BILLS-116HR133SA-RCP-116-68 (1).pdf

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21 2020
DECEMBER ll,
RULES COMMITTEE PRINT 116–68

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

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

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

3 priations Act, 2021’’.
4 SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title.

Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Explanatory statement.
Sec. 5. Statement of appropriations.
Sec. 6. Availability of funds.
Sec. 7. Adjustments to compensation.
Sec. 8. Definition.
Sec. 9. Office of Management and Budget Reporting Requirement.
DIVISION A—AGRICULTURE, RURAL DEVELOPMENT, FOOD AND

DRUG ADMINISTRATION, AND RELATED AGENCIES APPROPRIA-
TIONS ACT, 2021
Title I—Agricultural Programs

Title II—Farm Production and Conservation Programs
Title III—Rural Development Programs
Title IV—Domestic Food Programs
Title V—Foreign Assistance and Related Programs
Title VI—Related Agency and Food and Drug Administration
Title VII—General Provisions
DIVISION B—COMMERCE, JUSTICE, SCIENCE, AND RELATED

AGENCIES APPROPRIATIONS ACT, 2021
December 21, 2020 (10:27 a.m.)

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

2021
Title I—Military Personnel

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

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

Title II—Department of the Interior
Title III—Department of Energy
Title IV—Independent Agencies
DIVISION E—FINANCIAL SERVICES AND GENERAL GOVERNMENT

APPROPRIATIONS ACT, 2021
Title I—Department of the Treasury

Title II—Executive Office of the President and Funds Appropriated to the
President
Title III—The Judiciary
Title IV—District of Columbia
Title V—Independent Agencies
Title VI—General Provisions—This Act
Title VII—General Provisions—Government-wide
Title VIII—General Provisions—District of Columbia
Title IX—General Provision—Emergency Funding
DIVISION F—DEPARTMENT OF HOMELAND SECURITY

APPROPRIATIONS ACT, 2021
Title I—Departmental Management, Operations, Intelligence, and Oversight

Title II—Security, Enforcement, and Investigations
Title III—Protection, Preparedness, Response, and Recovery
Title IV—Research, Development, Training, and Services
DIVISION G—DEPARTMENT OF THE INTERIOR, ENVIRONMENT,

AND RELATED AGENCIES APPROPRIATIONS ACT, 2021
Title I—Department of the Interior

Title II—Environmental Protection Agency
Title III—Related Agencies
December 21, 2020 (10:27 a.m.)

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

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

Title II—Department of Health and Human Services
Title III—Department of Education
Title IV—Related Agencies
DIVISION I—LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2021
Title I—Legislative Branch

Title II—General Provisions
DIVISION J—MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND

RELATED AGENCIES APPROPRIATIONS ACT, 2021
Title I—Department of Defense

Title II—Department of Veterans Affairs
Title IV—Overseas Contingency Operations
DIVISION K—DEPARTMENT OF STATE, FOREIGN OPERATIONS,

AND RELATED PROGRAMS APPROPRIATIONS ACT, 2021
Title I—Department of State and Related Agency

Title II—United States Agency for International Development
Title III—Bilateral Economic Assistance
Title IV—International Security Assistance
Title V—Multilateral Assistance
Title VI—Export and Investment Assistance
Title VII—General Provisions
Title VIII—Nita M. Lowey Middle East Partnership for Peace Act of 2020
Title IX—Emergency Funding and Other Matters
DIVISION L—TRANSPORTATION, HOUSING AND URBAN DEVELOP-

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

Title II—Department of Housing and Urban Development
Title IV—General Provisions—This Act
DIVISION M—CORONAVIRUS RESPONSE AND RELIEF

SUPPLEMENTAL APPROPRIATIONS ACT, 2021
DIVISION N—ADDITIONAL CORONAVIRUS RESPONSE AND RELIEF
DIVISION O—EXTENSIONS AND TECHNICAL CORRECTIONS
Title I—Immigration Extensions

Title II—Commission on Black Men and Boys Corrections
Title III—U.S. Customs and Border Protection Authority to Accept Donations
Extension
December 21, 2020 (10:27 a.m.)

4
Title IV—Livestock Mandatory Reporting Extension
Title V—Soil Health and Income Protection Pilot Program Extension
Title VI—United States-Mexico-Canada Agreement Implementation Act Tech-
nical Corrections
Title VII—Deputy Architect of the Capitol Amendments
Title VIII—Pandemic Response Accountability Committee Amendments
Title IX—Adjustment of Status for Liberian Nationals Extension
Title X—Clean Up the Code Act of 2019
Title XI—Amendments to Provisions Relating to Child Care Centers
Title XII—Alaska Natives Extension
Title XIII— Open Technology Fund Opportunity to Contest Proposed Debar-
ment
Title XIV—Budgetary Effects
DIVISION P—NATIONAL BIO AND AGRO-DEFENSE FACILITY ACT

OF 2020
DIVISION Q—FINANCIAL SERVICES PROVISIONS AND

INTELLECTUAL PROPERTY
DIVISION R—PROTECTING OUR INFRASTRUCTURE OF PIPELINES

AND ENHANCING SAFETY ACT OF 2020
DIVISION S—INNOVATION FOR THE ENVIRONMENT
DIVISION T—SMITHSONIAN AMERICAN WOMEN’S HISTORY MU-

SEUM ACT AND NATIONAL MUSEUM OF THE AMERICAN
LATINO
DIVISION U—HOMELAND SECURITY AND GOVERNMENTAL

AFFAIRS PROVISIONS
DIVISION V—AIRCRAFT CERTIFICATION, SAFETY, AND

ACCOUNTABILITY
DIVISION W—INTELLIGENCE AUTHORIZATION ACT FOR FISCAL

YEAR 2021
DIVISION X—SUPPORTING FOSTER YOUTH AND FAMILIES

THROUGH THE PANDEMIC
DIVISION Y—AMERICAN MINER BENEFITS IMPROVEMENT
DIVISION Z—ENERGY ACT OF 2020
DIVISION AA—WATER RESOURCES DEVELOPMENT ACT OF 2020
DIVISION BB—PRIVATE HEALTH INSURANCE AND PUBLIC

HEALTH PROVISIONS
DIVISION CC—HEALTH EXTENDERS
DIVISION DD—MONTANA WATER RIGHTS PROTECTION ACT
DIVISION EE—TAXPAYER CERTAINTY AND DISASTER TAX

RELIEF ACT OF 2020
DIVISION FF—OTHER MATTER
December 21, 2020 (10:27 a.m.)

5
Title I—Continuing Education at Affected Foreign Institutions and Modification
of Certain Protections for Taxpayer Return Information
Title II—Public Lands
Title III—Foreign Relations and Department of State Provisions
Title IV—Senate Sergeant at Arms Cloud Services
Title V— Repeal of Requirement to Sell Certain Federal Property in Plum Is-
land, New York
Title VI— Preventing Online Sales of E-Cigarettes to Children
Title VII—FAFSA Simplification
Title VIII—Access to Death Information Furnished to or Maintained by the So-
cial Security Administration
Title IX—Telecommunications and Consumer Protection
Title X—Bankruptcy Relief
Title XI—Western Water and Indian Affairs
Title XII—Horseracing Integrity and Safety
Title XIII—Community Development Block Grants
Title XIV—COVID–19 Consumer Protection Act
Title XV—American COMPETE Act
Title XVI—Recording of Obligations
Title XVII—Sudan Claims Resolution
Title XVIII—Theodore Roosevelt Presidential Library Conveyance Act of 2020
Title XIX—United States-Mexico Economic Partnership Act
Title XX—Consumer Product Safety Commission Port Surveillance
Title XXI—COVID–19 Regulatory Relief and Work From Home Safety Act
1 SEC. 3. REFERENCES.
2 Except as expressly provided otherwise, any reference

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

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

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

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

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

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

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

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

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

8
◊
December 21, 2020 (10:27 a.m.)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

83
1 from the previous year due to user fees proposals that
2 have not been enacted into law prior to the submission
3 of the budget unless such budget submission identifies
4 which additional spending reductions should occur in the
5 event the user fees proposals are not enacted prior to the
6 date of the convening of a committee of conference for
7 the fiscal year 2022 appropriations Act.
8 SEC. 716. (a) None of the funds provided by this Act,
9 or provided by previous appropriations Acts to the agen-
10 cies funded by this Act that remain available for obligation
11 or expenditure in the current fiscal year, or provided from
12 any accounts in the Treasury derived by the collection of
13 fees available to the agencies funded by this Act, shall be
14 available for obligation or expenditure through a re-
15 programming, transfer of funds, or reimbursements as au-
16 thorized by the Economy Act, or in the case of the Depart-
17 ment of Agriculture, through use of the authority provided
18 by section 702(b) of the Department of Agriculture Or-
19 ganic Act of 1944 (7 U.S.C. 2257) or section 8 of Public
20 Law 89–106 (7 U.S.C. 2263), that—
21 (1) creates new programs;
22 (2) eliminates a program, project, or activity;
23 (3) increases funds or personnel by any means
24 for any project or activity for which funds have been
25 denied or restricted;
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1 (4) relocates an office or employees;
2 (5) reorganizes offices, programs, or activities;
3 or
4 (6) contracts out or privatizes any functions or
5 activities presently performed by Federal employees;
6 unless the Secretary of Agriculture or the Sec-
7 retary of Health and Human Services (as the case
8 may be) notifies in writing and receives approval
9 from the Committees on Appropriations of both
10 Houses of Congress at least 30 days in advance of
11 the reprogramming of such funds or the use of such
12 authority.
13 (b) None of the funds provided by this Act, or pro-
14 vided by previous Appropriations Acts to the agencies
15 funded by this Act that remain available for obligation or
16 expenditure in the current fiscal year, or provided from
19 available for obligation or expenditure for activities, pro-
20 grams, or projects through a reprogramming or use of the
21 authorities referred to in subsection (a) involving funds
22 in excess of $500,000 or 10 percent, whichever is less,
23 that—
24 (1) augments existing programs, projects, or ac-
25 tivities;
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85
1 (2) reduces by 10 percent funding for any exist-
2 ing program, project, or activity, or numbers of per-
3 sonnel by 10 percent as approved by Congress; or
4 (3) results from any general savings from a re-
5 duction in personnel which would result in a change
6 in existing programs, activities, or projects as ap-
7 proved by Congress;
8 unless the Secretary of Agriculture or the Sec-
9 retary of Health and Human Services (as the case
10 may be) notifies in writing and receives approval
11 from the Committees on Appropriations of both
13 the reprogramming or transfer of such funds or the
14 use of such authority.
15 (c) The Secretary of Agriculture or the Secretary of
16 Health and Human Services shall notify in writing and
17 receive approval from the Committees on Appropriations
18 of both Houses of Congress before implementing any pro-
19 gram or activity not carried out during the previous fiscal
20 year unless the program or activity is funded by this Act
21 or specifically funded by any other Act.
22 (d) None of the funds provided by this Act, or pro-
23 vided by previous Appropriations Acts to the agencies
24 funded by this Act that remain available for obligation or
25 expenditure in the current fiscal year, or provided from
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86
3 available for—
4 (1) modifying major capital investments fund-
5 ing levels, including information technology systems,
6 that involves increasing or decreasing funds in the
7 current fiscal year for the individual investment in
8 excess of $500,000 or 10 percent of the total cost,
9 whichever is less;
10 (2) realigning or reorganizing new, current, or
11 vacant positions or agency activities or functions to
12 establish a center, office, branch, or similar entity
13 with five or more personnel; or
14 (3) carrying out activities or functions that
15 were not described in the budget request;
16 unless the agencies funded by this Act notify, in
17 writing, the Committees on Appropriations of both
19 using the funds for these purposes.
20 (e) As described in this section, no funds may be used
21 for any activities unless the Secretary of Agriculture or
22 the Secretary of Health and Human Services receives from
23 the Committee on Appropriations of both Houses of Con-
24 gress written or electronic mail confirmation of receipt of
25 the notification as required in this section.
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87
1 SEC. 717. Notwithstanding section 310B(g)(5) of the
2 Consolidated Farm and Rural Development Act (7 U.S.C.
3 1932(g)(5)), the Secretary may assess a one-time fee for
4 any guaranteed business and industry loan in an amount
5 that does not exceed 3 percent of the guaranteed principal
6 portion of the loan.
8 wise made available to the Department of Agriculture, the
9 Food and Drug Administration, or the Farm Credit Ad-
10 ministration shall be used to transmit or otherwise make
11 available reports, questions, or responses to questions that
12 are a result of information requested for the appropria-
13 tions hearing process to any non-Department of Agri-
14 culture, non-Department of Health and Human Services,
15 or non-Farm Credit Administration employee.
16 SEC. 719. Unless otherwise authorized by existing
17 law, none of the funds provided in this Act, may be used
18 by an executive branch agency to produce any pre-
19 packaged news story intended for broadcast or distribution
20 in the United States unless the story includes a clear noti-
21 fication within the text or audio of the prepackaged news
22 story that the prepackaged news story was prepared or
23 funded by that executive branch agency.
24 SEC. 720. No employee of the Department of Agri-
25 culture may be detailed or assigned from an agency or
December 21, 2020 (12:59 p.m.)

