---
kind: "diff"
citation: "H.R. 7608"
bill: "116-hr-7608"
heading: "State, Foreign Operations, Agriculture, Rural Development, Interior, Environment, Military Construction, and Veterans Affairs Appropriations Act, 2021"
from: "rh"
from_label: "Reported in House"
to: "eh"
to_label: "Engrossed in House"
sections_amended: 21
sections_added: 279
sections_removed: 3
url: "https://uscodex.org/bills/116/hr/7608/changes/eh"
---

# H.R. 7608 — what changed

H.R. 7608, State, Foreign Operations, Agriculture, Rural Development, Interior, Environment, Military Construction, and Veterans Affairs Appropriations Act, 2021 — 21 sections amended, 279 added, and 3 removed between Reported in House and Engrossed in House.

Edits are marked `<del>struck</del>` and `<ins>inserted</ins>`.

## (unnamed section) — removed

- <del>That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of State, foreign operations, and related programs for the fiscal year ending September 30, 2021, and for other purposes, namely:</del>

## Section 1 Short title — added

- <ins>This Act may be cited as the “State, Foreign Operations, Agriculture, Rural Development, Interior, Environment, Military Construction, and Veterans Affairs Appropriations Act, 2021”.</ins>

## Sec. 2 References to Act — added

- <ins>Except as expressly provided otherwise, any reference to “this Act” contained in any division of this Act shall be treated as referring only to the provisions of that division.</ins>

## Sec. 3 References to Report — added

- (a) <ins>Any reference to a “report accompanying this Act” contained in division A of this Act shall be treated as a reference to House Report 116–444. The effect of such Report shall be limited to division A and shall apply for purposes of determining the allocation of funds provided by, and the implementation of, division A.</ins>
- (b) <ins>Any reference to a “report accompanying this Act” contained in division B of this Act shall be treated as a reference to House Report 116–446. The effect of such Report shall be limited to division B and shall apply for purposes of determining the allocation of funds provided by, and the implementation of, division B.</ins>
- (c) <ins>Any reference to a “report accompanying this Act” contained in division C of this Act shall be treated as a reference to House Report 116–448. The effect of such Report shall be limited to division C and shall apply for purposes of determining the allocation of funds provided by, and the implementation of, division C.</ins>
- (d) <ins>Any reference to a “report accompanying this Act” contained in division D of this Act shall be treated as a reference to House Report 116–445. The effect of such Report shall be limited to division D and shall apply for purposes of determining the allocation of funds provided by, and the implementation of, division D.</ins>

## Sec. 4 Availability of Funds — added

- (a) <ins>Each amount designated in this Act by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 shall be available (or rescinded, if applicable) only if the President subsequently so designates all such amounts and transmits such designations to the Congress.</ins>
- (b) <ins>Each amount designated in this Act by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985 shall be available (or rescinded, if applicable) only if the President subsequently so designates all such amounts and transmits such designations to the Congress.</ins>

## (unnamed section) — added

- <ins>That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of State, foreign operations, and related programs for the fiscal year ending September 30, 2021, and for other purposes, namely:</ins>

## Sec. 7008 (unnamed section)

- None of the funds appropriated or otherwise made available by this Act under the heading “Economic Support Fund” and under titles IV through VI shall be obligated or expended to finance directly any assistance to the government of any country whose duly elected head of government is deposed by military coup <del>d'état </del><ins>d’état </ins>or decree or, after the date of enactment of this Act, a coup <del>d'état </del><ins>d’état </ins>or decree in which the military plays a decisive role: Provided, That assistance may be resumed to such government if the Secretary of State certifies and reports to the appropriate congressional committees that subsequent to the termination of assistance a democratically elected government has taken office: Provided further, That the provisions of this section shall not apply to assistance to promote democratic elections or public participation in democratic processes: Provided further, That funds made available pursuant to the previous provisos shall be subject to the regular notification procedures of the Committees on Appropriations.

## Sec. 7009 (unnamed section)

- (a) Department of State and United States Agency for Global Media—
  - (1) Department of state—
    - (A) In general— Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of State under title I of this Act may be transferred between, and merged with, such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers, and no such transfer may be made to increase the appropriation under the heading “Representation Expenses”.
    - (B) Embassy security— Funds appropriated under the headings “Diplomatic Programs”, including for Worldwide Security Protection, “Embassy Security, Construction, and Maintenance”, and “Emergencies in the Diplomatic and Consular Service” in this Act may be transferred to, and merged with, funds appropriated under such headings if the Secretary of State determines and reports to the Committees on Appropriations that to do so is necessary to implement the recommendations of the Benghazi Accountability Review Board, for emergency evacuations, or to prevent or respond to security situations and requirements, following consultation with, and subject to the regular notification procedures of, such Committees: Provided, That such transfer authority is in addition to any transfer authority otherwise available in this Act and under any other provision of law.
  - (2) United states agency for global media— Not to exceed 5 percent of any appropriation made available for the current fiscal year for the United States Agency for Global Media under title I of this Act may be transferred between, and merged with, such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers.
  - (3) Treatment as reprogramming— Any transfer pursuant to this subsection shall be treated as a reprogramming of funds under section 7015 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section.
- (b) Limitation on transfers of funds between agencies—
  - (1) In general— None of the funds made available under titles II through V of this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriations Act.
  - (2) Allocation and transfers— Notwithstanding paragraph (1), in addition to transfers made by, or authorized elsewhere in, this Act, funds appropriated by this Act to carry out the purposes of the Foreign Assistance Act of 1961 may be allocated or transferred to agencies of the United States Government pursuant to the provisions of sections 109, 610, and 632 of the Foreign Assistance Act of 1961, and section 1434(j) of the BUILD Act of 2018 (division F of Public Law 115–254).
  - (3) Notification— Any agreement entered into by the United States Agency for International Development or the Department of State with any department, agency, or instrumentality of the United States Government pursuant to section 632(b) of the Foreign Assistance Act of 1961 valued in excess of $1,000,000 and any agreement made pursuant to section 632(a) of such Act, with funds appropriated by this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs under the headings “Global Health Programs”, “Development Assistance”, “Economic Support Fund”, and “Assistance for Europe, Eurasia and Central Asia” shall be subject to the regular notification procedures of the Committees on Appropriations: Provided, That the requirement in the previous sentence shall not apply to agreements entered into between USAID and the Department of State.
- (c) Limitation on United states international development finance corporation— Amounts transferred pursuant to section 1434(j) of the BUILD Act of 2018 (division F of Public Law 115–254) may only be transferred from funds made available under title III of this Act, and such amounts shall not exceed $50,000,000: Provided, That any such transfers shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations: Provided further, That the Secretary of State, the Administrator of the United States Agency for International Development, and the Chief Executive Officer of the United States International Development Finance Corporation (the Corporation), as appropriate, shall ensure that the programs funded by such transfers are coordinated with, and complement, foreign assistance programs implemented by the Department of State and USAID: Provided further, That no funds transferred pursuant to such authority or transferred pursuant to the authority of subsection (a) or (b) of section 632 of the Foreign Assistance Act of 1961 may be used by the Corporation to post personnel abroad or for activities described in section 1421(c) of the BUILD Act of 2018.
- (d) Transfer of funds between accounts— None of the funds made available under titles II through V of this Act may be obligated under an appropriations account to which such funds were not appropriated, except for transfers specifically provided for in this Act, unless the President, not less than 5 days prior to the exercise of any authority contained in the Foreign Assistance Act of 1961 to transfer funds, consults with and provides a written policy justification to the Committees on Appropriations.
- (e) Audit of <del>inter-agency </del><ins>inter-Agency </ins>transfers of funds— Any agreement for the transfer or allocation of funds appropriated by this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs entered into between the Department of State or USAID and another agency of the United States Government under the authority of section 632(a) of the Foreign Assistance Act of 1961, or any comparable provision of law, shall expressly provide that the Inspector General (IG) for the agency receiving the transfer or allocation of such funds, or other entity with audit responsibility if the receiving agency does not have an IG, shall perform periodic program and financial audits of the use of such funds and report to the Department of State or USAID, as appropriate, upon completion of such audits: Provided, That such audits shall be transmitted to the Committees on Appropriations by the Department of State or USAID, as appropriate: Provided further, That funds transferred under such authority may be made available for the cost of such audits.
- (f) Transfer of overseas contingency operations/Global war on terrorism funds— Funds appropriated by this Act under the headings “Peacekeeping Operations” and “Foreign Military Financing Program” that are designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985 may be transferred to, and merged with, such funds appropriated under such headings: Provided, That such transfer authority may only be exercised to address contingencies: Provided further, That such transfer authority is in addition to any transfer authority otherwise available under any other provision of law, including section 610 of the Foreign Assistance Act of 1961: Provided further, That such transfer authority shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations.

## Sec. 7010 (unnamed section)

- (a) First-Class travel— None of the funds made available by this Act may be used for first-class travel by employees of United States Government departments and agencies funded by this Act in contravention of section 301–10.122 through 301–10.124 of title 41, Code of Federal Regulations.
- (b) Computer networks— None of the funds made available by this Act for the operating expenses of any United States Government department or agency may be used to establish or maintain a computer network for use by such department or agency unless such network has filters designed to block access to sexually explicit websites: Provided, That nothing in this subsection shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency, or any other entity carrying out the following activities: criminal investigations, prosecutions, and adjudications; administrative discipline; and the monitoring of such websites undertaken as part of official business.
- (c) Prohibition on promotion of tobacco— None of the funds made available by this Act shall be available to promote the sale or export of tobacco or tobacco <del>products, </del><ins>products (including electronic nicotine delivery systems), </ins>or to seek the reduction or removal by any foreign country of restrictions on the marketing of tobacco or tobacco <del>products, </del><ins>products (including electronic nicotine delivery systems), </ins>except for restrictions which are not applied equally to all tobacco or tobacco products <ins>(including electronic nicotine delivery systems) </ins>of the same type.
- (d) Email servers outside the .gov domain— None of the funds appropriated by this Act under the headings “Diplomatic Programs” and “Capital Investment Fund” in title I, and “Operating Expenses” and “Capital Investment Fund” in title II that are made available to the Department of State and the United States Agency for International Development may be made available to support the use or establishment of email accounts or email servers created outside the .gov domain or not fitted for automated records management as part of a Federal government records management program in contravention of the Presidential and Federal Records Act Amendments of 2014 (Public Law 113–187).
- (e) Representation and entertainment expenses— Each Federal department, agency, or entity funded in <del>titles </del><ins>title </ins>I or II of this Act, and the Department of the Treasury and independent agencies funded in <del>titles </del><ins>title </ins>III or VI of this Act, shall take steps to ensure that domestic and overseas representation and entertainment expenses further official agency business and United States foreign policy interests, and—
  - (1) are primarily for fostering relations outside of the Executive Branch;
  - (2) are principally for meals and events of a protocol nature;
  - (3) are not for employee-only events; and
  - (4) do not include activities that are substantially of a recreational character.
- (f) Limitations on entertainment expenses— None of the funds appropriated or otherwise made available by this Act under the headings “International Military Education and Training” or “Foreign Military Financing Program” for Informational Program activities or under the headings “Global Health Programs”, “Development Assistance”, “Economic Support Fund”, and “Assistance for Europe, Eurasia and Central Asia” may be obligated or expended to pay for—
  - (1) alcoholic beverages; or
  - (2) entertainment expenses for activities that are substantially of a recreational character, including entrance fees at sporting events, theatrical and musical productions, and amusement parks.

## Sec. 7013 (unnamed section)

- (a) Prohibition on taxation— None of the funds appropriated under titles III through VI of this Act may be made available to provide assistance for a foreign country under a new bilateral agreement governing the terms and conditions under which such assistance is to be provided unless such agreement includes a provision stating that assistance provided by the United States shall be exempt from taxation, or reimbursed, by the foreign government, and the Secretary of State and the Administrator of the United States Agency for International Development shall expeditiously seek to negotiate amendments to existing bilateral agreements, as necessary, to conform with this requirement.
- (b) Notification and reimbursement of foreign taxes—
  - (1) An amount equivalent to 200 percent of the total taxes assessed during fiscal year 2021 on funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs by a foreign government or entity against United States assistance programs, either directly or through grantees, contractors, and subcontractors, shall be withheld from obligation from funds appropriated for assistance for fiscal year 2022 and for prior fiscal years and allocated for the central government of such country or for the West Bank and Gaza program, as applicable, if, not later than September 30, 2022, such taxes have not been reimbursed.
  - (2) The Secretary of State shall report to the Committees on Appropriations not later than 30 days after enactment of this Act and then quarterly thereafter until September 30, 2021, on the foreign governments and entities that have not reimbursed such taxes, including any amount of funds withheld pursuant to this subsection.
- (c) De minimis exception— Foreign taxes of a de minimis nature shall not be subject to the provisions of subsection (b).
- (d) Reprogramming of funds— Funds withheld from obligation for each foreign government or entity pursuant to subsection (b) shall be reprogrammed for assistance for countries which do not assess taxes on United States assistance or which have an effective arrangement that is providing substantial reimbursement of such taxes, and that can reasonably accommodate such assistance in a programmatically responsible manner.
- (e) Determinations—
  - (1) In general— The provisions of this section shall not apply to any foreign government or entity that assesses such taxes if the Secretary of State reports to the Committees on Appropriations that—
    - (A) such foreign government or entity has an effective arrangement that is providing substantial reimbursement of such taxes; or
    - (B) the foreign policy interests of the United States outweigh the purpose of this section to ensure that United States assistance is not subject to taxation.
  - (2) Consultation— The Secretary of State shall consult with the Committees on Appropriations at least 15 days prior to exercising the authority of this subsection with regard to any foreign government or entity.
- (f) Implementation— The Secretary of State shall issue and update rules, regulations, or policy guidance, as appropriate, to implement the prohibition against the taxation of assistance contained in this section.
- (g) Definitions— As used in this section:
  - (1) Bilateral agreement— The term <del>“bilateral agreement” </del><ins>bilateral agreement </ins>refers to a framework bilateral agreement between the Government of the United States and the government of the country receiving assistance that describes the privileges and immunities applicable to United States foreign assistance for such country generally, or an individual agreement between the Government of the United States and such government that describes, among other things, the treatment for tax purposes that will be accorded the United States assistance provided under that agreement.
  - (2) Taxes and taxation— The term <del>“taxes </del><ins>taxes </ins>and <del>taxation” </del><ins>taxation </ins>shall include value added taxes and customs duties but shall not include individual income taxes assessed to local staff.

## Sec. 7015 (unnamed section)

- (a) Notification of changes in programs, projects, and activities— None of the funds made available in titles I and II of this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs to the departments and agencies funded by this Act that remain available for obligation in fiscal year 2021, or provided from any accounts in the Treasury of the United States derived by the collection of fees or of currency reflows or other offsetting collections, or made available by transfer, to the departments and agencies funded by this Act, shall be available for obligation to—
  - (1) create new programs;
  - (2) suspend or eliminate a program, project, or activity;
  - (3) close, suspend, open, or reopen a mission or post;
  - (4) create, close, reorganize, downsize, or rename bureaus, centers, or offices; or
  - (5) contract out or privatize any functions or activities presently performed by Federal employees;
- (b) Notification of reprogramming of funds— None of the funds provided under titles I and II of this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs, to the departments and agencies funded under titles I and II of this Act that remain available for obligation in fiscal year 2021, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the department and agency funded under title I of this Act, shall be available for obligation or expenditure for programs, projects, or activities through a reprogramming of funds in excess of $1,000,000 or 10 percent, whichever is less, that—
  - (1) augments or changes existing programs, projects, or activities;
  - (2) relocates an existing office or employees;
  - (3) reduces by 10 percent funding for any existing program, project, or activity, or numbers of personnel by 10 percent as approved by Congress; or
  - (4) results from any general savings, including savings from a reduction in personnel, which would result in a change in existing programs, projects, or activities as approved by Congress;
- (c) Notification requirement— None of the funds made available by this Act under the headings “Global Health Programs”, “Development Assistance”, “International Organizations and Programs”, “Trade and Development Agency”, “International Narcotics Control and Law Enforcement”, “Economic Support Fund”, “Democracy Fund”, “Assistance for Europe, Eurasia and Central Asia”, “Peacekeeping Operations”, “Nonproliferation, Anti-terrorism, Demining and Related Programs”, “Millennium Challenge Corporation”, “Foreign Military Financing Program”, “International Military Education and Training”, “United States International Development Finance Corporation”, and “Peace Corps”, shall be available for obligation for programs, projects, activities, type of materiel assistance, countries, or other operations not justified or in excess of the amount justified to the Committees on Appropriations for obligation under any of these specific headings unless the Committees on Appropriations are notified 15 days in advance of such obligation: Provided, That the President shall not enter into any commitment of funds appropriated for the purposes of section 23 of the Arms Export Control Act for the provision of major defense equipment, other than conventional ammunition, or other major defense items defined to be aircraft, ships, missiles, or combat vehicles, not previously justified to Congress or 20 percent in excess of the quantities justified to Congress unless the Committees on Appropriations are notified 15 days in advance of such commitment: Provided further, That requirements of this subsection or any similar provision of this or any other Act shall not apply to any reprogramming for a program, project, or activity for which funds are appropriated under titles III through VI of this Act of less than 10 percent of the amount previously justified to Congress for obligation for such program, project, or activity for the current fiscal year: Provided further, That any notification submitted pursuant to subsection (f) of this section shall include information (if known on the date of transmittal of such notification) on the use of notwithstanding authority.
- (d) Department of defense programs and funding notifications—
  - (1) Programs— None of the funds appropriated by this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs may be made available to support or continue any program initially funded under any authority of title 10, United States Code, or any Act making or authorizing appropriations for the Department of Defense, unless the Secretary of State, in consultation with the Secretary of Defense and in accordance with the regular notification procedures of the Committees on Appropriations, submits a justification to such Committees that includes a description of, and the estimated costs associated with, the support or continuation of such program.
  - (2) Funding— Notwithstanding any other provision of law, funds transferred by the Department of Defense to the Department of State and the United States Agency for International Development for assistance for foreign countries and international organizations shall be subject to the regular notification procedures of the Committees on Appropriations.
  - (3) Notification on excess defense articles— Prior to providing excess Department of Defense articles in accordance with section 516(a) of the Foreign Assistance Act of 1961, the Department of Defense shall notify the Committees on Appropriations to the same extent and under the same conditions as other committees pursuant to subsection (f) of that section: Provided, That before issuing a letter of offer to sell excess defense articles under the Arms Export Control Act, the Department of Defense shall notify the Committees on Appropriations in accordance with the regular notification procedures of such Committees if such defense articles are significant military equipment (as defined in section 47(9) of the Arms Export Control Act) or are valued (in terms of original acquisition cost) at $7,000,000 or more, or if notification is required elsewhere in this Act for the use of appropriated funds for specific countries that would receive such excess defense articles: Provided further, That such Committees shall also be informed of the original acquisition cost of such defense articles.
- (e) Waiver— The requirements of this section or any similar provision of this Act or any other Act, including any prior Act requiring notification in accordance with the regular notification procedures of the Committees on Appropriations, may be waived for demining activities and funds made available under the headings “Administration of Foreign Affairs”, “Global Health Programs”, and “Peace Corps” if failure to do so would pose a substantial risk to human health or welfare: Provided, That in case of any such waiver, notification to the Committees on Appropriations shall be provided as early as practicable, but in no event later than 3 days after taking the action to which such notification requirement was applicable, in the context of the circumstances necessitating such waiver: Provided further, That any notification provided pursuant to such a waiver shall contain an explanation of the emergency circumstances.
- (f) Country notification requirements— None of the funds appropriated under titles III through VI of this Act may be obligated or expended for assistance for Afghanistan, Bahrain, Burma, Cambodia, Colombia, Cuba, Egypt, El Salvador, Ethiopia, Greenland, Guatemala, Haiti, Honduras, Iran, Iraq, Lebanon, Libya, Mexico, Nicaragua, Pakistan, Philippines, the Russian Federation, Somalia, South Sudan, Sri Lanka, Sudan, Syria, Uzbekistan, Venezuela, Yemen, and Zimbabwe except as provided through the regular notification procedures of the Committees on Appropriations.
- (g) Trust funds— Funds appropriated or otherwise made available in title III of this Act and prior Acts making funds available for the Department of State, foreign operations, and related programs that are made available for a trust fund held by an international financial institution shall be subject to the regular notification procedures of the Committees on Appropriations and such notification shall include the information specified under this section in the report accompanying this Act.
- (h) Other program notification requirement—
  - (1) Diplomatic programs— Funds appropriated under title I of this Act under the heading “Diplomatic Programs” that are made available for lateral entry into the Foreign Service shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations.
  - (2) Other programs— Funds appropriated by this Act that are made available for the following programs and activities shall be subject to the regular notification procedures of the Committees on <del>Appropriations:</del><ins>Appropriations—</ins>
    - (A) the Global Engagement Center, except that the Secretary of State shall consult with the Committees on Appropriations prior to submitting such notification;
    - (B) the Power Africa and Prosper Africa initiatives, or any successor programs;
    - (C) community-based police assistance conducted pursuant to the authority of section 7035(a)(1) of this Act;
    - (D) the Prevention and Stabilization Fund;
    - (E) the Indo-Pacific Strategy and the Countering Chinese Influence Fund;
    - (F) the Global Security Contingency Fund;
    - (G) the Countering Russian Influence Fund;
    - (H) programs to end modern slavery; and
    - (I) the <del>Women's </del><ins>Women’s </ins>Global Development and Prosperity Fund.
- (i) Withholding of funds— Funds appropriated by this Act under titles III and IV that are withheld from obligation or otherwise not programmed as a result of application of a provision of law in this or any other Act shall, if reprogrammed, be subject to the regular notification procedures of the Committees on Appropriations.
- (j) Foreign assistance review or realignment— Programmatic, funding, and organizational changes resulting from implementation of any foreign assistance review or realignment shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations: Provided, That such notifications may be submitted in classified form, if necessary.

