Consolidated Appropriations Act, 2021 (Pub L 116-260)

(PART 1) *
PUBLIC LAW 116–260—DEC. 27, 2020

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CONSOLIDATED APPROPRIATIONS ACT, 2021

* Editorial note: Part 1 contains pages 134 Stat. 1182 through 134 Stat. 2247. See note at the
end.

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PUBL260A

134 STAT. 1182

PUBLIC LAW 116–260—DEC. 27, 2020

Public Law 116–260
116th Congress
An Act
Dec. 27, 2020
[H.R. 133]
Consolidated
Appropriations
Act, 2021.

Making consolidated appropriations for the fiscal year ending September 30, 2021,
providing coronavirus emergency response and relief, and for other purposes.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Consolidated Appropriations
Act, 2021’’.
SEC. 2. TABLE OF CONTENTS.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1.
2.
3.
4.
5.
6.
7.
8.
9.

Short title.
Table of contents.
References.
Explanatory statement.
Statement of appropriations.
Availability of funds.
Adjustments to compensation.
Definition.
Office of Management and Budget Reporting Requirement.

DIVISION A—AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2021
Title
Title
Title
Title
Title
Title
Title

I—Agricultural Programs
II—Farm Production and Conservation Programs
III—Rural Development Programs
IV—Domestic Food Programs
V—Foreign Assistance and Related Programs
VI—Related Agency and Food and Drug Administration
VII—General Provisions

DIVISION B—COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2021
Title
Title
Title
Title
Title

I—Department of Commerce
II—Department of Justice
III—Science
IV—Related Agencies
V—General Provisions

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DIVISION C—DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2021
Title
Title
Title
Title
Title
Title
Title
Title
Title

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I—Military Personnel
II—Operation and Maintenance
III—Procurement
IV—Research, Development, Test and Evaluation
V—Revolving and Management Funds
VI—Other Department of Defense Programs
VII—Related Agencies
VIII—General Provisions
IX—Overseas Contingency Operations

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1183

DIVISION D—ENERGY AND WATER DEVELOPMENT AND RELATED
AGENCIES APPROPRIATIONS ACT, 2021
Title I—Corps of Engineers—Civil
Title II—Department of the Interior
Title III—Department of Energy
Title IV—Independent Agencies
Title V—General Provisions

Title
Title
Title
Title
Title
Title
Title
Title
Title

DIVISION E—FINANCIAL SERVICES AND GENERAL GOVERNMENT
APPROPRIATIONS ACT, 2021
I—Department of the Treasury
II—Executive Office of the President and Funds Appropriated to the President
III—The Judiciary
IV—District of Columbia
V—Independent Agencies
VI—General Provisions—This Act
VII—General Provisions—Government-wide
VIII—General Provisions—District of Columbia
IX—General Provision—Emergency Funding

DIVISION F—DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS
ACT, 2021
Title I—Departmental Management, Operations, Intelligence, and Oversight
Title II—Security, Enforcement, and Investigations
Title III—Protection, Preparedness, Response, and Recovery
Title IV—Research, Development, Training, and Services
Title V—General Provisions
DIVISION G—DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND
RELATED AGENCIES APPROPRIATIONS ACT, 2021
Title I—Department of the Interior
Title II—Environmental Protection Agency
Title III—Related Agencies
Title IV—General Provisions
DIVISION H—DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES,
AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2021
Title I—Department of Labor
Title II—Department of Health and Human Services
Title III—Department of Education
Title IV—Related Agencies
Title V—General Provisions
DIVISION I—LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2021
Title I—Legislative Branch
Title II—General Provisions
DIVISION J—MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND
RELATED AGENCIES APPROPRIATIONS ACT, 2021
Title I—Department of Defense
Title II—Department of Veterans Affairs
Title III—Related Agencies
Title IV—Overseas Contingency Operations
Title V—General Provisions

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DIVISION K—DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND
RELATED PROGRAMS APPROPRIATIONS ACT, 2021
Title I—Department of State and Related Agency
Title II—United States Agency for International Development
Title III—Bilateral Economic Assistance
Title IV—International Security Assistance
Title V—Multilateral Assistance
Title VI—Export and Investment Assistance
Title VII—General Provisions
Title VIII—Nita M. Lowey Middle East Partnership for Peace Act of 2020
Title IX—Emergency Funding and Other Matters
DIVISION L—TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT,
AND RELATED AGENCIES APPROPRIATIONS ACT, 2021
Title I—Department of Transportation

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134 STAT. 1184

PUBLIC LAW 116–260—DEC. 27, 2020

Title II—Department of Housing and Urban Development
Title III—Related Agencies
Title IV—General Provisions—This Act
DIVISION M—CORONAVIRUS RESPONSE AND RELIEF SUPPLEMENTAL
APPROPRIATIONS ACT, 2021
DIVISION N—ADDITIONAL CORONAVIRUS RESPONSE AND RELIEF
DIVISION O—EXTENSIONS AND TECHNICAL CORRECTIONS
Title I—Immigration Extensions
Title II—Commission on Black Men and Boys Corrections
Title III—U.S. Customs and Border Protection Authority to Accept Donations Extension
Title IV—Livestock Mandatory Reporting Extension
Title V—Soil Health and Income Protection Pilot Program Extension
Title VI—United States-Mexico-Canada Agreement Implementation Act Technical
Corrections
Title VII—Deputy Architect of the Capitol Amendments
Title VIII—Pandemic Response Accountability Committee Amendments
Title IX—Adjustment of Status for Liberian Nationals Extension
Title X—Clean Up the Code Act of 2019
Title XI—Amendments to Provisions Relating to Child Care Centers
Title XII—Alaska Natives Extension
Title XIII— Open Technology Fund Opportunity to Contest Proposed Debarment
Title XIV—Budgetary Effects
DIVISION P—NATIONAL BIO AND AGRO-DEFENSE FACILITY ACT OF 2020
DIVISION Q—FINANCIAL SERVICES PROVISIONS AND INTELLECTUAL
PROPERTY
DIVISION R—PROTECTING OUR INFRASTRUCTURE OF PIPELINES AND
ENHANCING SAFETY ACT OF 2020
DIVISION S—INNOVATION FOR THE ENVIRONMENT
DIVISION T—SMITHSONIAN AMERICAN WOMEN’S HISTORY MUSEUM ACT
AND NATIONAL MUSEUM OF THE AMERICAN LATINO
DIVISION U—HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
PROVISIONS
DIVISION V—AIRCRAFT CERTIFICATION, SAFETY, AND ACCOUNTABILITY
DIVISION W—INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2021
DIVISION X—SUPPORTING FOSTER YOUTH AND FAMILIES THROUGH THE
PANDEMIC
DIVISION Y—AMERICAN MINER BENEFITS IMPROVEMENT
DIVISION Z—ENERGY ACT OF 2020
DIVISION AA—WATER RESOURCES DEVELOPMENT ACT OF 2020
DIVISION BB—PRIVATE HEALTH INSURANCE AND PUBLIC HEALTH
PROVISIONS
DIVISION CC—HEALTH EXTENDERS
DIVISION DD—MONTANA WATER RIGHTS PROTECTION ACT

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DIVISION EE—TAXPAYER CERTAINTY AND DISASTER TAX RELIEF ACT OF
2020
DIVISION FF—OTHER MATTER
Title I—Continuing Education at Affected Foreign Institutions and Modification of
Certain Protections for Taxpayer Return Information
Title II—Public Lands
Title III—Foreign Relations and Department of State Provisions
Title IV—Senate Sergeant at Arms Cloud Services
Title V— Repeal of Requirement to Sell Certain Federal Property in Plum Island,
New York

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1185

Title VI— Preventing Online Sales of E-Cigarettes to Children
Title VII—FAFSA Simplification
Title VIII—Access to Death Information Furnished to or Maintained by the Social
Security Administration
Title IX—Telecommunications and Consumer Protection
Title X—Bankruptcy Relief
Title XI—Western Water and Indian Affairs
Title XII—Horseracing Integrity and Safety
Title XIII—Community Development Block Grants
Title XIV—COVID–19 Consumer Protection Act
Title XV—American COMPETE Act
Title XVI—Recording of Obligations
Title XVII—Sudan Claims Resolution
Title XVIII—Theodore Roosevelt Presidential Library Conveyance Act of 2020
Title XIX—United States-Mexico Economic Partnership Act
Title XX—Consumer Product Safety Commission Port Surveillance
Title XXI—COVID–19 Regulatory Relief and Work From Home Safety Act
SEC. 3. REFERENCES.

1 USC 1 note.

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.
SEC. 4. EXPLANATORY STATEMENT.

The explanatory statement regarding this Act, printed in the
House section of the Congressional Record on or about December
21, 2020, and submitted by the Chairwoman of the Committee
on Appropriations of the House, shall have the same effect with
respect to the allocation of funds and implementation of divisions
A through L of this Act as if it were a joint explanatory statement
of a committee of conference.
SEC. 5. STATEMENT OF APPROPRIATIONS.

The following sums in this Act are appropriated, out of any
money in the Treasury not otherwise appropriated, for the fiscal
year ending September 30, 2021.
SEC. 6. AVAILABILITY OF FUNDS.

President.

(a) 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.
(b) 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.
SEC. 7. ADJUSTMENTS TO COMPENSATION.

2 USC 4501 note.

Notwithstanding any other provision of law, no adjustment
shall be made under section 601(a) of the Legislative Reorganization
Act of 1946 (2 U.S.C. 4501) (relating to cost of living adjustments
for Members of Congress) during fiscal year 2021.

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SEC. 8. DEFINITION.

5 USC 5547 note.

In divisions A through M of this Act, the term ‘‘coronavirus’’
means SARS–CoV–2 or another coronavirus with pandemic potential.

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PUBL260A

134 STAT. 1186
Estimates.

PUBLIC LAW 116–260—DEC. 27, 2020

SEC. 9. OFFICE OF MANAGEMENT AND BUDGET REPORTING REQUIREMENT.

Notwithstanding the ‘‘7 calendar days’’ requirement in section
251(a)(7)(B) of the Balanced Budget and Emergency Deficit Control
Act of 1985 (2 U.S.C. 901(a)(7)(B)), for any appropriations Act
for fiscal year 2021 enacted before January 1, 2021, the Office
of Management and Budget shall transmit to the Congress its
report under that section estimating the discretionary budgetary
effects of such Acts not later than January 15, 2021.
Agriculture,
Rural
Development,
Food and Drug
Administration,
and Related
Agencies
Appropriations
Act, 2021.

DIVISION A—AGRICULTURE, RURAL DEVELOPMENT,
FOOD AND DRUG ADMINISTRATION, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2021
TITLE I
AGRICULTURAL PROGRAMS
PROCESSING, RESEARCH,
OFFICE

OF THE

AND

MARKETING

SECRETARY

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(INCLUDING TRANSFERS OF FUNDS)

Reimbursements.

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For necessary expenses of the Office of the Secretary,
$46,998,000, of which not to exceed $5,101,000 shall be available
for the immediate Office of the Secretary; not to exceed $1,324,000
shall be available for the Office of Homeland Security; not to exceed
$7,002,000 shall be available for the Office of Partnerships and
Public Engagement, of which $1,500,000 shall be for 7 U.S.C.
2279(c)(5); not to exceed $22,321,000 shall be available for the
Office of the Assistant Secretary for Administration, of which
$21,440,000 shall be available for Departmental Administration
to provide for necessary expenses for management support services
to offices of the Department and for general administration, security, repairs and alterations, and other miscellaneous supplies and
expenses not otherwise provided for and necessary for the practical
and efficient work of the Department: Provided, That funds made
available by this Act to an agency in the Administration mission
area for salaries and expenses are available to fund up to one
administrative support staff for the Office; not to exceed $3,908,000
shall be available for the Office of Assistant Secretary for Congressional Relations and Intergovernmental Affairs to carry out the
programs funded by this Act, including programs involving intergovernmental affairs and liaison within the executive branch; and
not to exceed $7,342,000 shall be available for the Office of Communications: Provided further, That the Secretary of Agriculture is
authorized to transfer funds appropriated for any office of the
Office of the Secretary to any other office of the Office of the
Secretary: Provided further, That no appropriation for any office
shall be increased or decreased by more than 5 percent: Provided
further, That not to exceed $22,000 of the amount made available
under this paragraph for the immediate Office of the Secretary
shall be available for official reception and representation expenses,
not otherwise provided for, as determined by the Secretary: Provided
further, That the amount made available under this heading for
Departmental Administration shall be reimbursed from applicable

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PUBL260A

PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1187

appropriations in this Act for travel expenses incident to the holding
of hearings as required by 5 U.S.C. 551–558: Provided further,
That funds made available under this heading for the Office of
the Assistant Secretary for Congressional Relations and Intergovernmental Affairs may be transferred to agencies of the Department
of Agriculture funded by this Act to maintain personnel at the
agency level: Provided further, That no funds made available under
this heading for the Office of Assistant Secretary for Congressional
Relations may be obligated after 30 days from the date of enactment
of this Act, unless the Secretary has notified the Committees on
Appropriations of both Houses of Congress on the allocation of
these funds by USDA agency: Provided further, That during any
30 day notification period referenced in section 716 of this Act,
the Secretary of Agriculture shall take no action to begin
implementation of the action that is subject to section 716 of this
Act or make any public announcement of such action in any form.

Time period.
Notification.

Notification.
Time period.

EXECUTIVE OPERATIONS
OFFICE OF THE CHIEF ECONOMIST

For necessary expenses of the Office of the Chief Economist,
$24,192,000, of which $8,000,000 shall be for grants or cooperative
agreements for policy research under 7 U.S.C. 3155.
OFFICE OF HEARINGS AND APPEALS

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

For necessary expenses of the Office of Budget and Program
Analysis, $9,629,000.
OFFICE

OF THE

CHIEF INFORMATION OFFICER

For necessary expenses of the Office of the Chief Information
Officer, $66,814,000, of which not less than $56,000,000 is for
cybersecurity requirements of the department.
OFFICE

OF THE

CHIEF FINANCIAL OFFICER

For necessary expenses of the Office of the Chief Financial
Officer, $6,109,000.
OFFICE

OF THE

ASSISTANT SECRETARY

FOR

CIVIL RIGHTS

For necessary expenses of the Office of the Assistant Secretary
for Civil Rights, $908,000: Provided, That funds made available
by this Act to an agency in the Civil Rights mission area for
salaries and expenses are available to fund up to one administrative
support staff for the Office.

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OFFICE
For necessary
$22,789,000.

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OF

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of

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the

Office

of

Civil

Rights,

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PUBL260A

134 STAT. 1188

PUBLIC LAW 116–260—DEC. 27, 2020
AGRICULTURE BUILDINGS

AND

FACILITIES

(INCLUDING TRANSFERS OF FUNDS)

For payment of space rental and related costs pursuant to
Public Law 92–313, including authorities pursuant to the 1984
delegation of authority from the Administrator of General Services
to the Department of Agriculture under 40 U.S.C. 121, for programs
and activities of the Department which are included in this Act,
and for alterations and other actions needed for the Department
and its agencies to consolidate unneeded space into configurations
suitable for release to the Administrator of General Services, and
for the operation, maintenance, improvement, and repair of Agriculture buildings and facilities, and for related costs, $108,124,000,
to remain available until expended.
HAZARDOUS MATERIALS MANAGEMENT
(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of the Department of Agriculture, to
comply with the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq.) and the Solid
Waste Disposal Act (42 U.S.C. 6901 et seq.), $6,514,000, to remain
available until expended: Provided, That appropriations and funds
available herein to the Department for Hazardous Materials
Management may be transferred to any agency of the Department
for its use in meeting all requirements pursuant to the above
Acts on Federal and non-Federal lands.
OFFICE

OF

SAFETY, SECURITY,

AND

PROTECTION

For necessary expenses of the Office of Safety, Security, and
Protection, $23,218,000.
OFFICE

OF INSPECTOR

GENERAL

For necessary expenses of the Office of Inspector General,
including employment pursuant to the Inspector General Act of
1978 (Public Law 95–452; 5 U.S.C. App.), $99,912,000, including
such sums as may be necessary for contracting and other arrangements with public agencies and private persons pursuant to section
6(a)(9) of the Inspector General Act of 1978 (Public Law 95–452;
5 U.S.C. App.), and including not to exceed $125,000 for certain
confidential operational expenses, including the payment of informants, to be expended under the direction of the Inspector General
pursuant to the Inspector General Act of 1978 (Public Law 95–
452; 5 U.S.C. App.) and section 1337 of the Agriculture and Food
Act of 1981 (Public Law 97–98).
OFFICE

OF THE

GENERAL COUNSEL

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For necessary expenses of the Office of the General Counsel,
$45,390,000.
OFFICE

OF

ETHICS

For necessary expenses of the Office of Ethics, $4,184,000.

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PUBLIC LAW 116–260—DEC. 27, 2020
OFFICE

OF THE

UNDER SECRETARY FOR RESEARCH, EDUCATION,
ECONOMICS

134 STAT. 1189
AND

For necessary expenses of the Office of the Under Secretary
for Research, Education, and Economics, $809,000: Provided, That
funds made available by this Act to an agency in the Research,
Education, and Economics mission area for salaries and expenses
are available to fund up to one administrative support staff for
the Office.
ECONOMIC RESEARCH SERVICE
For necessary expenses of the Economic Research Service,
$85,476,000.
NATIONAL AGRICULTURAL STATISTICS SERVICE
For necessary expenses of the National Agricultural Statistics
Service, $183,921,000, of which up to $46,300,000 shall be available
until expended for the Census of Agriculture: Provided, That
amounts made available for the Census of Agriculture may be
used to conduct Current Industrial Report surveys subject to 7
U.S.C. 2204g(d) and (f).

Surveys.

AGRICULTURAL RESEARCH SERVICE

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SALARIES AND EXPENSES

For necessary expenses of the Agricultural Research Service
and for acquisition of lands by donation, exchange, or purchase
at a nominal cost not to exceed $100, and for land exchanges
where the lands exchanged shall be of equal value or shall be
equalized by a payment of money to the grantor which shall not
exceed 25 percent of the total value of the land or interests transferred out of Federal ownership, $1,491,784,000: Provided, That
appropriations hereunder shall be available for the operation and
maintenance of aircraft and the purchase of not to exceed one
for replacement only: Provided further, That appropriations hereunder shall be available pursuant to 7 U.S.C. 2250 for the construction, alteration, and repair of buildings and improvements, but
unless otherwise provided, the cost of constructing any one building
shall not exceed $500,000, except for headhouses or greenhouses
which shall each be limited to $1,800,000, except for 10 buildings
to be constructed or improved at a cost not to exceed $1,100,000
each, and except for two buildings to be constructed at a cost
not to exceed $3,000,000 each, and the cost of altering any one
building during the fiscal year shall not exceed 10 percent of the
current replacement value of the building or $500,000, whichever
is greater: Provided further, That appropriations hereunder shall
be available for entering into lease agreements at any Agricultural
Research Service location for the construction of a research facility
by a non-Federal entity for use by the Agricultural Research Service
and a condition of the lease shall be that any facility shall be
owned, operated, and maintained by the non-Federal entity and
shall be removed upon the expiration or termination of the lease
agreement: Provided further, That the limitations on alterations
contained in this Act shall not apply to modernization or replacement of existing facilities at Beltsville, Maryland: Provided further,

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7 USC 2254.

Contracts.

Maryland.

PUBL260A

134 STAT. 1190

Easements.

PUBLIC LAW 116–260—DEC. 27, 2020

That appropriations hereunder shall be available for granting easements at the Beltsville Agricultural Research Center: Provided
further, That the foregoing limitations shall not apply to replacement of buildings needed to carry out the Act of April 24, 1948
(21 U.S.C. 113a): Provided further, That appropriations hereunder
shall be available for granting easements at any Agricultural
Research Service location for the construction of a research facility
by a non-Federal entity for use by, and acceptable to, the Agricultural Research Service and a condition of the easements shall
be that upon completion the facility shall be accepted by the Secretary, subject to the availability of funds herein, if the Secretary
finds that acceptance of the facility is in the interest of the United
States: Provided further, That funds may be received from any
State, other political subdivision, organization, or individual for
the purpose of establishing or operating any research facility or
research project of the Agricultural Research Service, as authorized
by law.
BUILDINGS AND FACILITIES

For the acquisition of land, construction, repair, improvement,
extension, alteration, and purchase of fixed equipment or facilities
as necessary to carry out the agricultural research programs of
the Department of Agriculture, where not otherwise provided,
$35,700,000 to remain available until expended, of which
$11,200,000 shall be allocated for ARS facilities co-located with
university partners.
NATIONAL INSTITUTE

OF

FOOD

AND

AGRICULTURE

RESEARCH AND EDUCATION ACTIVITIES

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Grants.
Alaska.
Hawaii.

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For payments to agricultural experiment stations, for cooperative forestry and other research, for facilities, and for other
expenses, $992,642,000, which shall be for the purposes, and in
the amounts, specified in the table titled ‘‘National Institute of
Food and Agriculture, Research and Education Activities’’ in the
explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act): Provided, That funds
for research grants for 1994 institutions, education grants for 1890
institutions, Hispanic serving institutions education grants, capacity
building for non-land-grant colleges of agriculture, the agriculture
and food research initiative, veterinary medicine loan repayment,
multicultural scholars, graduate fellowship and institution challenge grants, and grants management systems shall remain available until expended: Provided further, That each institution eligible
to receive funds under the Evans-Allen program receives no less
than $1,000,000: Provided further, That funds for education grants
for Alaska Native and Native Hawaiian-serving institutions be
made available to individual eligible institutions or consortia of
eligible institutions with funds awarded equally to each of the
States of Alaska and Hawaii: Provided further, That funds for
education grants for 1890 institutions shall be made available to
institutions eligible to receive funds under 7 U.S.C. 3221 and 3222:
Provided further, That not more than 5 percent of the amounts
made available by this or any other Act to carry out the Agriculture
and Food Research Initiative under 7 U.S.C. 3157 may be retained

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1191

by the Secretary of Agriculture to pay administrative costs incurred
by the Secretary in carrying out that authority.
NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND

For the Native American Institutions Endowment Fund authorized by Public Law 103–382 (7 U.S.C. 301 note), $11,880,000, to
remain available until expended.
EXTENSION ACTIVITIES

For payments to States, the District of Columbia, Puerto Rico,
Guam, the Virgin Islands, Micronesia, the Northern Marianas, and
American Samoa, $538,447,000, which shall be for the purposes,
and in the amounts, specified in the table titled ‘‘National Institute
of Food and Agriculture, Extension Activities’’ in the explanatory
statement described in section 4 (in the matter preceding division
A of this consolidated Act): Provided, That funds for facility improvements at 1890 institutions shall remain available until expended:
Provided further, That institutions eligible to receive funds under
7 U.S.C. 3221 for cooperative extension receive no less than
$1,000,000: Provided further, That funds for cooperative extension
under sections 3(b) and (c) of the Smith-Lever Act (7 U.S.C. 343(b)
and (c)) and section 208(c) of Public Law 93–471 shall be available
for retirement and employees’ compensation costs for extension
agents.
INTEGRATED ACTIVITIES

For the integrated research, education, and extension grants
programs,
including
necessary
administrative
expenses,
$39,000,000, which shall be for the purposes, and in the amounts,
specified in the table titled ‘‘National Institute of Food and Agriculture, Integrated Activities’’ in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act): Provided, That funds for the Food and Agriculture
Defense Initiative shall remain available until September 30, 2022:
Provided further, That notwithstanding any other provision of law,
indirect costs shall not be charged against any Extension
Implementation Program Area grant awarded under the Crop
Protection/Pest Management Program (7 U.S.C. 7626).
OFFICE

OF THE

UNDER SECRETARY FOR MARKETING
REGULATORY PROGRAMS

AND

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For necessary expenses of the Office of the Under Secretary
for Marketing and Regulatory Programs, $809,000: Provided, That
funds made available by this Act to an agency in the Marketing
and Regulatory Programs mission area for salaries and expenses
are available to fund up to one administrative support staff for
the Office.