88
1 office funded by this Act or any other Act to any other
2 agency or office of the Department for more than 60 days
3 in a fiscal year unless the individual’s employing agency
4 or office is fully reimbursed by the receiving agency or
5 office for the salary and expenses of the employee for the
6 period of assignment.
7 SEC. 721. Not later than 30 days after the date of
8 enactment of this Act, the Secretary of Agriculture, the
9 Commissioner of the Food and Drug Administration, and
10 the Chairman of the Farm Credit Administration shall
11 submit to the Committees on Appropriations of both
12 Houses of Congress a detailed spending plan by program,
13 project, and activity for all the funds made available under
14 this Act including appropriated user fees, as defined in
15 the explanatory statement described in section 4 (in the
16 matter preceding division A of this consolidated Act).
17 SEC. 722. Of the unobligated balances from amounts
18 made available for the supplemental nutrition program as
19 authorized by section 17 of the Child Nutrition Act of
20 1966 (42 U.S.C. 1786), $1,250,000,000 are hereby re-
21 scinded: Provided, That no amounts may be rescinded
22 from amounts that were designated by the Congress as
23 an emergency requirement pursuant to a Concurrent Res-
24 olution on the Budget or the Balanced Budget and Emer-
25 gency Deficit Control Act of 1985.
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1 SEC. 723. For the purposes of determining eligibility
2 or level of program assistance for Rural Development pro-
3 grams the Secretary shall not include incarcerated prison
4 populations.
5 SEC. 724. For loans and loan guarantees that do not
6 require budget authority and the program level has been
7 established in this Act, the Secretary of Agriculture may
8 increase the program level for such loans and loan guaran-
9 tees by not more than 25 percent: Provided, That prior
10 to the Secretary implementing such an increase, the Sec-
11 retary notifies, in writing, the Committees on Appropria-
12 tions of both Houses of Congress at least 15 days in ad-
13 vance.
14 SEC. 725. None of the credit card refunds or rebates
15 transferred to the Working Capital Fund pursuant to sec-
16 tion 729 of the Agriculture, Rural Development, Food and
17 Drug Administration, and Related Agencies Appropria-
18 tions Act, 2002 (7 U.S.C. 2235a; Public Law 107–76)
19 shall be available for obligation without written notifica-
20 tion to, and the prior approval of, the Committees on Ap-
21 propriations of both Houses of Congress: Provided, That
22 the refunds or rebates so transferred shall be available for
23 obligation only for the acquisition of plant and capital
24 equipment necessary for the delivery of financial, adminis-
25 trative, and information technology services, including
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90
1 cloud adoption and migration, of primary benefit to the
2 agencies of the Department of Agriculture.
3 SEC. 726. None of the funds made available by this
4 Act may be used to implement, administer, or enforce the
5 ‘‘variety’’ requirements of the final rule entitled ‘‘Enhanc-
6 ing Retailer Standards in the Supplemental Nutrition As-
7 sistance Program (SNAP)’’ published by the Department
8 of Agriculture in the Federal Register on December 15,
9 2016 (81 Fed. Reg. 90675) until the Secretary of Agri-
10 culture amends the definition of the term ‘‘variety’’ as de
11 fined in section 278.1(b)(1)(ii)(C) of title 7, Code of Fed-
12 eral Regulations, and ‘‘variety’’ as applied in the definition
13 of the term ‘‘staple food’’ as defined in section 271.2 of
14 title 7, Code of Federal Regulations, to increase the num-
15 ber of items that qualify as acceptable varieties in each
16 staple food category so that the total number of such items
17 in each staple food category exceeds the number of such
18 items in each staple food category included in the final
19 rule as published on December 15, 2016: Provided, That
20 until the Secretary promulgates such regulatory amend-
21 ments, the Secretary shall apply the requirements regard-
22 ing acceptable varieties and breadth of stock to Supple-
23 mental Nutrition Assistance Program retailers that were
24 in effect on the day before the date of the enactment of
25 the Agricultural Act of 2014 (Public Law 113–79).
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91
1 SEC. 727. In carrying out subsection (h) of section
2 502 of the Housing Act of 1949 (42 U.S.C. 1472), the
3 Secretary of Agriculture shall have the same authority
4 with respect to loans guaranteed under such section and
5 eligible lenders for such loans as the Secretary has under
6 subsections (h) and (j) of section 538 of such Act (42
7 U.S.C. 1490p–2) with respect to loans guaranteed under
8 such section 538 and eligible lenders for such loans.
10 Act may be used to propose, promulgate, or implement
11 any rule, or take any other action with respect to, allowing
12 or requiring information intended for a prescribing health
13 care professional, in the case of a drug or biological prod-
14 uct subject to section 503(b)(1) of the Federal Food,
15 Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)), to be dis-
16 tributed to such professional electronically (in lieu of in
17 paper form) unless and until a Federal law is enacted to
18 allow or require such distribution.
20 or any other Act may be used to carry out the final rule
21 promulgated by the Food and Drug Administration and
22 put into effect November 16, 2015, in regards to the haz-
23 ard analysis and risk-based preventive control require-
24 ments of the current good manufacturing practice, hazard
25 analysis, and risk-based preventive controls for food for
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92
1 animals rule with respect to the regulation of the produc-
2 tion, distribution, sale, or receipt of dried spent grain by-
3 products of the alcoholic beverage production process.
4 SEC. 730. There is hereby appropriated $11,000,000,
5 to remain available until expended, to carry out section
6 6407 of the Farm Security and Rural Investment Act of
7 2002 (7 U.S.C. 8107a): Provided, That the Secretary may
8 allow eligible entities, or comparable entities that provide
9 energy efficiency services using their own billing mecha-
10 nism to offer loans to customers in any part of their serv-
11 ice territory and to offer loans to replace a manufactured
12 housing unit with another manufactured housing unit, if
13 replacement would be more cost effective in saving energy.
14 SEC. 731. (a) The Secretary of Agriculture shall—
15 (1) conduct audits in a manner that evaluates
16 the following factors in the country or region being
17 audited, as applicable—
18 (A) veterinary control and oversight;
19 (B) disease history and vaccination prac-
20 tices;
21 (C) livestock demographics and
22 traceability;
23 (D) epidemiological separation from poten-
24 tial sources of infection;
25 (E) surveillance practices;
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93
1 (F) diagnostic laboratory capabilities; and
2 (G) emergency preparedness and response;
3 and
4 (2) promptly make publicly available the final
5 reports of any audits or reviews conducted pursuant
6 to subsection (1).
7 (b) This section shall be applied in a manner con-
8 sistent with United States obligations under its inter-
9 national trade agreements.
11 Act may be used to implement section 3.7(f) of the Farm
12 Credit Act of 1971 in a manner inconsistent with section
13 343(a)(13) of the Consolidated Farm and Rural Develop-
14 ment Act.
16 Act may be used to carry out any activities or incur any
17 expense related to the issuance of licenses under section
18 3 of the Animal Welfare Act (7 U.S.C. 2133), or the re-
19 newal of such licenses, to class B dealers who sell dogs
20 and cats for use in research, experiments, teaching, or
21 testing.
22 SEC. 734. (a)(1) No Federal funds made available for
23 this fiscal year for the rural water, waste water, waste dis-
24 posal, and solid waste management programs authorized
25 by sections 306, 306A, 306C, 306D, 306E, and 310B of
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94
1 the Consolidated Farm and Rural Development Act (7
2 U.S.C. 1926 et seq.) shall be used for a project for the
3 construction, alteration, maintenance, or repair of a public
4 water or wastewater system unless all of the iron and steel
5 products used in the project are produced in the United
6 States.
7 (2) In this section, the term ‘‘iron and steel
8 products’’ means the following products made pri-
9 marily of iron or steel: lined or unlined pipes and fit-
10 tings, manhole covers and other municipal castings,
11 hydrants, tanks, flanges, pipe clamps and restraints,
12 valves, structural steel, reinforced precast concrete,
13 and construction materials.
14 (b) Subsection (a) shall not apply in any case or cat-
15 egory of cases in which the Secretary of Agriculture (in
16 this section referred to as the ‘‘Secretary’’) or the designee
17 of the Secretary finds that—
18 (1) applying subsection (a) would be incon-
19 sistent with the public interest;
20 (2) iron and steel products are not produced in
21 the United States in sufficient and reasonably avail-
22 able quantities or of a satisfactory quality; or
23 (3) inclusion of iron and steel products pro-
24 duced in the United States will increase the cost of
25 the overall project by more than 25 percent.
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95
1 (c) If the Secretary or the designee receives a request
2 for a waiver under this section, the Secretary or the des-
3 ignee shall make available to the public on an informal
4 basis a copy of the request and information available to
5 the Secretary or the designee concerning the request, and
6 shall allow for informal public input on the request for
7 at least 15 days prior to making a finding based on the
8 request. The Secretary or the designee shall make the re-
9 quest and accompanying information available by elec-
10 tronic means, including on the official public Internet Web
11 site of the Department.
12 (d) This section shall be applied in a manner con-
13 sistent with United States obligations under international
14 agreements.
15 (e) The Secretary may retain up to 0.25 percent of
16 the funds appropriated in this Act for ‘‘Rural Utilities
17 Service—Rural Water and Waste Disposal Program Ac-
18 count’’ for carrying out the provisions described in sub-
19 section (a)(1) for management and oversight of the re-
20 quirements of this section.
21 (f) Subsection (a) shall not apply with respect to a
22 project for which the engineering plans and specifications
23 include use of iron and steel products otherwise prohibited
24 by such subsection if the plans and specifications have re-
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96
1 ceived required approvals from State agencies prior to the
2 date of enactment of this Act.
3 (g) For purposes of this section, the terms ‘‘United
4 States’’ and ‘‘State’’ shall include each of the several
5 States, the District of Columbia, and each Federally rec-
6 ognized Indian tribe.
7 SEC. 735. None of the funds appropriated by this Act
8 may be used in any way, directly or indirectly, to influence
9 congressional action on any legislation or appropriation
10 matters pending before Congress, other than to commu-
11 nicate to Members of Congress as described in 18 U.S.C.
12 1913.
13 SEC. 736. Of the total amounts made available by
14 this Act for direct loans and grants in section 730 and
15 in the following headings: ‘‘Rural Housing Service—Rural
16 Housing Insurance Fund Program Account’’; ‘‘Rural
17 Housing Service—Mutual and Self-Help Housing
18 Grants’’; ‘‘Rural Housing Service—Rural Housing Assist-
19 ance Grants’’; ‘‘Rural Housing Service—Rural Commu-
20 nity Facilities Program Account’’; ‘‘Rural Business-Coop-
21 erative Service—Rural Business Program Account’’;
22 ‘‘Rural Business-Cooperative Service—Rural Economic
23 Development Loans Program Account’’; ‘‘Rural Business-
24 Cooperative Service—Rural Cooperative Development
25 Grants’’; ‘‘Rural Utilities Service—Rural Water and
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97
1 Waste Disposal Program Account’’; ‘‘Rural Utilities Serv-
2 ice—Rural Electrification and Telecommunications Loans
3 Program Account’’; and ‘‘Rural Utilities Service—Dis-
4 tance Learning, Telemedicine, and Broadband Program’’,
5 to the maximum extent feasible, at least 10 percent of the
6 funds shall be allocated for assistance in persistent poverty
7 counties under this section, including, notwithstanding
8 any other provision regarding population limits, any coun-
9 ty seat of such a persistent poverty county that has a pop-
10 ulation that does not exceed the authorized population
11 limit by more than 10 percent: Provided, That for pur-
12 poses of this section, the term ‘‘persistent poverty coun-
13 ties’’ means any county that has had 20 percent or more
14 of its population living in poverty over the past 30 years,
15 as measured by the 1990 and 2000 decennial censuses,
16 and 2007–2011 American Community Survey 5-year aver-
17 age, or any territory or possession of the United States:
18 Provided further, That with respect to specific activities
19 for which program levels have been made available by this
20 Act that are not supported by budget authority, the re-
21 quirements of this section shall be applied to such program
22 level.
23 SEC. 737. In addition to any other funds made avail-
24 able in this Act or any other Act, there is appropriated
25 $12,000,000 to carry out section 18(g)(8) of the Richard
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98
1 B. Russell National School Lunch Act (42 U.S.C.
2 1769(g)), to remain available until expended: Provided,
3 That notwithstanding section 18(g)(3)(C) of the Richard
4 B. Russell National School Lunch Act (42 U.S.C. 1769
5 (g)(3)(c)), the total grant amount provided to a farm to
6 school grant recipient in fiscal year 2021 shall not exceed
7 $500,000.
9 to remain available until September 30, 2022, for the cost
10 of loans and grants that is consistent with section 4206
11 of the Agricultural Act of 2014, for necessary expenses
12 of the Secretary to support projects that provide access
13 to healthy food in underserved areas, to create and pre-
14 serve quality jobs, and to revitalize low-income commu-
15 nities.
16 SEC. 739. For an additional amount for ‘‘Animal and
17 Plant Health Inspection Service—Salaries and Expenses’’,
18 $8,500,000, to remain available until September 30, 2022,
19 for one-time control and management and associated ac-
20 tivities directly related to the multiple-agency response to
21 citrus greening.
23 Act may be used to notify a sponsor or otherwise acknowl-
24 edge receipt of a submission for an exemption for inves-
25 tigational use of a drug or biological product under section
December 21, 2020 (12:59 p.m.)

