Sec. 101
Section 401(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) shall be applied by substituting “September 30, 2021” for “September 30, 2015”.
Division O — Extensions and technical corrections
O Extensions and technical corrections
I Immigration Extensions
Sec. 102
Subclauses (II) and (III) of section 101(a)(27)(C)(ii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(C)(ii)) shall be applied by substituting “September 30, 2021” for “September 30, 2015”.
Sec. 103
Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 (8 U.S.C. 1182 note) shall be applied by substituting “September 30, 2021” for “September 30, 2015”.
Sec. 104
Section 610(b) of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 (8 U.S.C. 1153 note) shall be applied by substituting “June 30, 2021” for “September 30, 2015”.
Sec. 105
Notwithstanding the numerical limitation set forth in section 214(g)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(B)), the Secretary of Homeland Security, after consultation with the Secretary of Labor, and upon the determination that the needs of American businesses cannot be satisfied in fiscal year 2021 with United States workers who are willing, qualified, and able to perform temporary nonagricultural labor, may increase the total number of aliens who may receive a visa under section 101(a)(15)(H)(ii)(b) of such Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) in such fiscal year above such limitation by not more than the highest number of H–2B nonimmigrants who participated in the H–2B returning worker program in any fiscal year in which returning workers were exempt from such numerical limitation.
II Commission on Black Men and Boys Corrections
Sec. 201 Technical corrections to the Commission on the Social Status of Black Men and Boys Act
Section 2(b)(3) of the Commission on the Social Status of Black Men and Boys Act (Public Law 116–156) is amended by striking “House of Representatives majority leader” and inserting “Speaker of the House of Representatives”.
III U.S. Customs and Border Protection Authority to Accept Donations Extension
Sec. 301 Extension of U.S. Customs and Border Protection authority to accept donations
Section 482(b)(4)(A) of the Homeland Security Act of 2002 (6 U.S.C. 301a(b)(4)(A)) is amended by striking “4 years after December 16, 2016” and inserting “December 16, 2021”.
IV Livestock Mandatory Reporting Extension
Sec. 401 Mandatory Livestock Reporting
Section 260 of the Agricultural Marketing Act of 1946 (7 U.S.C. 1636i) and section 942 of the Livestock Mandatory Reporting Act of 1999 (7 U.S.C. 1635 note; Public Law 106–78) shall be applied by substituting “September 30, 2021” for “September 30, 2020”.
V Soil Health and Income Protection Pilot Program Extension
Sec. 501 Soil Health and Income Protection Pilot Program modification
Section 1231C(b)(2)(B) of the Food Security Act of 1985 (16 U.S.C. 3831c(b)(2)(B)) shall be applied by substituting “September 30, 2021” for “December 31, 2020”.
VI United States-Mexico-Canada Agreement Implementation Act Technical Corrections
Sec. 601 Technical corrections to the United States-Mexico-Canada Agreement Implementation Act
Environment cooperation commissions; North American Development Bank—
In general— Section 601 of the United States-Mexico-Canada Agreement Implementation Act (Public Law 116–113; 134 Stat. 78) shall not apply to the provisions specified in paragraph (2) and such provisions shall be restored and revived as if such section had not been enacted.
Provisions specified— The provisions specified in this paragraph are the following:
Sections 532 and 533 of the North American Free Trade Agreement Implementation Act.
Part 2 of subtitle D of title V of such Act (as amended by section 831 of the United States-Mexico-Canada Agreement Implementation Act).
North american development bank: limitation on callable capital subscriptions— The Secretary of the Treasury may subscribe without fiscal year limitation to the callable capital portion of the United States share of capital stock of the North American Development Bank in an amount not to exceed $1,020,000,000. The authority in the preceding sentence shall be in addition to any other authority provided by previous Acts.
