department of Defense Military Retire-
permit to import United States origin ‘‘curios or
nent change of station travel (including all ex- ment Fund, $843,564,000.
relics’’ firearms, parts, or ammunition.
RESERVE PERSONNEL, AIR FORCE
ctelli on DSK11ZRN23PROD with HOUSE
SEC. 539. None of the funds made available by penses thereof for organizational movements),
this Act may be used to pay the salaries or ex- and expenses of temporary duty travel between For pay, allowances, clothing, subsistence,
penses of personnel to deny, or fail to act on, an permanent duty stations, for members of the gratuities, travel, and related expenses for per-
application for the importation of any model of Navy on active duty (except members of the Re- sonnel of the Air Force Reserve on active duty
shotgun if— serve provided for elsewhere), midshipmen, and under sections 10211, 10305, and 8038 of title 10,
(1) all other requirements of law with respect aviation cadets; for members of the Reserve Offi- United States Code, or while serving on active
to the proposed importation are met; and cers’ Training Corps; and for payments pursu- duty under section 12301(d) of title 10, United
VerDate Sep 11 2014 06:23 Dec 27, 2020 Jkt 019060 PO 00000 Frm 00029 Fmt 4634 Sfmt 6333 E:\CR\FM\A21DE7.048 H21DEPT2
H7352 CONGRESSIONAL RECORD — HOUSE December 21, 2020
States Code, in connection with performing duty OPERATION AND MAINTENANCE, DEFENSE-WIDE OPERATION AND MAINTENANCE, MARINE CORPS
specified in section 12310(a) of title 10, United (INCLUDING TRANSFER OF FUNDS) RESERVE
States Code, or while undergoing reserve train- For expenses, not otherwise provided for, nec- For expenses, not otherwise provided for, nec-
ing, or while performing drills or equivalent essary for the operation and maintenance of ac- essary for the operation and maintenance, in-
duty or other duty, and expenses authorized by tivities and agencies of the Department of De- cluding training, organization, and administra-
section 16131 of title 10, United States Code; and fense (other than the military departments), as tion, of the Marine Corps Reserve; repair of fa-
for payments to the Department of Defense Mili- authorized by law, $39,048,990,000: Provided, cilities and equipment; hire of passenger motor
tary Retirement Fund, $2,193,493,000. That not more than $3,000,000 may be used for vehicles; travel and transportation; care of the
NATIONAL GUARD PERSONNEL, ARMY the Combatant Commander Initiative Fund au- dead; recruiting; procurement of services, sup-
For pay, allowances, clothing, subsistence, thorized under section 166a of title 10, United plies, and equipment; and communications,
gratuities, travel, and related expenses for per- States Code: Provided further, That not to ex- $283,494,000.
sonnel of the Army National Guard while on ceed $36,000,000 may be used for emergencies OPERATION AND MAINTENANCE, AIR FORCE
duty under sections 10211, 10302, or 12402 of title and extraordinary expenses, to be expended RESERVE
10 or section 708 of title 32, United States Code, upon the approval or authority of the Secretary For expenses, not otherwise provided for, nec-
or while serving on duty under section 12301(d) of Defense, and payments may be made upon his essary for the operation and maintenance, in-
of title 10 or section 502(f) of title 32, United certificate of necessity for confidential military cluding training, organization, and administra-
States Code, in connection with performing duty purposes: Provided further, That of the funds tion, of the Air Force Reserve; repair of facilities
specified in section 12310(a) of title 10, United provided under this heading, not less than and equipment; hire of passenger motor vehicles;
States Code, or while undergoing training, or $48,000,000 shall be made available for the Pro- travel and transportation; care of the dead; re-
while performing drills or equivalent duty or curement Technical Assistance Cooperative cruiting; procurement of services, supplies, and
other duty, and expenses authorized by section Agreement Program, of which not less than equipment; and communications, $3,268,461,000.
16131 of title 10, United States Code; and for $4,500,000 shall be available for centers defined OPERATION AND MAINTENANCE, ARMY NATIONAL
payments to the Department of Defense Military in 10 U.S.C. 2411(1)(D): Provided further, That GUARD
Retirement Fund, $8,663,999,000. none of the funds appropriated or otherwise
For expenses of training, organizing, and ad-
NATIONAL GUARD PERSONNEL, AIR FORCE made available by this Act may be used to plan
ministering the Army National Guard, including
or implement the consolidation of a budget or
For pay, allowances, clothing, subsistence, medical and hospital treatment and related ex-
appropriations liaison office of the Office of the
gratuities, travel, and related expenses for per- penses in non-Federal hospitals; maintenance,
Secretary of Defense, the office of the Secretary
sonnel of the Air National Guard on duty under operation, and repairs to structures and facili-
of a military department, or the service head-
sections 10211, 10305, or 12402 of title 10 or sec- ties; hire of passenger motor vehicles; personnel
quarters of one of the Armed Forces into a legis-
tion 708 of title 32, United States Code, or while services in the National Guard Bureau; travel
lative affairs or legislative liaison office: Pro-
serving on duty under section 12301(d) of title 10 expenses (other than mileage), as authorized by
vided further, That $18,000,000, to remain avail-
or section 502(f) of title 32, United States Code, law for Army personnel on active duty, for
able until expended, is available only for ex-
in connection with performing duty specified in Army National Guard division, regimental, and
penses relating to certain classified activities,
section 12310(a) of title 10, United States Code, battalion commanders while inspecting units in
and may be transferred as necessary by the Sec-
or while undergoing training, or while per- compliance with National Guard Bureau regula-
retary of Defense to operation and maintenance
forming drills or equivalent duty or other duty, tions when specifically authorized by the Chief,
appropriations or research, development, test
and expenses authorized by section 16131 of title National Guard Bureau; supplying and equip-
and evaluation appropriations, to be merged
10, United States Code; and for payments to the ping the Army National Guard as authorized by
with and to be available for the same time pe-
Department of Defense Military Retirement law; and expenses of repair, modification, main-
riod as the appropriations to which transferred:
Fund, $4,530,091,000. tenance, and issue of supplies and equipment
Provided further, That any ceiling on the in-
TITLE II (including aircraft), $7,350,837,000.
vestment item unit cost of items that may be
purchased with operation and maintenance OPERATION AND MAINTENANCE, AIR NATIONAL
OPERATION AND MAINTENANCE
funds shall not apply to the funds described in GUARD
OPERATION AND MAINTENANCE, ARMY For expenses of training, organizing, and ad-
the preceding proviso: Provided further, That of
For expenses, not otherwise provided for, nec- the funds provided under this heading, ministering the Air National Guard, including
essary for the operation and maintenance of the $656,140,000, of which $434,630,000, to remain medical and hospital treatment and related ex-
Army, as authorized by law, $38,418,982,000: available until September 30, 2022, shall be penses in non-Federal hospitals; maintenance,
Provided, That not to exceed $12,478,000 may be available for International Security Cooperation operation, and repairs to structures and facili-
used for emergencies and extraordinary ex- Programs and other programs to provide support ties; transportation of things, hire of passenger
penses, to be expended upon the approval or au- and assistance to foreign security forces or other motor vehicles; supplying and equipping the Air
thority of the Secretary of the Army, and pay- groups or individuals to conduct, support or fa- National Guard, as authorized by law; expenses
ments may be made upon his certificate of neces- cilitate counterterrorism, crisis response, or for repair, modification, maintenance, and issue
sity for confidential military purposes. building partner capacity programs: Provided of supplies and equipment, including those fur-
OPERATION AND MAINTENANCE, NAVY further, That the Secretary of Defense shall, not nished from stocks under the control of agencies
For expenses, not otherwise provided for, nec- less than 15 days prior to obligating funds made of the Department of Defense; travel expenses
essary for the operation and maintenance of the available in this section for International Secu- (other than mileage) on the same basis as au-
Navy and the Marine Corps, as authorized by rity Cooperation Programs, notify the congres- thorized by law for Air National Guard per-
law, $47,632,527,000: Provided, That not to ex- sional defense committees in writing of the de- sonnel on active Federal duty, for Air National
ceed $15,055,000 may be used for emergencies tails of any such obligation: Provided further, Guard commanders while inspecting units in
and extraordinary expenses, to be expended That the Secretary of Defense shall provide compliance with National Guard Bureau regula-
upon the approval or authority of the Secretary quarterly reports to the Committees on Appro- tions when specifically authorized by the Chief,
of the Navy, and payments may be made upon priations of the House of Representatives and National Guard Bureau, $6,785,853,000.
his certificate of necessity for confidential mili- the Senate on the use and status of funds made UNITED STATES COURT OF APPEALS FOR THE
tary purposes. available in this paragraph: Provided further, ARMED FORCES
That the transfer authority provided under this For salaries and expenses necessary for the
OPERATION AND MAINTENANCE, MARINE CORPS
heading is in addition to any other transfer au- United States Court of Appeals for the Armed
For expenses, not otherwise provided for, nec- thority provided elsewhere in this Act. Forces, $15,211,000, of which not to exceed $5,000
essary for the operation and maintenance of the OPERATION AND MAINTENANCE, ARMY RESERVE may be used for official representation purposes.
Marine Corps, as authorized by law,
$7,286,184,000. For expenses, not otherwise provided for, nec- ENVIRONMENTAL RESTORATION, ARMY
essary for the operation and maintenance, in- (INCLUDING TRANSFER OF FUNDS)
OPERATION AND MAINTENANCE, AIR FORCE cluding training, organization, and administra- For the Department of the Army, $264,285,000,
For expenses, not otherwise provided for, nec- tion, of the Army Reserve; repair of facilities to remain available until transferred: Provided,
essary for the operation and maintenance of the and equipment; hire of passenger motor vehicles; That the Secretary of the Army shall, upon de-
Air Force, as authorized by law, $33,528,409,000: travel and transportation; care of the dead; re- termining that such funds are required for envi-
Provided, That not to exceed $7,699,000 may be cruiting; procurement of services, supplies, and ronmental restoration, reduction and recycling
used for emergencies and extraordinary ex- equipment; and communications, $2,887,898,000. of hazardous waste, removal of unsafe buildings
penses, to be expended upon the approval or au- OPERATION AND MAINTENANCE, NAVY RESERVE and debris of the Department of the Army, or
thority of the Secretary of the Air Force, and
For expenses, not otherwise provided for, nec- for similar purposes, transfer the funds made
payments may be made upon his certificate of
ctelli on DSK11ZRN23PROD with HOUSE
essary for the operation and maintenance, in- available by this appropriation to other appro-
necessity for confidential military purposes.
cluding training, organization, and administra- priations made available to the Department of
OPERATION AND MAINTENANCE, SPACE FORCE tion, of the Navy Reserve; repair of facilities the Army, to be merged with and to be available
For expenses, not otherwise provided for, nec- and equipment; hire of passenger motor vehicles; for the same purposes and for the same time pe-
essary for the operation and maintenance of the travel and transportation; care of the dead; re- riod as the appropriations to which transferred:
Space Force, as authorized by law, cruiting; procurement of services, supplies, and Provided further, That upon a determination
$2,492,114,000. equipment; and communications, $1,115,150,000. that all or part of the funds transferred from
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H7353
this appropriation are not necessary for the pur- termining that such funds are required for envi- PROCUREMENT OF WEAPONS AND TRACKED
poses provided herein, such amounts may be ronmental restoration, reduction and recycling COMBAT VEHICLES, ARMY
transferred back to this appropriation: Provided of hazardous waste, removal of unsafe buildings For construction, procurement, production,
further, That the transfer authority provided and debris at sites formerly used by the Depart- and modification of weapons and tracked com-
under this heading is in addition to any other ment of Defense, transfer the funds made avail- bat vehicles, equipment, including ordnance,
transfer authority provided elsewhere in this able by this appropriation to other appropria- spare parts, and accessories therefor; specialized
Act. tions made available to the Department of the equipment and training devices; expansion of
ENVIRONMENTAL RESTORATION, NAVY Army, to be merged with and to be available for public and private plants, including the land
the same purposes and for the same time period necessary therefor, for the foregoing purposes,
(INCLUDING TRANSFER OF FUNDS)
as the appropriations to which transferred: Pro- and such lands and interests therein, may be ac-
For the Department of the Navy, $421,250,000, vided further, That upon a determination that
to remain available until transferred: Provided, quired, and construction prosecuted thereon
all or part of the funds transferred from this ap- prior to approval of title; and procurement and
That the Secretary of the Navy shall, upon de- propriation are not necessary for the purposes
termining that such funds are required for envi- installation of equipment, appliances, and ma-
provided herein, such amounts may be trans- chine tools in public and private plants; reserve
ronmental restoration, reduction and recycling ferred back to this appropriation: Provided fur-
of hazardous waste, removal of unsafe buildings plant and Government and contractor-owned
ther, That the transfer authority provided
and debris of the Department of the Navy, or for equipment layaway; and other expenses nec-
under this heading is in addition to any other
similar purposes, transfer the funds made avail- essary for the foregoing purposes, $3,611,887,000,
transfer authority provided elsewhere in this
able by this appropriation to other appropria- to remain available for obligation until Sep-
Act.
tions made available to the Department of the tember 30, 2023.
OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC
Navy, to be merged with and to be available for AID PROCUREMENT OF AMMUNITION, ARMY
the same purposes and for the same time period For construction, procurement, production,
For expenses relating to the Overseas Human-
as the appropriations to which transferred: Pro- and modification of ammunition, and acces-
itarian, Disaster, and Civic Aid programs of the
vided further, That upon a determination that sories therefor; specialized equipment and train-
Department of Defense (consisting of the pro-
all or part of the funds transferred from this ap- ing devices; expansion of public and private
grams provided under sections 401, 402, 404, 407,
propriation are not necessary for the purposes plants, including ammunition facilities, author-
2557, and 2561 of title 10, United States Code),
provided herein, such amounts may be trans- ized by section 2854 of title 10, United States
$147,500,000, to remain available until September
ferred back to this appropriation: Provided fur- 30, 2022: Provided, That such amounts shall not Code, and the land necessary therefor, for the
ther, That the transfer authority provided be subject to the limitation in section 407(c)(3) of foregoing purposes, and such lands and inter-
under this heading is in addition to any other title 10, United States Code. ests therein, may be acquired, and construction
transfer authority provided elsewhere in this prosecuted thereon prior to approval of title;
COOPERATIVE THREAT REDUCTION ACCOUNT
Act. and procurement and installation of equipment,
For assistance, including assistance provided
ENVIRONMENTAL RESTORATION, AIR FORCE appliances, and machine tools in public and pri-
by contract or by grants, under programs and
(INCLUDING TRANSFER OF FUNDS) vate plants; reserve plant and Government and
activities of the Department of Defense Coopera-
For the Department of the Air Force, contractor-owned equipment layaway; and
tive Threat Reduction Program authorized
$509,250,000, to remain available until trans- other expenses necessary for the foregoing pur-
under the Department of Defense Cooperative
ferred: Provided, That the Secretary of the Air poses, $2,790,140,000, to remain available for ob-
Threat Reduction Act, $360,190,000, to remain
Force shall, upon determining that such funds available until September 30, 2023. ligation until September 30, 2023.
are required for environmental restoration, re- DEPARTMENT OF DEFENSE ACQUISITION OTHER PROCUREMENT, ARMY
duction and recycling of hazardous waste, re- WORKFORCE DEVELOPMENT ACCOUNT For construction, procurement, production,
moval of unsafe buildings and debris of the De- For the Department of Defense Acquisition and modification of vehicles, including tactical,
partment of the Air Force, or for similar pur- Workforce Development Account, $88,181,000, to support, and non-tracked combat vehicles; the
poses, transfer the funds made available by this remain available for obligation until September purchase of passenger motor vehicles for re-
appropriation to other appropriations made 30, 2021: Provided, That no other amounts may placement only; communications and electronic
available to the Department of the Air Force, to be otherwise credited or transferred to the Ac- equipment; other support equipment; spare
be merged with and to be available for the same count, or deposited into the Account, in fiscal parts, ordnance, and accessories therefor; spe-
purposes and for the same time period as the ap- year 2021 pursuant to section 1705(d) of title 10, cialized equipment and training devices; expan-
propriations to which transferred: Provided fur- United States Code. sion of public and private plants, including the
ther, That upon a determination that all or part TITLE III land necessary therefor, for the foregoing pur-
of the funds transferred from this appropriation poses, and such lands and interests therein, may
PROCUREMENT
are not necessary for the purposes provided be acquired, and construction prosecuted there-
herein, such amounts may be transferred back AIRCRAFT PROCUREMENT, ARMY on prior to approval of title; and procurement
to this appropriation: Provided further, That For construction, procurement, production, and installation of equipment, appliances, and
the transfer authority provided under this head- modification, and modernization of aircraft, machine tools in public and private plants; re-
ing is in addition to any other transfer author- equipment, including ordnance, ground han- serve plant and Government and contractor-
ity provided elsewhere in this Act. dling equipment, spare parts, and accessories owned equipment layaway; and other expenses
ENVIRONMENTAL RESTORATION, DEFENSE-WIDE therefor; specialized equipment and training de- necessary for the foregoing purposes,
vices; expansion of public and private plants, $8,603,112,000, to remain available for obligation
(INCLUDING TRANSFER OF FUNDS)
including the land necessary therefor, for the until September 30, 2023.
For the Department of Defense, $19,952,000, to foregoing purposes, and such lands and inter-
remain available until transferred: Provided, AIRCRAFT PROCUREMENT, NAVY
ests therein, may be acquired, and construction
That the Secretary of Defense shall, upon deter- prosecuted thereon prior to approval of title; For construction, procurement, production,
mining that such funds are required for envi- and procurement and installation of equipment, modification, and modernization of aircraft,
ronmental restoration, reduction and recycling appliances, and machine tools in public and pri- equipment, including ordnance, spare parts,
of hazardous waste, removal of unsafe buildings vate plants; reserve plant and Government and and accessories therefor; specialized equipment;
and debris of the Department of Defense, or for contractor-owned equipment layaway; and expansion of public and private plants, includ-
similar purposes, transfer the funds made avail- other expenses necessary for the foregoing pur- ing the land necessary therefor, and such lands
able by this appropriation to other appropria- poses, $3,457,342,000, to remain available for ob- and interests therein, may be acquired, and con-
tions made available to the Department of De- ligation until September 30, 2023. struction prosecuted thereon prior to approval
fense, to be merged with and to be available for MISSILE PROCUREMENT, ARMY of title; and procurement and installation of
the same purposes and for the same time period equipment, appliances, and machine tools in
For construction, procurement, production,
as the appropriations to which transferred: Pro- public and private plants; reserve plant and
modification, and modernization of missiles,
vided further, That upon a determination that Government and contractor-owned equipment
equipment, including ordnance, ground han-
all or part of the funds transferred from this ap- layaway, $19,480,280,000, to remain available for
dling equipment, spare parts, and accessories
propriation are not necessary for the purposes obligation until September 30, 2023.
therefor; specialized equipment and training de-
provided herein, such amounts may be trans- WEAPONS PROCUREMENT, NAVY
vices; expansion of public and private plants,
ferred back to this appropriation: Provided fur-
including the land necessary therefor, for the For construction, procurement, production,
ther, That the transfer authority provided
foregoing purposes, and such lands and inter- modification, and modernization of missiles, tor-
under this heading is in addition to any other
ests therein, may be acquired, and construction pedoes, other weapons, and related support
transfer authority provided elsewhere in this
prosecuted thereon prior to approval of title; equipment including spare parts, and acces-
Act.
ctelli on DSK11ZRN23PROD with HOUSE
and procurement and installation of equipment, sories therefor; expansion of public and private
ENVIRONMENTAL RESTORATION, FORMERLY USED appliances, and machine tools in public and pri- plants, including the land necessary therefor,
DEFENSE SITES vate plants; reserve plant and Government and and such lands and interests therein, may be ac-
(INCLUDING TRANSFER OF FUNDS) contractor-owned equipment layaway; and quired, and construction prosecuted thereon
For the Department of the Army, $288,750,000, other expenses necessary for the foregoing pur- prior to approval of title; and procurement and
to remain available until transferred: Provided, poses, $3,220,541,000, to remain available for ob- installation of equipment, appliances, and ma-
That the Secretary of the Army shall, upon de- ligation until September 30, 2023. chine tools in public and private plants; reserve
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H7354 CONGRESSIONAL RECORD — HOUSE December 21, 2020
plant and Government and contractor-owned appropriated or otherwise made available by ized by section 2854 of title 10, United States
equipment layaway, $4,477,773,000, to remain this Act for Columbia Class Submarine (AP) Code, and the land necessary therefor, for the
available for obligation until September 30, 2023. may be available for the purposes authorized by foregoing purposes, and such lands and inter-
PROCUREMENT OF AMMUNITION, NAVY AND subsections (f), (g), (h) or (i) of section 2218a of ests therein, may be acquired, and construction
MARINE CORPS title 10, United States Code, only in accordance prosecuted thereon prior to approval of title;
with the provisions of the applicable subsection. and procurement and installation of equipment,
For construction, procurement, production,
and modification of ammunition, and acces- OTHER PROCUREMENT, NAVY appliances, and machine tools in public and pri-
sories therefor; specialized equipment and train- For procurement, production, and moderniza- vate plants; reserve plant and Government and
ing devices; expansion of public and private tion of support equipment and materials not contractor-owned equipment layaway; and
plants, including ammunition facilities, author- otherwise provided for, Navy ordnance (except other expenses necessary for the foregoing pur-
ized by section 2854 of title 10, United States ordnance for new aircraft, new ships, and ships poses, $550,844,000, to remain available for obli-
Code, and the land necessary therefor, for the authorized for conversion); the purchase of pas- gation until September 30, 2023.
foregoing purposes, and such lands and inter- senger motor vehicles for replacement only; ex-
ests therein, may be acquired, and construction pansion of public and private plants, including OTHER PROCUREMENT, AIR FORCE
prosecuted thereon prior to approval of title; the land necessary therefor, and such lands and For procurement and modification of equip-
and procurement and installation of equipment, interests therein, may be acquired, and con-
ment (including ground guidance and electronic
appliances, and machine tools in public and pri- struction prosecuted thereon prior to approval
control equipment, and ground electronic and
vate plants; reserve plant and Government and of title; and procurement and installation of
communication equipment), and supplies, mate-
contractor-owned equipment layaway; and equipment, appliances, and machine tools in
other expenses necessary for the foregoing pur- public and private plants; reserve plant and rials, and spare parts therefor, not otherwise
poses, $792,023,000, to remain available for obli- Government and contractor-owned equipment provided for; the purchase of passenger motor
gation until September 30, 2023. layaway, $10,512,209,000, to remain available for vehicles for replacement only; lease of passenger
obligation until September 30, 2023: Provided, motor vehicles; and expansion of public and pri-
SHIPBUILDING AND CONVERSION, NAVY
That such funds are also available for the main- vate plants, Government-owned equipment and
For expenses necessary for the construction, installation thereof in such plants, erection of
tenance, repair, and modernization of Pacific
acquisition, or conversion of vessels as author-
Fleet ships under a pilot program established for structures, and acquisition of land, for the fore-
ized by law, including armor and armament
such purposes. going purposes, and such lands and interests
thereof, plant equipment, appliances, and ma-
PROCUREMENT, MARINE CORPS therein, may be acquired, and construction
chine tools and installation thereof in public
and private plants; reserve plant and Govern- For expenses necessary for the procurement, prosecuted thereon, prior to approval of title; re-
ment and contractor-owned equipment layaway; manufacture, and modification of missiles, ar- serve plant and Government and contractor-
procurement of critical, long lead time compo- mament, military equipment, spare parts, and owned equipment layaway, $23,441,648,000, to
nents and designs for vessels to be constructed accessories therefor; plant equipment, appli- remain available for obligation until September
or converted in the future; and expansion of ances, and machine tools, and installation 30, 2023.
public and private plants, including land nec- thereof in public and private plants; reserve
PROCUREMENT, SPACE FORCE
essary therefor, and such lands and interests plant and Government and contractor-owned
therein, may be acquired, and construction equipment layaway; vehicles for the Marine For construction, procurement, and modifica-
prosecuted thereon prior to approval of title, as Corps, including the purchase of passenger tion of spacecraft, rockets, and related equip-
follows: motor vehicles for replacement only; and expan- ment, including spare parts and accessories
Columbia Class Submarine, $2,869,024,000; sion of public and private plants, including land therefor; ground handling equipment, and
Columbia Class Submarine (AP), necessary therefor, and such lands and interests training devices; expansion of public and pri-
$1,253,175,000; therein, may be acquired, and construction vate plants, Government-owned equipment and
Carrier Replacement Program (CVN–80), prosecuted thereon prior to approval of title, installation thereof in such plants, erection of
$958,933,000; $2,648,375,000, to remain available for obligation
structures, and acquisition of land, for the fore-
Carrier Replacement Program (CVN–81), until September 30, 2023.