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134 STAT. 1192

PUBLIC LAW 116–260—DEC. 27, 2020
ANIMAL

AND

PLANT HEALTH INSPECTION SERVICE
SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF FUNDS)

Kansas.

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Brucellosis
eradication.

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For necessary expenses of the Animal and Plant Health Inspection Service, including up to $30,000 for representation allowances
and for expenses pursuant to the Foreign Service Act of 1980
(22 U.S.C. 4085), $1,064,179,000, of which $478,000, to remain
available until expended, shall be available for the control of outbreaks of insects, plant diseases, animal diseases and for control
of pest animals and birds (‘‘contingency fund’’) to the extent necessary to meet emergency conditions; of which $13,597,000, to
remain available until expended, shall be used for the cotton pests
program, including for cost share purposes or for debt retirement
for active eradication zones; of which $38,093,000, to remain available until expended, shall be for Animal Health Technical Services;
of which $2,009,000 shall be for activities under the authority
of the Horse Protection Act of 1970, as amended (15 U.S.C. 1831);
of which $63,213,000, to remain available until expended, shall
be used to support avian health; of which $4,251,000, to remain
available until expended, shall be for information technology infrastructure; of which $196,553,000, to remain available until
expended, shall be for specialty crop pests; of which, $10,942,000,
to remain available until expended, shall be for field crop and
rangeland ecosystem pests; of which $19,620,000, to remain available until expended, shall be for zoonotic disease management;
of which $41,268,000, to remain available until expended, shall
be for emergency preparedness and response; of which $60,456,000,
to remain available until expended, shall be for tree and wood
pests; of which $5,736,000, to remain available until expended,
shall be for the National Veterinary Stockpile; of which up to
$1,500,000, to remain available until expended, shall be for the
scrapie program for indemnities; of which $2,500,000, to remain
available until expended, shall be for the wildlife damage management program for aviation safety: Provided, That of amounts available under this heading for wildlife services methods development,
$1,000,000 shall remain available until expended: Provided further,
That of amounts available under this heading for the screwworm
program, $4,990,000 shall remain available until expended; of which
$20,252,000, to remain available until expended, shall be used
to carry out the science program and transition activities for the
National Bio and Agro-defense Facility located in Manhattan,
Kansas: Provided further, That no funds shall be used to formulate
or administer a brucellosis eradication program for the current
fiscal year that does not require minimum matching by the States
of at least 40 percent: Provided further, That this appropriation
shall be available for the purchase, replacement, operation, and
maintenance of aircraft: Provided further, That in addition, in emergencies which threaten any segment of the agricultural production
industry of the United States, the Secretary may transfer from
other appropriations or funds available to the agencies or corporations of the Department such sums as may be deemed necessary,
to be available only in such emergencies for the arrest and eradication of contagious or infectious disease or pests of animals,
poultry, or plants, and for expenses in accordance with sections

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1193

10411 and 10417 of the Animal Health Protection Act (7 U.S.C.
8310 and 8316) and sections 431 and 442 of the Plant Protection
Act (7 U.S.C. 7751 and 7772), and any unexpended balances of
funds transferred for such emergency purposes in the preceding
fiscal year shall be merged with such transferred amounts: Provided
further, That appropriations hereunder shall be available pursuant
to law (7 U.S.C. 2250) for the repair and alteration of leased
buildings and improvements, but unless otherwise provided the
cost of altering any one building during the fiscal year shall not
exceed 10 percent of the current replacement value of the building.
In fiscal year 2021, the agency is authorized to collect fees
to cover the total costs of providing technical assistance, goods,
or services requested by States, other political subdivisions,
domestic and international organizations, foreign governments, or
individuals, provided that such fees are structured such that any
entity’s liability for such fees is reasonably based on the technical
assistance, goods, or services provided to the entity by the agency,
and such fees shall be reimbursed to this account, to remain available until expended, without further appropriation, for providing
such assistance, goods, or services.

Fees.
Reimbursement.

BUILDINGS AND FACILITIES

For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration, and
purchase of fixed equipment or facilities, as authorized by 7 U.S.C.
2250, and acquisition of land as authorized by 7 U.S.C. 2268a,
$3,175,000, to remain available until expended.
AGRICULTURAL MARKETING SERVICE
MARKETING SERVICES

For necessary expenses of the Agricultural Marketing Service,
$188,358,000, of which $6,000,000 shall be available for the purposes of section 12306 of Public Law 113–79: Provided, That this
appropriation shall be available pursuant to law (7 U.S.C. 2250)
for the alteration and repair of buildings and improvements, but
the cost of altering any one building during the fiscal year shall
not exceed 10 percent of the current replacement value of the
building.
Fees may be collected for the cost of standardization activities,
as established by regulation pursuant to law (31 U.S.C. 9701),
except for the cost of activities relating to the development or
maintenance of grain standards under the United States Grain
Standards Act, 7 U.S.C. 71 et seq.

Fees.

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LIMITATION ON ADMINISTRATIVE EXPENSES

Not to exceed $61,227,000 (from fees collected) shall be obligated during the current fiscal year for administrative expenses:
Provided, That if crop size is understated and/or other uncontrollable events occur, the agency may exceed this limitation by up
to 10 percent with notification to the Committees on Appropriations
of both Houses of Congress.

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Notification.

PUBL260A

134 STAT. 1194

PUBLIC LAW 116–260—DEC. 27, 2020
FUNDS FOR STRENGTHENING MARKETS, INCOME, AND SUPPLY
(SECTION 32)
(INCLUDING TRANSFERS OF FUNDS)

Funds available under section 32 of the Act of August 24,
1935 (7 U.S.C. 612c), shall be used only for commodity program
expenses as authorized therein, and other related operating
expenses, except for: (1) transfers to the Department of Commerce
as authorized by the Fish and Wildlife Act of 1956 (16 U.S.C.
742a et seq.); (2) transfers otherwise provided in this Act; and
(3) not more than $20,705,000 for formulation and administration
of marketing agreements and orders pursuant to the Agricultural
Marketing Agreement Act of 1937 and the Agricultural Act of
1961 (Public Law 87–128).
PAYMENTS TO STATES AND POSSESSIONS

For payments to departments of agriculture, bureaus and
departments of markets, and similar agencies for marketing activities under section 204(b) of the Agricultural Marketing Act of 1946
(7 U.S.C. 1623(b)), $1,235,000.
LIMITATION ON INSPECTION AND WEIGHING SERVICES EXPENSES

Notification.

Not to exceed $55,000,000 (from fees collected) shall be obligated during the current fiscal year for inspection and weighing
services: Provided, That if grain export activities require additional
supervision and oversight, or other uncontrollable factors occur,
this limitation may be exceeded by up to 10 percent with notification
to the Committees on Appropriations of both Houses of Congress.
OFFICE

OF THE

UNDER SECRETARY

FOR

FOOD SAFETY

For necessary expenses of the Office of the Under Secretary
for Food Safety, $809,000: Provided, That funds made available
by this Act to an agency in the Food Safety mission area for
salaries and expenses are available to fund up to one administrative
support staff for the Office.
FOOD SAFETY

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Employment
positions.

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AND INSPECTION

SERVICE

For necessary expenses to carry out services authorized by
the Federal Meat Inspection Act, the Poultry Products Inspection
Act, and the Egg Products Inspection Act, including not to exceed
$10,000 for representation allowances and for expenses pursuant
to section 8 of the Act approved August 3, 1956 (7 U.S.C. 1766),
$1,075,703,000; and in addition, $1,000,000 may be credited to
this account from fees collected for the cost of laboratory accreditation as authorized by section 1327 of the Food, Agriculture, Conservation and Trade Act of 1990 (7 U.S.C. 138f): Provided, That
funds provided for the Public Health Data Communication Infrastructure system shall remain available until expended: Provided
further, That no fewer than 148 full-time equivalent positions shall
be employed during fiscal year 2021 for purposes dedicated solely
to inspections and enforcement related to the Humane Methods
of Slaughter Act (7 U.S.C. 1901 et seq.): Provided further, That

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1195

the Food Safety and Inspection Service shall continue implementation of section 11016 of Public Law 110–246 as further clarified
by the amendments made in section 12106 of Public Law 113–
79: Provided further, That this appropriation shall be available
pursuant to law (7 U.S.C. 2250) for the alteration and repair of
buildings and improvements, but the cost of altering any one
building during the fiscal year shall not exceed 10 percent of the
current replacement value of the building.
TITLE II
FARM PRODUCTION AND CONSERVATION PROGRAMS
OFFICE

OF THE

UNDER SECRETARY FOR FARM PRODUCTION
CONSERVATION

AND

For necessary expenses of the Office of the Under Secretary
for Farm Production and Conservation, $916,000: Provided, That
funds made available by this Act to an agency in the Farm Production and Conservation mission area for salaries and expenses are
available to fund up to one administrative support staff for the
Office.
FARM PRODUCTION

AND

CONSERVATION BUSINESS CENTER

SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of the Farm Production and Conservation Business Center, $231,302,000: Provided, That $60,228,000
of amounts appropriated for the current fiscal year pursuant to
section 1241(a) of the Farm Security and Rural Investment Act
of 1985 (16 U.S.C. 3841(a)) shall be transferred to and merged
with this account.
FARM SERVICE AGENCY
SALARIES AND EXPENSES

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(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of the Farm Service Agency,
$1,142,924,000, of which not less than $15,000,000 shall be for
the hiring of new employees to fill vacancies and anticipated vacancies at Farm Service Agency county offices and farm loan officers
and shall be available until September 30, 2022: Provided, That
not more than 50 percent of the funding made available under
this heading for information technology related to farm program
delivery may be obligated until the Secretary submits to the
Committees on Appropriations of both Houses of Congress, and
receives written or electronic notification of receipt from such
Committees of, a plan for expenditure that (1) identifies for each
project/investment over $25,000 (a) the functional and performance
capabilities to be delivered and the mission benefits to be realized,
(b) the estimated lifecycle cost for the entirety of the project/investment, including estimates for development as well as maintenance
and operations, and (c) key milestones to be met; (2) demonstrates

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Notification.
Expenditure
plan.
Cost estimates.

PUBL260A

134 STAT. 1196

Reports.
Assessment.

Notification.
Approval.

PUBLIC LAW 116–260—DEC. 27, 2020

that each project/investment is, (a) consistent with the Farm Service
Agency Information Technology Roadmap, (b) being managed in
accordance with applicable lifecycle management policies and guidance, and (c) subject to the applicable Department’s capital planning
and investment control requirements; and (3) has been reviewed
by the Government Accountability Office and approved by the
Committees on Appropriations of both Houses of Congress: Provided
further, That the agency shall submit a report by the end of the
fourth quarter of fiscal year 2021 to the Committees on Appropriations and the Government Accountability Office, that identifies
for each project/investment that is operational (a) current performance against key indicators of customer satisfaction, (b) current
performance of service level agreements or other technical metrics,
(c) current performance against a pre-established cost baseline,
(d) a detailed breakdown of current and planned spending on operational enhancements or upgrades, and (e) an assessment of
whether the investment continues to meet business needs as
intended as well as alternatives to the investment: Provided further,
That the Secretary is authorized to use the services, facilities,
and authorities (but not the funds) of the Commodity Credit Corporation to make program payments for all programs administered
by the Agency: Provided further, That other funds made available
to the Agency for authorized activities may be advanced to and
merged with this account: Provided further, That funds made available to county committees shall remain available until expended:
Provided further, That none of the funds available to the Farm
Service Agency shall be used to close Farm Service Agency county
offices: Provided further, That none of the funds available to the
Farm Service Agency shall be used to permanently relocate county
based employees that would result in an office with two or fewer
employees without prior notification and approval of the Committees
on Appropriations of both Houses of Congress.
STATE MEDIATION GRANTS

For grants pursuant to section 502(b) of the Agricultural Credit
Act of 1987, as amended (7 U.S.C. 5101–5106), $6,914,000.
GRASSROOTS SOURCE WATER PROTECTION PROGRAM

For necessary expenses to carry out wellhead or groundwater
protection activities under section 1240O of the Food Security Act
of 1985 (16 U.S.C. 3839bb–2), $6,500,000, to remain available until
expended.
DAIRY INDEMNITY PROGRAM

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(INCLUDING TRANSFER OF FUNDS)

For necessary expenses involved in making indemnity payments
to dairy farmers and manufacturers of dairy products under a
dairy indemnity program, such sums as may be necessary, to remain
available until expended: Provided, That such program is carried
out by the Secretary in the same manner as the dairy indemnity
program described in the Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations
Act, 2001 (Public Law 106–387, 114 Stat. 1549A–12).

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1197

AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)

For gross obligations for the principal amount of direct and
guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating
(7 U.S.C. 1941 et seq.) loans, emergency loans (7 U.S.C. 1961
et seq.), Indian tribe land acquisition loans (25 U.S.C. 5136), boll
weevil loans (7 U.S.C. 1989), guaranteed conservation loans (7
U.S.C. 1924 et seq.), relending program (7 U.S.C. 1936c), and Indian
highly fractionated land loans (25 U.S.C. 5136) to be available
from funds in the Agricultural Credit Insurance Fund, as follows:
$3,300,000,000 for guaranteed farm ownership loans and
$2,500,000,000 for farm ownership direct loans; $2,118,482,000 for
unsubsidized guaranteed operating loans and $1,633,333,000 for
direct operating loans; emergency loans, $37,668,000; Indian tribe
land acquisition loans, $20,000,000; guaranteed conservation loans,
$150,000,000; relending program, $33,693,000; Indian highly
fractionated land loans, $5,000,000; and for boll weevil eradication
program loans, $60,000,000: Provided, That the Secretary shall
deem the pink bollworm to be a boll weevil for the purpose of
boll weevil eradication program loans.
For the cost of direct and guaranteed loans and grants,
including the cost of modifying loans as defined in section 502
of the Congressional Budget Act of 1974, as follows: $38,710,000
for direct farm operating loans, $23,727,000 for unsubsidized
guaranteed farm operating loans, $207,000 for emergency loans,
$5,000,000 for the relending program, and $742,000 for Indian
highly fractionated land loans, to remain available until expended.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $307,344,000: Provided, That of this amount, $294,114,000 shall be transferred to
and merged with the appropriation for ‘‘Farm Service Agency, Salaries and Expenses’’.
Funds appropriated by this Act to the Agricultural Credit Insurance Program Account for farm ownership, operating and conservation direct loans and guaranteed loans may be transferred among
these programs: Provided, That the Committees on Appropriations
of both Houses of Congress are notified at least 15 days in advance
of any transfer.

Pink bollworm.

Notification.
Time period.

RISK MANAGEMENT AGENCY

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SALARIES AND EXPENSES

For necessary expenses of the Risk Management Agency,
$60,131,000: Provided, That $1,000,000 of the amount appropriated
under this heading in this Act shall be available for compliance
and integrity activities required under section 516(b)(2)(C) of the
Federal Crop Insurance Act of 1938 (7 U.S.C. 1516(b)(2)(C)), and
shall be in addition to amounts otherwise provided for such purpose:
Provided further, That not to exceed $1,000 shall be available
for official reception and representation expenses, as authorized
by 7 U.S.C. 1506(i).

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PUBL260A

134 STAT. 1198

PUBLIC LAW 116–260—DEC. 27, 2020
NATURAL RESOURCES CONSERVATION SERVICE
CONSERVATION OPERATIONS

For necessary expenses for carrying out the provisions of the
Act of April 27, 1935 (16 U.S.C. 590a–f), including preparation
of conservation plans and establishment of measures to conserve
soil and water (including farm irrigation and land drainage and
such special measures for soil and water management as may
be necessary to prevent floods and the siltation of reservoirs and
to control agricultural related pollutants); operation of conservation
plant materials centers; classification and mapping of soil; dissemination of information; acquisition of lands, water, and interests
therein for use in the plant materials program by donation,
exchange, or purchase at a nominal cost not to exceed $100 pursuant
to the Act of August 3, 1956 (7 U.S.C. 2268a); purchase and erection
or alteration or improvement of permanent and temporary
buildings; and operation and maintenance of aircraft, $832,727,000,
to remain available until September 30, 2022: Provided, That appropriations hereunder shall be available pursuant to 7 U.S.C. 2250
for construction and improvement of buildings and public improvements at plant materials centers, except that the cost of alterations
and improvements to other buildings and other public improvements
shall not exceed $250,000: Provided further, That when buildings
or other structures are erected on non-Federal land, that the right
to use such land is obtained as provided in 7 U.S.C. 2250a: Provided
further, That of the amounts made available under this heading,
$3,000,000 shall remain available until expended for planning and
implementation assistance associated with land treatment measures
that address flood damage reduction, bank stabilization and erosion
control in the watersheds identified under section 13 of the Flood
Control Act of December 22, 1944 (Public Law 78–534).
WATERSHED AND FLOOD PREVENTION OPERATIONS

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Applicability.

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For necessary expenses to carry out preventive measures,
including but not limited to surveys and investigations, engineering
operations, works of improvement, and changes in use of land,
in accordance with the Watershed Protection and Flood Prevention
Act (16 U.S.C. 1001–1005 and 1007–1009) and in accordance with
the provisions of laws relating to the activities of the Department,
$175,000,000, to remain available until expended: Provided, That
for funds provided by this Act or any other prior Act, the limitation
regarding the size of the watershed or subwatershed exceeding
two hundred and fifty thousand acres in which such activities
can be undertaken shall only apply for activities undertaken for
the primary purpose of flood prevention (including structural and
land treatment measures): Provided further, That of the amounts
made available under this heading, $65,000,000 shall be allocated
to projects and activities that can commence promptly following
enactment; that address regional priorities for flood prevention,
agricultural water management, inefficient irrigation systems, fish
and wildlife habitat, or watershed protection; or that address
authorized ongoing projects under the authorities of section 13
of the Flood Control Act of December 22, 1944 (Public Law 78–
534) with a primary purpose of watershed protection by preventing
floodwater damage and stabilizing stream channels, tributaries,
and banks to reduce erosion and sediment transport: Provided

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1199

further, That of the amounts made available under this heading,
$10,000,000 shall remain available until expended for the authorities under 16 U.S.C. 1001–1005 and 1007–1009 for authorized
ongoing watershed projects with a primary purpose of providing
water to rural communities.
WATERSHED REHABILITATION PROGRAM

Under the authorities of section 14 of the Watershed Protection
and Flood Prevention Act, $10,000,000 is provided.
CORPORATIONS

Contracts.

The following corporations and agencies are hereby authorized
to make expenditures, within the limits of funds and borrowing
authority available to each such corporation or agency and in accord
with law, and to make contracts and commitments without regard
to fiscal year limitations as provided by section 104 of the Government Corporation Control Act as may be necessary in carrying
out the programs set forth in the budget for the current fiscal
year for such corporation or agency, except as hereinafter provided.
FEDERAL CROP INSURANCE CORPORATION FUND
For payments as authorized by section 516 of the Federal
Crop Insurance Act (7 U.S.C. 1516), such sums as may be necessary,
to remain available until expended.
COMMODITY CREDIT CORPORATION FUND
REIMBURSEMENT FOR NET REALIZED LOSSES
(INCLUDING TRANSFERS OF FUNDS)

For the current fiscal year, such sums as may be necessary
to reimburse the Commodity Credit Corporation for net realized
losses sustained, but not previously reimbursed, pursuant to section
2 of the Act of August 17, 1961 (15 U.S.C. 713a–11): Provided,
That of the funds available to the Commodity Credit Corporation
under section 11 of the Commodity Credit Corporation Charter
Act (15 U.S.C. 714i) for the conduct of its business with the Foreign
Agricultural Service, up to $5,000,000 may be transferred to and
used by the Foreign Agricultural Service for information resource
management activities of the Foreign Agricultural Service that
are not related to Commodity Credit Corporation business.
HAZARDOUS WASTE MANAGEMENT

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(LIMITATION ON EXPENSES)

For the current fiscal year, the Commodity Credit Corporation
shall not expend more than $15,000,000 for site investigation and
cleanup expenses, and operations and maintenance expenses to
comply with the requirement of section 107(g) of the Comprehensive
Environmental Response, Compensation, and Liability Act (42
U.S.C. 9607(g)), and section 6001 of the Solid Waste Disposal Act
(42 U.S.C. 6961).

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134 STAT. 1200

PUBLIC LAW 116–260—DEC. 27, 2020
TITLE III
RURAL DEVELOPMENT PROGRAMS
OFFICE

OF THE

UNDER SECRETARY

FOR

RURAL DEVELOPMENT

For necessary expenses of the Office of the Under Secretary
for Rural Development, $812,000: Provided, That funds made available by this Act to an agency in the Rural Development mission
area for salaries and expenses are available to fund up to one
administrative support staff for the Office.
RURAL DEVELOPMENT
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses for carrying out the administration
and implementation of Rural Development programs, including
activities with institutions concerning the development and operation of agricultural cooperatives; and for cooperative agreements;
$264,024,000: Provided, That notwithstanding any other provision
of law, funds appropriated under this heading may be used for
advertising and promotional activities that support Rural Development programs: Provided further, That in addition to any other
funds appropriated for purposes authorized by section 502(i) of
the Housing Act of 1949 (42 U.S.C. 1472(i)), any amounts collected
under such section, as amended by this Act, will immediately be
credited to this account and will remain available until expended
for such purposes.
RURAL HOUSING SERVICE
RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

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(INCLUDING TRANSFERS OF FUNDS)

Fees.