## Sec. 7034 (unnamed section)

- (a) Victims of war, displaced children, and displaced Burmese— Funds appropriated in titles III and VI of this Act that are made available for victims of war, displaced children, displaced Burmese, and to combat trafficking in persons and assist victims of such trafficking, may be made available notwithstanding any other provision of law.
- (b) Forensic assistance—
  - (1) Of the funds appropriated by this Act under the heading “Economic Support Fund”, not less than $10,000,000 shall be made available for forensic anthropology assistance related to the exhumation and identification of victims of war crimes, crimes against humanity, and genocide, which shall be administered by the Assistant Secretary for Democracy, Human Rights, and Labor, Department of State: Provided, That such funds shall be in addition to funds made available by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs for assistance for countries.
  - (2) Of the funds appropriated by this Act under the heading “International Narcotics Control and Law Enforcement”, not less than $10,000,000 shall be made available for DNA forensic technology programs to combat human trafficking in Central America and Mexico.
- (c) Atrocities prevention— Of the funds appropriated by this Act under the headings “Economic Support Fund” and “International Narcotics Control and Law Enforcement”, not less than $5,000,000 shall be made available for programs to prevent atrocities, including to implement recommendations of the Atrocities Prevention Board: Provided, That funds made available pursuant to this subsection are in addition to amounts otherwise made available for such purposes: Provided further, That such funds shall be subject to the regular notification procedures of the Committees on Appropriations.
- (d) World food programme— Funds managed by the Bureau for Humanitarian Assistance, United States Agency for International Development, from this or any other Act, may be made available as a general contribution to the World Food Programme, notwithstanding any other provision of law.
- (e) Directives and authorities—
  - (1) Research and training— Funds appropriated by this Act under the heading “Assistance for Europe, Eurasia and Central Asia” shall be made available to carry out the Program for Research and Training on Eastern Europe and the Independent States of the Former Soviet Union as authorized by the Soviet-Eastern European Research and Training Act of 1983 (22 U.S.C. 4501 et seq.).
  - (2) Genocide victims memorial sites— Funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs under the headings “Economic Support Fund” and “Assistance for Europe, Eurasia and Central Asia” may be made available as contributions to establish and maintain memorial sites of genocide, subject to the regular notification procedures of the Committees on Appropriations.
  - (3) Private sector partnerships— Of the funds appropriated by this Act under the headings “Development Assistance” and “Economic Support Fund” that are made available for private sector partnerships, up to $50,000,000 may remain available until September 30, 2023: Provided, That funds made available pursuant to this paragraph may only be made available following prior consultation with the appropriate congressional committees, and the regular notification procedures of the Committees on Appropriations.
  - (4) Additional authorities— Of the amounts made available by title I of this Act under the heading “Diplomatic Programs”, up to $500,000 may be made available for grants pursuant to section 504 of the Foreign Relations Authorization Act, Fiscal Year 1979 (22 U.S.C. 2656d), including to facilitate collaboration with indigenous communities, and up to $1,000,000 may be made available for grants to carry out the activities of the Cultural Antiquities Task Force.
  - (5) Innovation— The USAID Administrator may use funds appropriated by this Act under title III to make innovation incentive awards in accordance with the terms and conditions of section 7034(e)(4) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2019 (division F of Public Law 116–6): Provided, That each individual award may not exceed $100,000: Provided further, That no more than 15 such awards may be made during fiscal year 2021.
  - (6) Exchange visitor program— None of the funds made available by this Act may be used to modify the Exchange Visitor Program administered by the Department of State to implement the Mutual Educational and Cultural Exchange Act of 1961 (Public Law 87–256; 22 U.S.C. 2451 et seq.), except through the formal rulemaking process pursuant to the Administrative Procedure Act (5 U.S.C. 551 et seq.) and notwithstanding the exceptions to such rulemaking process in such Act: Provided, That funds made available for such purpose shall only be made available after consultation with, and subject to the regular notification procedures of, the Committees on Appropriations, regarding how any proposed modification would affect the public diplomacy goals of, and the estimated economic impact on, the United States: Provided further, That such consultation shall take place not later than 30 days prior to the publication in the Federal Register of any regulatory action modifying the Exchange Visitor Program.
  - (7) International fairs and expositions— Notwithstanding section 204 of the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (22 U.S.C. 2452b), funds appropriated by this Act under the heading “Diplomatic Programs” for this fiscal year may be made available for United States participation in international fairs and expositions abroad, including for construction and operation of United States pavilions or other major exhibits, subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations: Provided, That any such funds shall be made available on a cost matching basis from sources other than the United States Government, to the maximum extent practicable: Provided further, That funds made available pursuant to this paragraph may not be used to reimburse any participation in international fairs and expositions abroad that took place prior to the date of enactment of this Act: Provided further, That the Office of Inspector General, Department of State, shall conduct a financial and performance audit and issue a report on the use of such authority.
  - (8) World tourism organization— Notwithstanding any other provision of law, the President is authorized to accept the statutes of, and to maintain membership of the United States in, the United Nations World Tourism Organization, and the United <del>States' </del><ins>States’ </ins>assessed contributions to maintain such membership may be paid from funds appropriated for “Contributions to International Organizations”.
- (f) Partner vetting— Prior to initiating a partner vetting program, or making significant changes to the scope of an existing partner vetting program, the Secretary of State and USAID Administrator, as appropriate, shall consult with the Committees on Appropriations: Provided, That the Secretary and the Administrator shall provide a direct vetting option for prime awardees in any partner vetting program initiated or significantly modified after the date of enactment of this Act, unless the Secretary of State or USAID Administrator, as applicable, informs the Committees on Appropriations on a case-by-case basis that a direct vetting option is not feasible for such program.
- (g) Contingencies— During fiscal year 2021, the President may use up to $125,000,000 under the authority of section 451 of the Foreign Assistance Act of 1961, notwithstanding any other provision of law.
- (h) International child abductions— The Secretary of State should withhold funds appropriated under the heading “Economic Support Fund” and under title IV of this Act for assistance for the central government of any country that is not taking appropriate steps to comply with the Convention on the Civil Aspects of International Child Abductions, done at the Hague on October 25, 1980: Provided, That the Secretary shall report to the Committees on Appropriations within 15 days of withholding funds under this subsection.
- (i) Transfer of funds for extraordinary protection— The Secretary of State may transfer to, and merge with, funds under the heading “Protection of Foreign Missions and Officials” unobligated balances of expired funds appropriated under the heading “Diplomatic Programs” for fiscal year 2021, except for funds designated for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985, at no later than the end of the fifth fiscal year after the last fiscal year for which such funds are available for the purposes for which appropriated: Provided, That not more than $50,000,000 may be transferred.
- (j) Authority— Funds made available by this Act under the heading “Economic Support Fund” to counter extremism may be made available notwithstanding any other provision of law restricting assistance to foreign countries, except sections 502B, 620A, and 620M of the Foreign Assistance Act of 1961: Provided, That the use of the authority of this subsection shall be subject to prior consultation with the appropriate congressional committees and the regular notification procedures of the Committees on Appropriations.
- (k) Protections and remedies for employees of diplomatic missions and international organizations— The Secretary of State shall implement section 203(a)(2) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (Public Law 110–457): Provided, That in addition to suspension on the basis of an unpaid default or final civil judgment directly or indirectly related to human trafficking against the employer or a family member assigned to an embassy, suspension on this basis should also apply to an employer or family member assigned to any diplomatic mission, or any international organization: Provided further, That the Secretary of State should assist in obtaining payment of final court judgments awarded to A–3 and G–5 visa holders, including encouraging the sending states to provide compensation directly to victims: Provided further, That the Secretary shall include in the Trafficking in Persons annual report a concise summary of each trafficking case involving an A–3 or G–5 visa holder that meets one or more of the following criteria: (1) a final court judgment (including a default judgment) issued against a current or former employee of such diplomatic mission or international organization; (2) the issuance of a T-visa to the victim; or (3) a request by the Department of State to the sending state that immunity of individual diplomats or family members be waived to permit criminal prosecution.
- (l) Extension of authorities—
  - (1) Passport fees— Section 1(b)(2) of the Passport Act of June 4, 1920 (22 U.S.C. 214(b)(2)) shall be applied by substituting “September 30, 2021” for “September 30, 2010”.
  - (2) Incentives for critical posts— The authority contained in section 1115(d) of the Supplemental Appropriations Act, 2009 (Public Law 111–32) shall remain in effect through September 30, 2021.
  - (3) USAID civil service annuitant waiver— Section 625(j)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2385(j)(1)) shall be applied by substituting “September 30, 2021” for “October 1, 2010” in subparagraph (B).
  - (4) Overseas pay comparability and limitation—
    - (A) Subject to the limitation described in subparagraph (B), the authority provided by section 1113 of the Supplemental Appropriations Act, 2009 (Public Law 111–32) shall remain in effect through September 30, 2021.
    - (B) The authority described in subparagraph (A) may not be used to pay an eligible member of the Foreign Service (as defined in section 1113(b) of the Supplemental Appropriations Act, 2009 (Public Law 111–32)) a locality-based comparability payment (stated as a percentage) that exceeds two-thirds of the amount of the locality-based comparability payment (stated as a percentage) that would be payable to such member under section 5304 of title 5, United States Code, if such member’s official duty station were in the District of Columbia.
  - (5) Categorical eligibility— The Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101–167) is amended—
    - (A) in section 599D (8 U.S.C. 1157 note)—
      - (i) in subsection (b)(3), by striking “and 2020” and inserting “2020, and 2021”; and
      - (ii) in subsection (e), by striking “2020” each place it appears and inserting “2021”; and
    - (B) in section 599E(b)(2) (8 U.S.C. 1255 note), by striking “2020” and inserting “2021”.
  - (6) Inspector general annuitant waiver— The authorities provided in section 1015(b) of the Supplemental Appropriations Act, 2010 (Public Law 111–212) shall remain in effect through September 30, 2021, and may be used to facilitate the assignment of persons for oversight of programs in Syria, South Sudan, Yemen, Somalia, and Venezuela.
  - (7) Accountability review boards— The authority provided by section 301(a)(3) of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C. 4831(a)(3)) shall remain in effect for facilities in Afghanistan through September 30, 2021, except that the notification and reporting requirements contained in such section shall include the Committees on Appropriations.
  - (8) Special Inspector General for Afghanistan reconstruction competitive status— Notwithstanding any other provision of law, any employee of the Special Inspector General for Afghanistan Reconstruction (SIGAR) who completes at least 12 months of continuous service after enactment of this Act or who is employed on the date on which SIGAR terminates, whichever occurs first, shall acquire competitive status for appointment to any position in the competitive service for which the employee possesses the required qualifications.
  - (9) Transfer of balances— Section 7081(h) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2017 (division J of Public Law 115–31) shall continue in effect during fiscal year 2021.
  - (10) Department of state inspector general waiver authority— The Inspector General of the Department of State may waive the provisions of subsections (a) through (d) of section 824 of the Foreign Service Act of 1980 (22 U.S.C. 4064) on a case-by-case basis for an annuitant reemployed by the Inspector General on a temporary basis, subject to the same constraints and in the same manner by which the Secretary of State may exercise such waiver authority pursuant to subsection (g) of such section.
  - (11) Afghan allies— Section 602(b)(3)(F) of the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note) is amended—
    - (A) in the heading, by striking “2015 through 2020” and inserting “2015 through 2021”;
    - (B) in the matter preceding clause (i), by striking “22,500” and inserting “26,500”; and
    - (C) in clauses (i) and (ii), by striking “December 31, 2021” and inserting “December 31, 2022”.
- (m) Monitoring and evaluation— Funds appropriated by this Act that are made available for monitoring and evaluation of assistance under the headings “Development Assistance”, “International Disaster Assistance”, and “Migration and Refugee Assistance” shall, as appropriate, be made available for the regular collection of feedback obtained directly from beneficiaries to enhance the quality and relevance of such assistance: Provided, That the Department of State and USAID shall establish, and post on their respective websites, updated procedures for implementing partners that receive funds under such headings for regularly collecting and responding to such feedback, including guidelines for the reporting on actions taken in response to the feedback received: Provided further, That the Department of State and USAID shall regularly conduct oversight to ensure that such feedback is regularly collected and used by implementing partners to maximize the cost-effectiveness and utility of such assistance.
- (n) Loans, consultation, and notification—
  - (1) Loan guarantees— Funds appropriated under the headings “Economic Support Fund” and “Assistance for Europe, Eurasia and Central Asia” by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs may be made available for the costs, as defined in section 502 of the Congressional Budget Act of 1974, of loan guarantees for Egypt, Jordan, Tunisia, and Ukraine, which are authorized to be provided: Provided, That amounts made available under this paragraph for the costs of such guarantees shall not be considered assistance for the purposes of provisions of law limiting assistance to a country.
  - (2) Designation requirement— Funds made available pursuant to paragraph (1) from prior Acts making appropriations for the Department of State, foreign operations, and related programs that were previously designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985 are designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of such Act.
  - (3) Consultation and notification— Funds made available pursuant to the authorities of this subsection shall be subject to prior consultation with the appropriate congressional committees and the regular notification procedures of the Committees on Appropriations.
- (o) Local works—
  - (1) Funding— Of the funds appropriated by this Act under the headings “Development Assistance” and “Economic Support Fund”, not less than $50,000,000 <ins>(increased by $5,000,000) </ins>shall be made available for Local Works pursuant to section 7080 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015 (division J of Public Law 113–235), which may remain available until September 30, 2025.
  - (2) Eligible entities— For the purposes of section 7080 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015 (division J of Public Law 113–235), “eligible entities” shall be defined as small local, international, and United States-based nongovernmental organizations, educational institutions, and other small entities that have received less than a total of $5,000,000 from USAID over the previous 5 fiscal years: Provided, That departments or centers of such educational institutions may be considered individually in determining such eligibility.
- (p) Definitions—
  - (1) Appropriate congressional committees— Unless otherwise defined in this Act, for purposes of this Act the term appropriate congressional committees means the Committees on Appropriations and Foreign Relations of the Senate and the Committees on Appropriations and Foreign Affairs of the House of Representatives.
  - (2) Funds appropriated by this act and prior acts— Unless otherwise defined in this Act, for purposes of this Act the term funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs means funds that remain available for obligation, and have not expired.
  - (3) International financial institutions— In this Act “international financial institutions” means the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Inter-American Development Bank, the International Monetary Fund, the International Fund for Agricultural Development, the Asian Development Bank, the Asian Development Fund, the Inter-American Investment Corporation, the North American Development Bank, the European Bank for Reconstruction and Development, the African Development Bank, the African Development Fund, and the Multilateral Investment Guarantee Agency.
  - (4) USAID— In this Act, the term USAID means the United States Agency for International Development.
  - (5) Spend plan— In this Act, the term spend plan means a plan for the uses of funds appropriated for a particular entity, country, program, purpose, or account and which shall include, at a minimum, a description of—
    - (A) realistic and sustainable goals, criteria for measuring progress, and a timeline for achieving such goals;
    - (B) amounts and sources of funds by account;
    - (C) how such funds will complement other ongoing or planned programs; and
    - (D) implementing partners, to the maximum extent practicable.
  - (6) Successor operating unit— Any reference to a particular USAID operating unit or office in this or prior Acts making appropriations for the Department of State, foreign operations, and related programs shall be deemed to include any successor operating unit or office performing the same or similar functions.
  - (7) This Act— Except as expressly provided otherwise, any reference to “this Act” contained in titles I through VIII shall be treated as referring only to the provisions of such titles.

## Sec. 7039 (unnamed section)

- (a) Oversight— For fiscal year 2021, 30 days prior to the initial obligation of funds for the bilateral West Bank and Gaza Program, the Secretary of State shall certify to the Committees on Appropriations that procedures have been established to assure the Comptroller General of the United States will have access to appropriate United States financial information in order to review the uses of United States assistance for the Program funded under the heading “Economic Support Fund” for the West Bank and Gaza.
- (b) Vetting— Prior to the obligation of funds appropriated by this Act under the heading “Economic Support Fund” for assistance for the West Bank and Gaza, the Secretary of State shall take all appropriate steps to ensure that such assistance is not provided to or through any individual, private or government entity, or educational institution that the Secretary knows or has reason to believe advocates, plans, sponsors, engages in, or has engaged in, terrorist activity nor, with respect to private entities or educational institutions, those that have as a principal officer of the <del>entity's </del><ins>entity’s </ins>governing board or governing board of trustees any individual that has been determined to be involved in, or advocating terrorist activity or determined to be a member of a designated foreign terrorist organization: Provided, That the Secretary of State shall, as appropriate, establish procedures specifying the steps to be taken in carrying out this subsection and shall terminate assistance to any individual, entity, or educational institution which the Secretary has determined to be involved in or advocating terrorist activity.
- (c) Prohibition—
  - (1) Recognition of acts of terrorism— None of the funds appropriated under titles III through VI of this Act for assistance under the West Bank and Gaza Program may be made available for—
    - (A) the purpose of recognizing or otherwise honoring individuals who commit, or have committed acts of terrorism; and
    - (B) any educational institution located in the West Bank or Gaza that is named after an individual who the Secretary of State determines has committed an act of terrorism.
  - (2) Security assistance and reporting requirement— Notwithstanding any other provision of law, none of the funds made available by this or prior appropriations Acts, including funds made available by transfer, may be made available for obligation for security assistance for the West Bank and Gaza until the Secretary of State reports to the Committees on Appropriations on the benchmarks that have been established for security assistance for the West Bank and Gaza and reports on the extent of Palestinian compliance with such benchmarks.
- (d) Oversight by the united states agency for international development—
  - (1) The Administrator of the United States Agency for International Development shall ensure that Federal or non-Federal audits of all contractors and grantees, and significant subcontractors and sub-grantees, under the West Bank and Gaza Program, are conducted at least on an annual basis to ensure, among other things, compliance with this section.
  - (2) Of the funds appropriated by this Act, up to $1,000,000 may be used by the Office of Inspector General of the United States Agency for International Development for audits, investigations, and other activities in furtherance of the requirements of this subsection: Provided, That such funds are in addition to funds otherwise available for such purposes.
- (e) Comptroller general of the united states audit— Subsequent to the certification specified in subsection (a), the Comptroller General of the United States shall conduct an audit and an investigation of the treatment, handling, and uses of all funds for the bilateral West Bank and Gaza Program, including all funds provided as cash transfer assistance, in fiscal year 2021 under the heading “Economic Support Fund”, and such audit shall address—
  - (1) the extent to which such Program complies with the requirements of subsections (b) and (c); and
  - (2) an examination of all programs, projects, and activities carried out under such Program, including both obligations and expenditures.
- (f) Notification procedures— Funds made available in this Act for West Bank and Gaza shall be subject to the regular notification procedures of the Committees on Appropriations.

## Sec. 7043 (unnamed section)

- (a) Burma—
  - (1) Bilateral economic assistance—
    - (A) Funds appropriated under title III of this Act for assistance for Burma—
      - (i) may be made available notwithstanding any other provision of law, except for this subsection, and following consultation with the Committees on Appropriations;
      - (ii) may be made available for ethnic groups and civil society in Burma to help sustain ceasefire agreements and further prospects for reconciliation and peace, which may include support to representatives of ethnic armed groups for this purpose; and
      - (iii) shall be made available for programs to strengthen independent media and civil society organizations, to promote ethnic and religious tolerance, and to combat gender-based violence, including in Kachin, Karen, Rakhine, and Shan states and for the purposes enumerated under this section in the report accompanying this Act.
    - (B) Funds appropriated under title III of this Act for assistance for Burma shall be made available for community-based organizations operating in Thailand to provide food, medical, and other humanitarian assistance to internally displaced persons in eastern Burma, in addition to assistance for Burmese refugees from funds appropriated by this Act under the heading “Migration and Refugee Assistance”: Provided, That such funds may be available for programs to support the return of Kachin, Karen, Rohingya, Shan, and other refugees and internally displaced persons to their locations of origin or preference in Burma only if such returns are voluntary and consistent with international law.
    - (C) Funds appropriated under title III of this Act for assistance for Burma that are made available for assistance for the Government of Burma to support the implementation of Nationwide Ceasefire Agreement conferences, committees, and other procedures may only be made available if the Secretary of State reports to the Committees on Appropriations that such conferences, committees, and procedures are directed toward a sustainable peace and the Government of Burma is implementing its commitments under such Agreement.
  - (2) International security assistance— None of the funds appropriated by this Act under the headings “International Military Education and Training” and “Foreign Military Financing Program” may be made available for assistance for Burma: Provided, That the Department of State may continue consultations with the armed forces of Burma only on human rights and disaster response in a manner consistent with the prior fiscal year, and following consultation with the appropriate congressional committees.
  - (3) Limitations— None of the funds appropriated under title III of this Act for assistance for Burma may be made available to any organization or entity controlled by the armed forces of Burma, or to any individual or organization that has committed a gross violation of human rights or advocates violence against ethnic or religious groups or individuals in Burma, as determined by the Secretary of State for programs administered by the Department of State and USAID or the President of the National Endowment for Democracy (NED) for programs administered by NED.
  - (4) Consultation— Any new program or activity in Burma initiated in fiscal year 2021 shall be subject to prior consultation with the appropriate congressional committees.
- (b) Cambodia—
  - (1) Assistance— Funds appropriated under title III of this Act, shall be made available for assistance for Cambodia.
  - (2) Determination and exceptions—
    - (A) Determination— None of the funds appropriated by this Act that are made available for assistance for the Government of Cambodia may be obligated or expended unless the Secretary of State determines and reports to the Committees on Appropriations that such Government is taking effective steps to—
      - (i) strengthen regional security and stability, particularly regarding territorial disputes in the South China Sea and the enforcement of international sanctions with respect to North Korea;
      - (ii) cease violence and harassment against civil society in Cambodia, including the political opposition, and dismiss any politically motivated criminal charges against those who criticize the government; and
      - (iii) respect the rights, freedoms, and responsibilities enshrined in the Constitution of the Kingdom of Cambodia as enacted in 1993.
    - (B) Exceptions— The determination required by subparagraph (A) shall not apply to funds appropriated by this Act and made available for democracy, health, education, and environment programs, programs to strengthen the sovereignty of Cambodia, and programs to educate and inform the people of Cambodia of the influence efforts of the People’s Republic of China in Cambodia.
  - (3) Uses of funds— Funds appropriated under title III of this Act for assistance for Cambodia may be made available for—
    - (A) research and education programs associated with the Khmer Rouge in Cambodia; and
    - (B) programs in the Khmer language to monitor, map, and publicize the efforts by the People’s Republic of China to expand its influence in Cambodia.
- (c) Indo-Pacific Strategy and the Countering Chinese Influence Fund—
  - (1) Assistance— Funds appropriated under titles III and IV of this Act shall be made available to support the implementation of the Indo-Pacific Strategy and the Asia Reassurance Initiative Act of 2018 (Public Law 115–409).
  - (2) Countering chinese influence fund— Funds appropriated by this Act under the headings “Development Assistance”, “Economic Support Fund”, “International Narcotics Control and Law Enforcement”, and “Foreign Military Financing Program”, may be made available for a Countering Chinese Influence Fund to counter the influence of the People’s Republic of China globally, which shall be subject to prior consultation with the Committees on Appropriations.
  - (3) Restriction on uses of funds— None of the funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs may be made available for any project or activity that directly supports or promotes—
    - (A) the Belt and Road Initiative or any dual-use infrastructure projects of the People’s Republic of China; and
    - (B) the use of technology, including biotechnology, digital, telecommunications, and cyber, developed by the People’s Republic of China unless the Secretary of State, in consultation with the USAID Administrator, determines that such use does not adversely impact the national security of the United States.
- (d) North Korea—
  - (1) Report— The Secretary of State shall submit the report required by section 209 of the North Korea Sanctions and Policy Enhancement Act of 2016 (Public Law 114–122; 22 U.S.C. 9229) to the Committees on Appropriations.
  - (2) Broadcasts— Funds appropriated by this Act under the heading “International Broadcasting Operations” shall be made available to maintain broadcasting hours into North Korea at levels not less than the prior fiscal year.
  - (3) Human rights promotion and limitation on use of funds—
    - (A) Funds appropriated by this Act under the headings “Economic Support Fund” and “Democracy Fund” shall be made available for the promotion of human rights in North Korea: Provided, That the authority of section 7032(b)(1) of this Act shall apply to such funds.
    - (B) None of the funds made available by this Act under the heading “Economic Support Fund” may be made available for assistance for the Government of North Korea.
- (e) <del>People's </del><ins>People’s </ins>republic of china—
  - (1) Limitation on use of funds— None of the funds appropriated under the heading “Diplomatic Programs” in this Act may be obligated or expended for processing licenses for the export of satellites of United States origin (including commercial satellites and satellite components) to the <del>People's </del><ins>People’s </ins>Republic of China (PRC) unless, at least 15 days in advance, the Committees on Appropriations are notified of such proposed action.
  - (2) <del>People's </del><ins>People’s </ins>liberation army— None of the funds appropriated or otherwise made available pursuant to this Act may be used to finance any grant, contract, or cooperative agreement with the People’s Liberation Army (PLA), or any entity that the Secretary of State has reason to believe is owned or controlled by, or an affiliate of, the PLA.
  - (3) Hong kong—
    - (A) Assistance— Funds appropriated by this Act under the heading “Democracy Fund” for the Human Rights and Democracy Fund of the Bureau of Democracy, Human Rights, and Labor, Department of State, shall be made available for democracy programs for Hong Kong, including legal and other support for democracy activists.
    - (B) Restriction— None of the funds appropriated by this Act may be made available to enterprises, organizations, or other entities in Hong Kong that receive funding from, or are supported by, the Government of the PRC.
    - (C) Report— Funds appropriated under title I of this Act shall be made available to prepare and submit to Congress the report required by section 301 of the United States-Hong Kong Policy Act of 1992 (22 U.S.C. 5731) pursuant to section 7043(f)(4)(B) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2020 (division G of Public Law 116–94), which shall also include a description of—
      - (i) actions taken by the Government of the PRC and the Hong Kong authorities to implement the decision approved by the National People’s Congress on May 28, 2020 for the Hong Kong Special Administration Region; and
      - (ii) actions taken by the Government of the PRC and the Hong Kong authorities to modify Hong Kong’s existing judicial systems and enforcement mechanisms in order to erode democratic rights and civil liberties protected under Hong Kong Basic Law.
    - (D) Visa restriction— Section 7031(c) of this Act shall be construed to apply to government officials and their immediate family members about whom the Secretary of State has credible information have been involved in implementing the decision approved by the National People’s Congress on May 28, 2020 for the Hong Kong Special Administration Region that undermines the autonomy and fundamental freedoms of the people of Hong Kong: Provided, That not later than 60 days after enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees describing the implementation of this subparagraph.
- (f) Philippines—
  - (1) None of the funds appropriated by this Act under the heading “International Narcotics Control and Law Enforcement” may be made available for counternarcotics assistance for the Philippines, except for drug demand reduction, maritime law enforcement, or transnational interdiction.
  - (2)
    - (A) None of the funds appropriated by this Act under the heading “Foreign Military Financing Program” may be made available for assistance for the Government of Philippines unless the Secretary of State determines and reports to the Committees on Appropriations that such Government is taking effective steps to promote human rights and strengthen accountability mechanisms.
    - (B) The Secretary of State may waive the restriction on assistance required by subparagraph (A) if the Secretary determines and reports to the Committees on Appropriations that providing such assistance is important to the national security interest of the United States, including a description of the national security interest served.
- (g) Tibet—
  - (1) Financing of projects in tibet— The Secretary of the Treasury should instruct the United States executive director of each international financial institution to use the voice and vote of the United States to support financing of projects in Tibet if such projects do not provide incentives for the migration and settlement of non-Tibetans into Tibet or facilitate the transfer of ownership of Tibetan land and natural resources to non-Tibetans, are based on a thorough needs-assessment, foster self-sufficiency of the Tibetan people and respect Tibetan culture and traditions, and are subject to effective monitoring.
  - (2) Programs for Tibetan communities—
    - (A) Notwithstanding any other provision of law, of the funds appropriated by this Act under the heading “Economic Support Fund”, not less than $8,000,000 shall be made available to nongovernmental organizations to support activities which preserve cultural traditions and promote sustainable development, education, and environmental conservation in Tibetan communities in the Tibet Autonomous Region and in other Tibetan communities in China.
    - (B) Of the funds appropriated by this Act under the heading “Economic Support Fund”, not less than $6,000,000 shall be made available for programs to promote and preserve Tibetan culture and language in the refugee and diaspora Tibetan communities, development, and the resilience of Tibetan communities and the Central Tibetan Administration in India and Nepal, and to assist in the education and development of the next generation of Tibetan leaders from such communities: Provided, That such funds are in addition to amounts made available in subparagraph (A) for programs inside Tibet.
    - (C) Of the funds appropriated by this Act under the heading “Economic Support Fund”, not less than $3,000,000 shall be made available for programs to strengthen the capacity of the Central Tibetan Administration: Provided, That such funds shall be administered by the United States Agency for International Development.
- (h) Vietnam— Funds appropriated under titles III and IV of this Act and made available for assistance for Vietnam, should be made available for—
  - (1) health and disability programs in areas sprayed with Agent Orange and contaminated with dioxin, to assist individuals with severe upper or lower body mobility impairment or cognitive or developmental disabilities; and
  - (2) activities related to the remediation of dioxin contaminated sites in Vietnam and may be made available for assistance for the Government of Vietnam, including the military, for such purposes, notwithstanding any other provision of law.

## Sec. 7045 (unnamed section)

- (a) Central America—
  - (1) Assistance—
    - (A) Fiscal year 2021— Of the funds appropriated by this Act under titles III and IV, not less than $519,885,000 shall be made available for assistance for Central America, including through the Central America Regional Security Initiative, of which not less than $420,790,000 shall be for assistance for El Salvador, Guatemala, and Honduras: Provided, That such assistance shall be prioritized for programs and activities that addresses the key factors that contribute to the migration of unaccompanied, undocumented minors to the United States and such funds shall be made available for global health, humanitarian, development, democracy, border security, and law enforcement programs for such countries, including for programs to reduce violence against women and girls and to combat corruption, and for support of commissions against corruption and impunity, as appropriate: Provided further, That not less than $45,000,000 shall be for support of offices of Attorneys General and of other entities and activities to combat corruption and impunity in such countries.
    - (B) Fiscal year 2020— Section 7045(a)(1)(A) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2020 (division G of Public Law 116–94) is amended by striking “$519,885,000 should ” and inserting in lieu thereof “$519,885,000 shall”.
  - (2) Northern triangle—
    - (A) Limitation on assistance to certain central governments— Of the funds made available pursuant to paragraph (1) under the heading “Economic Support Fund” and under title IV of this Act that are made available for assistance for each of the central governments of El Salvador, Guatemala, and Honduras, 50 percent may only be obligated after the Secretary of State certifies and reports to the appropriate congressional committees that such government is—
      - (i) combating corruption and impunity, including prosecuting corrupt government officials;
      - (ii) implementing reforms, policies, and programs to increase transparency and strengthen public institutions;
      - (iii) protecting the rights of civil society, opposition political parties, and the independence of the media;
      - (iv) providing effective and accountable law enforcement and security for its citizens, and upholding due process of law;
      - (v) implementing policies to reduce poverty and promote equitable economic growth and opportunity;
      - (vi) supporting the independence of the judiciary and of electoral institutions;
      - (vii) improving border security;
      - (viii) combating human smuggling and trafficking and countering the activities of criminal gangs, drug traffickers, and transnational criminal organizations; and
      - (ix) informing its citizens of the dangers of the journey to the southwest border of the United States.
    - (B) Reprogramming— If the Secretary is unable to make the certification required by subparagraph (A) for one or more of the governments, such assistance for such central government shall be reprogrammed for assistance for other countries in Latin America and the Caribbean, notwithstanding the minimum funding requirements of this subsection and of section 7019 of this Act: Provided, That any such reprogramming shall be subject to the regular notification procedures of the Committees on Appropriations.
    - (C) Exceptions— The limitation of subparagraph (A) shall not apply to funds appropriated by this Act that are made available for—
      - (i) the International Commission Against Impunity in El Salvador, and support of offices of Attorneys General and of other entities and activities related to combating corruption and impunity;
      - (ii) programs to combat gender-based violence;
      - (iii) humanitarian assistance; and
      - (iv) food security programs.
    - (D) Foreign military financing program— None of the funds appropriated by this Act under the heading “Foreign Military Financing Program” may be made available for assistance for El Salvador, Guatemala, or Honduras.
  - (3) Costa Rica— The Secretary of State shall report to the Committees on Appropriations in writing on American citizens detained in Costa Rica: Provided, That such report shall include the number of American citizens known to be detained and whether such individuals are serving sentences or in pre-trial detention, provided regular access to United States Consular officers, being treated humanely, and afforded access to legal representation: Provided further, That such report shall be updated every 45 days until September 30, 2022: Provided further, That such report shall be submitted in unclassified form, but may include a classified annex.
- (b) Colombia—
  - (1) Assistance— Of the funds appropriated by this Act under titles III and IV, not less than $457,253,000 shall be made available for assistance for Colombia: Provided, That such funds shall be made available for the programs and activities described under this section in the report accompanying this Act.
  - (2) Withholding of funds—
    - (A) Counternarcotics— Of the funds appropriated by this Act under the heading “International Narcotics Control and Law Enforcement” and made available for assistance for Colombia, 20 percent may be obligated only after the Secretary of State determines and reports to the Committees on Appropriations that the Government of Colombia is continuing to implement a national whole-of-government counternarcotics strategy intended to reduce by 50 percent cocaine production and coca cultivation levels in Colombia by 2023 and such program is not in violation of the 2016 peace accord between the Government of Colombia and the Revolutionary Armed Forces of Colombia.
    - (B) Human rights— Of the funds appropriated by this Act under the heading “Foreign Military Financing Program” and made available for assistance for Colombia, 20 percent may be obligated only after the Secretary of State determines and reports to the Committees on Appropriations that—
      - (i) the Special Jurisdiction for Peace and other judicial authorities are taking effective steps to hold accountable perpetrators of gross violations of human rights in a manner consistent with international law, including for command responsibility, and sentence them to deprivation of liberty;
      - (ii) the Government of Colombia is taking effective steps to prevent attacks against human rights defenders and other civil society activists, trade unionists, and journalists, and judicial authorities are prosecuting those responsible for such attacks;
      - (iii) the Government of Colombia is taking effective steps to protect Afro-Colombian and indigenous communities and is respecting their rights and territory;
      - (iv) senior military officers responsible for ordering, committing, and covering up cases of false positives are being held accountable, including removal from active duty if found guilty through criminal or disciplinary proceedings; and
      - (v) the Government of Colombia has investigated and is taking steps to hold accountable Government officials credibly alleged to have directed, authorized, or conducted illegal surveillance of political opponents, government officials, journalists, and human rights defenders, including the use of assets provided by the United States for combating counterterrorism and counternarcotics for such purposes.
  - (3) Exceptions— The limitations of paragraph (2) shall not apply to funds made available for aviation instruction and maintenance, and maritime and riverine security programs.
  - (4) Authority— Aircraft supported by funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs and made available for assistance for Colombia may be used to transport personnel and supplies involved in drug eradication and interdiction, including security for such activities, and to provide transport in support of alternative development programs and investigations by civilian judicial authorities.
- (c) Haiti—
  - (1) Certification— The certification requirement contained in section 7045(c)(1) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2020 (division G of Public Law 116–94) shall continue in effect during fiscal year 2021 and shall apply to funds appropriated by this Act under the headings “Development Assistance” and “Economic Support Fund” that are made available for assistance for Haiti.
  - (2) Haitian Coast Guard— The Government of Haiti shall be eligible to purchase defense articles and services under the Arms Export Control Act (22 U.S.C. 2751 et seq.) for the Coast Guard.
  - (3) Limitation— None of the funds made available by this Act may be used to provide assistance to the armed forces of Haiti.
- (d) The Caribbean— Of the funds appropriated by this Act under titles III and IV, not less than $74,800,000 shall be made available for the Caribbean Basin Security Initiative.
- (e) Venezuela—
  - (1) Of the funds appropriated by this Act under the heading “Economic Support Fund”, not less than $30,000,000 <ins>(increased by $3,000,000) </ins>shall be made available for democracy programs for Venezuela.
  - (2) Funds appropriated under title III of this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs shall be made available for assistance for communities in countries supporting or otherwise impacted by refugees from Venezuela, including Colombia, Peru, Ecuador, Curacao, and Trinidad and Tobago: Provided, That such amounts are in addition to funds otherwise made available for assistance for such countries, subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations.