Rules of origin— Section 202 of the United States-Mexico-Canada Agreement Implementation Act (19 U.S.C. 4531) is amended—
in subsection (c), by adding at the end the following:
“(3) Special rule for foreign-trade zones—Paragraph (1)(B) shall not apply to a good produced in a foreign-trade zone or subzone established pursuant to the Act of June 18, 1934 (commonly known as the “Foreign Trade Zones Act”) (19 U.S.C. 81a et seq.) that is entered for consumption in the customs territory of the United States.”
in subsection (f)(2)(E), by striking “heading 1507, 1508,” and inserting “any of headings 1501 through 1508”.
Drawbacks—
In general— Section 208 of the United States-Mexico-Canada Agreement Implementation Act (19 U.S.C. 4534) is amended by adding at the end the following:
“(e) Action on claim
“(1) In general—If the Commissioner of U.S. Customs and Border Protection determines that a claim of preferential tariff treatment has been made with respect to an article for which a claim described in paragraph (2) has been made, the Commissioner may make such adjustments regarding the previous customs treatment of the article as may be warranted.
“(2) Claims described—A claim described in this paragraph is a claim for—
“(A) a refund, waiver, or reduction of duty, under any applicable provision of law; or
“(B) a credit against a bond under section 312(d)(1) of the Tariff Act of 1930 (19 U.S.C. 1312(d)(1)).”
Conforming amendments—
Tariff Act of 1930— The Tariff Act of 1930 is amended—
in section 311 (19 U.S.C. 1311), in the 11th undesignated paragraph, by striking “(subject to section 508(b)(2)(B))” and inserting “(subject to section 208(e) of that Act)”;
in section 312 (19 U.S.C. 1312), by striking “(subject to section 508(b)(2)(B))” each place it appears and inserting “(subject to section 208(e) of that Act)”;
in section 313(n)(1)(C) (19 U.S.C. 1313(n)(1)(C)), by striking “section 508(b)(2)(B)” and inserting “section 208(e) of that Act”; and
in section 562(2)(B) (19 U.S.C. 1562(2)(B)), in the matter preceding clause (i), by striking “(subject to section 508(b)(2)(B))” and inserting “(subject to section 208(e) of that Act)”.
Foreign Trade Zones Act— Section 3(a) of the Act of June 18, 1934 (commonly known as the “Foreign Trade Zones Act”) (19 U.S.C. 81c(a)) is amended in the seventh proviso by striking “(subject to section 508(b)(2)(B) of the Tariff Act of 1930)” and inserting “(subject to section 208(e) of that Act)”.
Retention of records—
In general— Section 508 of the Tariff Act of 1930 (19 U.S.C. 1508) is amended by inserting after subsection (b) the following:
“(c) Period of time—The records required by subsection (a) shall be kept for such periods of time as the Secretary shall prescribe, except that—
“(1) no period of time for the retention of the records required under subsection (a) may exceed 5 years from the date of entry, filing of a reconciliation, or exportation, as appropriate; and
“(2) records for any drawback claim shall be kept until the 3rd anniversary of the date of liquidation of the claim.”
Conforming amendment— Section 313(r)(3)(B) of the Tariff Act of 1930 (19 U.S.C. 1313(r)(3)(B)) is amended by striking “section 508(c)(3)” and inserting “section 508(c)(2)”.
Reliquidation of entries— Section 520(d) of the Tariff Act of 1930 (19 U.S.C. 1520(d)) is amended by striking “(except with respect to any merchandise processing fees)”.
in the subsection heading, by striking “the the” and inserting “the”; and
in paragraph (1), by striking subparagraph (A) and inserting the following:
“(A) In general—If binational panel review of a determination under this title is requested pursuant to article 1904 of the United States-Canada Agreement or article 10.12 of the USMCA, or an extraordinary challenge committee is convened under Annex 1904.13 of the United States-Canada Agreement or chapter 10 of the USMCA, the administering authority or the Commission, as appropriate, may make available to authorized persons, under a protective order described in paragraph (2), a copy of all proprietary material in the administrative record made during the proceeding in question. If the administering authority or the Commission claims a privilege as to a document or portion of a document in the administrative record of the proceeding in question and a binational panel or extraordinary challenge committee finds that in camera inspection or limited disclosure of that document or portion thereof is required by United States law, the administering authority or the Commission, as appropriate, may restrict access to such document or portion thereof to the authorized persons identified by the panel or committee as requiring access and may require such persons to obtain access under a protective order described in paragraph (2).”