$1,606,432,000; going purposes, and such lands and interests
AIRCRAFT PROCUREMENT, AIR FORCE therein, may be acquired, and construction
Virginia Class Submarine, $4,603,213,000;
Virginia Class Submarine (AP), $2,173,187,000; For construction, procurement, and modifica- prosecuted thereon prior to approval of title; re-
CVN Refueling Overhauls, $1,531,153,000; tion of aircraft and equipment, including armor serve plant and Government and contractor-
CVN Refueling Overhauls (AP), $17,384,000; and armament, specialized ground handling owned equipment layaway; and other expenses
DDG–1000 Program, $78,205,000; equipment, and training devices, spare parts, necessary for the foregoing purposes including
DDG–51 Destroyer, $3,219,843,000; and accessories therefor; specialized equipment; rents and transportation of things,
DDG–51 Destroyer (AP), $159,297,000; expansion of public and private plants, Govern- $2,310,994,000, to remain available for obligation
FFG–Frigate, $1,053,123,000; ment-owned equipment and installation thereof until September 30, 2023.
LPD Flight II, $1,125,801,000; in such plants, erection of structures, and ac-
LPD 32 (AP), $1,000,000; quisition of land, for the foregoing purposes, PROCUREMENT, DEFENSE-WIDE
LPD 33 (AP), $1,000,000; and such lands and interests therein, may be ac-
quired, and construction prosecuted thereon For expenses of activities and agencies of the
Expeditionary Sea Base (AP), $73,000,000;
prior to approval of title; reserve plant and Gov- Department of Defense (other than the military
LHA Replacement, $500,000,000;
Expeditionary Fast Transport, $260,000,000; ernment and contractor-owned equipment lay- departments) necessary for procurement, pro-
TAO Fleet Oiler, $20,000,000; away; and other expenses necessary for the duction, and modification of equipment, sup-
Towing, Salvage, and Rescue Ship, foregoing purposes including rents and trans- plies, materials, and spare parts therefor, not
$157,790,000; portation of things, $19,212,753,000, to remain otherwise provided for; the purchase of pas-
LCU 1700, $87,395,000; available for obligation until September 30, 2023. senger motor vehicles for replacement only; ex-
Service Craft, $244,147,000; MISSILE PROCUREMENT, AIR FORCE pansion of public and private plants, equip-
LCAC SLEP, $56,461,000; ment, and installation thereof in such plants,
For construction, procurement, and modifica-
Auxiliary Vessels, $60,000,000; erection of structures, and acquisition of land
tion of missiles, rockets, and related equipment,
For outfitting, post delivery, conversions, and for the foregoing purposes, and such lands and
including spare parts and accessories therefor;
first destination transportation, $752,005,000; interests therein, may be acquired, and con-
ground handling equipment, and training de-
and struction prosecuted thereon prior to approval
vices; expansion of public and private plants,
Completion of Prior Year Shipbuilding Pro- of title; reserve plant and Government and con-
Government-owned equipment and installation
grams, $407,312,000. tractor-owned equipment layaway,
thereof in such plants, erection of structures,
In all: $23,268,880,000, to remain available for $5,837,347,000, to remain available for obligation
and acquisition of land, for the foregoing pur-
obligation until September 30, 2025: Provided, until September 30, 2023.
poses, and such lands and interests therein, may
That additional obligations may be incurred
be acquired, and construction prosecuted there- DEFENSE PRODUCTION ACT PURCHASES
after September 30, 2025, for engineering serv-
on prior to approval of title; reserve plant and
ices, tests, evaluations, and other such budgeted
Government and contractor-owned equipment For activities by the Department of Defense
work that must be performed in the final stage
layaway; and other expenses necessary for the pursuant to sections 108, 301, 302, and 303 of the
of ship construction: Provided further, That
foregoing purposes including rents and trans- Defense Production Act of 1950 (50 U.S.C. 4518,
none of the funds provided under this heading
portation of things, $2,142,181,000, to remain 4531, 4532, and 4533), $174,639,000, to remain
for the construction or conversion of any naval
available for obligation until September 30, 2023. available until expended: Provided, That no less
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vessel to be constructed in shipyards in the
United States shall be expended in foreign fa- PROCUREMENT OF AMMUNITION, AIR FORCE than $60,000,000 of the funds provided under
cilities for the construction of major components For construction, procurement, production, this heading shall be obligated and expended by
of such vessel: Provided further, That none of and modification of ammunition, and acces- the Secretary of Defense in behalf of the De-
the funds provided under this heading shall be sories therefor; specialized equipment and train- partment of Defense as if delegated the nec-
used for the construction of any naval vessel in ing devices; expansion of public and private essary authorities conferred by the Defense Pro-
foreign shipyards: Provided further, That funds plants, including ammunition facilities, author- duction Act of 1950.
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H7355
TITLE IV for obligation until September 30, 2023, shall be provided under this heading is in addition to
RESEARCH, DEVELOPMENT, TEST AND for procurement; and of which $2,392,579,000, to any other transfer authority contained else-
EVALUATION remain available for obligation until September where in this Act.
30, 2022, shall be for research, development, test OFFICE OF THE INSPECTOR GENERAL
RESEARCH, DEVELOPMENT, TEST AND
and evaluation: Provided, That, notwith-
EVALUATION, ARMY For expenses and activities of the Office of the
standing any other provision of law, of the
For expenses necessary for basic and applied Inspector General in carrying out the provisions
amount made available under this heading for
scientific research, development, test and eval- of the Inspector General Act of 1978, as amend-
research, development, test and evaluation, not
uation, including maintenance, rehabilitation, ed, $375,439,000, of which $373,483,000 shall be
less than $8,000,000 shall be available for HIV
lease, and operation of facilities and equipment, for operation and maintenance, of which not to
prevention educational activities undertaken in
$13,969,032,000, to remain available for obliga- exceed $700,000 is available for emergencies and
connection with United States military training,
tion until September 30, 2022. extraordinary expenses to be expended upon the
exercises, and humanitarian assistance activi-
approval or authority of the Inspector General,
RESEARCH, DEVELOPMENT, TEST AND ties conducted primarily in African nations:
and payments may be made upon the Inspector
EVALUATION, NAVY Provided further, That of the funds provided
General’s certificate of necessity for confidential
For expenses necessary for basic and applied under this heading for research, development,
military purposes; of which $858,000, to remain
scientific research, development, test and eval- test and evaluation, not less than $1,489,000,000
available for obligation until September 30, 2023,
uation, including maintenance, rehabilitation, shall be made available to the United States
shall be for procurement; and of which
lease, and operation of facilities and equipment, Army Medical Research and Development Com-
$1,098,000, to remain available until September
$20,078,829,000, to remain available for obliga- mand to carry out the congressionally directed
30, 2022, shall be for research, development, test
tion until September 30, 2022: Provided, That medical research programs: Provided further,
and evaluation.
funds appropriated in this paragraph which are That the Secretary of Defense shall submit to
the congressional defense committees quarterly TITLE VII
available for the V–22 may be used to meet
unique operational requirements of the Special reports on the current status of the deployment RELATED AGENCIES
Operations Forces. of the electronic health record: Provided fur- CENTRAL INTELLIGENCE AGENCY RETIREMENT
ther, That the Secretary of Defense shall pro- AND DISABILITY SYSTEM FUND
RESEARCH, DEVELOPMENT, TEST AND
vide notice to the congressional defense commit-
EVALUATION, AIR FORCE For payment to the Central Intelligence Agen-
tees not later than 10 business days after delay-
For expenses necessary for basic and applied cy Retirement and Disability System Fund, to
ing the proposed timeline of such deployment if
scientific research, development, test and eval- maintain the proper funding level for con-
such delay is longer than 1 week: Provided fur-
uation, including maintenance, rehabilitation, tinuing the operation of the Central Intelligence
ther, That the Comptroller General of the
lease, and operation of facilities and equipment, Agency Retirement and Disability System,
United States shall perform quarterly perform-
$36,357,443,000, to remain available for obliga- $514,000,000.
ance reviews of such deployment.
tion until September 30, 2022. INTELLIGENCE COMMUNITY MANAGEMENT
CHEMICAL AGENTS AND MUNITIONS
RESEARCH, DEVELOPMENT, TEST AND ACCOUNT
DESTRUCTION, DEFENSE
EVALUATION, SPACE FORCE For necessary expenses of the Intelligence
For expenses, not otherwise provided for, nec-
For expenses necessary for basic and applied Community Management Account, $633,719,000.
essary for the destruction of the United States
scientific research, development, test and eval- stockpile of lethal chemical agents and muni- TITLE VIII
uation, including maintenance, rehabilitation, tions in accordance with the provisions of sec- GENERAL PROVISIONS
lease, and operation of facilities and equipment, tion 1412 of the Department of Defense Author- SEC. 8001. No part of any appropriation con-
$10,540,069,000, to remain available until Sep- ization Act, 1986 (50 U.S.C. 1521), and for the tained in this Act shall be used for publicity or
tember 30, 2022. destruction of other chemical warfare materials propaganda purposes not authorized by the
RESEARCH, DEVELOPMENT, TEST AND that are not in the chemical weapon stockpile, Congress.
EVALUATION, DEFENSE-WIDE $1,049,800,000, of which $106,691,000 shall be for SEC. 8002. During the current fiscal year, pro-
For expenses of activities and agencies of the operation and maintenance, of which no less visions of law prohibiting the payment of com-
Department of Defense (other than the military than $51,009,000 shall be for the Chemical Stock- pensation to, or employment of, any person not
departments), necessary for basic and applied pile Emergency Preparedness Program, con- a citizen of the United States shall not apply to
scientific research, development, test and eval- sisting of $22,235,000 for activities on military in- personnel of the Department of Defense: Pro-
uation; advanced research projects as may be stallations and $28,774,000, to remain available vided, That salary increases granted to direct
designated and determined by the Secretary of until September 30, 2022, to assist State and and indirect hire foreign national employees of
Defense, pursuant to law; maintenance, reha- local governments; $616,000 shall be for procure- the Department of Defense funded by this Act
bilitation, lease, and operation of facilities and ment, to remain available until September 30, shall not be at a rate in excess of the percentage
equipment, $25,932,671,000, to remain available 2023, of which not less than $616,000 shall be for increase authorized by law for civilian employ-
for obligation until September 30, 2022. the Chemical Stockpile Emergency Preparedness ees of the Department of Defense whose pay is
Program to assist State and local governments; computed under the provisions of section 5332 of
OPERATIONAL TEST AND EVALUATION, DEFENSE
and $942,493,000, to remain available until Sep- title 5, United States Code, or at a rate in excess
For expenses, not otherwise provided for, nec- tember 30, 2022, shall be for research, develop- of the percentage increase provided by the ap-
essary for the independent activities of the Di- ment, test and evaluation, of which $935,999,000 propriate host nation to its own employees,
rector, Operational Test and Evaluation, in the shall only be for the Assembled Chemical Weap- whichever is higher: Provided further, That this
direction and supervision of operational test ons Alternatives program. section shall not apply to Department of De-
and evaluation, including initial operational
DRUG INTERDICTION AND COUNTER-DRUG fense foreign service national employees serving
test and evaluation which is conducted prior to,
ACTIVITIES, DEFENSE at United States diplomatic missions whose pay
and in support of, production decisions; joint
(INCLUDING TRANSFER OF FUNDS) is set by the Department of State under the For-
operational testing and evaluation; and admin-
eign Service Act of 1980: Provided further, That
istrative expenses in connection therewith, For drug interdiction and counter-drug activi-
the limitations of this provision shall not apply
$257,120,000, to remain available for obligation ties of the Department of Defense, for transfer
to foreign national employees of the Department
until September 30, 2022. to appropriations available to the Department of
of Defense in the Republic of Turkey.
TITLE V Defense for military personnel of the reserve
SEC. 8003. No part of any appropriation con-
components serving under the provisions of title
REVOLVING AND MANAGEMENT FUNDS tained in this Act shall remain available for ob-
10 and title 32, United States Code; for operation
DEFENSE WORKING CAPITAL FUNDS ligation beyond the current fiscal year, unless
and maintenance; for procurement; and for re-
expressly so provided herein.
For the Defense Working Capital Funds, search, development, test and evaluation,
SEC. 8004. No more than 20 percent of the ap-
$1,473,910,000. $914,429,000, of which $567,003,000 shall be for
propriations in this Act which are limited for
TITLE VI counter-narcotics support; $127,704,000 shall be
obligation during the current fiscal year shall be
for the drug demand reduction program;
OTHER DEPARTMENT OF DEFENSE obligated during the last 2 months of the fiscal
$194,211,000 shall be for the National Guard
PROGRAMS year: Provided, That this section shall not apply
counter-drug program; and $25,511,000 shall be
DEFENSE HEALTH PROGRAM to obligations for support of active duty training
for the National Guard counter-drug schools
of reserve components or summer camp training
For expenses, not otherwise provided for, for program: Provided, That the funds appropriated
of the Reserve Officers’ Training Corps.
medical and health care programs of the De- under this heading shall be available for obliga-
partment of Defense as authorized by law, tion for the same time period and for the same (TRANSFER OF FUNDS)
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$33,684,607,000; of which $30,747,659,000 shall be purpose as the appropriation to which trans- SEC. 8005. Upon determination by the Sec-
for operation and maintenance, of which not to ferred: Provided further, That upon a deter- retary of Defense that such action is necessary
exceed one percent shall remain available for mination that all or part of the funds trans- in the national interest, the Secretary may, with
obligation until September 30, 2022, and of ferred from this appropriation are not necessary the approval of the Office of Management and
which up to $16,008,365,000 may be available for for the purposes provided herein, such amounts Budget, transfer not to exceed $4,000,000,000 of
contracts entered into under the TRICARE pro- may be transferred back to this appropriation: working capital funds of the Department of De-
gram; of which $544,369,000, to remain available Provided further, That the transfer authority fense or funds made available in this Act to the
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H7356 CONGRESSIONAL RECORD — HOUSE December 21, 2020
Department of Defense for military functions (3) ‘‘Environmental Restoration, Air Force’’; the production of unfunded units to be delivered
(except military construction) between such ap- (4) ‘‘Environmental Restoration, Defense- under the contract;
propriations or funds or any subdivision there- Wide’’; (3) the contract provides that payments to the
of, to be merged with and to be available for the (5) ‘‘Environmental Restoration, Formerly contractor under the contract shall not be made
same purposes, and for the same time period, as Used Defense Sites’’; and in advance of incurred costs on funded units;
the appropriation or fund to which transferred: (6) ‘‘Drug Interdiction and Counter-drug Ac- and
Provided, That such authority to transfer may tivities, Defense’’. (4) the contract does not provide for a price
not be used unless for higher priority items, (TRANSFER OF FUNDS) adjustment based on a failure to award a fol-
based on unforeseen military requirements, than low-on contract.
SEC. 8008. During the current fiscal year, cash
those for which originally appropriated and in SEC. 8011. Within the funds appropriated for
balances in working capital funds of the De-
no case where the item for which funds are re- the operation and maintenance of the Armed
partment of Defense established pursuant to sec-
quested has been denied by the Congress: Pro- Forces, funds are hereby appropriated pursuant
tion 2208 of title 10, United States Code, may be
vided further, That the Secretary of Defense to section 401 of title 10, United States Code, for
maintained in only such amounts as are nec-
shall notify the Congress promptly of all trans- humanitarian and civic assistance costs under
essary at any time for cash disbursements to be
fers made pursuant to this authority or any chapter 20 of title 10, United States Code. Such
made from such funds: Provided, That transfers
other authority in this Act: Provided further, funds may also be obligated for humanitarian
may be made between such funds: Provided fur-
That no part of the funds in this Act shall be and civic assistance costs incidental to author-
ther, That transfers may be made between work-
available to prepare or present a request to the ized operations and pursuant to authority
ing capital funds and the ‘‘Foreign Currency
Committees on Appropriations of the House of granted in section 401 of title 10, United States
Fluctuations, Defense’’ appropriation and the
Representatives and the Senate for reprogram- Code, and these obligations shall be reported as
‘‘Operation and Maintenance’’ appropriation
ming of funds, unless for higher priority items, required by section 401(d) of title 10, United
accounts in such amounts as may be determined
based on unforeseen military requirements, than States Code: Provided, That funds available for
by the Secretary of Defense, with the approval
those for which originally appropriated and in operation and maintenance shall be available
of the Office of Management and Budget, except
no case where the item for which reprogramming for providing humanitarian and similar assist-
that such transfers may not be made unless the
is requested has been denied by the Congress: ance by using Civic Action Teams in the Trust
Secretary of Defense has notified the Congress
Provided further, That a request for multiple Territories of the Pacific Islands and freely as-
of the proposed transfer: Provided further, That
reprogrammings of funds using authority pro- sociated states of Micronesia, pursuant to the
except in amounts equal to the amounts appro-
vided in this section shall be made prior to June Compact of Free Association as authorized by
priated to working capital funds in this Act, no
30, 2021: Provided further, That transfers among Public Law 99–239: Provided further, That upon
obligations may be made against a working cap-
military personnel appropriations shall not be a determination by the Secretary of the Army
ital fund to procure or increase the value of war
taken into account for purposes of the limitation that such action is beneficial for graduate med-
reserve material inventory, unless the Secretary
on the amount of funds that may be transferred ical education programs conducted at Army
of Defense has notified the Congress prior to
under this section. medical facilities located in Hawaii, the Sec-
any such obligation.
SEC. 8006. (a) With regard to the list of spe- retary of the Army may authorize the provision
SEC. 8009. Funds appropriated by this Act
cific programs, projects, and activities (and the of medical services at such facilities and trans-
may not be used to initiate a special access pro-
dollar amounts and adjustments to budget ac- portation to such facilities, on a nonreimburs-
gram without prior notification 30 calendar
tivities corresponding to such programs, able basis, for civilian patients from American
days in advance to the congressional defense
projects, and activities) contained in the tables Samoa, the Commonwealth of the Northern
committees.
titled Explanation of Project Level Adjustments Mariana Islands, the Marshall Islands, the Fed-
SEC. 8010. None of the funds provided in this
in the explanatory statement regarding this Act erated States of Micronesia, Palau, and Guam.
Act shall be available to initiate: (1) a multiyear
and the tables contained in the classified annex SEC. 8012. (a) During the current fiscal year,
contract that employs economic order quantity
accompanying this Act, the obligation and ex- the civilian personnel of the Department of De-
procurement in excess of $20,000,000 in any one
penditure of amounts appropriated or otherwise fense may not be managed solely on the basis of
year of the contract or that includes an un-
made available in this Act for those programs, any constraint or limitation in terms of man
funded contingent liability in excess of
projects, and activities for which the amounts years, end strength, full-time equivalent posi-
$20,000,000; or (2) a contract for advance pro-
appropriated exceed the amounts requested are tions, or maximum number of employees, but are
curement leading to a multiyear contract that
hereby required by law to be carried out in the to be managed primarily on the basis of, and in
employs economic order quantity procurement in
manner provided by such tables to the same ex- a manner consistent with—
excess of $20,000,000 in any one year, unless the (1) the total force management policies and
tent as if the tables were included in the text of congressional defense committees have been no-
this Act. procedures established under section 129a of
tified at least 30 days in advance of the pro- title 10, United States Code;
(b) Amounts specified in the referenced tables
posed contract award: Provided, That no part of (2) the workload required to carry out the
described in subsection (a) shall not be treated
any appropriation contained in this Act shall be functions and activities of the Department; and
as subdivisions of appropriations for purposes of
available to initiate a multiyear contract for (3) the funds made available to the Depart-
section 8005 of this Act: Provided, That section
which the economic order quantity advance pro- ment for such fiscal year.
8005 shall apply when transfers of the amounts
curement is not funded at least to the limits of (b) None of the funds appropriated by this Act
described in subsection (a) occur between appro-
the Government’s liability: Provided further, may be used to reduce the civilian workforce
priation accounts.