99
1 505(i) of the Federal Food, Drug, and Cosmetic Act (21
2 U.S.C. 355(i)) or section 351(a)(3) of the Public Health
3 Service Act (42 U.S.C. 262(a)(3)) in research in which
4 a human embryo is intentionally created or modified to
5 include a heritable genetic modification. Any such submis-
6 sion shall be deemed to have not been received by the Sec-
7 retary, and the exemption may not go into effect.
9 or any other Act may be used to enforce the final rule
10 promulgated by the Food and Drug Administration enti-
11 tled ‘‘Standards for the Growing, Harvesting, Packing,
12 and Holding of Produce for Human Consumption,’’ and
13 published on November 27, 2015, with respect to the regu-
14 lation of entities that grow, harvest, pack, or hold wine
15 grapes, hops, pulse crops, or almonds.
17 to remain available until September 30, 2022, for a pilot
18 program for the National Institute of Food and Agri-
19 culture to provide grants to nonprofit organizations for
20 programs and services to establish and enhance farming
21 and ranching opportunities for military veterans.
22 SEC. 743. For school years 2020–2021 and 2021–
23 2022, none of the funds made available by this Act may
24 be used to implement or enforce the matter following the
25 first comma in the second sentence of footnote (c) of sec-
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100
1 tion 220.8(c) of title 7, Code of Federal Regulations, with
2 respect to the substitution of vegetables for fruits under
3 the school breakfast program established under section 4
4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773).
6 Act or any other Act may be used—
7 (1) in contravention of section 7606 of the Ag-
8 ricultural Act of 2014 (7 U.S.C. 5940), subtitle G
9 of the Agricultural Marketing Act of 1946, or sec-
10 tion 10114 of the Agriculture Improvement Act of
11 2018; or
12 (2) to prohibit the transportation, processing,
13 sale, or use of hemp, or seeds of such plant, that is
14 grown or cultivated in accordance with subsection
15 section 7606 of the Agricultural Act of 2014 or Sub-
16 title G of the Agricultural Marketing Act of 1946,
17 within or outside the State in which the hemp is
18 grown or cultivated.
19 SEC. 745. Out of amounts appropriated to the Food
20 and Drug Administration under title VI, the Secretary of
21 Health and Human Services, acting through the Commis-
22 sioner of Food and Drugs, shall, not later than September
23 30, 2021, and following the review required under Execu-
24 tive Order No. 12866 (5 U.S.C. 601 note; relating to regu-
25 latory planning and review), issue advice revising the ad-
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101
1 vice provided in the notice of availability entitled ‘‘Advice
2 About Eating Fish, From the Environmental Protection
3 Agency and Food and Drug Administration; Revised Fish
4 Advice; Availability’’ (82 Fed. Reg. 6571 (January 19,
5 2017)), in a manner that is consistent with nutrition
6 science recognized by the Food and Drug Administration
7 on the net effects of seafood consumption.
9 to remain available until expended, for grants under sec-
10 tion 12502 of Public Law 115–334.
11 SEC. 747. There is hereby appropriated $2,000,000
12 to carry out section 1621 of Public Law 110–246.
14 to remain available until September 30, 2022, to carry out
15 section 4003(b) of Public Law 115–334 relating to dem-
16 onstration projects for Tribal Organizations.
17 SEC. 749. In addition to amounts otherwise made
18 available by this Act and notwithstanding the last sentence
19 of 16 U.S.C. 1310, there is appropriated $4,000,000, to
20 remain available until expended, to implement non-renew-
21 able agreements on eligible lands, including flooded agri-
22 cultural lands, as determined by the Secretary, under the
23 Water Bank Act (16 U.S.C. 1301–1311).
24 SEC. 750. The Secretary shall set aside for Rural
25 Economic Area Partnership (REAP) Zones, until August
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102
1 15, 2021, an amount of funds made available in title III
2 under the headings of Rural Housing Insurance Fund
3 Program Account, Mutual and Self-Help Housing Grants,
4 Rural Housing Assistance Grants, Rural Community Fa-
5 cilities Program Account, Rural Business Program Ac-
6 count, Rural Development Loan Fund Program Account,
7 and Rural Water and Waste Disposal Program Account,
8 equal to the amount obligated in REAP Zones with re-
9 spect to funds provided under such headings in the most
10 recent fiscal year any such funds were obligated under
11 such headings for REAP Zones.
14 SEC. 752. The Secretary of Agriculture may waive
15 the matching funds requirement under Section 412(g) of
16 the Agricultural Research, Extension, and Education Re-
17 form Act of 1998 (7 U.S.C. 7632(g)).
19 to remain available until expended, for a pilot program
20 for the Secretary to provide grants to qualified non-profit
21 organizations and public housing authorities to provide
22 technical assistance, including financial and legal services,
23 to RHS multi-family housing borrowers to facilitate the
24 acquisition of RHS multi-family housing properties in
25 areas where the Secretary determines a risk of loss of af-
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103
1 fordable housing, by non-profit housing organizations and
2 public housing authorities as authorized by law that com-
3 mit to keep such properties in the RHS multi-family hous-
4 ing program for a period of time as determined by the
5 Secretary.
7 to carry out section 222 of Subtitle A of the Department
8 of Agriculture Reorganization Act of 1994 (7 U.S.C.
9 6923) as amended by section 12302 of Public Law 115–
10 334.
17 to carry out section 1450 of the National Agricultural Re-
18 search, Extension, and Teaching Policy Act of 1977 (7
19 U.S.C. 3222e) as amended by section 7120 of Public Law
20 115–334.
22 to carry out section 1671 of the Food, Agriculture, Con-
23 servation, and Trade Act of 1990 (7 U.S.C. 5924) as
24 amended by section 7208 of Public Law 115–334.
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104
1 SEC. 759. In response to an eligible community where
2 the drinking water supplies are inadequate due to a nat-
3 ural disaster, as determined by the Secretary, including
4 drought or severe weather, the Secretary may provide po-
5 table water through the Emergency Community Water As-
6 sistance Grant Program for an additional period of time
7 not to exceed 120 days beyond the established period pro-
8 vided under the Program in order to protect public health.
12 SEC. 761. Funds made available under title II of the
13 Food for Peace Act (7 U.S.C. 1721 et seq.) may only be
14 used to provide assistance to recipient nations if adequate
15 monitoring and controls, as determined by the Adminis-
16 trator, are in place to ensure that emergency food aid is
17 received by the intended beneficiaries in areas affected by
18 food shortages and not diverted for unauthorized or inap-
19 propriate purposes.
21 law, ARS facilities as described in the ‘‘Memorandum of
22 Understanding Between the U.S. Department of Agri-
23 culture Animal and Plant Health Inspection Service
24 (APHIS) and the U.S. Department of Agriculture Agri-
25 cultural Research Service (ARS) Concerning Laboratory
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105
1 Animal Welfare’’ (16–6100–0103–MU Revision 16–1)
2 shall be inspected by APHIS for compliance with the Ani-
3 mal Welfare Act and its regulations and standards.
5 to remain available until expended, to carry out section
6 2103 of Public Law 115–334: Provided, That the Sec-
7 retary shall prioritize the wetland compliance needs of
8 areas with significant numbers of individual wetlands, wet-
9 land acres, and conservation compliance requests.
11 Act may be used to procure raw or processed poultry prod-
12 ucts imported into the United States from the People’s
13 Republic of China for use in the school lunch program
14 under the Richard B. Russell National School Lunch Act
15 (42 U.S.C. 1751 et seq.), the Child and Adult Care Food
16 Program under section 17 of such Act (42 U.S.C. 1766),
17 the Summer Food Service Program for Children under
18 section 13 of such Act (42 U.S.C. 1761), or the school
19 breakfast program under the Child Nutrition Act of 1966
20 (42 U.S.C. 1771 et seq.).
22 for an additional amount for ‘‘Department of Health and
23 Human Services—Food and Drug Administration—Sala-
24 ries and Expenses’’ to remain available until expended and
25 in addition to amounts otherwise made available for such
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106
1 purposes, for the development of research, education, and
2 outreach partnerships with academic institutions to study
3 and promote seafood safety.
5 to remain available until September 30, 2022, for the Na-
6 tional Institute of Food and Agriculture to issue a com-
7 petitive grant to support the establishment of an Agri-
8 culture Business Innovation Center at a historically black
9 college or university to serve as a technical assistance hub
10 to enhance agriculture-based business development oppor-
11 tunities.
12 SEC. 767. For school year 2021–2022, only a school
13 food authority that had a negative balance in the nonprofit
14 school food service account as of December 31, 2020, shall
15 be required to establish a price for paid lunches in accord-
16 ance with section 12(p) of the Richard B. Russell National
17 School Lunch Act (42 U.S.C. 1760(p)).
21 SEC. 769. In addition to any funds made available
22 in this Act or any other Act, there is hereby appropriated
24 2022, for grants from the National Institute of Food and
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107
1 Agriculture to the 1890 Institutions to support the Cen-
2 ters of Excellence.
4 to remain available until expended, for the Secretary of
5 Agriculture to carry out a pilot program that assists rural
6 hospitals to improve long-term operations and financial
7 health by providing technical assistance through analysis
8 of current hospital management practices.
10 available by this or any other Act, there is hereby appro-
11 priated $5,000,000, to remain available until expended, to
12 the Secretary for a pilot program to provide grants to a
13 regional consortium to fund technical assistance and con-
14 struction of regional wastewater systems for historically
15 impoverished communities that have had difficulty in in-
16 stalling traditional wastewater treatment systems due to
17 soil conditions.
18 SEC. 772. The Secretary of Agriculture shall—
19 (1) within 180 days of enactment of this Act
20 publish a notice of proposed rulemaking in the Fed-
21 eral Register seeking public comments on the effects
22 of lifting the stay issued on July 31, 2013 (78 Fed.
23 Reg. 46255) with consideration given to changes in
24 industry and the implementation of certain
25 rulemakings since the publication of the stay;
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108
1 (2) take public comments on the notice for not
2 more than 60 days; and
3 (3) not later than 180 days after the end of the
4 comment period, publish in the Federal Register the
5 date upon which the stay is lifted if such action is
6 justified based on the comments received.
9 section 23 of the Child Nutrition Act of 1966 (42 U.S.C.
10 1793), of which $2,000,000 shall be for grants under such
11 section to the Commonwealth of Puerto Rico, the Com-
12 monwealth of the Northern Mariana Islands, the United
13 States Virgin Islands, Guam, and American Samoa.
14 SEC. 774. Any funds made available by this or any
15 other Act that the Secretary withholds pursuant to section
16 1668(g)(2) of the Food, Agriculture, Conservation, and
17 Trade Act of 1990 (7 U.S.C. 5921(g)(2)), as amended,
18 shall be available for grants for biotechnology risk assess-
19 ment research: Provided, That the Secretary may transfer
20 such funds among appropriations of the Department of
21 Agriculture for purposes of making such grants.
22 SEC. 775. (a) There is hereby appropriated
23 $531,000,000, to remain available until expended, for an
24 additional amount for section 779 of Public Law 115–141.
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109
1 (b) Section 313(b) of the Rural Electrification Act
2 of 1936, as amended (7 U.S.C. 940c(b)), shall be applied
3 for fiscal year 2021 and each fiscal year thereafter until
4 the specified funding has been expended as if the following
5 were inserted after the final period in subsection (b)(2):
6 ‘‘In addition, the Secretary shall use $425,000,000 of
7 funds available in this subaccount in fiscal year 2019 for
8 an additional amount for the same purpose and under the
9 same terms and conditions as funds appropriated by sec-
10 tion 779 of Public Law 115–141, shall use $255,000,000
11 of funds available in this subaccount in fiscal year 2020
12 for an additional amount for the same purpose and under
13 the same terms and conditions as funds appropriated by
14 section 779 of Public Law 115–141, and shall use
15 $104,000,000 of funds available in this subaccount in fis-
16 cal year 2021 for an additional amount for the same pur-
17 pose and under the same terms and conditions as funds
18 appropriated by section 779 of Public Law 115–141.’’:
19 Provided, That any use of such funds shall be treated as
20 a reprogramming of funds under section 716 of this Act.
21 (c) Section 787(b) of division B of Public Law 116–
22 94 shall no longer apply.
23 SEC. 776. There is hereby appropriated $500,000 to
24 carry out section 224 of Subtitle A of the Department of
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110
1 Agriculture Reorganization Act of 1994 (7 U.S.C. 6924)
2 as amended by section 12504 of Public Law 115–334.
3 SEC. 777. There is hereby appropriated $400,000 to
4 carry out section 1672(g)(4)(B) of the Food, Agriculture,
5 Conservation, and Trade Act of 1990 (7 U.S.C.
6 5925(g)(4(B)) as amended by section 7209 of Public Law
7 115–334.
9 law, the acceptable market name of any engineered animal
10 approved prior to the effective date of the National Bio-
11 engineered Food Disclosure Standard (February 19,
12 2019) shall include the words ‘‘genetically engineered’’
13 prior to the existing acceptable market name.
14 SEC. 779. For an additional amount for ‘‘National
15 Institute of Food and Agriculture—Research and Edu-
16 cation Activities’’, $500,000, to develop a public-private
17 cooperative framework based on open data standards for
18 neutral data repository solutions to preserve and share the
19 big data generated by technological advancements in the
20 agriculture industry and for the preservation and curation
21 of data in collaboration with land-grant universities.
23 law, no funds available to the Department of Agriculture
24 may be used to move any staff office or any agency from
25 the mission area in which it was located on August 1,
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111
1 2018, to any other mission area or office within the De-
2 partment in the absence of the enactment of specific legis-
3 lation affirming such move.
5 to remain available until expended, for the Secretary of
6 Agriculture to carry out a pilot program to provide finan-
7 cial assistance for rural communities to further develop
8 renewable energy.
9 SEC. 782. Section 7605(b) of the Agriculture Im-
10 provement Act of 2018 (7 U.S.C. 5940 note; Public Law
11 115–334) is amended by striking ‘‘September 30, 2021’’
12 and inserting ‘‘January 1, 2022’’.
13 SEC. 783. Section 9(i)(2) of the Food and Nutrition
14 Act of 2008 (7 U.S.C. 2018(i)(2)) is amended by striking
15 ‘‘December 31, 2020’’ and inserting ‘‘December 31,
16 2021’’.
17 SEC. 784. Section 779 of Public Law 115–141 is
18 amended by striking ‘‘expansion efforts made’’ and insert-
19 ing ‘‘service in a service area’’ in the fourth proviso, and
20 by inserting ‘‘, unless such service area is not provided
21 sufficient access to broadband at the minimum service
22 threshold’’ after ‘‘Rural Utilities Service’’ in the fourth
23 proviso.
24 SEC. 785. In addition to amounts otherwise provided,
25 there is hereby appropriated $1,000,000, to remain avail-
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112
1 able until expended, to carry out activities authorized
2 under subsections (a)(2) and (e)(2) of Section 21 of the
3 Richard B. Russell National School Lunch Act (42 U.S.C.
4 1769b–1(a)(2) and (e)(2)).
5 SEC. 786. The Secretary, acting through the Chief
6 of the Natural Resources Conservation Service, may use
7 funds appropriated under this Act for the Watershed and
8 Flood Prevention Operations Program and the Watershed
9 Rehabilitation Program carried out pursuant to the Wa-
10 tershed Protection and Flood Prevention Act (16 U.S.C.
11 1001 et seq.), and for the Emergency Watershed Protec-
12 tion Program carried out pursuant to section 403 of the
13 Agricultural Credit Act of 1978 (16 U.S.C. 2203) to pro-
14 vide technical services for such programs pursuant to sec-
15 tion 1252(a)(1) of the Food Security Act of 1985 (16
16 U.S.C. 3851(a)(1)), notwithstanding subsection (c) of
17 such section.
18 SEC. 787. (a) The Secretary of Health and Human
19 Services, acting through the Commissioner of Food and
20 Drugs (Commissioner), shall develop and, if it determines
21 feasible, implement a number of options for regulating the
22 export of shrimp to the United States from other coun-
23 tries, including the three largest exporting countries by
24 volume to the United States over the last three calendar
25 years, such as sampling of products prior to export to the
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1 United States, increasing foreign inspections of export fa-
2 cilities, increased seafood importer inspections, foreign
3 surveillance inspections at overseas manufacturing sites,
4 enhanced import screening, higher rates of examination
5 and sampling, use of third-party audits, and formal sea-
6 food arrangements with foreign competent authorities.
7 (b) The Commissioner shall especially give priority
8 consideration to the following with the funds appro-
9 priated—
10 (1) that appropriate controls are applied to
11 shrimp feed and production ponds, processing
12 plants, and facilities throughout the chain of dis-
13 tribution to determine compliance with seafood safe-
14 ty requirements;
15 (2) dedicate its inspectional effort to determine
16 compliance with seafood arrangements, once estab-
17 lished, from any dedicated funds;
18 (3) provide an annual report to the Committee
19 before the end of fiscal years 2021, 2022, and 2023
20 with the reporting requirement goal being to provide
21 the Committee information related to FDA’s over-
22 sight of the safety of shrimp products imported into
23 the United States.
25 to carry out the duties of the working group established
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114
1 under section 770 of the Agriculture, Rural Development,
2 Food and Drug Administration, and Related Agencies Ap-
3 propriations Act, 2019 (Public Law 116–6; 133 Stat. 89).
5 or any other act may be used to restrict the offering of
6 low-fat (1% fat) flavored milk in the National School
7 Lunch Program or School Breakfast Program, as long as
8 such milk is not inconsistent with the most recent Dietary
9 Guidelines for Americans published under section 301 of
10 the National Nutrition Monitoring and Related Research
11 Act of 1990.
12 SEC. 790. The Commissioner of the Food and Drug
13 Administration shall develop a plan within 180 days of en-
14 actment that would allow the Agency to identify, detain
15 and refuse all FDA regulated products originating from
16 foreign establishments that did not allow FDA investiga-
17 tors immediate physical access to the registered establish-
18 ment and its records to determine a registered establish-
19 ment’s ongoing compliance with FDA laws and regula-
20 tions. Any foreign establishment that meets these criteria
21 may be placed on import alert. This import alert would
22 be specific for this foreign establishment, focusing on de-
23 taining all products from this establishment.
24 SEC. 791. In administering the pilot program estab-
25 lished by section 779 of division A of the Consolidated Ap-
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115
1 propriations Act, 2018 (Public Law 115–141), the Sec-
2 retary of Agriculture may, for purposes of determining en-
3 tities eligible to receive assistance, consider those commu-
4 nities which are ‘‘Areas Rural in Character’’: Provided,
5 That not more than 10 percent of the funds made avail-
6 able by section 775 may be used for this purpose.
8 for the Goodfellow Federal facility, to remain available
9 until expended, of which $20,000,000 shall be transferred
10 to and merged with the appropriation for ‘‘Office of the
11 Chief Information Officer’’, $16,046,000 shall be trans-
12 ferred to and merged with the appropriation for ‘‘Food
13 Safety and Inspection Service’’, and of which $9,815,000
14 shall be transferred to and merged with the appropriation
15 for ‘‘Rural Development, Salaries and Expenses’’.
16 SEC. 793. Of the unobligated balances from prior
17 year appropriations made available under the heading
18 ‘‘Distance Learning, Telemedicine, and Broadband Pro-
19 gram’’ for the cost of broadband loans, as authorized by
20 section 601 of the Rural Electrification Act, $12,000,000
21 are hereby rescinded.
22 SEC. 794. Funds made available in the Consolidated
23 Appropriations Act, 2016 (Public Law 114–113) for the
24 ‘‘Rural Community Facilities Program Account’’ under
25 section 306 of the Consolidated Farm and Rural Develop-
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116
1 ment Act, 7 U.S.C. 1926, for the principal amount of di-
2 rect loans to eligible approved re-lenders are to remain
3 available through fiscal year 2026 for the liquidation of
4 valid obligations incurred in fiscal year 2016.
6 Act may be used to pay the salaries or expenses of per-
7 sonnel—
8 (1) to inspect horses under section 3 of the
9 Federal Meat Inspection Act (21 U.S.C. 603);
10 (2) to inspect horses under section 903 of the
11 Federal Agriculture Improvement and Reform Act of
12 1996 (7 U.S.C. 1901 note; Public Law 104–127); or
13 (3) to implement or enforce section 352.19 of
14 title 9, Code of Federal Regulations (or a successor
15 regulation).
16 SEC. 796. Not later than 1 year after the date of
17 enactment of this Act, the National Academy of Sciences,
18 Engineering, and Medicine shall complete a review and
19 provide a report to the Secretary of Agriculture, the Sec-
20 retary of Health and Human Services, and the Congress,
21 on the most recent edition of the dietary guidelines for
22 Americans that includes the following:
23 (1) A comparative analysis of the scientific
24 methodologies, review protocols, and evaluation proc-
25 esses used to develop the most recently issued guide-
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117
1 lines as compared to recommendations included in
2 the National Academy of Sciences, Engineering, and
3 Medicine September 2017 report entitled ‘‘Rede-
4 signing the Process for Establishing the Dietary
5 Guidelines for Americans’’.
6 (2) A comparative analysis of the scientific
7 studies used to develop such guidelines to determine
8 the dietary needs of Americans with diet-related
9 metabolic diseases as compared to the most current
10 and rigorous scientific studies on diet and diet-re-
11 lated metabolic diseases available.
12 (3) An analysis of how full implementation of
13 the recommendations described in paragraph (1)
14 would have affected the most recently issued guide-
15 lines.
16 SEC. 797. (a) There is hereby appropriated
17 $3,000,000, to remain available until expended, for a pilot
18 program for the Animal and Plant Health Inspection
19 Service to provide grants to State departments of agri-
20 culture and forestry commissions in states identified in the
21 final environmental assessment published in the Federal
22 Register on September 23, 2020 (85 Fed. Reg. 59735),
23 to combat and treat cogongrass through established
24 cogongrass control programs.
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118
1 (b) Any remaining unobligated balances of funds
2 made available for field crop and rangeland ecosystem
3 pests under the heading ‘‘Animal and Plant Health In-
4 spection Service—Salaries and Expenses’’, in the Consoli-
5 dated Appropriations Act, 2019 (Public Law 116–6) and
6 the Further Consolidated Appropriations Act, 2020 (Pub-
7 lic Law 116–94), and specifically provided as funds for
8 APHIS to partner with states in the control and eradi-
9 cation of the cogongrass weed in the conference report ac-
10 companying Public Law 116–6 and in the explanatory
11 statement described in section 4 in the matter preceding
12 division A of Public Law 116–94, are hereby permanently
13 rescinded, and an amount of additional new budget au-
14 thority equivalent to the amount rescinded is hereby ap-
15 propriated, to remain available until expended in addition
16 to other funds as may be available for such purposes, for
17 the same purposes and under the same conditions as the
18 funds made available under subsection (a) of this section.
19 (c) Not to exceed 2 percent of the funds provided
20 under this section shall be available for necessary costs
21 of grant administration.
24 cation Activities’’, $300,000, for the Under Secretary for
25 Research, Education, and Economics to convene a blue-
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119
1 ribbon panel for the purpose of evaluating the overall
2 structure of research and education through the public
3 and land-grant universities, including 1890 Institutions,
4 to define a new architecture that can better integrate, co-
5 ordinate, and assess economic impact of the collective
6 work of these institutions.
9 cation Activities’’, $4,000,000, to remain available until
10 September 30, 2022, for a competitive grant to an institu-
11 tion in the land-grant university system to establish a
12 Farm of the Future testbed and demonstration site.
13 SEC. 799A. There is hereby appropriated
14 $22,000,000, to remain available until expended, to carry
15 out section 12513 of Public Law 115–334: Provided, That
16 of the amounts made available, $20,000,000 shall be for
17 established dairy business innovation initiatives and the
18 Secretary shall take measures to ensure an equal distribu-
19 tion of funds between the three regional innovation initia-
20 tives.
21 SEC. 799B. None of the funds appropriated or other-
22 wise made available by this Act shall be available for the
23 United States Department of Agriculture to propose, fi-
24 nalize or implement any regulation that would promulgate
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120
1 new user fees pursuant to 31 U.S.C. 9701 after the date
2 of the enactment of this Act.
3 SEC. 799C. (a) Any remaining unobligated balances
4 of funds made available under the heading ‘‘Department
5 of Agriculture—Agricultural Programs—Processing, Re-
6 search and Marketing—Office of the Secretary’’ in sub-
7 sections (b) and (d) of section 791 of division B of the
8 Further Consolidated Appropriations Act, 2020 Public
9 Law 116–94 for block grants to eligible states and terri-
10 tories pursuant to the first proviso under the heading ‘‘De-
11 partment of Agriculture—Agricultural Programs—Proc-
12 essing, Research and Marketing—Office of the Secretary’’
13 in the Additional Supplemental Appropriations for Dis-
14 aster Relief Act of 2019 Public Law 116–20, as amended
15 by subsection (c) of section 791 of division B Public Law
16 116–94, may be made available for any of the other pur-
17 poses and under the same authorities and conditions for
18 those purposes as the funds made available under such
19 heading in such Act, and for the purposes specified and
20 under the same authorities and conditions as in the first,
21 second, third, and fourth provisos of subsection (b) of sec-
22 tion 791 of division B of Public Law 116–94: Provided,
23 That this section shall not be effective before the award
24 of the block grants that were announced prior to the date
25 of enactment of this Act: Provided further, That any block
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121
1 grant amounts that were announced prior to the date of
2 enactment of this Act and are subsequently awarded shall
3 not be returned to the Farm Service Agency until the date
4 specified in the grant agreement.
5 (b) Of the remaining unobligated balances of funds
6 made available under the heading ‘‘Department of Agri-
7 culture—Agricultural Programs—Processing, Research
8 and Marketing—Office of the Secretary’’ in the
9 Coronavirus Aid, Relief, and Economic Security Act (Pub-
10 lic Law 116–136), $1,000,000,000 shall be made available
11 for the same purposes and under the same authorities and
12 conditions as the funds made available under the heading
13 ‘‘Department of Agriculture—Agricultural Programs—
14 Processing, Research and Marketing—Office of the Sec-
15 retary’’ in the Additional Supplemental Appropriations for
16 Disaster Relief Act of 2019 (Public Law 116–20), as of
17 December 19, 2019, and for the purposes specified and
18 under the same authorities and conditions as in the first,
19 second, third, and fourth provisos of subsection (b) of sec-
20 tion 791 of division B of Public Law 116–94.
21 (c) The amounts repurposed pursuant to this section
22 that were previously designated by the Congress as an
23 emergency requirement pursuant to section
25 Deficit Control Act of 1985 are designated by the Con-
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122
1 gress as an emergency requirement pursuant to that sec-
2 tion of that Act.
3 SEC. 799D. For necessary expenses for salary and
4 related costs associated with Agriculture Quarantine and
5 Inspection Services activities pursuant to 21 U.S.C.
6 136a(6), and in addition to any other funds made avail-
7 able for this purpose, there is appropriated, out of any
8 money in the Treasury not otherwise appropriated,
10 2022, to offset the loss resulting from the coronavirus
11 pandemic of quarantine and inspection fees collected pur-
12 suant to sections 2508 and 2509 of the Food, Agriculture,
13 Conservation, and Trade Act of 1990 (21 U.S.C. 136,
14 136a): Provided, That amounts made available in this sec-
15 tion shall be treated as funds collected by fees authorized
16 under sections 2508 and 2509 of the Food, Agriculture,
17 Conservation, and Trade Act of 1990 (21 U.S.C. 136,
18 136a) for purposes of section 421(f) of the Homeland Se-
19 curity Act of 2002 (6 U.S.C. 231(f)): Provided further,
20 That such amount is designated by the Congress as being
21 for an emergency requirement pursuant to section
23 Deficit Control Act of 1985.
December 21, 2020 (12:59 p.m.)

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

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

9 ties of the Department of Commerce provided for by law,
10 to carry out activities associated with facilitating, attract-
11 ing, and retaining business investment in the United
12 States, and for engaging in trade promotional activities
13 abroad, including expenses of grants and cooperative
14 agreements for the purpose of promoting exports of
15 United States firms, without regard to sections 3702 and
16 3703 of title 44, United States Code; full medical coverage
17 for dependent members of immediate families of employees
18 stationed overseas and employees temporarily posted over-
19 seas; travel and transportation of employees of the Inter-
20 national Trade Administration between two points abroad,
21 without regard to section 40118 of title 49, United States
22 Code; employment of citizens of the United States and
23 aliens by contract for services; rental of space abroad for
24 periods not exceeding 10 years, and expenses of alteration,
25 repair, or improvement; purchase or construction of tem-
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125
1 porary demountable exhibition structures for use abroad;
2 payment of tort claims, in the manner authorized in the
3 first paragraph of section 2672 of title 28, United States
4 Code, when such claims arise in foreign countries; not to
5 exceed $294,300 for official representation expenses
6 abroad; purchase of passenger motor vehicles for official
7 use abroad, not to exceed $45,000 per vehicle; obtaining
8 insurance on official motor vehicles; and rental of tie lines,
9 $541,000,000, of which $70,000,000 shall remain avail-
10 able until September 30, 2022: Provided, That
11 $11,000,000 is to be derived from fees to be retained and
12 used by the International Trade Administration, notwith-
13 standing section 3302 of title 31, United States Code: Pro-
14 vided further, That, of amounts provided under this head-
15 ing, not less than $16,400,000 shall be for China anti-
16 dumping and countervailing duty enforcement and compli-
17 ance activities: Provided further, That the provisions of the
18 first sentence of section 105(f) and all of section 108(c)
19 of the Mutual Educational and Cultural Exchange Act of
20 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in car-
21 rying out these activities; and that for the purpose of this
22 Act, contributions under the provisions of the Mutual
23 Educational and Cultural Exchange Act of 1961 shall in-
24 clude payment for assessments for services provided as
25 part of these activities.
December 21, 2020 (12:59 p.m.)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

138
1 $1,532,558,000, to remain available until September 30,
2 2023, except that funds provided for acquisition and con-
3 struction of vessels and aircraft, and construction of facili-
4 ties shall remain available until expended: Provided, That
5 of the $1,545,558,000 provided for in direct obligations
6 under this heading, $1,532,558,000 is appropriated from
7 the general fund and $13,000,000 is provided from recov-
8 eries of prior year obligations: Provided further, That any
9 deviation from the amounts designated for specific activi-
10 ties in the explanatory statement described in section 4
11 (in the matter preceding division A of this consolidated
12 Act), or any use of deobligated balances of funds provided
13 under this heading in previous years, shall be subject to
14 the procedures set forth in section 505 of this Act: Pro-
15 vided further, That the Secretary of Commerce shall in-
16 clude in budget justification materials for fiscal year 2022
17 that the Secretary submits to Congress in support of the
18 Department of Commerce budget (as submitted with the
19 budget of the President under section 1105(a) of title 31,
20 United States Code) an estimate for each National Oce-
21 anic and Atmospheric Administration procurement, acqui-
22 sition or construction project having a total of more than
23 $5,000,000 and simultaneously the budget justification
24 shall include an estimate of the budgetary requirements
25 for each such project for each of the 5 subsequent fiscal
December 21, 2020 (12:59 p.m.)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

11 trust and kindred laws, $184,524,000, to remain available
12 until expended: Provided, That notwithstanding any other
13 provision of law, fees collected for premerger notification
14 filings under the Hart-Scott-Rodino Antitrust Improve-
15 ments Act of 1976 (15 U.S.C. 18a), regardless of the year
16 of collection (and estimated to be $150,000,000 in fiscal
17 year 2021), shall be retained and used for necessary ex-
18 penses in this appropriation, and shall remain available
19 until expended: Provided further, That the sum herein ap-
20 propriated from the general fund shall be reduced as such
21 offsetting collections are received during fiscal year 2021,
22 so as to result in a final fiscal year 2021 appropriation
23 from the general fund estimated at $34,524,000.
December 21, 2020 (12:59 p.m.)