## Sec. 7046 (unnamed section)

- (a) Georgia—
  - (1) Assistance— Of the funds appropriated by this Act under titles III and IV, not less than $132,025,000 shall be made available for assistance for Georgia.
  - (2) Withholding of funds— Of the funds appropriated by this Act under the heading “Assistance to Europe, Eurasia and Central Asia” and made available for assistance for the central Government of Georgia, 15 percent may not be obligated until the Secretary of State determines and reports to the Committees on Appropriations that such government is taking effective steps to—
    - (A) strengthen democratic institutions as described under this section in the report accompanying this Act;
    - (B) combat corruption within the government, including in the application of anti-corruption laws and regulations; and
    - (C) ensure the rule of law in the private sector is consistent with internationally recognized standards, including protecting the rights of foreign businesses to operate free from harassment and to fully realize all due commercial and financial benefits resulting from investments made in Georgia.
  - (3) Exemptions— The withholding in paragraph (2) of this subsection shall not apply to programs that support democracy, the rule of law, civil society and the media, or programs to reduce gender-based violence and to protect vulnerable populations.
  - (4) Waiver— The Secretary may waive the application of paragraph (2) if the Secretary determines and reports to the Committees on Appropriations that to do so is important to the national interest of the United States, including a description of the national interest served.
- (b) Ukraine— Of the funds appropriated by this Act under titles III and IV, not less than $453,000,000 shall be made available for assistance for Ukraine.
- (c) Territorial integrity— None of the funds appropriated by this Act may be made available for assistance for a government of an Independent State of the former Soviet Union if such government directs any action in violation of the territorial integrity or national sovereignty of any other Independent State of the former Soviet Union, such as those violations included in the Helsinki Final Act: Provided, That except as otherwise provided in section 7047(a) of this Act, funds may be made available without regard to the restriction in this subsection if the President determines that to do so is in the national security interest of the United States: Provided further, That prior to executing the authority contained in the previous proviso, the Secretary of State shall consult with the Committees on Appropriations on how such assistance supports the national security interest of the United States.
- (d) Section 907 of the freedom support act— Section 907 of the FREEDOM Support Act (22 U.S.C. 5812 note) shall not apply to—
  - (1) activities to support democracy or assistance under title V of the FREEDOM Support Act (22 U.S.C. 5851 et seq.) and section 1424 of the Defense Against Weapons of Mass Destruction Act of 1996 (50 U.S.C. 2333) or non-proliferation assistance;
  - (2) any assistance provided by the Trade and Development Agency under section 661 of the Foreign Assistance Act of 1961;
  - (3) any activity carried out by a member of the United States and Foreign Commercial Service while acting within his or her official capacity;
  - (4) any insurance, reinsurance, guarantee, or other assistance provided by the United States International Development Finance Corporation as authorized by the BUILD Act of 2018 (division F of Public Law 115–254);
  - (5) any financing provided under the Export-Import Bank Act of 1945 (Public Law 79–173); or
  - (6) humanitarian assistance.
- (e) Turkey—
  - (1) None of the funds made available by this Act may be used to facilitate or support the sale of defense articles or defense services to the Turkish Presidential Protection Directorate (TPPD) under Chapter 2 of the Arms Export Control Act (22 U.S.C. 2761 et seq.) unless the Secretary of State determines and reports to the appropriate congressional committees that members of the TPPD who are named in the July 17, 2017, indictment by the Superior Court of the District of Columbia, and against whom there are pending charges, have returned to the United States to stand trial in connection with the offenses contained in such indictment or have otherwise been brought to justice: Provided, That the limitation in this paragraph shall not apply to the use of funds made available by this Act for border security purposes, for North Atlantic Treaty Organization or coalition operations, or to enhance the protection of United States officials and facilities in Turkey.
  - (2) None of the funds appropriated or otherwise made available by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs, may be made available to transfer or deliver, or to facilitate the transfer or delivery of, <del>F-35 </del><ins>F–35 </ins>aircraft to Turkey, including any defense articles or services related to such aircraft, until the Secretary of State certifies to the appropriate congressional committees that the Government of Turkey no longer possesses the Russian <del>S-400 </del><ins>S–400 </ins>missile defense system or any other equipment, materials, or personnel associated with such system and has provided credible assurances that the Government of Turkey will not in the future accept delivery of such system.

## Sec. 7048 (unnamed section)

- (a) Transparency and accountability— Not later than 180 days after enactment of this Act, the Secretary of State shall report to the Committees on Appropriations whether each organization, department, or agency receiving a contribution from funds appropriated by this Act under the headings “Contributions to International Organizations” and “International Organizations and Programs” is—
  - (1) posting on a publicly available website, consistent with privacy regulations and due process, regular financial and programmatic audits of such organization, department, or agency, and providing the United States Government with necessary access to such financial and performance audits;
  - (2) effectively implementing and enforcing policies and procedures which meet or exceed best practices in the United States for the protection of whistleblowers from retaliation, including—
    - (A) protection against retaliation for internal and lawful public disclosures;
    - (B) legal burdens of proof;
    - (C) statutes of limitation for reporting retaliation;
    - (D) access to binding independent adjudicative bodies, including shared cost and selection of external arbitration; and
    - (E) results that eliminate the effects of proven retaliation, including provision for the restoration of prior employment; and
  - (3) effectively implementing and enforcing policies and procedures on the appropriate use of travel funds, including restrictions on first-class and business-class travel.
- (b) Restrictions on United Nations delegations and organizations—
  - (1) Restrictions on United States delegations— None of the funds made available by this Act may be used to pay expenses for any United States delegation to any specialized agency, body, or commission of the United Nations if such agency, body, or commission is chaired or presided over by a country, the government of which the Secretary of State has determined, for purposes of section 1754(c) of the Export Reform Control Act of 2018 (50 U.S.C. 4813(c)), supports international terrorism.
  - (2) Restrictions on contributions— None of the funds made available by this Act may be used by the Secretary of State as a contribution to any organization, agency, commission, or program within the United Nations system if such organization, agency, commission, or program is chaired or presided over by a country the government of which the Secretary of State has determined, for purposes of section 620A of the Foreign Assistance Act of 1961, section 40 of the Arms Export Control Act, section 1754(c) of the Export Reform Control Act of 2018 (50 U.S.C. 4813(c)), or any other provision of law, is a government that has repeatedly provided support for acts of international terrorism.
  - (3) Waiver— The Secretary of State may waive the restriction in this subsection if the Secretary determines and reports to the Committees on Appropriations that to do so is important to the national interest of the United States, including a description of the national interest served.
- (c) United nations human rights council— Funds appropriated by this Act shall be made available in support of the United Nations Human Rights Council unless the Secretary of State determines and reports to the Committees on Appropriations that participation in the Council does not serve the national interest of the United States and that such Council is neither taking significant steps to remove Israel as a permanent agenda item nor taking actions to ensure integrity in the election of members to such Council: Provided, That such report shall include a description of how the national interest is better served by the United States not being a member of the Council: Provided further, That the Secretary of State shall report to the Committees on Appropriations not later than September 30, 2021, on the resolutions considered in the United Nations Human Rights Council during the previous 12 months, and on steps taken to remove Israel as a permanent agenda item and ensure integrity in the election of members to such Council.
- (d) United nations relief and works agency— Funds appropriated by this Act under title III shall be made available to the United Nations Relief and Works Agency (UNRWA), unless the Secretary of State determines and reports to the Committees on Appropriations, in writing, that UNRWA—
  - (1) is inappropriately utilizing Operations Support Officers in the West Bank, Gaza, and other fields of operation to inspect UNRWA installations;
  - (2) is not acting promptly to address any staff or beneficiary violation of its own policies (including the policies on neutrality and impartiality of employees) and the legal requirements under section 301(c) of the Foreign Assistance Act of 1961;
  - (3) is not implementing procedures to maintain the neutrality of its facilities, including implementing a no-weapons policy, and conducting regular inspections of its installations, to ensure they are only used for humanitarian or other appropriate purposes;
  - (4) is not taking necessary and appropriate measures to ensure it is operating in compliance with the conditions of section 301(c) of the Foreign Assistance Act of 1961 and continuing regular reporting to the Department of State on actions it has taken to ensure conformance with such conditions;
  - (5) is not taking steps to ensure the content of all educational materials currently taught in UNRWA-administered schools and summer camps is consistent with the values of human rights, dignity, and tolerance and does not induce incitement;
  - (6) is engaging in operations with financial institutions or related entities in violation of relevant United States law, and is not taking steps to improve the financial transparency of the organization; and
  - (7) is not in compliance with the United Nations Board of <del>Auditors' </del><ins>Auditors’ </ins>biennial audit requirements and is not implementing in a timely fashion the <del>Board's </del><ins>Board’s </ins>recommendations.
- (e) Prohibition of payments to united nations members— None of the funds appropriated or made available pursuant to titles III through VI of this Act for carrying out the Foreign Assistance Act of 1961, may be used to pay in whole or in part any assessments, arrearages, or dues of any member of the United Nations or, from funds appropriated by this Act to carry out chapter 1 of part I of the Foreign Assistance Act of 1961, the costs for participation of another <del>country's </del><ins>country’s </ins>delegation at international conferences held under the auspices of multilateral or international organizations.
- (f) Report— Not later than 45 days after enactment of this Act, the Secretary of State shall submit a report to the Committees on Appropriations detailing the amount of funds available for obligation or expenditure in fiscal year 2021 for contributions to any organization, department, agency, or program within the United Nations system or any international program that are withheld from obligation or expenditure due to any provision of law: Provided, That the Secretary shall update such report each time additional funds are withheld by operation of any provision of law: Provided further, That the reprogramming of any withheld funds identified in such report, including updates thereof, shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations.
- (g) Sexual exploitation and abuse in peacekeeping operations— The Secretary of State should withhold assistance to any unit of the security forces of a foreign country if the Secretary has credible information that such unit has engaged in sexual exploitation or abuse, including while serving in a United Nations peacekeeping operation, until the Secretary determines that the government of such country is taking effective steps to hold the responsible members of such unit accountable and to prevent future incidents: Provided, That the Secretary shall promptly notify the government of each country subject to any withholding of assistance pursuant to this paragraph, and shall notify the appropriate congressional committees of such withholding not later than 10 days after a determination to withhold such assistance is made: Provided further, That the Secretary shall, to the maximum extent practicable, assist such government in bringing the responsible members of such unit to justice.
- (h) Additional availability— Subject to the regular notification procedures of the Committees on Appropriations, funds appropriated by this Act which are returned or not made available due to the third proviso under the heading “Contributions for International Peacekeeping Activities” in title I of this Act or section 307(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2227(a)), shall remain available for obligation until September 30, 2022: Provided, That the requirement to withhold funds for programs in Burma under section 307(a) of the Foreign Assistance Act of 1961 shall not apply to funds appropriated by this Act.

## Sec. 7050 (unnamed section)

- (a) Funding— Of the funds available for obligation during fiscal year 2021 under the headings “International Broadcasting Operations”, “Economic Support Fund”, “Democracy Fund”, and “Assistance for Europe, Eurasia and Central Asia”, not less than $68,000,000 <ins>(increased by $2,500,000) </ins>shall be made available for programs to promote Internet freedom globally: Provided, That such programs shall be prioritized for countries whose governments restrict freedom of expression on the Internet, and that are important to the national interest of the United States: Provided further, That funds made available pursuant to this section shall be matched, to the maximum extent practicable, by sources other than the United States Government, including from the private sector.
- (b) Requirements—
  - (1) Department of State and United States agency for international development— Funds appropriated by this Act under the headings “Economic Support Fund”, “Democracy Fund”, and “Assistance for Europe, Eurasia and Central Asia” that are made available pursuant to subsection (a) shall be—
    - (A) coordinated with other democracy programs funded by this Act under such headings, and shall be incorporated into country assistance and democracy promotion strategies, as appropriate;
    - (B) for programs and activities described under this section in the report accompanying this Act; and
    - (C) made available only after the Assistant Secretary for Democracy, Human Rights, and Labor, Department of State, concurs that such funds are allocated consistent with—
      - (i) programs and activities described in the report accompanying this Act pursuant to subparagraph (B);
      - (ii) best practices regarding security for, and oversight of, Internet freedom programs; and
      - (iii) sufficient resources and support for the development and maintenance of anti-censorship technology and tools.
  - (2) United states agency for global media— Funds appropriated by this Act under the heading “International Broadcasting Operations” that are made available pursuant to subsection (a) shall be—
    - (A) made available only for tools and techniques to securely develop and distribute United States Agency for Global Media (USAGM) digital content, facilitate audience access to such content on websites that are censored, coordinate the distribution of USAGM digital content to targeted regional audiences, and to promote and distribute such tools and techniques, including digital security techniques;
    - (B) coordinated with programs funded by this Act under the heading “International Broadcasting Operations”, and shall be incorporated into country broadcasting strategies, as appropriate;
    - (C) coordinated by the Chief Executive Officer (CEO) of USAGM to provide Internet circumvention tools and techniques for audiences in countries that are strategic priorities for the USAGM and in a manner consistent with the USAGM Internet freedom strategy; and
    - (D) made available for the research and development of new tools or techniques authorized in subparagraph (A) only after the USAGM CEO, in consultation with the Secretary of State and other relevant United States Government departments and agencies, evaluates the risks and benefits of such new tools or techniques, and establishes safeguards to minimize the use of such new tools or techniques for illicit purposes.
- (c) Coordination and spend plans— After consultation among the relevant agency heads to coordinate and de-conflict planned activities, but not later than 90 days after enactment of this Act, the Secretary of State and the USAGM CEO shall submit to the Committees on Appropriations spend plans for funds made available by this Act for programs to promote Internet freedom globally, which shall include a description of safeguards established by relevant agencies to ensure that such programs are not used for illicit purposes: Provided, That the Department of State spend plan shall include funding for all such programs for all relevant Department of State and the United States Agency for International Development offices and bureaus.
- (d) Security audits— Funds made available pursuant to this section to promote Internet freedom globally may only be made available to support technologies that undergo comprehensive security audits conducted by the Bureau of Democracy, Human Rights, and Labor, Department of State to ensure that such technology is secure and has not been compromised in a manner detrimental to the interest of the United States or to individuals and organizations benefiting from programs supported by such funds: Provided, That the security auditing procedures used by such Bureau shall be reviewed and updated periodically to reflect current industry security standards.

## Sec. 7056 (unnamed section)

- None of the funds appropriated or otherwise made available under titles III through VI of this Act may be obligated or expended to provide—
- (1) any financial incentive to a business enterprise currently located in the United States for the purpose of inducing such an enterprise to relocate outside the United States if such incentive or inducement is likely to reduce the number of employees of such business enterprise in the United States because United States production is being replaced by such enterprise outside the United States;
- (2) assistance for any program, project, or activity that contributes to the violation of internationally recognized <del>workers' </del><ins>workers’ </ins>rights, as defined in section 507(4) of the Trade Act of 1974, of workers in the recipient country, including any designated zone or area in that country: Provided, That the application of section 507(4)(D) and (E) of such Act (19 U.S.C. 2467(4)(D) and (E)) should be commensurate with the level of development of the recipient country and sector, and shall not preclude assistance for the informal sector in such country, micro and small-scale enterprise, and smallholder agriculture; or
- (3) any assistance to an entity outside the United States if such assistance is for the purpose of directly relocating or transferring jobs from the United States to other countries and adversely impacts the labor force in the United States.

## Sec. 7059 (unnamed section)

- (a) <del>Women's </del><ins>Women’s </ins>empowerment—
  - (1) Gender equality— Funds appropriated by this Act shall be made available to promote gender equality in United States Government diplomatic and development efforts by raising the status, increasing the participation, and protecting the rights of women and girls worldwide.
  - (2) Women’s economic empowerment— Funds appropriated by this Act are available to implement the Women’s Entrepreneurship and Economic Empowerment Act of 2018 (Public Law 115–428): Provided, That the Secretary of State and the Administrator of the United States Agency for International Development, as appropriate, shall consult with the Committees on Appropriations on the implementation of such Act.
  - (3) Women’s global development and prosperity fund— Of the funds appropriated under title III of this Act, up to $100,000,000 may be made available for the Women’s Global Development and Prosperity Fund.
- (b) Women’s leadership— Of the funds appropriated by title III of this Act, not less than $50,000,000 shall be made available for programs specifically designed to increase leadership opportunities for women in countries where women and girls suffer discrimination due to law, policy, or practice, by strengthening protections for women’s political status, expanding women’s participation in political parties and elections, and increasing women’s opportunities for leadership positions in the public and private sectors at the local, provincial, and national levels.
- (c) Gender-Based violence—
  - (1) Of the funds appropriated under titles III and IV of this Act, not less than $165,000,000 shall be made available to implement a multi-year strategy to prevent and respond to gender-based violence in countries where it is common in conflict and non-conflict settings.
  - (2) Funds appropriated under titles III and IV of this Act that are available to train foreign police, judicial, and military personnel, including for international peacekeeping operations, shall address, where appropriate, prevention and response to gender-based violence and trafficking in persons, and shall promote the integration of women into the police and other security forces.
- (d) Women, peace, and security— Of the funds appropriated by this Act under the headings “Development Assistance”, “Economic Support Fund”, “Assistance for Europe, Eurasia and Central Asia”, and “International Narcotics Control and Law Enforcement” not less than $130,000,000 shall be made available to support a multi-year strategy to expand, and improve coordination of, United States Government efforts to empower women as equal partners in conflict prevention, peace building, transitional processes, and reconstruction efforts in countries affected by conflict or in political transition, and to ensure the equitable provision of relief and recovery assistance to women and girls.
- (e) Women and girls at risk from extremism and conflict— Of the funds appropriated by this Act under the heading “Economic Support Fund”, not less than $15,000,000 shall be made available to support women and girls who are at risk from extremism and conflict, and for the activities described in section 7059(e)(1) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2018 (division K of Public Law 115–141): Provided, That such funds are in addition to amounts otherwise made available by this Act for such purposes, and shall be made available following consultation with, and the regular notification procedures of, the Committees on Appropriations.

## Sec. 7060 (unnamed section)

- (a) Basic education and higher education—
  - (1) Basic education—
    - (A) Of the funds appropriated under title III of this Act, not less than $975,000,000 shall be made available for assistance for basic education, and such funds may be made available notwithstanding any other provision of law that restricts assistance to foreign countries: Provided, That such funds shall also be used for secondary education activities: Provided further, That of the funds made available by this paragraph not less than $150,000,000 shall be available for the education of girls in areas of conflict: Provided further, That the Administrator of the United States Agency for International Development, following consultation with the Committees on Appropriations, may reprogram such funds between countries: Provided further, That funds made available under the headings “Development Assistance” and “Economic Support Fund” for the support of non-state schools in this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs shall be subject to the regular notification procedures of the Committees on Appropriations.
    - (B) Of the funds appropriated under title III of this Act for assistance for basic education programs, not less than $125,000,000 shall be made available for contributions to multilateral partnerships that support education.
    - (C) Funds appropriated under title III of this Act and made available for assistance for basic education as provided for in this paragraph shall be referred to as the “Nita M. Lowey Basic Education Fund”.
  - (2) Higher education— Of the funds appropriated by title III of this Act, not less than $235,000,000 shall be made available for assistance for higher education: Provided, That such funds may be made available notwithstanding any other provision of law that restricts assistance to foreign countries, and shall be subject to the regular notification procedures of the Committees on Appropriations: Provided further, That of such amount, not less than $35,000,000 shall be made available for new and ongoing partnerships between higher education institutions in the United States and developing countries focused on building the capacity of higher education institutions and systems in developing countries: Provided further, That not later than 45 days after enactment of this Act, the USAID Administrator shall consult with the Committees on Appropriations on the proposed uses of funds for such partnerships.
- (b) Development programs— Of the funds appropriated by this Act under the heading “Development Assistance”, not less than $17,000,000 shall be made available for cooperative development programs of USAID and not less than $30,000,000 shall be made available for the American Schools and Hospitals Abroad program.
- (c) Environment programs—
  - (1)
    - (A) Funds appropriated by this Act to carry out the provisions of sections 103 through 106, and chapter 4 of part II, of the Foreign Assistance Act of 1961 may be used, notwithstanding any other provision of law, except for the provisions of this subsection, to support environment programs.
    - (B) Funds made available pursuant to this subsection shall be subject to the regular notification procedures of the Committees on Appropriations.
    - (C) Of the funds made available under the heading “Economic Support Fund” in this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs, not less than $500,000,000 shall be made available for a contribution, grant, or any other available funding mechanism to a dedicated international fund to assist developing nations to reduce greenhouse gas emissions and pursue adaptation and mitigation strategies: Provided, That any such use of funds shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations.
  - (2)
    - (A) Of the funds appropriated under title III of this Act, not less than $315,000,000 shall be made available for biodiversity conservation programs.
    - (B) Not less than $100,664,000 <ins>(reduced by $1,000,000) (increased by $1,000,000) </ins>of the funds appropriated under titles III and IV of this Act shall be made available to combat the transnational threat of wildlife poaching and trafficking.
    - (C) None of the funds appropriated under title IV of this Act may be made available for training or other assistance for any military unit or personnel that the Secretary of State determines has been credibly alleged to have participated in wildlife poaching or trafficking, unless the Secretary reports to the appropriate congressional committees that to do so is in the national security interest of the United States.
    - (D) Funds appropriated by this Act for biodiversity programs shall not be used to support the expansion of industrial scale logging or any other industrial scale extractive activity into areas that were primary/intact tropical forests as of December 30, 2013, and the Secretary of the Treasury shall instruct the United States executive directors of each international financial institutions (IFI) to use the voice and vote of the United States to oppose any financing of any such activity.
  - (3) The Secretary of the Treasury shall instruct the United States executive director of each IFI that it is the policy of the United States to use the voice and vote of the United States, in relation to any loan, grant, strategy, or policy of such institution, regarding the construction of any large dam in a manner consistent with the criteria set forth in Senate Report 114–79, while also considering whether the project involves important foreign policy objectives.
  - (4) Of the funds appropriated under title III of this Act, not less than $135,000,000 shall be made available for sustainable landscapes programs.
  - (5) Of the funds appropriated under title III of this Act, not less than $177,000,000 shall be made available for adaptation programs.
  - (6) Of the funds appropriated under title III of this Act, not less than $179,000,000 shall be made available for renewable energy programs.
- (d) Food security and agricultural development— Of the funds appropriated by title III of this Act, not less than $1,005,600,000 shall be made available for food security and agricultural development programs to carry out the purposes of the Global Food Security Act of 2016 (Public Law 114–195): Provided, That funds may be made available for a contribution as authorized by section 3202 of the Food, Conservation, and Energy Act of 2008 (Public Law 110–246), as amended by section 3310 of the Agriculture Improvement Act of 2018 (Public Law 115–334).
- (e) Micro, small, and medium-Sized enterprises— Of the funds appropriated by this Act, not less than $265,000,000 shall be made available to support the development of, and access to financing for, micro, small, and medium-sized enterprises that benefit the poor, especially women.
- (f) Programs To combat trafficking in persons— Of the funds appropriated by this Act under the headings “Development Assistance”, “Economic Support Fund”, “Assistance for Europe, Eurasia and Central Asia”, and “International Narcotics Control and Law Enforcement”, not less than $67,000,000 <ins>(increased by $5,000,000) </ins>shall be made available for activities to combat trafficking in persons internationally, of which not less than $45,000,000 <ins>(increased by $5,000,000) </ins>shall be from funds made available under the heading “International Narcotics Control and Law Enforcement”: Provided, That funds appropriated by this Act that are made available for programs to end modern slavery shall be in addition to funds made available by this subsection to combat trafficking in persons.
- (g) Reconciliation programs— Of the funds appropriated by this Act under the heading “Development Assistance”, not less than $30,000,000 shall be made available to support people-to-people reconciliation programs which bring together individuals of different ethnic, religious, and political backgrounds from areas of civil strife and war, including cross-border programs between Israelis and Palestinians: Provided, That the USAID Administrator shall consult with the Committees on Appropriations, prior to the initial obligation of funds, on the uses of such funds, and such funds shall be subject to the regular notification procedures of the Committees on Appropriations: Provided further, That to the maximum extent practicable, such funds shall be matched by sources other than the United States Government: Provided further, That such funds shall be administered by the Office of Conflict Management and Mitigation, USAID.
- (h) Water and sanitation— Of the funds appropriated by this Act, not less than $450,000,000 shall be made available for water supply and sanitation projects pursuant to section 136 of the Foreign Assistance Act of 1961, of which not less than $225,000,000 shall be for programs in sub-Saharan Africa, and of which not less than $15,000,000 shall be made available to support initiatives by local communities in developing countries to build and maintain safe latrines.

## Sec. 7068 (unnamed section)

- (a)
  - (1) In general— Funds appropriated under the heading “Global Health Programs” in this Act that are made available for bilateral assistance for global health programs including activities relating to research on, and the prevention, treatment and control of, HIV/AIDS may be made available notwithstanding any other provision of law except for provisions under this section and the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as amended: Provided, That of the funds appropriated under title III of this Act, not less than $750,000,000 shall be made available for family planning/reproductive health, including in areas where population growth threatens biodiversity or endangered species: Provided further, That none of the funds made available by this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs shall be made available to implement the Presidential Memorandum on Mexico City Policy dated January 23, 2017: Provided further, That none of the funds made available by this Act may be used in contravention of the conditions of section 7066 of this Act and section 104(f)(1) of the Foreign Assistance Act of 1961.
  - (2) Prohibition— None of the funds made available in this Act nor any unobligated balances from prior appropriations Acts may be made available to any organization or program which, as determined by the President, directly supports or participates in the management of a program of coercive abortion or involuntary sterilization: Provided, That any determination made pursuant to this paragraph must be made not later than 6 months after the date of enactment of this Act, and must be accompanied by the evidence and criteria utilized to make the determination: Provided further, That none of the funds made available under this Act may be used to pay for the performance of abortion as a method of family planning or to motivate or coerce any person to practice abortions: Provided further, That nothing in this paragraph shall be construed to alter any existing statutory prohibitions against abortion under section 104 of the Foreign Assistance Act of 1961: Provided further, That none of the funds made available under this Act may be used to lobby for or against abortion.
  - (3) Limitations— In order to reduce reliance on abortion in developing nations, funds shall be available only to voluntary family planning projects which offer, either directly or through referral to, or information about access to, a broad range of family planning methods and services, and that any such voluntary family planning project shall meet the following requirements—
    - (A) service providers or referral agents in the project shall not implement or be subject to quotas, or other numerical targets, of total number of births, number of family planning acceptors, or acceptors of a particular method of family planning (this provision shall not be construed to include the use of quantitative estimates or indicators for budgeting and planning purposes);
    - (B) the project shall not include payment of incentives, bribes, gratuities, or financial reward to:
      - (i) an individual in exchange for becoming a family planning acceptor; or
      - (ii) program personnel for achieving a numerical target or quota of total number of births, number of family planning acceptors, or acceptors of a particular method of family planning;
    - (C) the project shall not deny any right or benefit, including the right of access to participate in any program of general welfare or the right of access to health care, as a consequence of any individual’s decision not to accept family planning services;
    - (D) the project shall provide family planning acceptors comprehensible information on the health benefits and risks of the method chosen, including those conditions that might render the use of the method inadvisable and those adverse side effects known to be consequent to the use of the method; and
    - (E) the project shall ensure that experimental contraceptive drugs and devices and medical procedures are provided only in the context of a scientific study in which participants are advised of potential risks and benefits; and
    - (F) not less than 60 days after the date on which the USAID Administrator determines that there has been a violation of the requirements contained in <del>subparagraphs </del><ins>subparagraph </ins>(A), (B), (C), or (E) of this paragraph, or a pattern or practice of violations of the requirements contained in subparagraph (D) of such paragraph, the Administrator shall submit to the Committees on Appropriations a report containing a description of such violation and the corrective action taken by the Agency.
  - (4) natural family planning— In awarding grants for natural family planning under section 104 of the Foreign Assistance Act of 1961, no applicant shall be discriminated against because of such applicant’s religious or conscientious commitment to offer only natural family planning; and, additionally, all such applicants shall comply with the requirements of paragraph (3).
  - (5) definition— For purposes of this or any other Act authorizing or appropriating funds for the Department of State, foreign operations, and related programs, the term ‘‘motivate’’, as it relates to family planning assistance, shall not be construed to prohibit the provision, consistent with local law, of information or counseling about all pregnancy options.
  - (6) Information— Information provided about the use of condoms as part of projects or activities that are funded from amounts appropriated by this Act shall be medically accurate and shall include the public health benefits and failure rates of such use.
  - (7) HIV/AIDS working capital fund— Funds available in the HIV/AIDS Working Capital Fund established pursuant to section 525(b)(1) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2005 (Public Law 108–447) may be made available for pharmaceuticals and other products for other global health, emerging infectious disease, and child survival activities to the same extent as HIV/AIDS pharmaceuticals and other products, subject to the terms and conditions in such section: Provided, That the authority in section 525(b)(5) of the Foreign Operations, Export Financing, and Related Programs Appropriation Act, 2005 (Public Law 108–447) shall be exercised by the Assistant Administrator for Global Health, USAID, with respect to funds deposited for such non-HIV/AIDS pharmaceuticals and other products, and shall be subject to the regular notification procedures of the Committees on Appropriations: Provided further, That the Secretary of State shall include in the congressional budget justification an accounting of budgetary resources, disbursements, balances, and reimbursements related to such fund.
- (b) Infectious disease outbreaks—
  - (1) Extraordinary measures— If the Secretary of State determines and reports to the Committees on Appropriations that an international infectious disease outbreak is sustained, severe, and is spreading internationally, or that it is in the national interest to respond to a Public Health Emergency of International Concern, funds appropriated by this Act under the headings “Global Health Programs”, “Development Assistance”, “International Disaster Assistance”, “Complex Crises Fund”, “Economic Support Fund”, “Democracy Fund”, “Assistance for Europe, Eurasia and Central Asia”, “Migration and Refugee Assistance”, and “Millennium Challenge Corporation” may be made available to combat such infectious disease or public health emergency, and may be transferred to, and merged with, funds appropriated under such headings for the purposes of this paragraph.
  - (2) Emergency reserve fund— Up to $50,000,000 of the funds made available under the heading “Global Health Programs” may be made available for the Emergency Reserve Fund established pursuant to section 7058(c)(1) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2017 (division J of Public Law 115–31): Provided, That such funds shall be made available under the same terms and conditions of such section, as amended.
  - (3) Consultation and notification— Funds made available by this subsection shall be subject to prior consultation with the appropriate congressional committees and the regular notification procedures of the Committees on Appropriations.