That no part of any appropriation contained in programmed full time equivalent levels absent
SEC. 8007. (a) Not later than 60 days after en-
actment of this Act, the Department of Defense this Act shall be available to initiate multiyear the appropriate analysis of the impacts of these
shall submit a report to the congressional de- procurement contracts for any systems or com- reductions on workload, military force struc-
fense committees to establish the baseline for ap- ponent thereof if the value of the multiyear con- ture, lethality, readiness, operational effective-
plication of reprogramming and transfer au- tract would exceed $500,000,000 unless specifi- ness, stress on the military force, and fully bur-
thorities for fiscal year 2021: Provided, That the cally provided in this Act: Provided further, dened costs.
report shall include— That no multiyear procurement contract can be (c) A projection of the number of full-time
(1) a table for each appropriation with a sepa- terminated without 30-day prior notification to equivalent positions shall not be considered a
rate column to display the President’s budget re- the congressional defense committees: Provided constraint or limitation for purposes of sub-
quest, adjustments made by Congress, adjust- further, That the execution of multiyear author- section (a) and reducing funding for under-exe-
ments due to enacted rescissions, if appropriate, ity shall require the use of a present value anal- cution of such a projection shall not be consid-
and the fiscal year enacted level; ysis to determine lowest cost compared to an an- ered managing based on a constraint or limita-
(2) a delineation in the table for each appro- nual procurement: Provided further, That none tion for purposes of such subsection.
priation both by budget activity and program, of the funds provided in this Act may be used (d) The fiscal year 2022 budget request for the
project, and activity as detailed in the Budget for a multiyear contract executed after the date Department of Defense, and any justification
Appendix; and of the enactment of this Act unless in the case material and other documentation supporting
(3) an identification of items of special con- of any such contract— such request, shall be prepared and submitted to
gressional interest. (1) the Secretary of Defense has submitted to Congress as if subsections (a) and (b) were effec-
(b) Notwithstanding section 8005 of this Act, Congress a budget request for full funding of tive with respect to such fiscal year.
none of the funds provided in this Act shall be units to be procured through the contract and, (e) Nothing in this section shall be construed
available for reprogramming or transfer until in the case of a contract for procurement of air- to apply to military (civilian) technicians.
the report identified in subsection (a) is sub- craft, that includes, for any aircraft unit to be SEC. 8013. None of the funds made available
mitted to the congressional defense committees, procured through the contract for which pro- by this Act shall be used in any way, directly or
unless the Secretary of Defense certifies in writ- curement funds are requested in that budget re- indirectly, to influence congressional action on
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ing to the congressional defense committees that quest for production beyond advance procure- any legislation or appropriation matters pend-
such reprogramming or transfer is necessary as ment activities in the fiscal year covered by the ing before the Congress.
an emergency requirement: Provided, That this budget, full funding of procurement of such unit SEC. 8014. None of the funds appropriated by
subsection shall not apply to transfers from the in that fiscal year; this Act shall be available for the basic pay and
following appropriations accounts: (2) cancellation provisions in the contract do allowances of any member of the Army partici-
(1) ‘‘Environmental Restoration, Army’’; not include consideration of recurring manufac- pating as a full-time student and receiving bene-
(2) ‘‘Environmental Restoration, Navy’’; turing costs of the contractor associated with fits paid by the Secretary of Veterans Affairs
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H7357
from the Department of Defense Education Ben- requirements for malt beverages and wine shall which such contribution was accepted by the
efits Fund when time spent as a full-time stu- apply to all alcoholic beverages only for military Secretary of Defense: Provided further, That not
dent is credited toward completion of a service installations in States which are not contiguous fewer than 15 days prior to obligating such
commitment: Provided, That this section shall with another State: Provided further, That alco- funds, the Secretary of Defense shall submit to
not apply to those members who have reenlisted holic beverages other than wine and malt bev- the congressional defense committees in writing
with this option prior to October 1, 1987: Pro- erages, in contiguous States and the District of a notification of the planned use of such con-
vided further, That this section applies only to Columbia shall be procured from the most com- tributions, including whether such contributions
active components of the Army. petitive source, price and other factors consid- would support existing or new stationing or op-
(TRANSFER OF FUNDS) ered. erations of the United States Armed Forces.
SEC. 8019. None of the funds available to the SEC. 8025. (a) Of the funds made available in
SEC. 8015. (a) Funds appropriated in title III Department of Defense may be used to demili- this Act, not less than $56,205,000 shall be avail-
of this Act for the Department of Defense Pilot tarize or dispose of M–1 Carbines, M–1 Garand able for the Civil Air Patrol Corporation, of
Mentor-Protégé Program may be transferred to rifles, M–14 rifles, .22 caliber rifles, .30 caliber ri- which—
any other appropriation contained in this Act fles, or M–1911 pistols, or to demilitarize or de- (1) $43,205,000 shall be available from ‘‘Oper-
solely for the purpose of implementing a Men- stroy small arms ammunition or ammunition ation and Maintenance, Air Force’’ to support
tor-Protégé Program developmental assistance components that are not otherwise prohibited Civil Air Patrol Corporation operation and
agreement pursuant to section 831 of the Na- from commercial sale under Federal law, unless maintenance, readiness, counter-drug activities,
tional Defense Authorization Act for Fiscal the small arms ammunition or ammunition com- and drug demand reduction activities involving
Year 1991 (Public Law 101–510; 10 U.S.C. 2302 ponents are certified by the Secretary of the youth programs;
note), as amended, under the authority of this Army or designee as unserviceable or unsafe for (2) $11,200,000 shall be available from ‘‘Air-
provision or any other transfer authority con- further use. craft Procurement, Air Force’’; and
tained in this Act. SEC. 8020. No more than $500,000 of the funds (3) $1,800,000 shall be available from ‘‘Other
(b) The Secretary of Defense shall include appropriated or made available in this Act shall Procurement, Air Force’’ for vehicle procure-
with the budget justification documents in sup- be used during a single fiscal year for any single ment.
port of the budget for any fiscal year after fiscal relocation of an organization, unit, activity or (b) The Secretary of the Air Force should
year 2021 (as submitted to Congress pursuant to function of the Department of Defense into or waive reimbursement for any funds used by the
section 1105 of title 31, United States Code) a de- within the National Capital Region: Provided, Civil Air Patrol for counter-drug activities in
scription of each transfer under this section that That the Secretary of Defense may waive this support of Federal, State, and local government
occurred during the last fiscal year before the restriction on a case-by-case basis by certifying agencies.
fiscal year in which such budget is submitted. in writing to the congressional defense commit- SEC. 8026. (a) None of the funds appropriated
SEC. 8016. None of the funds in this Act may tees that such a relocation is required in the in this Act are available to establish a new De-
be available for the purchase by the Department best interest of the Government. partment of Defense (department) federally
of Defense (and its departments and agencies) of SEC. 8021. In addition to the funds provided funded research and development center
welded shipboard anchor and mooring chain 4 else-where in this Act, $25,000,000 is appro- (FFRDC), either as a new entity, or as a sepa-
inches in diameter and under unless the anchor priated only for incentive payments authorized rate entity administrated by an organization
and mooring chain are manufactured in the by section 504 of the Indian Financing Act of managing another FFRDC, or as a nonprofit
United States from components which are sub- 1974 (25 U.S.C. 1544): Provided, That a prime membership corporation consisting of a consor-
stantially manufactured in the United States: contractor or a subcontractor at any tier that tium of other FFRDCs and other nonprofit enti-
Provided, That for the purpose of this section, makes a subcontract award to any subcon- ties.
the term ‘‘manufactured’’ shall include cutting, tractor or supplier as defined in section 1544 of (b) No member of a Board of Directors, Trust-
heat treating, quality control, testing of chain title 25, United States Code, or a small business ees, Overseers, Advisory Group, Special Issues
and welding (including the forging and shot owned and controlled by an individual or indi- Panel, Visiting Committee, or any similar entity
blasting process): Provided further, That for the viduals defined under section 4221(9) of title 25, of a defense FFRDC, and no paid consultant to
purpose of this section substantially all of the United States Code, shall be considered a con- any defense FFRDC, except when acting in a
components of anchor and mooring chain shall tractor for the purposes of being allowed addi- technical advisory capacity, may be com-
be considered to be produced or manufactured tional compensation under section 504 of the In- pensated for his or her services as a member of
in the United States if the aggregate cost of the dian Financing Act of 1974 (25 U.S.C. 1544) such entity, or as a paid consultant by more
components produced or manufactured in the whenever the prime contract or subcontract than one FFRDC in a fiscal year: Provided,
United States exceeds the aggregate cost of the amount is over $500,000 and involves the ex- That a member of any such entity referred to
components produced or manufactured outside penditure of funds appropriated by an Act mak- previously in this subsection shall be allowed
the United States: Provided further, That when ing appropriations for the Department of De- travel expenses and per diem as authorized
adequate domestic supplies are not available to fense with respect to any fiscal year: Provided under the Federal Joint Travel Regulations,
meet Department of Defense requirements on a further, That notwithstanding section 1906 of when engaged in the performance of member-
timely basis, the Secretary of the Service respon- title 41, United States Code, this section shall be ship duties.
sible for the procurement may waive this restric- applicable to any Department of Defense acqui- (c) Notwithstanding any other provision of
tion on a case-by-case basis by certifying in sition of supplies or services, including any con- law, none of the funds available to the depart-
writing to the Committees on Appropriations of tract and any subcontract at any tier for acqui- ment from any source during the current fiscal
the House of Representatives and the Senate sition of commercial items produced or manufac- year may be used by a defense FFRDC, through
that such an acquisition must be made in order tured, in whole or in part, by any subcontractor a fee or other payment mechanism, for construc-
to acquire capability for national security pur- or supplier defined in section 1544 of title 25, tion of new buildings not located on a military
poses. United States Code, or a small business owned installation, for payment of cost sharing for
SEC. 8017. None of the funds available in this and controlled by an individual or individuals projects funded by Government grants, for ab-
Act to the Department of Defense, other than defined under section 4221(9) of title 25, United sorption of contract overruns, or for certain
appropriations made for necessary or routine re- States Code. charitable contributions, not to include em-
furbishments, upgrades or maintenance activi- SEC. 8022. Funds appropriated by this Act for ployee participation in community service and/
ties, shall be used to reduce or to prepare to re- the Defense Media Activity shall not be used for or development.
duce the number of deployed and non-deployed any national or international political or psy- (d) Notwithstanding any other provision of
strategic delivery vehicles and launchers below chological activities. law, of the funds available to the department
the levels set forth in the report submitted to SEC. 8023. During the current fiscal year, the during fiscal year 2021, not more than 6,053 staff
Congress in accordance with section 1042 of the Department of Defense is authorized to incur years of technical effort (staff years) may be
National Defense Authorization Act for Fiscal obligations of not to exceed $350,000,000 for pur- funded for defense FFRDCs: Provided, That,
Year 2012. poses specified in section 2350j(c) of title 10, within such funds for 6,053 staff years, funds
SEC. 8018. None of the funds appropriated by United States Code, in anticipation of receipt of shall be available only for 1,148 staff years for
this Act shall be used for the support of any contributions, only from the Government of Ku- the defense studies and analysis FFRDCs: Pro-
nonappropriated funds activity of the Depart- wait, under that section: Provided, That, upon vided further, That this subsection shall not
ment of Defense that procures malt beverages receipt, such contributions from the Government apply to staff years funded in the National In-
and wine with nonappropriated funds for resale of Kuwait shall be credited to the appropria- telligence Program (NIP) and the Military Intel-
(including such alcoholic beverages sold by the tions or fund which incurred such obligations. ligence Program (MIP).
drink) on a military installation located in the SEC. 8024. The Secretary of Defense shall no- (e) The Secretary of Defense shall, with the
United States unless such malt beverages and tify the congressional defense committees in submission of the department’s fiscal year 2022
wine are procured within that State, or in the writing not more than 30 days after the receipt budget request, submit a report presenting the
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case of the District of Columbia, within the Dis- of any contribution of funds received from the specific amounts of staff years of technical ef-
trict of Columbia, in which the military installa- government of a foreign country for any pur- fort to be allocated for each defense FFRDC
tion is located: Provided, That, in a case in pose relating to the stationing or operations of during that fiscal year and the associated budg-
which the military installation is located in the United States Armed Forces: Provided, That et estimates.
more than one State, purchases may be made in such notification shall include the amount of SEC. 8027. None of the funds appropriated or
any State in which the installation is located: the contribution; the purpose for which such made available in this Act shall be used to pro-
Provided further, That such local procurement contribution was made; and the authority under cure carbon, alloy, or armor steel plate for use
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H7358 CONGRESSIONAL RECORD — HOUSE December 21, 2020
in any Government-owned facility or property consideration, to Indian tribes located in the fiscal year to customers of the Department of
under the control of the Department of Defense States of Nevada, Idaho, North Dakota, South Defense Working Capital Funds if such an item
which were not melted and rolled in the United Dakota, Montana, Oregon, Minnesota, and would not have been chargeable to the Depart-
States or Canada: Provided, That these procure- Washington relocatable military housing units ment of Defense Business Operations Fund dur-
ment restrictions shall apply to any and all Fed- located at Grand Forks Air Force Base, ing fiscal year 1994 and if the purchase of such
eral Supply Class 9515, American Society of Malmstrom Air Force Base, Mountain Home Air an investment item would be chargeable during
Testing and Materials (ASTM) or American Iron Force Base, Ellsworth Air Force Base, and the current fiscal year to appropriations made
and Steel Institute (AISI) specifications of car- Minot Air Force Base that are excess to the to the Department of Defense for procurement.
bon, alloy or armor steel plate: Provided further, needs of the Air Force. (b) The fiscal year 2022 budget request for the
That the Secretary of the military department (b) The Secretary of the Air Force shall con- Department of Defense as well as all justifica-
responsible for the procurement may waive this vey, at no cost to the Air Force, military hous- tion material and other documentation sup-
restriction on a case-by-case basis by certifying ing units under subsection (a) in accordance porting the fiscal year 2022 Department of De-
in writing to the Committees on Appropriations with the request for such units that are sub- fense budget shall be prepared and submitted to
of the House of Representatives and the Senate mitted to the Secretary by the Operation Walk- the Congress on the basis that any equipment
that adequate domestic supplies are not avail- ing Shield Program on behalf of Indian tribes which was classified as an end item and funded
able to meet Department of Defense require- located in the States of Nevada, Idaho, North in a procurement appropriation contained in
ments on a timely basis and that such an acqui- Dakota, South Dakota, Montana, Oregon, Min- this Act shall be budgeted for in a proposed fis-
sition must be made in order to acquire capa- nesota, and Washington. Any such conveyance cal year 2022 procurement appropriation and
bility for national security purposes: Provided shall be subject to the condition that the hous- not in the supply management business area or
further, That these restrictions shall not apply ing units shall be removed within a reasonable any other area or category of the Department of
to contracts which are in being as of the date of period of time, as determined by the Secretary. Defense Working Capital Funds.
the enactment of this Act. (c) The Operation Walking Shield Program SEC. 8038. None of the funds appropriated by
SEC. 8028. For the purposes of this Act, the shall resolve any conflicts among requests of In- this Act for programs of the Central Intelligence
term ‘‘congressional defense committees’’ means dian tribes for housing units under subsection Agency shall remain available for obligation be-
the Armed Services Committee of the House of (a) before submitting requests to the Secretary of yond the current fiscal year, except for funds
Representatives, the Armed Services Committee the Air Force under subsection (b). appropriated for the Reserve for Contingencies,
of the Senate, the Subcommittee on Defense of (d) In this section, the term ‘‘Indian tribe’’ which shall remain available until September 30,
the Committee on Appropriations of the Senate, means any recognized Indian tribe included on 2022: Provided, That funds appropriated, trans-
and the Subcommittee on Defense of the Com- the current list published by the Secretary of the ferred, or otherwise credited to the Central In-
mittee on Appropriations of the House of Rep- Interior under section 104 of the Federally Rec- telligence Agency Central Services Working
resentatives. ognized Indian Tribe Act of 1994 (Public Law Capital Fund during this or any prior or subse-
SEC. 8029. During the current fiscal year, the 103–454; 108 Stat. 4792; 25 U.S.C. 5131). quent fiscal year shall remain available until ex-
Department of Defense may acquire the modi- SEC. 8033. During the current fiscal year, ap- pended: Provided further, That any funds ap-
fication, depot maintenance and repair of air- propriations which are available to the Depart- propriated or transferred to the Central Intel-
craft, vehicles and vessels as well as the produc- ment of Defense for operation and maintenance ligence Agency for advanced research and de-
tion of components and other Defense-related may be used to purchase items having an invest- velopment acquisition, for agent operations, and
articles, through competition between Depart- ment item unit cost of not more than $250,000. for covert action programs authorized by the
ment of Defense depot maintenance activities (INCLUDING TRANSFER OF FUNDS) President under section 503 of the National Se-
and private firms: Provided, That the Senior Ac- curity Act of 1947 (50 U.S.C. 3093) shall remain
SEC. 8034. Subject to section 8005 of this Act,
quisition Executive of the military department available until September 30, 2022: Provided fur-
the Secretary of Defense may transfer funds ap-
or Defense Agency concerned, with power of ther, That any funds appropriated or trans-
propriated in fiscal year 2021 for ‘‘Shipbuilding
delegation, shall certify that successful bids in- ferred to the Central Intelligence Agency for the
and Conversion, Navy: LPD Flight II–LPD 31’’
clude comparable estimates of all direct and in- construction, improvement, or alteration of fa-
to ‘‘Shipbuilding and Conversion, Navy: LPD 32
direct costs for both public and private bids: cilities, including leased facilities, to be used
(AP)’’, and ‘‘Shipbuilding and Conversion,
Provided further, That Office of Management primarily by personnel of the intelligence com-
Navy: LPD 33 (AP)’’ for fiscal year 2021 ad-
and Budget Circular A–76 shall not apply to munity shall remain available until September
vance procurement authorized by section 124(c)
competitions conducted under this section. 30, 2023.
SEC. 8030. (a)(1) If the Secretary of Defense, of the National Defense Authorization Act for SEC. 8039. Of the funds appropriated to the
after consultation with the United States Trade Fiscal Year 2021: Provided, That the transfer Department of Defense under the heading ‘‘Op-
Representative, determines that a foreign coun- authority provided under this provision is in ad- eration and Maintenance, Defense-Wide’’, not
try which is party to an agreement described in dition to any other transfer authority contained less than $12,000,000 shall be made available
paragraph (2) has violated the terms of the in this Act. only for the mitigation of environmental im-
agreement by discriminating against certain SEC. 8035. Up to $14,000,000 of the funds ap- pacts, including training and technical assist-
types of products produced in the United States propriated under the heading ‘‘Operation and ance to tribes, related administrative support,
that are covered by the agreement, the Secretary Maintenance, Navy’’ may be made available for the gathering of information, documenting of
of Defense shall rescind the Secretary’s blanket the Asia Pacific Regional Initiative Program for environmental damage, and developing a system
waiver of the Buy American Act with respect to the purpose of enabling the United States Indo- for prioritization of mitigation and cost to com-
such types of products produced in that foreign Pacific Command to execute Theater Security plete estimates for mitigation, on Indian lands
country. Cooperation activities such as humanitarian as- resulting from Department of Defense activities.
(2) An agreement referred to in paragraph (1) sistance, and payment of incremental and per- SEC. 8040. (a) None of the funds appropriated
is any reciprocal defense procurement memo- sonnel costs of training and exercising with for- in this Act may be expended by an entity of the
randum of understanding, between the United eign security forces: Provided, That funds made Department of Defense unless the entity, in ex-
States and a foreign country pursuant to which available for this purpose may be used, notwith- pending the funds, complies with the Buy Amer-
the Secretary of Defense has prospectively standing any other funding authorities for hu- ican Act. For purposes of this subsection, the
waived the Buy American Act for certain prod- manitarian assistance, security assistance or term ‘‘Buy American Act’’ means chapter 83 of
ucts in that country. combined exercise expenses: Provided further, title 41, United States Code.
(b) The Secretary of Defense shall submit to That funds may not be obligated to provide as- (b) If the Secretary of Defense determines that
the Congress a report on the amount of Depart- sistance to any foreign country that is otherwise a person has been convicted of intentionally
ment of Defense purchases from foreign entities prohibited from receiving such type of assistance affixing a label bearing a ‘‘Made in America’’
in fiscal year 2021. Such report shall separately under any other provision of law. inscription to any product sold in or shipped to
indicate the dollar value of items for which the SEC. 8036. The Secretary of Defense shall issue the United States that is not made in America,
Buy American Act was waived pursuant to any regulations to prohibit the sale of any tobacco the Secretary shall determine, in accordance
agreement described in subsection (a)(2), the or tobacco-related products in military resale with section 2410f of title 10, United States Code,
Trade Agreement Act of 1979 (19 U.S.C. 2501 et outlets in the United States, its territories and whether the person should be debarred from
seq.), or any international agreement to which possessions at a price below the most competitive contracting with the Department of Defense.
the United States is a party. price in the local community: Provided, That (c) In the case of any equipment or products
(c) For purposes of this section, the term ‘‘Buy such regulations shall direct that the prices of purchased with appropriations provided under
American Act’’ means chapter 83 of title 41, tobacco or tobacco-related products in overseas this Act, it is the sense of the Congress that any
United States Code. military retail outlets shall be within the range entity of the Department of Defense, in expend-
SEC. 8031. During the current fiscal year, of prices established for military retail system ing the appropriation, purchase only American-
amounts contained in the Department of De- stores located in the United States. made equipment and products, provided that
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fense Overseas Military Facility Investment Re- SEC. 8037. (a) During the current fiscal year, American-made equipment and products are
covery Account shall be available until ex- none of the appropriations or funds available to cost-competitive, quality competitive, and avail-
pended for the payments specified by section the Department of Defense Working Capital able in a timely fashion.
2687a(b)(2) of title 10, United States Code. Funds shall be used for the purchase of an in- SEC. 8041. (a) Except as provided in sub-
SEC. 8032. (a) Notwithstanding any other pro- vestment item for the purpose of acquiring a sections (b) and (c), none of the funds made
vision of law, the Secretary of the Air Force new inventory item for sale or anticipated sale available by this Act may be used—
may convey at no cost to the Air Force, without during the current fiscal year or a subsequent (1) to establish a field operating agency; or
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H7359
(2) to pay the basic pay of a member of the (C) is planned to be converted to performance SEC. 8044. None of the funds available in this
Armed Forces or civilian employee of the depart- by a qualified firm under at least 51 percent Act may be used to reduce the authorized posi-
ment who is transferred or reassigned from a ownership by an Indian tribe, as defined in sec- tions for military technicians (dual status) of
headquarters activity if the member or employ- tion 4(e) of the Indian Self-Determination and the Army National Guard, Air National Guard,
ee’s place of duty remains at the location of that Education Assistance Act (25 U.S.C. 450b(e)), or Army Reserve and Air Force Reserve for the
headquarters. a Native Hawaiian Organization, as defined in purpose of applying any administratively im-
(b) The Secretary of Defense or Secretary of a section 8(a)(15) of the Small Business Act (15 posed civilian personnel ceiling, freeze, or reduc-
military department may waive the limitations U.S.C. 637(a)(15)). tion on military technicians (dual status), un-
in subsection (a), on a case-by-case basis, if the (2) This section shall not apply to depot con- less such reductions are a direct result of a re-
Secretary determines, and certifies to the Com- tracts or contracts for depot maintenance as duction in military force structure.
mittees on Appropriations of the House of Rep- provided in sections 2469 and 2474 of title 10, SEC. 8045. None of the funds appropriated or
resentatives and the Senate that the granting of United States Code. otherwise made available in this Act may be ob-
the waiver will reduce the personnel require- (c) The conversion of any activity or function ligated or expended for assistance to the Demo-
ments or the financial requirements of the de- of the Department of Defense under the author- cratic People’s Republic of Korea unless specifi-
partment. ity provided by this section shall be credited to- cally appropriated for that purpose: Provided,
(c) This section does not apply to— ward any competitive or outsourcing goal, tar- That this restriction shall not apply to any ac-
(1) field operating agencies funded within the get, or measurement that may be established by tivities incidental to the Defense POW/MIA Ac-
National Intelligence Program; statute, regulation, or policy and is deemed to counting Agency mission to recover and identify
(2) an Army field operating agency established be awarded under the authority of, and in com- the remains of United States Armed Forces per-
to eliminate, mitigate, or counter the effects of pliance with, subsection (h) of section 2304 of sonnel from the Democratic People’s Republic of
improvised explosive devices, and, as determined title 10, United States Code, for the competition Korea.
by the Secretary of the Army, other similar or outsourcing of commercial activities. SEC. 8046. Funds appropriated in this Act for
threats; operation and maintenance of the Military De-
(RESCISSIONS)
(3) an Army field operating agency established partments, Combatant Commands and Defense
SEC. 8043. Of the funds appropriated in De- Agencies shall be available for reimbursement of
to improve the effectiveness and efficiencies of
partment of Defense Appropriations Acts, the pay, allowances and other expenses which
biometric activities and to integrate common bio-
following funds are hereby rescinded from the would otherwise be incurred against appropria-
metric technologies throughout the Department
following accounts and programs in the speci- tions for the National Guard and Reserve when
of Defense; or
(4) an Air Force field operating agency estab- fied amounts: Provided, That no amounts may members of the National Guard and Reserve
lished to administer the Air Force Mortuary Af- be rescinded from amounts that were designated provide intelligence or counterintelligence sup-
fairs Program and Mortuary Operations for the by the Congress for Overseas Contingency Oper- port to Combatant Commands, Defense Agencies
Department of Defense and authorized Federal ations/Global War on Terrorism or as an emer- and Joint Intelligence Activities, including the
entities. gency requirement pursuant to the Concurrent activities and programs included within the Na-
SEC. 8042. (a) None of the funds appropriated Resolution on the Budget or the Balanced tional Intelligence Program and the Military In-
by this Act shall be available to convert to con- Budget and Emergency Deficit Control Act of telligence Program: Provided, That nothing in
tractor performance an activity or function of 1985, as amended: this section authorizes deviation from estab-
the Department of Defense that, on or after the ‘‘Shipbuilding and Conversion, Navy: DDG–51 lished Reserve and National Guard personnel
date of the enactment of this Act, is performed Destroyer’’, 2014/2021, $66,567,000; and training procedures.