Dispute settlement— The table of contents for the United States-Mexico-Canada Agreement Implementation Act (Public Law 116–113; 134 Stat. 11) is amended by striking the item relating to section 414 and inserting the following:
Effective date— This section and the amendments made by this section shall take effect on July 1, 2020.
Sec. 602 Technical corrections to other laws
African Growth and Opportunity Act— The African Growth and Opportunity Act is amended—
in section 112 (19 U.S.C. 3721)—
in subsection (b)(5)(A), by striking “Annex 401 to the NAFTA” and inserting “Annex 4–B of the USMCA”; and
in subsection (f), by striking paragraph (3) and inserting the following:
“(3) USMCA—The term “USMCA” has the meaning given that term in section 3 of the United States-Mexico-Canada Agreement Implementation Act (19 U.S.C. 4502).”
in section 113(b) (19 U.S.C. 3722(b))—
in paragraph (1)—
in subparagraph (A), by striking “Article 502(1) of the NAFTA” and inserting “article 5.4.1 of the USMCA”; and
in subparagraph (B)(i), in the matter following subclause (II), by striking “chapter 5 of the NAFTA” and inserting “chapter 5 of the USMCA”; and
in paragraph (2), by striking “Article 503 of the NAFTA” and inserting “article 5.5 of the USMCA”.
Caribbean Basin Economic Recovery Act— The Caribbean Basin Economic Recovery Act is amended—
in section 212(a)(1) (19 U.S.C. 2702(a)(1)), by striking subparagraph (D) and inserting the following:
“(D) The term “USMCA” has the meaning given that term in section 3 of the United States-Mexico-Canada Agreement Implementation Act (19 U.S.C. 4502).”
in section 213(b) (19 U.S.C. 2703(b))—
in paragraph (2)—
in subparagraph (A)—
in clause (v)(I), by striking “Annex 401 of the NAFTA” and inserting “Annex 4–B of the USMCA”; and
in clause (vii)(IV)—
by striking “from a country” and inserting the following:
“(aa) a country”
by striking the period at the end and inserting “; or”; and
by adding at the end the following:
“(bb) a USMCA country (as defined in section 3 of the United States-Mexico-Canada Agreement Implementation Act (19 U.S.C. 4502)).”
in subparagraph (C), by striking “section 2.3(a), (b), or (c) of the Annex or Appendix 3.1.B.11 of the Annex” and inserting “article 6.2 of the USMCA”;
in paragraph (3)(A)(i), by striking “Annex 302.2 of the NAFTA” and inserting “Annex 2–B of the USMCA”;
in paragraph (4)—
in subparagraph (A)—
in clause (i), by striking “Article 502(1) of the NAFTA” and inserting “article 5.4.1 of the USMCA”; and
in clause (ii)(I), in the matter following item (bb), by striking “chapter 5 of the NAFTA” and inserting “chapter 5 of the USMCA”; and
in subparagraph (B), by striking “Article 503 of the NAFTA” and inserting “article 5.5 of the USMCA”; and
in paragraph (5)—
in subparagraph (A), by striking “NAFTA” and inserting “North American Free Trade Agreement entered into between the United States, Mexico, and Canada on December 17, 1992”; and
in subparagraph (C), by striking “NAFTA” each place it appears and inserting “USMCA”; and
in section 213A(b) (19 U.S.C. 2703a(b))—
in paragraph (1)(B)(vii)(I)(aa), by striking “Annex 401 of the NAFTA” and inserting “Annex 4–B of the USMCA”; and
in paragraph (5)(A)(i), by striking “Annex 401 of the NAFTA” and inserting “Annex 4–B of the USMCA”.