154
1 SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
2 For necessary expenses of the Offices of the United

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

5 for the administration, operation, and maintenance of
6 Federal penal and correctional institutions, and for the
7 provision of technical assistance and advice on corrections
8 related issues to foreign governments, $7,708,375,000, of
9 which not less than $409,483,000 shall be for the pro-
10 grams and activities authorized by the First Step Act of
11 2018 (Public Law 115–391): Provided, That the Attorney
12 General may transfer to the Department of Health and
13 Human Services such amounts as may be necessary for
14 direct expenditures by that Department for medical relief
15 for inmates of Federal penal and correctional institutions:
16 Provided further, That the Director of the Federal Prison
17 System, where necessary, may enter into contracts with
18 a fiscal agent or fiscal intermediary claims processor to
19 determine the amounts payable to persons who, on behalf
20 of the Federal Prison System, furnish health services to
21 individuals committed to the custody of the Federal Prison
22 System: Provided further, That not to exceed $5,400 shall
23 be available for official reception and representation ex-
24 penses: Provided further, That not to exceed $50,000,000
25 shall remain available until expended for necessary oper-
December 21, 2020 (12:59 p.m.)

164
1 ations: Provided further, That, of the amounts provided
2 for contract confinement, not to exceed $20,000,000 shall
3 remain available until expended to make payments in ad-
4 vance for grants, contracts and reimbursable agreements,
5 and other expenses: Provided further, That the Director
6 of the Federal Prison System may accept donated prop-
7 erty and services relating to the operation of the prison
8 card program from a not-for-profit entity which has oper-
9 ated such program in the past, notwithstanding the fact
10 that such not-for-profit entity furnishes services under
11 contracts to the Federal Prison System relating to the op-
12 eration of pre-release services, halfway houses, or other
13 custodial facilities.
15 For planning, acquisition of sites, and construction

16 of new facilities; purchase and acquisition of facilities and
17 remodeling, and equipping of such facilities for penal and
18 correctional use, including all necessary expenses incident
19 thereto, by contract or force account; and constructing,
20 remodeling, and equipping necessary buildings and facili-
21 ties at existing penal and correctional institutions, includ-
22 ing all necessary expenses incident thereto, by contract or
23 force account, $127,000,000, to remain available until ex-
24 pended: Provided, That labor of United States prisoners
25 may be used for work performed under this appropriation.
December 21, 2020 (12:59 p.m.)

165
1 FEDERAL PRISON INDUSTRIES, INCORPORATED
2 The Federal Prison Industries, Incorporated, is here-

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

13 Prison Industries, Incorporated, shall be available for its
14 administrative expenses, and for services as authorized by
15 section 3109 of title 5, United States Code, to be com-
16 puted on an accrual basis to be determined in accordance
17 with the corporation’s current prescribed accounting sys-
18 tem, and such amounts shall be exclusive of depreciation,
19 payment of claims, and expenditures which such account-
20 ing system requires to be capitalized or charged to cost
21 of commodities acquired or produced, including selling and
22 shipping expenses, and expenses in connection with acqui-
23 sition, construction, operation, maintenance, improvement,
24 protection, or disposition of facilities and other property
25 belonging to the corporation or in which it has an interest.
December 21, 2020 (12:59 p.m.)

166
1 STATE AND LOCAL LAW ENFORCEMENT ACTIVITIES
2 OFFICE ON VIOLENCE AGAINST WOMEN
3 VIOLENCE AGAINST WOMEN PREVENTION AND
4 PROSECUTION PROGRAMS
6 For grants, contracts, cooperative agreements, and

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

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

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

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

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

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

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

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

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

174
1 STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

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

175
1 98–473); the Mentally Ill Offender Treatment and Crime
2 Reduction Reauthorization and Improvement Act of 2008
3 (Public Law 110–416); the Violence Against Women Re-
4 authorization Act of 2013 (Public Law 113–4) (‘‘the 2013
5 Act’’); the Comprehensive Addiction and Recovery Act of
6 2016 (Public Law 114–198) (‘‘CARA’’); the Justice for
7 All Reauthorization Act of 2016 (Public Law 114–324);
8 Kevin and Avonte’s Law (division Q of Public Law 115–
9 141) (‘‘Kevin and Avonte’s Law’’); the Keep Young Ath-
10 letes Safe Act of 2018 (title III of division S of Public
11 Law 115–141) (‘‘the Keep Young Athletes Safe Act’’); the
12 STOP School Violence Act of 2018 (title V of division S
13 of Public Law 115–141) (‘‘the STOP School Violence
14 Act’’); the Fix NICS Act of 2018 (title VI of division S
15 of Public Law 115–141); the Project Safe Neighborhoods
16 Grant Program Authorization Act of 2018 (Public Law
17 115–185); the SUPPORT for Patients and Communities
18 Act (Public Law 115–271); the Second Chance Reauthor-
19 ization Act of 2018 (Public Law 115–391); the Matthew
20 Shepard and James Byrd, Jr. Hate Crimes Prevention
21 Act (Public Law 111–84); the Ashanti Alert Act of 2018
22 (Public Law 115–401); and other programs,
23 $1,914,000,000, to remain available until expended as fol-
24 lows—
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176
1 (1) $484,000,000 for the Edward Byrne Memo-
2 rial Justice Assistance Grant program as authorized
3 by subpart 1 of part E of title I of the 1968 Act
4 (except that section 1001(c), and the special rules
5 for Puerto Rico under section 505(g), of title I of
6 the 1968 Act shall not apply for purposes of this
7 Act), of which, notwithstanding such subpart 1—
8 (A) $13,000,000 is for an Officer Robert
9 Wilson III memorial initiative on Preventing Vi-
10 olence Against Law Enforcement and Ensuring
11 Officer Resilience and Survivability (VALOR);
12 (B) $8,000,000 is for an initiative to sup-
13 port evidence-based policing;
14 (C) $8,000,000 is for an initiative to en-
15 hance prosecutorial decision-making;
16 (D) $2,400,000 is for the operation, main-
17 tenance, and expansion of the National Missing
18 and Unidentified Persons System;
19 (E) $7,500,000 is for a grant program for
20 State and local law enforcement to provide offi-
21 cer training on responding to individuals with
22 mental illness or disabilities;
23 (F) $2,000,000 is for a student loan re-
24 payment assistance program pursuant to sec-
25 tion 952 of Public Law 110–315;
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177
1 (G) $15,500,000 is for prison rape preven-
2 tion and prosecution grants to States and units
3 of local government, and other programs, as au-
4 thorized by the Prison Rape Elimination Act of
5 2003 (Public Law 108–79);
6 (H) $3,000,000 is for a grant program au-
7 thorized by Kevin and Avonte’s Law;
8 (I) $4,000,000 is for the establishment of
9 a national center on forensics at an accredited
10 university of higher education with affiliate
11 medical and law schools, in partnership with a
12 co-located full-service State department of fo-
13 rensic science with a medical examiner function;
14 (J) $20,000,000 is for grants authorized
15 under the Project Safe Neighborhoods Grant
16 Authorization Act of 2018 (Public Law 115–
17 185);
18 (K) $7,000,000 is for the Capital Litiga-
19 tion Improvement Grant Program, as author-
20 ized by section 426 of Public Law 108–405,
21 and for grants for wrongful conviction review;
22 (L) $14,000,000 is for community-based
23 violence prevention initiatives;
24 (M) $3,000,000 is for a national center for
25 restorative justice;
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178
1 (N) $1,000,000 is for the purposes of the
2 Ashanti Alert Network as authorized under the
3 Ashanti Alert Act of 2018 (Public Law 115–
4 401);
5 (O) $3,500,000 is for a grant program to
6 replicate family-based alternative sentencing
7 pilot programs;
8 (P) $1,000,000 is for a grant program to
9 support child advocacy training in post-sec-
10 ondary education;
11 (Q) $7,000,000 is for a rural violent crime
12 initiative, including assistance for law enforce-
13 ment;
14 (R) $2,000,000 is for grants to States and
15 units of local government to deploy managed
16 access systems to combat contraband cell phone
17 use in prison; and
18 (S) $2,000,000 is for grants for develop-
19 ment of child-friendly family visitation spaces in
20 correctional facilities;
21 (2) $244,000,000 for the State Criminal Alien
22 Assistance Program, as authorized by section
23 241(i)(5) of the Immigration and Nationality Act (8
24 U.S.C. 1231(i)(5)): Provided, That no jurisdiction
25 shall request compensation for any cost greater than
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179
1 the actual cost for Federal immigration and other
2 detainees housed in State and local detention facili-
3 ties;
4 (3) $85,000,000 for victim services programs
5 for victims of trafficking, as authorized by section
6 107(b)(2) of Public Law 106–386, for programs au-
7 thorized under Public Law 109–164, or programs
8 authorized under Public Law 113–4;
9 (4) $12,000,000 for economic, high technology,
10 white collar, and Internet crime prevention grants,
11 including as authorized by section 401 of Public
12 Law 110–403, of which $2,500,000 is for competi-
13 tive grants that help State and local law enforce-
14 ment tackle intellectual property thefts, and
15 $2,000,000 is for grants to develop databases on
16 Internet of Things device capabilities and to build
17 and execute training modules for law enforcement;
18 (5) $20,000,000 for sex offender management
19 assistance, as authorized by the Adam Walsh Act,
20 and related activities;
21 (6) $30,000,000 for the Patrick Leahy Bullet-
22 proof Vest Partnership Grant Program, as author-
23 ized by section 2501 of title I of the 1968 Act: Pro-
24 vided, That $1,500,000 is transferred directly to the
25 National Institute of Standards and Technology’s
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180
1 Office of Law Enforcement Standards for research,
2 testing, and evaluation programs;
3 (7) $1,000,000 for the National Sex Offender
4 Public Website;
5 (8) $85,000,000 for grants to States to up-
6 grade criminal and mental health records for the
7 National Instant Criminal Background Check Sys-
8 tem, of which no less than $25,000,000 shall be for
9 grants made under the authorities of the NICS Im-
10 provement Amendments Act of 2007 (Public Law
11 110–180) and Fix NICS Act of 2018;
12 (9) $33,000,000 for Paul Coverdell Forensic
13 Sciences Improvement Grants under part BB of title
14 I of the 1968 Act;
15 (10) $141,000,000 for DNA-related and foren-
16 sic programs and activities, of which—
17 (A) $110,000,000 is for the purposes au-
18 thorized under section 2 of the DNA Analysis
19 Backlog Elimination Act of 2000 (Public Law
20 106–546) (the Debbie Smith DNA Backlog
21 Grant Program): Provided, That up to 4 per-
22 cent of funds made available under this para-
23 graph may be used for the purposes described
24 in the DNA Training and Education for Law
25 Enforcement, Correctional Personnel, and
December 21, 2020 (12:59 p.m.)

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

183
1 (A) $83,000,000 for Drug Courts, as au-
2 thorized by section 1001(a)(25)(A) of title I of
3 the 1968 Act;
4 (B) $35,000,000 for mental health courts
5 and adult and juvenile collaboration program
6 grants, as authorized by parts V and HH of
7 title I of the 1968 Act, and the Mentally Ill Of-
8 fender Treatment and Crime Reduction Reau-
9 thorization and Improvement Act of 2008 (Pub-
10 lic Law 110–416);
11 (C) $34,000,000 for grants for Residential
12 Substance Abuse Treatment for State Pris-
13 oners, as authorized by part S of title I of the
14 1968 Act;
15 (D) $25,000,000 for a veterans treatment
16 courts program;
17 (E) $32,000,000 for a program to monitor
18 prescription drugs and scheduled listed chemical
19 products; and
20 (F) $185,000,000 for a comprehensive
21 opioid, stimulant, and substance abuse pro-
22 gram;
23 (16) $2,500,000 for a competitive grant pro-
24 gram authorized by the Keep Young Athletes Safe
25 Act;
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184
1 (17) $79,000,000 for grants to be administered
2 by the Bureau of Justice Assistance for purposes au-
3 thorized under the STOP School Violence Act;
4 (18) $2,000,000 for grants to State and local
5 law enforcement agencies for the expenses associated
6 with the investigation and prosecution of criminal of-
7 fenses, involving civil rights, authorized by the Em-
8 mett Till Unsolved Civil Rights Crimes Reauthoriza-
9 tion Act of 2016 (Public Law 114–325);
10 (19) $5,000,000 for grants to State, local, and
11 Tribal law enforcement agencies to conduct edu-
12 cational outreach and training on hate crimes and to
13 investigate and prosecute hate crimes, as authorized
14 by section 4704 of the Matthew Shepard and James
15 Byrd, Jr. Hate Crimes Prevention Act (Public Law
16 111–84); and
17 (20) $90,000,000 for initiatives to improve po-
18 lice-community relations, of which $35,000,000 is
19 for a competitive matching grant program for pur-
20 chases of body-worn cameras for State, local, and
21 Tribal law enforcement; $33,000,000 is for a justice
22 reinvestment initiative, for activities related to crimi-
23 nal justice reform and recidivism reduction; and
24 $22,000,000 is for an Edward Byrne Memorial
25 criminal justice innovation program:
December 21, 2020 (12:59 p.m.)

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

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

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

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

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

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

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

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

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

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

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

193
1 SEC. 204. Nothing in the preceding section shall re-
2 move the obligation of the Director of the Bureau of Pris-
3 ons to provide escort services necessary for a female in-
4 mate to receive such service outside the Federal facility:
5 Provided, That nothing in this section in any way dimin-
6 ishes the effect of section 203 intended to address the phil-
7 osophical beliefs of individual employees of the Bureau of
8 Prisons.
9 SEC. 205. Not to exceed 5 percent of any appropria-
10 tion made available for the current fiscal year for the De-
11 partment of Justice in this Act may be transferred be-
12 tween such appropriations, but no such appropriation, ex-
13 cept as otherwise specifically provided, shall be increased
14 by more than 10 percent by any such transfers: Provided,
15 That any transfer pursuant to this section shall be treated
16 as a reprogramming of funds under section 505 of this
17 Act and shall not be available for obligation except in com-
18 pliance with the procedures set forth in that section.
19 SEC. 206. None of the funds made available under
20 this title may be used by the Federal Bureau of Prisons
21 or the United States Marshals Service for the purpose of
22 transporting an individual who is a prisoner pursuant to
23 conviction for crime under State or Federal law and is
24 classified as a maximum or high security prisoner, other
25 than to a prison or other facility certified by the Federal
December 21, 2020 (12:59 p.m.)

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

195
1 in this Act and in the explanatory statement described in
2 section 4 (in the matter preceding division A of this con-
3 solidated Act), and to any use of deobligated balances of
4 funds provided under this title in previous years.
5 SEC. 210. None of the funds appropriated by this Act
6 may be used to plan for, begin, continue, finish, process,
7 or approve a public-private competition under the Office
8 of Management and Budget Circular A–76 or any suc-
9 cessor administrative regulation, directive, or policy for
10 work performed by employees of the Bureau of Prisons
11 or of Federal Prison Industries, Incorporated.
13 law, no funds shall be available for the salary, benefits,
14 or expenses of any United States Attorney assigned dual
15 or additional responsibilities by the Attorney General or
16 his designee that exempt that United States Attorney
17 from the residency requirements of section 545 of title 28,
18 United States Code.
19 SEC. 212. At the discretion of the Attorney General,
20 and in addition to any amounts that otherwise may be
21 available (or authorized to be made available) by law, with
22 respect to funds appropriated by this title under the head-
23 ings ‘‘Research, Evaluation and Statistics’’, ‘‘State and
24 Local Law Enforcement Assistance’’, and ‘‘Juvenile Jus-
25 tice Programs’’—
December 21, 2020 (12:59 p.m.)

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

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

198
1 527 note) shall be available for obligation during fiscal
2 year 2021, except up to $12,000,000 may be obligated for
3 implementation of a unified Department of Justice finan-
4 cial management system.
5 (b) Not to exceed $30,000,000 of the unobligated bal-
6 ances transferred to the capital account of the Department
7 of Justice Working Capital Fund pursuant to title I of
8 Public Law 102–140 (105 Stat. 784; 28 U.S.C. 527 note)
9 shall be available for obligation in fiscal year 2021, and
10 any use, obligation, transfer, or allocation of such funds
11 shall be treated as a reprogramming of funds under sec-
12 tion 505 of this Act.
13 (c) Not to exceed $10,000,000 of the excess unobli-
14 gated balances available under section 524(c)(8)(E) of
15 title 28, United States Code, shall be available for obliga-
16 tion during fiscal year 2021, and any use, obligation,
17 transfer or allocation of such funds shall be treated as a
18 reprogramming of funds under section 505 of this Act.
19 SEC. 217. Discretionary funds that are made avail-
20 able in this Act for the Office of Justice Programs may
21 be used to participate in Performance Partnership Pilots
22 authorized under such authorities as have been enacted
23 for Performance Partnership Pilots in appropriations acts
24 in prior fiscal years and the current fiscal year.
December 21, 2020 (12:59 p.m.)

199
1 SEC. 218. Section 1930(a)(6)(B) of title 28, United
2 States Code, shall be applied for this fiscal year and next
3 fiscal year by substituting ‘‘ $300,000,000’’ for ‘‘
4 $200,000,000’’.
5 SEC. 219. Section 527 of title 28, United States
6 Code, is amended in the third sentence by inserting ‘‘: (1)’’
7 before ‘‘the Department’’ and by inserting ‘‘; and (2) fed-
8 erally recognized tribes for supplies, materials, and serv-
9 ices related to access to Federal law enforcement data-
10 bases;’’ after ‘‘and services’’.
11 SEC. 220. Section 1825 of title 28, United States
12 Code, is amended:
13 (a) in subsections (a) and (b) by striking ‘‘United
14 States marshal for the district’’ each place it appears and
15 inserting ‘‘Attorney General’’; and
16 (b) in subsection (c) by striking ‘‘United States mar-
17 shal’’ and inserting ‘‘Attorney General’’.
18 SEC. 221. Section 151 of the Foreign Relations Au-
19 thorization Act, Fiscal Years 1990 and 1991 (Public Law
20 101–246; 5 U.S.C. 5928 note), is amended—
21 (1) by striking ‘‘or’’ after ‘‘Drug Enforcement
22 Administration’’ and inserting ‘‘, the’’; and
23 (2) by inserting ‘‘, or the United States Mar-
24 shals Service’’ after ‘‘Federal Bureau of Investiga-
25 tion’’.
December 21, 2020 (12:59 p.m.)