‘‘Procurement of Weapons and Tracked Com- SEC. 8047. (a) None of the funds available to
by Department of Defense civilian employees
bat Vehicles, Army’’, 2019/2021, $23,840,000; the Department of Defense for any fiscal year
unless—
‘‘Aircraft Procurement, Navy’’, 2019/2021, for drug interdiction or counter-drug activities
(1) the conversion is based on the result of a
$23,094,000; may be transferred to any other department or
public-private competition that includes a most
‘‘Aircraft Procurement, Air Force’’, 2019/2021, agency of the United States except as specifi-
efficient and cost effective organization plan de-
$465,447,000; cally provided in an appropriations law.
veloped by such activity or function;
‘‘Other Procurement, Air Force’’, 2019/2021, (b) None of the funds available to the Central
(2) the Competitive Sourcing Official deter-
$12,400,000; Intelligence Agency for any fiscal year for drug
mines that, over all performance periods stated
‘‘Aircraft Procurement, Army’’, 2020/2022, interdiction or counter-drug activities may be
in the solicitation of offers for performance of
$26,900,000; transferred to any other department or agency
the activity or function, the cost of performance ‘‘Missile Procurement, Army’’, 2020/2022, of the United States except as specifically pro-
of the activity or function by a contractor would $2,377,000; vided in an appropriations law.
be less costly to the Department of Defense by ‘‘Procurement of Weapons and Tracked Com- SEC. 8048. None of the funds appropriated by
an amount that equals or exceeds the lesser of— bat Vehicles, Army’’, 2020/2022, $148,141,000; this Act may be used for the procurement of ball
(A) 10 percent of the most efficient organiza- ‘‘Procurement of Ammunition, Army’’, 2020/ and roller bearings other than those produced
tion’s personnel-related costs for performance of 2022, $7,500,000; by a domestic source and of domestic origin:
that activity or function by Federal employees; ‘‘Other Procurement, Army’’, 2020/2022, Provided, That the Secretary of the military de-
or $13,175,000; partment responsible for such procurement may
(B) $10,000,000; and ‘‘Aircraft Procurement, Navy’’, 2020/2022, waive this restriction on a case-by-case basis by
(3) the contractor does not receive an advan- $417,128,000; certifying in writing to the Committees on Ap-
tage for a proposal that would reduce costs for ‘‘Weapons Procurement, Navy’’, 2020/2022, propriations of the House of Representatives
the Department of Defense by— $7,500,000; and the Senate, that adequate domestic supplies
(A) not making an employer-sponsored health ‘‘Procurement of Ammunition, Navy and Ma- are not available to meet Department of Defense
insurance plan available to the workers who are rine Corps’’, 2020/2022, $8,973,000; requirements on a timely basis and that such an
to be employed in the performance of that activ- ‘‘Shipbuilding and Conversion, Navy: TAO acquisition must be made in order to acquire ca-
ity or function under the contract; or Fleet Oiler (AP)’’, 2020/2024, $73,000,000; pability for national security purposes: Provided
(B) offering to such workers an employer- ‘‘Shipbuilding and Conversion, Navy: CVN further, That this restriction shall not apply to
sponsored health benefits plan that requires the Refueling Overhauls’’, 2020/2024, $13,100,000; the purchase of ‘‘commercial items’’, as defined
employer to contribute less towards the premium ‘‘Other Procurement, Navy’’, 2020/2022, by section 103 of title 41, United States Code, ex-
or subscription share than the amount that is $87,052,000; cept that the restriction shall apply to ball or
paid by the Department of Defense for health ‘‘Procurement, Marine Corps’’, 2020/2022, roller bearings purchased as end items.
benefits for civilian employees under chapter 89 $55,139,000; SEC. 8049. Of the amounts appropriated for
of title 5, United States Code. ‘‘Aircraft Procurement, Air Force’’, 2020/2022, ‘‘Working Capital Fund, Army’’, $125,000,000
(b)(1) The Department of Defense, without re- $543,015,000; shall be available to maintain competitive rates
gard to subsection (a) of this section or sub- ‘‘Missile Procurement, Air Force’’, 2020/2022, at the arsenals.
section (a), (b), or (c) of section 2461 of title 10, $24,500,000; SEC. 8050. In addition to the amounts appro-
United States Code, and notwithstanding any ‘‘Space Procurement, Air Force’’, 2020/2022, priated or otherwise made available elsewhere in
administrative regulation, requirement, or policy $64,400,000; this Act, $49,000,000 is hereby appropriated to
to the contrary shall have full authority to ‘‘Other Procurement, Air Force’’, 2020/2022, the Department of Defense: Provided, That
enter into a contract for the performance of any $66,726,000; upon the determination of the Secretary of De-
commercial or industrial type function of the ‘‘Research, Development, Test and Evalua- fense that it shall serve the national interest,
Department of Defense that— tion, Army’’, 2020/2021, $284,228,000; the Secretary shall make grants in the amounts
(A) is included on the procurement list estab- ‘‘Research, Development, Test and Evalua- specified as follows: $24,000,000 to the United
lished pursuant to section 2 of the Javits-Wag- tion, Navy’’, 2020/2021, $84,005,000; Service Organizations and $25,000,000 to the Red
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ner-O’Day Act (section 8503 of title 41, United ‘‘Research, Development, Test and Evalua- Cross.
States Code); tion, Air Force’’, 2020/2021, $251,809,000; SEC. 8051. None of the funds in this Act may
(B) is planned to be converted to performance ‘‘Research, Development, Test and Evalua- be used to purchase any supercomputer which is
by a qualified nonprofit agency for the blind or tion, Defense-Wide’’, 2020/2021, $378,031,000; and not manufactured in the United States, unless
by a qualified nonprofit agency for other se- ‘‘Defense Counterintelligence and Security the Secretary of Defense certifies to the congres-
verely handicapped individuals in accordance Agency Working Capital Fund’’, 2020/XXXX, sional defense committees that such an acquisi-
with that Act; or $100,000,000. tion must be made in order to acquire capability
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H7360 CONGRESSIONAL RECORD — HOUSE December 21, 2020
for national security purposes that is not avail- United States Code) a statement describing each title 10, United States Code, and the country
able from United States manufacturers. instance if any, during each of the fiscal years does not discriminate against the same or simi-
SEC. 8052. Notwithstanding any other provi- 2016 through 2021 in which the authority in this lar defense items produced in the United States
sion in this Act, the Small Business Innovation section was exercised. for that country.
Research program and the Small Business Tech- SEC. 8056. (a) Notwithstanding any other pro- (b) Subsection (a) applies with respect to—
nology Transfer program set-asides shall be vision of law, the Chief of the National Guard (1) contracts and subcontracts entered into on
taken proportionally from all programs, Bureau may permit the use of equipment of the or after the date of the enactment of this Act;
projects, or activities to the extent they con- National Guard Distance Learning Project by and
tribute to the extramural budget. The Secretary any person or entity on a space-available, reim- (2) options for the procurement of items that
of each military department, the Director of bursable basis. The Chief of the National Guard are exercised after such date under contracts
each Defense Agency, and the head of each Bureau shall establish the amount of reimburse- that are entered into before such date if the op-
other relevant component of the Department of ment for such use on a case-by-case basis. tion prices are adjusted for any reason other
Defense shall submit to the congressional de- (b) Amounts collected under subsection (a) than the application of a waiver granted under
fense committees, concurrent with submission of shall be credited to funds available for the Na- subsection (a).
tional Guard Distance Learning Project and be (c) Subsection (a) does not apply to a limita-
the budget justification documents to Congress
available to defray the costs associated with the tion regarding construction of public vessels,
pursuant to section 1105 of title 31, United
ball and roller bearings, food, and clothing or
States Code, a report with a detailed accounting use of equipment of the project under that sub-
textile materials as defined by section XI (chap-
of the Small Business Innovation Research pro- section. Such funds shall be available for such
ters 50–65) of the Harmonized Tariff Schedule of
gram and the Small Business Technology Trans- purposes without fiscal year limitation.
the United States and products classified under
fer program set-asides taken from programs, (INCLUDING TRANSFER OF FUNDS) headings 4010, 4202, 4203, 6401 through 6406,
projects, or activities within such department, SEC. 8057. Of the funds appropriated in this 6505, 7019, 7218 through 7229, 7304.41 through
agency, or component during the most recently Act under the heading ‘‘Operation and Mainte- 7304.49, 7306.40, 7502 through 7508, 8105, 8108,
completed fiscal year. nance, Defense-Wide’’, $46,000,000 shall be for 8109, 8211, 8215, and 9404.
SEC. 8053. None of the funds available to the continued implementation and expansion of the SEC. 8060. None of the funds appropriated or
Department of Defense under this Act shall be Sexual Assault Special Victims’ Counsel Pro- otherwise made available by this or other De-
obligated or expended to pay a contractor under gram: Provided, That the funds are made avail- partment of Defense Appropriations Acts may be
a contract with the Department of Defense for able for transfer to the Department of the Army, obligated or expended for the purpose of per-
costs of any amount paid by the contractor to the Department of the Navy, and the Depart- forming repairs or maintenance to military fam-
an employee when— ment of the Air Force: Provided further, That ily housing units of the Department of Defense,
(1) such costs are for a bonus or otherwise in funds transferred shall be merged with and including areas in such military family housing
excess of the normal salary paid by the con- available for the same purposes and for the units that may be used for the purpose of con-
tractor to the employee; and same time period as the appropriations to which ducting official Department of Defense business.
(2) such bonus is part of restructuring costs the funds are transferred: Provided further, SEC. 8061. Notwithstanding any other provi-
associated with a business combination. That this transfer authority is in addition to sion of law, funds appropriated in this Act
(INCLUDING TRANSFER OF FUNDS) any other transfer authority provided in this under the heading ‘‘Research, Development,
SEC. 8054. During the current fiscal year, no Act. Test and Evaluation, Defense-Wide’’ for any
more than $30,000,000 of appropriations made in SEC. 8058. None of the funds appropriated in new start advanced concept technology dem-
this Act under the heading ‘‘Operation and title IV of this Act may be used to procure end- onstration project or joint capability demonstra-
Maintenance, Defense-Wide’’ may be trans- items for delivery to military forces for oper- tion project may only be obligated 45 days after
ferred to appropriations available for the pay of ational training, operational use or inventory a report, including a description of the project,
military personnel, to be merged with, and to be requirements: Provided, That this restriction the planned acquisition and transition strategy
available for the same time period as the appro- does not apply to end-items used in develop- and its estimated annual and total cost, has
priations to which transferred, to be used in ment, prototyping, and test activities preceding been provided in writing to the congressional
support of such personnel in connection with and leading to acceptance for operational use: defense committees: Provided, That the Sec-
Provided further, That this restriction does not retary of Defense may waive this restriction on
support and services for eligible organizations
apply to programs funded within the National a case-by-case basis by certifying to the congres-
and activities outside the Department of Defense
Intelligence Program: Provided further, That sional defense committees that it is in the na-
pursuant to section 2012 of title 10, United
the Secretary of Defense shall, at the time of the tional interest to do so.
States Code. SEC. 8062. The Secretary of Defense shall con-
SEC. 8055. During the current fiscal year, in submittal to Congress of the budget of the Presi-
tinue to provide a classified quarterly report to
the case of an appropriation account of the De- dent for fiscal year 2022 pursuant to section 1105
the Committees on Appropriations of the House
partment of Defense for which the period of of title 31, United States Code, submit to the
of Representatives and the Senate, Subcommit-
availability for obligation has expired or which congressional defense committees a report detail- tees on Defense on certain matters as directed in
has closed under the provisions of section 1552 ing the use of funds requested in research, de- the classified annex accompanying this Act.
of title 31, United States Code, and which has a velopment, test and evaluation accounts for SEC. 8063. Notwithstanding section 12310(b) of
negative unliquidated or unexpended balance, end-items used in development, prototyping and title 10, United States Code, a Reserve who is a
an obligation or an adjustment of an obligation test activities preceding and leading to accept- member of the National Guard serving on full-
may be charged to any current appropriation ance for operational use: Provided further, That time National Guard duty under section 502(f)
account for the same purpose as the expired or the report shall set forth, for each end-item cov- of title 32, United States Code, may perform du-
closed account if— ered by the preceding proviso, a detailed list of ties in support of the ground-based elements of
(1) the obligation would have been properly the statutory authorities under which amounts the National Ballistic Missile Defense System.
chargeable (except as to amount) to the expired in the accounts described in that proviso were SEC. 8064. None of the funds provided in this
or closed account before the end of the period of used for such item: Provided further, That the Act may be used to transfer to any nongovern-
availability or closing of that account; Secretary of Defense shall, at the time of the mental entity ammunition held by the Depart-
(2) the obligation is not otherwise properly submittal to Congress of the budget of the Presi- ment of Defense that has a center-fire cartridge
chargeable to any current appropriation ac- dent for fiscal year 2022 pursuant to section 1105 and a United States military nomenclature des-
count of the Department of Defense; and of title 31, United States Code, submit to the ignation of ‘‘armor penetrator’’, ‘‘armor piercing
(3) in the case of an expired account, the obli- congressional defense committees a certification (AP)’’, ‘‘armor piercing incendiary (API)’’, or
gation is not chargeable to a current appropria- that funds requested for fiscal year 2022 in re- ‘‘armor-piercing incendiary tracer (API–T)’’, ex-
tion of the Department of Defense under the search, development, test and evaluation are in cept to an entity performing demilitarization
provisions of section 1405(b)(8) of the National compliance with this section: Provided further, services for the Department of Defense under a
Defense Authorization Act for Fiscal Year 1991, That the Secretary of Defense may waive this contract that requires the entity to demonstrate
Public Law 101–510, as amended (31 U.S.C. 1551 restriction on a case-by-case basis by certifying to the satisfaction of the Department of Defense
note): Provided, That in the case of an expired in writing to the Committees on Appropriations that armor piercing projectiles are either: (1)
account, if subsequent review or investigation of the House of Representatives and the Senate rendered incapable of reuse by the demilitariza-
discloses that there was not in fact a negative that it is in the national security interest to do tion process; or (2) used to manufacture ammu-
unliquidated or unexpended balance in the ac- so. nition pursuant to a contract with the Depart-
count, any charge to a current account under SEC. 8059. (a) The Secretary of Defense may, ment of Defense or the manufacture of ammuni-
the authority of this section shall be reversed on a case-by-case basis, waive with respect to a tion for export pursuant to a License for Perma-
and recorded against the expired account: Pro- foreign country each limitation on the procure- nent Export of Unclassified Military Articles
vided further, That the total amount charged to ment of defense items from foreign sources pro- issued by the Department of State.
ctelli on DSK11ZRN23PROD with HOUSE
a current appropriation under this section may vided in law if the Secretary determines that the SEC. 8065. Notwithstanding any other provi-
not exceed an amount equal to 1 percent of the application of the limitation with respect to that sion of law, the Chief of the National Guard
total appropriation for that account: country would invalidate cooperative programs Bureau, or his designee, may waive payment of
Provided, That the Under Secretary of Defense entered into between the Department of Defense all or part of the consideration that otherwise
(Comptroller) shall include with the budget of and the foreign country, or would invalidate re- would be required under section 2667 of title 10,
the President for fiscal year 2022 (as submitted ciprocal trade agreements for the procurement of United States Code, in the case of a lease of per-
to Congress pursuant to section 1105 of title 31, defense items entered into under section 2531 of sonal property for a period not in excess of 1
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H7361
year to any organization specified in section nishing of additional Fisher Houses to meet the actment of this Act, the Secretary of the Navy
508(d) of title 32, United States Code, or any needs of military family members when con- shall transfer funds to the following appropria-
other youth, social, or fraternal nonprofit orga- fronted with the illness or hospitalization of an tions in the amounts specified: Provided further,
nization as may be approved by the Chief of the eligible military beneficiary. That the amounts transferred shall be merged
National Guard Bureau, or his designee, on a (INCLUDING TRANSFER OF FUNDS) with and be available for the same purposes as
case-by-case basis. the appropriations to which transferred to:
SEC. 8069. Of the amounts appropriated for (1) Under the heading ‘‘Shipbuilding and
(INCLUDING TRANSFER OF FUNDS) ‘‘Operation and Maintenance, Navy’’, up to Conversion, Navy’’, 2008/2021: Carrier Replace-
SEC. 8066. Of the amounts appropriated in this $1,000,000 shall be available for transfer to the ment Program $71,000,000;
Act under the heading ‘‘Operation and Mainte- John C. Stennis Center for Public Service Devel- (2) Under the heading ‘‘Shipbuilding and
nance, Army’’, $133,724,000 shall remain avail- opment Trust Fund established under section Conversion, Navy’’, 2015/2021: DDG–51 Destroyer
able until expended: Provided, That, notwith- 116 of the John C. Stennis Center for Public $9,634,000;
standing any other provision of law, the Sec- Service Training and Development Act (2 U.S.C. (3) Under the heading ‘‘Shipbuilding and
retary of Defense is authorized to transfer such 1105). Conversion, Navy’’, 2016/2021: CVN Refueling
funds to other activities of the Federal Govern- SEC. 8070. None of the funds available to the Overhauls $186,200,000;
ment: Provided further, That the Secretary of Department of Defense may be obligated to mod- (4) Under the heading ‘‘Shipbuilding and
Defense is authorized to enter into and carry ify command and control relationships to give Conversion, Navy’’, 2016/2021: LPD–17
out contracts for the acquisition of real prop- Fleet Forces Command operational and adminis- $30,578,000;
erty, construction, personal services, and oper- trative control of United States Navy forces as- (5) Under the heading ‘‘Shipbuilding and
ations related to projects carrying out the pur- signed to the Pacific fleet: Provided, That the Conversion, Navy’’, 2016/2021: TAO Fleet Oiler
poses of this section: Provided further, That command and control relationships which ex- $42,500,000;
contracts entered into under the authority of isted on October 1, 2004, shall remain in force (6) Under the heading ‘‘Shipbuilding and
this section may provide for such indemnifica- until a written modification has been proposed Conversion, Navy’’, 2018/2021: TAO Fleet Oiler
tion as the Secretary determines to be necessary: to the Committees on Appropriations of the $17,400,000; and
Provided further, That projects authorized by House of Representatives and the Senate: Pro- (7) Under the heading ‘‘Shipbuilding and
this section shall comply with applicable Fed- vided further, That the proposed modification Conversion, Navy’’, 2018/2021: Expeditionary
eral, State, and local law to the maximum extent may be implemented 30 days after the notifica- Fast Transport $50,000,000.
tion unless an objection is received from either SEC. 8074. Funds appropriated by this Act, or
consistent with the national security, as deter-
made available by the transfer of funds in this
mined by the Secretary of Defense. the House or Senate Appropriations Committees:
Act, for intelligence activities are deemed to be
SEC. 8067. (a) None of the funds appropriated Provided further, That any proposed modifica-
specifically authorized by the Congress for pur-
in this or any other Act may be used to take any tion shall not preclude the ability of the com-
poses of section 504 of the National Security Act
action to modify— mander of United States Indo-Pacific Command
of 1947 (50 U.S.C. 3094) during fiscal year 2021
(1) the appropriations account structure for to meet operational requirements.
until the enactment of the Intelligence Author-
the National Intelligence Program budget, in- SEC. 8071. Any notice that is required to be
ization Act for Fiscal Year 2021.
cluding through the creation of a new appro- submitted to the Committees on Appropriations SEC. 8075. None of the funds provided in this
priation or new appropriation account; of the House of Representatives and the Senate Act shall be available for obligation or expendi-
(2) how the National Intelligence Program under section 806(c)(4) of the Bob Stump Na- ture through a reprogramming of funds that cre-
budget request is presented in the unclassified tional Defense Authorization Act for Fiscal ates or initiates a new program, project, or ac-
P–1, R–1, and O–1 documents supporting the De- Year 2003 (10 U.S.C. 2302 note) after the date of tivity unless such program, project, or activity
partment of Defense budget request; the enactment of this Act shall be submitted must be undertaken immediately in the interest
(3) the process by which the National Intel- pursuant to that requirement concurrently to of national security and only after written prior
ligence Program appropriations are apportioned the Subcommittees on Defense of the Committees notification to the congressional defense com-
to the executing agencies; or on Appropriations of the House of Representa- mittees.