## Sec. 7070 (unnamed section) — removed

- <del>Each amount designated in this Act by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985 shall be available (or rescinded or transferred, if applicable) only if the President subsequently so designates all such amounts and transmits such designations to the Congress.</del>

## Sec. 8005 (unnamed section)

- Section 21005 of the Emergency Appropriations for Coronavirus Health Response and Agency Operations (division B of Public Law 116–136) is amended by inserting at the end before the period “and is further amended by striking “$5,563,619” in the second proviso under the heading “Repatriation Loans Program Account” and inserting in lieu thereof <del>“$15,563,619” ” </del><ins>“$15,563,619”” </ins>.

## Sec. 8007 (unnamed section)

- In this title, the term <del>“coronavirus” </del><ins>coronavirus </ins>means <del>SARS-CoV-2 </del><ins>SARS–CoV–2 </ins>or another coronavirus with pandemic potential.

## Sec. 8008 (unnamed section) — removed

- <del>Each amount designated in this title by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 shall be available (or rescinded or transferred, if applicable) only if the President subsequently so designates all such amounts and transmits such designations to the Congress.</del>

## Sec. 9004 People-to-People Partnership for Peace Fund

- Chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.) is amended by adding at the end the following:
- “535 People-to-People Partnership for Peace Fund
- “(a) Establishment—Beginning on the date that is one year after the date of enactment of this section, the Administrator of the United States Agency for International Development is authorized to establish a program to provide funding for projects to help build the foundation for peaceful co-existence between Israelis and Palestinians and for a sustainable two-state solution. The program established under this subsection shall be known as the “People-to-People Partnership for Peace Fund” (referred to in this section as the “Fund”).
- “(b) Eligibility for Support—In providing funding for projects through the Fund, the Administrator may provide support for qualified organizations, prioritizing those organizations that seek to build better cooperation between Israelis and Palestinians, including Palestinian organizations, Israeli organizations, and international organizations that bring Israelis and Palestinians together.
- “(c) Additional eligibility for support—In providing funding for projects through the Fund, The Administrator may additionally provide support to qualified organizations that further shared community building, peaceful co-existence, dialogue, and reconciliation between Arab and Jewish citizens of Israel.
- “(d) Contributions—The Administrator—
- “(1) is encouraged to work with foreign governments and international organizations to leverage the impact of United States resources and achieve the objectives of this section; and
- “(2) is authorized to make and accept contributions for the purposes of the Fund, consistent with subsections (b) and (d) of section 635.
- “(e) Advisory Board
- “(1) Establishment—The Administrator shall establish an advisory board to make recommendations to the Administrator regarding the types of projects that should be funded through the Fund.
- “(2) Membership
- “(A) In General—Subject to subparagraph (B), the advisory board shall be composed of 13 members, none of whom may be Members of Congress, who shall be appointed for renewable periods of 3 years, as follows:
- “(i) One member appointed by the Administrator, in consultation with the Secretary of State.
- “(ii) One member appointed by the chair, and one member appointed by the ranking member, of the Committee on Foreign Relations of the Senate.
- “(iii) One member appointed by the chair, and one member appointed by the ranking member, of the Committee on Foreign Affairs of the House of Representatives.
- “(iv) One member appointed by the chair, and one member appointed by the ranking member, of the Committee on Appropriations of the Senate.
- “(v) One member appointed by the chair, and one member appointed by the ranking member, of the Committee on Appropriations of the House of Representatives.
- “(vi) One member appointed by the majority leader, and one member appointed by the minority leader, of the Senate.
- “(vii) One member appointed by the Speaker, and one member appointed by the minority leader, of the House of Representatives.
- “(B) International Participation—The Administrator may appoint up to <del>2 </del><ins>two </ins>additional members to the advisory board who are representatives of foreign governments or international organizations for renewable periods of 3 years.
- “(C) Qualifications—Members of the advisory board shall have demonstrated regional expertise and experience and expertise in conflict mitigation and people-to-people programs.
- “(D) Additional recommendations—The Administrator should consider the input and recommendations from missions of the United States Agency for International Development in the region and mission directors when considering types of projects.”

## Sec. 9007 Appropriate congressional Committees Defined

- In this title, the term <del>“appropriate </del><ins>appropriate </ins>congressional <del>committees” </del><ins>committees </ins>has the meaning given that term in section 1402 of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9601).

## Sec. 9008 Authorization of Appropriations

- (a) In General— There is authorized to be appropriated to carry out this title, and the amendments made by this title, $50,000,000 for each of the first 5 fiscal years beginning after the date of the enactment of this Act.
- (b) Availability of Amounts <del>to </del><ins>To </ins>Carry Out Section 535 of the Foreign Assistance Act of 1961— Of the amounts authorized to be appropriated by subsection (a) for each of the fiscal years described in such subsection, the following amounts shall be made available to carry out section 535 of the Foreign Assistance Act of 1961 (as added by section 9004):
  - (1) <del>60 </del><ins>Sixty </ins>percent of such amounts for the first fiscal year.
  - (2) <del>50 </del><ins>Fifty </ins>percent of such amounts for the second fiscal year.
  - (3) <del>40 </del><ins>Forty </ins>percent of such amounts for each of the third and fourth such fiscal years.
  - (4) <del>30 </del><ins>Thirty </ins>percent of such amounts for the fifth such fiscal year.
- (c) Administrative Expenses— Not more than 3 percent of amounts authorized to be appropriated by subsection (a) for a fiscal year may be made available for administrative expenses to carry out section 535 of the Foreign Assistance Act of 1961 (as added by section 9004).
- (d) Availability— Amounts authorized to be appropriated by subsection (a) for a fiscal year are authorized to remain available for such fiscal year and the subsequent 4 fiscal years.

## Sec. 9009 (unnamed section) — added

- <ins>None of the funds made available by this Act may be used to support the forced relocation of refugees to Bhasan Char.</ins>

## Sec. 9010 (unnamed section) — added

- <ins>None of the funds made available by this Act may be used to withdraw the United States from the Mutual Defense Treaty between the United States and Republic of Korea signed on October 1, 1953.</ins>

## Sec. 9011 (unnamed section) — added

- (a) <ins>None of the funds appropriated or otherwise made available by this Act may be made available to enter into any new contract, grant, or cooperative agreement with any entity listed in subsection (b).</ins>
- (b) <ins>The entities listed in this subsection are the following:</ins>

## Sec. 9012 (unnamed section) — added

- <ins>None of the funds appropriated or otherwise made available by this Act may be used by the Department of State to carry out the sale, transfer, or authorization for the transfer to the Government of Saudi Arabia or the Government of the United Arab Emirates of any of the following:</ins>
- (1) <ins>Items or services defined in paragraphs (a)(4), (a)(5), and (a)(6) of category IV of the United States Munitions List (part 121.1 of title 22, Code of Federal Regulations).</ins>
- (2) <ins>Items or services relating to the items or services described in paragraph (1) that are defined in paragraph (c), (h), (i), or (j) of such category IV.</ins>

## Sec. 9013 (unnamed section) — added

- <ins>None of the funds appropriated or otherwise made available by this Act may be obligated or expended to transfer lethal military equipment or crowd control equipment to Bolivia.</ins>

## Sec. 9014 (unnamed section) — added

- <ins>None of the funds made available by this Act may be used to withdraw the United States from the North Atlantic Treaty, done at Washington, DC, on April 4, 1949.</ins>

## Sec. 9015 Prohibition on withdrawal from World Health Organization — added

- <ins>None of the funds made available by this Act may be used to withdraw the United States from the World Health Organization.</ins>

## (unnamed section) — added

- <ins>That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for fiscal year ending September 30, 2021, and for other purposes, namely:</ins>

## Sec. 701 (unnamed section) — added

- <ins>The Secretary may use any appropriations made available to the Department of Agriculture in this Act to purchase new passenger motor vehicles, in addition to specific appropriations for this purpose, so long as the total number of vehicles purchased in fiscal year 2021 does not exceed the number of vehicles owned or leased in fiscal year 2018: Provided, That, prior to purchasing additional motor vehicles, the Secretary must determine that such vehicles are necessary for transportation safety, to reduce operational costs, and for the protection of life, property, and public safety: Provided further , That the Secretary may not increase the Department of Agriculture’s fleet above the 2018 level unless the Secretary notifies in writing, and receives approval from, the Committees on Appropriations of both Houses of Congress within 30 days of the notification.</ins>

## Sec. 702 (unnamed section) — added

- <ins>Notwithstanding any other provision of this Act, the Secretary of Agriculture may transfer unobligated balances of discretionary funds appropriated by this Act or any other available unobligated discretionary balances that are remaining available of the Department of Agriculture to the Working Capital Fund for the acquisition of plant and capital equipment necessary for the delivery of financial, administrative, and information technology services of primary benefit to the agencies of the Department of Agriculture, such transferred funds to remain available until expended: Provided, That none of the funds made available by this Act or any other Act shall be transferred to the Working Capital Fund without the prior approval of the agency administrator: Provided further, That none of the funds transferred to the Working Capital Fund pursuant to this section shall be available for obligation without written notification to and the prior approval of the Committees on Appropriations of both Houses of Congress: Provided further, That none of the funds appropriated by this Act or made available to the Department’s Working Capital Fund shall be available for obligation or expenditure to make any changes to the Department’s National Finance Center without written notification to and prior approval of the Committees on Appropriations of both Houses of Congress as required by section 716 of this Act: Provided further, That none of the funds appropriated by this Act or made available to the Department’s Working Capital Fund shall be available for obligation or expenditure to initiate, plan, develop, implement, or make any changes to remove or relocate any systems, missions, personnel, or functions of the offices of the Chief Financial Officer and the Chief Information Officer, co-located with or from the National Finance Center prior to written notification to and prior approval of the Committees on Appropriations of both Houses of Congress and in accordance with the requirements of section 716 of this Act: Provided further, That the National Finance Center Information Technology Services Division personnel and data center management responsibilities, and control of any functions, missions, and systems for current and future human resources management and integrated personnel and payroll systems (PPS) and functions provided by the Chief Financial Officer and the Chief Information Office shall remain in the National Finance Center and under the management responsibility and administrative control of the National Finance Center: Provided further, That the Secretary of Agriculture and the offices of the Chief Financial Officer shall actively market to existing and new Departments and other government agencies National Finance Center shared services including, but not limited to, payroll, financial management, and human capital shared services and allow the National Finance Center to perform technology upgrades: Provided further, That of annual income amounts in the Working Capital Fund of the Department of Agriculture attributable to the amounts in excess of the true costs of the shared services provided by the National Finance Center and budgeted for the National Finance Center, the Secretary shall reserve not more than 4 percent for the replacement or acquisition of capital equipment, including equipment for the improvement, delivery, and implementation of financial, administrative, and information technology services, and other systems of the National Finance Center or to pay any unforeseen, extraordinary cost of the National Finance Center: Provided further, That none of the amounts reserved shall be available for obligation unless the Secretary submits written notification of the obligation to the Committees on Appropriations of both Houses of Congress: Provided further, That the limitations on the obligation of funds pending notification to Congressional Committees shall not apply to any obligation that, as determined by the Secretary, is necessary to respond to a declared state of emergency that significantly impacts the operations of the National Finance Center; or to evacuate employees of the National Finance Center to a safe haven to continue operations of the National Finance Center.</ins>

## Sec. 703 (unnamed section) — added

- <ins>No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.</ins>

## Sec. 704 (unnamed section) — added

- <ins>No funds appropriated by this Act may be used to pay negotiated indirect cost rates on cooperative agreements or similar arrangements between the United States Department of Agriculture and nonprofit institutions in excess of 10 percent of the total direct cost of the agreement when the purpose of such cooperative arrangements is to carry out programs of mutual interest between the two parties. This does not preclude appropriate payment of indirect costs on grants and contracts with such institutions when such indirect costs are computed on a similar basis for all agencies for which appropriations are provided in this Act.</ins>

## Sec. 705 (unnamed section) — added

- <ins>Appropriations to the Department of Agriculture for the cost of direct and guaranteed loans made available in the current fiscal year shall remain available until expended to disburse obligations made in the current fiscal year for the following accounts: the Rural Development Loan Fund program account, the Rural Electrification and Telecommunication Loans program account, and the Rural Housing Insurance Fund program account.</ins>

## Sec. 706 (unnamed section) — added

- <ins>None of the funds made available to the Department of Agriculture by this Act may be used to acquire new information technology systems or significant upgrades, as determined by the Office of the Chief Information Officer, without the approval of the Chief Information Officer and the concurrence of the Executive Information Technology Investment Review Board: Provided, That notwithstanding any other provision of law, none of the funds appropriated or otherwise made available by this Act may be transferred to the Office of the Chief Information Officer without written notification to and the prior approval of the Committees on Appropriations of both Houses of Congress: Provided further, That, notwithstanding section 11319 of title 40, United States Code, none of the funds available to the Department of Agriculture for information technology shall be obligated for projects, contracts, or other agreements over $25,000 prior to receipt of written approval by the Chief Information Officer: Provided further, That the Chief Information Officer may authorize an agency to obligate funds without written approval from the Chief Information Officer for projects, contracts, or other agreements up to $250,000 based upon the performance of an agency measured against the performance plan requirements described in the explanatory statement accompanying Public Law 113–235.</ins>

## Sec. 707 (unnamed section) — added

- <ins>Funds made available under section 524(b) of the Federal Crop Insurance Act (7 U.S.C. 1524(b)) in the current fiscal year shall remain available until expended to disburse obligations made in the current fiscal year.</ins>

## Sec. 708 (unnamed section) — added

- <ins>Notwithstanding any other provision of law, any former Rural Utilities Service borrower that has repaid or prepaid an insured, direct or guaranteed loan under the Rural Electrification Act of 1936, or any not-for-profit utility that is eligible to receive an insured or direct loan under such Act, shall be eligible for assistance under section 313B(a) of such Act in the same manner as a borrower under such Act.</ins>

## Sec. 709 (unnamed section) — added

- (a) <ins>Except as otherwise specifically provided by law, not more than $20,000,000 in unobligated balances from appropriations made available for salaries and expenses in this Act for the Farm Service Agency shall remain available through September 30, 2022, for information technology expenses.</ins>
- (b) <ins>Except as otherwise specifically provided by law, not more than $20,000,000 in unobligated balances from appropriations made available for salaries and expenses in this Act for the Rural Development mission area shall remain available through September 30, 2022, for information technology expenses.</ins>

## Sec. 710 (unnamed section) — added

- <ins>None of the funds appropriated or otherwise made available by this Act may be used for first-class travel by the employees of agencies funded by this Act in contravention of sections 301–10.122 through 301–10.124 of title 41, Code of Federal Regulations.</ins>

## Sec. 711 (unnamed section) — added

- <ins>In the case of each program established or amended by the Agricultural Act of 2014 (Public Law 113–79) or by a successor to that Act, other than by title I or subtitle A of title III of such Act, or programs for which indefinite amounts were provided in that Act, that is authorized or required to be carried out using funds of the Commodity Credit Corporation—</ins>
- (1) <ins>such funds shall be available for salaries and related administrative expenses, including technical assistance, associated with the implementation of the program, without regard to the limitation on the total amount of allotments and fund transfers contained in section 11 of the Commodity Credit Corporation Charter Act (15 U.S.C. 714i); and</ins>
- (2) <ins>the use of such funds for such purpose shall not be considered to be a fund transfer or allotment for purposes of applying the limitation on the total amount of allotments and fund transfers contained in such section.</ins>

## Sec. 712 (unnamed section) — added

- <ins>Of the funds made available by this Act, not more than $2,900,000 shall be used to cover necessary expenses of activities related to all advisory committees, panels, commissions, and task forces of the Department of Agriculture, except for panels used to comply with negotiated rule makings and panels used to evaluate competitively awarded grants.</ins>

## Sec. 713 (unnamed section) — added

- (a) <ins>None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography.</ins>
- (b) <ins>Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities.</ins>

## Sec. 714 (unnamed section) — added

- <ins>Notwithstanding subsection (b) of section 14222 of Public Law 110–246 (7 U.S.C. 612c–6; in this section referred to as “section 14222”), none of the funds appropriated or otherwise made available by this or any other Act shall be used to pay the salaries and expenses of personnel to carry out a program under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c; in this section referred to as “section 32”) in excess of $1,359,864,000 (exclusive of carryover appropriations from prior fiscal years), as follows: Child Nutrition Programs Entitlement Commodities—$485,000,000; State Option Contracts—$5,000,000; Removal of Defective Commodities—$2,500,000; Administration of Section 32 Commodity Purchases—$36,746,000: Provided, That of the total funds made available in the matter preceding this proviso that remain unobligated on October 1, 2021, such unobligated balances shall carryover into fiscal year 2022 and shall remain available until expended for any of the purposes of section 32, except that any such carryover funds used in accordance with clause (3) of section 32 may not exceed $350,000,000 and may not be obligated until the Secretary of Agriculture provides written notification of the expenditures to the Committees on Appropriations of both Houses of Congress at least 2 weeks in advance: Provided further, That, with the exception of any available carryover funds authorized in any prior appropriations Act to be used for the purposes of clause (3) of section 32, none of the funds appropriated or otherwise made available by this or any other Act shall be used to pay the salaries or expenses of any employee of the Department of Agriculture to carry out clause (3) of section 32.</ins>

## Sec. 715 (unnamed section) — added

- <ins>None of the funds appropriated by this or any other Act shall be used to pay the salaries and expenses of personnel who prepare or submit appropriations language as part of the President’s budget submission to the Congress for programs under the jurisdiction of the Appropriations Subcommittees on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies that assumes revenues or reflects a reduction from the previous year due to user fees proposals that have not been enacted into law prior to the submission of the budget unless such budget submission identifies which additional spending reductions should occur in the event the user fees proposals are not enacted prior to the date of the convening of a committee of conference for the fiscal year 2022 appropriations Act.</ins>

## Sec. 716 (unnamed section) — added

- (a) <ins>None of the funds provided by this Act, or provided by previous appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in the current fiscal year, or provided from any accounts in the Treasury derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming, transfer of funds, or reimbursements as authorized by the Economy Act, or in the case of the Department of Agriculture, through use of the authority provided by section 702(b) of the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257) or section 8 of Public Law 89–106 (7 U.S.C. 2263), that—</ins>
  - (1) <ins>creates new programs;</ins>
  - (2) <ins>eliminates a program, project, or activity;</ins>
  - (3) <ins>increases funds or personnel by any means for any project or activity for which funds have been denied or restricted;</ins>
  - (4) <ins>relocates an office or employees;</ins>
  - (5) <ins>reorganizes offices, programs, or activities; or</ins>
  - (6) <ins>contracts out or privatizes any functions or activities presently performed by Federal employees;</ins>
- (b) <ins>None of the funds provided by this Act, or provided by previous Appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in the current fiscal year, or provided from any accounts in the Treasury derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure for activities, programs, or projects through a reprogramming or use of the authorities referred to in subsection (a) involving funds in excess of $500,000 or 10 percent, whichever is less, that—</ins>
  - (1) <ins>augments existing programs, projects, or activities;</ins>
  - (2) <ins>reduces by 10 percent funding for any existing program, project, or activity, or numbers of personnel by 10 percent as approved by Congress; or</ins>
  - (3) <ins>results from any general savings from a reduction in personnel which would result in a change in existing programs, activities, or projects as approved by Congress;</ins>
- (c) <ins>The Secretary of Agriculture, the Chairman of the Commodity Futures Trading Commission, or the Secretary of Health and Human Services shall notify in writing and receive approval from the Committees on Appropriations of both Houses of Congress before implementing any program or activity not carried out during the previous fiscal year unless the program or activity is funded by this Act or specifically funded by any other Act.</ins>
- (d) <ins>None of the funds provided by this Act, or provided by previous Appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in the current fiscal year, or provided from any accounts in the Treasury derived by the collection of fees available to the agencies funded by this Act, shall be available for—</ins>
  - (1) <ins>modifying major capital investments funding levels, including information technology systems, that involves increasing or decreasing funds in the current fiscal year for the individual investment in excess of $500,000 or 10 percent of the total cost, whichever is less;</ins>
  - (2) <ins>realigning or reorganizing new, current, or vacant positions or agency activities or functions to establish a center, office, branch, or similar entity with five or more personnel; or</ins>
  - (3) <ins>carrying out activities or functions that were not described in the budget request;</ins>
- (e) <ins>As described in this section, no funds may be used for any activities unless the Secretary of Agriculture, the Chairman of the Commodity Futures Trading Commission, or the Secretary of Health and Human Services receives from the Committees on Appropriations of both Houses of Congress written or electronic mail confirmation of receipt of the notification as required in this section.</ins>

## Sec. 717 (unnamed section) — added

- <ins>Notwithstanding section 310B(g)(5) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932(g)(5)), the Secretary may assess a one-time fee for any guaranteed business and industry loan in an amount that does not exceed 3 percent of the guaranteed principal portion of the loan.</ins>

## Sec. 718 (unnamed section) — added

- <ins>None of the funds appropriated or otherwise made available to the Department of Agriculture, the Food and Drug Administration, the Commodity Futures Trading Commission, or the Farm Credit Administration shall be used to transmit or otherwise make available reports, questions, or responses to questions that are a result of information requested for the appropriations hearing process to any non-Department of Agriculture, non-Department of Health and Human Services, non-Commodity Futures Trading Commission, or non-Farm Credit Administration employee.</ins>

## Sec. 719 (unnamed section) — added

- <ins>Unless otherwise authorized by existing law, none of the funds provided in this Act, may be used by an executive branch agency to produce any prepackaged news story intended for broadcast or distribution in the United States unless the story includes a clear notification within the text or audio of the prepackaged news story that the prepackaged news story was prepared or funded by that executive branch agency.</ins>

## Sec. 720 (unnamed section) — added

- <ins>No employee of the Department of Agriculture may be detailed or assigned from an agency or office funded by this Act or any other Act to any other agency or office of the Department for more than 60 days in a fiscal year unless the individual’s employing agency or office is fully reimbursed by the receiving agency or office for the salary and expenses of the employee for the period of assignment.</ins>

## Sec. 721 (unnamed section) — added

- <ins>For the purposes of determining eligibility or level of program assistance for Rural Development programs the Secretary shall not include incarcerated prison populations.</ins>

## Sec. 722 (unnamed section) — added

- <ins>Not later than 30 days after the date of enactment of this Act, the Secretary of Agriculture, the Commissioner of the Food and Drug Administration, the Chairman of the Commodity Futures Trading Commission, and the Chairman of the Farm Credit Administration shall submit to the Committees on Appropriations of both Houses of Congress a detailed spending plan by program, project, and activity for all the funds made available under this Act including appropriated user fees, as defined in the report accompanying this Act.</ins>

## Sec. 723 (unnamed section) — added

- <ins>Of the unobligated balances from amounts made available for the supplemental nutrition program as authorized by section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786), $1,000,000,000 are hereby rescinded: Provided, That no amounts may be rescinded from amounts that were designated by the Congress as an emergency requirement pursuant to a Concurrent Resolution on the Budget or the Balanced Budget and Emergency Deficit Control Act of 1985.</ins>

## Sec. 724 (unnamed section) — added

- <ins>None of the funds made available by this Act may be used to implement section 3.7(f) of the Farm Credit Act of 1971 in a manner inconsistent with section 343(a)(13) of the Consolidated Farm and Rural Development Act.</ins>

## Sec. 725 (unnamed section) — added

- <ins>For loans and loan guarantees that do not require budget authority and the program level has been established in this Act, the Secretary of Agriculture may increase the program level for such loans and loan guarantees by not more than 25 percent: Provided, That prior to the Secretary implementing such an increase, the Secretary notifies, in writing, the Committees on Appropriations of both Houses of Congress at least 15 days in advance.</ins>

## Sec. 726 (unnamed section) — added

- <ins>None of the credit card refunds or rebates transferred to the Working Capital Fund pursuant to section 729 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2002 (7 U.S.C. 2235a; Public Law 107–76) shall be available for obligation without written notification to, and the prior approval of, the Committees on Appropriations of both Houses of Congress: Provided, That the refunds or rebates so transferred shall be available for obligation only for the acquisition of plant and capital equipment necessary for the delivery of financial, administrative, and information technology services, including cloud adoption and migration, of primary benefit to the agencies of the Department of Agriculture.</ins>

## Sec. 727 (unnamed section) — added

- <ins>None of the funds made available by this Act may be used to implement, administer, or enforce the “variety” requirements of the final rule entitled “Enhancing Retailer Standards in the Supplemental Nutrition Assistance Program (SNAP)” published by the Department of Agriculture in the Federal Register on December 15, 2016 (81 Fed. Reg. 90675) until the Secretary of Agriculture amends the definition of the term variety as de fined in section 278.1(b)(1)(ii)(C) of title 7, Code of Federal Regulations, and “variety” as applied in the definition of the term staple food as defined in section 271.2 of title 7, Code of Federal Regulations, to increase the number of items that qualify as acceptable varieties in each staple food category so that the total number of such items in each staple food category exceeds the number of such items in each staple food category included in the final rule as published on December 15, 2016: Provided, That until the Secretary promulgates such regulatory amendments, the Secretary shall apply the requirements regarding acceptable varieties and breadth of stock to Supplemental Nutrition Assistance Program retailers that were in effect on the day before the date of the enactment of the Agricultural Act of 2014 (Public Law 113–79).</ins>

## Sec. 728 (unnamed section) — added

- <ins>In carrying out subsection (h) of section 502 of the Housing Act of 1949 (42 U.S.C. 1472), the Secretary of Agriculture shall have the same authority with respect to loans guaranteed under such section and eligible lenders for such loans as the Secretary has under subsections (h) and (j) of section 538 of such Act (42 U.S.C. 1490p–2) with respect to loans guaranteed under such section 538 and eligible lenders for such loans.</ins>

## Sec. 729 (unnamed section) — added

- <ins>None of the funds made available by this Act may be used to propose, promulgate, or implement any rule, or take any other action with respect to, allowing or requiring information intended for a prescribing health care professional, in the case of a drug or biological product subject to section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)), to be distributed to such professional electronically (in lieu of in paper form) unless and until a Federal law is enacted to allow or require such distribution.</ins>

## Sec. 730 (unnamed section) — added

- <ins>Hereafter, and notwithstanding any other provision of law, ARS facilities as described in the “Memorandum of Understanding Between the U.S. Department of Agriculture Animal and Plant Health Inspection Service (APHIS) and the U.S. Department of Agriculture Agricultural Research Service (ARS) Concerning Laboratory Animal Welfare” (16–6100–0103–MU Revision 16–1) shall be inspected by APHIS for compliance with the Animal Welfare Act and its regulations and standards.</ins>

## Sec. 731 (unnamed section) — added

- <ins>Funds made available under title II of the Food for Peace Act (7 U.S.C. 1721 et seq.) may only be used to provide assistance to recipient nations if adequate monitoring and controls, as determined by the Administrator, are in place to ensure that emergency food aid is received by the intended beneficiaries in areas affected by food shortages and not diverted for unauthorized or inappropriate purposes.</ins>

## Sec. 732 (unnamed section) — added

- <ins>There is hereby appropriated $12,000,000, to remain available until expended, to carry out section 6407 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8107a): Provided, That the Secretary may allow eligible entities, or comparable entities that provide energy efficiency services using their own billing mechanism to offer loans to customers in any part of their service territory and to offer loans to replace a manufactured housing unit with another manufactured housing unit, if replacement would be more cost effective in saving energy.</ins>

## Sec. 733 (unnamed section) — added

- <ins>None of the funds (including fees) made available by this Act or any other Act for any fiscal year (including Acts other than appropriations Acts) may be used to finalize, implement, administer, enforce, carry out, or otherwise give effect to the final rule entitled “Supplemental Nutrition Assistance Program: Requirements for Able-Bodied Adults Without Dependents” published in the Federal Register on December 5, 2019 (84 Fed. Reg. 66782).</ins>

## Sec. 734 (unnamed section) — added

- <ins>None of the funds (including fees) made available by this Act or any other Act for any fiscal year (including Acts other than appropriations Acts) may be used to finalize, implement, administer, enforce, carry out, or otherwise give effect to the proposed rule entitled “Supplemental Nutrition Assistance Program: Standardization of State Heating and Cooling Standard Utility Allowances” published in the Federal Register on October 3, 2019 (84 Fed. Reg. 52809).</ins>