200
2 to remain available until expended, for an additional
3 amount for ‘‘Department of Justice—General Administra-
4 tion’’, for expenses associated with the development and
5 operation of a database concerning substantiated in-
6 stances of excessive use of force related to law enforcement
7 matters and officer misconduct, as described by, and sub-
8 ject to the requirements of, section 3 of Executive Order
9 13929 (June 16, 2020), as such Executive Order was in
10 effect on the date of the enactment of this Act: Provided,
11 That the Attorney General may transfer the funds pro-
12 vided in this section to other appropriations accounts in
13 the Department of Justice to use for expenses associated
14 with the development and operation of such database: Pro-
15 vided further, That the transfer authority in the preceding
16 proviso is in addition to any other transfer authority con-
17 tained in this Act: Provided further, That any transfer
18 pursuant to the first proviso shall be treated as a re-
19 programming under section 505 of this Act and shall not
20 be available for obligation or expenditure except in compli-
21 ance with the procedures set forth in that section.
22 This title may be cited as the ‘‘Department of Justice
23 Appropriations Act, 2021’’.
December 21, 2020 (12:59 p.m.)

201
1 TITLE III
2 SCIENCE
3 OFFICE OF SCIENCE AND TECHNOLOGY POLICY
4 For necessary expenses of the Office of Science and
5 Technology Policy, in carrying out the purposes of the Na-
6 tional Science and Technology Policy, Organization, and
7 Priorities Act of 1976 (42 U.S.C. 6601 et seq.), hire of
8 passenger motor vehicles, and services as authorized by
9 section 3109 of title 5, United States Code, not to exceed
10 $2,250 for official reception and representation expenses,
11 and rental of conference rooms in the District of Colum-
12 bia, $5,544,000.
13 NATIONAL SPACE COUNCIL
14 For necessary expenses of the National Space Coun-
15 cil, in carrying out the purposes of title V of Public Law
16 100–685 and Executive Order No. 13803, hire of pas-
17 senger motor vehicles, and services as authorized by sec-
18 tion 3109 of title 5, United States Code, not to exceed
19 $2,250 for official reception and representation expenses,
20 $1,965,000: Provided, That notwithstanding any other
21 provision of law, the National Space Council may accept
22 personnel support from Federal agencies, departments,
23 and offices, and such Federal agencies, departments, and
24 offices may detail staff without reimbursement to the Na-
25 tional Space Council for purposes provided herein.
December 21, 2020 (12:59 p.m.)

202
1 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
2 SCIENCE
3 For necessary expenses, not otherwise provided for,

4 in the conduct and support of science research and devel-
5 opment activities, including research, development, oper-
6 ations, support, and services; maintenance and repair, fa-
7 cility planning and design; space flight, spacecraft control,
8 and communications activities; program management; per-
9 sonnel and related costs, including uniforms or allowances
10 therefor, as authorized by sections 5901 and 5902 of title
11 5, United States Code; travel expenses; purchase and hire
12 of passenger motor vehicles; and purchase, lease, charter,
13 maintenance, and operation of mission and administrative
14 aircraft, $7,301,000,000, to remain available until Sep-
15 tember 30, 2022: Provided, That, $2,000,000,000 shall be
16 for Earth Science; $2,700,000,000 shall be for Planetary
17 Science; $1,356,200,000 shall be for Astrophysics;
18 $414,700,000 shall be for the James Webb Space Tele-
19 scope; $751,000,000 shall be for Heliophysics, and
20 $79,100,000 shall be for Biological and Physical Science:
21 Provided further, That the National Aeronautics and
22 Space Administration shall use the Space Launch System
23 (SLS) for the Europa Clipper mission if the SLS is avail-
24 able and if torsional loading analysis has confirmed Clip-
25 per’s appropriateness for SLS: Provided further, That, if
December 21, 2020 (12:59 p.m.)

203
1 the conditions in the preceding proviso cannot be met, the
2 Administrator shall conduct a full and open competition,
3 that is not limited to the launch vehicles listed in the NLS-
4 II contract of the Launch Services Program as of the date
5 of the enactment of this Act, to select a commercial launch
6 vehicle for Europa Clipper.
7 AERONAUTICS

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

23 in the conduct and support of space technology research
24 and development activities, including research, develop-
25 ment, operations, support, and services; maintenance and
December 21, 2020 (12:59 p.m.)

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

21 in the conduct and support of exploration research and
22 development activities, including research, development,
23 operations, support, and services; maintenance and repair,
24 facility planning and design; space flight, spacecraft con-
25 trol, and communications activities; program manage-
December 21, 2020 (12:59 p.m.)

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

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

15 in the conduct and support of space operations research
16 and development activities, including research, develop-
17 ment, operations, support and services; space flight, space-
18 craft control, and communications activities, including op-
19 erations, production, and services; maintenance and re-
20 pair, facility planning and design; program management;
21 personnel and related costs, including uniforms or allow-
22 ances therefor, as authorized by sections 5901 and 5902
23 of title 5, United States Code; travel expenses; purchase
24 and hire of passenger motor vehicles; and purchase, lease,
25 charter, maintenance, and operation of mission and ad-
December 21, 2020 (12:59 p.m.)

207
1 ministrative aircraft, $3,988,200,000, to remain available
3 SCIENCE, TECHNOLOGY, ENGINEERING, AND
4 MATHEMATICS ENGAGEMENT

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

22 in the conduct and support of science, aeronautics, space
23 technology, exploration, space operations and education
24 research and development activities, including research,
25 development, operations, support, and services; mainte-
December 21, 2020 (12:59 p.m.)

208
1 nance and repair, facility planning and design; space
2 flight, spacecraft control, and communications activities;
3 program management; personnel and related costs, includ-
4 ing uniforms or allowances therefor, as authorized by sec-
5 tions 5901 and 5902 of title 5, United States Code; travel
6 expenses; purchase and hire of passenger motor vehicles;
7 not to exceed $63,000 for official reception and represen-
8 tation expenses; and purchase, lease, charter, mainte-
9 nance, and operation of mission and administrative air-
10 craft, $2,936,500,000, to remain available until Sep-
11 tember 30, 2022: Provided, That if available balances in
12 the ‘‘Science, Space, and Technology Education Trust
13 Fund’’ are not sufficient to provide for the grant disburse-
14 ments required under the third and fourth provisos under
15 such heading in the Department of Housing and Urban
16 Development-Independent Agencies Appropriations Act,
17 1989 (Public Law 100–404) as amended by the Depart-
18 ments of Veterans Affairs and Housing and Urban Devel-
19 opment, and Independent Agencies Appropriations Act,
20 1995 (Public Law 103–327) up to $1,000,000 shall be
21 available from amounts made available under this heading
22 to make such grant disbursements.
December 21, 2020 (12:59 p.m.)

209
1 CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND
2 RESTORATION
3 For necessary expenses for construction of facilities

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

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

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

4 shall remain available, without fiscal year limitation, until
5 a prize is claimed or the offer is withdrawn.
6 Not to exceed 5 percent of any appropriation made
7 available for the current fiscal year for the National Aero-
8 nautics and Space Administration in this Act may be
9 transferred between such appropriations, but no such ap-
10 propriation, except as otherwise specifically provided, shall
12 fers. Any funds transferred to ‘‘Construction and Environ-
13 mental Compliance and Restoration’’ for construction ac-
14 tivities shall not increase that account by more than 20
15 percent. Balances so transferred shall be merged with and
16 available for the same purposes and the same time period
17 as the appropriations to which transferred. Any transfer
18 pursuant to this provision shall be treated as a reprogram-
19 ming of funds under section 505 of this Act and shall not
20 be available for obligation except in compliance with the
21 procedures set forth in that section.
22 Not to exceed 5 percent of any appropriation pro-
23 vided for the National Aeronautics and Space Administra-
24 tion under previous appropriations Acts that remains
25 available for obligation or expenditure in fiscal year 2021
December 21, 2020 (12:59 p.m.)

211
1 may be transferred between such appropriations, but no
2 such appropriation, except as otherwise specifically pro-
3 vided, shall be increased by more than 10 percent by any
4 such transfers. Any transfer pursuant to this provision
5 shall retain its original availability and shall be treated
6 as a reprogramming of funds under section 505 of this
7 Act and shall not be available for obligation except in com-
8 pliance with the procedures set forth in that section.
9 The spending plan required by this Act shall be pro-
10 vided by the National Aeronautics and Space Administra-
11 tion at the theme, program, project, and activity level. The
12 spending plan, as well as any subsequent change of an
13 amount established in that spending plan that meets the
14 notification requirements of section 505 of this Act, shall
15 be treated as a reprogramming under section 505 of this
16 Act and shall not be available for obligation or expenditure
17 except in compliance with the procedures set forth in that
18 section.
19 Not more than 40 percent of the amounts made avail-
20 able in this Act for the Gateway; Advanced Cislunar and
21 Surface Capabilities; Commercial LEO Development;
22 Human Landing System; and Lunar Discovery and Explo-
23 ration, excluding the Lunar Reconnaissance Orbiter, may
24 be obligated until the Administrator submits a multi-year
25 plan to the Committees on Appropriations of the House
December 21, 2020 (12:59 p.m.)

212
1 of Representatives and the Senate that identifies esti-
2 mated dates, by fiscal year, for Space Launch System
3 flights to build the Gateway; the commencement of part-
4 nerships with commercial entities for additional LEO mis-
5 sions to land humans and rovers on the Moon; and con-
6 ducting additional scientific activities on the Moon. The
7 multi-year plan shall include key milestones to be met by
8 fiscal year to achieve goals for each of the lunar programs
9 described in the previous sentence and funding required
10 by fiscal year to achieve such milestones, as well as fund-
11 ing provided in fiscal year 2021 and previous years.
12 Of the amounts provided for Exploration Systems
13 Development, $25,000,000 shall be transferred to Con-
14 struction and Environmental Compliance and Restoration
15 (CECR) for Exploration Construction of Facilities con-
16 sistent with direction provided in the explanatory state-
17 ment described in section 4 (in the matter preceding divi-
18 sion A of this consolidated Act). The authority provided
19 by this paragraph is in addition to the authority provided
20 by the second paragraph under this heading.
21 Not more than 20 percent or $50,000,000, whichever
22 is less, of the amounts made available in the current-year
23 CECR appropriation may be applied to CECR projects
24 funded under previous years’ CECR appropriation Acts.
25 Use of current-year funds under this provision shall be
December 21, 2020 (12:59 p.m.)

213
1 treated as a reprogramming of funds under section 505
2 of this act and shall not be available for obligation except
3 in compliance with the procedures set forth in that section.
4 NATIONAL SCIENCE FOUNDATION
5 RESEARCH AND RELATED ACTIVITIES
6 For necessary expenses in carrying out the National

7 Science Foundation Act of 1950 (42 U.S.C. 1861 et seq.),
8 and Public Law 86–209 (42 U.S.C. 1880 et seq.); services
9 as authorized by section 3109 of title 5, United States
10 Code; maintenance and operation of aircraft and purchase
11 of flight services for research support; acquisition of air-
12 craft; and authorized travel; $6,909,769,000, to remain
13 available until September 30, 2022, of which not to exceed
14 $544,000,000 shall remain available until expended for
15 polar research and operations support, and for reimburse-
16 ment to other Federal agencies for operational and science
17 support and logistical and other related activities for the
18 United States Antarctic program: Provided, That receipts
19 for scientific support services and materials furnished by
20 the National Research Centers and other National Science
21 Foundation supported research facilities may be credited
22 to this appropriation.
December 21, 2020 (12:59 p.m.)

214
1 MAJOR RESEARCH EQUIPMENT AND FACILITIES
2 CONSTRUCTION
3 For necessary expenses for the acquisition, construc-

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

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

20 essary in carrying out the National Science Foundation
21 Act of 1950 (42 U.S.C. 1861 et seq.); services authorized
22 by section 3109 of title 5, United States Code; hire of pas-
23 senger motor vehicles; uniforms or allowances therefor, as
24 authorized by sections 5901 and 5902 of title 5, United
25 States Code; rental of conference rooms in the District of
December 21, 2020 (12:59 p.m.)

215
1 Columbia; and reimbursement of the Department of
2 Homeland Security for security guard services;
3 $345,640,000: Provided, That not to exceed $8,280 is for
5 further, That contracts may be entered into under this
6 heading in fiscal year 2021 for maintenance and operation
7 of facilities and for other services to be provided during
8 the next fiscal year.
9 OFFICE OF THE NATIONAL SCIENCE BOARD
10 For necessary expenses (including payment of sala-

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

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

216
1 ADMINISTRATIVE PROVISIONS
3 Not to exceed 5 percent of any appropriation made

4 available for the current fiscal year for the National
5 Science Foundation in this Act may be transferred be-
6 tween such appropriations, but no such appropriation shall
8 fers. Any transfer pursuant to this paragraph shall be
9 treated as a reprogramming of funds under section 505
10 of this Act and shall not be available for obligation except
11 in compliance with the procedures set forth in that section.
12 The Director of the National Science Foundation
13 (NSF) shall notify the Committees on Appropriations of
14 the House of Representatives and the Senate at least 30
15 days in advance of any planned divestment through trans-
16 fer, decommissioning, termination, or deconstruction of
17 any NSF-owned facilities or any NSF capital assets (in-
18 cluding land, structures, and equipment) valued greater
19 than $2,500,000.
20 This title may be cited as the ‘‘Science Appropria-
21 tions Act, 2021’’.
December 21, 2020 (12:59 p.m.)

217
1 TITLE IV
2 RELATED AGENCIES
3 COMMISSION ON CIVIL RIGHTS
5 For necessary expenses of the Commission on Civil

6 Rights, including hire of passenger motor vehicles,
7 $12,500,000: Provided, That none of the funds appro-
8 priated in this paragraph may be used to employ any indi-
9 viduals under Schedule C of subpart C of part 213 of title
10 5 of the Code of Federal Regulations exclusive of one spe-
11 cial assistant for each Commissioner: Provided further,
12 That none of the funds appropriated in this paragraph
13 shall be used to reimburse Commissioners for more than
14 75 billable days, with the exception of the chairperson,
15 who is permitted 125 billable days: Provided further, That
16 the Chair may accept and use any gift or donation to carry
17 out the work of the Commission: Provided further, That
18 none of the funds appropriated in this paragraph shall be
19 used for any activity or expense that is not explicitly au-
20 thorized by section 3 of the Civil Rights Commission Act
21 of 1983 (42 U.S.C. 1975a): Provided further, That not-
22 withstanding the preceding proviso, $500,000 shall be
23 used to separately fund the Commission on the Social Sta-
24 tus of Black Men and Boys.
December 21, 2020 (12:59 p.m.)

218
1 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
3 For necessary expenses of the Equal Employment

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

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

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

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

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

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

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

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

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

22 tive authorized by section 611 of the Trade Facilitation
23 and Trade Enforcement Act of 2015 (19 U.S.C. 4405),
24 including transfers, $15,000,000, to be derived from the
25 Trade Enforcement Trust Fund: Provided, That any
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222
1 transfer pursuant to subsection (d)(1) of such section shall
2 be treated as a reprogramming under section 505 of this
3 Act.
4 STATE JUSTICE INSTITUTE
6 For necessary expenses of the State Justice Institute,

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

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

225
1 SEC. 506. (a) If it has been finally determined by
2 a court or Federal agency that any person intentionally
3 affixed a label bearing a ‘‘Made in America’’ inscription,
4 or any inscription with the same meaning, to any product
5 sold in or shipped to the United States that is not made
6 in the United States, the person shall be ineligible to re-
7 ceive any contract or subcontract made with funds made
8 available in this Act, pursuant to the debarment, suspen-
9 sion, and ineligibility procedures described in sections
10 9.400 through 9.409 of title 48, Code of Federal Regula-
11 tions.
12 (b)(1) To the extent practicable, with respect to au-
13 thorized purchases of promotional items, funds made
14 available by this Act shall be used to purchase items that
15 are manufactured, produced, or assembled in the United
16 States, its territories or possessions.
17 (2) The term ‘‘promotional items’’ has the meaning
18 given the term in OMB Circular A–87, Attachment B,
19 Item (1)(f)(3).
20 SEC. 507. (a) The Departments of Commerce and
21 Justice, the National Science Foundation, and the Na-
22 tional Aeronautics and Space Administration shall provide
24 resentatives and the Senate a quarterly report on the sta-
25 tus of balances of appropriations at the account level. For
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226
1 unobligated, uncommitted balances and unobligated, com-
2 mitted balances the quarterly reports shall separately
3 identify the amounts attributable to each source year of
4 appropriation from which the balances were derived. For
5 balances that are obligated, but unexpended, the quarterly
6 reports shall separately identify amounts by the year of
7 obligation.
8 (b) The report described in subsection (a) shall be
9 submitted within 30 days of the end of each quarter.
10 (c) If a department or agency is unable to fulfill any
11 aspect of a reporting requirement described in subsection
12 (a) due to a limitation of a current accounting system,
13 the department or agency shall fulfill such aspect to the
14 maximum extent practicable under such accounting sys-
15 tem and shall identify and describe in each quarterly re-
16 port the extent to which such aspect is not fulfilled.
17 SEC. 508. Any costs incurred by a department or
18 agency funded under this Act resulting from, or to pre-
19 vent, personnel actions taken in response to funding re-
20 ductions included in this Act shall be absorbed within the
21 total budgetary resources available to such department or
22 agency: Provided, That the authority to transfer funds be-
23 tween appropriations accounts as may be necessary to
24 carry out this section is provided in addition to authorities
25 included elsewhere in this Act: Provided further, That use
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227
1 of funds to carry out this section shall be treated as a
2 reprogramming of funds under section 505 of this Act and
3 shall not be available for obligation or expenditure except
4 in compliance with the procedures set forth in that section:
5 Provided further, That for the Department of Commerce,
6 this section shall also apply to actions taken for the care
7 and protection of loan collateral or grant property.
8 SEC. 509. None of the funds provided by this Act
9 shall be available to promote the sale or export of tobacco
10 or tobacco products, or to seek the reduction or removal
11 by any foreign country of restrictions on the marketing
12 of tobacco or tobacco products, except for restrictions
13 which are not applied equally to all tobacco or tobacco
14 products of the same type.
16 law, amounts deposited or available in the Fund estab-
17 lished by section 1402 of chapter XIV of title II of Public
18 Law 98–473 (34 U.S.C. 20101) in any fiscal year in ex-
19 cess of $2,015,000,000 shall not be available for obligation
20 until the following fiscal year: Provided, That notwith-
21 standing section 1402(d) of such Act, of the amounts
22 available from the Fund for obligation: (1) $10,000,000
23 shall be transferred to the Department of Justice Office
24 of Inspector General and remain available until expended
25 for oversight and auditing purposes associated with this
December 21, 2020 (12:59 p.m.)