(4) the process by which the National Intel- tives and the Senate. SEC. 8076. The budget of the President for fis-
ligence Program appropriations are allotted, ob- (INCLUDING TRANSFER OF FUNDS) cal year 2022 submitted to the Congress pursu-
ligated and disbursed. ant to section 1105 of title 31, United States
SEC. 8072. Of the amounts appropriated in this
(b) Nothing in subsection (a) shall be con- Code, shall include separate budget justification
Act under the headings ‘‘Procurement, Defense-
strued to prohibit the merger of programs or documents for costs of United States Armed
Wide’’ and ‘‘Research, Development, Test and
changes to the National Intelligence Program Forces’ participation in contingency operations
Evaluation, Defense-Wide’’, $500,000,000 shall be
budget at or below the Expenditure Center level, for the Military Personnel accounts, the Oper-
for the Israeli Cooperative Programs: Provided,
provided such change is otherwise in accord- ation and Maintenance accounts, the Procure-
That of this amount, $73,000,000 shall be for the
ance with paragraphs (a)(1)–(3). ment accounts, and the Research, Development,
Secretary of Defense to provide to the Govern-
(c) The Director of National Intelligence and Test and Evaluation accounts: Provided, That
ment of Israel for the procurement of the Iron
the Secretary of Defense may jointly, only for these documents shall include a description of
Dome defense system to counter short-range
the purposes of achieving auditable financial the funding requested for each contingency op-
rocket threats, subject to the U.S.-Israel Iron
statements and improving fiscal reporting, study eration, for each military service, to include all
Dome Procurement Agreement, as amended;
and develop detailed proposals for alternative fi- Active and Reserve components, and for each
$177,000,000 shall be for the Short Range Bal-
nancial management processes. Such study shall appropriations account: Provided further, That
listic Missile Defense (SRBMD) program, includ-
include a comprehensive counterintelligence risk these documents shall include estimated costs
ing cruise missile defense research and develop-
assessment to ensure that none of the alter- for each element of expense or object class, a
ment under the SRBMD program, of which
native processes will adversely affect counter- reconciliation of increases and decreases for
$50,000,000 shall be for co-production activities
intelligence. each contingency operation, and programmatic
of SRBMD systems in the United States and in
(d) Upon development of the detailed pro- data including, but not limited to, troop
Israel to meet Israel’s defense requirements con-
posals defined under subsection (c), the Director strength for each Active and Reserve compo-
sistent with each nation’s laws, regulations,
of National Intelligence and the Secretary of nent, and estimates of the major weapons sys-
and procedures, subject to the U.S.-Israeli co-
Defense shall— tems deployed in support of each contingency:
production agreement for SRBMD, as amended;
(1) provide the proposed alternatives to all af- Provided further, That these documents shall
$77,000,000 shall be for an upper-tier component
fected agencies; include budget exhibits OP–5 and OP–32 (as de-
to the Israeli Missile Defense Architecture, of
(2) receive certification from all affected agen- fined in the Department of Defense Financial
which $77,000,000 shall be for co-production ac-
cies attesting that the proposed alternatives will Management Regulation) for all contingency
tivities of Arrow 3 Upper Tier systems in the
help achieve auditability, improve fiscal report- operations for the budget year and the two pre-
United States and in Israel to meet Israel’s de-
ing, and will not adversely affect counterintel- ceding fiscal years.
fense requirements consistent with each nation’s
ligence; and SEC. 8077. None of the funds in this Act may
laws, regulations, and procedures, subject to the
(3) not later than 30 days after receiving all be used for research, development, test, evalua-
U.S.-Israeli co-production agreement for Arrow
necessary certifications under paragraph (2), tion, procurement or deployment of nuclear
3 Upper Tier, as amended; and $173,000,000 shall
present the proposed alternatives and certifi- armed interceptors of a missile defense system.
be for the Arrow System Improvement Program
cations to the congressional defense and intel- SEC. 8078. The Secretary of Defense may use
including development of a long range, ground
ligence committees. up to $650,000,000 of the amounts appropriated
and airborne, detection suite: Provided further,
SEC. 8068. In addition to amounts provided or otherwise made available in this Act to the
That the transfer authority provided under this
elsewhere in this Act, $10,000,000 is hereby ap- Department of Defense for the rapid acquisition
provision is in addition to any other transfer
propriated to the Department of Defense, to re- and deployment of supplies and associated sup-
authority contained in this Act.
ctelli on DSK11ZRN23PROD with HOUSE
main available for obligation until expended: port services pursuant to section 806 of the Bob
Provided, That notwithstanding any other pro- (INCLUDING TRANSFER OF FUNDS) Stump National Defense Authorization Act for
vision of law, that upon the determination of SEC. 8073. Of the amounts appropriated in this Fiscal Year 2003 (Public Law 107–314; 10 U.S.C.
the Secretary of Defense that it shall serve the Act under the heading ‘‘Shipbuilding and Con- 2302 note), but only for the purposes specified in
national interest, these funds shall be available version, Navy’’, $407,312,000 shall be available clauses (i), (ii), (iii), and (iv) of subsection
only for a grant to the Fisher House Founda- until September 30, 2021, to fund prior year ship- (c)(3)(B) of such section and subject to the ap-
tion, Inc., only for the construction and fur- building cost increases: Provided, That upon en- plicable limits specified in clauses (i), (ii), and
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H7362 CONGRESSIONAL RECORD — HOUSE December 21, 2020
(iii) of such subsection and, in the case of clause section 331(d) of title 10, United States Code, making remittances to the Department of De-
(iv) of such subsection, subject to a limit of shall be made in accordance with section 8005 or fense Acquisition Workforce Development Ac-
$50,000,000: Provided, That the Secretary of De- 9002 of this Act, as applicable. count in accordance with section 1705 of title 10,
fense shall notify the congressional defense com- SEC. 8086. Any transfer of amounts appro- United States Code.
mittees promptly of all uses of this authority. priated to the Department of Defense Acquisi- SEC. 8093. (a) Any agency receiving funds
SEC. 8079. None of the funds appropriated or tion Workforce Development Account in or for made available in this Act, shall, subject to sub-
made available in this Act shall be used to re- fiscal year 2021 to a military department or De- sections (b) and (c), post on the public Web site
duce or disestablish the operation of the 53rd fense Agency pursuant to section 1705(e)(1) of of that agency any report required to be sub-
Weather Reconnaissance Squadron of the Air title 10, United States Code, shall be covered by mitted by the Congress in this or any other Act,
Force Reserve, if such action would reduce the and subject to section 8005 or 9002 of this Act, as upon the determination by the head of the agen-
WC–130 Weather Reconnaissance mission below applicable. cy that it shall serve the national interest.
the levels funded in this Act: Provided, That the SEC. 8087. None of the funds made available (b) Subsection (a) shall not apply to a report
Air Force shall allow the 53rd Weather Recon- by this Act for excess defense articles, assistance if—
naissance Squadron to perform other missions in under section 333 of title 10, United States Code, (1) the public posting of the report com-
support of national defense requirements during or peacekeeping operations for the countries promises national security; or
designated annually to be in violation of the (2) the report contains proprietary informa-
the non-hurricane season.
SEC. 8080. None of the funds provided in this standards of the Child Soldiers Prevention Act tion.
(c) The head of the agency posting such re-
Act shall be available for integration of foreign of 2008 (Public Law 110–457; 22 U.S.C. 2370c–1)
port shall do so only after such report has been
intelligence information unless the information may be used to support any military training or
made available to the requesting Committee or
has been lawfully collected and processed dur- operation that includes child soldiers, as defined
Committees of Congress for no less than 45 days.
ing the conduct of authorized foreign intel- by the Child Soldiers Prevention Act of 2008, un- SEC. 8094. (a) None of the funds appropriated
ligence activities: Provided, That information less such assistance is otherwise permitted under or otherwise made available by this Act may be
pertaining to United States persons shall only section 404 of the Child Soldiers Prevention Act expended for any Federal contract for an
be handled in accordance with protections pro- of 2008. amount in excess of $1,000,000, unless the con-
vided in the Fourth Amendment of the United SEC. 8088. (a) None of the funds provided for
tractor agrees not to—
States Constitution as implemented through Ex- the National Intelligence Program in this or any (1) enter into any agreement with any of its
ecutive Order No. 12333. prior appropriations Act shall be available for employees or independent contractors that re-
SEC. 8081. (a) None of the funds appropriated obligation or expenditure through a reprogram- quires, as a condition of employment, that the
by this Act may be used to transfer research and ming or transfer of funds in accordance with employee or independent contractor agree to re-
development, acquisition, or other program au- section 102A(d) of the National Security Act of solve through arbitration any claim under title
thority relating to current tactical unmanned 1947 (50 U.S.C. 3024(d)) that— VII of the Civil Rights Act of 1964 or any tort re-
aerial vehicles (TUAVs) from the Army. (1) creates a new start effort; lated to or arising out of sexual assault or har-
(b) The Army shall retain responsibility for (2) terminates a program with appropriated
assment, including assault and battery, inten-
and operational control of the MQ–1C Gray funding of $10,000,000 or more;
tional infliction of emotional distress, false im-
Eagle Unmanned Aerial Vehicle (UAV) in order (3) transfers funding into or out of the Na-
prisonment, or negligent hiring, supervision, or
to support the Secretary of Defense in matters tional Intelligence Program; or
(4) transfers funding between appropriations, retention; or
relating to the employment of unmanned aerial (2) take any action to enforce any provision of
unless the congressional intelligence committees
vehicles. an existing agreement with an employee or inde-
SEC. 8082. None of the funds appropriated by are notified 30 days in advance of such re-
pendent contractor that mandates that the em-
this Act for programs of the Office of the Direc- programming of funds; this notification period
ployee or independent contractor resolve
tor of National Intelligence shall remain avail- may be reduced for urgent national security re-
through arbitration any claim under title VII of
able for obligation beyond the current fiscal quirements.
(b) None of the funds provided for the Na- the Civil Rights Act of 1964 or any tort related
year, except for funds appropriated for research to or arising out of sexual assault or harass-
tional Intelligence Program in this or any prior
and technology, which shall remain available ment, including assault and battery, intentional
appropriations Act shall be available for obliga-
until September 30, 2022. infliction of emotional distress, false imprison-
SEC. 8083. For purposes of section 1553(b) of tion or expenditure through a reprogramming or
ment, or negligent hiring, supervision, or reten-
title 31, United States Code, any subdivision of transfer of funds in accordance with section
tion.
appropriations made in this Act under the head- 102A(d) of the National Security Act of 1947 (50 (b) None of the funds appropriated or other-
ing ‘‘Shipbuilding and Conversion, Navy’’ shall U.S.C. 3024(d)) that results in a cumulative in- wise made available by this Act may be ex-
be considered to be for the same purpose as any crease or decrease of the levels specified in the pended for any Federal contract unless the con-
subdivision under the heading ‘‘Shipbuilding classified annex accompanying the Act unless tractor certifies that it requires each covered
and Conversion, Navy’’ appropriations in any the congressional intelligence committees are no- subcontractor to agree not to enter into, and not
prior fiscal year, and the 1 percent limitation tified 30 days in advance of such reprogramming to take any action to enforce any provision of,
shall apply to the total amount of the appro- of funds; this notification period may be re- any agreement as described in paragraphs (1)
priation. duced for urgent national security requirements. and (2) of subsection (a), with respect to any
SEC. 8089. In this fiscal year and each fiscal employee or independent contractor performing
SEC. 8084. (a) Not later than 60 days after the
year thereafter, funds appropriated under the work related to such subcontract. For purposes
date of enactment of this Act, the Director of
heading ‘‘Procurement, Space Force’’ may be of this subsection, a ‘‘covered subcontractor’’ is
National Intelligence shall submit a report to
obligated for payment of satellite on-orbit incen- an entity that has a subcontract in excess of
the congressional intelligence committees to es-
tives in the fiscal year in which an incentive $1,000,000 on a contract subject to subsection
tablish the baseline for application of re-
payment is earned: Provided, That any obliga- (a).
programming and transfer authorities for fiscal
tion made pursuant to this section may not be (c) The prohibitions in this section do not
year 2021: Provided, That the report shall in-
entered into until 30 calendar days in session apply with respect to a contractor’s or sub-
clude—
(1) a table for each appropriation with a sepa- after the congressional defense committees have contractor’s agreements with employees or inde-
rate column to display the President’s budget re- been notified that an on-orbit incentive payment pendent contractors that may not be enforced in
quest, adjustments made by Congress, adjust- has been earned. a court of the United States.
SEC. 8090. For the purposes of this Act, the (d) The Secretary of Defense may waive the
ments due to enacted rescissions, if appropriate,
term ‘‘congressional intelligence committees’’ application of subsection (a) or (b) to a par-
and the fiscal year enacted level;
(2) a delineation in the table for each appro- means the Permanent Select Committee on Intel- ticular contractor or subcontractor for the pur-
priation by Expenditure Center and project; and ligence of the House of Representatives, the Se- poses of a particular contract or subcontract if
(3) an identification of items of special con- lect Committee on Intelligence of the Senate, the the Secretary or the Deputy Secretary person-
gressional interest. Subcommittee on Defense of the Committee on ally determines that the waiver is necessary to
(b) None of the funds provided for the Na- Appropriations of the House of Representatives, avoid harm to national security interests of the
tional Intelligence Program in this Act shall be and the Subcommittee on Defense of the Com- United States, and that the term of the contract
available for reprogramming or transfer until mittee on Appropriations of the Senate. or subcontract is not longer than necessary to
the report identified in subsection (a) is sub- (INCLUDING TRANSFER OF FUNDS) avoid such harm. The determination shall set
mitted to the congressional intelligence commit- SEC. 8091. During the current fiscal year, not forth with specificity the grounds for the waiver
tees, unless the Director of National Intelligence to exceed $11,000,000 from each of the appropria- and for the contract or subcontract term se-
certifies in writing to the congressional intel- tions made in title II of this Act for ‘‘Operation lected, and shall state any alternatives consid-
ligence committees that such reprogramming or and Maintenance, Army’’, ‘‘Operation and ered in lieu of a waiver and the reasons each
transfer is necessary as an emergency require- Maintenance, Navy’’, and ‘‘Operation and such alternative would not avoid harm to na-
ctelli on DSK11ZRN23PROD with HOUSE
ment. Maintenance, Air Force’’ may be transferred by tional security interests of the United States.
SEC. 8085. Notwithstanding any other provi- the military department concerned to its central The Secretary of Defense shall transmit to Con-
sion of law, any transfer of funds, appropriated fund established for Fisher Houses and Suites gress, and simultaneously make public, any de-
or otherwise made available by this Act, for sup- pursuant to section 2493(d) of title 10, United termination under this subsection not less than
port to friendly foreign countries in connection States Code. 15 business days before the contract or sub-
with the conduct of operations in which the SEC. 8092. None of the funds appropriated by contract addressed in the determination may be
United States is not participating, pursuant to this Act may be available for the purpose of awarded.
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H7363
(INCLUDING TRANSFER OF FUNDS) any other official or officer of the Department of SEC. 8107. If the Secretary of a military de-
SEC. 8095. From within the funds appropriated Defense, to enter into a contract, memorandum partment reduces each research, development,
for operation and maintenance for the Defense of understanding, or cooperative agreement test and evaluation, and procurement account
Health Program in this Act, up to $137,000,000, with, or make a grant to, or provide a loan or of the military department pursuant to para-
shall be available for transfer to the Joint De- loan guarantee to Rosoboronexport or any sub- graph (1) of section 828(d) of the National De-
partment of Defense-Department of Veterans Af- sidiary of Rosoboronexport. fense Authorization Act for Fiscal Year 2016
fairs Medical Facility Demonstration Fund in (b) The Secretary of Defense may waive the (Public Law 114–92; 10 U.S.C. 2430 note), the
accordance with the provisions of section 1704 of limitation in subsection (a) if the Secretary, in Secretary shall allocate the reduction deter-
the National Defense Authorization Act for Fis- consultation with the Secretary of State and the mined under paragraph (2) of such section
cal Year 2010, Public Law 111–84: Provided, Director of National Intelligence, determines 828(d) proportionally from all programs,
That for purposes of section 1704(b), the facility that it is in the vital national security interest projects, or activities under such account: Pro-
operations funded are operations of the inte- of the United States to do so, and certifies in vided, That the authority under section
grated Captain James A. Lovell Federal Health writing to the congressional defense committees 804(d)(2) of the National Defense Authorization
Care Center, consisting of the North Chicago that— Act for Fiscal Year 2016 (Public Law 114–92; 10
Veterans Affairs Medical Center, the Navy Am- (1) Rosoboronexport has ceased the transfer of U.S.C. 2302 note) to transfer amounts available
bulatory Care Center, and supporting facilities lethal military equipment to, and the mainte- in the Rapid Prototyping Fund shall be subject
designated as a combined Federal medical facil- nance of existing lethal military equipment for, to section 8005 or 9002 of this Act, as applicable.
ity as described by section 706 of Public Law the Government of the Syrian Arab Republic; SEC. 8108. None of the funds made available
110–417: Provided further, That additional funds (2) the armed forces of the Russian Federation by this Act may be used by the National Secu-
may be transferred from funds appropriated for have withdrawn from Crimea, other than armed rity Agency to—
operation and maintenance for the Defense forces present on military bases subject to agree- (1) conduct an acquisition pursuant to section
Health Program to the Joint Department of De- ments in force between the Government of the 702 of the Foreign Intelligence Surveillance Act
fense-Department of Veterans Affairs Medical Russian Federation and the Government of of 1978 for the purpose of targeting a United
Facility Demonstration Fund upon written noti- Ukraine; and States person; or
fication by the Secretary of Defense to the Com- (3) agents of the Russian Federation have (2) acquire, monitor, or store the contents (as
mittees on Appropriations of the House of Rep- ceased taking active measures to destabilize the such term is defined in section 2510(8) of title 18,
resentatives and the Senate. control of the Government of Ukraine over east- United States Code) of any electronic commu-
SEC. 8096. None of the funds appropriated or ern Ukraine. nication of a United States person from a pro-
otherwise made available by this Act may be (c) The Inspector General of the Department vider of electronic communication services to the
used by the Department of Defense or a compo- of Defense shall conduct a review of any action public pursuant to section 501 of the Foreign In-
nent thereof in contravention of the provisions involving Rosoboronexport with respect to a telligence Surveillance Act of 1978.
of section 130h of title 10, United States Code. waiver issued by the Secretary of Defense pur- SEC. 8109. None of the funds made available in
SEC. 8097. Appropriations available to the De- suant to subsection (b), and not later than 90 this or any other Act may be used to pay the
partment of Defense may be used for the pur- days after the date on which such a waiver is salary of any officer or employee of any agency
chase of heavy and light armored vehicles for issued by the Secretary of Defense, the Inspector funded by this Act who approves or implements
the physical security of personnel or for force General shall submit to the congressional de- the transfer of administrative responsibilities or
protection purposes up to a limit of $450,000 per fense committees a report containing the results budgetary resources of any program, project, or
vehicle, notwithstanding price or other limita- of the review conducted with respect to such activity financed by this Act to the jurisdiction
tions applicable to the purchase of passenger waiver. of another Federal agency not financed by this
carrying vehicles. SEC. 8103. None of the funds made available in
Act without the express authorization of Con-
this Act may be used for the purchase or manu-
(INCLUDING TRANSFER OF FUNDS) gress: Provided, That this limitation shall not
facture of a flag of the United States unless
SEC. 8098. Upon a determination by the Direc- apply to transfers of funds expressly provided
such flags are treated as covered items under
tor of National Intelligence that such action is for in Defense Appropriations Acts, or provi-
section 2533a(b) of title 10, United States Code.
necessary and in the national interest, the Di- sions of Acts providing supplemental appropria-
SEC. 8104. (a) None of the funds appropriated
rector may, with the approval of the Office of tions for the Department of Defense.
or otherwise made available in this or any other
Management and Budget, transfer not to exceed SEC. 8110. Of the amounts appropriated in this
Act may be used to construct, acquire, or modify
$1,500,000,000 of the funds made available in this Act for ‘‘Operation and Maintenance, Navy’’,
any facility in the United States, its territories,
Act for the National Intelligence Program: Pro- $376,029,000, to remain available until expended,
or possessions to house any individual described
vided, That such authority to transfer may not may be used for any purposes related to the Na-
in subsection (c) for the purposes of detention or
be used unless for higher priority items, based tional Defense Reserve Fleet established under
imprisonment in the custody or under the effec-
on unforeseen intelligence requirements, than section 11 of the Merchant Ship Sales Act of
tive control of the Department of Defense.
those for which originally appropriated and in (b) The prohibition in subsection (a) shall not 1946 (46 U.S.C. 57100): Provided, That such
no case where the item for which funds are re- apply to any modification of facilities at United amounts are available for reimbursements to the
quested has been denied by the Congress: Pro- States Naval Station, Guantánamo Bay, Cuba. Ready Reserve Force, Maritime Administration
vided further, That a request for multiple (c) An individual described in this subsection account of the United States Department of
reprogrammings of funds using authority pro- is any individual who, as of June 24, 2009, is lo- Transportation for programs, projects, activities,
vided in this section shall be made prior to June cated at United States Naval Station, and expenses related to the National Defense
30, 2021. Guantánamo Bay, Cuba, and who— Reserve Fleet.
SEC. 8099. None of the funds made available (1) is not a citizen of the United States or a SEC. 8111. None of the funds made available in
by this Act may be used in contravention of the member of the Armed Forces of the United this Act may be obligated for activities author-
War Powers Resolution (50 U.S.C. 1541 et seq.). States; and ized under section 1208 of the Ronald W.
SEC. 8100. None of the funds appropriated or (2) is— Reagan National Defense Authorization Act for
otherwise made available in this or any other (A) in the custody or under the effective con- Fiscal Year 2005 (Public Law 112–81; 125 Stat.
Act may be used to transfer, release, or assist in trol of the Department of Defense; or 1621) to initiate support for, or expand support
the transfer or release to or within the United (B) otherwise under detention at United to, foreign forces, irregular forces, groups, or in-
States, its territories, or possessions Khalid States Naval Station, Guantánamo Bay, Cuba. dividuals unless the congressional defense com-
Sheikh Mohammed or any other detainee who— SEC. 8105. Of the amounts appropriated in this mittees are notified in accordance with the di-
(1) is not a United States citizen or a member Act for ‘‘Shipbuilding and Conversion, Navy’’, rection contained in the classified annex accom-
of the Armed Forces of the United States; and $60,000,000, to remain available for obligation panying this Act, not less than 15 days before
(2) is or was held on or after June 24, 2009, at until September 30, 2025, may be used for the initiating such support: Provided, That none of
United States Naval Station, Guantánamo Bay, purchase of two used sealift vessels for the Na- the funds made available in this Act may be
Cuba, by the Department of Defense. tional Defense Reserve Fleet, established under used under section 1208 for any activity that is
SEC. 8101. None of the funds appropriated or section 11 of the Merchant Ship Sales Act of not in support of an ongoing military operation
otherwise made available in this Act may be 1946 (46 U.S.C. 57100): Provided, That such being conducted by United States Special Oper-
used to transfer any individual detained at amounts are available for reimbursements to the ations Forces to combat terrorism: Provided fur-
United States Naval Station Guantánamo Bay, Ready Reserve Force, Maritime Administration ther, That the Secretary of Defense may waive
Cuba, to the custody or control of the individ- account of the United States Department of the prohibitions in this section if the Secretary
ual’s country of origin, any other foreign coun- Transportation for programs, projects, activities, determines that such waiver is required by ex-
try, or any other foreign entity except in accord- and expenses related to the National Defense traordinary circumstances and, by not later
ance with section 1034 of the National Defense Reserve Fleet: Provided further, That notwith- than 72 hours after making such waiver, notifies
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Authorization Act for Fiscal Year 2016 (Public standing 10 U.S.C. 2218 (National Defense Sea- the congressional defense committees of such
Law 114–92) and section 1035 of the John S. lift Fund), none of these funds shall be trans- waiver.