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For gross obligations for the principal amount of direct and
guaranteed loans as authorized by title V of the Housing Act of
1949, to be available from funds in the rural housing insurance
fund, as follows: $1,000,000,000 shall be for direct loans and
$24,000,000,000 shall be for unsubsidized guaranteed loans;
$28,000,000 for section 504 housing repair loans; $40,000,000 for
section 515 rental housing; $230,000,000 for section 538 guaranteed
multi-family housing loans; $10,000,000 for credit sales of single
family housing acquired property; $5,000,000 for section 523 selfhelp housing land development loans; and $5,000,000 for section
524 site development loans.
For the cost of direct and guaranteed loans, including the
cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, as follows: section 502 loans, $55,400,000
shall be for direct loans; section 504 housing repair loans,
$2,215,000; section 523 self-help housing land development loans,
$269,000; section 524 site development loans, $355,000; and repair,
rehabilitation, and new construction of section 515 rental housing,
$6,688,000: Provided, That to support the loan program level for
section 538 guaranteed loans made available under this heading

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1201

the Secretary may charge or adjust any fees to cover the projected
cost of such loan guarantees pursuant to the provisions of the
Credit Reform Act of 1990 (2 U.S.C. 661 et seq.), and the interest
on such loans may not be subsidized: Provided further, That
applicants in communities that have a current rural area waiver
under section 541 of the Housing Act of 1949 (42 U.S.C. 1490q)
shall be treated as living in a rural area for purposes of section
502 guaranteed loans provided under this heading: Provided further,
That of the amounts available under this paragraph for section
502 direct loans, no less than $5,000,000 shall be available for
direct loans for individuals whose homes will be built pursuant
to a program funded with a mutual and self-help housing grant
authorized by section 523 of the Housing Act of 1949 until June
1, 2021: Provided further, That the Secretary shall implement provisions to provide incentives to nonprofit organizations and public
housing authorities to facilitate the acquisition of Rural Housing
Service (RHS) multifamily housing properties by such nonprofit
organizations and public housing authorities that commit to keep
such properties in the RHS multifamily housing program for a
period of time as determined by the Secretary, with such incentives
to include, but not be limited to, the following: allow such nonprofit
entities and public housing authorities to earn a Return on Investment on their own resources to include proceeds from low income
housing tax credit syndication, own contributions, grants, and developer loans at favorable rates and terms, invested in a deal; and
allow reimbursement of organizational costs associated with owner’s
oversight of asset referred to as ‘‘Asset Management Fee’’ of up
to $7,500 per property.
In addition, for the cost of direct loans, grants, and contracts,
as authorized by sections 514 and 516 of the Housing Act of 1949
(42 U.S.C. 1484, 1486), $15,093,000, to remain available until
expended, for direct farm labor housing loans and domestic farm
labor housing grants and contracts: Provided, That any balances
available for the Farm Labor Program Account shall be transferred
to and merged with this account.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $412,254,000 shall
be transferred to and merged with the appropriation for ‘‘Rural
Development, Salaries and Expenses’’.

Incentives.
Determination.

Time periods.

RENTAL ASSISTANCE PROGRAM

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Deadline.

For rental assistance agreements entered into or renewed
pursuant to the authority under section 521(a)(2) of the Housing
Act of 1949 or agreements entered into in lieu of debt forgiveness
or payments for eligible households as authorized by section
502(c)(5)(D) of the Housing Act of 1949, $1,410,000,000, of which
$40,000,000 shall be available until September 30, 2022; and in
addition such sums as may be necessary, as authorized by section
521(c) of the Act, to liquidate debt incurred prior to fiscal year
1992 to carry out the rental assistance program under section
521(a)(2) of the Act: Provided, That rental assistance agreements
entered into or renewed during the current fiscal year shall be
funded for a one-year period: Provided further, That upon request
by an owner of a project financed by an existing loan under section
514 or 515 of the Act, the Secretary may renew the rental assistance
agreement for a period of 20 years or until the term of such

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Applicability.

Determination.

loan has expired, subject to annual appropriations: Provided further,
That any unexpended balances remaining at the end of such oneyear agreements may be transferred and used for purposes of any
debt reduction, maintenance, repair, or rehabilitation of any existing
projects; preservation; and rental assistance activities authorized
under title V of the Act: Provided further, That rental assistance
provided under agreements entered into prior to fiscal year 2021
for a farm labor multi-family housing project financed under section
514 or 516 of the Act may not be recaptured for use in another
project until such assistance has remained unused for a period
of 12 consecutive months, if such project has a waiting list of
tenants seeking such assistance or the project has rental assistance
eligible tenants who are not receiving such assistance: Provided
further, That such recaptured rental assistance shall, to the extent
practicable, be applied to another farm labor multi-family housing
project financed under section 514 or 516 of the Act: Provided
further, That except as provided in the fourth proviso under this
heading and notwithstanding any other provision of the Act, the
Secretary may recapture rental assistance provided under agreements entered into prior to fiscal year 2021 for a project that
the Secretary determines no longer needs rental assistance and
use such recaptured funds for current needs.
MULTI-FAMILY HOUSING REVITALIZATION PROGRAM ACCOUNT

Vouchers.
Loans.

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Determination.

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PUBLIC LAW 116–260—DEC. 27, 2020

For the rural housing voucher program as authorized under
section 542 of the Housing Act of 1949, but notwithstanding subsection (b) of such section, and for additional costs to conduct
a demonstration program for the preservation and revitalization
of multi-family rental housing properties described in this paragraph, $68,000,000, to remain available until expended: Provided,
That of the funds made available under this heading, $40,000,000,
shall be available for rural housing vouchers to any low-income
household (including those not receiving rental assistance) residing
in a property financed with a section 515 loan which has been
prepaid after September 30, 2005: Provided further, That the
amount of such voucher shall be the difference between comparable
market rent for the section 515 unit and the tenant paid rent
for such unit: Provided further, That funds made available for
such vouchers shall be subject to the availability of annual appropriations: Provided further, That the Secretary shall, to the maximum extent practicable, administer such vouchers with current
regulations and administrative guidance applicable to section 8
housing vouchers administered by the Secretary of the Department
of Housing and Urban Development: Provided further, That if the
Secretary determines that the amount made available for vouchers
in this or any other Act is not needed for vouchers, the Secretary
may use such funds for the demonstration program for the preservation and revitalization of multi-family rental housing properties
described in this paragraph: Provided further, That of the funds
made available under this heading, $28,000,000 shall be available
for a demonstration program for the preservation and revitalization
of the sections 514, 515, and 516 multi-family rental housing properties to restructure existing USDA multi-family housing loans,
as the Secretary deems appropriate, expressly for the purposes
of ensuring the project has sufficient resources to preserve the
project for the purpose of providing safe and affordable housing

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134 STAT. 1203

for low-income residents and farm laborers including reducing or
eliminating interest; deferring loan payments, subordinating,
reducing or reamortizing loan debt; and other financial assistance
including advances, payments and incentives (including the ability
of owners to obtain reasonable returns on investment) required
by the Secretary: Provided further, That the Secretary shall as
part of the preservation and revitalization agreement obtain a
restrictive use agreement consistent with the terms of the restructuring: Provided further, That if the Secretary determines that
additional funds for vouchers described in this paragraph are
needed, funds for the preservation and revitalization demonstration
program may be used for such vouchers: Provided further, That
if Congress enacts legislation to permanently authorize a multifamily rental housing loan restructuring program similar to the
demonstration program described herein, the Secretary may use
funds made available for the demonstration program under this
heading to carry out such legislation with the prior approval of
the Committees on Appropriations of both Houses of Congress:
Provided further, That in addition to any other available funds,
the Secretary may expend not more than $1,000,000 total, from
the program funds made available under this heading, for administrative expenses for activities funded under this heading.

Contracts.

Determination.

Advance
approval.

MUTUAL AND SELF-HELP HOUSING GRANTS

For grants and contracts pursuant to section 523(b)(1)(A) of
the Housing Act of 1949 (42 U.S.C. 1490c), $31,000,000, to remain
available until expended.
RURAL HOUSING ASSISTANCE GRANTS

For grants for very low-income housing repair and rural housing
preservation made by the Rural Housing Service, as authorized
by 42 U.S.C. 1474, and 1490m, $45,000,000, to remain available
until expended.
RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT

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(INCLUDING TRANSFERS OF FUNDS)

For gross obligations for the principal amount of direct and
guaranteed loans as authorized by section 306 and described in
section 381E(d)(1) of the Consolidated Farm and Rural Development
Act, $2,800,000,000 for direct loans and $500,000,000 for guaranteed
loans.
For the cost of direct loans, loan guarantees and grants,
including the cost of modifying loans, as defined in section 502
of the Congressional Budget Act of 1974, for rural community
facilities programs as authorized by section 306 and described in
section 381E(d)(1) of the Consolidated Farm and Rural Development
Act, $74,000,000, to remain available until expended: Provided,
That $6,000,000 of the amount appropriated under this heading
shall be available for a Rural Community Development Initiative:
Provided further, That such funds shall be used solely to develop
the capacity and ability of private, nonprofit community-based
housing and community development organizations, low-income
rural communities, and Federally Recognized Native American

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Loans.

Loans.

PUBLIC LAW 116–260—DEC. 27, 2020

Tribes to undertake projects to improve housing, community facilities, community and economic development projects in rural areas:
Provided further, That such funds shall be made available to qualified private, nonprofit and public intermediary organizations proposing to carry out a program of financial and technical assistance:
Provided further, That such intermediary organizations shall provide matching funds from other sources, including Federal funds
for related activities, in an amount not less than funds provided:
Provided further, That $6,000,000 of the amount appropriated under
this heading shall be to provide grants for facilities in rural communities with extreme unemployment and severe economic depression
(Public Law 106–387), with up to 5 percent for administration
and capacity building in the State rural development offices: Provided further, That of the amount appropriated under this heading,
$25,000,000 shall be available to cover the subsidy costs for loans
or loan guarantees under this heading: Provided further, That if
any such funds remain unobligated for the subsidy costs after
June 30, 2021, the unobligated balance may be transferred to the
grant programs funded under this heading: Provided further, That
any unobligated balances from prior year appropriations under
this heading for the cost of direct loans, loan guarantees and grants,
including amounts deobligated or cancelled, may be made available
to cover the subsidy costs for direct loans and or loan guarantees
under this heading in this fiscal year: Provided further, That no
amounts may be made available pursuant to the preceding proviso
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: Provided further, That $5,000,000 of the amount appropriated under this heading shall be available for community facilities grants to tribal colleges, as authorized by section 306(a)(19)
of such Act: Provided further, That sections 381E–H and 381N
of the Consolidated Farm and Rural Development Act are not
applicable to the funds made available under this heading.
RURAL BUSINESS—COOPERATIVE SERVICE
RURAL BUSINESS PROGRAM ACCOUNT

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(INCLUDING TRANSFERS OF FUNDS)

For the cost of loan guarantees and grants, for the rural business development programs authorized by section 310B and
described in subsections (a), (c), (f) and (g) of section 310B of
the Consolidated Farm and Rural Development Act, $56,400,000,
to remain available until expended: Provided, That of the amount
appropriated under this heading, not to exceed $500,000 shall be
made available for one grant to a qualified national organization
to provide technical assistance for rural transportation in order
to promote economic development and $9,000,000 shall be for grants
to the Delta Regional Authority (7 U.S.C. 2009aa et seq.), the
Northern Border Regional Commission (40 U.S.C. 15101 et seq.),
and the Appalachian Regional Commission (40 U.S.C. 14101 et
seq.) for any Rural Community Advancement Program purpose
as described in section 381E(d) of the Consolidated Farm and Rural
Development Act, of which not more than 5 percent may be used
for administrative expenses: Provided further, That $4,000,000 of

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134 STAT. 1205

the amount appropriated under this heading shall be for business
grants to benefit Federally Recognized Native American Tribes,
including $250,000 for a grant to a qualified national organization
to provide technical assistance for rural transportation in order
to promote economic development: Provided further, That of the
amount appropriated under this heading, not to exceed $2,000,000
shall be for Rural Business Development Grants in rural coastal
communities, with priority given to National Scenic Areas that
were devastated by wildfires that are in need of economic development assistance, to support innovation and job growth: Provided
further, That sections 381E–H and 381N of the Consolidated Farm
and Rural Development Act are not applicable to funds made available under this heading.
INTERMEDIARY RELENDING PROGRAM FUND ACCOUNT
(INCLUDING TRANSFER OF FUNDS)

For the principal amount of direct loans, as authorized by
the Intermediary Relending Program Fund Account (7 U.S.C.
1936b), $18,889,000.
For the cost of direct loans, $2,939,000, as authorized by the
Intermediary Relending Program Fund Account (7 U.S.C. 1936b),
of which $557,000 shall be available through June 30, 2021, for
Federally Recognized Native American Tribes; and of which
$1,072,000 shall be available through June 30, 2021, for Mississippi
Delta Region counties (as determined in accordance with Public
Law 100–460): Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974.
In addition, for administrative expenses to carry out the direct
loan programs, $4,468,000 shall be transferred to and merged with
the appropriation for ‘‘Rural Development, Salaries and Expenses’’.
RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM ACCOUNT

For the principal amount of direct loans, as authorized under
section 313B(a) of the Rural Electrification Act, for the purpose
of promoting rural economic development and job creation projects,
$50,000,000.
The cost of grants authorized under section 313B(a) of the
Rural Electrification Act, for the purpose of promoting rural economic development and job creation projects shall not exceed
$10,000,000.

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RURAL COOPERATIVE DEVELOPMENT GRANTS

For rural cooperative development grants authorized under
section 310B(e) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1932), $26,600,000, of which $2,800,000 shall be
for cooperative agreements for the appropriate technology transfer
for rural areas program: Provided, That not to exceed $3,000,000
shall be for grants for cooperative development centers, individual
cooperatives, or groups of cooperatives that serve socially disadvantaged groups and a majority of the boards of directors or governing
boards of which are comprised of individuals who are members
of socially disadvantaged groups; and of which $15,000,000, to

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PUBLIC LAW 116–260—DEC. 27, 2020

remain available until expended, shall be for value-added agricultural product market development grants, as authorized by section
210A of the Agricultural Marketing Act of 1946, of which
$3,000,000, to remain available until expended, shall be for Agriculture Innovation Centers authorized pursuant to section 6402
of Public Law 107–171.
RURAL MICROENTREPRENEUR ASSISTANCE PROGRAM

For the cost of loans and grants, $6,000,000 under the same
terms and conditions as authorized by section 379E of the Consolidated Farm and Rural Development Act (7 U.S.C. 2008s): Provided,
That such costs of loans, including the cost of modifying such
loans, shall be defined in section 502 of the Congressional Budget
Act of 1974.
RURAL ENERGY FOR AMERICA PROGRAM

For the cost of a program of loan guarantees, under the same
terms and conditions as authorized by section 9007 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 8107),
$392,000: Provided, That the cost of loan guarantees, including
the cost of modifying such loans, shall be as defined in section
502 of the Congressional Budget Act of 1974.
RURAL UTILITIES SERVICE
RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)

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Loans.

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For gross obligations for the principal amount of direct and
guaranteed loans as authorized by section 306 and described in
section 381E(d)(2) of the Consolidated Farm and Rural Development
Act, as follows: $1,400,000,000 for direct loans; and $50,000,000
for guaranteed loans.
For the cost of loan guarantees and grants, including the cost
of modifying loans, as defined in section 502 of the Congressional
Budget Act of 1974, for rural water, waste water, waste disposal,
and solid waste management programs authorized by sections 306,
306A, 306C, 306D, 306E, and 310B and described in sections
306C(a)(2), 306D, 306E, and 381E(d)(2) of the Consolidated Farm
and Rural Development Act, $621,567,000, to remain available until
expended, of which not to exceed $1,000,000 shall be available
for the rural utilities program described in section 306(a)(2)(B)
of such Act, and of which not to exceed $5,000,000 shall be available
for the rural utilities program described in section 306E of such
Act: Provided, That not to exceed $15,000,000 of the amount appropriated under this heading shall be for grants authorized by section
306A(i)(2) of the Consolidated Farm and Rural Development Act
in addition to funding authorized by section 306A(i)(1) of such
Act: Provided further, That $68,000,000 of the amount appropriated
under this heading shall be for loans and grants including water
and waste disposal systems grants authorized by section
306C(a)(2)(B) and section 306D of the Consolidated Farm and Rural
Development Act, and Federally Recognized Native American Tribes
authorized by 306C(a)(1) of such Act: Provided further, That funding
provided for section 306D of the Consolidated Farm and Rural

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134 STAT. 1207

Development Act may be provided to a consortium formed pursuant
to section 325 of Public Law 105–83: Provided further, That not
more than 2 percent of the funding provided for section 306D
of the Consolidated Farm and Rural Development Act may be
used by the State of Alaska for training and technical assistance
programs and not more than 2 percent of the funding provided
for section 306D of the Consolidated Farm and Rural Development
Act may be used by a consortium formed pursuant to section 325
of Public Law 105–83 for training and technical assistance programs: Provided further, That not to exceed $35,000,000 of the
amount appropriated under this heading shall be for technical
assistance grants for rural water and waste systems pursuant to
section 306(a)(14) of such Act, unless the Secretary makes a determination of extreme need, of which $8,000,000 shall be made available for a grant to a qualified nonprofit multi-State regional technical assistance organization, with experience in working with small
communities on water and waste water problems, the principal
purpose of such grant shall be to assist rural communities with
populations of 3,300 or less, in improving the planning, financing,
development, operation, and management of water and waste water
systems, and of which not less than $800,000 shall be for a qualified
national Native American organization to provide technical assistance for rural water systems for tribal communities: Provided further, That not to exceed $20,157,000 of the amount appropriated
under this heading shall be for contracting with qualified national
organizations for a circuit rider program to provide technical assistance for rural water systems: Provided further, That not to exceed
$4,000,000 of the amounts made available under this heading shall
be for solid waste management grants: Provided further, That
$10,000,000 of the amount appropriated under this heading shall
be transferred to, and merged with, the Rural Utilities Service,
High Energy Cost Grants Account to provide grants authorized
under section 19 of the Rural Electrification Act of 1936 (7 U.S.C.
918a): Provided further, That any prior year balances for highenergy cost grants authorized by section 19 of the Rural Electrification Act of 1936 (7 U.S.C. 918a) shall be transferred to and merged
with the Rural Utilities Service, High Energy Cost Grants Account:
Provided further, That sections 381E–H and 381N of the Consolidated Farm and Rural Development Act are not applicable to the
funds made available under this heading.

Alaska.

Determination.

Contracts.

RURAL ELECTRIFICATION AND TELECOMMUNICATIONS LOANS PROGRAM
ACCOUNT

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(INCLUDING TRANSFER OF FUNDS)

The principal amount of direct and guaranteed loans as authorized by sections 305, 306, and 317 of the Rural Electrification
Act of 1936 (7 U.S.C. 935, 936, and 940g) shall be made as follows:
loans made pursuant to sections 305, 306, and 317, notwithstanding
317(c), of that Act, rural electric, $5,500,000,000; guaranteed underwriting loans pursuant to section 313A of that Act, $750,000,000;
5 percent rural telecommunications loans, cost of money rural telecommunications loans, and for loans made pursuant to section
306 of that Act, rural telecommunications loans, $690,000,000: Provided, That up to $2,000,000,000 shall be used for the construction,
acquisition, design and engineering or improvement of fossil-fueled

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PUBLIC LAW 116–260—DEC. 27, 2020

electric generating plants (whether new or existing) that utilize
carbon subsurface utilization and storage systems.
For the cost of direct loans as authorized by section 305 of
the Rural Electrification Act of 1936 (7 U.S.C. 935), including the
cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, cost of money rural telecommunications
loans, $2,277,000.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $33,270,000, which
shall be transferred to and merged with the appropriation for
‘‘Rural Development, Salaries and Expenses’’.
DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM

Loans.

For the principal amount of broadband telecommunication
loans, $11,869,000.
For grants for telemedicine and distance learning services in
rural areas, as authorized by 7 U.S.C. 950aaa et seq., $60,000,000,
to remain available until expended: Provided, That $3,000,000 shall
be made available for grants authorized by section 379G of the
Consolidated Farm and Rural Development Act: Provided further,
That funding provided under this heading for grants under section
379G of the Consolidated Farm and Rural Development Act may
only be provided to entities that meet all of the eligibility criteria
for a consortium as established by this section.
For the cost of broadband loans, as authorized by section 601
of the Rural Electrification Act, $2,000,000, to remain available
until expended: Provided, That the cost of direct loans shall be
as defined in section 502 of the Congressional Budget Act of 1974.
In addition, $35,000,000, to remain available until expended,
for the Community Connect Grant Program authorized by 7 U.S.C.
950bb–3.
TITLE IV
DOMESTIC FOOD PROGRAMS
OFFICE

OF THE

UNDER SECRETARY FOR FOOD, NUTRITION,
CONSUMER SERVICES

AND

For necessary expenses of the Office of the Under Secretary
for Food, Nutrition, and Consumer Services, $809,000: Provided,
That funds made available by this Act to an agency in the Food,
Nutrition and Consumer Services mission area for salaries and
expenses are available to fund up to one administrative support
staff for the Office.
FOOD

AND

NUTRITION SERVICE

CHILD NUTRITION PROGRAMS

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(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses to carry out the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.), except section
21, and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.),
except sections 17 and 21; $25,118,440,000 to remain available
through September 30, 2022, of which such sums as are made

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134 STAT. 1209

available under section 14222(b)(1) of the Food, Conservation, and
Energy Act of 2008 (Public Law 110–246), as amended by this
Act, shall be merged with and available for the same time period
and purposes as provided herein: Provided, That of the total amount
available, $18,004,000 shall be available to carry out section 19
of the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.): Provided
further, That of the total amount available, $15,299,000 shall be
available to carry out studies and evaluations and shall remain
available until expended: Provided further, That of the total amount
available, $30,000,000 shall be available to provide competitive
grants to State agencies for subgrants to local educational agencies
and schools to purchase the equipment, with a value of greater
than $1,000, needed to serve healthier meals, improve food safety,
and to help support the establishment, maintenance, or expansion
of the school breakfast program: Provided further, That of the
total amount available, $42,000,000 shall remain available until
expended to carry out section 749(g) of the Agriculture Appropriations Act of 2010 (Public Law 111–80): Provided further, That
section 26(d) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1769g(d)) is amended in the first sentence by striking
‘‘2010 through 2021’’ and inserting ‘‘2010 through 2022’’: Provided
further, That section 9(h)(3) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1758(h)(3)) is amended in the first
sentence by striking ‘‘For fiscal year 2020’’ and inserting ‘‘For fiscal
year 2021’’: Provided further, That section 9(h)(4) of the Richard
B. Russell National School Lunch Act (42 U.S.C. 1758(h)(4)) is
amended in the first sentence by striking ‘‘For fiscal year 2020’’
and inserting ‘‘For fiscal year 2021’’.

Studies.
Evaluations.

SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS,
AND CHILDREN (WIC)

For necessary expenses to carry out the special supplemental
nutrition program as authorized by section 17 of the Child Nutrition
Act of 1966 (42 U.S.C. 1786), $6,000,000,000, to remain available
through September 30, 2022: Provided, That notwithstanding section 17(h)(10) of the Child Nutrition Act of 1966 (42 U.S.C.
1786(h)(10)), not less than $90,000,000 shall be used for
breastfeeding peer counselors and other related activities, and
$14,000,000 shall be used for infrastructure: Provided further, That
none of the funds provided in this account shall be available for
the purchase of infant formula except in accordance with the cost
containment and competitive bidding requirements specified in section 17 of such Act: Provided further, That none of the funds
provided shall be available for activities that are not fully
reimbursed by other Federal Government departments or agencies
unless authorized by section 17 of such Act: Provided further, That
upon termination of a federally mandated vendor moratorium and
subject to terms and conditions established by the Secretary, the
Secretary may waive the requirement at 7 CFR 246.12(g)(6) at
the request of a State agency.

Breastfeeding.

Waiver authority.

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SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM

For necessary expenses to carry out the Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et seq.), $114,035,578,000, of which
$3,000,000,000, to remain available through September 30, 2023,
shall be placed in reserve for use only in such amounts and at

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Workfare.

Contracts.
Studies.
Evaluations.

PUBLIC LAW 116–260—DEC. 27, 2020

such times as may become necessary to carry out program operations: Provided, That funds provided herein shall be expended
in accordance with section 16 of the Food and Nutrition Act of
2008: Provided further, That of the funds made available under
this heading, $998,000 may be used to provide nutrition education
services to State agencies and Federally Recognized Tribes participating in the Food Distribution Program on Indian Reservations:
Provided further, That this appropriation shall be subject to any
work registration or workfare requirements as may be required
by law: Provided further, That funds made available for Employment and Training under this heading shall remain available
through September 30, 2022: Provided further, That funds made
available under this heading for section 28(d)(1), section 4(b), and
section 27(a) of the Food and Nutrition Act of 2008 shall remain
available through September 30, 2022: Provided further, That with
respect to funds made available under this heading for section
28(d)(1), the Secretary shall use 2 percent for administration,
training and technical assistance, and pilot projects under section
28: Provided further, That none of the funds made available under
this heading may be obligated or expended in contravention of
section 213A of the Immigration and Nationality Act (8 U.S.C.
1183A): Provided further, That funds made available under this
heading may be used to enter into contracts and employ staff
to conduct studies, evaluations, or to conduct activities related
to program integrity provided that such activities are authorized
by the Food and Nutrition Act of 2008.
COMMODITY ASSISTANCE PROGRAM

For necessary expenses to carry out disaster assistance and
the Commodity Supplemental Food Program as authorized by section 4(a) of the Agriculture and Consumer Protection Act of 1973
(7 U.S.C. 612c note); the Emergency Food Assistance Act of 1983;
special assistance for the nuclear affected islands, as authorized
by section 103(f)(2) of the Compact of Free Association Amendments
Act of 2003 (Public Law 108–188); and the Farmers’ Market Nutrition Program, as authorized by section 17(m) of the Child Nutrition
Act of 1966, $426,700,000, to remain available through September
30, 2022: Provided, That none of these funds shall be available
to reimburse the Commodity Credit Corporation for commodities
donated to the program: Provided further, That notwithstanding
any other provision of law, effective with funds made available
in fiscal year 2021 to support the Seniors Farmers’ Market Nutrition
Program, as authorized by section 4402 of the Farm Security and
Rural Investment Act of 2002, such funds shall remain available
through September 30, 2022: Provided further, That of the funds
made available under section 27(a) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2036(a)), the Secretary may use up to 20 percent
for costs associated with the distribution of commodities.

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NUTRITION PROGRAMS ADMINISTRATION

For necessary administrative expenses of the Food and Nutrition Service for carrying out any domestic nutrition assistance
program, $156,805,000: Provided, That of the funds provided herein,
$2,000,000 shall be used for the purposes of section 4404 of Public
Law 107–171, as amended by section 4401 of Public Law 110–
246.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1211

TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
OFFICE

OF THE

UNDER SECRETARY FOR TRADE
AGRICULTURAL AFFAIRS

AND

FOREIGN

For necessary expenses of the Office of the Under Secretary
for Trade and Foreign Agricultural Affairs, $887,000: Provided,
That funds made available by this Act to any agency in the Trade
and Foreign Agricultural Affairs mission area for salaries and
expenses are available to fund up to one administrative support
staff for the Office.
OFFICE OF CODEX ALIMENTARIUS

For necessary expenses of the Office of Codex Alimentarius,
$4,805,000, including not to exceed $40,000 for official reception
and representation expenses.
FOREIGN AGRICULTURAL SERVICE
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of the Foreign Agricultural Service,
including not to exceed $250,000 for representation allowances and
for expenses pursuant to section 8 of the Act approved August
3, 1956 (7 U.S.C. 1766), $221,835,000, of which no more than
6 percent shall remain available until September 30, 2022, for
overseas operations to include the payment of locally employed
staff: Provided, That the Service may utilize advances of funds,
or reimburse this appropriation for expenditures made on behalf
of Federal agencies, public and private organizations and institutions under agreements executed pursuant to the agricultural food
production assistance programs (7 U.S.C. 1737) and the foreign
assistance programs of the United States Agency for International
Development: Provided further, That funds made available for
middle-income country training programs, funds made available
for the Borlaug International Agricultural Science and Technology
Fellowship program, and up to $2,000,000 of the Foreign Agricultural Service appropriation solely for the purpose of offsetting fluctuations in international currency exchange rates, subject to documentation by the Foreign Agricultural Service, shall remain available until expended.
FOOD FOR PEACE TITLE I DIRECT CREDIT AND FOOD FOR PROGRESS
PROGRAM ACCOUNT

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(INCLUDING TRANSFER OF FUNDS)

For administrative expenses to carry out the credit program
of title I, Food for Peace Act (Public Law 83–480) and the Food
for Progress Act of 1985, $112,000, shall be transferred to and
merged with the appropriation for ‘‘Farm Production and Conservation Business Center, Salaries and Expenses’’.

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134 STAT. 1212

PUBLIC LAW 116–260—DEC. 27, 2020
FOOD FOR PEACE TITLE II GRANTS

For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years’ costs, including interest
thereon, under the Food for Peace Act (Public Law 83–480), for
commodities supplied in connection with dispositions abroad under
title II of said Act, $1,740,000,000, to remain available until
expended.
MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD
NUTRITION PROGRAM GRANTS

Reimbursement.

For necessary expenses to carry out the provisions of section
3107 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 1736o–1), $230,000,000, to remain available until
expended: Provided, That the Commodity Credit Corporation is
authorized to provide the services, facilities, and authorities for
the purpose of implementing such section, subject to reimbursement
from amounts provided herein: Provided further, That of the amount
made available under this heading, not more than 10 percent,
but not less than $23,000,000, shall remain available until expended
to purchase agricultural commodities as described in subsection
3107(a)(2) of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 1736o–1(a)(2)).
COMMODITY CREDIT CORPORATION EXPORT (LOANS) CREDIT
GUARANTEE PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)

For administrative expenses to carry out the Commodity Credit
Corporation’s Export Guarantee Program, GSM 102 and GSM 103,
$6,381,000, to cover common overhead expenses as permitted by
section 11 of the Commodity Credit Corporation Charter Act and
in conformity with the Federal Credit Reform Act of 1990, of which
$6,063,000 shall be transferred to and merged with the appropriation for ‘‘Foreign Agricultural Service, Salaries and Expenses’’, and
of which $318,000 shall be transferred to and merged with the
appropriation for ‘‘Farm Production and Conservation Business
Center, Salaries and Expenses’’.
TITLE VI
RELATED AGENCY AND FOOD AND DRUG ADMINISTRATION
DEPARTMENT

OF

HEALTH

AND

HUMAN SERVICES

FOOD AND DRUG ADMINISTRATION
SALARIES AND EXPENSES

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(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for payment of space rental and related costs pursuant to Public Law
92–313 for programs and activities of the Food and Drug Administration which are included in this Act; for rental of special purpose

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1213

space in the District of Columbia or elsewhere; in addition to
amounts appropriated to the FDA Innovation Account, for carrying
out the activities described in section 1002(b)(4) of the 21st Century
Cures Act (Public Law 114–255); for miscellaneous and emergency
expenses of enforcement activities, authorized and approved by
the Secretary and to be accounted for solely on the Secretary’s
certificate, not to exceed $25,000; and notwithstanding section 521
of Public Law 107–188; $5,876,025,000: Provided, That of the
amount provided under this heading, $1,107,199,000 shall be
derived from prescription drug user fees authorized by 21 U.S.C.
379h, and shall be credited to this account and remain available
until expended; $236,059,000 shall be derived from medical device
user fees authorized by 21 U.S.C. 379j, and shall be credited to
this account and remain available until expended; $520,208,000
shall be derived from human generic drug user fees authorized
by 21 U.S.C. 379j–42, and shall be credited to this account and
remain available until expended; $42,494,000 shall be derived from
biosimilar biological product user fees authorized by 21 U.S.C.
379j–52, and shall be credited to this account and remain available
until expended; $33,340,000 shall be derived from animal drug
user fees authorized by 21 U.S.C. 379j–12, and shall be credited
to this account and remain available until expended; $22,797,000
shall be derived from generic new animal drug user fees authorized
by 21 U.S.C. 379j–21, and shall be credited to this account and
remain available until expended; $712,000,000 shall be derived
from tobacco product user fees authorized by 21 U.S.C. 387s, and
shall be credited to this account and remain available until
expended: Provided further, That in addition to and notwithstanding
any other provision under this heading, amounts collected for
prescription drug user fees, medical device user fees, human generic
drug user fees, biosimilar biological product user fees, animal drug
user fees, and generic new animal drug user fees that exceed
the respective fiscal year 2021 limitations are appropriated and
shall be credited to this account and remain available until
expended: Provided further, That fees derived from prescription
drug, medical device, human generic drug, biosimilar biological
product, animal drug, and generic new animal drug assessments
for fiscal year 2021, including any such fees collected prior to
fiscal year 2021 but credited for fiscal year 2021, shall be subject
to the fiscal year 2021 limitations: Provided further, That the Secretary may accept payment during fiscal year 2021 of user fees
specified under this heading and authorized for fiscal year 2022,
prior to the due date for such fees, and that amounts of such
fees assessed for fiscal year 2022 for which the Secretary accepts
payment in fiscal year 2021 shall not be included in amounts
under this heading: Provided further, That none of these funds
shall be used to develop, establish, or operate any program of
user fees authorized by 31 U.S.C. 9701: Provided further, That
of the total amount appropriated: (1) $1,099,160,000 shall be for
the Center for Food Safety and Applied Nutrition and related field
activities in the Office of Regulatory Affairs, of which no less than
$15,000,000 shall be used for inspections of foreign seafood manufacturers and field examinations of imported seafood; (2)
$1,996,126,000 shall be for the Center for Drug Evaluation and
Research and related field activities in the Office of Regulatory
Affairs; (3) $437,071,000 shall be for the Center for Biologics Evaluation and Research and for related field activities in the Office

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134 STAT. 1214

Advance
approval.

PUBLIC LAW 116–260—DEC. 27, 2020

of Regulatory Affairs; (4) $244,350,000 shall be for the Center
for Veterinary Medicine and for related field activities in the Office
of Regulatory Affairs; (5) $609,121,000 shall be for the Center
for Devices and Radiological Health and for related field activities
in the Office of Regulatory Affairs; (6) $66,712,000 shall be for
the National Center for Toxicological Research; (7) $681,513,000
shall be for the Center for Tobacco Products and for related field
activities in the Office of Regulatory Affairs; (8) $188,707,000 shall
be for Rent and Related activities, of which $52,944,000 is for
White Oak Consolidation, other than the amounts paid to the
General Services Administration for rent; (9) $235,112,000 shall
be for payments to the General Services Administration for rent;
and (10) $318,153,000 shall be for other activities, including the
Office of the Commissioner of Food and Drugs, the Office of Food
Policy and Response, the Office of Operations, the Office of the
Chief Scientist, and central services for these offices: Provided further, That not to exceed $25,000 of this amount shall be for official
reception and representation expenses, not otherwise provided for,
as determined by the Commissioner: Provided further, That any
transfer of funds pursuant to section 770(n) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 379dd(n)) shall only be from
amounts made available under this heading for other activities:
Provided further, That of the amounts that are made available
under this heading for ‘‘other activities’’, and that are not derived
from user fees, $1,500,000 shall be transferred to and merged
with the appropriation for ‘‘Department of Health and Human
Services—Office of Inspector General’’ for oversight of the programs
and operations of the Food and Drug Administration and shall
be in addition to funds otherwise made available for oversight
of the Food and Drug Administration: Provided further, That funds
may be transferred from one specified activity to another with
the prior approval of the Committees on Appropriations of both
Houses of Congress.
In addition, mammography user fees authorized by 42 U.S.C.
263b, export certification user fees authorized by 21 U.S.C. 381,
priority review user fees authorized by 21 U.S.C. 360n and 360ff,
food and feed recall fees, food reinspection fees, and voluntary
qualified importer program fees authorized by 21 U.S.C. 379j–
31, outsourcing facility fees authorized by 21 U.S.C. 379j–62,
prescription drug wholesale distributor licensing and inspection
fees authorized by 21 U.S.C. 353(e)(3), third-party logistics provider
licensing and inspection fees authorized by 21 U.S.C. 360eee–3(c)(1),
third-party auditor fees authorized by 21 U.S.C. 384d(c)(8), medical
countermeasure priority review voucher user fees authorized by
21 U.S.C. 360bbb–4a, and fees relating to over-the-counter monograph drugs authorized by 21 U.S.C. 379j–72 shall be credited
to this account, to remain available until expended.

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BUILDINGS AND FACILITIES

For plans, construction, repair, improvement, extension, alteration, demolition, and purchase of fixed equipment or facilities
of or used by the Food and Drug Administration, where not otherwise provided, $12,788,000, to remain available until expended.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1215

FDA INNOVATION ACCOUNT, CURES ACT
(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out the purposes described
under section 1002(b)(4) of the 21st Century Cures Act, in addition
to amounts available for such purposes under the heading ‘‘Salaries
and Expenses’’, $70,000,000, to remain available until expended:
Provided, That amounts appropriated in this paragraph are appropriated pursuant to section 1002(b)(3) of the 21st Century Cures
Act, are to be derived from amounts transferred under section
1002(b)(2)(A) of such Act, and may be transferred by the Commissioner of Food and Drugs to the appropriation for ‘‘Department
of Health and Human Services Food and Drug Administration
Salaries and Expenses’’ solely for the purposes provided in such
Act: Provided further, That upon a determination by the Commissioner that funds transferred pursuant to the previous proviso
are not necessary for the purposes provided, such amounts may
be transferred back to the account: Provided further, That such
transfer authority is in addition to any other transfer authority
provided by law.

Determination.

INDEPENDENT AGENCY
FARM CREDIT ADMINISTRATION
LIMITATION ON ADMINISTRATIVE EXPENSES

Not to exceed $80,400,000 (from assessments collected from
farm credit institutions, including the Federal Agricultural Mortgage Corporation) shall be obligated during the current fiscal year
for administrative expenses as authorized under 12 U.S.C. 2249:
Provided, That this limitation shall not apply to expenses associated
with receiverships: Provided further, That the agency may exceed
this limitation by up to 10 percent with notification to the Committees on Appropriations of both Houses of Congress: Provided further,
That the purposes of section 3.7(b)(2)(A)(i) of the Farm Credit
Act of 1971 (12 U.S.C. 2128(b)(2)(A)(i)), the Farm Credit Administration may exempt, an amount in its sole discretion, from the application of the limitation provided in that clause of export loans
described in the clause guaranteed or insured in a manner other
than described in subclause (II) of the clause.

Notification.

TITLE VII
GENERAL PROVISIONS

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(INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS)

SEC. 701. 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

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Determination.

PUBL260A

134 STAT. 1216
Notification.
Approval.
Deadline.

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Notifications.
Advance
approvals.

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PUBLIC LAW 116–260—DEC. 27, 2020

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.
SEC. 702. 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 Committee 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 Officer 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

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1217

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.
SEC. 703. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
SEC. 704. 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.
SEC. 705. 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.
SEC. 706. 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.

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Determination.

Contracts.

Determination.
Approvals.

Notification.

PUBL260A

134 STAT. 1218

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Pornography.

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PUBLIC LAW 116–260—DEC. 27, 2020

SEC. 707. 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.
SEC. 708. 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.
SEC. 709. (a) 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.
(b) 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.
SEC. 710. 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.
SEC. 711. 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—
(1) 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
(2) 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.
SEC. 712. 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.
SEC. 713. (a) 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.
(b) 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.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1219

SEC. 714. 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 two 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.
SEC. 715. 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.
SEC. 716. (a) 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—
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;

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Time period.

Notifications.
Approvals.
Time periods.

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PUBLIC LAW 116–260—DEC. 27, 2020

(5) reorganizes offices, programs, or activities; or
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Secretary of Agriculture or the Secretary of
Health and Human Services (as the case may be) notifies
in writing and receives approval from the Committees on Appropriations of both Houses of Congress at least 30 days in advance
of the reprogramming of such funds or the use of such authority.
(b) 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—
(1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or
(3) 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;
unless the Secretary of Agriculture or the Secretary of
Health and Human Services (as the case may be) notifies
in writing and receives approval from the Committees on Appropriations of both Houses of Congress at least 30 days in advance
of the reprogramming or transfer of such funds or the use
of such authority.
(c) The Secretary of Agriculture 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.
(d) 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—
(1) 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;
(2) 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
(3) carrying out activities or functions that were not
described in the budget request;
unless the agencies funded by this Act notify, in writing,
the Committees on Appropriations of both Houses of Congress
at least 30 days in advance of using the funds for these purposes.

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134 STAT. 1221

(e) As described in this section, no funds may be used for
any activities unless the Secretary of Agriculture or the Secretary
of Health and Human Services receives from the Committee on
Appropriations of both Houses of Congress written or electronic
mail confirmation of receipt of the notification as required in this
section.
SEC. 717. 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.
SEC. 718. None of the funds appropriated or otherwise made
available to the Department of Agriculture, the Food and Drug
Administration, 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, or
non-Farm Credit Administration employee.
SEC. 719. 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.
SEC. 720. 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.
SEC. 721. 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, 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
explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).
SEC. 722. 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),
$1,250,000,000 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.
SEC. 723. For the purposes of determining eligibility or level
of program assistance for Rural Development programs the Secretary shall not include incarcerated prison populations.
SEC. 724. 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

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Fees.

News stories.
Notification.

Time period.
Reimbursement.

Deadline.
Spending plan.

Determination.
Prisons and
prisoners.
Loans.

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Notification.
Time period.

Notification.
Advance
approval.

Regulations.

Applicability.
Effective date.

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Health and
health care.
Electronic
records.

Regulations.
Alcohol and
alcoholic
beverages.

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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.
SEC. 725. 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.
SEC. 726. 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).
SEC. 727. 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.
SEC. 728. 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.
SEC. 729. None of the funds made available by this or any
other Act may be used to carry out the final rule promulgated
by the Food and Drug Administration and put into effect November

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134 STAT. 1223

16, 2015, in regards to the hazard analysis and risk-based preventive control requirements of the current good manufacturing practice, hazard analysis, and risk-based preventive controls for food
for animals rule with respect to the regulation of the production,
distribution, sale, or receipt of dried spent grain byproducts of
the alcoholic beverage production process.
SEC. 730. There is hereby appropriated $11,000,000, 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.
SEC. 731. (a) The Secretary of Agriculture shall—
(1) conduct audits in a manner that evaluates the following
factors in the country or region being audited, as applicable—
(A) veterinary control and oversight;
(B) disease history and vaccination practices;
(C) livestock demographics and traceability;
(D) epidemiological separation from potential sources
of infection;
(E) surveillance practices;
(F) diagnostic laboratory capabilities; and
(G) emergency preparedness and response; and
(2) promptly make publicly available the final reports of
any audits or reviews conducted pursuant to subsection (1).
(b) This section shall be applied in a manner consistent with
United States obligations under its international trade agreements.
SEC. 732. 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.
SEC. 733. 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.
SEC. 734. (a)(1) 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.
(2) 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.
(b) Subsection (a) shall not apply in any case or category
of cases in which the Secretary of Agriculture (in this section

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Loans.

Audits.

Public
information.
Reports.
Applicability.

Iron and steel
products.

Definition.

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Public
information.
Records.
Time period.

Web posting.

Applicability.

Definitions.

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Lobbying.

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referred to as the ‘‘Secretary’’) or the designee of the Secretary
finds that—
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron and steel products are not produced in the United
States in sufficient and reasonably available quantities or of
a satisfactory quality; or
(3) inclusion of iron and steel products produced in the
United States will increase the cost of the overall project by
more than 25 percent.
(c) 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.
(d) This section shall be applied in a manner consistent with
United States obligations under international agreements.
(e) 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.
(f) 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.
(g) 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.
SEC. 735. 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.
SEC. 736. Of the total amounts made available by this Act
for direct loans and grants in section 730 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

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134 STAT. 1225

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.
SEC. 737. 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:
Provided, That notwithstanding section 18(g)(3)(C) of the Richard
B. Russell National School Lunch Act (42 U.S.C. 1769 (g)(3)(c)),
the total grant amount provided to a farm to school grant recipient
in fiscal year 2021 shall not exceed $500,000.
SEC. 738. 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.
SEC. 739. 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.
SEC. 740. 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.
SEC. 741. 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.
SEC. 742. 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.
SEC. 743. 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

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Definition.

Applicability.

Human embryos.

Regulations.

School breakfast.

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Hemp and hemp
seeds.

Deadline.
Fish and fishing.

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Contracts.
Determination.

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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).
SEC. 744. None of the funds made available by this Act or
any other Act may be used—
(1) in contravention of section 7606 of the Agricultural
Act of 2014 (7 U.S.C. 5940), subtitle G of the Agricultural
Marketing Act of 1946, or section 10114 of the Agriculture
Improvement Act of 2018; or
(2) to prohibit the transportation, processing, sale, or use
of hemp, or seeds of such plant, that is grown or cultivated
in accordance with subsection section 7606 of the Agricultural
Act of 2014 or Subtitle G of the Agricultural Marketing Act
of 1946, within or outside the State in which the hemp is
grown or cultivated.
SEC. 745. Out of amounts appropriated to the Food and Drug
Administration under title VI, the Secretary of Health and Human
Services, acting through the Commissioner of Food and Drugs,
shall, not later than September 30, 2021, and following the review
required under Executive Order No. 12866 (5 U.S.C. 601 note;
relating to regulatory planning and review), issue advice revising
the advice provided in the notice of availability entitled ‘‘Advice
About Eating Fish, From the Environmental Protection Agency
and Food and Drug Administration; Revised Fish Advice; Availability’’ (82 Fed. Reg. 6571 (January 19, 2017)), in a manner that
is consistent with nutrition science recognized by the Food and
Drug Administration on the net effects of seafood consumption.
SEC. 746. There is hereby appropriated $2,500,000, to remain
available until expended, for grants under section 12502 of Public
Law 115–334.
SEC. 747. There is hereby appropriated $2,000,000 to carry
out section 1621 of Public Law 110–246.
SEC. 748. 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.
SEC. 749. In addition to amounts otherwise made available
by this Act and notwithstanding the last sentence of 16 U.S.C.
1310, there is appropriated $4,000,000, to remain available until
expended, to implement non-renewable agreements on eligible
lands, including flooded agricultural lands, as determined by the
Secretary, under the Water Bank Act (16 U.S.C. 1301–1311).
SEC. 750. The Secretary shall set aside for Rural Economic
Area Partnership (REAP) Zones, until August 15, 2021, an amount
of funds made available in title III under the headings of Rural
Housing Insurance Fund Program Account, Mutual and Self-Help
Housing Grants, Rural Housing Assistance Grants, Rural Community Facilities Program Account, Rural Business Program Account,
Rural Development Loan Fund Program Account, and Rural Water
and Waste Disposal Program Account, equal to the amount obligated in REAP Zones with respect to funds provided under such
headings in the most recent fiscal year any such funds were obligated under such headings for REAP Zones.
SEC. 751. There is hereby appropriated $1,000,000 to carry
out section 3307 of Public Law 115–334.