## Sec. 735 (unnamed section) — added

- <ins>None of the funds made available by this Act may be used to carry out any activities or incur any expense related to the issuance of licenses under section 3 of the Animal Welfare Act (7 U.S.C. 2133), or the renewal of such licenses, to class B dealers who sell dogs and cats for use in research, experiments, teaching, or testing.</ins>

## Sec. 736 (unnamed section) — added

- (a) <ins></ins>
  - (1) <ins>No Federal funds made available for this fiscal year for the rural water, waste water, waste disposal, and solid waste management programs authorized by sections 306, 306A, 306C, 306D, 306E, and 310B of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926 et seq.) shall be used for a project for the construction, alteration, maintenance, or repair of a public water or wastewater system unless all of the iron and steel products used in the project are produced in the United States.</ins>
  - (2) <ins>In this section, the term iron and steel products means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials.</ins>
- (b) <ins>Subsection (a) shall not apply in any case or category of cases in which the Secretary of Agriculture (in this section referred to as the “Secretary”) or the designee of the Secretary finds that—</ins>
  - (1) <ins>applying subsection (a) would be inconsistent with the public interest;</ins>
  - (2) <ins>iron and steel products are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or</ins>
  - (3) <ins>inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent.</ins>
- (c) <ins>If the Secretary or the designee receives a request for a waiver under this section, the Secretary or the designee shall make available to the public on an informal basis a copy of the request and information available to the Secretary or the designee concerning the request, and shall allow for informal public input on the request for at least 15 days prior to making a finding based on the request. The Secretary or the designee shall make the request and accompanying information available by electronic means, including on the official public Internet Web site of the Department.</ins>
- (d) <ins>This section shall be applied in a manner consistent with United States obligations under international agreements.</ins>
- (e) <ins>The Secretary may retain up to 0.25 percent of the funds appropriated in this Act for “Rural Utilities Service—Rural Water and Waste Disposal Program Account” for carrying out the provisions described in subsection (a)(1) for management and oversight of the requirements of this section.</ins>
- (f) <ins>Subsection (a) shall not apply with respect to a project for which the engineering plans and specifications include use of iron and steel products otherwise prohibited by such subsection if the plans and specifications have received required approvals from State agencies prior to the date of enactment of this Act.</ins>
- (g) <ins>For purposes of this section, the terms United States and State shall include each of the several States, the District of Columbia, and each federally recognized Indian tribe.</ins>

## Sec. 737 (unnamed section) — added

- <ins>None of the funds appropriated by this Act may be used in any way, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before Congress, other than to communicate to Members of Congress as described in 18 U.S.C. 1913.</ins>

## Sec. 738 (unnamed section) — added

- <ins>None of the funds made available by this Act may be used to procure raw or processed poultry products imported into the United States from the People’s Republic of China for use in the school lunch program under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.), the Child and Adult Care Food Program under section 17 of such Act (42 U.S.C. 1766), the Summer Food Service Program for Children under section 13 of such Act (42 U.S.C. 1761), or the school breakfast program under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).</ins>

## Sec. 739 (unnamed section) — added

- <ins>None of the funds made available by this Act may be used to pay the salaries or expenses of personnel—</ins>
- (1) <ins>to inspect horses under section 3 of the Federal Meat Inspection Act (21 U.S.C. 603);</ins>
- (2) <ins>to inspect horses under section 903 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 1901 note; Public Law 104–127); or</ins>
- (3) <ins>to implement or enforce section 352.19 of title 9, Code of Federal Regulations (or a successor regulation).</ins>

## Sec. 740 (unnamed section) — added

- <ins>Of the total amounts made available by this Act for direct loans and grants in section 732 and in the following headings: “Rural Housing Service—Rural Housing Insurance Fund Program Account”; “Rural Housing Service—Mutual and Self-Help Housing Grants”; “Rural Housing Service—Rural Housing Assistance Grants”; “Rural Housing Service—Rural Community Facilities Program Account”; “Rural Business–Cooperative Service—Rural Business Program Account”; “Rural Business–Cooperative Service—Rural Economic Development Loans Program Account”; “Rural Business–Cooperative Service—Rural Cooperative Development Grants”; “Rural Utilities Service—Rural Water and Waste Disposal Program Account”; “Rural Utilities Service—Rural Electrification and Telecommunications Loans Program Account”; and “Rural Utilities Service—Distance Learning, Telemedicine, and Broadband Program”, to the maximum extent feasible, at least 10 percent of the funds shall be allocated for assistance in persistent poverty counties under this section, including, notwithstanding any other provision regarding population limits, any county seat of such a persistent poverty county that has a population that does not exceed the authorized population limit by more than 10 percent: Provided, That for purposes of this section, the term persistent poverty counties means any county that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1990 and 2000 decennial censuses, and 2007–2011 American Community Survey 5-year average, or any territory or possession of the United States: Provided further, That with respect to specific activities for which program levels have been made available by this Act that are not supported by budget authority, the requirements of this section shall be applied to such program level.</ins>

## Sec. 741 (unnamed section) — added

- <ins>There is hereby appropriated $2,000,000, to remain available until September 30, 2022, for the National Institute of Food and Agriculture to issue a competitive grant to support the establishment of an Agriculture Business Innovation Center at a historically black college or university to serve as a technical assistance hub to enhance agriculture-based business development opportunities.</ins>

## Sec. 742 (unnamed section) — added

- <ins>In addition to any other funds made available in this Act or any other Act, there is appropriated $12,000,000 to carry out section 18(g)(8) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769(g)), to remain available until expended.</ins>

## Sec. 743 (unnamed section) — added

- <ins>There is hereby appropriated $5,000,000, to remain available until September 30, 2022, for the cost of loans and grants that is consistent with section 4206 of the Agricultural Act of 2014, for necessary expenses of the Secretary to support projects that provide access to healthy food in underserved areas, to create and preserve quality jobs, and to revitalize low-income communities.</ins>

## Sec. 744 (unnamed section) — added

- <ins>For an additional amount for “Animal and Plant Health Inspection Service—Salaries and Expenses”, $8,500,000, to remain available until September 30, 2022, for one-time control and management and associated activities directly related to the multiple-agency response to citrus greening.</ins>

## Sec. 745 (unnamed section) — added

- <ins>None of the funds made available by this Act may be used to notify a sponsor or otherwise acknowledge receipt of a submission for an exemption for investigational use of a drug or biological product under section 505(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(i)) or section 351(a)(3) of the Public Health Service Act (42 U.S.C. 262(a)(3)) in research in which a human embryo is intentionally created or modified to include a heritable genetic modification. Any such submission shall be deemed to have not been received by the Secretary, and the exemption may not go into effect.</ins>

## Sec. 746 (unnamed section) — added

- <ins>None of the funds made available by this or any other Act may be used to enforce the final rule promulgated by the Food and Drug Administration entitled “Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption,” and published on November 27, 2015, with respect to the regulation of entities that grow, harvest, pack, or hold wine grapes, hops, pulse crops, or almonds.</ins>

## Sec. 747 (unnamed section) — added

- <ins>For school year 2021–2022, only a school food authority that had a negative balance in the nonprofit school food service account as of December 31, 2020, shall be required to establish a price for paid lunches in accordance with section 12(p) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(p)).</ins>

## Sec. 748 (unnamed section) — added

- <ins>There is hereby appropriated $5,000,000, to remain available until September 30, 2022, for a pilot program for the National Institute of Food and Agriculture to provide grants to nonprofit organizations for programs and services to establish and enhance farming and ranching opportunities for military veterans.</ins>

## Sec. 749 (unnamed section) — added

- <ins>For school years 2020–2021 and 2021–2022, none of the funds made available by this Act may be used to implement or enforce the matter following the first comma in the second sentence of footnote (c) of section 220.8(c) of title 7, Code of Federal Regulations, with respect to the substitution of vegetables for fruits under the school breakfast program established under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773).</ins>

## Sec. 750 (unnamed section) — added

- <ins>Notwithstanding any other provision of law, the Secretary of Agriculture shall—</ins>
- (1) <ins>not later than 60 days after the date of the enactment of this Act, submit to the Committee on Appropriations of the House of Representatives the documents cited in Press Release No. 0176.18 of the Department of Agriculture as the basis for the September 6, 2018 decision to cancel the Forest Service application for the Rainy River Watershed Withdrawal, including—</ins>
  - (A) <ins>the environmental assessment entitled “Northern Minnesota Federal Minerals Withdrawal” and dated September 2018;</ins>
  - (B) <ins>each mineral resources report cited in such Release;</ins>
  - (C) <ins>each biological and economic impact assessment cited in such Release; and</ins>
  - (D) <ins>each document developed with respect to such Release relating to the potential impacts of proposed mineral activities in the Rainy River Watershed on—</ins>
    - (i) <ins>water resources;</ins>
    - (ii) <ins>wilderness areas; and</ins>
    - (iii) <ins>cultural resources; and</ins>
- (2) <ins>for the period beginning not later than 60 days after the date of the enactment of this Act and ending on the date that is 10 years thereafter, make publicly available on the website of the Department of Agriculture all documents (without redaction) described in paragraph (1).</ins>

## Sec. 751 (unnamed section) — added

- (a) <ins>The Secretary of Agriculture, acting through the Administrator of the Food Safety and Inspection Service, shall—</ins>
  - (1) <ins>revoke any line speed waivers issued to a processor subject to the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) or the Poultry Products Inspection Act (21 U.S.C. 451 et seq.) during the period beginning on or after the first day of the COVID–19 emergency period and ending on the date of the enactment of this Act; and</ins>
  - (2) <ins>subject to subsection (b), not issue any such waivers on or after such date of enactment, for the duration of the COVID–19 emergency period.</ins>
- (b) <ins>Notwithstanding subsection (a), the Secretary may issue a line speed waiver to a processor referred to in such subsection, if such processor—</ins>
  - (1) <ins>agrees to an inspection for such purpose conducted by the Assistant Secretary of Labor for Occupational Safety and Health; and</ins>
  - (2) <ins>the Assistant Secretary certifies to the Secretary of Agriculture that any increases in line speed at such processor’s facilities would not have an adverse impact on worker safety.</ins>
- (c) <ins>For purposes of this section, the term COVID–19 emergency period has the meaning given the term emergency period in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b–5(g)(1)(B)).</ins>

## Sec. 752 (unnamed section) — added

- <ins>In addition to any funds made available in this Act or any other Act, there is hereby appropriated $14,000,000, to remain available until September 30, 2022, for grants from the National Institute of Food and Agriculture to the 1890 Institutions to support the Centers of Excellence.</ins>

## Sec. 753 (unnamed section) — added

- <ins>There is hereby appropriated $2,000,000, to remain available until expended, for the Secretary of Agriculture to carry out a pilot program that assists rural hospitals to improve long-term operations and financial health by providing technical assistance through analysis of current hospital management practices.</ins>

## Sec. 754 (unnamed section) — added

- <ins>There is hereby appropriated $3,000,000, to remain available until expended, for grants under section 12502 of Public Law 115–334.</ins>

## Sec. 755 (unnamed section) — added

- <ins>There is hereby appropriated $2,000,000 to carry out section 1621 of Public Law 110–246.</ins>

## Sec. 756 (unnamed section) — added

- <ins>The Secretary of Agriculture shall—</ins>
- (1) <ins>within 30 days of enactment of this Act, publish a notice in the Federal Register of the Department’s intent to lift the stay issued on July 31, 2013 (78 Fed. Reg. 46255) and a proposed date upon which the final rule published on December 31, 2012 (77 Fed. Reg. 76815) (“the final rule”) shall be become effective;</ins>
- (2) <ins>take public comments on the notice for not more than 60 days; and</ins>
- (3) <ins>not later than 30 days after the end of the comment period, publish in the Federal Register the date upon which the stay is lifted and the final rule shall become effective.</ins>

## Sec. 757 (unnamed section) — added

- <ins>There is hereby appropriated $3,000,000, to remain available until September 30, 2022, to carry out section 4003(b) of Public Law 115–334 relating to demonstration projects for Tribal Organizations.</ins>

## Sec. 758 (unnamed section) — added

- <ins>There is hereby appropriated $1,000,000 to carry out section 3307 of Public Law 115–334.</ins>

## Sec. 759 (unnamed section) — added

- <ins>The Secretary of Agriculture may waive the matching funds requirement under Section 412(g) of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7632(g)).</ins>

## Sec. 760 (unnamed section) — added

- <ins>There is hereby appropriated $15,000,000, to remain available until September 30, 2022, to carry out section 23 of the Child Nutrition Act of 1966 (42 U.S.C. 1793), of which $2,000,000 shall be for grants under such section to the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, Guam, and American Samoa.</ins>

## Sec. 761 (unnamed section) — added

- <ins>Any funds made available by this or any other Act that the Secretary withholds pursuant to section 1668(g)(2) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5921(g)(2)), as amended, shall be available for grants for biotechnology risk assessment research: Provided , That the Secretary may transfer such funds to appropriations of the Department of Agriculture.</ins>

## Sec. 762 (unnamed section) — added

- <ins>There is hereby appropriated $7,000,000 (increased by $3,000,000) to carry out section 222 of Subtitle A of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6923) as amended by section 12302 of Public Law 115–334.</ins>

## Sec. 763 (unnamed section) — added

- <ins>There is hereby appropriated $500,000 to carry out section 224 of Subtitle A of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6924) as amended by section 12504 of Public Law 115–334.</ins>

## Sec. 764 (unnamed section) — added

- <ins>There is hereby appropriated $1,000,000, to remain available until September 30, 2022, to carry out section 4208 of Public Law 115–334.</ins>

## Sec. 765 (unnamed section) — added

- <ins>There is hereby appropriated $400,000 to carry out section 1672(g)(4)(B) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925(g)(4(B)) as amended by section 7209 of Public Law 115–334.</ins>

## Sec. 766 (unnamed section) — added

- <ins>There is hereby appropriated $5,000,000 to carry out section 12301 of Public Law 115–334.</ins>

## Sec. 767 (unnamed section) — added

- <ins>There is hereby appropriated $5,000,000 to carry out section 1450 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222e) as amended by section 7120 of Public Law 115–334.</ins>

## Sec. 768 (unnamed section) — added

- <ins>There is hereby appropriated $1,000,000 to carry out section 1671 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5924) as amended by section 7208 of Public Law 115–334.</ins>

## Sec. 769 (unnamed section) — added

- <ins>In response to an eligible community where the drinking water supplies are inadequate due to a natural disaster, as determined by the Secretary, including drought or severe weather, the Secretary may provide potable water through the Emergency Community Water Assistance Grant Program for an additional period of time not to exceed 120 days beyond the established period provided under the Program in order to protect public health.</ins>

## Sec. 770 (unnamed section) — added

- <ins>There is hereby appropriated $5,000,000 (increased by $5,000,000) to remain available until September 30, 2022, to carry out section 4206 of Public Law 115–334.</ins>

## Sec. 771 (unnamed section) — added

- <ins>There is hereby appropriated $1,000,000 (increased by $5,000,000), to remain available until expended, to carry out section 12513 of Public Law 115–334.</ins>

## Sec. 772 (unnamed section) — added

- (a) <ins>There is hereby appropriated $915,000,000 (reduced by $50,000,000) (increased by $50,000,000), to remain available until expended, for an additional amount for “Rural Utilities Service—Distance Learning, Telemedicine, and Broadband Program” for the same purpose and under the same terms and conditions as funds appropriated by section 779 of Public Law 115–141 (as amended by section 776).</ins>
- (b) <ins>Section 313(b) of the Rural Electrification Act of 1936, as amended (7 U.S.C. 940c(b)), shall be applied for fiscal year 2021 and each fiscal year thereafter until the specified funding has been expended as if the following were inserted after the final period in subsection (b)(2): “In addition, the Secretary shall use, for the same purpose and under the same terms and conditions as funds appropriated by section 779 of Public Law 115–141, $425,000,000 of funds available in this subaccount in fiscal year 2019 and thereafter until expended; $255,000,000 of funds available in this subaccount in fiscal year 2020 and thereafter until expended; and $75,000,000 of funds available in this subaccount in fiscal year 2021 and thereafter until expended: Provided, That any use of such funds shall be treated as a reprogramming of funds under section 716 of this Act.”.</ins>
- (c) <ins>Section 787(b) of division B of Public Law 116–94 shall no longer apply.</ins>

## Sec. 773 (unnamed section) — added

- <ins>Hereafter, and notwithstanding any other provision of law, no funds available to the Department of Agriculture may be used to move any staff office or any agency from the mission area in which it was located on August 1, 2018, to any other mission area or office within the Department in the absence of the enactment of specific legislation affirming such move.</ins>

## Sec. 774 (unnamed section) — added

- <ins>There is hereby appropriated $10,000,000, to remain available until expended, for the Secretary of Agriculture to carry out a pilot program to provide financial assistance for rural communities to further develop renewable energy.</ins>

## Sec. 775 (unnamed section) — added

- <ins>Section 9(i)(2) of the Food and Nutrition Act of 2008 (7 U.S.C. 2018(i)(2)) is amended by striking “December 31, 2020” and inserting “December 31, 2021”.</ins>

## Sec. 776 (unnamed section) — added

- <ins>Section 779 of Public Law 115–141 is amended by striking “efforts made” in the fourth proviso and inserting “service provided”.</ins>

## Sec. 777 (unnamed section) — added

- <ins>The Secretary, acting through the Chief of the Natural Resources Conservation Service, may use funds appropriated under this Act for the Watershed and Flood Prevention Operations Program and the Watershed Rehabilitation Program carried out pursuant to the Watershed Protection and Flood Prevention Act (16 U.S.C. 1001 et seq.), and for the Emergency Watershed Protection Program carried out pursuant to section 403 of the Agricultural Credit Act of 1978 (16 U.S.C. 2203) to provide technical services for such programs pursuant to section 1252(a)(1) of the Food Security Act of 1985 (16 U.S.C. 3851(a)(1)), notwithstanding subsection (c) of such section.</ins>

## Sec. 778 (unnamed section) — added

- (a) <ins>The Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs (Commissioner), shall explore and, if it determines to be feasible, implement a number of options for regulating the export of shrimp to the United States from other countries, such as sampling of products prior to export to the United States, increasing foreign inspections of export facilities, increased seafood importer inspections, foreign surveillance inspections at overseas manufacturing sites, enhanced import screening, higher rates of examination and sampling, use of third-party audits, and formal seafood arrangements with foreign competent authorities.</ins>
- (b) <ins>The Commissioner shall especially consider the following: (1) that appropriate controls are applied to shrimp feed and production ponds, processing plants, and facilities throughout the chain of distribution to determine compliance with seafood safety requirements; (2) dedicate its inspectional effort to determine compliance with seafood arrangements, once established, from any dedicated funds; (3) provide an annual report to the Committee before the end of fiscal years 2021, 2022, and 2023 with the reporting requirement goal being to provide the Committee information related to FDA’s oversight of the safety of shrimp products imported into the United States.</ins>

## Sec. 779 (unnamed section) — added

- <ins>Section 7605(b) of the Agriculture Improvement Act of 2018 (7 U.S.C. 5940 note; Public Law 115–334) shall be applied by substituting “September 30, 2021” for “the date that is 1 year after the date on which the Secretary establishes a plan under section 297C of the Agricultural Marketing Act of 1946”.</ins>

## Sec. 780 (unnamed section) — added

- <ins>None of the funds made available by this or any other act may be used to restrict the offering of low-fat (1% fat) flavored milk in the National School Lunch Program or School Breakfast Program, as long as such milk is not inconsistent with the most recent Dietary Guidelines for Americans published under section 301 of the National Nutrition Monitoring and Related Research Act of 1990.</ins>

## Sec. 781 (unnamed section) — added

- <ins>The Commissioner of the Food and Drug Administration shall develop a plan within 180 days of enactment that would allow the Agency to identify, detain and refuse all FDA regulated products originating from foreign establishments that did not allow FDA investigators immediate physical access to the registered establishment and its records to determine a registered establishment’s ongoing compliance with FDA laws and regulations. Any foreign establishment that meets these criteria may be placed on import alert. This import alert would be specific for this foreign establishment, focusing on detaining all products from this establishment.</ins>

## Sec. 782 (unnamed section) — added

- <ins>In administering the pilot program established by section 779 of division A of the Consolidated Appropriations Act, 2018 (Public Law 115–141), the Secretary of Agriculture may, for purposes of determining entities eligible to receive assistance, consider those communities which are “Areas Rural in Character”: Provided , That not more than 10 percent of the funds made available by section 772 may be used for this purpose.</ins>

## Sec. 783 (unnamed section) — added

- <ins>Not later than 1 year after the date of enactment of this Act, the National Academy of Sciences, Engineering, and Medicine shall complete a review and provide a report to the Secretary of Agriculture, the Secretary of Health and Human Services, and the Congress, on the most recent edition of the dietary guidelines for Americans that includes the following:</ins>
- (1) <ins>A comparative analysis of the scientific methodologies, review protocols, and evaluation processes used to develop the most recently issued guidelines as compared to recommendations included in the National Academy of Sciences, Engineering, and Medicine September 2017 report entitled “Redesigning the Process for Establishing the Dietary Guidelines for Americans”.</ins>
- (2) <ins>A comparative analysis of the scientific studies used to develop such guidelines to determine the dietary needs of Americans with diet-related metabolic diseases as compared to the most current and rigorous scientific studies on diet and diet-related metabolic diseases available.</ins>
- (3) <ins>An analysis of how full implementation of the recommendations described in paragraph (1) would have affected the most recently issued guidelines.</ins>

## Sec. 784 (unnamed section) — added

- (a) <ins>Section 569D of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb–8d) is amended—</ins>
  - (1) <ins>in the section heading, by striking “CONTROLLED SUBSTANCES” and inserting “DRUGS AND CONTROLLED SUBSTANCES”;</ins>
  - (2) <ins>by striking “controlled substance” each place such term appears and inserting “drug or controlled substance”;</ins>
  - (3) <ins>in subsection (b), by striking “controlled substances” and inserting “drugs or controlled substances”; and</ins>
  - (4) <ins>in subsection (c), by striking “or an official senior to such Director” and inserting the following: “or the Director of the Center for Biologics Evaluation and Research (or an official senior to either such Director)”.</ins>
- (b) <ins>Section 801(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381(a)) is amended by striking “is a controlled substance subject to an order under section 569D” and inserting “is a drug or controlled substance subject to an order under section 569D”.</ins>

## Sec. 785 (unnamed section) — added

- <ins>None of the funds made available by this Act under the heading “DOMESTIC FOOD PROGRAMS—Food and Nutrition Service—Supplemental Nutrition Assistance Program” may be used in contravention of section 107(b) of division A of the Victims of Trafficking and Violence Protection Act of 2000 (114 Stat. 1475; 22 U.S.C. 7105(b)).</ins>

## Sec. 786 (unnamed section) — added

- (a) <ins>None of the funds appropriated or otherwise made available by this Act may be made available to enter into any new contract, grant, or cooperative agreement with any entity listed in subsection (b).</ins>
- (b) <ins>The entities listed in this subsection are the following:</ins>

## Sec. 787 (unnamed section) — added

- <ins>None of the funds made available by this Act may be used implement the Executive Order No. 13917, issued on April 28, 2020, entitled “Delegating authority under the Defense Production Act with respect to food supply chain resources during the national emergency caused by the outbreak of COVID–19” (85 Fed. Reg. 26313).</ins>

## (unnamed section) — added

- <ins>That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2021, and for other purposes, namely:</ins>

## Sec. 101 (unnamed section) — added

- <ins>Appropriations made in this title shall be available for expenditure or transfer (within each bureau or office), with the approval of the Secretary, for the emergency reconstruction, replacement, or repair of aircraft, buildings, utilities, or other facilities or equipment damaged or destroyed by fire, flood, storm, or other unavoidable causes: Provided, That no funds shall be made available under this authority until funds specifically made available to the Department of the Interior for emergencies shall have been exhausted: Provided further, That all funds used pursuant to this section must be replenished by a supplemental appropriation, which must be requested as promptly as possible.</ins>

## Sec. 102 (unnamed section) — added

- <ins>The Secretary may authorize the expenditure or transfer of any no year appropriation in this title, in addition to the amounts included in the budget programs of the several agencies, for the suppression or emergency prevention of wildland fires on or threatening lands under the jurisdiction of the Department of the Interior; for the emergency rehabilitation of burned-over lands under its jurisdiction; for emergency actions related to potential or actual earthquakes, floods, volcanoes, storms, or other unavoidable causes; for contingency planning subsequent to actual oil spills; for response and natural resource damage assessment activities related to actual oil spills or releases of hazardous substances into the environment; for the prevention, suppression, and control of actual or potential grasshopper and Mormon cricket outbreaks on lands under the jurisdiction of the Secretary, pursuant to the authority in section 417(b) of Public Law 106–224 (7 U.S.C. 7717(b)); for emergency reclamation projects under section 410 of Public Law 95–87; and shall transfer, from any no year funds available to the Office of Surface Mining Reclamation and Enforcement, such funds as may be necessary to permit assumption of regulatory authority in the event a primacy State is not carrying out the regulatory provisions of the Surface Mining Act: Provided, That appropriations made in this title for wildland fire operations shall be available for the payment of obligations incurred during the preceding fiscal year, and for reimbursement to other Federal agencies for destruction of vehicles, aircraft, or other equipment in connection with their use for wildland fire operations, with such reimbursement to be credited to appropriations currently available at the time of receipt thereof: Provided further, That for wildland fire operations, no funds shall be made available under this authority until the Secretary determines that funds appropriated for “wildland fire suppression” shall be exhausted within 30 days: Provided further, That all funds used pursuant to this section must be replenished by a supplemental appropriation, which must be requested as promptly as possible: Provided further, That such replenishment funds shall be used to reimburse, on a pro rata basis, accounts from which emergency funds were transferred.</ins>

## Sec. 103 (unnamed section) — added

- <ins>Appropriations made to the Department of the Interior in this title shall be available for services as authorized by section 3109 of title 5, United States Code, when authorized by the Secretary, in total amount not to exceed $500,000; purchase and replacement of motor vehicles, including specially equipped law enforcement vehicles; hire, maintenance, and operation of aircraft; hire of passenger motor vehicles; purchase of reprints; payment for telephone service in private residences in the field, when authorized under regulations approved by the Secretary; and the payment of dues, when authorized by the Secretary, for library membership in societies or associations which issue publications to members only or at a price to members lower than to subscribers who are not members.</ins>

## Sec. 104 (unnamed section) — added

- <ins>Appropriations made in this Act under the headings Bureau of Indian Affairs and Bureau of Indian Education, and Office of the Special Trustee for American Indians and any unobligated balances from prior appropriations Acts made under the same headings shall be available for expenditure or transfer for Indian trust management and reform activities. Total funding for historical accounting activities shall not exceed amounts specifically designated in this Act for such purpose. The Secretary shall notify the House and Senate Committees on Appropriations within 60 days of the expenditure or transfer of any funds under this section, including the amount expended or transferred and how the funds will be used.</ins>

## Sec. 105 (unnamed section) — added

- <ins>Notwithstanding any other provision of law, the Secretary of the Interior is authorized to redistribute any Tribal Priority Allocation funds, including tribal base funds, to alleviate tribal funding inequities by transferring funds to address identified, unmet needs, dual enrollment, overlapping service areas or inaccurate distribution methodologies. No tribe shall receive a reduction in Tribal Priority Allocation funds of more than 10 percent in fiscal year 2021. Under circumstances of dual enrollment, overlapping service areas or inaccurate distribution methodologies, the 10 percent limitation does not apply.</ins>

## Sec. 106 (unnamed section) — added

- <ins>Notwithstanding any other provision of law, the Secretary of the Interior is authorized to acquire lands, waters, or interests therein including the use of all or part of any pier, dock, or landing within the State of New York and the State of New Jersey, for the purpose of operating and maintaining facilities in the support of transportation and accommodation of visitors to Ellis, Governors, and Liberty Islands, and of other program and administrative activities, by donation or with appropriated funds, including franchise fees (and other monetary consideration), or by exchange; and the Secretary is authorized to negotiate and enter into leases, subleases, concession contracts or other agreements for the use of such facilities on such terms and conditions as the Secretary may determine reasonable.</ins>

## Sec. 107 (unnamed section) — added

- (a) <ins>In fiscal year 2021, the Secretary shall collect a nonrefundable inspection fee, which shall be deposited in the “Offshore Safety and Environmental Enforcement” account, from the designated operator for facilities subject to inspection under 43 U.S.C. 1348(c).</ins>
- (b) <ins>Annual fees shall be collected for facilities that are above the waterline, excluding drilling rigs, and are in place at the start of the fiscal year. Fees for fiscal year 2021 shall be—</ins>
  - (1) <ins>$10,500 for facilities with no wells, but with processing equipment or gathering lines;</ins>
  - (2) <ins>$17,000 for facilities with 1 to 10 wells, with any combination of active or inactive wells; and</ins>
  - (3) <ins>$31,500 for facilities with more than 10 wells, with any combination of active or inactive wells.</ins>
- (c) <ins>Fees for drilling rigs shall be assessed for all inspections completed in fiscal year 2021. Fees for fiscal year 2021 shall be—</ins>
  - (1) <ins>$30,500 per inspection for rigs operating in water depths of 500 feet or more; and</ins>
  - (2) <ins>$16,700 per inspection for rigs operating in water depths of less than 500 feet.</ins>
- (d) <ins>Fees for inspection of well operations conducted via non-rig units as outlined in title 30 CFR 250 subparts D, E, F, and Q shall be assessed for all inspections completed in fiscal year 2021. Fees for fiscal year 2021 shall be—</ins>
  - (1) <ins>$13,260 per inspection for non-rig units operating in water depths of 2,500 feet or more;</ins>
  - (2) <ins>$11,530 per inspection for non-rig units operating in water depths between 500 and 2,499 feet; and</ins>
  - (3) <ins>$4,470 per inspection for non-rig units operating in water depths of less than 500 feet.</ins>
- (e) <ins>The Secretary shall bill designated operators under subsection (b) quarterly, with payment required within 30 days of billing. The Secretary shall bill designated operators under subsection (c) within 30 days of the end of the month in which the inspection occurred, with payment required within 30 days of billing. The Secretary shall bill designated operators under subsection (d) with payment required by the end of the following quarter.</ins>