McCain National Defense Authorization Act for ferred to the National Defense Sealift Fund for SEC. 8112. The Secretary of Defense, in con-
Fiscal Year 2019 (Public Law 115–232). execution. sultation with the Service Secretaries, shall sub-
SEC. 8102. (a) None of the funds appropriated SEC. 8106. The Secretary of Defense shall post mit a report to the congressional defense com-
or otherwise made available by this or any other grant awards on a public website in a search- mittees, not later than 180 days after the enact-
Act may be used by the Secretary of Defense, or able format. ment of this Act, detailing the submission of
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H7364 CONGRESSIONAL RECORD — HOUSE December 21, 2020
records during the previous 12 months to data- air vehicles or any other F–35 weapon system of the Secretary of the Air Force and the Sec-
bases accessible to the National Instant Crimi- equipment to the Republic of Turkey, except in retary of the Navy, notify the congressional de-
nal Background Check System (NICS), includ- accordance with section 1245 of the National fense committees not fewer than 30 days prior to
ing the Interstate Identification Index (III), the Defense Authorization Act for Fiscal Year 2020 obligating and expending funds under this sec-
National Crime Information Center (NCIC), and (Public Law 116–92). tion: Provided further, That any transfer of
the NICS Index, as required by Public Law 110– SEC. 8118. In addition to amounts provided funds pursuant to the authority provided in this
180: Provided, That such report shall provide elsewhere in this Act, there is appropriated section shall be made in accordance with section
the number and category of records submitted $284,000,000, for an additional amount for ‘‘Op- 8005 or 9002 of this Act, as appropriate, if appli-
by month to each such database, by Service or eration and Maintenance, Defense-Wide’’, to re- cable: Provided further, That aircraft referred to
Component: Provided further, That such report main available until expended: Provided, That previously in this section are not additional to
shall identify the number and category of such funds shall only be available to the Sec- aircraft referred to in section 8135 of the Depart-
records submitted by month to those databases retary of Defense, acting through the Office of ment of Defense Appropriations Act, 2019 and
for which the Identification for Firearm Sales Economic Adjustment of the Department of De- section 8126 of the Department of Defense Ap-
(IFFS) flag or other database flags were used to fense, or for transfer to the Secretary of Edu- propriations Act, 2020.
pre-validate the records and indicate that such cation, notwithstanding any other provision of SEC. 8123. Amounts appropriated for ‘‘Defense
persons are prohibited from receiving or pos- law, to make grants, conclude cooperative Health Program’’ in this Act and hereafter may
sessing a firearm: Provided further, That such agreements, or supplement other Federal funds be obligated to make death gratuity payments,
report shall describe the steps taken during the to construct, renovate, repair, or expand ele- as authorized in subchapter II of chapter 75 of
previous 12 months, by Service or Component, to mentary and secondary public schools on mili- title 10, United States Code, if no appropriation
ensure complete and accurate submission and tary installations in order to address capacity or for ‘‘Military Personnel’’ is available for obliga-
appropriate flagging of records of individuals facility condition deficiencies at such schools: tion for such payments: Provided, That such ob-
prohibited from gun possession or receipt pursu- Provided further, That in making such funds ligations may subsequently be recorded against
ant to 18 U.S.C. 922(g) or (n) including applica- available, the Office of Economic Adjustment or appropriations available for ‘‘Military Per-
ble records involving proceedings under the Uni- the Secretary of Education shall give priority sonnel’’.
form Code of Military Justice. consideration to those military installations
SEC. 8113. (a) None of the funds provided in with schools having the most serious capacity or SEC. 8124. (a) None of the funds made avail-
this Act for the TAO Fleet Oiler program shall facility condition deficiencies as determined by able by this or any other Act may be used to
be used to award a new contract that provides the Secretary of Defense: Provided further, That enter into a contract, memorandum of under-
for the acquisition of the following components as a condition of receiving funds under this sec- standing, or cooperative agreement with, make a
unless those components are manufactured in tion a local educational agency or State shall grant to, or provide a loan or loan guarantee to
the United States: Auxiliary equipment (includ- provide a matching share as described in the no- any corporation that has any unpaid Federal
ing pumps) for shipboard services; propulsion tice titled ‘‘Department of Defense Program for tax liability that has been assessed, for which
equipment (including engines, reduction gears, Construction, Renovation, Repair or Expansion all judicial and administrative remedies have
and propellers); shipboard cranes; and spreaders of Public Schools Located on Military Installa- been exhausted or have lapsed, and that is not
for shipboard cranes. tions’’ published by the Department of Defense being paid in a timely manner pursuant to an
(b) None of the funds provided in this Act for agreement with the authority responsible for
in the Federal Register on September 9, 2011 (76
the FFG(X) Frigate program shall be used to collecting such tax liability, provided that the
Fed. Reg. 55883 et seq.): Provided further, That
award a new contract that provides for the ac- applicable Federal agency is aware of the un-
these provisions apply to funds provided under
quisition of the following components unless paid Federal tax liability.
this section, and to funds previously provided
those components are manufactured in the (b) Subsection (a) shall not apply if the appli-
by Congress to construct, renovate, repair, or
United States: Air circuit breakers; gyro- cable Federal agency has considered suspension
expand elementary and secondary public
compasses; electronic navigation chart systems; or debarment of the corporation described in
schools on military installations in order to ad-
steering controls; pumps; propulsion and ma- such subsection and has made a determination
chinery control systems; totally enclosed life- dress capacity or facility condition deficiencies
at such schools to the extent such funds remain that such suspension or debarment is not nec-
boats; auxiliary equipment pumps; shipboard essary to protect the interests of the Federal
cranes; auxiliary chill water systems; and pro- unobligated on the date of enactment of this
section. Government.
pulsion propellers: Provided, That the Secretary
SEC. 8119. In carrying out the program de- SEC. 8125. During fiscal year 2021, any ad-
of the Navy shall incorporate United States
scribed in the memorandum on the subject of vance billing for background investigation serv-
manufactured propulsion engines and propul-
‘‘Policy for Assisted Reproductive Services for ices and related services purchased from activi-
sion reduction gears into the FFG(X) Frigate
the Benefit of Seriously or Severely Ill/Injured ties financed using Defense Working Capital
program beginning not later than with the elev-
(Category II or III) Active Duty Service Mem- Funds shall be excluded from the calculation of
enth ship of the program.
SEC. 8114. No amounts credited or otherwise bers’’ issued by the Assistant Secretary of De- cumulative advance billings under section
made available in this or any other Act to the fense for Health Affairs on April 3, 2012, and the 2208(l)(3) of title 10, United States Code.
Department of Defense Acquisition Workforce guidance issued to implement such memo- SEC. 8126. None of the funds appropriated or
Development Account may be transferred to: randum, the Secretary of Defense shall apply otherwise made available by this Act may be
(1) the Rapid Prototyping Fund established such policy and guidance, except that— used to transfer the National Reconnaissance
under section 804(d) of the National Defense (1) the limitation on periods regarding embryo Office to the Space Force: Provided, That noth-
Authorization Act for Fiscal Year 2016 (10 cryopreservation and storage set forth in part ing in this Act shall be construed to limit or pro-
U.S.C. 2302 note); or III(G) and in part IV(H) of such memorandum hibit cooperation, collaboration, and coordina-
(2) credited to a military-department specific shall not apply; and tion between the National Reconnaissance Of-
fund established under section 804(d)(2) of the (2) the term ‘‘assisted reproductive tech-
fice and the Space Force or any other elements
National Defense Authorization Act for Fiscal nology’’ shall include embryo cryopreservation
of the Department of Defense.
Year 2016 (as amended by section 897 of the Na- and storage without limitation on the duration
of such cryopreservation and storage. SEC. 8127. None of the funds appropriated or
tional Defense Authorization Act for Fiscal
SEC. 8120. None of the funds made available otherwise made available by this Act may be
Year 2017).
SEC. 8115. None of the funds made available by this Act may be used to carry out the closure used to transfer any element of the Department
by this Act may be used for Government Travel or realignment of the United States Naval Sta- of the Army, the Department of the Navy, or a
Charge Card expenses by military or civilian tion, Guantánamo Bay, Cuba. Department of Defense agency to the Space
personnel of the Department of Defense for gam- SEC. 8121. None of the funds provided for, or Force unless, concurrent with the fiscal year
ing, or for entertainment that includes topless or otherwise made available, in this or any other 2022 budget submission (as submitted to Con-
nude entertainers or participants, as prohibited Act, may be obligated or expended by the Sec- gress pursuant to section 1105 of title 31, United
by Department of Defense FMR, Volume 9, retary of Defense to provide motorized vehicles, States Code), the Secretary of Defense provides
Chapter 3 and Department of Defense Instruc- aviation platforms, munitions other than small a report to the Committees on Appropriations of
tion 1015.10 (enclosure 3, 14a and 14b). arms and munitions appropriate for customary the House of Representatives and the Senate,
SEC. 8116. (a) None of the funds made avail- ceremonial honors, operational military units, detailing any plans to transfer appropriate
able in this Act may be used to maintain or es- or operational military platforms if the Sec- space elements of the Department of the Army,
tablish a computer network unless such network retary determines that providing such units, the Department of the Navy, or a Department of
is designed to block access to pornography platforms, or equipment would undermine the Defense agency to the Space Force and certifies
websites. readiness of such units, platforms, or equip- in writing to the Committees on Appropriations
(b) Nothing in subsection (a) shall limit the ment. of the House of Representatives and the Senate
use of funds necessary for any Federal, State, SEC. 8122. The Secretary of Defense may obli- that such transfer is consistent with the mission
ctelli on DSK11ZRN23PROD with HOUSE
tribal, or local law enforcement agency or any gate and expend funds made available under of the Space Force and will not have an adverse
other entity carrying out criminal investiga- this Act for procurement or for research, devel- impact on the Department or agency from which
tions, prosecution, or adjudication activities, or opment, test and evaluation for the F–35 Joint such element is being transferred: Provided,
for any activity necessary for the national de- Strike Fighter to modify up to six F–35 aircraft, That such report shall include fiscal year 2022
fense, including intelligence activities. including up to two F–35 aircraft of each vari- budget and future years defense program ad-
SEC. 8117. None of the funds appropriated by ant, to a test configuration: Provided, That the justments associated with such planned trans-
this Act may be made available to deliver F–35 Secretary of Defense shall, with the concurrence fers.
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H7365
SEC. 8128. Funds appropriated in titles I and (INCLUDING TRANSFER OF FUNDS) SEC. 8138. Amounts appropriated or otherwise
IX of this Act under headings for ‘‘Military Per- SEC. 8133. In addition to amounts appro- made available to the Department of Defense in
sonnel’’ may be used for expenses described priated in title II or otherwise made available this Act, may not be obligated or expended for
therein for members of the Space Force on active elsewhere in this Act, $300,500,000 is hereby ap- the retirement or divestiture of the RQ–4 Global
duty: Provided, That amounts appropriated propriated to the Department of Defense and Hawk Block 30 and Block 40 aircraft: Provided,
under such headings may be used for payments made available for transfer to the operation and That the Secretary of the Air Force is prohibited
pursuant to section 156 of Public Law 97–377, as maintenance accounts of the Army, Navy, Ma- from deactivating the corresponding squadrons
amended (42 U.S.C. 402 note), and to the De- rine Corps, and Air Force (including National responsible for the operations of the aforemen-
partment of Defense Military Retirement Fund. Guard and Reserve) for purposes of improving tioned aircraft.
SEC. 8129. Notwithstanding any other provi- military readiness: Provided, That the transfer TITLE IX
sion of this Act, to reflect savings due to favor- authority provided under this provision is in ad-
OVERSEAS CONTINGENCY OPERATIONS
able foreign exchange rates, the total amount dition to any other transfer authority provided
appropriated in this Act is hereby reduced by elsewhere in this Act. MILITARY PERSONNEL
$375,000,000. SEC. 8134. None of the funds provided in this MILITARY PERSONNEL, ARMY
SEC. 8130. Notwithstanding any other provi- Act for requirements development, performance For an additional amount for ‘‘Military Per-
sion of this Act, to reflect savings due to lower specification development, concept design and sonnel, Army’’, $2,748,033,000: Provided, That
than anticipated fuel costs, the total amount development, ship configuration development, such amount is designated by the Congress for
appropriated in this Act is hereby reduced by systems engineering, naval architecture, marine Overseas Contingency Operations/Global War
$1,700,362,000. engineering, operations research analysis, in- on Terrorism pursuant to section 251(b)(2)(A)(ii)
SEC. 8131. (a) Amounts appropriated under dustry studies, preliminary design, development of the Balanced Budget and Emergency Deficit
title IV of this Act, as detailed in budget activity of the Detailed Design and Construction Re- Control Act of 1985.
eight of the tables in the explanatory statement quest for Proposals solicitation package, or re-
regarding this Act, may be used for expenses for lated activities for the AS(X) Submarine Tender, MILITARY PERSONNEL, NAVY
the agile research, development, test and eval- T–ARC(X) Cable Laying and Repair Ship, or T– For an additional amount for ‘‘Military Per-
uation, procurement, production, modification, AGOS(X) Oceanographic Surveillance Ship may sonnel, Navy’’, $382,286,000: Provided, That
and operation and maintenance, only for the be used to award a new contract for such activi- such amount is designated by the Congress for
following Software and Digital Technology Pilot ties unless these contracts include specifications Overseas Contingency Operations/Global War
programs— that all auxiliary equipment, including pumps on Terrorism pursuant to section 251(b)(2)(A)(ii)
(1) Defensive Cyber Operations Army (PE and propulsion shafts are manufactured in the of the Balanced Budget and Emergency Deficit
0608041A); United States. Control Act of 1985.
(2) Risk Management Information (PE SEC. 8135. None of the funds made available MILITARY PERSONNEL, MARINE CORPS
0608013N); by this Act may be obligated or expended for the
purpose of decommissioning the USS Fort Worth For an additional amount for ‘‘Military Per-
(3) Maritime Tactical Command Control (PE
or the USS Coronado. sonnel, Marine Corps’’, $129,943,000: Provided,
0608231N);
(4) Space Command and Control (PE SEC. 8136. Of the amounts appropriated in this That such amount is designated by the Congress
1203614SF); Act under the heading ‘‘Operation and Mainte- for Overseas Contingency Operations/Global
(5) National Background Investigation Serv- nance, Defense-Wide’’, $50,000,000, to remain War on Terrorism pursuant to section
ices (PE 0608197V); available until September 30, 2022: Provided, 251(b)(2)(A)(ii) of the Balanced Budget and
(6) Global Command and Control System-Joint That such funds shall only be available to the Emergency Deficit Control Act of 1985.
(PE 0308150K); Secretary of Defense, acting through the Office MILITARY PERSONNEL, AIR FORCE
(7) Algorithmic Warfare Cross Functional of Economic Adjustment of the Department of For an additional amount for ‘‘Military Per-
Team (PE 0308588D8Z); and Defense, to make grants to communities im- sonnel, Air Force’’, $1,077,168,000: Provided,
(8) Acquisition visibility (PE 0608648D8Z). pacted by military aviation noise for the pur- That such amount is designated by the Congress
(b) None of the funds appropriated by this or pose of installing noise mitigating insulation at for Overseas Contingency Operations/Global
prior Department of Defense Appropriations covered facilities: Provided further, That, to be War on Terrorism pursuant to section
Acts may be obligated or expended to initiate eligible to receive a grant under the program, a 251(b)(2)(A)(ii) of the Balanced Budget and
additional Software and Digital Technology community must enter into an agreement with Emergency Deficit Control Act of 1985.
Pilot Programs in fiscal year 2021. the Secretary under which the community
prioritizes the use of funds for the installation RESERVE PERSONNEL, ARMY
SEC. 8132. (a) In addition to amounts other-
wise made available in this Act, there is appro- of noise mitigation at covered facilities in the For an additional amount for ‘‘Reserve Per-
priated $100,000,000 to the Under Secretary of community: Provided further, That as a condi- sonnel, Army’’, $33,414,000: Provided, That such
Defense (Acquisition and Sustainment), to re- tion of receiving funds under this section a amount is designated by the Congress for Over-
main available until expended. State or local entity shall provide a matching seas Contingency Operations/Global War on
(b) The funds provided by subsection (a) shall share of ten percent: Provided further, That Terrorism pursuant to section 251(b)(2)(A)(ii) of
be available to the Under Secretary of Defense grants under the program may be used to meet the Balanced Budget and Emergency Deficit
(Acquisition and Sustainment), in coordination the Federal match requirement under the air- Control Act of 1985.
with the Assistant Secretary of the Army (Ac- port improvement program established under RESERVE PERSONNEL, NAVY
quisition, Logistics and Technology) and the As- subchapter I of chapter 471 and subchapter I of For an additional amount for ‘‘Reserve Per-
sistant Secretary of the Navy (Research, Devel- chapter 475 of title 49, United States Code: Pro- sonnel, Navy’’, $11,771,000: Provided, That such
opment and Acquisition) and the Assistant Sec- vided further, That, in carrying out the pro- amount is designated by the Congress for Over-
retary of the Air Force (Acquisition, Technology gram, the Secretary of Defense shall coordinate seas Contingency Operations/Global War on
and Logistics), to assess and strengthen the with the Secretary of Transportation to mini- Terrorism pursuant to section 251(b)(2)(A)(ii) of
manufacturing and defense industrial base and mize duplication of efforts with any other noise the Balanced Budget and Emergency Deficit
supply chain resiliency of the United States. mitigation program compliant with part 150 of Control Act of 1985.
(c)(1) The Under Secretary of Defense (Comp- title 14, Code of Federal Regulations: Provided
troller) shall transfer funds provided by sub- further, That, in this section, the term ‘‘covered RESERVE PERSONNEL, MARINE CORPS
section (a) to appropriations for operation and facilities’’ means hospitals, daycare facilities, For an additional amount for ‘‘Reserve Per-
maintenance; procurement; and research, devel- schools, facilities serving senior citizens, and sonnel, Marine Corps’’, $2,048,000: Provided,
opment, test and evaluation to accomplish the private residences that are located within one That such amount is designated by the Congress
purposes specified in subsection (b). Such trans- mile or a day-night average sound level of 65 or for Overseas Contingency Operations/Global
ferred funds shall be merged with and be avail- greater of a military installation or another lo- War on Terrorism pursuant to section
able for the same purposes and for the same time cation at which military aircraft are stationed 251(b)(2)(A)(ii) of the Balanced Budget and
period as the appropriation to which they are or are located in an area impacted by military Emergency Deficit Control Act of 1985.
transferred. aviation noise within one mile or a day-night RESERVE PERSONNEL, AIR FORCE
(2) The transfer authority provided by this average sound level of 65 or greater, as deter- For an additional amount for ‘‘Reserve Per-
subsection shall be in addition to any other mined by the Department of Defense or Federal sonnel, Air Force’’, $16,816,000: Provided, That
transfer authority available to the Department Aviation Administration noise modeling pro- such amount is designated by the Congress for
of Defense. grams. Overseas Contingency Operations/Global War
(3) The Under Secretary of Defense (Acquisi- SEC. 8137. None of the funds appropriated or
on Terrorism pursuant to section 251(b)(2)(A)(ii)
tion and Sustainment) shall, through the Under otherwise made available by this Act may be ob-
of the Balanced Budget and Emergency Deficit
Secretary of Defense (Comptroller), not less than ligated or expended for the lease of an
Control Act of 1985.
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30 days prior to making any transfer under this icebreaking vessel unless such obligation or ex-
subsection, notify the congressional defense penditure is compliant with section 1301 of title NATIONAL GUARD PERSONNEL, ARMY
committees in writing of the details of the trans- 31, United States Code, and related statutes and For an additional amount for ‘‘National
fer. is made pursuant to a contract awarded using Guard Personnel, Army’’, $195,314,000: Provided,
(d) Funds appropriated by this section may full and open competitive procedures or proce- That such amount is designated by the Congress
not be transferred to ‘‘Drug Interdiction and dures authorized by section 2304(c)(6) of title 10, for Overseas Contingency Operations/Global
Counter-Drug Activities, Defense’’. United States Code. War on Terrorism pursuant to section
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H7366 CONGRESSIONAL RECORD — HOUSE December 21, 2020
251(b)(2)(A)(ii) of the Balanced Budget and suant to section 251(b)(2)(A)(ii) of the Balanced or transfer of funds between budget sub-activity
Emergency Deficit Control Act of 1985. Budget and Emergency Deficit Control Act of groups in excess of $20,000,000: Provided further,
NATIONAL GUARD PERSONNEL, AIR FORCE 1985. That the United States may accept equipment
OPERATION AND MAINTENANCE, AIR FORCE procured using funds provided under this head-
For an additional amount for ‘‘National
RESERVE ing in this or prior Acts that was transferred to
Guard Personnel, Air Force’’, $5,800,000: Pro-
For an additional amount for ‘‘Operation and the security forces of Afghanistan and returned
vided, That such amount is designated by the
Maintenance, Air Force Reserve’’, $30,090,000: by such forces to the United States: Provided
Congress for Overseas Contingency Operations/
Provided, That such amount is designated by further, That equipment procured using funds
Global War on Terrorism pursuant to section
the Congress for Overseas Contingency Oper- provided under this heading in this or prior
251(b)(2)(A)(ii) of the Balanced Budget and
ations/Global War on Terrorism pursuant to sec- Acts, and not yet transferred to the security
Emergency Deficit Control Act of 1985.
tion 251(b)(2)(A)(ii) of the Balanced Budget and forces of Afghanistan or transferred to the secu-
OPERATION AND MAINTENANCE rity forces of Afghanistan and returned by such
Emergency Deficit Control Act of 1985.