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134 STAT. 1227

SEC. 752. 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)).
SEC. 753. There is hereby appropriated $2,000,000, to remain
available until expended, for a pilot program for the Secretary
to provide grants to qualified non-profit organizations and public
housing authorities to provide technical assistance, including financial and legal services, to RHS multi-family housing borrowers
to facilitate the acquisition of RHS multi-family housing properties
in areas where the Secretary determines a risk of loss of affordable
housing, by non-profit housing organizations and public housing
authorities as authorized by law that commit to keep such properties in the RHS multi-family housing program for a period of
time as determined by the Secretary.
SEC. 754. There is hereby appropriated $7,000,000 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.
SEC. 755. There is hereby appropriated $1,000,000, to remain
available until September 30, 2022, to carry out section 4208 of
Public Law 115–334.
SEC. 756. There is hereby appropriated $5,000,000 to carry
out section 12301 of Public Law 115–334.
SEC. 757. 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.
SEC. 758. 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.
SEC. 759. 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.
SEC. 760. There is hereby appropriated $5,000,000 to remain
available until September 30, 2022, to carry out section 4206 of
Public Law 115–334.
SEC. 761. 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.
SEC. 762. 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

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Waiver authority.

Determinations.

Water.
Determination.
Time period.

Determination.

Compliance
inspection.

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Priority.

Poultry products.
China.

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Requirement.
School lunches.

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be inspected by APHIS for compliance with the Animal Welfare
Act and its regulations and standards.
SEC. 763. There is hereby appropriated $5,000,000, to remain
available until expended, to carry out section 2103 of Public Law
115–334: Provided, That the Secretary shall prioritize the wetland
compliance needs of areas with significant numbers of individual
wetlands, wetland acres, and conservation compliance requests.
SEC. 764. 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.).
SEC. 765. There is hereby appropriated $1,000,000, for an additional amount for ‘‘Department of Health and Human Services—
Food and Drug Administration—Salaries and Expenses’’ to remain
available until expended and in addition to amounts otherwise
made available for such purposes, for the development of research,
education, and outreach partnerships with academic institutions
to study and promote seafood safety.
SEC. 766. 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.
SEC. 767. 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)).
SEC. 768. There is hereby appropriated $5,000,000 to remain
available until September 30, 2022, to carry out section 6424 of
Public Law 115–334.
SEC. 769. In addition to any funds made available in this
Act or any other Act, there is hereby appropriated $10,000,000,
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.
SEC. 770. 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 longterm operations and financial health by providing technical assistance through analysis of current hospital management practices.
SEC. 771. In addition to amounts otherwise made available
by this or any other Act, there is hereby appropriated $5,000,000,
to remain available until expended, to the Secretary for a pilot
program to provide grants to a regional consortium to fund technical
assistance and construction of regional wastewater systems for
historically impoverished communities that have had difficulty in

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1229

installing traditional wastewater treatment systems due to soil
conditions.
SEC. 772. The Secretary of Agriculture shall—
(1) within 180 days of enactment of this Act publish a
notice of proposed rulemaking in the Federal Register seeking
public comments on the effects of lifting the stay issued on
July 31, 2013 (78 Fed. Reg. 46255) with consideration given
to changes in industry and the implementation of certain
rulemakings since the publication of the stay;
(2) take public comments on the notice for not more than
60 days; and
(3) not later than 180 days after the end of the comment
period, publish in the Federal Register the date upon which
the stay is lifted if such action is justified based on the comments received.
SEC. 773. There is hereby appropriated $6,000,000, 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.
SEC. 774. 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 among appropriations of the Department
of Agriculture for purposes of making such grants.
SEC. 775. (a) There is hereby appropriated $531,000,000, to
remain available until expended, for an additional amount for section 779 of Public Law 115–141.
(b) 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 $425,000,000 of funds available in this subaccount in fiscal
year 2019 for an additional amount for the same purpose and
under the same terms and conditions as funds appropriated by
section 779 of Public Law 115–141, shall use $255,000,000 of funds
available in this subaccount in fiscal year 2020 for an additional
amount for the same purpose and under the same terms and
conditions as funds appropriated by section 779 of Public Law
115–141, and shall use $104,000,000 of funds available in this
subaccount in fiscal year 2021 for an additional amount for the
same purpose and under the same terms and conditions as funds
appropriated by section 779 of Public Law 115–141.’’: Provided,
That any use of such funds shall be treated as a reprogramming
of funds under section 716 of this Act.
(c) Section 787(b) of division B of Public Law 116–94 shall
no longer apply.
SEC. 776. 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.

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Deadlines.
Notice.
Regulations.
Federal Register,
publications.
Public comments.

Grants.

Applicability.

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134 STAT. 1230

Genetic
engineering.

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132 Stat. 399.

Determinations.
Regulations.
Exports and
imports.
Shrimp.
21 USC 2105
note.

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SEC. 777. 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.
SEC. 778. Notwithstanding any other provision of law, the
acceptable market name of any engineered animal approved prior
to the effective date of the National Bioengineered Food Disclosure
Standard (February 19, 2019) shall include the words ‘‘genetically
engineered’’ prior to the existing acceptable market name.
SEC. 779. For an additional amount for ‘‘National Institute
of Food and Agriculture—Research and Education Activities’’,
$500,000, to develop a public-private cooperative framework based
on open data standards for neutral data repository solutions to
preserve and share the big data generated by technological advancements in the agriculture industry and for the preservation and
curation of data in collaboration with land-grant universities.
SEC. 780. 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.
SEC. 781. 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.
SEC. 782. Section 7605(b) of the Agriculture Improvement Act
of 2018 (7 U.S.C. 5940 note; Public Law 115–334) is amended
by striking ‘‘September 30, 2021’’ and inserting ‘‘January 1, 2022’’.
SEC. 783. 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’’.
SEC. 784. Section 779 of Public Law 115–141 is amended by
striking ‘‘expansion efforts made’’ and inserting ‘‘service in a service
area’’ in the fourth proviso, and by inserting ‘‘, unless such service
area is not provided sufficient access to broadband at the minimum
service threshold’’ after ‘‘Rural Utilities Service’’ in the fourth proviso.
SEC. 785. In addition to amounts otherwise provided, there
is hereby appropriated $1,000,000, to remain available until
expended, to carry out activities authorized under subsections (a)(2)
and (e)(2) of Section 21 of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1769b–1(a)(2) and (e)(2)).
SEC. 786. 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.
SEC. 787. (a) The Secretary of Health and Human Services,
acting through the Commissioner of Food and Drugs (Commissioner), shall develop and, if it determines feasible, implement

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134 STAT. 1231

a number of options for regulating the export of shrimp to the
United States from other countries, including the three largest
exporting countries by volume to the United States over the last
three calendar years, 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 thirdparty audits, and formal seafood arrangements with foreign competent authorities.
(b) The Commissioner shall especially give priority consideration to the following with the funds appropriated—
(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.
SEC. 788. There is hereby appropriated $1,000,000 to carry
out the duties of the working group established under section 770
of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2019 (Public Law
116–6; 133 Stat. 89).
SEC. 789. 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.
SEC. 790. 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.
SEC. 791. 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 775 may be used for this purpose.
SEC. 792. There is hereby appropriated $45,861,000 for the
Goodfellow Federal facility, to remain available until expended,
of which $20,000,000 shall be transferred to and merged with

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Priority.
Compliance.

Reports.

Dairy and dairy
products.

Plan.
Deadline.
Determination.
Compliance.

Determinations.

PUBL260A

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Review.
Reports.
Analyses.

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Cogongrass.

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the appropriation for ‘‘Office of the Chief Information Officer’’,
$16,046,000 shall be transferred to and merged with the appropriation for ‘‘Food Safety and Inspection Service’’, and of which
$9,815,000 shall be transferred to and merged with the appropriation for ‘‘Rural Development, Salaries and Expenses’’.
SEC. 793. Of the unobligated balances from prior year appropriations made available under the heading ‘‘Distance Learning,
Telemedicine, and Broadband Program’’ for the cost of broadband
loans, as authorized by section 601 of the Rural Electrification
Act, $12,000,000 are hereby rescinded.
SEC. 794. Funds made available in the Consolidated Appropriations Act, 2016 (Public Law 114–113) for the ‘‘Rural Community
Facilities Program Account’’ under section 306 of the Consolidated
Farm and Rural Development Act, 7 U.S.C. 1926, for the principal
amount of direct loans to eligible approved re-lenders are to remain
available through fiscal year 2026 for the liquidation of valid obligations incurred in fiscal year 2016.
SEC. 795. None of the funds made available by this Act may
be used to pay the salaries or expenses of personnel—
(1) to inspect horses under section 3 of the Federal Meat
Inspection Act (21 U.S.C. 603);
(2) 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
(3) to implement or enforce section 352.19 of title 9, Code
of Federal Regulations (or a successor regulation).
SEC. 796. 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:
(1) 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’’.
(2) 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.
(3) An analysis of how full implementation of the recommendations described in paragraph (1) would have affected
the most recently issued guidelines.
SEC. 797. (a) There is hereby appropriated $3,000,000, to
remain available until expended, for a pilot program for the Animal
and Plant Health Inspection Service to provide grants to State
departments of agriculture and forestry commissions in states
identified in the final environmental assessment published in the
Federal Register on September 23, 2020 (85 Fed. Reg. 59735),
to combat and treat cogongrass through established cogongrass
control programs.
(b) Any remaining unobligated balances of funds made available
for field crop and rangeland ecosystem pests under the heading

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1233

‘‘Animal and Plant Health Inspection Service—Salaries and
Expenses’’, in the Consolidated Appropriations Act, 2019 (Public
Law 116–6) and the Further Consolidated Appropriations Act, 2020
(Public Law 116–94), and specifically provided as funds for APHIS
to partner with states in the control and eradication of the
cogongrass weed in the conference report accompanying Public Law
116–6 and in the explanatory statement described in section 4
in the matter preceding division A of Public Law 116–94, are
hereby permanently rescinded, and an amount of additional new
budget authority equivalent to the amount rescinded is hereby
appropriated, to remain available until expended in addition to
other funds as may be available for such purposes, for the same
purposes and under the same conditions as the funds made available under subsection (a) of this section.
(c) Not to exceed 2 percent of the funds provided under this
section shall be available for necessary costs of grant administration.
SEC. 798. For an additional amount for ‘‘National Institute
of Food and Agriculture—Research and Education Activities’’,
$300,000, for the Under Secretary for Research, Education, and
Economics to convene a blue-ribbon panel for the purpose of evaluating the overall structure of research and education through the
public and land-grant universities, including 1890 Institutions, to
define a new architecture that can better integrate, coordinate,
and assess economic impact of the collective work of these institutions.
SEC. 799. For an additional amount for ‘‘National Institute
of Food and Agriculture—Research and Education Activities’’,
$4,000,000, to remain available until September 30, 2022, for a
competitive grant to an institution in the land-grant university
system to establish a Farm of the Future testbed and demonstration
site.
SEC. 799A. There is hereby appropriated $22,000,000, to remain
available until expended, to carry out section 12513 of Public Law
115–334: Provided, That of the amounts made available,
$20,000,000 shall be for established dairy business innovation initiatives and the Secretary shall take measures to ensure an equal
distribution of funds between the three regional innovation initiatives.
SEC. 799B. None of the funds appropriated or otherwise made
available by this Act shall be available for the United States Department of Agriculture to propose, finalize or implement any regulation
that would promulgate new user fees pursuant to 31 U.S.C. 9701
after the date of the enactment of this Act.
SEC. 799C. (a) Any remaining unobligated balances of funds
made available under the heading ‘‘Department of Agriculture—
Agricultural Programs—Processing, Research and Marketing—
Office of the Secretary’’ in subsections (b) and (d) of section 791
of division B of the Further Consolidated Appropriations Act, 2020
Public Law 116–94 for block grants to eligible states and territories
pursuant to the first proviso under the heading ‘‘Department of
Agriculture—Agricultural Programs—Processing, Research and
Marketing—Office of the Secretary’’ in the Additional Supplemental
Appropriations for Disaster Relief Act of 2019 Public Law 116–
20, as amended by subsection (c) of section 791 of division B
Public Law 116–94, may be made available for any of the other
purposes and under the same authorities and conditions for those

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Panel.
Evaluation.

Grants.

Grants.

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Effective date.

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purposes as the funds made available under such heading in such
Act, and for the purposes specified and under the same authorities
and conditions as in the first, second, third, and fourth provisos
of subsection (b) of section 791 of division B of Public Law 116–
94: Provided, That this section shall not be effective before the
award of the block grants that were announced prior to the date
of enactment of this Act: Provided further, That any block grant
amounts that were announced prior to the date of enactment of
this Act and are subsequently awarded shall not be returned to
the Farm Service Agency until the date specified in the grant
agreement.
(b) Of the remaining unobligated balances of funds made available under the heading ‘‘Department of Agriculture—Agricultural
Programs—Processing, Research and Marketing—Office of the Secretary’’ in the Coronavirus Aid, Relief, and Economic Security Act
(Public Law 116–136), $1,000,000,000 shall be made available for
the same purposes and under the same authorities and conditions
as the funds made available under the heading ‘‘Department of
Agriculture—Agricultural Programs—Processing, Research and
Marketing—Office of the Secretary’’ in the Additional Supplemental
Appropriations for Disaster Relief Act of 2019 (Public Law 116–
20), as of December 19, 2019, and for the purposes specified and
under the same authorities and conditions as in the first, second,
third, and fourth provisos of subsection (b) of section 791 of division
B of Public Law 116–94.
(c) The amounts repurposed pursuant to this section that were
previously designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985 are designated by the Congress as an emergency requirement pursuant to that section of
that Act.
SEC. 799D. For necessary expenses for salary and related costs
associated with Agriculture Quarantine and Inspection Services
activities pursuant to 21 U.S.C. 136a(6), and in addition to any
other funds made available for this purpose, there is appropriated,
out of any money in the Treasury not otherwise appropriated,
$635,000,000, to remain available until September 30, 2022, to
offset the loss resulting from the coronavirus pandemic of quarantine and inspection fees collected pursuant to sections 2508 and
2509 of the Food, Agriculture, Conservation, and Trade Act of
1990 (21 U.S.C. 136, 136a): Provided, That amounts made available
in this section shall be treated as funds collected by fees authorized
under sections 2508 and 2509 of the Food, Agriculture, Conservation, and Trade Act of 1990 (21 U.S.C. 136, 136a) for purposes
of section 421(f) of the Homeland Security Act of 2002 (6 U.S.C.
231(f)): Provided further, That such amount is designated 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.
This division may be cited as the ‘‘Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2021’’.

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134 STAT. 1235

DIVISION B—COMMERCE, JUSTICE, SCIENCE, AND
RELATED AGENCIES APPROPRIATIONS ACT, 2021
TITLE I
DEPARTMENT OF COMMERCE
INTERNATIONAL TRADE ADMINISTRATION

Commerce,
Justice, Science,
and Related
Agencies
Appropriations
Act, 2021.
Department of
Commerce
Appropriations
Act, 2021.

OPERATIONS AND ADMINISTRATION

For necessary expenses for international trade activities of
the Department of Commerce provided for by law, to carry out
activities associated with facilitating, attracting, and retaining business investment in the United States, and for engaging in trade
promotional activities abroad, including expenses of grants and
cooperative agreements for the purpose of promoting exports of
United States firms, without regard to sections 3702 and 3703
of title 44, United States Code; full medical coverage for dependent
members of immediate families of employees stationed overseas
and employees temporarily posted overseas; travel and transportation of employees of the International Trade Administration
between two points abroad, without regard to section 40118 of
title 49, United States Code; employment of citizens of the United
States and aliens by contract for services; rental of space abroad
for periods not exceeding 10 years, and expenses of alteration,
repair, or improvement; purchase or construction of temporary
demountable exhibition structures for use abroad; payment of tort
claims, in the manner authorized in the first paragraph of section
2672 of title 28, United States Code, when such claims arise in
foreign countries; not to exceed $294,300 for official representation
expenses abroad; purchase of passenger motor vehicles for official
use abroad, not to exceed $45,000 per vehicle; obtaining insurance
on official motor vehicles; and rental of tie lines, $541,000,000,
of which $70,000,000 shall remain available until September 30,
2022: Provided, That $11,000,000 is to be derived from fees to
be retained and used by the International Trade Administration,
notwithstanding section 3302 of title 31, United States Code: Provided further, That, of amounts provided under this heading, not
less than $16,400,000 shall be for China antidumping and countervailing duty enforcement and compliance activities: Provided further, That the provisions of the first sentence of section 105(f)
and all of section 108(c) of the Mutual Educational and Cultural
Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply
in carrying out these activities; and that for the purpose of this
Act, contributions under the provisions of the Mutual Educational
and Cultural Exchange Act of 1961 shall include payment for assessments for services provided as part of these activities.
BUREAU

OF INDUSTRY AND

Applicability.
Assessments.

SECURITY

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OPERATIONS AND ADMINISTRATION

For necessary expenses for export administration and national
security activities of the Department of Commerce, including costs
associated with the performance of export administration field
activities both domestically and abroad; full medical coverage for
dependent members of immediate families of employees stationed

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134 STAT. 1236

Applicability.

PUBLIC LAW 116–260—DEC. 27, 2020

overseas; employment of citizens of the United States and aliens
by contract for services abroad; payment of tort claims, in the
manner authorized in the first paragraph of section 2672 of title
28, United States Code, when such claims arise in foreign countries;
not to exceed $13,500 for official representation expenses abroad;
awards of compensation to informers under the Export Control
Reform Act of 2018 (subtitle B of title XVII of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019; Public
Law 115–232; 132 Stat. 2208; 50 U.S.C. 4801 et seq.), and as
authorized by section 1(b) of the Act of June 15, 1917 (40 Stat.
223; 22 U.S.C. 401(b)); and purchase of passenger motor vehicles
for official use and motor vehicles for law enforcement use with
special requirement vehicles eligible for purchase without regard
to any price limitation otherwise established by law, $133,000,000,
to remain available until expended: Provided, That the provisions
of the first sentence of section 105(f) and all of section 108(c)
of the Mutual Educational and Cultural Exchange Act of 1961
(22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these
activities: Provided further, That payments and contributions collected and accepted for materials or services provided as part of
such activities may be retained for use in covering the cost of
such activities, and for providing information to the public with
respect to the export administration and national security activities
of the Department of Commerce and other export control programs
of the United States and other governments.
ECONOMIC DEVELOPMENT ADMINISTRATION
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

For grants for economic development assistance as provided
by the Public Works and Economic Development Act of 1965, for
trade adjustment assistance, and for grants authorized by sections
27 and 28 of the Stevenson-Wydler Technology Innovation Act
of 1980 (15 U.S.C. 3722 and 3723), as amended, $305,500,000
to remain available until expended, of which $38,000,000 shall
be for grants under such section 27 and $2,000,000 shall be for
grants under such section 28: Provided, That any deviation from
the amounts designated for specific activities in the explanatory
statement described in section 4 (in the matter preceding division
A of this consolidated Act), or any use of deobligated balances
of funds provided under this heading in previous years, shall be
subject to the procedures set forth in section 505 of this Act.

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SALARIES AND EXPENSES

For necessary expenses of administering the economic development assistance programs as provided for by law, $40,500,000:
Provided, That funds provided under this heading may be used
to monitor projects approved pursuant to title I of the Public Works
Employment Act of 1976; title II of the Trade Act of 1974; sections
27 and 28 of the Stevenson-Wydler Technology Innovation Act
of 1980 (15 U.S.C. 3722 and 3723), as amended; and the Community
Emergency Drought Relief Act of 1977.

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PUBL260A

PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1237

MINORITY BUSINESS DEVELOPMENT AGENCY
MINORITY BUSINESS DEVELOPMENT

For necessary expenses of the Department of Commerce in
fostering, promoting, and developing minority business enterprises,
including expenses of grants, contracts, and other agreements with
public or private organizations, $48,000,000, of which not more
than $16,000,000 shall be available for overhead expenses, including
salaries and expenses, rent, utilities, and information technology
services.
ECONOMIC

AND

STATISTICAL ANALYSIS

SALARIES AND EXPENSES

For necessary expenses, as authorized by law, of economic
and statistical analysis programs of the Department of Commerce,
$111,855,000, to remain available until September 30, 2022.
BUREAU

OF THE

CENSUS

CURRENT SURVEYS AND PROGRAMS

For necessary expenses for collecting, compiling, analyzing, preparing, and publishing statistics, provided for by law, $288,403,000:
Provided, That, from amounts provided herein, funds may be used
for promotion, outreach, and marketing activities.
PERIODIC CENSUSES AND PROGRAMS
(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for collecting, compiling, analyzing, preparing, and publishing statistics for periodic censuses and programs
provided for by law, $818,241,000, to remain available until September 30, 2022: Provided, That, from amounts provided herein,
funds may be used for promotion, outreach, and marketing activities: Provided further, That within the amounts appropriated,
$3,556,000 shall be transferred to the ‘‘Office of Inspector General’’
account for activities associated with carrying out investigations
and audits related to the Bureau of the Census.
NATIONAL TELECOMMUNICATIONS AND INFORMATION
ADMINISTRATION

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SALARIES AND EXPENSES

For necessary expenses, as provided for by law, of the National
Telecommunications and Information Administration (NTIA),
$45,500,000, to remain available until September 30, 2022: Provided, That, notwithstanding 31 U.S.C. 1535(d), the Secretary of
Commerce shall charge Federal agencies for costs incurred in spectrum management, analysis, operations, and related services, and
such fees shall be retained and used as offsetting collections for
costs of such spectrum services, to remain available until expended:
Provided further, That the Secretary of Commerce is authorized
to retain and use as offsetting collections all funds transferred,

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Fees.