Trade Facilitation and Trade Enforcement Act of 2015— Section 403 of the Trade Facilitation and Trade Enforcement Act of 2015 (19 U.S.C. 4362) is amended by striking “article 1902 of the North American Free Trade Agreement and section 408 of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3438)” and inserting “article 10.10 of the USMCA (as defined in section 3 of the United States-Mexico-Canada Agreement Implementation Act (19 U.S.C. 4502)) and section 418 of the United States-Mexico-Canada Agreement Implementation Act (19 U.S.C. 4588)”.
by striking “The Director” and inserting “(a) In general.—The Director”;
by striking “other than a NAFTA country” and inserting “other than a USMCA country”; and
by striking the third sentence and inserting the following:
“(b) Definitions—In this section—
“(1) the term “USMCA country” has the meaning given that term in section 3 of the United States-Mexico-Canada Agreement Implementation Act (19 U.S.C. 4502); and
“(2) the term “WTO member country” has the meaning given that term in section 2(10) of the Uruguay Round Agreements Act (19 U.S.C. 3501(10)).”
Energy Policy Act of 1992— Section 1011(b) of the Energy Policy Act of 1992 (42 U.S.C. 2296b(b)) is amended by striking “North American Free Trade Agreement” and inserting “USMCA (as defined in section 3 of the United States-Mexico-Canada Agreement Implementation Act (19 U.S.C. 4502))”.
Trade Agreements Act of 1979— Section 493(a)(5)(D) of the Trade Agreements Act of 1979 (19 U.S.C. 2578b(a)(5)(D)) is amended by striking “the NAFTA countries (as defined in section 2(4) of the North American Free Trade Agreement Implementation Act)” and inserting “the USMCA countries (as defined in section 3 of the United States-Mexico-Canada Agreement Implementation Act (19 U.S.C. 4502))”.
Effective date— This section and the amendments made by this section shall take effect on July 1, 2020.
VII Deputy Architect of the Capitol Amendments
Sec. 701 Architect of the Capitol
Delegation of authority— The matter under the heading “Office of the Architect of the Capitol” under the heading “Architect of the Capitol” of the Legislative Appropriation Act, 1956 (2 U.S.C. 1803) is amended by striking “delegate to the assistants” and all that follows through “2003” and inserting “delegate the duties and authorities of the Architect to officers and employees of the Office of the Architect of the Capitol, as the Architect determines appropriate”.
Deputy Architect of the Capitol— Section 1203 of title I of division H of the Consolidated Appropriations Resolution, 2003 (2 U.S.C. 1805) is amended—
in the section heading, by striking “Capitol/Chief Operating Officer” and inserting “Capitol”;
in subsection (a), by striking “There shall be” and all that follows and inserting “The Architect of the Capitol shall appoint a suitable individual to be the Deputy Architect of the Capitol. The Architect may delegate to the Deputy Architect such duties as the Architect determines are necessary or appropriate.”;
by striking subsections (b) through (g);
by redesignating subsection (h) as subsection (b); and
by striking subsections (i) and (j).
VIII Pandemic Response Accountability Committee Amendments
Sec. 801 Amendments to the Pandemic Response Accountability Committee
Appropriations—
In general— Title V of division B of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116–136) is amended in the matter under the heading “Pandemic Response Accountability Committee” under the heading “Independent agencies” by striking “funds provided in” and inserting “covered funds and the Coronavirus response as provided in section 15010 of”.