## Sec. 108 (unnamed section) — added

- <ins>Notwithstanding any other provision of this Act, the Secretary of the Interior may enter into multiyear cooperative agreements with nonprofit organizations and other appropriate entities, and may enter into multiyear contracts in accordance with the provisions of section 3903 of title 41, United States Code (except that the 5-year term restriction in subsection (a) shall not apply), for the long-term care and maintenance of excess wild free roaming horses and burros by such organizations or entities on private land. Such cooperative agreements and contracts may not exceed 10 years, subject to renewal at the discretion of the Secretary.</ins>

## Sec. 109 (unnamed section) — added

- <ins>The United States Fish and Wildlife Service shall, in carrying out its responsibilities to protect threatened and endangered species of salmon, implement a system of mass marking of salmonid stocks, intended for harvest, that are released from federally operated or federally financed hatcheries including but not limited to fish releases of coho, chinook, and steelhead species. Marked fish must have a visible mark that can be readily identified by commercial and recreational fishers.</ins>

## Sec. 110 (unnamed section) — added

- <ins>Notwithstanding any other provision of law, during fiscal year 2021, in carrying out work involving cooperation with State, local, and tribal governments or any political subdivision thereof, Indian Affairs may record obligations against accounts receivable from any such entities, except that total obligations at the end of the fiscal year shall not exceed total budgetary resources available at the end of the fiscal year.</ins>

## Sec. 111 (unnamed section) — added

- (a) <ins>Notwithstanding any other provision of law relating to Federal grants and cooperative agreements, the Secretary of the Interior is authorized to make grants to, or enter into cooperative agreements with, private nonprofit organizations designated by the Secretary of Labor under title V of the Older Americans Act of 1965 to utilize the talents of older Americans in programs authorized by other provisions of law administered by the Secretary and consistent with such provisions of law.</ins>
- (b) <ins>Prior to awarding any grant or agreement under subsection (a), the Secretary shall ensure that the agreement would not—</ins>
  - (1) <ins>result in the displacement of individuals currently employed by the Department, including partial displacement through reduction of non-overtime hours, wages, or employment benefits;</ins>
  - (2) <ins>result in the use of an individual under the Department of the Interior Experienced Services Program for a job or function in a case in which a Federal employee is in a layoff status from the same or substantially equivalent job within the Department; or</ins>
  - (3) <ins>affect existing contracts for services.</ins>

## Sec. 112 (unnamed section) — added

- <ins>Amounts appropriated by this Act to the Department of the Interior shall be available for obligation and expenditure not later than 60 days after the date of enactment of this Act.</ins>

## Sec. 113 (unnamed section) — added

- (a) <ins>Section 708(a) of division II of Public Law 104–333, as amended by Public Law 110–229 section 461, is further amended by striking “$15,000,000” and inserting “$17,000,000”.</ins>
- (b) <ins>Section 109(a) of title I of Public Law 106–278 is amended by striking “$10,000,000” and inserting “$12,000,000”.</ins>

## Sec. 114 (unnamed section) — added

- <ins>The Secretary of the Interior, in order to implement an orderly transition to separate accounts of the Bureau of Indian Affairs and the Bureau of Indian Education, may transfer funds among and between the successor offices and bureaus affected by the reorganization only in conformance with the reprogramming guidelines described in this Act.</ins>

## Sec. 115 (unnamed section) — added

- <ins>Section 6906 of title 31, United States Code, shall be applied by substituting “fiscal year 2021” for “fiscal year 2019”.</ins>

## Sec. 116 (unnamed section) — added

- (a) <ins>Subject to subsection (b), for fiscal year 2021 and each fiscal year thereafter, in any case in which the Bureau of Safety and Environmental Enforcement or the Bureau of Ocean Energy Management prescribes or approves any departure or use of alternate procedure or equipment, in regards to a plan or permit, under 30 CFR § 585.103, 30 CFR § 550.141; 30 CFR §550.142; 30 CFR § 250.141, or 30 CFR § 250.142, the head of such bureau shall post a description of such departure or alternate procedure or equipment use approval on such bureau’s publicly available website not more than 15 business days after such issuance.</ins>
- (b) <ins>The head of each bureau may exclude confidential business information.</ins>

## Sec. 117 (unnamed section) — added

- <ins>None of the funds made available to the Department of the Interior by this or any other Act may be used to conduct a lease sale pursuant to section 20001(c)(1) of Public Law 115–97 which does not contain a national minimum acceptable bid amount sufficient to produce Federal receipts to the Treasury, net of any state share, of no less than 50 percent of the amount required by section 2001(b) of H. Con. Res. 71, the concurrent resolution on the budget for fiscal year 2018, as agreed to on October 26, 2017.</ins>

## Sec. 118 (unnamed section) — added

- <ins>Beginning in fiscal year 2022 and each fiscal year thereafter, amounts deposited in the National Park Medical Services Fund established pursuant to section 2404(b) of Public Law 116–9 shall be classified as discretionary offsetting receipts.</ins>

## Sec. 119 (unnamed section) — added

- (a) <ins>None of the funds made available in this Act may be used by the Secretary of the Interior or the Bureau of Ocean Energy Management to conduct or authorize oil and gas preleasing, leasing, or related activities, including but not limited to the issuance of permits for geological and geophysical exploration, in any planning area where the 2017-2022 Outer Continental Shelf Oil and Gas Leasing Proposed Final Program (November 2016) did not schedule leases.</ins>
- (b) <ins>The restrictions under subsection (a) apply to the formal steps identified by the Department of the Interior and the enabling steps prior to leasing, including the issuance of permits for geological and geophysical exploration.</ins>

## Sec. 120 (unnamed section) — added

- <ins>Notwithstanding any other provision of law or Federal regulation, federally recognized Indian tribes or authorized tribal organizations that receive Tribally-Controlled School Grants pursuant to Public Law 100–297 may obtain interagency motor vehicles and related services for performance of any activities carried out under such grants to the same extent as if they were contracting under the Indian Self-Determination and Education Assistance Act.</ins>

## Sec. 121 (unnamed section) — added

- <ins>On request of the Commonwealth of Virginia or the District of Columbia, as applicable, the Secretary of the Interior (acting through the Director of the National Park Service) (referred to in this section as the “Secretary”) may convey to the State of Virginia and/or the District of Columbia, subject to any terms and conditions the Secretary deems necessary, any Federal land or interests therein under the jurisdiction of the Secretary that are identified by the Commonwealth of Virginia and/or the District of Columbia as necessary for the Long Bridge Project, which consists of improvements to Long Bridge and related railroad infrastructure between RO Interlocking in Arlington, Virginia and L’Enfant Interlocking near 10th Street SW in the District. The Long Bridge Project will expand commuter and regional passenger rail service and provide bicycle and pedestrian access crossings over the Potomac River. Such conveyance is for the sole purposes of railroad and recreational use. If such conveyance is no longer being used for such purposes, then the lands or interests therein shall revert to the National Park Service after they have been restored and remediated to the satisfaction of the Secretary. The Secretary may also permit the temporary use of any additional land that is identified as necessary for the construction of these projects, subject to any terms and conditions deemed necessary. Notwithstanding any other provision of law, the National Park Service may recover and retain all costs of providing or procuring necessary services associated with the aforementioned conveyances or special use permits and said amounts shall be available to the Service until expended, without further appropriation.</ins>

## Sec. 122 (unnamed section) — added

- <ins>None of the funds provided in this Act or any other Act shall be used to develop or implement a Secretarial Order to create a Bureau to perform the functions or activities of the Office of Special Trustee of American Indians.</ins>

## Sec. 123 (unnamed section) — added

- <ins>None of the funds made available by this Act may be used to nominate or accept a nomination or an expression of interest for oil and gas leasing under the Mineral Leasing Act (30 U.S.C. 181 et seq.), or conduct any oil and gas leasing, permitting, or exploration activities for any Federal lands or minerals within the areas covered by—</ins>
- (1) <ins>the Final Central Coast Resource Management Plan Amendment for Oil and Gas Leasing and Development published by the Bureau of Land Management in October, 2019;</ins>
- (2) <ins>the Resource Management Plan for the Bakersfield Field Office, published by the Bureau of Land Management in December, 2014; or</ins>
- (3) <ins>the Carrizo Plain National Monument Resource Management Plan, published by the Department of the Interior in April, 2010.</ins>

## Sec. 401 (unnamed section) — added

- <ins>No part of any appropriation contained in this Act shall be available for any activity or the publication or distribution of literature that in any way tends to promote public support or opposition to any legislative proposal on which Congressional action is not complete other than to communicate to Members of Congress as described in 18 U.S.C. 1913.</ins>

## Sec. 402 (unnamed section) — added

- <ins>No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.</ins>

## Sec. 403 (unnamed section) — added

- <ins>The amount and basis of estimated overhead charges, deductions, reserves or holdbacks, including working capital fund and cost pool charges, from programs, projects, activities and subactivities to support government-wide, departmental, agency, or bureau administrative functions or headquarters, regional, or central operations shall be presented in annual budget justifications and subject to approval by the Committees on Appropriations of the House of Representatives and the Senate. Changes to such estimates shall be presented to the Committees on Appropriations for approval.</ins>

## Sec. 404 (unnamed section) — added

- (a) <ins>Limitation of Funds—</ins> <ins>None of the funds appropriated or otherwise made available pursuant to this Act shall be obligated or expended to accept or process applications for a patent for any mining or mill site claim located under the general mining laws.</ins>
- (b) <ins>Exceptions—</ins> <ins>Subsection (a) shall not apply if the Secretary of the Interior determines that, for the claim concerned (1) a patent application was filed with the Secretary on or before September 30, 1994; and (2) all requirements established under sections 2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) for vein or lode claims, sections 2329, 2330, 2331, and 2333 of the Revised Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and section 2337 of the Revised Statutes (30 U.S.C. 42) for mill site claims, as the case may be, were fully complied with by the applicant by that date.</ins>
- (c) <ins>Report—</ins> <ins>On September 30, 2022, the Secretary of the Interior shall file with the House and Senate Committees on Appropriations and the Committee on Natural Resources of the House and the Committee on Energy and Natural Resources of the Senate a report on actions taken by the Department under the plan submitted pursuant to section 314(c) of the Department of the Interior and Related Agencies Appropriations Act, 1997 (Public Law 104–208).</ins>
- (d) <ins>Mineral Examinations—</ins> <ins>In order to process patent applications in a timely and responsible manner, upon the request of a patent applicant, the Secretary of the Interior shall allow the applicant to fund a qualified third-party contractor to be selected by the Director of the Bureau of Land Management to conduct a mineral examination of the mining claims or mill sites contained in a patent application as set forth in subsection (b). The Bureau of Land Management shall have the sole responsibility to choose and pay the third-party contractor in accordance with the standard procedures employed by the Bureau of Land Management in the retention of third-party contractors.</ins>

## Sec. 405 (unnamed section) — added

- <ins>Sections 405 and 406 of division F of the Consolidated and Further Continuing Appropriations Act, 2015 (Public Law 113–235) shall continue in effect in fiscal year 2021.</ins>

## Sec. 406 (unnamed section) — added

- <ins>Amounts provided by this Act for fiscal year 2021 under the headings “Department of Health and Human Services, Indian Health Service, Contract Support Costs” and “Department of the Interior, Bureau of Indian Affairs and Bureau of Indian Education, Contract Support Costs” are the only amounts available for contract support costs arising out of self-determination or self-governance contracts, grants, compacts, or annual funding agreements for fiscal year 2021 with the Bureau of Indian Affairs, Bureau of Indian Education, and the Indian Health Service: Provided, That such amounts provided by this Act are not available for payment of claims for contract support costs for prior years, or for repayments of payments for settlements or judgments awarding contract support costs for prior years.</ins>

## Sec. 407 (unnamed section) — added

- <ins>The Secretary of Agriculture shall not be considered to be in violation of subparagraph 6(f)(5)(A) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A)) solely because more than 15 years have passed without revision of the plan for a unit of the National Forest System. Nothing in this section exempts the Secretary from any other requirement of the Forest and Rangeland Renewable Resources Planning Act (16 U.S.C. 1600 et seq.) or any other law: Provided, That if the Secretary is not acting expeditiously and in good faith, within the funding available, to revise a plan for a unit of the National Forest System, this section shall be void with respect to such plan and a court of proper jurisdiction may order completion of the plan on an accelerated basis.</ins>

## Sec. 408 (unnamed section) — added

- <ins>No funds provided in this Act may be expended to conduct preleasing, leasing and related activities under either the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) within the boundaries of a National Monument established pursuant to the Act of June 8, 1906 (16 U.S.C. 431 et seq.) as such boundary existed on January 20, 2001, except where such activities are allowed under the Presidential proclamation establishing such monument.</ins>

## Sec. 409 (unnamed section) — added

- <ins>Unless otherwise provided herein, no funds appropriated in this Act for the acquisition of lands or interests in lands may be expended for the filing of declarations of taking or complaints in condemnation without the approval of the House and Senate Committees on Appropriations: Provided, That this provision shall not apply to funds appropriated to implement the Everglades National Park Protection and Expansion Act of 1989, or to funds appropriated for Federal assistance to the State of Florida to acquire lands for Everglades restoration purposes.</ins>

## Sec. 410 (unnamed section) — added

- <ins>None of the funds appropriated or otherwise made available by this Act to executive branch agencies may be used to enter into any Federal contract unless such contract is entered into in accordance with the requirements of Chapter 33 of title 41, United States Code, or Chapter 137 of title 10, United States Code, and the Federal Acquisition Regulation, unless—</ins>
- (1) <ins>Federal law specifically authorizes a contract to be entered into without regard for these requirements, including formula grants for States, or federally recognized Indian tribes;</ins>
- (2) <ins>such contract is authorized by the Indian Self-Determination and Education Assistance Act (Public Law 93–638, 25 U.S.C. 450 et seq.) or by any other Federal laws that specifically authorize a contract within an Indian tribe as defined in section 4(e) of that Act (25 U.S.C. 450b(e)); or</ins>
- (3) <ins>such contract was awarded prior to the date of enactment of this Act.</ins>

## Sec. 411 (unnamed section) — added

- (a) <ins>Any agency receiving funds made available in this Act, shall, subject to subsections (b) and (c), post on the public website of that agency any report required to be submitted by the Congress in this or any other Act, upon the determination by the head of the agency that it shall serve the national interest.</ins>
- (b) <ins>Subsection (a) shall not apply to a report if—</ins>
  - (1) <ins>the public posting of the report compromises national security; or</ins>
  - (2) <ins>the report contains proprietary information.</ins>
- (c) <ins>The head of the agency posting such report shall do so only after such report has been made available to the requesting Committee or Committees of Congress for no less than 45 days.</ins>

## Sec. 412 (unnamed section) — added

- <ins>Of the funds provided to the National Endowment for the Arts:</ins>
- (1) <ins>The Chairperson shall only award a grant to an individual if such grant is awarded to such individual for a literature fellowship, National Heritage Fellowship, or American Jazz Masters Fellowship.</ins>
- (2) <ins>The Chairperson shall establish procedures to ensure that no funding provided through a grant, except a grant made to a State or local arts agency, or regional group, may be used to make a grant to any other organization or individual to conduct activity independent of the direct grant recipient. Nothing in this subsection shall prohibit payments made in exchange for goods and services.</ins>
- (3) <ins>No grant shall be used for seasonal support to a group, unless the application is specific to the contents of the season, including identified programs or projects.</ins>

## Sec. 413 (unnamed section) — added

- (a) <ins>In providing services or awarding financial assistance under the National Foundation on the Arts and the Humanities Act of 1965 from funds appropriated under this Act, the Chairperson of the National Endowment for the Arts shall ensure that priority is given to providing services or awarding financial assistance for projects, productions, workshops, or programs that serve underserved populations.</ins>
- (b) <ins>In this section:</ins>
  - (1) <ins>The term “underserved population” means a population of individuals, including urban minorities, who have historically been outside the purview of arts and humanities programs due to factors such as a high incidence of income below the poverty line or to geographic isolation.</ins>
  - (2) <ins>The term “poverty line” means the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a family of the size involved.</ins>
- (c) <ins>In providing services and awarding financial assistance under the National Foundation on the Arts and Humanities Act of 1965 with funds appropriated by this Act, the Chairperson of the National Endowment for the Arts shall ensure that priority is given to providing services or awarding financial assistance for projects, productions, workshops, or programs that will encourage public knowledge, education, understanding, and appreciation of the arts.</ins>
- (d) <ins>With funds appropriated by this Act to carry out section 5 of the National Foundation on the Arts and Humanities Act of 1965—</ins>
  - (1) <ins>the Chairperson shall establish a grant category for projects, productions, workshops, or programs that are of national impact or availability or are able to tour several States;</ins>
  - (2) <ins>the Chairperson shall not make grants exceeding 15 percent, in the aggregate, of such funds to any single State, excluding grants made under the authority of paragraph (1);</ins>
  - (3) <ins>the Chairperson shall report to the Congress annually and by State, on grants awarded by the Chairperson in each grant category under section 5 of such Act; and</ins>
  - (4) <ins>the Chairperson shall encourage the use of grants to improve and support community-based music performance and education.</ins>

## Sec. 414 (unnamed section) — added

- <ins>Notwithstanding any other provision of law, funds made available under the heading “National Foundation on the Arts and the Humanities—National Endowment for the Arts—Grants and Administration” of this Act and under such heading for fiscal years 2019 and 2020 for grants for the purposes described in section 5(c) of the National Foundation on the Arts and Humanities Act of 1965 (20 U.S.C. 954(c)) may also be used by the recipients of such grants for purposes of the general operations of such recipients and the matching requirements under subsections (e), (g)(4)(A), and (p)(3) of section 5 of the National Foundation on the Arts and Humanities Act of 1965 (20 U.S.C. 954) may be waived with respect to such grants.</ins>

## Sec. 415 (unnamed section) — added

- <ins>Notwithstanding any other provision of law, funds made available under the heading “National Foundation on the Arts and the Humanities—National Endowment for the Humanities—Grants and Administration” of this Act and under such heading for fiscal years 2019 and 2020 for grants for the purposes described in section 7(c) and 7(h)(1) of the National Foundation on the Arts and Humanities Act of 1965 may also be used by the recipients of such grants for purposes of the general operations of such recipients and the matching requirements under subsection (h)(2)(A) of section 7of the National Foundation on the Arts and Humanities Act of 1965 may be waived with respect to such grants.</ins>

## Sec. 416 (unnamed section) — added

- <ins>The Department of the Interior, the Environmental Protection Agency, the Forest Service, and the Indian Health Service shall provide the Committees on Appropriations of the House of Representatives and Senate quarterly reports on the status of balances of appropriations including all uncommitted, committed, and unobligated funds in each program and activity within 60 days of enactment of this Act.</ins>

## Sec. 417 (unnamed section) — added

- <ins>The terms and conditions of section 325 of Public Law 108–108 (117 Stat. 1307), regarding grazing permits issued by the Forest Service on any lands not subject to administration under section 402 of the Federal Lands Policy and Management Act (43 U.S.C. 1752), shall remain in effect for fiscal year 2021.</ins>

## Sec. 418 (unnamed section) — added

- (a) <ins>None of the funds made available in this Act may be used to maintain or establish a computer network unless such network is designed to block access to pornography websites.</ins>
- (b) <ins>Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities.</ins>

## Sec. 419 (unnamed section) — added

- (a) <ins>Notwithstanding any other provision of law, the Secretary of the Interior, with respect to land administered by the Bureau of Land Management, or the Secretary of Agriculture, with respect to land administered by the Forest Service (referred to in this section as the “Secretary concerned”), may transfer excess wild horses and burros that have been removed from land administered by the Secretary concerned to other Federal, State, and local government agencies for use as work animals.</ins>
- (b) <ins>The Secretary concerned may make a transfer under subsection (a) immediately on the request of a Federal, State, or local government agency.</ins>
- (c) <ins>An excess wild horse or burro transferred under subsection (a) shall lose status as a wild free-roaming horse or burro (as defined in section 2 of Public Law 92–195 (commonly known as the “Wild Free-Roaming Horses and Burros Act”) (16 U.S.C. 1332)).</ins>
- (d) <ins>A Federal, State, or local government agency receiving an excess wild horse or burro pursuant to subsection (a) shall not—</ins>
  - (1) <ins>destroy the horse or burro in a manner that results in the destruction of the horse or burro into a commercial product;</ins>
  - (2) <ins>sell or otherwise transfer the horse or burro in a manner that results in the destruction of the horse or burro for processing into a commercial product; or</ins>
  - (3) <ins>euthanize the horse or burro, except on the recommendation of a licensed veterinarian in a case of severe injury, illness, or advanced age.</ins>
- (e) <ins>Amounts appropriated by this Act shall not be available for—</ins>
  - (1) <ins>the destruction of any healthy, unadopted, and wild horse or burro under the jurisdiction of the Secretary concerned (including a contractor); or</ins>
  - (2) <ins>the sale of a wild horse or burro that results in the destruction of the wild horse or burro for processing into a commercial product.</ins>

## Sec. 420 (unnamed section) — added

- <ins>Section 503(f) of Public Law 109–54 (16 U.S.C. 580d note) shall be applied by substituting “September 30, 2021” for “September 30, 2020”.</ins>

## Sec. 421 (unnamed section) — added

- (a) <ins></ins>
  - (1) <ins>None of the funds made available by a State water pollution control revolving fund as authorized by section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j–12) shall be used for a project for the construction, alteration, maintenance, or repair of a public water system or treatment works unless all of the iron and steel products used in the project are produced in the United States.</ins>
  - (2) <ins>In this section, the term “iron and steel” products means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials.</ins>
- (b) <ins>Subsection (a) shall not apply in any case or category of cases in which the Administrator of the Environmental Protection Agency (in this section referred to as the “Administrator”) finds that—</ins>
  - (1) <ins>applying subsection (a) would be inconsistent with the public interest;</ins>
  - (2) <ins>iron and steel products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or</ins>
  - (3) <ins>inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent.</ins>
- (c) <ins>If the Administrator receives a request for a waiver under this section, the Administrator shall make available to the public on an informal basis a copy of the request and information available to the Administrator concerning the request, and shall allow for informal public input on the request for at least 15 days prior to making a finding based on the request. The Administrator shall make the request and accompanying information available by electronic means, including on the official public Internet Web site of the Environmental Protection Agency.</ins>
- (d) <ins>This section shall be applied in a manner consistent with United States obligations under international agreements.</ins>
- (e) <ins>The Administrator may retain up to 0.25 percent of the funds appropriated in this Act for the Clean and Drinking Water State Revolving Funds for carrying out the provisions described in subsection (a)(1) for management and oversight of the requirements of this section.</ins>

## Sec. 422 (unnamed section) — added

- <ins>The Secretary of the Interior is authorized to enter into grants and cooperative agreements with volunteer fire departments, rural fire departments, rangeland fire protection associations, and similar organizations to provide for wildland fire training and equipment, including supplies and communication devices. Notwithstanding section 121(c) of title 40, United States Code, or section 521 of title 40, United States Code, the Secretary is further authorized to transfer title to excess Department of the Interior firefighting equipment no longer needed to carry out the functions of the Department’s wildland fire management program to such organizations.</ins>

## Sec. 423 (unnamed section) — added

- <ins>Section 810 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6809) shall be applied by substituting “October 1, 2022” for “September 30, 2019”.</ins>

## Sec. 424 (unnamed section) — added

- <ins>None of the funds made available in this Act, in this and prior fiscal years, may be reprogrammed without the advance approval of the House and Senate Committees on Appropriations in accordance with the reprogramming procedures contained in the explanatory statement described in section 4 of the Further Consolidated Appropriations Act, 2020 (Public Law 116–94; 133 Stat. 2536).</ins>

## Sec. 425 (unnamed section) — added

- (a) <ins>Not later than April 1, 2021, and each April 1 thereafter, the Secretary of the Interior and the Secretary of Agriculture shall submit to the Committees on Appropriations of the House of Representatives and the Senate prioritized and detailed lists of Federal land acquisition projects, and Forest Legacy projects, that have been identified by each land management Agency.</ins>
- (b) <ins>The Federal land acquisition project lists required by each Agency in subsection (a) shall include individual projects for the National Park Service, the U.S. Fish and Wildlife Service, the Bureau of Land Management, and the U.S. Forest Service, and shall total for each agency no less than 150 percent of the amount enacted for that agency for the previous fiscal year.</ins>

## Sec. 426 (unnamed section) — added

- <ins>Section 412 of division E of Public Law 112–74 shall be applied by substituting “fiscal year 2021” for “fiscal year 2019”.</ins>

## Sec. 427 (unnamed section) — added

- <ins>Section 422 of division F of Public Law 110–161 (121 Stat 1844), as amended, shall be applied by substituting “fiscal year 2021” for “fiscal year 2019”.</ins>

## Sec. 428 (unnamed section) — added

- <ins>Section 426 of division G of Public Law 113–76 (16 U.S.C. 565a–1 note) shall be applied by substituting “September 30, 2021” for “September 30, 2019”.</ins>

## Sec. 429 (unnamed section) — added

- <ins>The authority provided by the 19th unnumbered paragraph under heading “Administrative Provisions, Forest Service” in title III of Public Law 109–54, as amended, shall be applied by substituting “fiscal year 2021” for “fiscal year 2019”.</ins>

## Sec. 430 (unnamed section) — added

- <ins>Section 339 of the Department of the Interior and Related Agencies Appropriations Act, 2000 (as enacted into law by Public Law 106–113; 16 U.S.C. 528 note), as amended by section 335(6) of Public Law 108–108 and section 432 of Public Law 113–76, shall be applied by substituting “fiscal year 2021” for “fiscal year 2019”.</ins>

## Sec. 431 (unnamed section) — added

- <ins>Section 502(c) of the Chesapeake Bay Initiative Act of 1998 (Public Law 105–312; 54 U.S.C. 320101 note) shall be applied by substituting “fiscal year 2021” for “fiscal year 2019”.</ins>

## Sec. 432 (unnamed section) — added

- <ins>None of the funds made available by this Act may be used to nominate or accept a nomination or informal expression of interest for oil and gas leasing under the Mineral Leasing Act (30 U.S.C. 181 et seq.), or to offer for oil and gas leasing, any Federal lands or minerals within the withdrawal area identified on the map of the Chaco Culture National Historical Park prepared by the Bureau of Land Management and dated April 2, 2019.</ins>

## Sec. 433 (unnamed section) — added

- (a) <ins>Notwithstanding any other provision of law, in the case of any lease under section 105(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5324(l)), the initial lease term shall – (1) be consistent with the calendar year or fiscal year basis of the funding agreement or annual funding agreement between the Secretary and Indian tribe or tribal organization under that Act; and (2) commence no earlier that the date of receipt of the lease proposal.</ins>
- (b) <ins>References—</ins> <ins>None of the funds made available under this Act may be used to compensate an Indian tribe or tribal organization for any lease under section 105(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5324(l)) that is on a calendar year or fiscal year basis and that is received during the 120-day period ending on the last day of the calendar year or fiscal year.</ins>
- (c) <ins>References—</ins> <ins>None of the funds made available under this Act may be used to compensate an Indian tribe or tribal organization for any portion of a lease under section 105(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5324(l)) that exceeds the square footage necessary for the operation of the Federal programs under the lease.</ins>

## Sec. 434 (unnamed section) — added

- <ins>None of the funds made available by this Act may be used to plan, design, study, or construct, for the purpose of harvesting timber by private entities or individuals, a forest development road in the Tongass National Forest.</ins>

## Sec. 435 (unnamed section) — added

- <ins>None of the funds appropriated or otherwise made available by this Act may be used to review or approve a mine plan proposed within the Rainy River Watershed of the Superior National Forest.</ins>

## Sec. 436 (unnamed section) — added

- <ins>None of the funds made available by this Act may be used to issue a permit for the import of a sport-hunted trophy of an elephant or lion taken in Tanzania, Zimbabwe, or Zambia. The limitation described in this section shall not apply in the case of the administration of a tax or tariff.</ins>

## Sec. 437 (unnamed section) — added

- <ins>None of the funds made available by this Act may be used to finalize the proposed rule entitled “Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources Review” published by the Environmental Protection Agency in the Federal Register on September 24, 2019 (84 Fed. Reg. 50244).</ins>