PUBL260A

134 STAT. 1238

PUBLIC LAW 116–260—DEC. 27, 2020

or previously transferred, from other Government agencies for all
costs incurred in telecommunications research, engineering, and
related activities by the Institute for Telecommunication Sciences
of NTIA, in furtherance of its assigned functions under this paragraph, and such funds received from other Government agencies
shall remain available until expended.
PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND
CONSTRUCTION

For the administration of prior-year grants, recoveries and
unobligated balances of funds previously appropriated are available
for the administration of all open grants until their expiration.
UNITED STATES PATENT

AND

TRADEMARK OFFICE

SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)

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Spending plan.

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For necessary expenses of the United States Patent and Trademark Office (USPTO) provided for by law, including defense of
suits instituted against the Under Secretary of Commerce for
Intellectual Property and Director of the USPTO, $3,695,295,000,
to remain available until expended: Provided, That the sum herein
appropriated from the general fund shall be reduced as offsetting
collections of fees and surcharges assessed and collected by the
USPTO under any law are received during fiscal year 2021, so
as to result in a fiscal year 2021 appropriation from the general
fund estimated at $0: Provided further, That during fiscal year
2021, should the total amount of such offsetting collections be
less than $3,695,295,000, this amount shall be reduced accordingly:
Provided further, That any amount received in excess of
$3,695,295,000 in fiscal year 2021 and deposited in the Patent
and Trademark Fee Reserve Fund shall remain available until
expended: Provided further, That the Director of USPTO shall
submit a spending plan to the Committees on Appropriations of
the House of Representatives and the Senate for any amounts
made available by the preceding proviso and such spending plan
shall be treated as a reprogramming under section 505 of this
Act and shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section: Provided
further, That any amounts reprogrammed in accordance with the
preceding proviso shall be transferred to the United States Patent
and Trademark Office ‘‘Salaries and Expenses’’ account: Provided
further, That the budget of the President submitted for fiscal year
2022 under section 1105 of title 31, United States Code, shall
include within amounts provided under this heading for necessary
expenses of the USPTO any increases that are expected to result
from an increase promulgated through rule or regulation in offsetting collections of fees and surcharges assessed and collected by
the USPTO under any law in either fiscal year 2021 or fiscal
year 2022: Provided further, That from amounts provided herein,
not to exceed $13,500 shall be made available in fiscal year 2021
for official reception and representation expenses: Provided further,
That in fiscal year 2021 from the amounts made available for
‘‘Salaries and Expenses’’ for the USPTO, the amounts necessary

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1239

to pay (1) the difference between the percentage of basic pay contributed by the USPTO and employees under section 8334(a) of title
5, United States Code, and the normal cost percentage (as defined
by section 8331(17) of that title) as provided by the Office of Personnel Management (OPM) for USPTO’s specific use, of basic pay,
of employees subject to subchapter III of chapter 83 of that title,
and (2) the present value of the otherwise unfunded accruing costs,
as determined by OPM for USPTO’s specific use of post-retirement
life insurance and post-retirement health benefits coverage for all
USPTO employees who are enrolled in Federal Employees Health
Benefits (FEHB) and Federal Employees Group Life Insurance
(FEGLI), shall be transferred to the Civil Service Retirement and
Disability Fund, the FEGLI Fund, and the Employees FEHB Fund,
as appropriate, and shall be available for the authorized purposes
of those accounts: Provided further, That any differences between
the present value factors published in OPM’s yearly 300 series
benefit letters and the factors that OPM provides for USPTO’s
specific use shall be recognized as an imputed cost on USPTO’s
financial statements, where applicable: Provided further, That, notwithstanding any other provision of law, all fees and surcharges
assessed and collected by USPTO are available for USPTO only
pursuant to section 42(c) of title 35, United States Code, as amended
by section 22 of the Leahy-Smith America Invents Act (Public
Law 112–29): Provided further, That within the amounts appropriated, $2,000,000 shall be transferred to the ‘‘Office of Inspector
General’’ account for activities associated with carrying out investigations and audits related to the USPTO.
NATIONAL INSTITUTE

OF

STANDARDS

AND

TECHNOLOGY

SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the National Institute of Standards
and Technology (NIST), $788,000,000, to remain available until
expended, of which not to exceed $9,000,000 may be transferred
to the ‘‘Working Capital Fund’’: Provided, That not to exceed $5,000
shall be for official reception and representation expenses: Provided
further, That NIST may provide local transportation for summer
undergraduate research fellowship program participants.
INDUSTRIAL TECHNOLOGY SERVICES

For necessary expenses for industrial technology services,
$166,500,000, to remain available until expended, of which
$150,000,000 shall be for the Hollings Manufacturing Extension
Partnership, and of which $16,500,000 shall be for the Manufacturing USA Program (formerly known as the National Network
for Manufacturing Innovation).

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CONSTRUCTION OF RESEARCH FACILITIES

For construction of new research facilities, including architectural and engineering design, and for renovation and maintenance
of existing facilities, not otherwise provided for the National
Institute of Standards and Technology, as authorized by sections
13 through 15 of the National Institute of Standards and Technology

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PUBL260A

134 STAT. 1240
Budget
estimates.
15 USC 1513b
note.

PUBLIC LAW 116–260—DEC. 27, 2020

Act (15 U.S.C. 278c–278e), $80,000,000, to remain available until
expended: Provided, That the Secretary of Commerce shall include
in the budget justification materials for fiscal year 2022 that the
Secretary submits to Congress in support of the Department of
Commerce budget (as submitted with the budget of the President
under section 1105(a) of title 31, United States Code) an estimate
for each National Institute of Standards and Technology construction project having a total multi-year program cost of more than
$5,000,000, and simultaneously the budget justification materials
shall include an estimate of the budgetary requirements for each
such project for each of the 5 subsequent fiscal years.
NATIONAL OCEANIC

AND

ATMOSPHERIC ADMINISTRATION

OPERATIONS, RESEARCH, AND FACILITIES

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(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of activities authorized by law for the
National Oceanic and Atmospheric Administration, including
maintenance, operation, and hire of aircraft and vessels; pilot programs for State-led fisheries management, notwithstanding any
other provision of law; grants, contracts, or other payments to
nonprofit organizations for the purposes of conducting activities
pursuant to cooperative agreements; and relocation of facilities,
$3,840,300,000, to remain available until September 30, 2022: Provided, That fees and donations received by the National Ocean
Service for the management of national marine sanctuaries may
be retained and used for the salaries and expenses associated
with those activities, notwithstanding section 3302 of title 31,
United States Code: Provided further, That in addition,
$246,171,000 shall be derived by transfer from the fund entitled
‘‘Promote and Develop Fishery Products and Research Pertaining
to American Fisheries’’, which shall only be used for fishery activities related to the Saltonstall-Kennedy Grant Program; Fisheries
Data Collections, Surveys, and Assessments; Fisheries Management
Programs and Services; and Interjurisdictional Fisheries Grants:
Provided further, That not to exceed $66,389,000 shall be for payment to the ‘‘Department of Commerce Working Capital Fund’’:
Provided further, That of the $4,103,971,000 provided for in direct
obligations under this heading, $3,840,300,000 is appropriated from
the general fund, $246,171,000 is provided by transfer, and
$17,500,000 is derived from recoveries of prior year obligations:
Provided further, That any deviation from the amounts designated
for specific activities in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act), or any use of deobligated balances of funds provided under
this heading in previous years, shall be subject to the procedures
set forth in section 505 of this Act: Provided further, That in
addition, for necessary retired pay expenses under the Retired
Serviceman’s Family Protection and Survivor Benefits Plan, and
for payments for the medical care of retired personnel and their
dependents under the Dependents’ Medical Care Act (10 U.S.C.
ch. 55), such sums as may be necessary.

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PUBL260A

PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1241

PROCUREMENT, ACQUISITION AND CONSTRUCTION
(INCLUDING TRANSFER OF FUNDS)

For procurement, acquisition and construction of capital assets,
including alteration and modification costs, of the National Oceanic
and Atmospheric Administration, $1,532,558,000, to remain available until September 30, 2023, except that funds provided for
acquisition and construction of vessels and aircraft, and construction
of facilities shall remain available until expended: Provided, That
of the $1,545,558,000 provided for in direct obligations under this
heading, $1,532,558,000 is appropriated from the general fund and
$13,000,000 is provided from recoveries of prior year obligations:
Provided further, That any deviation from the amounts designated
for specific activities in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act), or any use of deobligated balances of funds provided under
this heading in previous years, shall be subject to the procedures
set forth in section 505 of this Act: Provided further, That the
Secretary of Commerce shall include in budget justification materials for fiscal year 2022 that the Secretary submits to Congress
in support of the Department of Commerce budget (as submitted
with the budget of the President under section 1105(a) of title
31, United States Code) an estimate for each National Oceanic
and Atmospheric Administration procurement, acquisition or
construction project having a total of more than $5,000,000 and
simultaneously the budget justification shall include an estimate
of the budgetary requirements for each such project for each of
the 5 subsequent fiscal years: Provided further, That, within the
amounts appropriated, $2,000,000 shall be transferred to the ‘‘Office
of Inspector General’’ account for activities associated with carrying
out investigations and audits related to satellite procurement,
acquisition and construction.

Budget
estimates.
15 USC 1513a
note.

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PACIFIC COASTAL SALMON RECOVERY

For necessary expenses associated with the restoration of
Pacific salmon populations, $65,000,000, to remain available until
September 30, 2022: Provided, That, of the funds provided herein,
the Secretary of Commerce may issue grants to the States of Washington, Oregon, Idaho, Nevada, California, and Alaska, and to the
federally recognized Tribes of the Columbia River and Pacific Coast
(including Alaska), for projects necessary for conservation of salmon
and steelhead populations that are listed as threatened or endangered, or that are identified by a State as at-risk to be so listed,
for maintaining populations necessary for exercise of Tribal treaty
fishing rights or native subsistence fishing, or for conservation
of Pacific coastal salmon and steelhead habitat, based on guidelines
to be developed by the Secretary of Commerce: Provided further,
That all funds shall be allocated based on scientific and other
merit principles and shall not be available for marketing activities:
Provided further, That funds disbursed to States shall be subject
to a matching requirement of funds or documented in-kind contributions of at least 33 percent of the Federal funds.

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Grants.
State listing.
Native
Americans.
Guidelines.

PUBL260A

134 STAT. 1242

PUBLIC LAW 116–260—DEC. 27, 2020
FISHERMEN’S CONTINGENCY FUND

For carrying out the provisions of title IV of Public Law 95–
372, not to exceed $349,000, to be derived from receipts collected
pursuant to that Act, to remain available until expended.
FISHERIES FINANCE PROGRAM ACCOUNT

Subject to section 502 of the Congressional Budget Act of 1974,
during fiscal year 2021, obligations of direct loans may not exceed
$24,000,000 for Individual Fishing Quota loans and not to exceed
$100,000,000 for traditional direct loans as authorized by the Merchant Marine Act of 1936.
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES

Time period.
Reimbursement.

For necessary expenses for the management of the Department
of Commerce provided for by law, including not to exceed $4,500
for official reception and representation, $73,000,000: Provided,
That no employee of the Department of Commerce may be detailed
or assigned from a bureau or office funded by this Act or any
other Act to offices within the Office of the Secretary of the Department of Commerce for more than 90 days in a fiscal year unless
the individual’s employing bureau or office is fully reimbursed for
the salary and expenses of the employee for the entire period
of assignment using funds provided under this heading. Provided
further, That amounts made available to the Department of Commerce in this or any prior Act may not be transferred pursuant
to section 508 of this or any prior Act to the account funded
under this heading, except in the case of extraordinary circumstances that threaten life or property.
RENOVATION AND MODERNIZATION

For necessary expenses for the renovation and modernization
of the Herbert C. Hoover Building, $1,123,000.
NONRECURRING EXPENSES FUND

Notification.
Deadline.

For necessary expenses for a business application system modernization, $20,000,000, to remain available until September 30,
2023: Provided, That any unobligated balances of expired discretionary funds transferred to the Department of Commerce Nonrecurring Expenses Fund, as authorized by section 111 of title
I of division B of Public Law 116ƒ93, may be obligated only after
the Committees on Appropriations of the House of Representatives
and the Senate are notified at least 15 days in advance of the
planned use of funds.

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OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978
(5 U.S.C. App.), $34,000,000: Provided, That notwithstanding section 6413 of the Middle Class Tax Relief and Job Creation Act
of 2012 (Public Law 112–96), an additional $2,000,000, to remain
available until expended, shall be derived from the Public Safety

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PUBL260A

PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1243

Trust Fund for activities associated with carrying out investigations
and audits related to the First Responder Network Authority
(FirstNet).
GENERAL PROVISIONS—DEPARTMENT

OF

COMMERCE

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(INCLUDING TRANSFER OF FUNDS)

SEC. 101. During the current fiscal year, applicable appropriations and funds made available to the Department of Commerce
by this Act shall be available for the activities specified in the
Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in
the manner prescribed by the Act, and, notwithstanding 31 U.S.C.
3324, may be used for advanced payments not otherwise authorized
only upon the certification of officials designated by the Secretary
of Commerce that such payments are in the public interest.
SEC. 102. During the current fiscal year, appropriations made
available to the Department of Commerce by this Act for salaries
and expenses shall be available for hire of passenger motor vehicles
as authorized by 31 U.S.C. 1343 and 1344; services as authorized
by 5 U.S.C. 3109; and uniforms or allowances therefor, as authorized
by law (5 U.S.C. 5901–5902).
SEC. 103. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Commerce
in this Act may be transferred between such appropriations, but
no such appropriation shall be increased by more than 10 percent
by any such transfers: Provided, That any transfer pursuant to
this section shall be treated as a reprogramming of funds under
section 505 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth
in that section: Provided further, That the Secretary of Commerce
shall notify the Committees on Appropriations at least 15 days
in advance of the acquisition or disposal of any capital asset
(including land, structures, and equipment) not specifically provided
for in this Act or any other law appropriating funds for the Department of Commerce.
SEC. 104. The requirements set forth by section 105 of the
Commerce, Justice, Science, and Related Agencies Appropriations
Act, 2012 (Public Law 112–55), as amended by section 105 of
title I of division B of Public Law 113–6, are hereby adopted
by reference and made applicable with respect to fiscal year 2021:
Provided, That the life cycle cost for the Joint Polar Satellite System
is $11,322,125,000, the life cycle cost of the Polar Follow On Program is $6,837,900,000, the life cycle cost for the Geostationary
Operational Environmental Satellite R-Series Program is
$11,700,100,000, and the life cycle cost for the Space Weather
Follow On Program is $692,800,000.
SEC. 105. Notwithstanding any other provision of law, the
Secretary of Commerce may furnish services (including but not
limited to utilities, telecommunications, and security services) necessary to support the operation, maintenance, and improvement
of space that persons, firms, or organizations are authorized, pursuant to the Public Buildings Cooperative Use Act of 1976 or other
authority, to use or occupy in the Herbert C. Hoover Building,
Washington, DC, or other buildings, the maintenance, operation,
and protection of which has been delegated to the Secretary from
the Administrator of General Services pursuant to the Federal

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Certification.

Notification.
Deadline.

Incorporation by
reference.
Applicability.
33 USC 878a
note.

PUBL260A

134 STAT. 1244
Reimbursement.

Child
pornography.
Reimbursement.

Records.
Fee.

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Grants.
Contracts.

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PUBLIC LAW 116–260—DEC. 27, 2020

Property and Administrative Services Act of 1949 on a reimbursable
or non-reimbursable basis. Amounts received as reimbursement
for services provided under this section or the authority under
which the use or occupancy of the space is authorized, up to
$200,000, shall be credited to the appropriation or fund which
initially bears the costs of such services.
SEC. 106. Nothing in this title shall be construed to prevent
a grant recipient from deterring child pornography, copyright
infringement, or any other unlawful activity over its networks.
SEC. 107. The Administrator of the National Oceanic and
Atmospheric Administration is authorized to use, with their consent,
with reimbursement and subject to the limits of available appropriations, the land, services, equipment, personnel, and facilities of
any department, agency, or instrumentality of the United States,
or of any State, local government, Indian Tribal government, Territory, or possession, or of any political subdivision thereof, or of
any foreign government or international organization, for purposes
related to carrying out the responsibilities of any statute administered by the National Oceanic and Atmospheric Administration.
SEC. 108. The National Technical Information Service shall
not charge any customer for a copy of any report or document
generated by the Legislative Branch unless the Service has provided
information to the customer on how an electronic copy of such
report or document may be accessed and downloaded for free online.
Should a customer still require the Service to provide a printed
or digital copy of the report or document, the charge shall be
limited to recovering the Service’s cost of processing, reproducing,
and delivering such report or document.
SEC. 109. To carry out the responsibilities of the National
Oceanic and Atmospheric Administration (NOAA), the Administrator of NOAA is authorized to: (1) enter into grants and cooperative agreements with; (2) use on a non-reimbursable basis land,
services, equipment, personnel, and facilities provided by; and (3)
receive and expend funds made available on a consensual basis
from: a Federal agency, State or subdivision thereof, local government, Tribal government, Territory, or possession or any subdivisions thereof: Provided, That funds received for permitting and
related regulatory activities pursuant to this section shall be deposited under the heading ‘‘National Oceanic and Atmospheric
Administration—Operations, Research, and Facilities’’ and shall
remain available until September 30, 2022, for such purposes: Provided further, That all funds within this section and their corresponding uses are subject to section 505 of this Act.
SEC. 110. Amounts provided by this Act or by any prior appropriations Act that remain available for obligation, for necessary
expenses of the programs of the Economics and Statistics Administration of the Department of Commerce, including amounts provided
for programs of the Bureau of Economic Analysis and the Bureau
of the Census, shall be available for expenses of cooperative agreements with appropriate entities, including any Federal, State, or
local governmental unit, or institution of higher education, to aid
and promote statistical, research, and methodology activities which
further the purposes for which such amounts have been made
available.
SEC. 111. Amounts provided by this Act for the Hollings Manufacturing Extension Partnership under the heading ‘‘National

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1245

Institute of Standards and Technology—Industrial Technology Services’’ shall not be subject to cost share requirements under 15
U.S.C. 278k(e)(2): Provided, That the authority made available
pursuant to this section shall be elective for any Manufacturing
Extension Partnership Center that also receives funding from a
State that is conditioned upon the application of a Federal cost
sharing requirement.
SEC. 112. The Secretary of Commerce, or the designee of the
Secretary, may waive the matching requirements under sections
306 and 306A, and the cost sharing requirements under section
315, of the Coastal Zone Management Act of 1972 (16 U.S.C. 1455,
1455a, and 1461) as necessary for amounts made available under
this Act under the heading ‘‘Operations, Research, and Facilities’’
under the heading ‘‘National Oceanic and Atmospheric Administration’’.
SEC. 113. Of unobligated balances of amounts provided to the
Bureau of the Census under this or any prior appropriations Act,
up to $208,000,000 may be transferred to the Bureau of the Census
Working Capital Fund for information and business technology
system modernization and facilities infrastructure improvements
necessary for the operations of the Bureau: Provided, That the
amounts previously provided by the Congress for the 2020 Census
remain available only for the period of time as provided when
initially enacted: Provided further, That this transfer authority
is in addition to any other transfer authority in this Act: Provided
further, That no amounts may be transferred that were previously
designated by the Congress for the 2020 Census pursuant to section
251(b)(2)(G) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended: Provided further, That such amounts
may be obligated only after the Committees on Appropriations
of the House of Representatives and the Senate are notified at
least 15 days in advance of the planned use of funds.
This title may be cited as the ‘‘Department of Commerce Appropriations Act, 2021’’.
TITLE II

Waiver authority.

Notification.
Deadline.

Department of
Justice
Appropriations
Act, 2021.

DEPARTMENT OF JUSTICE
GENERAL ADMINISTRATION
SALARIES AND EXPENSES

For expenses necessary for the administration of the Department of Justice, $119,000,000, of which not to exceed $4,000,000
for security and construction of Department of Justice facilities
shall remain available until expended.
JUSTICE INFORMATION SHARING TECHNOLOGY

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(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for information sharing technology,
including planning, development, deployment and departmental
direction, $34,000,000, to remain available until expended: Provided, That the Attorney General may transfer up to $40,000,000
to this account, from funds available to the Department of Justice
for information technology, to remain available until expended,

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134 STAT. 1246

PUBLIC LAW 116–260—DEC. 27, 2020

for enterprise-wide information technology initiatives: Provided further, That the transfer authority in the preceding proviso is in
addition to any other transfer authority contained in this Act:
Provided further, That any transfer pursuant to the first proviso
shall be treated as a reprogramming under section 505 of this
Act and shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section.
EXECUTIVE OFFICE

FOR IMMIGRATION

REVIEW

(INCLUDING TRANSFER OF FUNDS)

For expenses necessary for the administration of immigrationrelated activities of the Executive Office for Immigration Review,
$734,000,000, of which $4,000,000 shall be derived by transfer
from the Executive Office for Immigration Review fees deposited
in the ‘‘Immigration Examinations Fee’’ account, and of which not
less than $22,500,000 shall be available for services and activities
provided by the Legal Orientation Program: Provided, That not
to exceed $35,000,000 of the total amount made available under
this heading shall remain available until expended.
OFFICE

OF INSPECTOR

GENERAL

For necessary expenses of the Office of Inspector General,
$110,565,000, including not to exceed $10,000 to meet unforeseen
emergencies of a confidential character: Provided, That not to exceed
$4,000,000 shall remain available until September 30, 2022.
UNITED STATES PAROLE COMMISSION
SALARIES AND EXPENSES

Term extension.

For necessary expenses of the United States Parole Commission
as authorized, $13,539,000: Provided, That, notwithstanding any
other provision of law, upon the expiration of a term of office
of a Commissioner, the Commissioner may continue to act until
a successor has been appointed.
LEGAL ACTIVITIES
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

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(INCLUDING TRANSFER OF FUNDS)

For expenses necessary for the legal activities of the Department of Justice, not otherwise provided for, including not to exceed
$20,000 for expenses of collecting evidence, to be expended under
the direction of, and to be accounted for solely under the certificate
of, the Attorney General; the administration of pardon and clemency
petitions; and rent of private or Government-owned space in the
District of Columbia, $960,000,000, of which not to exceed
$20,000,000 for litigation support contracts shall remain available
until expended: Provided, That of the amount provided for
INTERPOL Washington dues payments, not to exceed $685,000
shall remain available until expended: Provided further, That of

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134 STAT. 1247

the total amount appropriated, not to exceed $9,000 shall be available to INTERPOL Washington for official reception and representation expenses: Provided further, That of the total amount appropriated, not to exceed $9,000 shall be available to the Criminal
Division for official reception and representation expenses: Provided
further, That notwithstanding section 205 of this Act, upon a determination by the Attorney General that emergent circumstances
require additional funding for litigation activities of the Civil Division, the Attorney General may transfer such amounts to ‘‘Salaries
and Expenses, General Legal Activities’’ from available appropriations for the current fiscal year for the Department of Justice,
as may be necessary to respond to such circumstances: Provided
further, That any transfer pursuant to the preceding proviso shall
be treated as a reprogramming under section 505 of this Act and
shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further,
That of the amount appropriated, such sums as may be necessary
shall be available to the Civil Rights Division for salaries and
expenses associated with the election monitoring program under
section 8 of the Voting Rights Act of 1965 (52 U.S.C. 10305) and
to reimburse the Office of Personnel Management for such salaries
and expenses: Provided further, That of the amounts provided under
this heading for the election monitoring program, $3,390,000 shall
remain available until expended: Provided further, That of the
amount appropriated, not less than $195,754,000 shall be available
for the Criminal Division, including related expenses for the Mutual
Legal Assistance Treaty Program.
In addition, for expenses of the Department of Justice associated with processing cases under the National Childhood Vaccine
Injury Act of 1986, not to exceed $17,000,000, to be appropriated
from the Vaccine Injury Compensation Trust Fund and to remain
available until expended.