Emergency designation— The amounts repurposed in this section that were previously designated by the Congress as an emergency requirement pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 are designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
Definition of covered funds— Section 15010(a)(6) of division B of the Coronavirus, Aid, Relief, and Economic Security Act (Public Law 116–136) is amended—
in subparagraph (A), by striking “this Act” and inserting “the Coronavirus Aid, Relief, and Economic Security Act (divisions A and B)”;
in subparagraph (C), by striking “or” at the end; and
by striking subparagraph (D) and inserting the following:
“(D) the Paycheck Protection Program and Health Care Enhancement Act (Public Law 116–139); or
“(E) divisions M and N of the Consolidated Appropriations Act, 2021; and”
IX Adjustment of Status for Liberian Nationals Extension
Sec. 901 Extension of period for adjustment of status for certain Liberian nationals
Section 7611(b)(1)(A) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) is amended by striking “1 year” and inserting “2 years”.
X Clean Up the Code Act of 2019
Sec. 1001 Short title
This title may be cited as the “Clean Up the Code Act of 2019”.
Sec. 1002 Repeals
The following provisions of title 18, United States Code, are repealed:
Section 46 relating to transportation of water hyacinths.
Section 511A relating to unauthorized application of theft prevention decal or device.
Section 707 relating to 4–H club emblem fraudulently used.
Section 708 relating to Swiss Confederation coat of arms.
Section 711 relating to “Smokey Bear” character or name.
Section 711a relating to “Woodsy Owl” character, name, or slogan.
Section 715 relating to “The Golden Eagle Insignia”.
Chapter 89—Professions and Occupations.
Section 1921 relating to receiving Federal employees’ compensation after marriage.
Sec. 1003 Clerical amendments
Table of chapters for part I of title 18— The table of chapters for part I of title 18, United States Code, is amended by striking the item relating to chapter 89.
Table of sections for chapter 3— The table of sections for chapter 3 of title 18, United States Code, is amended by striking the item relating to section 46.
Table of sections for chapter 25— The table of sections for chapter 25 of title 18, United States Code, is amended by striking the item relating to section 511A.
Table of sections for chapter 33— The table of sections for chapter 33 of title 18, United States Code, is amended—
by striking the item relating to section 707;
by striking the item relating to section 708;
by striking the item relating to section 711;
by striking the item relating to section 711a; and
by striking the item relating to section 715.
Table of sections for chapter 93— The table of sections for chapter 93 of title 18, United States Code, is amended by striking the item relating to section 1921.
XI Amendments to Provisions Relating to Child Care Centers
Sec. 1101 Provisions relating to child care centers
Senate Employee Child Care Center— Section 19001 of the Coronavirus Aid, Relief, and Economic Security Act (2 U.S.C. 2063 note) is amended—
by striking “The Secretary” and all that follows through “per month,” and inserting the following:
“(a) Reimbursements.—During the period beginning on July 1, 2020 and ending on the termination date of the public health emergency declared pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247d) resulting from the COVID–19 pandemic, the Secretary of the Senate shall reimburse the Senate Employee Child Care Center for expenses, due to measures taken in the Capitol complex to combat coronavirus, as calculated under subsection (b) and”
by adding at the end the following:
“(b) Amount—The amount of the reimbursement under this section for each month of the period described in subsection (a) shall be equal to the difference between—
“(1) the lesser of—
“(A) the amount of the operating costs (including payroll, general, and administrative expenses) of the Center for such month; or
“(B) $105,000; and
“(2) the amount of tuition payments collected by the Center for such month.”
Little scholars child development center— Section 19004 of the Coronavirus Aid, Relief, and Economic Security Act (2 U.S.C. 162b note) is amended—
by striking “The Library of Congress” and all that follows through “per month,” and inserting the following:
“(a) Reimbursements.—During the period beginning on the date of enactment of the Consolidated Appropriations Act, 2021 and ending on the termination date of the public health emergency declared pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247d) resulting from the COVID–19 pandemic, the Library of Congress shall reimburse the Little Scholars Child Development Center for expenses, due to measures taken in the Capitol complex to combat coronavirus, as calculated under subsection (b) and”
by adding at the end the following:
“(b) Amount—The amount of the reimbursement under this section for each month of the period described in subsection (a) shall be equal to the difference between—
“(1) the lesser of—
“(A) the amount of the operating costs (including payroll, general, and administrative expenses) of the Center for such month; or
“(B) $118,500; and
“(2) the amount of tuition payments collected by the Center for such month.”