228
1 section; and (2) 5 percent shall be available to the Office
2 for Victims of Crime for grants, consistent with the re-
3 quirements of the Victims of Crime Act, to Indian Tribes
4 to improve services for victims of crime.
5 SEC. 511. None of the funds made available to the
6 Department of Justice in this Act may be used to discrimi-
7 nate against or denigrate the religious or moral beliefs of
8 students who participate in programs for which financial
9 assistance is provided from those funds, or of the parents
10 or legal guardians of such students.
11 SEC. 512. None of the funds made available in this
12 Act may be transferred to any department, agency, or in-
13 strumentality of the United States Government, except
14 pursuant to a transfer made by, or transfer authority pro-
15 vided in, this Act or any other appropriations Act.
16 SEC. 513. (a) The Inspectors General of the Depart-
17 ment of Commerce, the Department of Justice, the Na-
18 tional Aeronautics and Space Administration, the Na-
19 tional Science Foundation, and the Legal Services Cor-
20 poration shall conduct audits, pursuant to the Inspector
21 General Act (5 U.S.C. App.), of grants or contracts for
22 which funds are appropriated by this Act, and shall submit
23 reports to Congress on the progress of such audits, which
24 may include preliminary findings and a description of
25 areas of particular interest, within 180 days after initi-
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229
1 ating such an audit and every 180 days thereafter until
2 any such audit is completed.
3 (b) Within 60 days after the date on which an audit
4 described in subsection (a) by an Inspector General is
5 completed, the Secretary, Attorney General, Adminis-
6 trator, Director, or President, as appropriate, shall make
7 the results of the audit available to the public on the Inter-
8 net website maintained by the Department, Administra-
9 tion, Foundation, or Corporation, respectively. The results
10 shall be made available in redacted form to exclude—
11 (1) any matter described in section 552(b) of
12 title 5, United States Code; and
13 (2) sensitive personal information for any indi-
14 vidual, the public access to which could be used to
15 commit identity theft or for other inappropriate or
16 unlawful purposes.
17 (c) Any person awarded a grant or contract funded
18 by amounts appropriated by this Act shall submit a state-
19 ment to the Secretary of Commerce, the Attorney General,
20 the Administrator, Director, or President, as appropriate,
21 certifying that no funds derived from the grant or contract
22 will be made available through a subcontract or in any
23 other manner to another person who has a financial inter-
24 est in the person awarded the grant or contract.
December 21, 2020 (12:59 p.m.)

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

231
1 moderate-impact information systems within the
2 Federal Government;
3 (2) reviewed the supply chain risk from the pre-
4 sumptive awardee against available and relevant
5 threat information provided by the FBI and other
6 appropriate agencies; and
7 (3) in consultation with the FBI or other ap-
8 propriate Federal entity, conducted an assessment of
9 any risk of cyber-espionage or sabotage associated
10 with the acquisition of such system, including any
11 risk associated with such system being produced,
12 manufactured, or assembled by one or more entities
13 identified by the United States Government as pos-
14 ing a cyber threat, including but not limited to,
15 those that may be owned, directed, or subsidized by
16 the People’s Republic of China, the Islamic Republic
17 of Iran, the Democratic People’s Republic of Korea,
18 or the Russian Federation.
19 (b) None of the funds appropriated or otherwise
20 made available under this Act may be used to acquire a
21 high-impact or moderate-impact information system re-
22 viewed and assessed under subsection (a) unless the head
23 of the assessing entity described in subsection (a) has—
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232
1 (1) developed, in consultation with NIST, the
2 FBI, and supply chain risk management experts, a
3 mitigation strategy for any identified risks;
4 (2) determined, in consultation with NIST and
5 the FBI, that the acquisition of such system is in
6 the national interest of the United States; and
7 (3) reported that determination to the Commit-
8 tees on Appropriations of the House of Representa-
9 tives and the Senate and the agency Inspector Gen-
10 eral.
12 Act shall be used in any way whatsoever to support or
13 justify the use of torture by any official or contract em-
14 ployee of the United States Government.
16 Act may be used to include in any new bilateral or multi-
17 lateral trade agreement the text of—
18 (1) paragraph 2 of article 16.7 of the United
19 States–Singapore Free Trade Agreement;
21 States–Australia Free Trade Agreement; or
23 States–Morocco Free Trade Agreement.
25 Act may be used to authorize or issue a national security
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233
1 letter in contravention of any of the following laws author-
2 izing the Federal Bureau of Investigation to issue national
3 security letters: The Right to Financial Privacy Act of
4 1978; The Electronic Communications Privacy Act of
5 1986; The Fair Credit Reporting Act; The National Secu-
6 rity Act of 1947; USA PATRIOT Act; USA FREEDOM
7 Act of 2015; and the laws amended by these Acts.
8 SEC. 518. If at any time during any quarter, the pro-
9 gram manager of a project within the jurisdiction of the
10 Departments of Commerce or Justice, the National Aero-
11 nautics and Space Administration, or the National Science
12 Foundation totaling more than $75,000,000 has reason-
13 able cause to believe that the total program cost has in-
14 creased by 10 percent or more, the program manager shall
15 immediately inform the respective Secretary, Adminis-
16 trator, or Director. The Secretary, Administrator, or Di-
17 rector shall notify the House and Senate Committees on
18 Appropriations within 30 days in writing of such increase,
19 and shall include in such notice: the date on which such
20 determination was made; a statement of the reasons for
21 such increases; the action taken and proposed to be taken
22 to control future cost growth of the project; changes made
23 in the performance or schedule milestones and the degree
24 to which such changes have contributed to the increase
25 in total program costs or procurement costs; new esti-
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234
1 mates of the total project or procurement costs; and a
2 statement validating that the project’s management struc-
3 ture is adequate to control total project or procurement
4 costs.
5 SEC. 519. Funds appropriated by this Act, or made
6 available by the transfer of funds in this Act, for intel-
7 ligence or intelligence related activities are deemed to be
8 specifically authorized by the Congress for purposes of sec-
9 tion 504 of the National Security Act of 1947 (50 U.S.C.
10 3094) during fiscal year 2021 until the enactment of the
11 Intelligence Authorization Act for fiscal year 2021.
13 wise made available by this Act may be used to enter into
14 a contract in an amount greater than $5,000,000 or to
15 award a grant in excess of such amount unless the pro-
16 spective contractor or grantee certifies in writing to the
17 agency awarding the contract or grant that, to the best
18 of its knowledge and belief, the contractor or grantee has
19 filed all Federal tax returns required during the three
20 years preceding the certification, has not been convicted
21 of a criminal offense under the Internal Revenue Code of
22 1986, and has not, more than 90 days prior to certifi-
23 cation, been notified of any unpaid Federal tax assessment
24 for which the liability remains unsatisfied, unless the as-
25 sessment is the subject of an installment agreement or
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235
1 offer in compromise that has been approved by the Inter-
2 nal Revenue Service and is not in default, or the assess-
3 ment is the subject of a non-frivolous administrative or
4 judicial proceeding.
5 (RESCISSIONS)
6 SEC. 521. (a) Of the unobligated balances from prior

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

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

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

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

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

240
1 the purpose of the activity, its agenda, its major partici-
2 pants, and its location and timing.
3 SEC. 527. (a) None of the funds made available in
4 this Act may be used to maintain or establish a computer
5 network unless such network blocks the viewing,
6 downloading, and exchanging of pornography.
7 (b) Nothing in subsection (a) shall limit the use of
8 funds necessary for any Federal, State, Tribal, or local
9 law enforcement agency or any other entity carrying out
10 criminal investigations, prosecution, adjudication, or other
11 law enforcement- or victim assistance-related activity.
12 SEC. 528. The Departments of Commerce and Jus-
13 tice, the National Aeronautics and Space Administration,
14 the National Science Foundation, the Commission on Civil
15 Rights, the Equal Employment Opportunity Commission,
16 the International Trade Commission, the Legal Services
17 Corporation, the Marine Mammal Commission, the Offices
18 of Science and Technology Policy and the United States
19 Trade Representative, the National Space Council, and
20 the State Justice Institute shall submit spending plans,
21 signed by the respective department or agency head, to
22 the Committees on Appropriations of the House of Rep-
23 resentatives and the Senate not later than 45 days after
24 the date of enactment of this Act.
December 21, 2020 (12:59 p.m.)

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

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

243
1 Public Works and Economic Development Act of 1965 and
2 grants authorized by section 27 of the Stevenson-Wydler
3 Technology Innovation Act of 1980 (15 U.S.C. 3722) shall
4 be allocated for assistance in persistent poverty counties:
5 Provided, That for purposes of this section, the term ‘‘per-
6 sistent poverty counties’’ means any county that has had
7 20 percent or more of its population living in poverty over
8 the past 30 years, as measured by the 1990 and 2000
9 decennial censuses and the most recent Small Area In-
10 come and Poverty Estimates, or any Territory or posses-
11 sion of the United States.
13 wise made available in this or any other Act may be used
14 to transfer, release, or assist in the transfer or release to
15 or within the United States, its territories, or possessions
16 Khalid Sheikh Mohammed or any other detainee who—
17 (1) is not a United States citizen or a member
18 of the Armed Forces of the United States; and
19 (2) is or was held on or after June 24, 2009,
20 at the United States Naval Station, Guantanamo
21 Bay, Cuba, by the Department of Defense.
22 SEC. 536. (a) None of the funds appropriated or oth-
23 erwise made available in this or any other Act may be used
24 to construct, acquire, or modify any facility in the United
25 States, its territories, or possessions to house any indi-
December 21, 2020 (12:59 p.m.)

244
1 vidual described in subsection (c) for the purposes of de-
2 tention or imprisonment in the custody or under the effec-
3 tive control of the Department of Defense.
4 (b) The prohibition in subsection (a) shall not apply
5 to any modification of facilities at United States Naval
6 Station, Guantanamo Bay, Cuba.
7 (c) An individual described in this subsection is any
8 individual who, as of June 24, 2009, is located at United
9 States Naval Station, Guantanamo Bay, Cuba, and who—
10 (1) is not a citizen of the United States or a
11 member of the Armed Forces of the United States;
12 and
13 (2) is—
14 (A) in the custody or under the effective
15 control of the Department of Defense; or
16 (B) otherwise under detention at United
17 States Naval Station, Guantanamo Bay, Cuba.
18 SEC. 537. (a) Notwithstanding any other provision
19 of law or treaty, none of the funds appropriated or other-
20 wise made available under this Act or any other Act may
21 be expended or obligated by a department, agency, or in-
22 strumentality of the United States to pay administrative
23 expenses or to compensate an officer or employee of the
24 United States in connection with requiring an export li-
25 cense for the export to Canada of components, parts, ac-
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245
1 cessories or attachments for firearms listed in Category
2 I, section 121.1 of title 22, Code of Federal Regulations
3 (International Trafficking in Arms Regulations (ITAR),
4 part 121, as it existed on April 1, 2005) with a total value
5 not exceeding $500 wholesale in any transaction, provided
6 that the conditions of subsection (b) of this section are
7 met by the exporting party for such articles.
8 (b) The foregoing exemption from obtaining an ex-
9 port license—
10 (1) does not exempt an exporter from filing any
11 Shipper’s Export Declaration or notification letter
12 required by law, or from being otherwise eligible
13 under the laws of the United States to possess, ship,
14 transport, or export the articles enumerated in sub-
15 section (a); and
16 (2) does not permit the export without a license
17 of—
18 (A) fully automatic firearms and compo-
19 nents and parts for such firearms, other than
20 for end use by the Federal Government, or a
21 Provincial or Municipal Government of Canada;
22 (B) barrels, cylinders, receivers (frames) or
23 complete breech mechanisms for any firearm
24 listed in Category I, other than for end use by
December 21, 2020 (12:59 p.m.)

246
1 the Federal Government, or a Provincial or Mu-
2 nicipal Government of Canada; or
3 (C) articles for export from Canada to an-
4 other foreign destination.
5 (c) In accordance with this section, the District Di-
6 rectors of Customs and postmasters shall permit the per-
7 manent or temporary export without a license of any un-
8 classified articles specified in subsection (a) to Canada for
9 end use in Canada or return to the United States, or tem-
10 porary import of Canadian-origin items from Canada for
11 end use in the United States or return to Canada for a
12 Canadian citizen.
13 (d) The President may require export licenses under
14 this section on a temporary basis if the President deter-
15 mines, upon publication first in the Federal Register, that
16 the Government of Canada has implemented or main-
17 tained inadequate import controls for the articles specified
18 in subsection (a), such that a significant diversion of such
19 articles has and continues to take place for use in inter-
20 national terrorism or in the escalation of a conflict in an-
21 other nation. The President shall terminate the require-
22 ments of a license when reasons for the temporary require-
23 ments have ceased.
25 law, no department, agency, or instrumentality of the
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247
1 United States receiving appropriated funds under this Act
2 or any other Act shall obligate or expend in any way such
3 funds to pay administrative expenses or the compensation
4 of any officer or employee of the United States to deny
5 any application submitted pursuant to 22 U.S.C.
6 2778(b)(1)(B) and qualified pursuant to 27 CFR section
7 478.112 or .113, for a permit to import United States ori-
8 gin ‘‘curios or relics’’ firearms, parts, or ammunition.
10 Act may be used to pay the salaries or expenses of per-
11 sonnel to deny, or fail to act on, an application for the
12 importation of any model of shotgun if—
13 (1) all other requirements of law with respect to
14 the proposed importation are met; and
15 (2) no application for the importation of such
16 model of shotgun, in the same configuration, had
17 been denied by the Attorney General prior to Janu-
18 ary 1, 2011, on the basis that the shotgun was not
19 particularly suitable for or readily adaptable to
20 sporting purposes.
22 Act may be obligated or expended to implement the Arms
23 Trade Treaty until the Senate approves a resolution of
24 ratification for the Treaty.
December 21, 2020 (12:59 p.m.)

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

249
1 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer-
2 gency Deficit Control Act of 1985.
3 SEC. 543. For an additional amount for ‘‘Federal
4 Prison System, Salaries and Expenses’’, $300,000,000, to
5 remain available until September 30, 2022, to prevent,
6 prepare for, and respond to coronavirus, domestically or
7 internationally, including the impact of coronavirus on the
8 work of the Department of Justice: Provided, That such
9 amount is designated by the Congress as being for an
10 emergency requirement pursuant to section
13 This division may be cited as the ‘‘Commerce, Jus-
14 tice, Science, and Related Agencies Appropriations Act,
15 2021’’.
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250
1 DIVISION C—DEPARTMENT OF DEFENSE
3 TITLE I
4 MILITARY PERSONNEL
5 MILITARY PERSONNEL, ARMY
6 For pay, allowances, individual clothing, subsistence,
7 interest on deposits, gratuities, permanent change of sta-
8 tion travel (including all expenses thereof for organiza-
9 tional movements), and expenses of temporary duty travel
10 between permanent duty stations, for members of the
11 Army on active duty (except members of reserve compo-
12 nents provided for elsewhere), cadets, and aviation cadets;
13 for members of the Reserve Officers’ Training Corps; and
14 for payments pursuant to section 156 of Public Law 97–
15 377, as amended (42 U.S.C. 402 note), and to the Depart-
16 ment of Defense Military Retirement Fund,
17 $44,861,853,000.
18 MILITARY PERSONNEL, NAVY
23 between permanent duty stations, for members of the
24 Navy on active duty (except members of the Reserve pro-
25 vided for elsewhere), midshipmen, and aviation cadets; for
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251
1 members of the Reserve Officers’ Training Corps; and for
2 payments pursuant to section 156 of Public Law 97–377,
3 as amended (42 U.S.C. 402 note), and to the Department
4 of Defense Military Retirement Fund, $33,764,579,000.
5 MILITARY PERSONNEL, MARINE CORPS
10 between permanent duty stations, for members of the Ma-
11 rine Corps on active duty (except members of the Reserve
12 provided for elsewhere); and for payments pursuant to sec-
13 tion 156 of Public Law 97–377, as amended (42 U.S.C.
14 402 note), and to the Department of Defense Military Re-
15 tirement Fund, $14,557,436,000.
16 MILITARY PERSONNEL, AIR FORCE
21 between permanent duty stations, for members of the Air
22 Force on active duty (except members of reserve compo-
23 nents provided for elsewhere), cadets, and aviation cadets;
24 for members of the Reserve Officers’ Training Corps; and
25 for payments pursuant to section 156 of Public Law 97–
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252
1 377, as amended (42 U.S.C. 402 note), and to the Depart-
3 $32,784,171,000.
4 RESERVE PERSONNEL, ARMY
5 For pay, allowances, clothing, subsistence, gratuities,
6 travel, and related expenses for personnel of the Army Re-
7 serve on active duty under sections 10211, 10302, and
8 7038 of title 10, United States Code, or while serving on
9 active duty under section 12301(d) of title 10, United
10 States Code, in connection with performing duty specified
11 in section 12310(a) of title 10, United States Code, or
12 while undergoing reserve training, or while performing
13 drills or equivalent duty or other duty, and expenses au-
14 thorized by section 16131 of title 10, United States Code;
15 and for payments to the Department of Defense Military
16 Retirement Fund, $5,037,119,000.
17 RESERVE PERSONNEL, NAVY
19 travel, and related expenses for personnel of the Navy Re-
20 serve on active duty under section 10211 of title 10,
21 United States Code, or while serving on active duty under
22 section 12301(d) of title 10, United States Code, in con-
23 nection with performing duty specified in section 12310(a)
24 of title 10, United States Code, or while undergoing re-
25 serve training, or while performing drills or equivalent
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253
1 duty, and expenses authorized by section 16131 of title
2 10, United States Code; and for payments to the Depart-
4 $2,200,600,000.
5 RESERVE PERSONNEL, MARINE CORPS
7 travel, and related expenses for personnel of the Marine
8 Corps Reserve on active duty under section 10211 of title
9 10, United States Code, or while serving on active duty
10 under section 12301(d) of title 10, United States Code,
11 in connection with performing duty specified in section
12 12310(a) of title 10, United States Code, or while under-
13 going reserve training, or while performing drills or equiv-
14 alent duty, and for members of the Marine Corps platoon
15 leaders class, and expenses authorized by section 16131
16 of title 10, United States Code; and for payments to the
17 Department of Defense Military Retirement Fund,
18 $843,564,000.
19 RESERVE PERSONNEL, AIR FORCE
21 travel, and related expenses for personnel of the Air Force
22 Reserve on active duty under sections 10211, 10305, and
23 8038 of title 10, United States Code, or while serving on
24 active duty under section 12301(d) of title 10, United
December 21, 2020 (12:59 p.m.)