Determination.

Reimbursement.

SALARIES AND EXPENSES, ANTITRUST DIVISION

For expenses necessary for the enforcement of antitrust and
kindred laws, $184,524,000, to remain available until expended:
Provided, That notwithstanding any other provision of law, fees
collected for premerger notification filings under the Hart-ScottRodino Antitrust Improvements Act of 1976 (15 U.S.C. 18a), regardless of the year of collection (and estimated to be $150,000,000
in fiscal year 2021), shall be retained and used for necessary
expenses in this appropriation, and shall remain available until
expended: Provided further, That the sum herein appropriated from
the general fund shall be reduced as such offsetting collections
are received during fiscal year 2021, so as to result in a final
fiscal year 2021 appropriation from the general fund estimated
at $34,524,000.

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SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative agreements, $2,342,177,000: Provided, That of the total amount appropriated, not to exceed $7,200 shall be available for official reception
and representation expenses: Provided further, That not to exceed
$25,000,000 shall remain available until expended: Provided further,

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PUBLIC LAW 116–260—DEC. 27, 2020

That each United States Attorney shall establish or participate
in a task force on human trafficking.

Human
trafficking.

UNITED STATES TRUSTEE SYSTEM FUND

For necessary expenses of the United States Trustee Program,
as authorized, $232,361,000, to remain available until expended:
Provided, That, notwithstanding any other provision of law, deposits
to the United States Trustee System Fund and amounts herein
appropriated shall be available in such amounts as may be necessary to pay refunds due depositors: Provided further, That, notwithstanding any other provision of law, fees deposited into the
Fund pursuant to section 589a(b) of title 28, United States Code
(as limited by section 1004(b) of the Bankruptcy Judgeship Act
of 2017 (division B of Public Law 115–72)), shall be retained and
used for necessary expenses in this appropriation and shall remain
available until expended: Provided further, That to the extent that
fees deposited into the Fund in fiscal year 2021, net of amounts
necessary to pay refunds due depositors, exceed $232,361,000, those
excess amounts shall be available in future fiscal years only to
the extent provided in advance in appropriations Acts: Provided
further, That the sum herein appropriated from the general fund
shall be reduced (1) as such fees are received during fiscal year
2021, net of amounts necessary to pay refunds due depositors,
(estimated at $318,000,000) and (2) to the extent that any remaining
general fund appropriations can be derived from amounts deposited
in the Fund in previous fiscal years that are not otherwise appropriated, so as to result in a final fiscal year 2021 appropriation
from the general fund estimated at $0.
SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION

For expenses necessary to carry out the activities of the Foreign
Claims Settlement Commission, including services as authorized
by section 3109 of title 5, United States Code, $2,366,000.
FEES AND EXPENSES OF WITNESSES

For fees and expenses of witnesses, for expenses of contracts
for the procurement and supervision of expert witnesses, for private
counsel expenses, including advances, and for expenses of foreign
counsel, $270,000,000, to remain available until expended, of which
not to exceed $16,000,000 is for construction of buildings for protected witness safesites; not to exceed $3,000,000 is for the purchase
and maintenance of armored and other vehicles for witness security
caravans; and not to exceed $25,000,000 is for the purchase,
installation, maintenance, and upgrade of secure telecommunications equipment and a secure automated information network
to store and retrieve the identities and locations of protected witnesses: Provided, That amounts made available under this heading
may not be transferred pursuant to section 205 of this Act.
SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE

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(INCLUDING TRANSFER OF FUNDS)

Determination.

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For necessary expenses of the Community Relations Service,
$18,000,000: Provided, That notwithstanding section 205 of this

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134 STAT. 1249

Act, upon a determination by the Attorney General that emergent
circumstances require additional funding for conflict resolution and
violence prevention activities of the Community Relations Service,
the Attorney General may transfer such amounts to the Community
Relations Service, from available appropriations for the current
fiscal year for the Department of Justice, as may be necessary
to respond to such circumstances: Provided further, That any
transfer pursuant to the preceding proviso shall be treated as
a reprogramming under section 505 of this Act and shall not be
available for obligation or expenditure except in compliance with
the procedures set forth in that section.
ASSETS FORFEITURE FUND

For expenses authorized by subparagraphs (B), (F), and (G)
of section 524(c)(1) of title 28, United States Code, $20,514,000,
to be derived from the Department of Justice Assets Forfeiture
Fund.
UNITED STATES MARSHALS SERVICE
SALARIES AND EXPENSES

For necessary expenses of the United States Marshals Service,
$1,496,000,000, of which not to exceed $6,000 shall be available
for official reception and representation expenses, and not to exceed
$25,000,000 shall remain available until expended.
CONSTRUCTION

For construction in space that is controlled, occupied, or utilized
by the United States Marshals Service for prisoner holding and
related support, $15,000,000, to remain available until expended.
FEDERAL PRISONER DETENTION

For necessary expenses related to United States prisoners in
the custody of the United States Marshals Service as authorized
by section 4013 of title 18, United States Code, $2,046,609,000,
to remain available until expended: Provided, That not to exceed
$20,000,000 shall be considered ‘‘funds appropriated for State and
local law enforcement assistance’’ pursuant to section 4013(b) of
title 18, United States Code: Provided further, That the United
States Marshals Service shall be responsible for managing the
Justice Prisoner and Alien Transportation System.
NATIONAL SECURITY DIVISION
SALARIES AND EXPENSES

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(INCLUDING TRANSFER OF FUNDS)

For expenses necessary to carry out the activities of the
National Security Division, $117,451,000, of which not to exceed
$5,000,000 for information technology systems shall remain available until expended: Provided, That notwithstanding section 205
of this Act, upon a determination by the Attorney General that
emergent circumstances require additional funding for the activities

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Determination.

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134 STAT. 1250

PUBLIC LAW 116–260—DEC. 27, 2020

of the National Security Division, the Attorney General may
transfer such amounts to this heading from available appropriations
for the current fiscal year for the Department of Justice, as may
be necessary to respond to such circumstances: Provided further,
That any transfer pursuant to the preceding proviso shall be treated
as a reprogramming under section 505 of this Act and shall not
be available for obligation or expenditure except in compliance
with the procedures set forth in that section.
INTERAGENCY LAW ENFORCEMENT
INTERAGENCY CRIME AND DRUG ENFORCEMENT

For necessary expenses for the identification, investigation, and
prosecution of individuals associated with the most significant drug
trafficking organizations, transnational organized crime, and money
laundering organizations not otherwise provided for, to include
inter-governmental agreements with State and local law enforcement agencies engaged in the investigation and prosecution of
individuals involved in transnational organized crime and drug
trafficking, $550,458,000, of which $50,000,000 shall remain available until expended: Provided, That any amounts obligated from
appropriations under this heading may be used under authorities
available to the organizations reimbursed from this appropriation.
FEDERAL BUREAU

OF INVESTIGATION

SALARIES AND EXPENSES

For necessary expenses of the Federal Bureau of Investigation
for detection, investigation, and prosecution of crimes against the
United States, $9,748,686,000, of which not to exceed $216,900,000
shall remain available until expended: Provided, That not to exceed
$284,000 shall be available for official reception and representation
expenses.
CONSTRUCTION

For necessary expenses, to include the cost of equipment, furniture, and information technology requirements, related to
construction or acquisition of buildings, facilities, and sites by purchase, or as otherwise authorized by law; conversion, modification,
and extension of federally owned buildings; preliminary planning
and design of projects; and operation and maintenance of secure
work environment facilities and secure networking capabilities;
$566,100,000, to remain available until expended.
DRUG ENFORCEMENT ADMINISTRATION

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SALARIES AND EXPENSES

For necessary expenses of the Drug Enforcement Administration, including not to exceed $70,000 to meet unforeseen emergencies of a confidential character pursuant to section 530C of
title 28, United States Code; and expenses for conducting drug
education and training programs, including travel and related
expenses for participants in such programs and the distribution
of items of token value that promote the goals of such programs,

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134 STAT. 1251

$2,336,263,000, of which not to exceed $75,000,000 shall remain
available until expended and not to exceed $90,000 shall be available for official reception and representation expenses: Provided,
That, notwithstanding section 3672 of Public Law 106–310, up
to $10,000,000 may be used to reimburse States, units of local
government, Indian Tribal Governments, other public entities, and
multi-jurisdictional or regional consortia thereof for expenses
incurred to clean up and safely dispose of substances associated
with clandestine methamphetamine laboratories, conversion and
extraction operations, tableting operations, or laboratories and processing operations for fentanyl and fentanyl-related substances
which may present a danger to public health or the environment.

Reimbursement.

CONSTRUCTION

For necessary expenses, to include the cost of preliminary planning and design, equipment, furniture, and information technology
requirements, related to the construction or acquisition of buildings,
facilities, and sites by purchase, or as otherwise authorized by
law, for the addition of a laboratory and warehouse to meet the
demand of testing drugs, including fentanyl, $50,000,000, to remain
available until expended.
BUREAU

OF

ALCOHOL, TOBACCO, FIREARMS

AND

EXPLOSIVES

SALARIES AND EXPENSES

For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms and Explosives, for training of State and local law enforcement
agencies with or without reimbursement, including training in
connection with the training and acquisition of canines for explosives and fire accelerants detection; and for provision of laboratory
assistance to State and local law enforcement agencies, with or
without reimbursement, $1,483,887,000, of which not to exceed
$36,000 shall be for official reception and representation expenses,
not to exceed $1,000,000 shall be available for the payment of
attorneys’ fees as provided by section 924(d)(2) of title 18, United
States Code, and not to exceed $25,000,000 shall remain available
until expended: Provided, That none of the funds appropriated
herein shall be available to investigate or act upon applications
for relief from Federal firearms disabilities under section 925(c)
of title 18, United States Code: Provided further, That such funds
shall be available to investigate and act upon applications filed
by corporations for relief from Federal firearms disabilities under
section 925(c) of title 18, United States Code: Provided further,
That no funds made available by this or any other Act may be
used to transfer the functions, missions, or activities of the Bureau
of Alcohol, Tobacco, Firearms and Explosives to other agencies
or Departments.
FEDERAL PRISON SYSTEM
SALARIES AND EXPENSES

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(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Federal Prison System for the
administration, operation, and maintenance of Federal penal and

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42 USC 250a.

Contracts.
Determination.

Donations.

PUBLIC LAW 116–260—DEC. 27, 2020

correctional institutions, and for the provision of technical assistance and advice on corrections related issues to foreign governments, $7,708,375,000, of which not less than $409,483,000 shall
be for the programs and activities authorized by the First Step
Act of 2018 (Public Law 115–391): Provided, That the Attorney
General may transfer to the Department of Health and Human
Services such amounts as may be necessary for direct expenditures
by that Department for medical relief for inmates of Federal penal
and correctional institutions: Provided further, That the Director
of the Federal Prison System, where necessary, may enter into
contracts with a fiscal agent or fiscal intermediary claims processor
to determine the amounts payable to persons who, on behalf of
the Federal Prison System, furnish health services to individuals
committed to the custody of the Federal Prison System: Provided
further, That not to exceed $5,400 shall be available for official
reception and representation expenses: Provided further, That not
to exceed $50,000,000 shall remain available until expended for
necessary operations: Provided further, That, of the amounts provided for contract confinement, not to exceed $20,000,000 shall
remain available until expended to make payments in advance
for grants, contracts and reimbursable agreements, and other
expenses: Provided further, That the Director of the Federal Prison
System may accept donated property and services relating to the
operation of the prison card program from a not-for-profit entity
which has operated such program in the past, notwithstanding
the fact that such not-for-profit entity furnishes services under
contracts to the Federal Prison System relating to the operation
of pre-release services, halfway houses, or other custodial facilities.
BUILDINGS AND FACILITIES

Prison labor.

For planning, acquisition of sites, and construction of new facilities; purchase and acquisition of facilities and remodeling, and
equipping of such facilities for penal and correctional use, including
all necessary expenses incident thereto, by contract or force account;
and constructing, remodeling, and equipping necessary buildings
and facilities at existing penal and correctional institutions,
including all necessary expenses incident thereto, by contract or
force account, $127,000,000, to remain available until expended:
Provided, That labor of United States prisoners may be used for
work performed under this appropriation.
FEDERAL PRISON INDUSTRIES, INCORPORATED

Contracts.

The Federal Prison Industries, Incorporated, is hereby authorized to make such expenditures within the limits of funds and
borrowing authority available, and in accord with the law, and
to make such contracts and commitments without regard to fiscal
year limitations as provided by section 9104 of title 31, United
States Code, as may be necessary in carrying out the program
set forth in the budget for the current fiscal year for such corporation.

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LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON
INDUSTRIES, INCORPORATED

Not to exceed $2,700,000 of the funds of the Federal Prison
Industries, Incorporated, shall be available for its administrative

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134 STAT. 1253

expenses, and for services as authorized by section 3109 of title
5, United States Code, to be computed on an accrual basis to
be determined in accordance with the corporation’s current prescribed accounting system, and such amounts shall be exclusive
of depreciation, payment of claims, and expenditures which such
accounting system requires to be capitalized or charged to cost
of commodities acquired or produced, including selling and shipping
expenses, and expenses in connection with acquisition, construction,
operation, maintenance, improvement, protection, or disposition of
facilities and other property belonging to the corporation or in
which it has an interest.
STATE

AND

LOCAL LAW ENFORCEMENT ACTIVITIES

OFFICE

ON

VIOLENCE AGAINST WOMEN

VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION
PROGRAMS

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(INCLUDING TRANSFER OF FUNDS)

For grants, contracts, cooperative agreements, and other assistance for the prevention and prosecution of violence against women,
as authorized by the Omnibus Crime Control and Safe Streets
Act of 1968 (34 U.S.C. 10101 et seq.) (‘‘the 1968 Act’’); the Violent
Crime Control and Law Enforcement Act of 1994 (Public Law
103–322) (‘‘the 1994 Act’’); the Victims of Child Abuse Act of 1990
(Public Law 101–647) (‘‘the 1990 Act’’); the Prosecutorial Remedies
and Other Tools to end the Exploitation of Children Today Act
of 2003 (Public Law 108–21); the Juvenile Justice and Delinquency
Prevention Act of 1974 (34 U.S.C. 11101 et seq.) (‘‘the 1974 Act’’);
the Victims of Trafficking and Violence Protection Act of 2000
(Public Law 106–386) (‘‘the 2000 Act’’); the Violence Against Women
and Department of Justice Reauthorization Act of 2005 (Public
Law 109–162) (‘‘the 2005 Act’’); the Violence Against Women
Reauthorization Act of 2013 (Public Law 113–4) (‘‘the 2013 Act’’);
the Rape Survivor Child Custody Act of 2015 (Public Law 114–
22) (‘‘the 2015 Act’’); and the Abolish Human Trafficking Act (Public
Law 115–392); and for related victims services, $513,500,000, to
remain available until expended, of which $435,000,000 shall be
derived by transfer from amounts available for obligation in this
Act from the Fund established by section 1402 of chapter XIV
of title II of Public Law 98–473 (34 U.S.C. 20101), notwithstanding
section 1402(d) of such Act of 1984, and merged with the amounts
otherwise made available under this heading: Provided, That except
as otherwise provided by law, not to exceed 5 percent of funds
made available under this heading may be used for expenses related
to evaluation, training, and technical assistance: Provided further,
That any balances remaining available from prior year appropriations under this heading for tracking violence against Indian
women, as authorized by section 905 of the 2005 Act, shall also
be available to enhance the ability of Tribal Government entities
to access, enter information into, and obtain information from,
Federal criminal information databases, as authorized by section
534 of title 28, United States Code: Provided further, That some
or all of such balances may be transferred, at the discretion of
the Attorney General, to ‘‘General Administration, Justice Information Sharing Technology’’ for the Tribal Access Program for national

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Applicability.

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PUBLIC LAW 116–260—DEC. 27, 2020

crime information in furtherance of this purpose: Provided further,
That the authority to transfer funds under the previous proviso
shall be in addition to any other transfer authority contained in
this Act: Provided further, That of the amount provided—
(1) $215,000,000 is for grants to combat violence against
women, as authorized by part T of the 1968 Act;
(2) $40,000,000 is for transitional housing assistance grants
for victims of domestic violence, dating violence, stalking, or
sexual assault as authorized by section 40299 of the 1994
Act;
(3) $2,500,000 is for the National Institute of Justice and
the Bureau of Justice Statistics for research, evaluation, and
statistics of violence against women and related issues
addressed by grant programs of the Office on Violence Against
Women, which shall be transferred to ‘‘Research, Evaluation
and Statistics’’ for administration by the Office of Justice Programs;
(4) $12,000,000 is for a grant program to provide services
to advocate for and respond to youth victims of domestic
violence, dating violence, sexual assault, and stalking; assistance to children and youth exposed to such violence; programs
to engage men and youth in preventing such violence; and
assistance to middle and high school students through education and other services related to such violence: Provided,
That unobligated balances available for the programs authorized by sections 41201, 41204, 41303, and 41305 of the 1994
Act, prior to its amendment by the 2013 Act, shall be available
for this program: Provided further, That 10 percent of the
total amount available for this grant program shall be available
for grants under the program authorized by section 2015 of
the 1968 Act: Provided further, That the definitions and grant
conditions in section 40002 of the 1994 Act shall apply to
this program;
(5) $53,000,000 is for grants to encourage arrest policies
as authorized by part U of the 1968 Act, of which $4,000,000
is for a homicide reduction initiative;
(6) $41,000,000 is for sexual assault victims assistance,
as authorized by section 41601 of the 1994 Act;
(7) $45,000,000 is for rural domestic violence and child
abuse enforcement assistance grants, as authorized by section
40295 of the 1994 Act;
(8) $20,000,000 is for grants to reduce violent crimes
against women on campus, as authorized by section 304 of
the 2005 Act;
(9) $47,000,000 is for legal assistance for victims, as authorized by section 1201 of the 2000 Act;
(10) $5,500,000 is for enhanced training and services to
end violence against and abuse of women in later life, as
authorized by section 40801 of the 1994 Act;
(11) $18,000,000 is for grants to support families in the
justice system, as authorized by section 1301 of the 2000 Act:
Provided, That unobligated balances available for the programs
authorized by section 1301 of the 2000 Act and section 41002
of the 1994 Act, prior to their amendment by the 2013 Act,
shall be available for this program;

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1255

(12) $6,500,000 is for education and training to end violence
against and abuse of women with disabilities, as authorized
by section 1402 of the 2000 Act;
(13) $1,000,000 is for the National Resource Center on
Workplace Responses to assist victims of domestic violence,
as authorized by section 41501 of the 1994 Act;
(14) $1,000,000 is for analysis and research on violence
against Indian women, including as authorized by section 904
of the 2005 Act: Provided, That such funds may be transferred
to ‘‘Research, Evaluation and Statistics’’ for administration by
the Office of Justice Programs;
(15) $500,000 is for a national clearinghouse that provides
training and technical assistance on issues relating to sexual
assault of American Indian and Alaska Native women;
(16) $4,000,000 is for grants to assist Tribal Governments
in exercising special domestic violence criminal jurisdiction,
as authorized by section 904 of the 2013 Act: Provided, That
the grant conditions in section 40002(b) of the 1994 Act shall
apply to this program; and
(17) $1,500,000 is for the purposes authorized under the
2015 Act.
OFFICE

OF

JUSTICE PROGRAMS

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RESEARCH, EVALUATION AND STATISTICS

For grants, contracts, cooperative agreements, and other assistance authorized by title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (‘‘the 1968 Act’’); the Violent Crime Control
and Law Enforcement Act of 1994 (Public Law 103–322) (‘‘the
1994 Act’’); the Juvenile Justice and Delinquency Prevention Act
of 1974 (‘‘the 1974 Act’’); the Missing Children’s Assistance Act
(34 U.S.C. 11291 et seq.); the Prosecutorial Remedies and Other
Tools to end the Exploitation of Children Today Act of 2003 (Public
Law 108–21) (‘‘the PROTECT Act’’); the Justice for All Act of
2004 (Public Law 108–405); the Violence Against Women and
Department of Justice Reauthorization Act of 2005 (Public Law
109–162) (‘‘the 2005 Act’’); the Victims of Child Abuse Act of 1990
(Public Law 101–647); the Second Chance Act of 2007 (Public Law
110–199); the Victims of Crime Act of 1984 (Public Law 98–473);
the Adam Walsh Child Protection and Safety Act of 2006 (Public
Law 109–248) (‘‘the Adam Walsh Act’’); the PROTECT Our Children
Act of 2008 (Public Law 110–401); subtitle C of title II of the
Homeland Security Act of 2002 (Public Law 107–296) (‘‘the 2002
Act’’); the Prison Rape Elimination Act of 2003 (Public Law 108–
79) (‘‘PREA’’); the NICS Improvement Amendments Act of 2007
(Public Law 110–180); the Violence Against Women Reauthorization
Act of 2013 (Public Law 113–4) (‘‘the 2013 Act’’); the Comprehensive
Addiction and Recovery Act of 2016 (Public Law 114–198); the
First Step Act of 2018 (Public Law 115–391); and other programs,
$82,000,000, to remain available until expended, of which—
(1) $45,000,000 is for criminal justice statistics programs,
and other activities, as authorized by part C of title I of the
1968 Act, of which $3,000,000 is for a data collection on law
enforcement suicide; and
(2) $37,000,000 is for research, development, and evaluation
programs, and other activities as authorized by part B of title

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PUBLIC LAW 116–260—DEC. 27, 2020
I of the 1968 Act and subtitle C of title II of the 2002 Act,
and for activities authorized by or consistent with the First
Step Act of 2018, of which $6,000,000 is for research targeted
toward developing a better understanding of the domestic
radicalization phenomenon, and advancing evidence-based
strategies for effective intervention and prevention; $1,000,000
is for research to study the root causes of school violence
to include the impact and effectiveness of grants made under
the STOP School Violence Act; $1,500,000 is for a national
study to identify improvements for law enforcement officials
who respond to and investigate child pornography crimes;
$4,000,000 is for the research, design, and testing of a scalable
national model to reduce incarceration rates for minor probation
and parole violations; and not less than $2,000,000 is for
research, testing, and evaluation of the use of counterunmanned aircraft systems in support of law enforcement operations.
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