## Sec. 438 (unnamed section) — added

- <ins>Not later than 30 days after the date on which the Comptroller General of the United States notifies the head of a Federal agency that receives funds under this Act of a violation by the Federal agency of section 1341(a), 1342, or 1517(a) of title 31, United States Code, the head of the Federal agency shall submit to the President, Congress, and the Comptroller General of the United States a report that includes—</ins>
- (1) <ins>a description of all relevant facts and a statement of actions taken with respect to the issues identified by the Comptroller General of the United States in the notification; and</ins>
- (2)(A) <ins>the opinion of the head of the Federal agency as to whether a violation of section 1341(a), 1342, or 1517(a) of title 31, United States Code, as applicable, has occurred; and</ins>
- (B)(i) <ins>if it is the opinion of the head of the Federal agency under subparagraph (A) that a violation has occurred, an explanation as to why the violation was not discovered and reported by the head of the Federal agency prior to the date of the notification by the Comptroller General of the United States; or</ins>
- (ii) <ins>if it is the opinion of the head of the Federal agency under subparagraph (A) that a violation has not occurred, an explanation for the basis for the determination by the head of the Federal agency.</ins>

## Sec. 439 (unnamed section) — added

- (a) <ins>Notice Required—</ins> <ins>The head of a Federal agency that receives funds under this Act shall respond timely and completely to requests of the Comptroller General of the United States for access to records or interviews with agency employees. Should the head of a Federal agency fail to provide access to records or interviews within 30 days of the request or by such date as is otherwise specified by the Comptroller General, and in such manner as is acceptable to the Comptroller General, the Comptroller General shall provide the appropriate congressional committees and the head of the Federal agency with notice of the undue delay.</ins>
- (b) <ins>Agency Responses Required—</ins> <ins>Not later than 30 days after the head of the Federal agency receives a notice under subsection (a), the head of the Federal agency shall respond in writing to the Comptroller General and the appropriate congressional committees with an explanation for the delay and a proposed timetable for providing the requested records or interviews. Not later than 30 days after this response is submitted, and every 30 days thereafter until the Comptroller General informs the appropriate congressional committees that the head of the federal agency has provided access to the requested records or interviews in a manner acceptable to the Comptroller General, the head of the Federal agency shall update the agency’s response in writing.</ins>
- (c) <ins>Relationship to Existing Authority—</ins> <ins>Nothing in this section shall be construed to limit, amend, supersede, or restrict in any manner any existing authority of the Comptroller General.</ins>

## Sec. 440 (unnamed section) — added

- <ins>None of the funds made available by this Act may be used to finalize, implement, or enforce the proposed rule entitled “Updating Regulations on Water Quality Certification”, published by the Administrator of the Environmental Protection Agency on August 22, 2019 (84 Fed. Reg. 44080).</ins>

## Sec. 441 (unnamed section) — added

- <ins>None of the funds made available to the National Park Service by this Act may be used for the purchase or display of a Confederate flag with the exception of specific circumstances where the flags provide historical context as described in the National Park Service memorandum entitled ‘‘Immediate Action Required, No Reply Needed: Confederate Flags’’ and dated June 24, 2015.</ins>

## Sec. 442 (unnamed section) — added

- <ins>Notwithstanding any other provision of law or policy to the contrary, within 180 days of enactment of this Act, the National Park Service shall remove from display all physical Confederate commemorative works, such as statues, monuments, sculptures, memorials, and plaques, as defined by NPS, Management Policies 2006, §9.6.1.</ins>

## Sec. 443 (unnamed section) — added

- <ins>Within 90 days of enactment of this Act, the Secretary of the Interior shall submit to the Committee on Appropriations an inventory of all assets under the jurisdiction of the Department of Interior with Confederate names.</ins>

## Sec. 444 (unnamed section) — added

- <ins>Notwithstanding section 200306(a)(2)(B)(iii) of title 54, United States Code, amounts made available under the heading “Department of Agriculture—Forest Service—Land Acquisition” in this and any prior Act may be used for the acquisition of acreage in any location for the National Forest System.</ins>

## Sec. 445 (unnamed section) — added

- (a) <ins>Definitions—</ins> <ins>In this section:</ins>
  - (1) <ins>Secretary—</ins> <ins>The term “Secretary” means the Secretary of the Interior.</ins>
  - (2) <ins>Study Area—</ins> <ins>The term “Study Area” means the archeological site near Madison Street and the 10th Street Rail Corridor, and other sites in Springfield, Illinois associated with the 1908 Springfield Race Riot.</ins>
- (b) <ins>Special Resource Study—</ins> <ins></ins>
  - (1) <ins>Study—</ins> <ins>The Secretary shall conduct a special resource study of the study area.</ins>
  - (2) <ins>Contents—</ins> <ins>In conducting the study under paragraph (1), the Secretary shall—</ins>
    - (A) <ins>evaluate the national significance of the study area;</ins>
    - (B) <ins>determine the suitability and feasibility of designating the study area as a unit of the National Park System;</ins>
    - (C) <ins>consider other alternatives for preservation, protection, and interpretation of the study area by the Federal Government, State or local government entities, or private and non-profit organizations;</ins>
    - (D) <ins>consult with interested Federal agencies, State or local governmental entities, private and nonprofit organizations, or any other interested individuals; and</ins>
    - (E) <ins>identify cost estimates for any Federal acquisition, development, interpretation, operation, and maintenance associated with the alternatives.</ins>
  - (3) <ins>Applicable Law—</ins> <ins>The study required under paragraph (1) shall be conducted in accordance with section 100507 of title 54, United States Code.</ins>
  - (4) <ins>Report—</ins> <ins>Not later than 3 years after the date on which funds are first made available for the study under paragraph (1), the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes—</ins>
    - (A) <ins>the results of the study; and</ins>
    - (B) <ins>any conclusions and recommendations of the Secretary.</ins>

## Sec. 446 (unnamed section) — added

- <ins>Contingent upon the enactment of the Great American Outdoors Act (H.R. 1957 of the 116th Congress)—</ins>
- (1) <ins>the Secretary of the Interior shall transfer amounts becoming available for expenditure from the Land and Water Conservation Fund in fiscal year 2021 pursuant to section 200303(a) of title 54, United States Code, as amended by such Act, to the agencies and accounts specified, in the amounts specified, and for the activities specified, in the table titled “Allocation of Funds from the Land and Water Conservation Fund—Fiscal Year 2021” in the report accompanying this Act;</ins>
- (2) <ins>to the extent that the amount becoming available for expenditure in fiscal year 2021 pursuant to such subsection exceeds the total amount specified in the table referenced in this section, such excess amounts shall be transferred to and allocated among the agencies, accounts, and activities in the same proportion as the amounts specified in the table;</ins>
- (3) <ins>all amounts required to be transferred pursuant to this section shall be so transferred not later than 30 days after the date of enactment of this Act, or 30 days after the date of enactment of the Great American Outdoors Act, whichever is later, and such amounts shall be allocated for the activities specified in the report referenced in subsection (a) not later than 15 days after such transfer; and</ins>
- (4) <ins>notwithstanding any other provision of law, the funds allocated in the table referenced in this section shall hereafter be exempt from apportionment under chapter 15 of title 31, United States Code.</ins>

## Sec. 447 (unnamed section) — added

- <ins>None of the funds made available by this Act or any other Act may be used to finalize, implement, administer, or enforce—</ins>
- (1) <ins>the proposed rule entitled “Strengthening Transparency in Regulatory Science” published by the Environmental Protection Agency in the Federal Register on April 30, 2018 (83 Fed. Reg. 18768); or</ins>
- (2) <ins>the supplemental notice of proposed rulemaking entitled ‘‘Strengthening Transparency in Regulatory Science’’ published by the Environmental Protection Agency in the Federal Register on March 18, 2020 (85 Fed. Reg. 15396).</ins>

## Sec. 501 (unnamed section) — added

- <ins>None of the funds made available by this Act may be used to withdraw—</ins>
- (1) <ins>the preliminary regulatory determination to regulate perfluorooctanesulfonic acid (PFOS) and perfluorooctanoic acid (PFOA) under section 1412(b) of the Safe Drinking Water Act (42 U.S.C. 300g–1(b)) that is described in the document entitled “Announcement of Preliminary Regulatory Determinations for Contaminants on the Fourth Drinking Water Contaminant Candidate List” published by the Environmental Protection Agency in the Federal Register on March 10, 2020 (85 Fed. Reg. 14098); or</ins>
- (2) <ins>the proposed rule of the Environmental Protection Agency entitled “Designating PFOA and PFOS as CERCLA Hazardous Substances” (RIN: 2050–AH09).</ins>

## Sec. 502 (unnamed section) — added

- (a) <ins>None of the funds appropriated or otherwise made available by this Act may be made available to enter into any new contract, grant, or cooperative agreement with any entity listed in subsection (b).</ins>
- (b) <ins>The entities listed in this subsection are the following:</ins>

## Sec. 503 (unnamed section) — added

- <ins>None of the funds made available by this Act may be used to implement, administer, or enforce the final rule entitled “Update to the Regulations Implementing the Procedural Provisions of the National Environmental Policy Act” published by the Council on Environmental Quality in the Federal Register on July 16, 2020 (85 Fed. Reg. 1684).</ins>

## Sec. 504 Prohibition of oil and gas leasing in the Arctic National Wildlife Refuge — added

- <ins>No funds provided in this Act may be used to offer any tracts available for oil and gas leasing in the Arctic National Wildlife Refuge.</ins>

## Sec. 505 (unnamed section) — added

- <ins>None of the funds made available by this Act may be used to enforce the final rule entitled “Hunting and Trapping in National Preserves: Alaska” published by the National Park Service in the Federal Register on June 9, 2020 (86 Fed. Reg. 35181).</ins>

## Sec. 506 (unnamed section) — added

- <ins>None of the funds made available by this Act may be used by the Secretary of the Interior to authorize oil and gas leasing in the Teshekpuk Lake, Colville River, Utukok River Uplands, Kasegaluk Lagoon, or Peard Bay Special Areas defined by the Record of Decision for the National Petroleum Reserve-Alaska Integrated Activity Plan/Environmental Impact Statement signed on February 21, 2013.</ins>

## Sec. 507 (unnamed section) — added

- <ins>None of the funds made available by this division may be used to reject any application for a grant available under funds appropriated by this division because of the use of the term “global warming” or the term “climate change” in the application.</ins>

## Sec. 508 (unnamed section) — added

- <ins>None of the funds made available by this Act may be used to implement the authority to respond to requests in the final rule titled “Freedom of Information Act Regulations Update” published in the Federal Register by the Environmental Protection Agency on June 26, 2019 (84 Fed. Reg. 30028 et seq.).</ins>

## Sec. 509 (unnamed section) — added

- (a) <ins>None of the funds made available by this Act may be used to—</ins>
  - (1) <ins>rescind the September 2015 Bureau of Indian Affairs Record of Decision on the Trust Acquisition and Reservation Proclamation for 151 Acres in the City of Taunton, Massachusetts, and 170 Acres in the Town of Mashpee, Massachusetts, for the Mashpee Wampanoag Tribe;</ins>
  - (2) <ins>revoke the reservation proclamation Proclaiming Certain Lands as Reservation for the Mashpee Wampanoag (81 Fed. Reg. 948); or</ins>
  - (3) <ins>annul the determination that such lands are eligible for gaming under the Indian Gaming Regulatory Act.</ins>

## Sec. 510 (unnamed section) — added

- <ins>None of the funds made available by this Act may be used to finalize, implement, or enforce the proposed rule titled “Review of the National Ambient Air Quality Standards for Particulate Matter” published in the Federal Register by the Environmental Protection Agency on April 30, 2020 (85 Fed. Reg. 24094 et seq.).</ins>

## (unnamed section) — added

- <ins>That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for military construction, the Department of Veterans Affairs, and related agencies for the fiscal year ending September 30, 2021, and for other purposes, namely:</ins>

## Sec. 101 (unnamed section) — added

- <ins>None of the funds made available in this title shall be expended for payments under a cost-plus-a-fixed-fee contract for construction, where cost estimates exceed $25,000, to be performed within the United States, except Alaska, without the specific approval in writing of the Secretary of Defense setting forth the reasons therefor.</ins>

## Sec. 102 (unnamed section) — added

- <ins>Funds made available in this title for construction shall be available for hire of passenger motor vehicles.</ins>

## Sec. 103 (unnamed section) — added

- <ins>Funds made available in this title for construction may be used for advances to the Federal Highway Administration, Department of Transportation, for the construction of access roads as authorized by section 210 of title 23, United States Code, when projects authorized therein are certified as important to the national defense by the Secretary of Defense.</ins>

## Sec. 104 (unnamed section) — added

- <ins>None of the funds made available in this title may be used to begin construction of new bases in the United States for which specific appropriations have not been made.</ins>

## Sec. 105 (unnamed section) — added

- <ins>None of the funds made available in this title shall be used for purchase of land or land easements in excess of 100 percent of the value as determined by the Army Corps of Engineers or the Naval Facilities Engineering Command, except: (1) where there is a determination of value by a Federal court; (2) purchases negotiated by the Attorney General or the designee of the Attorney General; (3) where the estimated value is less than $25,000; or (4) as otherwise determined by the Secretary of Defense to be in the public interest.</ins>

## Sec. 106 (unnamed section) — added

- <ins>None of the funds made available in this title shall be used to: (1) acquire land; (2) provide for site preparation; or (3) install utilities for any family housing, except housing for which funds have been made available in annual Acts making appropriations for military construction.</ins>

## Sec. 107 (unnamed section) — added

- <ins>None of the funds made available in this title for minor construction may be used to transfer or relocate any activity from one base or installation to another, without prior notification to the Committees on Appropriations of both Houses of Congress.</ins>

## Sec. 108 (unnamed section) — added

- <ins>None of the funds made available in this title may be used for the procurement of steel for any construction project or activity for which American steel producers, fabricators, and manufacturers have been denied the opportunity to compete for such steel procurement.</ins>

## Sec. 109 (unnamed section) — added

- <ins>None of the funds available to the Department of Defense for military construction or family housing during the current fiscal year may be used to pay real property taxes in any foreign nation.</ins>

## Sec. 110 (unnamed section) — added

- <ins>None of the funds made available in this title may be used to initiate a new installation overseas without prior notification to the Committees on Appropriations of both Houses of Congress.</ins>

## Sec. 111 (unnamed section) — added

- <ins>None of the funds made available in this title may be obligated for architect and engineer contracts estimated by the Government to exceed $500,000 for projects to be accomplished in Japan, in any North Atlantic Treaty Organization member country, or in countries bordering the Arabian Gulf, unless such contracts are awarded to United States firms or United States firms in joint venture with host nation firms.</ins>

## Sec. 112 (unnamed section) — added

- <ins>None of the funds made available in this title for military construction in the United States territories and possessions in the Pacific and on Kwajalein Atoll, or in countries bordering the Arabian Gulf, may be used to award any contract estimated by the Government to exceed $1,000,000 to a foreign contractor: Provided, That this section shall not be applicable to contract awards for which the lowest responsive and responsible bid of a United States contractor exceeds the lowest responsive and responsible bid of a foreign contractor by greater than 20 percent: Provided further, That this section shall not apply to contract awards for military construction on Kwajalein Atoll for which the lowest responsive and responsible bid is submitted by a Marshallese contractor.</ins>

## Sec. 113 (unnamed section) — added

- <ins>The Secretary of Defense shall inform the appropriate committees of both Houses of Congress, including the Committees on Appropriations, of plans and scope of any proposed military exercise involving United States personnel 30 days prior to its occurring, if amounts expended for construction, either temporary or permanent, are anticipated to exceed $100,000.</ins>

## Sec. 114 (unnamed section) — added

- <ins>Funds appropriated to the Department of Defense for construction in prior years shall be available for construction authorized for each such military department by the authorizations enacted into law during the current session of Congress.</ins>

## Sec. 115 (unnamed section) — added

- <ins>For military construction or family housing projects that are being completed with funds otherwise expired or lapsed for obligation, expired or lapsed funds may be used to pay the cost of associated supervision, inspection, overhead, engineering and design on those projects and on subsequent claims, if any.</ins>

## Sec. 116 (unnamed section) — added

- <ins>Notwithstanding any other provision of law, any funds made available to a military department or defense agency for the construction of military projects may be obligated for a military construction project or contract, or for any portion of such a project or contract, at any time before the end of the fourth fiscal year after the fiscal year for which funds for such project were made available, if the funds obligated for such project: (1) are obligated from funds available for military construction projects; and (2) do not exceed the amount appropriated for such project, plus any amount by which the cost of such project is increased pursuant to law.</ins>

## Sec. 117 (unnamed section) — added

- <ins>Subject to 30 days prior notification, or 14 days for a notification provided in an electronic medium pursuant to sections 480 and 2883 of title 10, United States Code, to the Committees on Appropriations of both Houses of Congress, such additional amounts as may be determined by the Secretary of Defense may be transferred to: (1) the Department of Defense Family Housing Improvement Fund from amounts appropriated for construction in “Family Housing” accounts, to be merged with and to be available for the same purposes and for the same period of time as amounts appropriated directly to the Fund; or (2) the Department of Defense Military Unaccompanied Housing Improvement Fund from amounts appropriated for construction of military unaccompanied housing in “Military Construction” accounts, to be merged with and to be available for the same purposes and for the same period of time as amounts appropriated directly to the Fund: Provided, That appropriations made available to the Funds shall be available to cover the costs, as defined in section 502(5) of the Congressional Budget Act of 1974, of direct loans or loan guarantees issued by the Department of Defense pursuant to the provisions of subchapter IV of chapter 169 of title 10, United States Code, pertaining to alternative means of acquiring and improving military family housing, military unaccompanied housing, and supporting facilities.</ins>

## Sec. 118 (unnamed section) — added

- <ins>In addition to any other transfer authority available to the Department of Defense, amounts may be transferred from the Department of Defense Base Closure Account to the fund established by section 1013(d) of the Demonstration Cities and Metropolitan Development Act of 1966 (42 U.S.C. 3374) to pay for expenses associated with the Homeowners Assistance Program incurred under 42 U.S.C. 3374(a)(1)(A). Any amounts transferred shall be merged with and be available for the same purposes and for the same time period as the fund to which transferred.</ins>

## Sec. 119 (unnamed section) — added

- <ins>Notwithstanding any other provision of law, funds made available in this title for operation and maintenance of family housing shall be the exclusive source of funds for repair and maintenance of all family housing units, including general or flag officer quarters: Provided, That not more than $15,000 per unit may be spent annually for the maintenance and repair of any general or flag officer quarters without 30 days prior notification, or 14 days for a notification provided in an electronic medium pursuant to sections 480 and 2883 of title 10, United States Code, to the Committees on Appropriations of both Houses of Congress, except that an after-the-fact notification shall be submitted if the limitation is exceeded solely due to costs associated with environmental remediation that could not be reasonably anticipated at the time of the budget submission: Provided further,  That the Under Secretary of Defense (Comptroller) is to report annually to the Committees on Appropriations of both Houses of Congress all operation and maintenance expenditures for each individual general or flag officer quarters for the prior fiscal year.</ins>

## Sec. 120 (unnamed section) — added

- <ins>Amounts contained in the Ford Island Improvement Account established by subsection (h) of section 2814 of title 10, United States Code, are appropriated and shall be available until expended for the purposes specified in subsection (i)(1) of such section or until transferred pursuant to subsection (i)(3) of such section.</ins>

## Sec. 121 (unnamed section) — added

- <ins>During the 5-year period after appropriations available in this Act to the Department of Defense for military construction and family housing operation and maintenance and construction have expired for obligation, upon a determination that such appropriations will not be necessary for the liquidation of obligations or for making authorized adjustments to such appropriations for obligations incurred during the period of availability of such appropriations, unobligated balances of such appropriations may be transferred into the appropriation “Foreign Currency Fluctuations, Construction, Defense”, to be merged with and to be available for the same time period and for the same purposes as the appropriation to which transferred.</ins>

## Sec. 122 (unnamed section) — added

- <ins>None of the funds made available in this title may be obligated or expended for planning and design and construction of projects at Arlington National Cemetery.</ins>

## Sec. 123 (unnamed section) — added

- <ins>For an additional amount for the accounts and in the amounts specified, to remain available until September 30, 2025:</ins>

## Sec. 124 (unnamed section) — added

- <ins>For the purposes of this Act, the term congressional defense committees means the Committees on Armed Services of the House of Representatives and the Senate, the Subcommittee on Military Construction and Veterans Affairs of the Committee on Appropriations of the Senate, and the Subcommittee on Military Construction and Veterans Affairs of the Committee on Appropriations of the House of Representatives.</ins>

## Sec. 125 (unnamed section) — added

- <ins>All amounts appropriated to the “Department of Defense—Military Construction, Army”, “Department of Defense—Military Construction, Navy and Marine Corps”, “Department of Defense—Military Construction, Air Force”, and “Department of Defense—Military Construction, Defense-Wide” accounts pursuant to the authorization of appropriations in a National Defense Authorization Act specified for fiscal year 2021 in the funding table in section 4601 of that Act shall be immediately available and allotted to contract for the full scope of authorized projects.</ins>

## Sec. 126 (unnamed section) — added

- <ins>For an additional amount for the accounts and in the amounts specified, to remain available until September 30, 2023:</ins>
- <ins>“Military Construction, Army”, $224,900,000, shall be used for the projects, and in the amounts, specified under the heading “Military Construction, Army” in the report accompanying this Act;</ins>
- <ins>“Military Construction, Navy and Marine Corps”, $144,900,000, shall be used for the projects, and in the amounts, specified under the heading “Military Construction, Navy and Marine Corps” in the report accompanying this Act;</ins>
- <ins>“Military Construction, Air Force”, $166,500,000, shall be used for the projects, and in the amounts, specified under the heading “Military Construction, Air Force”, in the report accompanying this Act;</ins>
- <ins>“Military Construction, Army Reserve”, $10,200,000, shall be used for the projects, and in the amounts, specified under the heading “Military Construction, Army Reserve”, in the report accompanying this Act;</ins>
- <ins>“Military Construction, Navy Reserve”, $3,500,000, shall be used for the projects, and in the amounts, specified under the heading “Military Construction, Navy Reserve”, in the report accompanying this Act; and</ins>
- <ins>“Family Housing Construction, Army”, $4,500,000, shall be used for the projects, and in the amounts, specified under the heading “Family Housing Construction, Army” , in the report accompanying this Act:</ins>

## Sec. 127 (unnamed section) — added

- <ins>For an additional amount for the accounts and in the amounts specified, to remain available until September 30, 2023:</ins>
- <ins>“Family Housing Operation and Maintenance, Army”, $25,000,000;</ins>
- <ins>“Family Housing Operation and Maintenance, Navy and Marine Corps”, $50,000,000; and</ins>
- <ins>“Family Housing Operation and Maintenance, Air Force”, $60,000,000.</ins>

## Sec. 128 (unnamed section) — added

- <ins>Notwithstanding any other provision of law, funds made available under each heading in this title shall only be used for the purposes specifically described under that heading.</ins>

## Sec. 129 (unnamed section) — added

- <ins>Notwithstanding any other provision of law, none of the funds appropriated in this or any other Act for a military construction project, as defined by section 2801 of title 10, United States Code, for any of fiscal years 2016 through 2020 or for fiscal year 2021 may be obligated, expended, or used to design, construct, or carry out—</ins>
- (1) <ins>a project to construct a wall, barrier, fence, or road along the Southern border of the United States;</ins>
- (2) <ins>a road to provide access to a wall, barrier, or fence constructed along the Southern border of the United States; or</ins>
- (3) <ins>any military construction project for which funds were appropriated for any of fiscal years 2016 through 2020, but that were rescinded or postponed by reason of the declaration of a national emergency on February 15, 2019.</ins>

## Sec. 130 (unnamed section) — added

- <ins>None of the funds appropriated in this Act for a military construction project, as defined by section 2801 of title 10, United States Code, for fiscal year 2021 may be obligated, expended, or used to construct a project located on a military installation bearing the name of a confederate officer, except in the case that a process to replace such names has been initiated.</ins>

## Sec. 201 (unnamed section) — added

- <ins>Any appropriation for fiscal year 2021 for “Compensation and Pensions”, “Readjustment Benefits”, and “Veterans Insurance and Indemnities” may be transferred as necessary to any other of the mentioned appropriations: Provided, That, before a transfer may take place, the Secretary of Veterans Affairs shall request from the Committees on Appropriations of both Houses of Congress the authority to make the transfer and such Committees issue an approval, or absent a response, a period of 30 days has elapsed.</ins>

## Sec. 202 (unnamed section) — added

- <ins>Amounts made available for the Department of Veterans Affairs for fiscal year 2021, in this or any other Act, under the “Medical Services”, “Medical Community Care”, “Medical Support and Compliance”, and “Medical Facilities” accounts may be transferred among the accounts: Provided, That any transfers among the “Medical Services”, “Medical Community Care”, and “Medical Support and Compliance” accounts of 1 percent or less of the total amount appropriated to the account in this or any other Act may take place subject to notification from the Secretary of Veterans Affairs to the Committees on Appropriations of both Houses of Congress of the amount and purpose of the transfer: Provided further, That any transfers among the “Medical Services”, “Medical Community Care”, and “Medical Support and Compliance” accounts in excess of 1 percent, or exceeding the cumulative 1 percent for the fiscal year, may take place only after the Secretary requests from the Committees on Appropriations of both Houses of Congress the authority to make the transfer and an approval is issued: Provided further, That any transfers to or from the “Medical Facilities” account may take place only after the Secretary requests from the Committees on Appropriations of both Houses of Congress the authority to make the transfer and an approval is issued.</ins>

## Sec. 203 (unnamed section) — added

- <ins>Appropriations available in this title for salaries and expenses shall be available for services authorized by section 3109 of title 5, United States Code; hire of passenger motor vehicles; lease of a facility or land or both; and uniforms or allowances therefore, as authorized by sections 5901 through 5902 of title 5, United States Code.</ins>

## Sec. 204 (unnamed section) — added

- <ins>No appropriations in this title (except the appropriations for “Construction, Major Projects”, and “Construction, Minor Projects”) shall be available for the purchase of any site for or toward the construction of any new hospital or home.</ins>

## Sec. 205 (unnamed section) — added

- <ins>No appropriations in this title shall be available for hospitalization or examination of any persons (except beneficiaries entitled to such hospitalization or examination under the laws providing such benefits to veterans, and persons receiving such treatment under sections 7901 through 7904 of title 5, United States Code, or the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.)), unless reimbursement of the cost of such hospitalization or examination is made to the “Medical Services” account at such rates as may be fixed by the Secretary of Veterans Affairs.</ins>

## Sec. 206 (unnamed section) — added

- <ins>Appropriations available in this title for “Compensation and Pensions”, “Readjustment Benefits”, and “Veterans Insurance and Indemnities” shall be available for payment of prior year accrued obligations required to be recorded by law against the corresponding prior year accounts within the last quarter of fiscal year 2020.</ins>

## Sec. 207 (unnamed section) — added

- <ins>Appropriations available in this title shall be available to pay prior year obligations of corresponding prior year appropriations accounts resulting from sections 3328(a), 3334, and 3712(a) of title 31, United States Code, except that if such obligations are from trust fund accounts they shall be payable only from “Compensation and Pensions”.</ins>

## Sec. 208 (unnamed section) — added

- <ins>Notwithstanding any other provision of law, during fiscal year 2021, the Secretary of Veterans Affairs shall, from the National Service Life Insurance Fund under section 1920 of title 38, United States Code, the Veterans’ Special Life Insurance Fund under section 1923 of title 38, United States Code, and the United States Government Life Insurance Fund under section 1955 of title 38, United States Code, reimburse the “General Operating Expenses, Veterans Benefits Administration” and “Information Technology Systems” accounts for the cost of administration of the insurance programs financed through those accounts: Provided, That reimbursement shall be made only from the surplus earnings accumulated in such an insurance program during fiscal year 2021 that are available for dividends in that program after claims have been paid and actuarially determined reserves have been set aside: Provided further, That if the cost of administration of such an insurance program exceeds the amount of surplus earnings accumulated in that program, reimbursement shall be made only to the extent of such surplus earnings: Provided further, That the Secretary shall determine the cost of administration for fiscal year 2021 which is properly allocable to the provision of each such insurance program and to the provision of any total disability income insurance included in that insurance program.</ins>

## Sec. 209 (unnamed section) — added

- <ins>Amounts deducted from enhanced-use lease proceeds to reimburse an account for expenses incurred by that account during a prior fiscal year for providing enhanced-use lease services, may be obligated during the fiscal year in which the proceeds are received.</ins>

## Sec. 210 (unnamed section) — added

- <ins>Funds available in this title or funds for salaries and other administrative expenses shall also be available to reimburse the Office of Resolution Management, the Office of Employment Discrimination Complaint Adjudication, and the Office of Diversity and Inclusion for all services provided at rates which will recover actual costs but not to exceed $60,096,000 (reduced by $5,000,000) (increased by $5,000,000) for the Office of Resolution Management, $6,100,000 for the Office of Employment Discrimination Complaint Adjudication, and $5,294,000 for the Office of Diversity and Inclusion: Provided, That payments may be made in advance for services to be furnished based on estimated costs: Provided further, That amounts received shall be credited to the “General Administration” and “Information Technology Systems” accounts for use by the office that provided the service.</ins>