Tiny Findings Child Development Center— Section 19009 of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116–136; 134 Stat. 579) is amended—
by striking “The Government” and all that follows through “per month,” and inserting the following:
“(a) Reimbursements.—During the period beginning on the date of enactment of the Consolidated Appropriations Act, 2021 and ending on the termination date of the public health emergency declared pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247d) resulting from the COVID–19 pandemic, the Government Accountability Office shall reimburse the Tiny Findings Child Development Center for expenses, due to measures taken in the Capitol complex to combat coronavirus, as calculated under subsection (b) and”
by adding at the end the following:
“(b) Amount—The amount of the reimbursement under this section for each month of the period described in subsection (a) shall be equal to the difference between—
“(1) the lesser of—
“(A) the amount of the operating costs (including payroll, general, and administrative expenses) of the Center for such month; or
“(B) $162,500; and
“(2) the amount of tuition payments collected by the Center for such month.”
XII Alaska Natives Extension
Sec. 1201 Alaska Natives
Section 424(a) of the Consolidated Appropriations Act, 2014 (Public Law 113–76), as amended by section 428 of the Consolidated Appropriations Act, 2018 (Public Law 115–141), shall be applied by substituting “October 1, 2022” for “October 1, 2019”.
XIII Open Technology Fund Opportunity to Contest Proposed Debarment
Sec. 1301 Open Technology Fund Opportunity to Contest Proposed Debarment
Effective date— Section 1299Q of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 is amended by adding at the end the following:
“(g) Effective date—This section and the amendments made by this section shall take effect on the date that is 90 days after the date of the enactment of this Act.”
Open technology fund opportunity to contest proposed debarment— Notwithstanding any provision of law or regulation, including section 513.313 of title 22, Code of Federal Regulations, in any debarment proceeding concerning the Open Technology Fund that is initiated prior to the date of enactment of this Act, the Open Technology Fund shall have 90 calendar days after receipt of any notice of proposed debarment to submit, in person, in writing, or through a representative, information and argument in opposition to the proposed debarment, before such proposed debarment may proceed to additional proceedings or decision.
XIV Budgetary Effects
Sec. 1401 Budgetary Effects
Statutory PAYGO scorecards— The budgetary effects of division N, this division, and each succeeding division, except for title VIII of division O and title XIII of division FF, shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010.
Senate PAYGO scorecards— The budgetary effects of division N, this division, and each succeeding division, except for title VIII of division O and title XIII of division FF, shall not be entered on any PAYGO scorecard maintained for purposes of section 4106 of H. Con. Res. 71 (115th Congress).
Classification of budgetary effects— Notwithstanding Rule 3 of the Budget Scorekeeping Guidelines set forth in the joint explanatory statement of the committee of conference accompanying Conference Report 105–217 and section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985, the budgetary effects of division N, this division, and each succeeding division, except for title VIII of division O and title XIII of division FF, shall not be estimated—
for purposes of section 251 of such Act; and
for purposes of paragraph (4)(C) of section 3 of the Statutory Pay-As-You-Go Act of 2010 as being included in an appropriation Act.
Balances on the PAYGO scorecards— Effective on the date of the adjournment of the second session of the 116th Congress, and for the purposes of the annual report issued pursuant to section 5 of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 934) after such adjournment and for determining whether a sequestration order is necessary under such section, the balances on the PAYGO scorecards established pursuant to paragraphs (4) and (5) of section 4(d) of such Act shall be zero.