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

255
1 Code, or while serving on duty under section 12301(d) of
2 title 10 or section 502(f) of title 32, United States Code,
3 in connection with performing duty specified in section
4 12310(a) of title 10, United States Code, or while under-
5 going training, or while performing drills or equivalent
6 duty or other duty, and expenses authorized by section
7 16131 of title 10, United States Code; and for payments
8 to the Department of Defense Military Retirement Fund,
9 $4,530,091,000.
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256
1 TITLE II
2 OPERATION AND MAINTENANCE
3 OPERATION AND MAINTENANCE, ARMY
4 For expenses, not otherwise provided for, necessary
5 for the operation and maintenance of the Army, as author-
6 ized by law, $38,418,982,000: Provided, That not to ex-
7 ceed $12,478,000 may be used for emergencies and ex-
8 traordinary expenses, to be expended upon the approval
9 or authority of the Secretary of the Army, and payments
10 may be made upon his certificate of necessity for confiden-
11 tial military purposes.
12 OPERATION AND MAINTENANCE, NAVY
14 for the operation and maintenance of the Navy and the
15 Marine Corps, as authorized by law, $47,632,527,000:
16 Provided, That not to exceed $15,055,000 may be used
17 for emergencies and extraordinary expenses, to be ex-
18 pended upon the approval or authority of the Secretary
19 of the Navy, and payments may be made upon his certifi-
20 cate of necessity for confidential military purposes.
21 OPERATION AND MAINTENANCE, MARINE CORPS
23 for the operation and maintenance of the Marine Corps,
24 as authorized by law, $7,286,184,000.
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257
1 OPERATION AND MAINTENANCE, AIR FORCE
3 for the operation and maintenance of the Air Force, as
4 authorized by law, $33,528,409,000: Provided, That not
5 to exceed $7,699,000 may be used for emergencies and
6 extraordinary expenses, to be expended upon the approval
7 or authority of the Secretary of the Air Force, and pay-
8 ments may be made upon his certificate of necessity for
9 confidential military purposes.
10 OPERATION AND MAINTENANCE, SPACE FORCE
12 for the operation and maintenance of the Space Force, as
13 authorized by law, $2,492,114,000.
14 OPERATION AND MAINTENANCE, DEFENSE-WIDE

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

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

259
1 ther, That of the funds provided under this heading,
2 $656,140,000, of which $434,630,000, to remain available
3 until September 30, 2022, shall be available for Inter-
4 national Security Cooperation Programs and other pro-
5 grams to provide support and assistance to foreign secu-
6 rity forces or other groups or individuals to conduct, sup-
7 port or facilitate counterterrorism, crisis response, or
8 building partner capacity programs: Provided further,
9 That the Secretary of Defense shall, not less than 15 days
10 prior to obligating funds made available in this section for
11 International Security Cooperation Programs, notify the
12 congressional defense committees in writing of the details
13 of any such obligation: Provided further, That the Sec-
14 retary of Defense shall provide quarterly reports to the
15 Committees on Appropriations of the House of Represent-
16 atives and the Senate on the use and status of funds made
17 available in this paragraph: Provided further, That the
18 transfer authority provided under this heading is in addi-
19 tion to any other transfer authority provided elsewhere in
20 this Act.
21 OPERATION AND MAINTENANCE, ARMY RESERVE
23 for the operation and maintenance, including training, or-
24 ganization, and administration, of the Army Reserve; re-
25 pair of facilities and equipment; hire of passenger motor
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260
1 vehicles; travel and transportation; care of the dead; re-
2 cruiting; procurement of services, supplies, and equip-
3 ment; and communications, $2,887,898,000.
4 OPERATION AND MAINTENANCE, NAVY RESERVE
7 ganization, and administration, of the Navy Reserve; re-
8 pair of facilities and equipment; hire of passenger motor
12 OPERATION AND MAINTENANCE, MARINE CORPS
13 RESERVE
16 ganization, and administration, of the Marine Corps Re-
17 serve; repair of facilities and equipment; hire of passenger
18 motor vehicles; travel and transportation; care of the dead;
19 recruiting; procurement of services, supplies, and equip-
20 ment; and communications, $283,494,000.
21 OPERATION AND MAINTENANCE, AIR FORCE RESERVE
24 ganization, and administration, of the Air Force Reserve;
25 repair of facilities and equipment; hire of passenger motor
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261
4 OPERATION AND MAINTENANCE, ARMY NATIONAL
5 GUARD
6 For expenses of training, organizing, and admin-
7 istering the Army National Guard, including medical and
8 hospital treatment and related expenses in non-Federal
9 hospitals; maintenance, operation, and repairs to struc-
10 tures and facilities; hire of passenger motor vehicles; per-
11 sonnel services in the National Guard Bureau; travel ex-
12 penses (other than mileage), as authorized by law for
13 Army personnel on active duty, for Army National Guard
14 division, regimental, and battalion commanders while in-
15 specting units in compliance with National Guard Bureau
16 regulations when specifically authorized by the Chief, Na-
17 tional Guard Bureau; supplying and equipping the Army
18 National Guard as authorized by law; and expenses of re-
19 pair, modification, maintenance, and issue of supplies and
20 equipment (including aircraft), $7,350,837,000.
21 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD
22 For expenses of training, organizing, and admin-
23 istering the Air National Guard, including medical and
24 hospital treatment and related expenses in non-Federal
25 hospitals; maintenance, operation, and repairs to struc-
December 21, 2020 (12:59 p.m.)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

273
1 SHIPBUILDING AND CONVERSION, NAVY
2 For expenses necessary for the construction, acquisi-
3 tion, or conversion of vessels as authorized by law, includ-
4 ing armor and armament thereof, plant equipment, appli-
5 ances, and machine tools and installation thereof in public
6 and private plants; reserve plant and Government and con-
7 tractor-owned equipment layaway; procurement of critical,
8 long lead time components and designs for vessels to be
9 constructed or converted in the future; and expansion of
10 public and private plants, including land necessary there-
11 for, and such lands and interests therein, may be acquired,
13 title, as follows:
14 Columbia Class Submarine, $2,869,024,000;
15 Columbia Class Submarine (AP),
16 $1,253,175,000;
17 Carrier Replacement Program (CVN–80),
18 $958,933,000;
19 Carrier Replacement Program (CVN–81),
20 $1,606,432,000;
21 Virginia Class Submarine, $4,603,213,000;
22 Virginia Class Submarine (AP),
23 $2,173,187,000;
24 CVN Refueling Overhauls, $1,531,153,000;
25 CVN Refueling Overhauls (AP), $17,384,000;
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274
1 DDG–1000 Program, $78,205,000;
2 DDG–51 Destroyer, $3,219,843,000;
3 DDG–51 Destroyer (AP), $159,297,000;
4 FFG–Frigate, $1,053,123,000;
5 LPD Flight II, $1,125,801,000;
6 LPD 32 (AP), $1,000,000;
7 LPD 33 (AP), $1,000,000;
8 Expeditionary Sea Base (AP), $73,000,000;
9 LHA Replacement, $500,000,000;
10 Expeditionary Fast Transport, $260,000,000;
11 TAO Fleet Oiler, $20,000,000;
12 Towing, Salvage, and Rescue Ship,
13 $157,790,000;
14 LCU 1700, $87,395,000;
15 Service Craft, $244,147,000;
16 LCAC SLEP, $56,461,000;
17 Auxiliary Vessels, $60,000,000;
18 For outfitting, post delivery, conversions, and
19 first destination transportation, $752,005,000; and
20 Completion of Prior Year Shipbuilding Pro-
21 grams, $407,312,000.
22 In all: $23,268,880,000, to remain available for obli-
23 gation until September 30, 2025: Provided, That addi-
24 tional obligations may be incurred after September 30,
25 2025, for engineering services, tests, evaluations, and
December 21, 2020 (12:59 p.m.)

275
1 other such budgeted work that must be performed in the
2 final stage of ship construction: Provided further, That
3 none of the funds provided under this heading for the con-
4 struction or conversion of any naval vessel to be con-
5 structed in shipyards in the United States shall be ex-
6 pended in foreign facilities for the construction of major
7 components of such vessel: Provided further, That none
8 of the funds provided under this heading shall be used
9 for the construction of any naval vessel in foreign ship-
10 yards: Provided further, That funds appropriated or other-
11 wise made available by this Act for Columbia Class Sub-
12 marine (AP) may be available for the purposes authorized
13 by subsections (f), (g), (h) or (i) of section 2218a of title
14 10, United States Code, only in accordance with the provi-
15 sions of the applicable subsection.
16 OTHER PROCUREMENT, NAVY
17 For procurement, production, and modernization of
18 support equipment and materials not otherwise provided
19 for, Navy ordnance (except ordnance for new aircraft, new
20 ships, and ships authorized for conversion); the purchase
21 of passenger motor vehicles for replacement only; expan-
22 sion of public and private plants, including the land nec-
23 essary therefor, and such lands and interests therein, may
24 be acquired, and construction prosecuted thereon prior to
25 approval of title; and procurement and installation of
December 21, 2020 (12:59 p.m.)

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

279
1 ment-owned equipment and installation thereof in such
2 plants, erection of structures, and acquisition of land, for
5 thereon, prior to approval of title; reserve plant and Gov-
6 ernment and contractor-owned equipment layaway,
9 PROCUREMENT, SPACE FORCE
11 spacecraft, rockets, and related equipment, including
12 spare parts and accessories therefor; ground handling
13 equipment, and training devices; expansion of public and
14 private plants, Government-owned equipment and installa-
15 tion thereof in such plants, erection of structures, and ac-
16 quisition of land, for the foregoing purposes, and such
18 struction prosecuted thereon prior to approval of title; re-
19 serve plant and Government and contractor-owned equip-
20 ment layaway; and other expenses necessary for the fore-
21 going purposes including rents and transportation of
22 things, $2,310,994,000, to remain available for obligation
December 21, 2020 (12:59 p.m.)

280
1 PROCUREMENT, DEFENSE-WIDE
2 For expenses of activities and agencies of the Depart-
3 ment of Defense (other than the military departments)
4 necessary for procurement, production, and modification
5 of equipment, supplies, materials, and spare parts there-
6 for, not otherwise provided for; the purchase of passenger
7 motor vehicles for replacement only; expansion of public
8 and private plants, equipment, and installation thereof in
9 such plants, erection of structures, and acquisition of land
10 for the foregoing purposes, and such lands and interests
12 thereon prior to approval of title; reserve plant and Gov-
13 ernment and contractor-owned equipment layaway,
16 DEFENSE PRODUCTION ACT PURCHASES
17 For activities by the Department of Defense pursuant
18 to sections 108, 301, 302, and 303 of the Defense Produc-
19 tion Act of 1950 (50 U.S.C. 4518, 4531, 4532, and 4533),
21 vided, That no less than $60,000,000 of the funds pro-
22 vided under this heading shall be obligated and expended
23 by the Secretary of Defense in behalf of the Department
24 of Defense as if delegated the necessary authorities con-
25 ferred by the Defense Production Act of 1950.
December 21, 2020 (12:59 p.m.)

281
1 TITLE IV
2 RESEARCH, DEVELOPMENT, TEST AND
3 EVALUATION
4 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
5 ARMY
6 For expenses necessary for basic and applied sci-
7 entific research, development, test and evaluation, includ-
8 ing maintenance, rehabilitation, lease, and operation of fa-
9 cilities and equipment, $13,969,032,000, to remain avail-
12 NAVY
17 able for obligation until September 30, 2022: Provided,
18 That funds appropriated in this paragraph which are
19 available for the V–22 may be used to meet unique oper-
20 ational requirements of the Special Operations Forces.
22 AIR FORCE
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282
4 SPACE FORCE
9 able until September 30, 2022.
11 DEFENSE-WIDE
12 For expenses of activities and agencies of the Depart-
13 ment of Defense (other than the military departments),
14 necessary for basic and applied scientific research, devel-
15 opment, test and evaluation; advanced research projects
16 as may be designated and determined by the Secretary
17 of Defense, pursuant to law; maintenance, rehabilitation,
18 lease, and operation of facilities and equipment,
21 OPERATIONAL TEST AND EVALUATION, DEFENSE
23 for the independent activities of the Director, Operational
24 Test and Evaluation, in the direction and supervision of
25 operational test and evaluation, including initial oper-
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283
1 ational test and evaluation which is conducted prior to,
2 and in support of, production decisions; joint operational
3 testing and evaluation; and administrative expenses in
4 connection therewith, $257,120,000, to remain available
December 21, 2020 (12:59 p.m.)

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

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

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

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

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

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

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

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

290
1 SEC. 8003. No part of any appropriation contained
2 in this Act shall remain available for obligation beyond
3 the current fiscal year, unless expressly so provided herein.
4 SEC. 8004. No more than 20 percent of the appro-
5 priations in this Act which are limited for obligation dur-
6 ing the current fiscal year shall be obligated during the
7 last 2 months of the fiscal year: Provided, That this sec-
8 tion shall not apply to obligations for support of active
9 duty training of reserve components or summer camp
10 training of the Reserve Officers’ Training Corps.
11 (TRANSFER OF FUNDS)
12 SEC. 8005. Upon determination by the Secretary of

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

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

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

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

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

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

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

297
1 (3) the contract provides that payments to the
2 contractor under the contract shall not be made in
3 advance of incurred costs on funded units; and
4 (4) the contract does not provide for a price ad-
5 justment based on a failure to award a follow-on
6 contract.
7 SEC. 8011. Within the funds appropriated for the op-
8 eration and maintenance of the Armed Forces, funds are
9 hereby appropriated pursuant to section 401 of title 10,
10 United States Code, for humanitarian and civic assistance
11 costs under chapter 20 of title 10, United States Code.
12 Such funds may also be obligated for humanitarian and
13 civic assistance costs incidental to authorized operations
14 and pursuant to authority granted in section 401 of title
15 10, United States Code, and these obligations shall be re-
16 ported as required by section 401(d) of title 10, United
17 States Code: Provided, That funds available for operation
18 and maintenance shall be available for providing humani-
19 tarian and similar assistance by using Civic Action Teams
20 in the Trust Territories of the Pacific Islands and freely
21 associated states of Micronesia, pursuant to the Compact
22 of Free Association as authorized by Public Law 99–239:
23 Provided further, That upon a determination by the Sec-
24 retary of the Army that such action is beneficial for grad-
25 uate medical education programs conducted at Army med-
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298
1 ical facilities located in Hawaii, the Secretary of the Army
2 may authorize the provision of medical services at such
3 facilities and transportation to such facilities, on a nonre-
4 imbursable basis, for civilian patients from American
5 Samoa, the Commonwealth of the Northern Mariana Is-
6 lands, the Marshall Islands, the Federated States of Mi-
7 cronesia, Palau, and Guam.
8 SEC. 8012. (a) During the current fiscal year, the
9 civilian personnel of the Department of Defense may not
10 be managed solely on the basis of any constraint or limita-
11 tion in terms of man years, end strength, full-time equiva-
12 lent positions, or maximum number of employees, but are
13 to be managed primarily on the basis of, and in a manner
14 consistent with—
15 (1) the total force management policies and
16 procedures established under section 129a of title
17 10, United States Code;
18 (2) the workload required to carry out the func-
19 tions and activities of the Department; and
20 (3) the funds made available to the Department
21 for such fiscal year.
22 (b) None of the funds appropriated by this Act may
23 be used to reduce the civilian workforce programmed full
24 time equivalent levels absent the appropriate analysis of
25 the impacts of these reductions on workload, military force
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1 structure, lethality, readiness, operational effectiveness,
2 stress on the military force, and fully burdened costs.
3 (c) A projection of the number of full-time equivalent
4 positions shall not be considered a constraint or limitation
5 for purposes of subsection (a) and reducing funding for
6 under-execution of such a projection shall not be consid-
7 ered managing based on a constraint or limitation for pur-
8 poses of such subsection.
9 (d) The fiscal year 2022 budget request for the De-
10 partment of Defense, and any justification material and
11 other documentation supporting such request, shall be
12 prepared and submitted to Congress as if subsections (a)
13 and (b) were effective with respect to such fiscal year.
14 (e) Nothing in this section shall be construed to apply
15 to military (civilian) technicians.
17 Act shall be used in any way, directly or indirectly, to in-
18 fluence congressional action on any legislation or appro-
19 priation matters pending before the Congress.
21 Act shall be available for the basic pay and allowances of
22 any member of the Army participating as a full-time stu-
23 dent and receiving benefits paid by the Secretary of Vet-
24 erans Affairs from the Department of Defense Education
25 Benefits Fund when time spent as a full-time student is
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300
1 credited toward completion of a service commitment: Pro-
2 vided, That this section shall not apply to those members
3 who have reenlisted with this option prior to October 1,
4 1987: Provided further, That this section applies only to
5 active components of the Army.
7 SEC. 8015. (a) Funds appropriated in title III of this