OPERATION AND MAINTENANCE, ARMY forces to the United States, may be treated as
OPERATION AND MAINTENANCE, ARMY NATIONAL
For an additional amount for ‘‘Operation and stocks of the Department of Defense upon writ-
GUARD
Maintenance, Army’’, $17,497,254,000: Provided, ten notification to the congressional defense
For an additional amount for ‘‘Operation and committees: Provided further, That of the funds
That such amount is designated by the Congress Maintenance, Army National Guard’’,
for Overseas Contingency Operations/Global provided under this heading, not less than
$79,792,000: Provided, That such amount is des- $20,000,000 shall be for recruitment and reten-
War on Terrorism pursuant to section ignated by the Congress for Overseas Contin-
251(b)(2)(A)(ii) of the Balanced Budget and tion of women in the Afghanistan National Se-
gency Operations/Global War on Terrorism pur- curity Forces, and the recruitment and training
Emergency Deficit Control Act of 1985. suant to section 251(b)(2)(A)(ii) of the Balanced of female security personnel: Provided further,
OPERATION AND MAINTENANCE, NAVY Budget and Emergency Deficit Control Act of That funds appropriated under this heading
For an additional amount for ‘‘Operation and 1985. and made available for the salaries and benefits
Maintenance, Navy’’, $11,568,363,000: Provided, OPERATION AND MAINTENANCE, AIR NATIONAL of personnel of the Afghanistan Security Forces
That such amount is designated by the Congress GUARD may only be used for personnel who are enrolled
for Overseas Contingency Operations/Global For an additional amount for ‘‘Operation and in the Afghanistan Personnel and Pay System:
War on Terrorism pursuant to section Maintenance, Air National Guard’’, Provided further, That funds appropriated
251(b)(2)(A)(ii) of the Balanced Budget and $175,642,000: Provided, That such amount is des- under this heading for the Afghanistan Security
Emergency Deficit Control Act of 1985. ignated by the Congress for Overseas Contin- Forces may only be obligated if the Secretary of
OPERATION AND MAINTENANCE, MARINE CORPS gency Operations/Global War on Terrorism pur- Defense, in consultation with the Secretary of
For an additional amount for ‘‘Operation and suant to section 251(b)(2)(A)(ii) of the Balanced State, certifies in writing to the congressional
Maintenance, Marine Corps’’, $1,108,667,000: Budget and Emergency Deficit Control Act of defense committees that such forces are con-
Provided, That such amount is designated by 1985. trolled by a civilian, representative government
the Congress for Overseas Contingency Oper- AFGHANISTAN SECURITY FORCES FUND that is committed to protecting human rights
ations/Global War on Terrorism pursuant to sec- For the ‘‘Afghanistan Security Forces Fund’’, and women’s rights and preventing terrorists
tion 251(b)(2)(A)(ii) of the Balanced Budget and $3,047,612,000, to remain available until Sep- and terrorist groups from using the territory of
Emergency Deficit Control Act of 1985. tember 30, 2022: Provided, That such funds shall Afghanistan to threaten the security of the
be available to the Secretary of Defense for the United States and United States allies: Provided
OPERATION AND MAINTENANCE, AIR FORCE
purpose of allowing the Commander, Combined further, That such amount is designated by the
For an additional amount for ‘‘Operation and Congress for Overseas Contingency Operations/
Security Transition Command—Afghanistan, or
Maintenance, Air Force’’, $18,432,020,000: Pro- Global War on Terrorism pursuant to section
the Secretary’s designee, to provide assistance,
vided, That such amount is designated by the 251(b)(2)(A)(ii) of the Balanced Budget and
with the concurrence of the Secretary of State,
Congress for Overseas Contingency Operations/ Emergency Deficit Control Act of 1985.
to the security forces of Afghanistan, including
Global War on Terrorism pursuant to section COUNTER-ISIS TRAIN AND EQUIP FUND
the provision of equipment, supplies, services,
251(b)(2)(A)(ii) of the Balanced Budget and
training, facility and infrastructure repair, ren- For the ‘‘Counter-Islamic State of Iraq and
Emergency Deficit Control Act of 1985.
ovation, construction, and funding: Provided Syria Train and Equip Fund’’, $710,000,000, to
OPERATION AND MAINTENANCE, SPACE FORCE further, That the Secretary of Defense may obli- remain available until September 30, 2022: Pro-
For an additional amount for ‘‘Operation and gate and expend funds made available to the vided, That such funds shall be available to the
Maintenance, Space Force’’, $77,115,000: Pro- Department of Defense in this title for addi- Secretary of Defense in coordination with the
vided, That such amount is designated by the tional costs associated with existing projects Secretary of State, to provide assistance, includ-
Congress for Overseas Contingency Operations/ previously funded with amounts provided under ing training; equipment; logistics support, sup-
Global War on Terrorism pursuant to section the heading ‘‘Afghanistan Infrastructure plies, and services; stipends; infrastructure re-
251(b)(2)(A)(ii) of the Balanced Budget and Fund’’ in prior Acts: Provided further, That pair and renovation; construction for facility
Emergency Deficit Control Act of 1985. such costs shall be limited to contract changes fortification and humane treatment; and
OPERATION AND MAINTENANCE, DEFENSE-WIDE resulting from inflation, market fluctuation, sustainment, to foreign security forces, irregular
rate adjustments, and other necessary contract forces, groups, or individuals participating, or
For an additional amount for ‘‘Operation and
actions to complete existing projects, and associ- preparing to participate in activities to counter
Maintenance, Defense-Wide’’, $6,041,898,000:
ated supervision and administration costs and the Islamic State of Iraq and Syria, and their
Provided, That such amount is designated by
costs for design during construction: Provided affiliated or associated groups: Provided fur-
the Congress for Overseas Contingency Oper-
further, That the Secretary may not use more ther, That amounts made available under this
ations/Global War on Terrorism pursuant to sec-
than $50,000,000 under the authority provided in heading shall be available to provide assistance
tion 251(b)(2)(A)(ii) of the Balanced Budget and
this section: Provided further, That the Sec- only for activities in a country designated by
Emergency Deficit Control Act of 1985.
retary shall notify in advance such contract the Secretary of Defense, in coordination with
OPERATION AND MAINTENANCE, ARMY RESERVE changes and adjustments in annual reports to the Secretary of State, as having a security mis-
For an additional amount for ‘‘Operation and the congressional defense committees: Provided sion to counter the Islamic State of Iraq and
Maintenance, Army Reserve’’, $33,399,000: Pro- further, That the authority to provide assist- Syria, and following written notification to the
vided, That such amount is designated by the ance under this heading is in addition to any congressional defense committees of such des-
Congress for Overseas Contingency Operations/ other authority to provide assistance to foreign ignation: Provided further, That the Secretary
Global War on Terrorism pursuant to section nations: Provided further, That contributions of of Defense shall ensure that prior to providing
251(b)(2)(A)(ii) of the Balanced Budget and funds for the purposes provided herein from any assistance to elements of any forces or individ-
Emergency Deficit Control Act of 1985. person, foreign government, or international or- uals, such elements or individuals are appro-
OPERATION AND MAINTENANCE, NAVY RESERVE ganization may be credited to this Fund, to re- priately vetted, including at a minimum, assess-
main available until expended, and used for ing such elements for associations with terrorist
For an additional amount for ‘‘Operation and
such purposes: Provided further, That the Sec- groups or groups associated with the Govern-
Maintenance, Navy Reserve’’, $21,492,000: Pro-
retary of Defense shall notify the congressional ment of Iran; and receiving commitments from
vided, That such amount is designated by the
defense committees in writing upon the receipt such elements to promote respect for human
Congress for Overseas Contingency Operations/
and upon the obligation of any contribution, de- rights and the rule of law: Provided further,
Global War on Terrorism pursuant to section
lineating the sources and amounts of the funds That the Secretary of Defense shall, not fewer
251(b)(2)(A)(ii) of the Balanced Budget and
received and the specific use of such contribu- than 15 days prior to obligating from this appro-
Emergency Deficit Control Act of 1985.
tions: Provided further, That the Secretary of priation account, notify the congressional de-
OPERATION AND MAINTENANCE, MARINE CORPS
ctelli on DSK11ZRN23PROD with HOUSE
Defense shall, not fewer than 15 days prior to fense committees in writing of the details of any
RESERVE obligating from this appropriation account, no- such obligation: Provided further, That the Sec-
For an additional amount for ‘‘Operation and tify the congressional defense committees in retary of Defense may accept and retain con-
Maintenance, Marine Corps Reserve’’, writing of the details of any such obligation: tributions, including assistance in-kind, from
$8,707,000: Provided, That such amount is des- Provided further, That the Secretary of Defense foreign governments, including the Government
ignated by the Congress for Overseas Contin- shall notify the congressional defense commit- of Iraq and other entities, to carry out assist-
gency Operations/Global War on Terrorism pur- tees of any proposed new projects or activities, ance authorized under this heading: Provided
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H7367
further, That contributions of funds for the pur- pursuant to section 251(b)(2)(A)(ii) of the Bal- War on Terrorism pursuant to section
poses provided herein from any foreign govern- anced Budget and Emergency Deficit Control 251(b)(2)(A)(ii) of the Balanced Budget and
ment or other entity may be credited to this Act of 1985. Emergency Deficit Control Act of 1985.
Fund, to remain available until expended, and PROCUREMENT OF AMMUNITION, ARMY PROCUREMENT OF AMMUNITION, AIR FORCE
used for such purposes: Provided further, That
For an additional amount for ‘‘Procurement For an additional amount for ‘‘Procurement
the Secretary of Defense shall prioritize such
of Ammunition, Army’’, $103,875,000, to remain of Ammunition, Air Force’’, $785,617,000, to re-
contributions when providing any assistance for
available until September 30, 2023: Provided, main available until September 30, 2023: Pro-
construction for facility fortification: Provided
That such amount is designated by the Congress vided, That such amount is designated by the
further, That the Secretary of Defense may
for Overseas Contingency Operations/Global Congress for Overseas Contingency Operations/
waive a provision of law relating to the acquisi-
War on Terrorism pursuant to section Global War on Terrorism pursuant to section
tion of items and support services or sections 40
251(b)(2)(A)(ii) of the Balanced Budget and 251(b)(2)(A)(ii) of the Balanced Budget and
and 40A of the Arms Export Control Act (22
Emergency Deficit Control Act of 1985. Emergency Deficit Control Act of 1985.
U.S.C. 2780 and 2785) if the Secretary determines
that such provision of law would prohibit, re- OTHER PROCUREMENT, ARMY OTHER PROCUREMENT, AIR FORCE
strict, delay or otherwise limit the provision of For an additional amount for ‘‘Other Procure-
For an additional amount for ‘‘Other Procure-
such assistance and a notice of and justification ment, Army’’, $924,823,000, to remain available
ment, Air Force’’, $355,339,000, to remain avail-
for such waiver is submitted to the congressional until September 30, 2023: Provided, That such
able until September 30, 2023: Provided, That
defense committees, the Committees on Appro- amount is designated by the Congress for Over-
such amount is designated by the Congress for
priations and Foreign Relations of the Senate seas Contingency Operations/Global War on
Overseas Contingency Operations/Global War
and the Committees on Appropriations and For- Terrorism pursuant to section 251(b)(2)(A)(ii) of
on Terrorism pursuant to section 251(b)(2)(A)(ii)
eign Affairs of the House of Representatives: the Balanced Budget and Emergency Deficit
of the Balanced Budget and Emergency Deficit
Provided further, That the United States may Control Act of 1985.
Control Act of 1985.
accept equipment procured using funds provided AIRCRAFT PROCUREMENT, NAVY
under this heading, or under the heading, ‘‘Iraq PROCUREMENT, DEFENSE-WIDE
For an additional amount for ‘‘Aircraft Pro-
Train and Equip Fund’’ in prior Acts, that was curement, Navy’’, $32,905,000, to remain avail- For an additional amount for ‘‘Procurement,
transferred to security forces, irregular forces, able until September 30, 2023: Provided, That Defense-Wide’’, $342,137,000, to remain available
or groups participating, or preparing to partici- such amount is designated by the Congress for until September 30, 2023: Provided, That such
pate in activities to counter the Islamic State of Overseas Contingency Operations/Global War amount is designated by the Congress for Over-
Iraq and Syria and returned by such forces or on Terrorism pursuant to section 251(b)(2)(A)(ii) seas Contingency Operations/Global War on
groups to the United States, and such equip- of the Balanced Budget and Emergency Deficit Terrorism pursuant to section 251(b)(2)(A)(ii) of
ment may be treated as stocks of the Department Control Act of 1985. the Balanced Budget and Emergency Deficit
of Defense upon written notification to the con- Control Act of 1985.
gressional defense committees: Provided further, WEAPONS PROCUREMENT, NAVY
For an additional amount for ‘‘Weapons Pro- NATIONAL GUARD AND RESERVE
That equipment procured using funds provided
curement, Navy’’, $5,572,000, to remain available EQUIPMENT ACCOUNT
under this heading, or under the heading, ‘‘Iraq
Train and Equip Fund’’ in prior Acts, and not until September 30, 2023: Provided, That such For procurement of rotary-wing aircraft; com-
yet transferred to security forces, irregular amount is designated by the Congress for Over- bat, tactical and support vehicles; other weap-
forces, or groups participating, or preparing to seas Contingency Operations/Global War on ons; and other procurement items for the reserve
participate in activities to counter the Islamic Terrorism pursuant to section 251(b)(2)(A)(ii) of components of the Armed Forces, $950,000,000, to
State of Iraq and Syria may be treated as stocks the Balanced Budget and Emergency Deficit remain available for obligation until September
of the Department of Defense when determined Control Act of 1985. 30, 2023: Provided, That the Chiefs of National
by the Secretary to no longer be required for PROCUREMENT OF AMMUNITION, NAVY AND Guard and Reserve components shall, not later
transfer to such forces or groups and upon writ- MARINE CORPS than 30 days after enactment of this Act, indi-
ten notification to the congressional defense vidually submit to the congressional defense
For an additional amount for ‘‘Procurement
committees: Provided further, That the Sec- committees the modernization priority assess-
of Ammunition, Navy and Marine Corps’’,
retary of Defense shall provide quarterly reports ment for their respective National Guard or Re-
$77,424,000, to remain available until September
to the congressional defense committees on the serve component: Provided further, That none
30, 2023: Provided, That such amount is des-
use of funds provided under this heading, in- of the funds made available by this paragraph
ignated by the Congress for Overseas Contin-
cluding, but not limited to, the number of indi- may be used to procure manned fixed wing air-
gency Operations/Global War on Terrorism pur-
viduals trained, the nature and scope of support craft, or procure or modify missiles, munitions,
suant to section 251(b)(2)(A)(ii) of the Balanced
and sustainment provided to each group or indi- or ammunition: Provided further, That such
Budget and Emergency Deficit Control Act of
vidual, the area of operations for each group, amount is designated by the Congress for Over-
1985.
and the contributions of other countries, groups, seas Contingency Operations/Global War on
or individuals: Provided further, That such OTHER PROCUREMENT, NAVY Terrorism pursuant to section 251(b)(2)(A)(ii) of
amount is designated by the Congress for Over- For an additional amount for ‘‘Other Procure- the Balanced Budget and Emergency Deficit
seas Contingency Operations/Global War on ment, Navy’’, $341,612,000, to remain available Control Act of 1985.
Terrorism pursuant to section 251(b)(2)(A)(ii) of until September 30, 2023: Provided, That such RESEARCH, DEVELOPMENT, TEST AND
the Balanced Budget and Emergency Deficit amount is designated by the Congress for Over- EVALUATION
Control Act of 1985. seas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of RESEARCH, DEVELOPMENT, TEST AND
PROCUREMENT EVALUATION, ARMY
the Balanced Budget and Emergency Deficit
AIRCRAFT PROCUREMENT, ARMY
Control Act of 1985. For an additional amount for ‘‘Research, De-
For an additional amount for ‘‘Aircraft Pro- velopment, Test and Evaluation, Army’’,
PROCUREMENT, MARINE CORPS
curement, Army’’, $595,112,000, to remain avail- $175,824,000, to remain available until September
able until September 30, 2023: Provided, That For an additional amount for ‘‘Procurement,
30, 2022: Provided, That such amount is des-
such amount is designated by the Congress for Marine Corps’’, $47,963,000, to remain available
ignated by the Congress for Overseas Contin-
Overseas Contingency Operations/Global War until September 30, 2023: Provided, That such
gency Operations/Global War on Terrorism pur-
on Terrorism pursuant to section 251(b)(2)(A)(ii) amount is designated by the Congress for Over-
suant to section 251(b)(2)(A)(ii) of the Balanced
of the Balanced Budget and Emergency Deficit seas Contingency Operations/Global War on
Budget and Emergency Deficit Control Act of
Control Act of 1985. Terrorism pursuant to section 251(b)(2)(A)(ii) of
1985.
MISSILE PROCUREMENT, ARMY the Balanced Budget and Emergency Deficit
Control Act of 1985. RESEARCH, DEVELOPMENT, TEST AND
For an additional amount for ‘‘Missile Pro- EVALUATION, NAVY
curement, Army’’, $796,599,000, to remain avail- AIRCRAFT PROCUREMENT, AIR FORCE
able until September 30, 2023: Provided, That For an additional amount for ‘‘Aircraft Pro- For an additional amount for ‘‘Research, De-
such amount is designated by the Congress for curement, Air Force’’, $772,738,000, to remain velopment, Test and Evaluation, Navy’’,
Overseas Contingency Operations/Global War available until September 30, 2023: Provided, $59,562,000, to remain available until September
on Terrorism pursuant to section 251(b)(2)(A)(ii) That such amount is designated by the Congress 30, 2022: Provided, That such amount is des-
of the Balanced Budget and Emergency Deficit for Overseas Contingency Operations/Global ignated by the Congress for Overseas Contin-
Control Act of 1985. War on Terrorism pursuant to section gency Operations/Global War on Terrorism pur-
251(b)(2)(A)(ii) of the Balanced Budget and suant to section 251(b)(2)(A)(ii) of the Balanced
PROCUREMENT OF WEAPONS AND TRACKED
Emergency Deficit Control Act of 1985. Budget and Emergency Deficit Control Act of
COMBAT VEHICLES, ARMY
ctelli on DSK11ZRN23PROD with HOUSE
1985.
For an additional amount for ‘‘Procurement MISSILE PROCUREMENT, AIR FORCE
of Weapons and Tracked Combat Vehicles, For an additional amount for ‘‘Missile Pro- RESEARCH, DEVELOPMENT, TEST AND
Army’’, $15,225,000, to remain available until curement, Air Force’’, $223,772,000, to remain EVALUATION, AIR FORCE
September 30, 2023: Provided, That such amount available until September 30, 2023: Provided, For an additional amount for ‘‘Research, De-
is designated by the Congress for Overseas Con- That such amount is designated by the Congress velopment, Test and Evaluation, Air Force’’,
tingency Operations/Global War on Terrorism for Overseas Contingency Operations/Global $5,304,000, to remain available until September
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H7368 CONGRESSIONAL RECORD — HOUSE December 21, 2020
30, 2022: Provided, That such amount is des- Central Command area of responsibility: (1) pas- $50,000,000 annually and any non-standard
ignated by the Congress for Overseas Contin- senger motor vehicles up to a limit of $75,000 per equipment requirements in excess of $100,000,000
gency Operations/Global War on Terrorism pur- vehicle; and (2) heavy and light armored vehi- using ASFF: Provided further, That the Depart-
suant to section 251(b)(2)(A)(ii) of the Balanced cles for the physical security of personnel or for ment of Defense must certify to the congres-
Budget and Emergency Deficit Control Act of force protection purposes up to a limit of sional defense committees that the AROC has
1985. $450,000 per vehicle, notwithstanding price or convened and approved a process for ensuring
RESEARCH, DEVELOPMENT, TEST AND other limitations applicable to the purchase of compliance with the requirements in the pre-
EVALUATION, DEFENSE-WIDE passenger carrying vehicles. ceding proviso and accompanying report lan-
SEC. 9005. Not to exceed $2,000,000 of the guage for the ASFF.
For an additional amount for ‘‘Research, De-
amounts appropriated by this title under the SEC. 9010. Funds made available in this title to
velopment, Test and Evaluation, Defense-
heading ‘‘Operation and Maintenance, Army’’ the Department of Defense for operation and
Wide’’, $80,818,000, to remain available until
may be used, notwithstanding any other provi- maintenance may be used to purchase items
September 30, 2022: Provided, That such amount
sion of law, to fund the Commanders’ Emer- having an investment unit cost of not more than
is designated by the Congress for Overseas Con-
gency Response Program (CERP), for the pur- $250,000: Provided, That, upon determination by
tingency Operations/Global War on Terrorism
pose of enabling military commanders in Af- the Secretary of Defense that such action is nec-
pursuant to section 251(b)(2)(A)(ii) of the Bal-
ghanistan to respond to urgent, small-scale, hu- essary to meet the operational requirements of a
anced Budget and Emergency Deficit Control
manitarian relief and reconstruction require- Commander of a Combatant Command engaged
Act of 1985.
ments within their areas of responsibility: Pro- in contingency operations overseas, such funds
REVOLVING AND MANAGEMENT FUNDS vided, That each project (including any ancil- may be used to purchase items having an invest-
DEFENSE WORKING CAPITAL FUNDS lary or related elements in connection with such ment item unit cost of not more than $500,000.
For an additional amount for ‘‘Defense Work- project) executed under this authority shall not SEC. 9011. Up to $500,000,000 of funds appro-
ing Capital Funds’’, $20,090,000: Provided, That exceed $500,000: Provided further, That not later priated by this Act for the Defense Security Co-
such amount is designated by the Congress for than 45 days after the end of each 6 months of operation Agency in ‘‘Operation and Mainte-
Overseas Contingency Operations/Global War the fiscal year, the Secretary of Defense shall nance, Defense-Wide’’ may be used to provide
on Terrorism pursuant to section 251(b)(2)(A)(ii) submit to the congressional defense committees a assistance to the Government of Jordan to sup-
of the Balanced Budget and Emergency Deficit report regarding the source of funds and the al- port the armed forces of Jordan and to enhance
Control Act of 1985. location and use of funds during that 6-month security along its borders.
period that were made available pursuant to the SEC. 9012. None of the funds made available
OTHER DEPARTMENT OF DEFENSE
authority provided in this section or under any by this Act under the headings ‘‘Afghanistan
PROGRAMS
other provision of law for the purposes described Security Forces Fund’’ and ‘‘Counter-ISIS
DEFENSE HEALTH PROGRAM herein. Train and Equip Fund’’, and under the heading
For an additional amount for ‘‘Defense SEC. 9006. Funds available to the Department ‘‘Operation and Maintenance, Defense-Wide’’
Health Program’’, $365,098,000, which shall be of Defense for operation and maintenance may for Department of Defense security cooperation
for operation and maintenance: Provided, That be used, notwithstanding any other provision of grant programs, may be used to procure or
such amount is designated by the Congress for law, to provide supplies, services, transpor- transfer man-portable air defense systems.
Overseas Contingency Operations/Global War tation, including airlift and sealift, and other SEC. 9013. Of the amounts appropriated in this
on Terrorism pursuant to section 251(b)(2)(A)(ii) logistical support to allied forces participating title under the heading ‘‘Operation and Mainte-
of the Balanced Budget and Emergency Deficit in a combined operation with the armed forces nance, Defense-Wide’’, for the Defense Security
Control Act of 1985. of the United States and coalition forces sup- Cooperation Agency, $275,000,000, of which
OFFICE OF THE INSPECTOR GENERAL porting military and stability operations in Af- $137,500,000 to remain available until September
ghanistan and to counter the Islamic State of 30, 2022 shall be for the Ukraine Security Assist-
For an additional amount for the ‘‘Office of
Iraq and Syria: Provided, That the Secretary of ance Initiative: Provided, That such funds shall
the Inspector General’’, $24,069,000: Provided,
Defense shall provide quarterly reports to the be available to the Secretary of Defense, in co-
That such amount is designated by the Congress
congressional defense committees regarding sup- ordination with the Secretary of State, to pro-
for Overseas Contingency Operations/Global
port provided under this section. vide assistance, including training; equipment;
War on Terrorism pursuant to section
SEC. 9007. None of the funds appropriated or lethal assistance; logistics support, supplies and
251(b)(2)(A)(ii) of the Balanced Budget and
otherwise made available by this or any other services; sustainment; and intelligence support
Emergency Deficit Control Act of 1985.
Act shall be obligated or expended by the United to the military and national security forces of
GENERAL PROVISIONS—THIS TITLE States Government for a purpose as follows: Ukraine, and for replacement of any weapons or
SEC. 9001. Notwithstanding any other provi- (1) To establish any military installation or
articles provided to the Government of Ukraine
sion of law, funds made available in this title base for the purpose of providing for the perma-
from the inventory of the United States: Pro-
are in addition to amounts appropriated or oth- nent stationing of United States Armed Forces
vided further, That the Secretary of Defense
erwise made available for the Department of De- in Iraq.
shall, not less than 15 days prior to obligating
fense for fiscal year 2021. (2) To exercise United States control over any
funds made available in this section, notify the
(INCLUDING TRANSFER OF FUNDS)
oil resource of Iraq or Syria.