## Sec. 211 (unnamed section) — added

- <ins>No funds of the Department of Veterans Affairs shall be available for hospital care, nursing home care, or medical services provided to any person under chapter 17 of title 38, United States Code, for a non-service-connected disability described in section 1729(a)(2) of such title, unless that person has disclosed to the Secretary of Veterans Affairs, in such form as the Secretary may require, current, accurate third-party reimbursement information for purposes of section 1729 of such title: Provided, That the Secretary may recover, in the same manner as any other debt due the United States, the reasonable charges for such care or services from any person who does not make such disclosure as required: Provided further, That any amounts so recovered for care or services provided in a prior fiscal year may be obligated by the Secretary during the fiscal year in which amounts are received.</ins>

## Sec. 212 (unnamed section) — added

- <ins>Notwithstanding any other provision of law, proceeds or revenues derived from enhanced-use leasing activities (including disposal) may be deposited into the “Construction, Major Projects” and “Construction, Minor Projects” accounts and be used for construction (including site acquisition and disposition), alterations, and improvements of any medical facility under the jurisdiction or for the use of the Department of Veterans Affairs. Such sums as realized are in addition to the amount provided for in “Construction, Major Projects” and “Construction, Minor Projects”.</ins>

## Sec. 213 (unnamed section) — added

- <ins>Amounts made available under “Medical Services” are available—</ins>
- (1) <ins>for furnishing recreational facilities, supplies, and equipment; and</ins>
- (2) <ins>for funeral expenses, burial expenses, and other expenses incidental to funerals and burials for beneficiaries receiving care in the Department.</ins>

## Sec. 214 (unnamed section) — added

- <ins>Such sums as may be deposited to the Medical Care Collections Fund pursuant to section 1729A of title 38, United States Code, may be transferred to the “Medical Services” and “Medical Community Care” accounts to remain available until expended for the purposes of these accounts.</ins>

## Sec. 215 (unnamed section) — added

- <ins>The Secretary of Veterans Affairs may enter into agreements with Federally Qualified Health Centers in the State of Alaska and Indian tribes and tribal organizations which are party to the Alaska Native Health Compact with the Indian Health Service, to provide healthcare, including behavioral health and dental care, to veterans in rural Alaska. The Secretary shall require participating veterans and facilities to comply with all appropriate rules and regulations, as established by the Secretary. The term rural Alaska shall mean those lands which are not within the boundaries of the municipality of Anchorage or the Fairbanks North Star Borough.</ins>

## Sec. 216 (unnamed section) — added

- <ins>Such sums as may be deposited to the Department of Veterans Affairs Capital Asset Fund pursuant to section 8118 of title 38, United States Code, may be transferred to the “Construction, Major Projects” and “Construction, Minor Projects” accounts, to remain available until expended for the purposes of these accounts.</ins>

## Sec. 217 (unnamed section) — added

- <ins>Not later than 30 days after the end of each fiscal quarter, the Secretary of Veterans Affairs shall submit to the Committees on Appropriations of both Houses of Congress a report on the financial status of the Department of Veterans Affairs for the preceding quarter: Provided, That, at a minimum, the report shall include the direction contained in the paragraph entitled “Quarterly reporting”, under the heading “General Administration” in the joint explanatory statement accompanying Public Law 114–223.</ins>

## Sec. 218 (unnamed section) — added

- <ins>Amounts made available under the “Medical Services”, “Medical Community Care”, “Medical Support and Compliance”, “Medical Facilities”, “General Operating Expenses, Veterans Benefits Administration”, “Board of Veterans Appeals”, “General Administration”, and “National Cemetery Administration” accounts for fiscal year 2021 may be transferred to or from the “Information Technology Systems” account: Provided, That such transfers may not result in a more than 10 percent aggregate increase in the total amount made available by this Act for the “Information Technology Systems” account: Provided further, That, before a transfer may take place, the Secretary of Veterans Affairs shall request from the Committees on Appropriations of both Houses of Congress the authority to make the transfer and an approval is issued.</ins>

## Sec. 219 (unnamed section) — added

- <ins>Of the amounts appropriated to the Department of Veterans Affairs for fiscal year 2021 for “Medical Services”, “Medical Community Care”, “Medical Support and Compliance”, “Medical Facilities”, “Construction, Minor Projects”, and “Information Technology Systems”, up to $322,932,000, plus reimbursements, may be transferred to the Joint Department of Defense—Department of Veterans Affairs Medical Facility Demonstration Fund, established by section 1704 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 3571) and may be used for operation of the facilities designated as combined Federal medical facilities as described by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4500): Provided, That additional funds may be transferred from accounts designated in this section to the Joint Department of Defense—Department of Veterans Affairs Medical Facility Demonstration Fund upon written notification by the Secretary of Veterans Affairs to the Committees on Appropriations of both Houses of Congress: Provided further, That section 219 of title II of division F of Public Law 116–94 is repealed.</ins>

## Sec. 220 (unnamed section) — added

- <ins>Of the amounts appropriated to the Department of Veterans Affairs which become available on October 1, 2021, for “Medical Services”, “Medical Community Care”, “Medical Support and Compliance”, and “Medical Facilities”, up to $327,126,000, plus reimbursements, may be transferred to the Joint Department of Defense—Department of Veterans Affairs Medical Facility Demonstration Fund, established by section 1704 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 3571) and may be used for operation of the facilities designated as combined Federal medical facilities as described by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4500): Provided, That additional funds may be transferred from accounts designated in this section to the Joint Department of Defense—Department of Veterans Affairs Medical Facility Demonstration Fund upon written notification by the Secretary of Veterans Affairs to the Committees on Appropriations of both Houses of Congress.</ins>

## Sec. 221 (unnamed section) — added

- <ins>Such sums as may be deposited to the Medical Care Collections Fund pursuant to section 1729A of title 38, United States Code, for healthcare provided at facilities designated as combined Federal medical facilities as described by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4500) shall also be available: (1) for transfer to the Joint Department of Defense—Department of Veterans Affairs Medical Facility Demonstration Fund, established by section 1704 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 3571); and (2) for operations of the facilities designated as combined Federal medical facilities as described by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4500): Provided, That, notwithstanding section 1704(b)(3) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2573), amounts transferred to the Joint Department of Defense—Department of Veterans Affairs Medical Facility Demonstration Fund shall remain available until expended.</ins>

## Sec. 222 (unnamed section) — added

- <ins>Of the amounts available in this title for “Medical Services”, “Medical Community Care”, “Medical Support and Compliance”, and “Medical Facilities”, a minimum of $15,000,000 shall be transferred to the DOD–VA Health Care Sharing Incentive Fund, as authorized by section 8111(d) of title 38, United States Code, to remain available until expended, for any purpose authorized by section 8111 of title 38, United States Code.</ins>

## Sec. 223 (unnamed section) — added

- <ins>The Secretary of Veterans Affairs shall notify the Committees on Appropriations of both Houses of Congress of all bid savings in a major construction project that total at least $5,000,000, or 5 percent of the programmed amount of the project, whichever is less: Provided, That such notification shall occur within 14 days of a contract identifying the programmed amount: Provided further, That the Secretary shall notify the Committees on Appropriations of both Houses of Congress 14 days prior to the obligation of such bid savings and shall describe the anticipated use of such savings.</ins>

## Sec. 224 (unnamed section) — added

- <ins>None of the funds made available for “Construction, Major Projects” may be used for a project in excess of the scope specified for that project in the original justification data provided to the Congress as part of the request for appropriations unless the Secretary of Veterans Affairs receives approval from the Committees on Appropriations of both Houses of Congress.</ins>

## Sec. 225 (unnamed section) — added

- <ins>Not later than 30 days after the end of each fiscal quarter, the Secretary of Veterans Affairs shall submit to the Committees on Appropriations of both Houses of Congress a quarterly report containing performance measures and data from each Veterans Benefits Administration Regional Office: Provided, That, at a minimum, the report shall include the direction contained in the section entitled “Disability claims backlog”, under the heading “General Operating Expenses, Veterans Benefits Administration” in the joint explanatory statement accompanying Public Law 114–223: Provided further, That the report shall also include information on the number of appeals pending at the Veterans Benefits Administration as well as the Board of Veterans Appeals on a quarterly basis.</ins>

## Sec. 226 (unnamed section) — added

- <ins>The Secretary of Veterans Affairs shall provide written notification to the Committees on Appropriations of both Houses of Congress 15 days prior to organizational changes which result in the transfer of 25 or more full-time equivalents from one organizational unit of the Department of Veterans Affairs to another.</ins>

## Sec. 227 (unnamed section) — added

- <ins>The Secretary of Veterans Affairs shall provide on a quarterly basis to the Committees on Appropriations of both Houses of Congress notification of any single national outreach and awareness marketing campaign in which obligations exceed $1,000,000.</ins>

## Sec. 228 (unnamed section) — added

- <ins>The Secretary of Veterans Affairs, upon determination that such action is necessary to address needs of the Veterans Health Administration, may transfer to the “Medical Services” account any discretionary appropriations made available for fiscal year 2021 in this title (except appropriations made to the “General Operating Expenses, Veterans Benefits Administration” account) or any discretionary unobligated balances within the Department of Veterans Affairs, including those appropriated for fiscal year 2021, that were provided in advance by appropriations Acts: Provided, That transfers shall be made only with the approval of the Office of Management and Budget: Provided further, That the transfer authority provided in this section is in addition to any other transfer authority provided by law: Provided further, That no amounts may be transferred from amounts that were designated by Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further, That such authority to transfer may not be used unless for higher priority items, based on emergent healthcare requirements, than those for which originally appropriated and in no case where the item for which funds are requested has been denied by Congress: Provided further, That, upon determination that all or part of the funds transferred from an appropriation are not necessary, such amounts may be transferred back to that appropriation and shall be available for the same purposes as originally appropriated: Provided further, That before a transfer may take place, the Secretary of Veterans Affairs shall request from the Committees on Appropriations of both Houses of Congress the authority to make the transfer and receive approval of that request.</ins>

## Sec. 229 (unnamed section) — added

- <ins>Amounts made available for the Department of Veterans Affairs for fiscal year 2021, under the “Board of Veterans Appeals” and the “General Operating Expenses, Veterans Benefits Administration” accounts may be transferred between such accounts: Provided, That before a transfer may take place, the Secretary of Veterans Affairs shall request from the Committees on Appropriations of both Houses of Congress the authority to make the transfer and receive approval of that request.</ins>

## Sec. 230 (unnamed section) — added

- <ins>The Secretary of Veterans Affairs may not reprogram funds among major construction projects or programs if such instance of reprogramming will exceed $7,000,000, unless such reprogramming is approved by the Committees on Appropriations of both Houses of Congress.</ins>

## Sec. 231 (unnamed section) — added

- (a) <ins>The Secretary of Veterans Affairs shall ensure that the toll-free suicide hotline under section 1720F(h) of title 38, United States Code—</ins>
  - (1) <ins>provides to individuals who contact the hotline immediate assistance from a trained professional; and</ins>
  - (2) <ins>adheres to all requirements of the American Association of Suicidology.</ins>
- (b) <ins></ins>
  - (1) <ins>None of the funds made available by this Act may be used to enforce or otherwise carry out any Executive action that prohibits the Secretary of Veterans Affairs from appointing an individual to occupy a vacant civil service position, or establishing a new civil service position, at the Department of Veterans Affairs with respect to such a position relating to the hotline specified in subsection (a).</ins>
  - (2) <ins>In this subsection—</ins>
    - (A) <ins>the term civil service has the meaning given such term in section 2101(1) of title 5, United States Code; and</ins>
    - (B) <ins>the term Executive action includes—</ins>
      - (i) <ins>any Executive order, presidential memorandum, or other action by the President; and</ins>
      - (ii) <ins>any agency policy, order, or other directive.</ins>
- (c) <ins></ins>
  - (1) <ins>The Secretary of Veterans Affairs shall conduct a study on the effectiveness of the hotline specified in subsection (a) during the 5-year period beginning on January 1, 2016, based on an analysis of national suicide data and data collected from such hotline.</ins>
  - (2) <ins>At a minimum, the study required by paragraph (1) shall—</ins>
    - (A) <ins>determine the number of veterans who contact the hotline specified in subsection (a) and who receive follow up services from the hotline or mental health services from the Department of Veterans Affairs thereafter;</ins>
    - (B) <ins>determine the number of veterans who contact the hotline who are not referred to, or do not continue receiving, mental health care who commit suicide; and</ins>
    - (C) <ins>determine the number of veterans described in subparagraph (A) who commit or attempt suicide.</ins>

## Sec. 232 (unnamed section) — added

- <ins>None of the funds in this or any other Act may be used to close Department of Veterans Affairs (VA) hospitals, domiciliaries, or clinics, conduct an environmental assessment, or to diminish healthcare services at existing Veterans Health Administration medical facilities located in Veterans Integrated Service Network 23 as part of a planned realignment of VA services until the Secretary provides to the Committees on Appropriations of both Houses of Congress a report including the following elements—</ins>
- (1) <ins>a national realignment strategy that includes a detailed description of realignment plans within each Veterans Integrated Services Network (VISN), including an updated Long Range Capital Plan to implement realignment requirements;</ins>
- (2) <ins>an explanation of the process by which those plans were developed and coordinated within each VISN;</ins>
- (3) <ins>a cost versus benefit analysis of each planned realignment, including the cost of replacing Veterans Health Administration services with contract care or other outsourced services;</ins>
- (4) <ins>an analysis of how any such planned realignment of services will impact access to care for veterans living in rural or highly rural areas, including travel distances and transportation costs to access a VA medical facility and availability of local specialty and primary care;</ins>
- (5) <ins>an inventory of VA buildings with historic designation and the methodology used to determine the buildings’ condition and utilization;</ins>
- (6) <ins>a description of how any realignment will be consistent with requirements under the National Historic Preservation Act; and</ins>
- (7) <ins>consideration given for reuse of historic buildings within newly identified realignment requirements: Provided, That, this provision shall not apply to capital projects in VISN 23, or any other VISN, which have been authorized or approved by Congress.</ins>

## Sec. 233 (unnamed section) — added

- <ins>Effective during the period beginning on October 1, 2018 and ending on January 1, 2024, none of the funds made available to the Secretary of Veterans Affairs by this or any other Act may be obligated or expended in contravention of the “Veterans Health Administration Clinical Preventive Services Guidance Statement on the Veterans Health Administration’s Screening for Breast Cancer Guidance” published on May 10, 2017, as issued by the Veterans Health Administration National Center for Health Promotion and Disease Prevention.</ins>

## Sec. 234 (unnamed section) — added

- (a) <ins>Chapter 17 of title 38, United States Code, is amended by inserting after section 1720I the following new section:</ins>
  - <ins>“1720J. Provision of assisted reproductive technology or adoption reimbursements for certain disabled veterans</ins>
  - <ins>“(a) Provision of services—Subject to the availability of appropriations, the Secretary may provide—</ins>
  - <ins>“(1) fertility counseling and treatment using assisted reproductive technology to a covered veteran or the spouse of a covered veteran; or</ins>
  - <ins>“(2) adoption reimbursement to a covered veteran.</ins>
  - <ins>“(b) Limitations—Amounts made available for the purposes specified in subsection (a) are subject to the requirements for funds contained in section 508 of division H of the Consolidated Appropriations Act, 2017 (Public Law 115–31).</ins>
  - <ins>“(c) Definitions—In this section:</ins>
  - <ins>“(1) The term adoption reimbursement means reimbursement for the adoption-related expenses for an adoption that is finalized after the date of the enactment of this section under the same terms as apply under the adoption reimbursement program of the Department of Defense, as authorized in Department of Defense Instruction 1341.09, including the reimbursement limits and requirements set forth in such instruction, as in effect on the date of the enactment of this section.</ins>
  - <ins>“(2) The term assisted reproductive technology means benefits relating to reproductive assistance provided to a member of the Armed Forces who incurs a serious injury or illness on active duty pursuant to section 1074(c)(4)(A) of title 10, as described in the memorandum on the subject of “Policy for Assisted Reproductive Services for the Benefit of Seriously or Severely Ill/Injured (Category II or III) Active Duty Service Members” issued by the Assistant Secretary of Defense for Health Affairs on April 3, 2012, and the guidance issued to implement such policy, as in effect on the date of the enactment of this section, including any limitations on the amount of such benefits available to such a member, except that—</ins>
  - <ins>“(A) the periods regarding embryo cryopreservation and storage set forth in part III(G) and in part IV(H) of the first part IV of such memorandum shall not apply; and</ins>
  - <ins>“(B) such term includes embryo cryopreservation and storage without limitation on the duration of such cryopreservation and storage.</ins>
  - <ins>“(3) The term covered veteran means a veteran who has a service-connected disability that results in the inability of the veteran to procreate without the use of fertility treatment.”</ins>
- (b) <ins>The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1720I the following new item:</ins>

## Sec. 235 (unnamed section) — added

- <ins>None of the funds appropriated or otherwise made available by this Act or any other Act for the Department of Veterans Affairs may be used in a manner that is inconsistent with: (1) section 842 of the Transportation, Treasury, Housing and Urban Development, the Judiciary, the District of Columbia, and Independent Agencies Appropriations Act, 2006 (Public Law 109–115; 119 Stat. 2506); or (2) section 8110(a)(5) of title 38, United States Code.</ins>

## Sec. 236 (unnamed section) — added

- <ins>Section 842 of Public Law 109–115 shall not apply to conversion of an activity or function of the Veterans Health Administration, Veterans Benefits Administration, or National Cemetery Administration to contractor performance by a business concern that is at least 51 percent owned by one or more Indian tribes as defined in section 5304(e) of title 25, United States Code, or one or more Native Hawaiian Organizations as defined in section 637(a)(15) of title 15, United States Code.</ins>

## Sec. 237 (unnamed section) — added

- (a) <ins>Except as provided in subsection (b), the Secretary of Veterans Affairs, in consultation with the Secretary of Defense and the Secretary of Labor, shall discontinue using Social Security account numbers to identify individuals in all information systems of the Department of Veterans Affairs as follows:</ins>
  - (1) <ins>For all veterans submitting to the Secretary of Veterans Affairs new claims for benefits under laws administered by the Secretary, not later than 5 years after the date of the enactment of this Act.</ins>
  - (2) <ins>For all individuals not described in paragraph (1), not later than 8 years after the date of the enactment of this Act.</ins>
- (b) <ins>The Secretary of Veterans Affairs may use a Social Security account number to identify an individual in an information system of the Department of Veterans Affairs if and only if the use of such number is required to obtain information the Secretary requires from an information system that is not under the jurisdiction of the Secretary.</ins>

## Sec. 238 (unnamed section) — added

- <ins>For funds provided to the Department of Veterans Affairs for each of fiscal year 2021 and 2022 for “Medical Services”, section 239 of division A of Public Law 114–223 shall apply.</ins>

## Sec. 239 (unnamed section) — added

- <ins>None of the funds appropriated in this or prior appropriations Acts or otherwise made available to the Department of Veterans Affairs may be used to transfer any amounts from the Filipino Veterans Equity Compensation Fund to any other account within the Department of Veterans Affairs.</ins>

## Sec. 240 (unnamed section) — added

- <ins>Of the funds provided to the Department of Veterans Affairs for each of fiscal year 2021 and fiscal year 2022 for “Medical Services”, funds may be used in each year to carry out and expand the child care program authorized by section 205 of Public Law 111–163, notwithstanding subsection (e) of such section.</ins>

## Sec. 241 (unnamed section) — added

- <ins>None of the funds appropriated or otherwise made available in this title may be used by the Secretary of Veterans Affairs to enter into an agreement related to resolving a dispute or claim with an individual that would restrict in any way the individual from speaking to members of Congress or their staff on any topic not otherwise prohibited from disclosure by Federal law or required by Executive order to be kept secret in the interest of national defense or the conduct of foreign affairs.</ins>

## Sec. 242 (unnamed section) — added

- <ins>For funds provided to the Department of Veterans Affairs for each of fiscal year 2021 and 2022, section 258 of division A of Public Law 114–223 shall apply.</ins>

## Sec. 243 (unnamed section) — added

- (a) <ins>None of the funds appropriated or otherwise made available by this Act may be used to deny an Inspector General funded under this Act timely access to any records, documents, or other materials available to the department or agency of the United States Government over which such Inspector General has responsibilities under the Inspector General Act of 1978 (5 U.S.C. App.), or to prevent or impede the access of such Inspector General to such records, documents, or other materials, under any provision of law, except a provision of law that expressly refers to such Inspector General and expressly limits the right of access of such Inspector General.</ins>
- (b) <ins>A department or agency covered by this section shall provide its Inspector General access to all records, documents, and other materials in a timely manner.</ins>
- (c) <ins>Each Inspector General covered by this section shall ensure compliance with statutory limitations on disclosure relevant to the information provided by the department or agency over which that Inspector General has responsibilities under the Inspector General Act of 1978 (5 U.S.C. App.).</ins>
- (d) <ins>Each Inspector General covered by this section shall report to the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives within 5 calendar days of any failure by any department or agency covered by this section to comply with this section.</ins>

## Sec. 244 (unnamed section) — added

- <ins>None of the funds made available in this Act may be used in a manner that would increase wait times for veterans who seek care at medical facilities of the Department of Veterans Affairs.</ins>

## Sec. 245 (unnamed section) — added

- <ins>None of the funds appropriated or otherwise made available by this Act to the Veterans Health Administration may be used in fiscal year 2021 to convert any program which received specific purpose funds in fiscal year 2020 to a general purpose funded program unless the Secretary of Veterans Affairs submits written notification of any such proposal to the Committees on Appropriations of both Houses of Congress at least 30 days prior to any such action and an approval is issued by the Committees.</ins>

## Sec. 246 (unnamed section) — added

- (a) <ins>Except as provided by subsection (b), none of the funds made available by this Act may be used by the Secretary of Veterans Affairs to purchase, breed, transport, house, feed, maintain, dispose of, or experiment on, dogs as part of the conduct of any study including an assignment of pain category D or E, as defined by the Pain and Distress Categories of the Department of Agriculture (or such successor categories developed pursuant to section 13 of the Animal Welfare Act (7 U.S.C. 2143)).</ins>
- (b) <ins>Subsection (a) shall not apply to training programs or studies of service dogs described in section 1714 of title 38, United States Code, or section 17.148 of title 38, Code of Federal Regulations.</ins>

## Sec. 247 (unnamed section) — added

- <ins>None of the funds made available by this Act may be used by the Secretary of Veterans Affairs to close the community based outpatient clinic located in Bainbridge, New York, until the Secretary of Veterans Affairs submits to the Committees on Appropriations of the House of Representatives and the Senate a market area assessment.</ins>

## Sec. 248 (unnamed section) — added

- (a) <ins>Not later than 180 days after the date of the enactment of this Act, and not less frequently than once every 5-year period thereafter, the Secretary of Veterans Affairs shall update the handbook of the Department of Veterans Affairs titled “Planning and Activating Community Based Outpatient Clinics”, or a successor handbook, to reflect current policies, best practices, and clarify the roles and responsibilities of the personnel of the Department involved in the leasing projects of the Department.</ins>
- (b) <ins>The Secretary shall ensure that the handbook specified in subsection (a) defines “community based outpatient clinic” in the same manner as such term is defined in the Veterans Health Administration Site Tracking database (commonly known as “VAST”) as of the date of the enactment of this Act.</ins>
- (c) <ins>The Secretary shall ensure that the Veterans Health Administration incorporates the best practices contained in the handbook specified in subsection (a) in conducting oversight of the medical centers of the Department of Veterans Affairs and the Veterans Integrated Service Network.</ins>
- (d) <ins>Not later than 180 days after the date of the enactment of this Act, the Secretary shall provide guidance and training to employees of the Veterans Health Administration for the use of the handbook specified in subsection (a). The Secretary shall update such guidance and training together with each update of such handbook.</ins>

## Sec. 249 (unnamed section) — added

- <ins>Amounts made available for the “Veterans Health Administration, Medical Community Care” account in this or any other Act for fiscal years 2021 and 2022 may be used for expenses that would have otherwise been payable from the Veterans Choice Fund established by section 802 of the Veterans Access, Choice, and Accountability Act, as amended (38 U.S.C. 1701 note).</ins>

## Sec. 250 (unnamed section) — added

- <ins>Obligations and expenditures applicable to the “Medical Services” account in fiscal years 2017 through 2019 for aid to state homes (as authorized by section 1741 of title 38, United States Code) shall remain in the “Medical Community Care” account for such fiscal years.</ins>

## Sec. 251 (unnamed section) — added

- <ins>Of the total amounts made available on October 1, 2020, under the headings “Department of Veterans Affairs—Veterans Health Administration—Medical Services”, “Department of Veterans Affairs—Veterans Health Administration—Medical Community Care”, “Department of Veterans Affairs—Veterans Health Administration—Medical Support and Compliance”, and “Department of Veterans Affairs—Veterans Health Administration—Medical Facilities”, $660,691,000 shall be made available for gender-specific care for women.</ins>

## Sec. 301 (unnamed section) — added

- <ins>Amounts deposited into the special account established under 10 U.S.C. 7727 are appropriated and shall be available until expended to support activities at the Army National Military Cemeteries.</ins>

## Sec. 401 (unnamed section) — added

- <ins>None of the funds appropriated for military construction projects outside the United States under this title may be obligated or expended for planning and design of any project associated with the European Deterrence Initiative until the Secretary of Defense develops and submits to the congressional defense committees, in a classified and unclassified format, a list of all of the military construction projects associated with the European Deterrence Initiative which the Secretary anticipates will be carried out during each of the fiscal years 2022 through 2026.</ins>

## Sec. 501 (unnamed section) — added

- <ins>No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.</ins>

## Sec. 502 (unnamed section) — added

- <ins>None of the funds made available in this Act may be used for any program, project, or activity, when it is made known to the Federal entity or official to which the funds are made available that the program, project, or activity is not in compliance with any Federal law relating to risk assessment, the protection of private property rights, or unfunded mandates.</ins>

## Sec. 503 (unnamed section) — added

- <ins>All departments and agencies funded under this Act are encouraged, within the limits of the existing statutory authorities and funding, to expand their use of “E–Commerce” technologies and procedures in the conduct of their business practices and public service activities.</ins>

## Sec. 504 (unnamed section) — added

- <ins>Unless stated otherwise, all reports and notifications required by this Act shall be submitted to the Subcommittee on Military Construction and Veterans Affairs, and Related Agencies of the Committee on Appropriations of the House of Representatives and the Subcommittee on Military Construction and Veterans Affairs, and Related Agencies of the Committee on Appropriations of the Senate.</ins>

## Sec. 505 (unnamed section) — added

- <ins>None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government except pursuant to a transfer made by, or transfer authority provided in, this or any other appropriations Act.</ins>

## Sec. 506 (unnamed section) — added

- <ins>None of the funds made available in this Act may be used for a project or program named for an individual serving as a Member, Delegate, or Resident Commissioner of the United States House of Representatives.</ins>

## Sec. 507 (unnamed section) — added

- (a) <ins>Any agency receiving funds made available in this Act, shall, subject to subsections (b) and (c), post on the public Web site of that agency any report required to be submitted by the Congress in this or any other Act, upon the determination by the head of the agency that it shall serve the national interest.</ins>
- (b) <ins>Subsection (a) shall not apply to a report if—</ins>
  - (1) <ins>the public posting of the report compromises national security; or</ins>
  - (2) <ins>the report contains confidential or proprietary information.</ins>
- (c) <ins>The head of the agency posting such report shall do so only after such report has been made available to the requesting Committee or Committees of Congress for no less than 45 days.</ins>

## Sec. 508 (unnamed section) — added

- (a) <ins>None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography.</ins>
- (b) <ins>Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities.</ins>

## Sec. 509 (unnamed section) — added

- <ins>None of the funds made available in this Act may be used by an agency of the executive branch to pay for first-class travel by an employee of the agency in contravention of sections 301–10.122 through 301–10.124 of title 41, Code of Federal Regulations.</ins>

## Sec. 510 (unnamed section) — added

- <ins>None of the funds made available in this Act may be used to execute a contract for goods or services, including construction services, where the contractor has not complied with Executive Order No. 12989.</ins>

## Sec. 511 (unnamed section) — added

- <ins>None of the funds made available by this Act may be used by the Department of Defense or the Department of Veterans Affairs to lease or purchase new light duty vehicles for any executive fleet, or for an agency’s fleet inventory, except in accordance with Presidential Memorandum—Federal Fleet Performance, dated May 24, 2011.</ins>

## Sec. 512 (unnamed section) — added

- <ins>None of the funds made available by this Act may be used in contravention of section 101(e)(8) of title 10, United States Code.</ins>

## Sec. 513 (unnamed section) — added

- <ins>Notwithstanding any other provision of law, none of the funds appropriated in this or any other Act for a military construction project, as defined by section 2801 of title 10, United States Code, for any of fiscal years 2016 through 2020 or for fiscal year 2021 may be obligated, expended, or used to design, construct, or carry out—</ins>
- (1) <ins>a project to construct a wall, barrier, fence, or road along the Southern border of the United States;</ins>
- (2) <ins>a road to provide access to a wall, barrier, or fence constructed along the Southern border of the United States; or</ins>
- (3) <ins>any military construction project for which funds were appropriated for any of fiscal years 2016 through 2020, but that were rescinded or postponed by reason of the declaration of a national emergency on February 15, 2019.</ins>

## Sec. 514 (unnamed section) — added

- (a) <ins>None of the funds appropriated or otherwise made available by this Act may be made available to enter into any new contract, grant, or cooperative agreement with any entity listed in subsection (b).</ins>
- (b) <ins>The entities listed in this subsection are the following:</ins>