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

306
1 SEC. 8025. (a) Of the funds made available in this
2 Act, not less than $56,205,000 shall be available for the
3 Civil Air Patrol Corporation, of which—
4 (1) $43,205,000 shall be available from ‘‘Oper-
5 ation and Maintenance, Air Force’’ to support Civil
6 Air Patrol Corporation operation and maintenance,
7 readiness, counter-drug activities, and drug demand
8 reduction activities involving youth programs;
9 (2) $11,200,000 shall be available from ‘‘Air-
10 craft Procurement, Air Force’’; and
11 (3) $1,800,000 shall be available from ‘‘Other
12 Procurement, Air Force’’ for vehicle procurement.
13 (b) The Secretary of the Air Force should waive reim-
14 bursement for any funds used by the Civil Air Patrol for
15 counter-drug activities in support of Federal, State, and
16 local government agencies.
17 SEC. 8026. (a) None of the funds appropriated in this
18 Act are available to establish a new Department of De-
19 fense (department) federally funded research and develop-
20 ment center (FFRDC), either as a new entity, or as a
21 separate entity administrated by an organization man-
22 aging another FFRDC, or as a nonprofit membership cor-
23 poration consisting of a consortium of other FFRDCs and
24 other nonprofit entities.
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307
1 (b) No member of a Board of Directors, Trustees,
2 Overseers, Advisory Group, Special Issues Panel, Visiting
3 Committee, or any similar entity of a defense FFRDC,
4 and no paid consultant to any defense FFRDC, except
5 when acting in a technical advisory capacity, may be com-
6 pensated for his or her services as a member of such enti-
7 ty, or as a paid consultant by more than one FFRDC in
8 a fiscal year: Provided, That a member of any such entity
9 referred to previously in this subsection shall be allowed
10 travel expenses and per diem as authorized under the Fed-
11 eral Joint Travel Regulations, when engaged in the per-
12 formance of membership duties.
13 (c) Notwithstanding any other provision of law, none
14 of the funds available to the department from any source
15 during the current fiscal year may be used by a defense
16 FFRDC, through a fee or other payment mechanism, for
17 construction of new buildings not located on a military in-
18 stallation, for payment of cost sharing for projects funded
19 by Government grants, for absorption of contract over-
20 runs, or for certain charitable contributions, not to include
21 employee participation in community service and/or devel-
22 opment.
23 (d) Notwithstanding any other provision of law, of
24 the funds available to the department during fiscal year
25 2021, not more than 6,053 staff years of technical effort
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308
1 (staff years) may be funded for defense FFRDCs: Pro-
2 vided, That, within such funds for 6,053 staff years, funds
3 shall be available only for 1,148 staff years for the defense
4 studies and analysis FFRDCs: Provided further, That this
5 subsection shall not apply to staff years funded in the Na-
6 tional Intelligence Program (NIP) and the Military Intel-
7 ligence Program (MIP).
8 (e) The Secretary of Defense shall, with the submis-
9 sion of the department’s fiscal year 2022 budget request,
10 submit a report presenting the specific amounts of staff
11 years of technical effort to be allocated for each defense
12 FFRDC during that fiscal year and the associated budget
13 estimates.
14 SEC. 8027. None of the funds appropriated or made
15 available in this Act shall be used to procure carbon, alloy,
16 or armor steel plate for use in any Government-owned fa-
17 cility or property under the control of the Department of
18 Defense which were not melted and rolled in the United
19 States or Canada: Provided, That these procurement re-
20 strictions shall apply to any and all Federal Supply Class
21 9515, American Society of Testing and Materials (ASTM)
22 or American Iron and Steel Institute (AISI) specifications
23 of carbon, alloy or armor steel plate: Provided further,
24 That the Secretary of the military department responsible
25 for the procurement may waive this restriction on a case-
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309
1 by-case basis by certifying in writing to the Committees
3 Senate that adequate domestic supplies are not available
4 to meet Department of Defense requirements on a timely
5 basis and that such an acquisition must be made in order
6 to acquire capability for national security purposes: Pro-
7 vided further, That these restrictions shall not apply to
8 contracts which are in being as of the date of the enact-
9 ment of this Act.
10 SEC. 8028. For the purposes of this Act, the term
11 ‘‘congressional defense committees’’ means the Armed
12 Services Committee of the House of Representatives, the
13 Armed Services Committee of the Senate, the Sub-
14 committee on Defense of the Committee on Appropriations
15 of the Senate, and the Subcommittee on Defense of the
16 Committee on Appropriations of the House of Representa-
17 tives.
18 SEC. 8029. During the current fiscal year, the De-
19 partment of Defense may acquire the modification, depot
20 maintenance and repair of aircraft, vehicles and vessels
21 as well as the production of components and other De-
22 fense-related articles, through competition between De-
23 partment of Defense depot maintenance activities and pri-
24 vate firms: Provided, That the Senior Acquisition Execu-
25 tive of the military department or Defense Agency con-
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310
1 cerned, with power of delegation, shall certify that success-
2 ful bids include comparable estimates of all direct and in-
3 direct costs for both public and private bids: Provided fur-
4 ther, That Office of Management and Budget Circular A–
5 76 shall not apply to competitions conducted under this
6 section.
7 SEC. 8030. (a)(1) If the Secretary of Defense, after
8 consultation with the United States Trade Representative,
9 determines that a foreign country which is party to an
10 agreement described in paragraph (2) has violated the
11 terms of the agreement by discriminating against certain
12 types of products produced in the United States that are
13 covered by the agreement, the Secretary of Defense shall
14 rescind the Secretary’s blanket waiver of the Buy Amer-
15 ican Act with respect to such types of products produced
16 in that foreign country.
17 (2) An agreement referred to in paragraph (1)
18 is any reciprocal defense procurement memorandum
19 of understanding, between the United States and a
20 foreign country pursuant to which the Secretary of
21 Defense has prospectively waived the Buy American
22 Act for certain products in that country.
23 (b) The Secretary of Defense shall submit to the Con-
24 gress a report on the amount of Department of Defense
25 purchases from foreign entities in fiscal year 2021. Such
December 21, 2020 (12:59 p.m.)

311
1 report shall separately indicate the dollar value of items
2 for which the Buy American Act was waived pursuant to
3 any agreement described in subsection (a)(2), the Trade
4 Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any
5 international agreement to which the United States is a
6 party.
7 (c) For purposes of this section, the term ‘‘Buy
8 American Act’’ means chapter 83 of title 41, United
9 States Code.
10 SEC. 8031. During the current fiscal year, amounts
11 contained in the Department of Defense Overseas Military
12 Facility Investment Recovery Account shall be available
13 until expended for the payments specified by section
14 2687a(b)(2) of title 10, United States Code.
16 of law, the Secretary of the Air Force may convey at no
17 cost to the Air Force, without consideration, to Indian
18 tribes located in the States of Nevada, Idaho, North Da-
19 kota, South Dakota, Montana, Oregon, Minnesota, and
20 Washington relocatable military housing units located at
21 Grand Forks Air Force Base, Malmstrom Air Force Base,
22 Mountain Home Air Force Base, Ellsworth Air Force
23 Base, and Minot Air Force Base that are excess to the
24 needs of the Air Force.
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312
1 (b) The Secretary of the Air Force shall convey, at
2 no cost to the Air Force, military housing units under sub-
3 section (a) in accordance with the request for such units
4 that are submitted to the Secretary by the Operation
5 Walking Shield Program on behalf of Indian tribes located
6 in the States of Nevada, Idaho, North Dakota, South Da-
7 kota, Montana, Oregon, Minnesota, and Washington. Any
8 such conveyance shall be subject to the condition that the
9 housing units shall be removed within a reasonable period
10 of time, as determined by the Secretary.
11 (c) The Operation Walking Shield Program shall re-
12 solve any conflicts among requests of Indian tribes for
13 housing units under subsection (a) before submitting re-
14 quests to the Secretary of the Air Force under subsection
15 (b).
16 (d) In this section, the term ‘‘Indian tribe’’ means
17 any recognized Indian tribe included on the current list
18 published by the Secretary of the Interior under section
19 104 of the Federally Recognized Indian Tribe Act of 1994
20 (Public Law 103–454; 108 Stat. 4792; 25 U.S.C. 5131).
21 SEC. 8033. During the current fiscal year, appropria-
22 tions which are available to the Department of Defense
23 for operation and maintenance may be used to purchase
24 items having an investment item unit cost of not more
25 than $250,000.
December 21, 2020 (12:59 p.m.)

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

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

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

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

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

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

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

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

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

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

24 of Defense Appropriations Acts, the following funds are
25 hereby rescinded from the following accounts and pro-
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322
1 grams in the specified amounts: Provided, That no
2 amounts may be rescinded from amounts that were des-
3 ignated by the Congress for Overseas Contingency Oper-
4 ations/Global War on Terrorism or as an emergency re-
5 quirement pursuant to the Concurrent Resolution on the
6 Budget or the Balanced Budget and Emergency Deficit
7 Control Act of 1985, as amended:
8 ‘‘Shipbuilding and Conversion, Navy: DDG–51
9 Destroyer’’, 2014/2021, $66,567,000;
10 ‘‘Procurement of Weapons and Tracked Combat
11 Vehicles, Army’’, 2019/2021, $23,840,000;
12 ‘‘Aircraft Procurement, Navy’’, 2019/2021,
13 $23,094,000;
14 ‘‘Aircraft Procurement, Air Force’’, 2019/2021,
15 $465,447,000;
16 ‘‘Other Procurement, Air Force’’, 2019/2021,
17 $12,400,000;
18 ‘‘Aircraft Procurement, Army’’, 2020/2022,
19 $26,900,000;
20 ‘‘Missile Procurement, Army’’, 2020/2022,
21 $2,377,000;
22 ‘‘Procurement of Weapons and Tracked Combat
23 Vehicles, Army’’, 2020/2022, $148,141,000;
24 ‘‘Procurement of Ammunition, Army’’, 2020/
25 2022, $7,500,000;
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323
1 ‘‘Other Procurement, Army’’, 2020/2022,
2 $13,175,000;
3 ‘‘Aircraft Procurement, Navy’’, 2020/2022,
4 $417,128,000;
5 ‘‘Weapons Procurement, Navy’’, 2020/2022,
6 $7,500,000;
7 ‘‘Procurement of Ammunition, Navy and Ma-
8 rine Corps’’, 2020/2022, $8,973,000;
9 ‘‘Shipbuilding and Conversion, Navy: TAO
10 Fleet Oiler (AP)’’, 2020/2024, $73,000,000;
11 ‘‘Shipbuilding and Conversion, Navy: CVN Re-
12 fueling Overhauls’’, 2020/2024, $13,100,000;
13 ‘‘Other Procurement, Navy’’, 2020/2022,
14 $87,052,000;
15 ‘‘Procurement, Marine Corps’’, 2020/2022,
16 $55,139,000;
17 ‘‘Aircraft Procurement, Air Force’’, 2020/2022,
18 $543,015,000;
19 ‘‘Missile Procurement, Air Force’’, 2020/2022,
20 $24,500,000;
21 ‘‘Space Procurement, Air Force’’, 2020/2022,
22 $64,400,000;
23 ‘‘Other Procurement, Air Force’’, 2020/2022,
24 $66,726,000;
December 21, 2020 (12:59 p.m.)

324
1 ‘‘Research, Development, Test and Evaluation,
2 Army’’, 2020/2021, $284,228,000;
4 Navy’’, 2020/2021, $84,005,000;
6 Air Force’’, 2020/2021, $251,809,000;
8 Defense-Wide’’, 2020/2021, $378,031,000; and
9 ‘‘Defense Counterintelligence and Security
10 Agency Working Capital Fund’’, 2020/XXXX,
11 $100,000,000.
12 SEC. 8044. None of the funds available in this Act
13 may be used to reduce the authorized positions for mili-
14 tary technicians (dual status) of the Army National
15 Guard, Air National Guard, Army Reserve and Air Force
16 Reserve for the purpose of applying any administratively
17 imposed civilian personnel ceiling, freeze, or reduction on
18 military technicians (dual status), unless such reductions
19 are a direct result of a reduction in military force struc-
20 ture.
22 wise made available in this Act may be obligated or ex-
23 pended for assistance to the Democratic People’s Republic
24 of Korea unless specifically appropriated for that purpose:
25 Provided, That this restriction shall not apply to any ac-
December 21, 2020 (12:59 p.m.)

325
1 tivities incidental to the Defense POW/MIA Accounting
2 Agency mission to recover and identify the remains of
3 United States Armed Forces personnel from the Demo-
4 cratic People’s Republic of Korea.
5 SEC. 8046. Funds appropriated in this Act for oper-
6 ation and maintenance of the Military Departments, Com-
7 batant Commands and Defense Agencies shall be available
8 for reimbursement of pay, allowances and other expenses
9 which would otherwise be incurred against appropriations
10 for the National Guard and Reserve when members of the
11 National Guard and Reserve provide intelligence or coun-
12 terintelligence support to Combatant Commands, Defense
13 Agencies and Joint Intelligence Activities, including the
14 activities and programs included within the National Intel-
15 ligence Program and the Military Intelligence Program:
16 Provided, That nothing in this section authorizes deviation
17 from established Reserve and National Guard personnel
18 and training procedures.
19 SEC. 8047. (a) None of the funds available to the
20 Department of Defense for any fiscal year for drug inter-
21 diction or counter-drug activities may be transferred to
22 any other department or agency of the United States ex-
23 cept as specifically provided in an appropriations law.
24 (b) None of the funds available to the Central Intel-
25 ligence Agency for any fiscal year for drug interdiction or
December 21, 2020 (12:59 p.m.)

326
1 counter-drug activities may be transferred to any other de-
2 partment or agency of the United States except as specifi-
3 cally provided in an appropriations law.
5 Act may be used for the procurement of ball and roller
6 bearings other than those produced by a domestic source
7 and of domestic origin: Provided, That the Secretary of
8 the military department responsible for such procurement
9 may waive this restriction on a case-by-case basis by certi-
10 fying in writing to the Committees on Appropriations of
11 the House of Representatives and the Senate, that ade-
12 quate domestic supplies are not available to meet Depart-
13 ment of Defense requirements on a timely basis and that
14 such an acquisition must be made in order to acquire ca-
15 pability for national security purposes: Provided further,
16 That this restriction shall not apply to the purchase of
17 ‘‘commercial items’’, as defined by section 103 of title 41,
18 United States Code, except that the restriction shall apply
19 to ball or roller bearings purchased as end items.
20 SEC. 8049. Of the amounts appropriated for ‘‘Work-
21 ing Capital Fund, Army’’, $125,000,000 shall be available
22 to maintain competitive rates at the arsenals.
23 SEC. 8050. In addition to the amounts appropriated
24 or otherwise made available elsewhere in this Act,
25 $49,000,000 is hereby appropriated to the Department of
December 21, 2020 (12:59 p.m.)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

341

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

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

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

343
2 version, Navy’’, 2016/2021: CVN Refueling Over-
3 hauls $186,200,000;
5 version, Navy’’, 2016/2021: LPD–17 $30,578,000;
7 version, Navy’’, 2016/2021: TAO Fleet Oiler
8 $42,500,000;
10 version, Navy’’, 2018/2021: TAO Fleet Oiler
11 $17,400,000; and
13 version, Navy’’, 2018/2021: Expeditionary Fast
14 Transport $50,000,000.
15 SEC. 8074. Funds appropriated by this Act, or made
16 available by the transfer of funds in this Act, for intel-
17 ligence activities are deemed to be specifically authorized
18 by the Congress for purposes of section 504 of the Na-
19 tional Security Act of 1947 (50 U.S.C. 3094) during fiscal
20 year 2021 until the enactment of the Intelligence Author-
21 ization Act for Fiscal Year 2021.
23 shall be available for obligation or expenditure through a
24 reprogramming of funds that creates or initiates a new
25 program, project, or activity unless such program, project,
December 21, 2020 (12:59 p.m.)

344
1 or activity must be undertaken immediately in the interest
2 of national security and only after written prior notifica-
3 tion to the congressional defense committees.
4 SEC. 8076. The budget of the President for fiscal
5 year 2022 submitted to the Congress pursuant to section
6 1105 of title 31, United States Code, shall include sepa-
7 rate budget justification documents for costs of United
8 States Armed Forces’ participation in contingency oper-
9 ations for the Military Personnel accounts, the Operation
10 and Maintenance accounts, the Procurement accounts,
11 and the Research, Development, Test and Evaluation ac-
12 counts: Provided, That these documents shall include a de-
13 scription of the funding requested for each contingency op-
14 eration, for each military service, to include all Active and
15 Reserve components, and for each appropriations account:
16 Provided further, That these documents shall include esti-
17 mated costs for each element of expense or object class,
18 a reconciliation of increases and decreases for each contin-
19 gency operation, and programmatic data including, but
20 not limited to, troop strength for each Active and Reserve
21 component, and estimates of the major weapons systems
22 deployed in support of each contingency: Provided further,
23 That these documents shall include budget exhibits OP–
24 5 and OP–32 (as defined in the Department of Defense
25 Financial Management Regulation) for all contingency op-
December 21, 2020 (12:59 p.m.)

345
1 erations for the budget year and the two preceding fiscal
2 years.
4 used for research, development, test, evaluation, procure-
5 ment or deployment of nuclear armed interceptors of a
6 missile defense system.
7 SEC. 8078. The Secretary of Defense may use up to
8 $650,000,000 of the amounts appropriated or otherwise
9 made available in this Act to the Department of Defense
10 for the rapid acquisition and deployment of supplies and
11 associated support services pursuant to section 806 of the
12 Bob Stump National Defense Authorization Act for Fiscal
13 Year 2003 (Public Law 107–314; 10 U.S.C. 2302 note),
14 but only for the purposes specified in clauses (i), (ii), (iii),
15 and (iv) of subsection (c)(3)(B) of such section and sub-
16 ject to the applicable limits specified in clauses (i), (ii),
17 and (iii) of such subsection and, in the case of clause (iv)
18 of such subsection, subject to a limit of $50,000,000: Pro-
19 vided, That the Secretary of Defense shall notify the con-
20 gressional defense committees promptly of all uses of this
21 authority.
22 SEC. 8079. None of the funds appropriated or made
23 available in this Act shall be used to reduce or disestablish
24 the operation of the 53rd Weather Reconnaissance Squad-
25 ron of the Air Force Reserve, if such action would reduce
December 21, 2020 (12:59 p.m.)

346
1 the WC–130 Weather Reconnaissance mission below the
2 levels funded in this Act: Provided, That the Air Force
3 shall allow the 53rd Weather Reconnaissance Squadron to
4 perform other missions in support of national defense re-
5 quirements during the non-hurricane season.
7 shall be available for integration of foreign intelligence

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U:\2021OMNI\Final\H133JLHS—68.

RULES COMMITTEE PRINT 116–68

SENATE AMENDMENT TO H.R. 133

In lieu of the matter proposed to be inserted by the

2 This Act may be cited as the ‘‘Consolidated Appro-

Sec. 1. Short title.

DIVISION A—AGRICULTURE, RURAL DEVELOPMENT, FOOD AND

Title I—Agricultural Programs

DIVISION B—COMMERCE, JUSTICE, SCIENCE, AND RELATED

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

DIVISION C—DEPARTMENT OF DEFENSE APPROPRIATIONS ACT,

Title I—Military Personnel

DIVISION D—ENERGY AND WATER DEVELOPMENT AND RELATED

Title I—Corps of Engineers—Civil

DIVISION E—FINANCIAL SERVICES AND GENERAL GOVERNMENT

Title I—Department of the Treasury

DIVISION F—DEPARTMENT OF HOMELAND SECURITY

Title I—Departmental Management, Operations, Intelligence, and Oversight

DIVISION G—DEPARTMENT OF THE INTERIOR, ENVIRONMENT,

Title I—Department of the Interior

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

DIVISION H—DEPARTMENTS OF LABOR, HEALTH AND HUMAN

Title I—Department of Labor

DIVISION I—LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2021

Title I—Legislative Branch

DIVISION J—MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND

Title I—Department of Defense

DIVISION K—DEPARTMENT OF STATE, FOREIGN OPERATIONS,

Title I—Department of State and Related Agency

DIVISION L—TRANSPORTATION, HOUSING AND URBAN DEVELOP-

Title I—Department of Transportation

DIVISION M—CORONAVIRUS RESPONSE AND RELIEF

DIVISION N—ADDITIONAL CORONAVIRUS RESPONSE AND RELIEF

DIVISION O—EXTENSIONS AND TECHNICAL CORRECTIONS

Title I—Immigration Extensions

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

DIVISION P—NATIONAL BIO AND AGRO-DEFENSE FACILITY ACT

DIVISION Q—FINANCIAL SERVICES PROVISIONS AND

DIVISION R—PROTECTING OUR INFRASTRUCTURE OF PIPELINES

DIVISION S—INNOVATION FOR THE ENVIRONMENT

DIVISION T—SMITHSONIAN AMERICAN WOMEN’S HISTORY MU-

DIVISION U—HOMELAND SECURITY AND GOVERNMENTAL

DIVISION V—AIRCRAFT CERTIFICATION, SAFETY, AND

DIVISION W—INTELLIGENCE AUTHORIZATION ACT FOR FISCAL

DIVISION X—SUPPORTING FOSTER YOUTH AND FAMILIES

DIVISION Y—AMERICAN MINER BENEFITS IMPROVEMENT

DIVISION Z—ENERGY ACT OF 2020

DIVISION AA—WATER RESOURCES DEVELOPMENT ACT OF 2020

DIVISION BB—PRIVATE HEALTH INSURANCE AND PUBLIC

DIVISION CC—HEALTH EXTENDERS

DIVISION DD—MONTANA WATER RIGHTS PROTECTION ACT

DIVISION EE—TAXPAYER CERTAINTY AND DISASTER TAX

DIVISION FF—OTHER MATTER

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

2 Except as expressly provided otherwise, any reference

7 The explanatory statement regarding this Act, print-

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

2 The following sums in this Act are appropriated, out

6 (a) Each amount designated in this Act by the Con-