(3) To establish any military installation or congressional defense committees in writing of
SEC. 9002. Upon the determination of the Sec- base for the purpose of providing for the perma- the details of any such obligation: Provided fur-
retary of Defense that such action is necessary nent stationing of United States Armed Forces ther, That the Secretary of Defense shall, not
in the national interest, the Secretary may, with in Afghanistan. more than 60 days after such notification is
the approval of the Office of Management and SEC. 9008. None of the funds made available in made, inform such committees if such funds
Budget, transfer up to $2,000,000,000 between the this Act may be used in contravention of the fol- have not been obligated and the reasons there-
appropriations or funds made available to the lowing laws enacted or regulations promulgated for: Provided further, That the United States
Department of Defense in this title: Provided, to implement the United Nations Convention may accept equipment procured using funds
That the Secretary shall notify the Congress Against Torture and Other Cruel, Inhuman or made available in this section in this or prior
promptly of each transfer made pursuant to the Degrading Treatment or Punishment (done at Acts that was transferred to the security forces
authority in this section: Provided further, That New York on December 10, 1984): of Ukraine and returned by such forces to the
the authority provided in this section is in addi- (1) Section 2340A of title 18, United States United States: Provided further, That equipment
tion to any other transfer authority available to Code. procured using funds made available in this sec-
the Department of Defense and is subject to the (2) Section 2242 of the Foreign Affairs Reform tion in this or prior Acts, and not yet trans-
same terms and conditions as the authority pro- and Restructuring Act of 1998 (division G of ferred to the military or National Security
vided in section 8005 of this Act. Public Law 105–277; 112 Stat. 2681–822; 8 U.S.C. Forces of Ukraine or returned by such forces to
SEC. 9003. Supervision and administration 1231 note) and regulations prescribed thereto, the United States, may be treated as stocks of
costs and costs for design during construction including regulations under part 208 of title 8, the Department of Defense upon written notifi-
associated with a construction project funded Code of Federal Regulations, and part 95 of title cation to the congressional defense committees:
with appropriations available for operation and 22, Code of Federal Regulations. Provided further, That the Secretary of Defense
maintenance or the ‘‘Afghanistan Security (3) Sections 1002 and 1003 of the Department shall provide quarterly reports to the Commit-
Forces Fund’’ provided in this Act and executed of Defense, Emergency Supplemental Appropria- tees on Appropriations of the House of Rep-
in direct support of overseas contingency oper- tions to Address Hurricanes in the Gulf of Mex- resentatives and the Senate on the use and sta-
ations in Afghanistan, may be obligated at the ico, and Pandemic Influenza Act, 2006 (Public tus of funds made available in this section.
time a construction contract is awarded: Pro- Law 109–148). SEC. 9014. Funds appropriated in this title
vided, That, for the purpose of this section, su- SEC. 9009. None of the funds provided for the shall be available for replacement of funds for
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pervision and administration costs and costs for ‘‘Afghanistan Security Forces Fund’’ (ASFF) items provided to the Government of Ukraine
design during construction include all in-house may be obligated prior to the approval of a fi- from the inventory of the United States to the
Government costs. nancial and activity plan by the Afghanistan extent specifically provided for in section 9013 of
SEC. 9004. From funds made available in this Resources Oversight Council (AROC) of the De- this Act.
title, the Secretary of Defense may purchase for partment of Defense: Provided, That the AROC SEC. 9015. None of the funds made available
use by military and civilian employees of the must approve the requirement and acquisition by this Act may be used to provide arms, train-
Department of Defense in the United States plan for any service requirements in excess of ing, or other assistance to the Azov Battalion.
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December 21, 2020 CONGRESSIONAL RECORD — HOUSE H7369
SEC. 9016. Equipment procured using funds does not restrict the participation of women, tion forces supporting United States military
provided in prior Acts under the heading and is authorized by section 1218 of the Na- and stability operations in Afghanistan and to
‘‘Counterterrorism Partnerships Fund’’ for the tional Defense Authorization Act for Fiscal counter the Islamic State of Iraq and Syria, and
program authorized by section 1209 of the Carl Year 2020 (Public Law 116– 92). 15 days following written notification to the ap-
Levin and Howard P. ‘‘Buck’’ McKeon National SEC. 9022. Nothing in this Act may be con- propriate congressional committees: Provided
Defense Authorization Act for Fiscal Year 2015 strued as authorizing the use of force against further, That the Secretary of Defense shall pro-
(Public Law 113–291), and not yet transferred to Iran. vide quarterly reports to the Committees on Ap-
authorized recipients may be transferred to for- (RESCISSIONS) propriations of the House of Representatives
eign security forces, irregular forces, groups, or and the Senate on the use and status of funds
SEC. 9023. Of the funds appropriated in De-
individuals, authorized to receive assistance made available in this section.
partment of Defense Appropriations Acts, the
using amounts provided under the heading SEC. 9026. Of the amounts appropriated in this
following funds are hereby rescinded from the
‘‘Counter-ISIS Train and Equip Fund’’ in this title under the heading ‘‘Operation and Mainte-
Act: Provided, That such equipment may be following accounts and programs in the speci-
fied amounts: Provided, That such amounts are nance, Defense-Wide’’, for the Defense Security
transferred 15 days following written notifica- Cooperation Agency, $250,000,000, to remain
tion to the congressional defense committees. designated by the Congress for Overseas Contin-
gency Operations/Global War on Terrorism pur- available until September 30, 2022, shall be
SEC. 9017. None of the funds made available available to reimburse Jordan, Lebanon, Egypt,
by this Act may be used with respect to Iraq in suant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of Tunisia, and Oman under section 1226 of the
contravention of the War Powers Resolution (50 National Defense Authorization Act for Fiscal
U.S.C. 1541 et seq.), including for the introduc- 1985:
‘‘Procurement of Weapons and Tracked Com- Year 2016 (22 U.S.C. 2151 note), for enhanced
tion of United States armed forces into hos- border security, of which not less than
tilities in Iraq, into situations in Iraq where im- bat Vehicles, Army’’, 2019/2021, $90,000,000;
‘‘Aircraft Procurement, Air Force’’, 2019/2021, $150,000,000 shall be for Jordan: Provided, That
minent involvement in hostilities is clearly indi- the Secretary of Defense shall, not less than 15
cated by the circumstances, or into Iraqi terri- $16,400,000;
‘‘Operation and Maintenance, Defense-Wide: days prior to obligating funds made available in
tory, airspace, or waters while equipped for this section, notify the congressional defense
combat, in contravention of the congressional DSCA Security Cooperation’’, 2020/2021,
$75,000,000; committees in writing of the details of any
consultation and reporting requirements of sec- planned obligation and the nature of the ex-
tions 3 and 4 of such Resolution (50 U.S.C. 1542 ‘‘Operation and Maintenance, Defense-Wide:
Coalition Support Funds’’, 2020/2021, $45,000,000; penses incurred: Provided further, That the Sec-
and 1543). retary of Defense shall provide quarterly reports
SEC. 9018. None of the funds made available ‘‘Afghanistan Security Forces Fund’’, 2020/
2021, $1,100,000,000; to the Committees on Appropriations of the
by this Act may be used with respect to Syria in
‘‘Counter-ISIS Train and Equip Fund’’, 2020/ House of Representatives and the Senate on the
contravention of the War Powers Resolution (50
2021, $400,000,000; use and status of funds made available in this
U.S.C. 1541 et seq.), including for the introduc-
‘‘Procurement of Weapons and Tracked Com- section.
tion of United States armed or military forces
bat Vehicles, Army’’, 2020/2022, $100,000,000; SEC. 9027. Each amount designated in this Act
into hostilities in Syria, into situations in Syria
‘‘Procurement of Ammunition, Air Force’’, by the Congress for Overseas Contingency Oper-
where imminent involvement in hostilities is
2020/2022, $49,679,000; ations/Global War on Terrorism pursuant to sec-
clearly indicated by the circumstances, or into
‘‘Research, Development, Test and Evalua- tion 251(b)(2)(A)(ii) of the Balanced Budget and
Syrian territory, airspace, or waters while
tion, Army’’, 2020/2021, $2,878,000; and Emergency Deficit Control Act of 1985 shall be
equipped for combat, in contravention of the
‘‘Research, Development, Test and Evalua- available (or rescinded, if applicable) only if the
congressional consultation and reporting re-
tion, Defense-Wide’’, 2020/2021, $7,165,000. President subsequently so designates all such
quirements of sections 3 and 4 of that law (50
SEC. 9024. Of the amounts appropriated in this amounts and transmits such designations to the
U.S.C. 1542 and 1543).
SEC. 9019. None of the funds in this Act may title under the heading ‘‘Operation and Mainte- Congress.
be made available for the transfer of additional nance, Defense-Wide’’, for the Defense Security SEC. 9028. None of the funds appropriated or
C–130 cargo aircraft to the Afghanistan Na- Cooperation Agency, $753,603,000, to remain otherwise made available by this Act may be
tional Security Forces or the Afghanistan Air available until September 30, 2022, shall be used in contravention of the First Amendment
Force. available for International Security Cooperation of the Constitution.
SEC. 9020. Funds made available by this Act Programs and other programs to provide support This division may be cited as the ‘‘Department
under the heading ‘‘Afghanistan Security and assistance to foreign security forces or other of Defense Appropriations Act, 2021’’.
Forces Fund’’ may be used to provide limited groups or individuals to conduct, support or fa- DIVISION D—ENERGY AND WATER DEVEL-
training, equipment, and other assistance that cilitate counterterrorism, crisis response, or OPMENT AND RELATED AGENCIES AP-
would otherwise be prohibited by 10 U.S.C. 362 building partner capacity programs: Provided, PROPRIATIONS ACT, 2021
to a unit of the security forces of Afghanistan That the Secretary of Defense shall, not less TITLE I
only if the Secretary of Defense certifies to the than 15 days prior to obligating funds made
congressional defense committees, within 30 available in this section, notify the congres- CORPS OF ENGINEERS—CIVIL
days of a decision to provide such assistance, sional defense committees in writing of the de- DEPARTMENT OF THE ARMY
that (1) a denial of such assistance would tails of any planned obligation: Provided fur- CORPS OF ENGINEERS—CIVIL
present significant risk to United States or coali- ther, That the Secretary of Defense shall pro-
The following appropriations shall be ex-
tion forces or significantly undermine United vide quarterly reports to the Committees on Ap-
pended under the direction of the Secretary of
States national security objectives in Afghani- propriations of the House of Representatives
the Army and the supervision of the Chief of
stan; and (2) the Secretary has sought a commit- and the Senate on the use and status of funds
Engineers for authorized civil functions of the
ment by the Government of Afghanistan to take made available in this section.
Department of the Army pertaining to river and
all necessary corrective steps: Provided, That SEC. 9025. Of the amounts appropriated in this
harbor, flood and storm damage reduction,
such certification shall be accompanied by a re- title under the heading ‘‘Operation and Mainte-
shore protection, aquatic ecosystem restoration,
port describing: (1) the information relating to nance, Defense-Wide’’, for the Defense Security
and related efforts.
the gross violation of human rights; (2) the cir- Cooperation Agency, $100,000,000, to remain
cumstances that necessitated the provision of available until September 30, 2022, shall be for INVESTIGATIONS
such assistance; (3) the Afghan security force payments to reimburse key cooperating nations For expenses necessary where authorized by
unit involved; (4) the assistance provided and for logistical, military, and other support, in- law for the collection and study of basic infor-
the assistance withheld; and (5) the corrective cluding access, provided to United States mili- mation pertaining to river and harbor, flood and
steps to be taken by the Government of Afghani- tary and stability operations in Afghanistan storm damage reduction, shore protection,
stan: Provided further, That every 120 days and to counter the Islamic State of Iraq and aquatic ecosystem restoration, and related
after the initial report an additional report shall Syria: Provided, That such reimbursement pay- needs; for surveys and detailed studies, and
be submitted detailing the status of any correc- ments may be made in such amounts as the Sec- plans and specifications of proposed river and
tive steps taken by the Government of Afghani- retary of Defense, with the concurrence of the harbor, flood and storm damage reduction,
stan: Provided further, That if the Government Secretary of State, and in consultation with the shore protection, and aquatic ecosystem restora-
of Afghanistan has not initiated necessary cor- Director of the Office of Management and tion projects, and related efforts prior to con-
rective steps within 1 year of the certification, Budget, may determine, based on documentation struction; for restudy of authorized projects;
the authority under this section to provide as- determined by the Secretary of Defense to ade- and for miscellaneous investigations, and, when
sistance to such unit shall no longer apply: Pro- quately account for the support provided, and authorized by law, surveys and detailed studies,
vided further, That the Secretary shall submit a such determination is final and conclusive upon and plans and specifications of projects prior to
report to such committees detailing the final dis- the accounting officers of the United States, and construction, $153,000,000, to remain available
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position of the case by the Government of Af- 15 days following written notification to the ap- until expended: Provided, That the Secretary
ghanistan. propriate congressional committees: Provided shall initiate nine new study starts during fiscal
SEC. 9021. None of the funds made available further, That these funds may be used for the year 2021: Provided further, That the Secretary
by this Act may be made available for any mem- purpose of providing specialized training and shall not deviate from the new starts proposed
ber of the Taliban except to support a reconcili- procuring supplies and specialized equipment in the work plan, once the plan has been sub-
ation activity that includes the participation of and providing such supplies and loaning such mitted to the Committees on Appropriations of
members of the Government of Afghanistan, equipment on a non-reimbursable basis to coali- both Houses of Congress.
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H7370 CONGRESSIONAL RECORD — HOUSE December 21, 2020
CONSTRUCTION funds which have not been used for emergency pended, for safety projects to maintain, up-
For expenses necessary for the construction of activities proportionally in accordance with the grade, and repair dams identified in the Na-
river and harbor, flood and storm damage re- amounts provided for the programs, projects, or tional Inventory of Dams with a primary owner
duction, shore protection, aquatic ecosystem res- activities. type of state, local government, public utility, or
toration, and related projects authorized by law; REGULATORY PROGRAM private: Provided, That, no project may be fund-
for conducting detailed studies, and plans and ed with amounts provided under this heading
For expenses necessary for administration of
specifications, of such projects (including those for a dam that is identified as jointly owned in
laws pertaining to regulation of navigable
involving participation by States, local govern- the National Inventory of Dams and where one
waters and wetlands, $210,000,000, to remain
ments, or private groups) authorized or made el- of those joint owners is the Federal Government:
available until September 30, 2022.
igible for selection by law (but such detailed Provided further, That such costs, including the
FORMERLY UTILIZED SITES REMEDIAL ACTION cost of modifying such loans, shall be as defined
studies, and plans and specifications, shall not
PROGRAM in section 502 of the Congressional Budget Act
constitute a commitment of the Government to
construction); $2,692,645,000, to remain available For expenses necessary to clean up contami- of 1974: Provided further, That these funds are
until expended; of which such sums as are nec- nation from sites in the United States resulting available to subsidize gross obligations for the
essary to cover the Federal share of construction from work performed as part of the Nation’s principal amount of direct loans, including cap-
costs for facilities under the Dredged Material early atomic energy program, $250,000,000, to re- italized interest, and total loan principal, in-
Disposal Facilities program shall be derived main available until expended. cluding capitalized interest, any part of which
from the Harbor Maintenance Trust Fund as FLOOD CONTROL AND COASTAL EMERGENCIES is to be guaranteed, not to exceed $950,000,000:
authorized by Public Law 104–303; and of which Provided further, That, within 30 days of enact-
For expenses necessary to prepare for flood,
such sums as are necessary to cover 35 percent ment of this Act, the Secretary, in consultation
hurricane, and other natural disasters and sup-
of the costs of construction, replacement, reha- with the Office of Management and Budget,
port emergency operations, repairs, and other
bilitation, and expansion of inland waterways shall transmit a report to the Committees on Ap-
activities in response to such disasters as au-
projects, shall be derived from the Inland Water- propriations of the House of Representatives
thorized by law, $35,000,000, to remain available
ways Trust Fund, except as otherwise specifi- and the Senate that provides: (1) an analysis of
until expended.
cally provided for in law. how subsidy rates will be determined for loans
EXPENSES financed by appropriations provided under this
MISSISSIPPI RIVER AND TRIBUTARIES
For expenses necessary for the supervision heading in this Act; (2) a comparison of the fac-
For expenses necessary for flood damage re- and general administration of the civil works tors that will be considered in estimating sub-
duction projects and related efforts in the Mis- program in the headquarters of the Corps of En- sidy rates for loans financed under this heading
sissippi River alluvial valley below Cape gineers and the offices of the Division Engi- in this Act with factors that will be considered
Girardeau, Missouri, as authorized by law, neers; and for costs of management and oper- in estimates of subsidy rates for other projects
$380,000,000, to remain available until expended, ation of the Humphreys Engineer Center Sup- authorized by the Water Infrastructure Finance
of which such sums as are necessary to cover port Activity, the Institute for Water Resources, and Innovation Act of 2014, including an anal-
the Federal share of eligible operation and the United States Army Engineer Research and ysis of how both sets of rates will be determined;
maintenance costs for inland harbors shall be Development Center, and the United States and (3) an analysis of the process for developing
derived from the Harbor Maintenance Trust Army Corps of Engineers Finance Center allo- draft regulations for the Water Infrastructure
Fund: Provided, That the Secretary shall ini- cable to the civil works program, $206,000,000, to Finance and Innovation program, including a
tiate one new study start in fiscal year 2021: remain available until September 30, 2022, of crosswalk from the statutory requirements for
Provided further, That the Secretary shall not which not to exceed $5,000 may be used for offi- such program, and a timetable for publishing
deviate from the work plan, once the plan has cial reception and representation purposes and such regulations: Provided further, That the use
been submitted to the Committees on Appropria- only during the current fiscal year: Provided, of direct loans or loan guarantee authority
tions of both Houses of Congress. That no part of any other appropriation pro- under this heading for direct loans or commit-
OPERATION AND MAINTENANCE vided in this title shall be available to fund the ments to guarantee loans for any project shall
For expenses necessary for the operation, civil works activities of the Office of the Chief of be in accordance with the criteria published in
maintenance, and care of existing river and har- Engineers or the civil works executive direction the Federal Register on June 30, 2020 (85 FR
bor, flood and storm damage reduction, aquatic and management activities of the division of- 39189) pursuant to the fourth proviso under the
ecosystem restoration, and related projects au- fices: Provided further, That any Flood Control heading ‘‘Water Infrastructure Finance and In-
thorized by law; providing security for infra- and Coastal Emergencies appropriation may be novation Program Account’’ in division D of the
structure owned or operated by the Corps, in- used to fund the supervision and general admin- Further Consolidated Appropriations Act, 2020
cluding administrative buildings and labora- istration of emergency operations, repairs, and (Public Law 116–94): Provided further, That
tories; maintaining harbor channels provided by other activities in response to any flood, hurri- none of the direct loans or loan guarantee au-
a State, municipality, or other public agency cane, or other natural disaster. thority made available under this heading shall
that serve essential navigation needs of general OFFICE OF THE ASSISTANT SECRETARY OF THE be available for any project unless the Secretary
commerce, where authorized by law; surveying ARMY FOR CIVIL WORKS and the Director of the Office of Management
and charting northern and northwestern lakes and Budget have certified in advance in writing
(INCLUDING RESCISSION OF FUNDS)
and connecting waters; clearing and straight- that the direct loan or loan guarantee, as appli-
For the Office of the Assistant Secretary of cable, and the project comply with the criteria
ening channels; and removing obstructions to
the Army for Civil Works as authorized by 10 referenced in the previous proviso: Provided fur-
navigation, $3,849,655,000, to remain available
U.S.C. 3016(b)(3), $5,000,000, to remain available ther, That any references to the Environmental
until expended, of which such sums as are nec-
until September 30, 2022: Provided, That not Protection Agency (EPA) or the Administrator
essary to cover the Federal share of eligible op-
more than 75 percent of such amount may be ob- in the criteria referenced in the previous two
eration and maintenance costs for coastal har-
ligated or expended until the Assistant Sec- provisos shall be deemed to be references to the
bors and channels, and for inland harbors shall
retary submits to the Committees on Appropria- Army Corps of Engineers or the Secretary of the
be derived from the Harbor Maintenance Trust
tions of both Houses of Congress the report re- Army, respectively, for purposes of the direct
Fund; of which such sums as become available
quired under section 101(d) of this Act and a loans or loan guarantee authority made avail-
from the special account for the Corps of Engi-
work plan that allocates at least 95 percent of able under this heading: Provided further, That,
neers established by the Land and Water Con-
the additional funding provided under each for the purposes of carrying out the Congres-
servation Fund Act of 1965 shall be derived from
heading in this title, as designated under such sional Budget Act of 1974, the Director of the
that account for resource protection, research,
heading in the explanatory statement described Congressional Budget Office may request, and
interpretation, and maintenance activities re-
in section 4 (in the matter preceding division A the Secretary shall promptly provide, docu-
lated to resource protection in the areas at
of this consolidated Act), to specific programs, mentation and information relating to a project
which outdoor recreation is available; and of
projects, or activities: Provided further, That of identified in a Letter of Interest submitted to the
which such sums as become available from fees
the unobligated balances available from Secretary pursuant to a Notice of Funding
collected under section 217 of Public Law 104–
amounts appropriated in prior Acts under this Availability for applications for credit assist-
303 shall be used to cover the cost of operation
heading, $500,000 is hereby rescinded: Provided ance under the Water Infrastructure Finance
and maintenance of the dredged material dis-
further, That no amounts may be rescinded from and Innovation Act Program, including with re-
posal facilities for which such fees have been
amounts that were designated by the Congress spect to a project that was initiated or com-
collected: Provided, That 1 percent of the total
as an emergency requirement pursuant to a con- pleted before the date of enactment of this Act.
amount of funds provided for each of the pro-
current resolution on the budget or the Bal- In addition, fees authorized to be collected
grams, projects, or activities funded under this
anced Budget and Emergency Deficit Control pursuant to sections 5029 and 5030 of the Water
heading shall not be allocated to a field oper-
Act of 1985. Infrastructure Finance and Innovation Act of
ctelli on DSK11ZRN23PROD with HOUSE
ating activity prior to the beginning of the
fourth quarter of the fiscal year and shall be WATER INFRASTRUCTURE FINANCE AND 2014 shall be deposited in this account, to re-
available for use by the Chief of Engineers to INNOVATION PROGRAM ACCOUNT main available until expended.
fund such emergency activities as the Chief of For the cost of direct loans and for the cost of In addition, for administrative expenses to
Engineers determines to be necessary and appro- guaranteed loans, as authorized by the Water carry out the direct and guaranteed loan pro-
priate, and that the Chief of Engineers shall al- Infrastructure Finance and Innovation Act of grams, $2,200,000, to remain available until Sep-
locate during the fourth quarter any remaining 2014, $12,000,000, to remain available until ex- tember 30, 2022.
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