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(INCLUDING TRANSFER OF FUNDS)

For grants, contracts, cooperative agreements, and other assistance authorized by the Violent Crime Control and Law Enforcement
Act of 1994 (Public Law 103–322) (‘‘the 1994 Act’’); the Omnibus
Crime Control and Safe Streets Act of 1968 (Public Law 90–351)
(‘‘the 1968 Act’’); the Justice for All Act of 2004 (Public Law 108–
405); the Victims of Child Abuse Act of 1990 (Public Law 101–
647) (‘‘the 1990 Act’’); the Trafficking Victims Protection Reauthorization Act of 2005 (Public Law 109–164); the Violence Against
Women and Department of Justice Reauthorization Act of 2005
(Public Law 109–162) (‘‘the 2005 Act’’); the Adam Walsh Child
Protection and Safety Act of 2006 (Public Law 109–248) (‘‘the Adam
Walsh Act’’); the Victims of Trafficking and Violence Protection
Act of 2000 (Public Law 106–386); the NICS Improvement Amendments Act of 2007 (Public Law 110–180); subtitle C of title II
of the Homeland Security Act of 2002 (Public Law 107–296) (‘‘the
2002 Act’’); the Prison Rape Elimination Act of 2003 (Public Law
108–79); the Second Chance Act of 2007 (Public Law 110–199);
the Prioritizing Resources and Organization for Intellectual Property Act of 2008 (Public Law 110–403); the Victims of Crime Act
of 1984 (Public Law 98–473); the Mentally Ill Offender Treatment
and Crime Reduction Reauthorization and Improvement Act of 2008
(Public Law 110–416); the Violence Against Women Reauthorization
Act of 2013 (Public Law 113–4) (‘‘the 2013 Act’’); the Comprehensive
Addiction and Recovery Act of 2016 (Public Law 114–198) (‘‘CARA’’);
the Justice for All Reauthorization Act of 2016 (Public Law 114–
324); Kevin and Avonte’s Law (division Q of Public Law 115–
141) (‘‘Kevin and Avonte’s Law’’); the Keep Young Athletes Safe
Act of 2018 (title III of division S of Public Law 115–141) (‘‘the
Keep Young Athletes Safe Act’’); the STOP School Violence Act
of 2018 (title V of division S of Public Law 115–141) (‘‘the STOP
School Violence Act’’); the Fix NICS Act of 2018 (title VI of division
S of Public Law 115–141); the Project Safe Neighborhoods Grant
Program Authorization Act of 2018 (Public Law 115–185); the SUPPORT for Patients and Communities Act (Public Law 115–271);
the Second Chance Reauthorization Act of 2018 (Public Law 115–

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134 STAT. 1257

391); the Matthew Shepard and James Byrd, Jr. Hate Crimes
Prevention Act (Public Law 111–84); the Ashanti Alert Act of 2018
(Public Law 115–401); and other programs, $1,914,000,000, to
remain available until expended as follows—
(1) $484,000,000 for the Edward Byrne Memorial Justice
Assistance Grant program as authorized by subpart 1 of part
E of title I of the 1968 Act (except that section 1001(c), and
the special rules for Puerto Rico under section 505(g), of title
I of the 1968 Act shall not apply for purposes of this Act),
of which, notwithstanding such subpart 1—
(A) $13,000,000 is for an Officer Robert Wilson III
memorial initiative on Preventing Violence Against Law
Enforcement and Ensuring Officer Resilience and Survivability (VALOR);
(B) $8,000,000 is for an initiative to support evidencebased policing;
(C) $8,000,000 is for an initiative to enhance prosecutorial decision-making;
(D) $2,400,000 is for the operation, maintenance, and
expansion of the National Missing and Unidentified Persons System;
(E) $7,500,000 is for a grant program for State and
local law enforcement to provide officer training on
responding to individuals with mental illness or disabilities;
(F) $2,000,000 is for a student loan repayment assistance program pursuant to section 952 of Public Law 110–
315;
(G) $15,500,000 is for prison rape prevention and
prosecution grants to States and units of local government,
and other programs, as authorized by the Prison Rape
Elimination Act of 2003 (Public Law 108–79);
(H) $3,000,000 is for a grant program authorized by
Kevin and Avonte’s Law;
(I) $4,000,000 is for the establishment of a national
center on forensics at an accredited university of higher
education with affiliate medical and law schools, in partnership with a co-located full-service State department of
forensic science with a medical examiner function;
(J) $20,000,000 is for grants authorized under the
Project Safe Neighborhoods Grant Authorization Act of
2018 (Public Law 115–185);
(K) $7,000,000 is for the Capital Litigation Improvement Grant Program, as authorized by section 426 of Public
Law 108–405, and for grants for wrongful conviction review;
(L) $14,000,000 is for community-based violence
prevention initiatives;
(M) $3,000,000 is for a national center for restorative
justice;
(N) $1,000,000 is for the purposes of the Ashanti Alert
Network as authorized under the Ashanti Alert Act of
2018 (Public Law 115–401);
(O) $3,500,000 is for a grant program to replicate
family-based alternative sentencing pilot programs;
(P) $1,000,000 is for a grant program to support child
advocacy training in post-secondary education;
(Q) $7,000,000 is for a rural violent crime initiative,
including assistance for law enforcement;

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PUBLIC LAW 116–260—DEC. 27, 2020
(R) $2,000,000 is for grants to States and units of
local government to deploy managed access systems to
combat contraband cell phone use in prison; and
(S) $2,000,000 is for grants for development of childfriendly family visitation spaces in correctional facilities;
(2) $244,000,000 for the State Criminal Alien Assistance
Program, as authorized by section 241(i)(5) of the Immigration
and Nationality Act (8 U.S.C. 1231(i)(5)): Provided, That no
jurisdiction shall request compensation for any cost greater
than the actual cost for Federal immigration and other
detainees housed in State and local detention facilities;
(3) $85,000,000 for victim services programs for victims
of trafficking, as authorized by section 107(b)(2) of Public Law
106–386, for programs authorized under Public Law 109–164,
or programs authorized under Public Law 113–4;
(4) $12,000,000 for economic, high technology, white collar,
and Internet crime prevention grants, including as authorized
by section 401 of Public Law 110–403, of which $2,500,000
is for competitive grants that help State and local law enforcement tackle intellectual property thefts, and $2,000,000 is for
grants to develop databases on Internet of Things device
capabilities and to build and execute training modules for law
enforcement;
(5) $20,000,000 for sex offender management assistance,
as authorized by the Adam Walsh Act, and related activities;
(6) $30,000,000 for the Patrick Leahy Bulletproof Vest Partnership Grant Program, as authorized by section 2501 of title
I of the 1968 Act: Provided, That $1,500,000 is transferred
directly to the National Institute of Standards and Technology’s
Office of Law Enforcement Standards for research, testing,
and evaluation programs;
(7) $1,000,000 for the National Sex Offender Public
Website;
(8) $85,000,000 for grants to States to upgrade criminal
and mental health records for the National Instant Criminal
Background Check System, of which no less than $25,000,000
shall be for grants made under the authorities of the NICS
Improvement Amendments Act of 2007 (Public Law 110–180)
and Fix NICS Act of 2018;
(9) $33,000,000 for Paul Coverdell Forensic Sciences
Improvement Grants under part BB of title I of the 1968
Act;
(10) $141,000,000 for DNA-related and forensic programs
and activities, of which—
(A) $110,000,000 is for the purposes authorized under
section 2 of the DNA Analysis Backlog Elimination Act
of 2000 (Public Law 106–546) (the Debbie Smith DNA
Backlog Grant Program): Provided, That up to 4 percent
of funds made available under this paragraph may be
used for the purposes described in the DNA Training and
Education for Law Enforcement, Correctional Personnel,
and Court Officers program (Public Law 108–405, section
303);
(B) $19,000,000 for other local, State, and Federal
forensic activities;

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134 STAT. 1259

(C) $8,000,000 is for the purposes described in the
Kirk Bloodsworth Post-Conviction DNA Testing Grant Program (Public Law 108–405, section 412); and
(D) $4,000,000 is for Sexual Assault Forensic Exam
Program grants, including as authorized by section 304
of Public Law 108–405;
(11) $48,000,000 for a grant program for community-based
sexual assault response reform;
(12) $12,500,000 for the court-appointed special advocate
program, as authorized by section 217 of the 1990 Act;
(13) $46,000,000 for assistance to Indian Tribes;
(14) $100,000,000 for offender reentry programs and
research, as authorized by the Second Chance Act of 2007
(Public Law 110–199) and by the Second Chance Reauthorization Act of 2018 (Public Law 115–391), without regard to the
time limitations specified at section 6(1) of such Act, of which
not to exceed $6,000,000 is for a program to improve State,
local, and Tribal probation or parole supervision efforts and
strategies; $5,000,000 is for Children of Incarcerated Parents
Demonstrations to enhance and maintain parental and family
relationships for incarcerated parents as a reentry or recidivism
reduction strategy; and $4,500,000 is for additional replication
sites employing the Project HOPE Opportunity Probation with
Enforcement model implementing swift and certain sanctions
in probation, of which no less than $500,000 shall be used
for a project that provides training, technical assistance, and
best practices: Provided, That up to $7,500,000 of funds made
available in this paragraph may be used for performance-based
awards for Pay for Success projects, of which up to $5,000,000
shall be for Pay for Success programs implementing the Permanent Supportive Housing Model;
(15) $394,000,000 for comprehensive opioid abuse reduction
activities, including as authorized by CARA, and for the following programs, which shall address opioid, stimulant, and
substance abuse reduction consistent with underlying program
authorities—
(A) $83,000,000 for Drug Courts, as authorized by section 1001(a)(25)(A) of title I of the 1968 Act;
(B) $35,000,000 for mental health courts and adult
and juvenile collaboration program grants, as authorized
by parts V and HH of title I of the 1968 Act, and the
Mentally Ill Offender Treatment and Crime Reduction
Reauthorization and Improvement Act of 2008 (Public Law
110–416);
(C) $34,000,000 for grants for Residential Substance
Abuse Treatment for State Prisoners, as authorized by
part S of title I of the 1968 Act;
(D) $25,000,000 for a veterans treatment courts program;
(E) $32,000,000 for a program to monitor prescription
drugs and scheduled listed chemical products; and
(F) $185,000,000 for a comprehensive opioid, stimulant,
and substance abuse program;
(16) $2,500,000 for a competitive grant program authorized
by the Keep Young Athletes Safe Act;

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PUBLIC LAW 116–260—DEC. 27, 2020

(17) $79,000,000 for grants to be administered by the
Bureau of Justice Assistance for purposes authorized under
the STOP School Violence Act;
(18) $2,000,000 for grants to State and local law enforcement agencies for the expenses associated with the investigation and prosecution of criminal offenses, involving civil rights,
authorized by the Emmett Till Unsolved Civil Rights Crimes
Reauthorization Act of 2016 (Public Law 114–325);
(19) $5,000,000 for grants to State, local, and Tribal law
enforcement agencies to conduct educational outreach and
training on hate crimes and to investigate and prosecute hate
crimes, as authorized by section 4704 of the Matthew Shepard
and James Byrd, Jr. Hate Crimes Prevention Act (Public Law
111–84); and
(20) $90,000,000 for initiatives to improve police-community
relations, of which $35,000,000 is for a competitive matching
grant program for purchases of body-worn cameras for State,
local, and Tribal law enforcement; $33,000,000 is for a justice
reinvestment initiative, for activities related to criminal justice
reform and recidivism reduction; and $22,000,000 is for an
Edward Byrne Memorial criminal justice innovation program:
Provided, That, if a unit of local government uses any of the
funds made available under this heading to increase the number
of law enforcement officers, the unit of local government will achieve
a net gain in the number of law enforcement officers who perform
non-administrative public sector safety service.

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JUVENILE JUSTICE PROGRAMS

For grants, contracts, cooperative agreements, and other assistance authorized by the Juvenile Justice and Delinquency Prevention
Act of 1974 (‘‘the 1974 Act’’); the Omnibus Crime Control and
Safe Streets Act of 1968 (‘‘the 1968 Act’’); the Violence Against
Women and Department of Justice Reauthorization Act of 2005
(Public Law 109–162) (‘‘the 2005 Act’’); the Missing Children’s
Assistance Act (34 U.S.C. 11291 et seq.); the Prosecutorial Remedies
and Other Tools to end the Exploitation of Children Today Act
of 2003 (Public Law 108–21); the Victims of Child Abuse Act of
1990 (Public Law 101–647) (‘‘the 1990 Act’’); the Adam Walsh
Child Protection and Safety Act of 2006 (Public Law 109–248)
(‘‘the Adam Walsh Act’’); the PROTECT Our Children Act of 2008
(Public Law 110–401); the Violence Against Women Reauthorization
Act of 2013 (Public Law 113–4) (‘‘the 2013 Act’’); the Justice for
All Reauthorization Act of 2016 (Public Law 114–324); the Missing
Children’s Assistance Act of 2018 (Public Law 115–267); the Juvenile Justice Reform Act of 2018 (Public Law 115–385); and other
juvenile justice programs, $346,000,000, to remain available until
expended as follows—
(1) $67,000,000 for programs authorized by section 221
of the 1974 Act, and for training and technical assistance
to assist small, nonprofit organizations with the Federal grants
process: Provided, That of the amounts provided under this
paragraph, $500,000 shall be for a competitive demonstration
grant program to support emergency planning among State,
local, and Tribal juvenile justice residential facilities;
(2) $100,000,000 for youth mentoring grants;

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(3) $49,000,000 for delinquency prevention, of which, pursuant to sections 261 and 262 of the 1974 Act—
(A) $2,000,000 shall be for grants to prevent trafficking
of girls;
(B) $10,000,000 shall be for the Tribal Youth Program;
(C) $500,000 shall be for an Internet site providing
information and resources on children of incarcerated parents;
(D) $3,000,000 shall be for competitive grants focusing
on girls in the juvenile justice system;
(E) $10,000,000 shall be for an opioid-affected youth
initiative; and
(F) $8,000,000 shall be for an initiative relating to
children exposed to violence;
(4) $30,000,000 for programs authorized by the Victims
of Child Abuse Act of 1990;
(5) $94,000,000 for missing and exploited children programs, including as authorized by sections 404(b) and 405(a)
of the 1974 Act (except that section 102(b)(4)(B) of the PROTECT Our Children Act of 2008 (Public Law 110–401) shall
not apply for purposes of this Act);
(6) $3,500,000 for child abuse training programs for judicial
personnel and practitioners, as authorized by section 222 of
the 1990 Act; and
(7) $2,500,000 for a program to improve juvenile indigent
defense:
Provided, That not more than 10 percent of each amount may
be used for research, evaluation, and statistics activities designed
to benefit the programs or activities authorized: Provided further,
That not more than 2 percent of the amounts designated under
paragraphs (1) through (3) and (6) may be used for training and
technical assistance: Provided further, That the two preceding provisos shall not apply to grants and projects administered pursuant
to sections 261 and 262 of the 1974 Act and to missing and exploited
children programs.
PUBLIC SAFETY OFFICER BENEFITS

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(INCLUDING TRANSFER OF FUNDS)

For payments and expenses authorized under section 1001(a)(4)
of title I of the Omnibus Crime Control and Safe Streets Act
of 1968, such sums as are necessary (including amounts for administrative costs), to remain available until expended; and $24,800,000
for payments authorized by section 1201(b) of such Act and for
educational assistance authorized by section 1218 of such Act, to
remain available until expended: Provided, That notwithstanding
section 205 of this Act, upon a determination by the Attorney
General that emergent circumstances require additional funding
for such disability and education payments, the Attorney General
may transfer such amounts to ‘‘Public Safety Officer Benefits’’ from
available appropriations for the Department of Justice as may
be necessary to respond to such circumstances: Provided further,
That any transfer pursuant to the preceding proviso shall be treated
as a reprogramming under section 505 of this Act and shall not
be available for obligation or expenditure except in compliance
with the procedures set forth in that section.

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Determination.

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PUBLIC LAW 116–260—DEC. 27, 2020
COMMUNITY ORIENTED POLICING SERVICES
COMMUNITY ORIENTED POLICING SERVICES PROGRAMS

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(INCLUDING TRANSFER OF FUNDS)

For activities authorized by the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103–322); the Omnibus
Crime Control and Safe Streets Act of 1968 (‘‘the 1968 Act’’); the
Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109–162) (‘‘the 2005 Act’’); the American Law Enforcement Heroes Act of 2017 (Public Law 115–37);
the Law Enforcement Mental Health and Wellness Act (Public
Law 115–113) (‘‘the LEMHW Act’’); the SUPPORT for Patients
and Communities Act (Public Law 115–271); and the Supporting
and Treating Officers In Crisis Act of 2019 (Public Law 116-32)
(‘‘the STOIC Act’’), $386,000,000, to remain available until
expended: Provided, That any balances made available through
prior year deobligations shall only be available in accordance with
section 505 of this Act: Provided further, That of the amount provided under this heading—
(1) $237,000,000 is for grants under section 1701 of title
I of the 1968 Act (34 U.S.C. 10381) for the hiring and rehiring
of additional career law enforcement officers under part Q
of such title notwithstanding subsection (i) of such section:
Provided, That, notwithstanding section 1704(c) of such title
(34 U.S.C. 10384(c)), funding for hiring or rehiring a career
law enforcement officer may not exceed $125,000 unless the
Director of the Office of Community Oriented Policing Services
grants a waiver from this limitation: Provided further, That
within the amounts appropriated under this paragraph,
$29,500,000 is for improving Tribal law enforcement, including
hiring, equipment, training, anti-methamphetamine activities,
and anti-opioid activities: Provided further, That of the amounts
appropriated under this paragraph $40,000,000 is for regional
information sharing activities, as authorized by part M of title
I of the 1968 Act, which shall be transferred to and merged
with ‘‘Research, Evaluation, and Statistics’’ for administration
by the Office of Justice Programs: Provided further, That within
the amounts appropriated under this paragraph, no less than
$3,000,000 is to support the Tribal Access Program: Provided
further, That within the amounts appropriated under this paragraph, $8,000,000 is for training, peer mentoring, mental health
program activities, and other support services as authorized
under the LEMHW Act and STOIC Act;
(2) $11,000,000 is for activities authorized by the POLICE
Act of 2016 (Public Law 114–199);
(3) $15,000,000 is for competitive grants to State law
enforcement agencies in States with high seizures of precursor
chemicals, finished methamphetamine, laboratories, and laboratory dump seizures: Provided, That funds appropriated under
this paragraph shall be utilized for investigative purposes to
locate or investigate illicit activities, including precursor diversion, laboratories, or methamphetamine traffickers;
(4) $35,000,000 is for competitive grants to statewide law
enforcement agencies in States with high rates of primary
treatment admissions for heroin and other opioids: Provided,

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That these funds shall be utilized for investigative purposes
to locate or investigate illicit activities, including activities
related to the distribution of heroin or unlawful distribution
of prescription opioids, or unlawful heroin and prescription
opioid traffickers through statewide collaboration;
(5) $53,000,000 is for competitive grants to be administered
by the Community Oriented Policing Services Office for purposes authorized under the STOP School Violence Act (title
V of division S of Public Law 115–141); and
(6) $35,000,000 is for community policing development
activities in furtherance of section 1701 of title I of the 1968
Act (34 U.S.C. 10381).
GENERAL PROVISIONS—DEPARTMENT

JUSTICE

OF

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(INCLUDING TRANSFER OF FUNDS)

SEC. 201. In addition to amounts otherwise made available
in this title for official reception and representation expenses, a
total of not to exceed $50,000 from funds appropriated to the Department of Justice in this title shall be available to the Attorney
General for official reception and representation expenses.
SEC. 202. None of the funds appropriated by this title shall
be available to pay for an abortion, except where the life of the
mother would be endangered if the fetus were carried to term,
or in the case of rape or incest: Provided, That should this prohibition be declared unconstitutional by a court of competent jurisdiction, this section shall be null and void.
SEC. 203. None of the funds appropriated under this title shall
be used to require any person to perform, or facilitate in any
way the performance of, any abortion.
SEC. 204. Nothing in the preceding section shall remove the
obligation of the Director of the Bureau of Prisons to provide escort
services necessary for a female inmate to receive such service outside the Federal facility: Provided, That nothing in this section
in any way diminishes the effect of section 203 intended to address
the philosophical beliefs of individual employees of the Bureau
of Prisons.
SEC. 205. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Justice
in this Act may be transferred between such appropriations, but
no such appropriation, except as otherwise specifically provided,
shall be increased by more than 10 percent by any such transfers:
Provided, That any transfer pursuant to this section shall be treated
as a reprogramming of funds under section 505 of this Act and
shall not be available for obligation except in compliance with
the procedures set forth in that section.
SEC. 206. None of the funds made available under this title
may be used by the Federal Bureau of Prisons or the United
States Marshals Service for the purpose of transporting an individual who is a prisoner pursuant to conviction for crime under
State or Federal law and is classified as a maximum or high
security prisoner, other than to a prison or other facility certified
by the Federal Bureau of Prisons as appropriately secure for
housing such a prisoner.
SEC. 207. (a) None of the funds appropriated by this Act may
be used by Federal prisons to purchase cable television services,

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Abortion.

Abortion.

Abortion.

Prisons and
prisoners.

Prisons and
prisoners.

PUBL260A

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Certification.

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Applicability.

Determination.
Waiver authority.

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or to rent or purchase audiovisual or electronic media or equipment
used primarily for recreational purposes.
(b) Subsection (a) does not preclude the rental, maintenance,
or purchase of audiovisual or electronic media or equipment for
inmate training, religious, or educational programs.
SEC. 208. None of the funds made available under this title
shall be obligated or expended for any new or enhanced information
technology program having total estimated development costs in
excess of $100,000,000, unless the Deputy Attorney General and
the investment review board certify to the Committees on Appropriations of the House of Representatives and the Senate that
the information technology program has appropriate program
management controls and contractor oversight mechanisms in place,
and that the program is compatible with the enterprise architecture
of the Department of Justice.
SEC. 209. The notification thresholds and procedures set forth
in section 505 of this Act shall apply to deviations from the amounts
designated for specific activities in this Act and in the explanatory
statement described in section 4 (in the matter preceding division
A of this consolidated Act), and to any use of deobligated balances
of funds provided under this title in previous years.
SEC. 210. None of the funds appropriated by this Act may
be used to plan for, begin, continue, finish, process, or approve
a public-private competition under the Office of Management and
Budget Circular A–76 or any successor administrative regulation,
directive, or policy for work performed by employees of the Bureau
of Prisons or of Federal Prison Industries, Incorporated.
SEC. 211. Notwithstanding any other provision of law, no funds
shall be available for the salary, benefits, or expenses of any United
States Attorney assigned dual or additional responsibilities by the
Attorney General or his designee that exempt that United States
Attorney from the residency requirements of section 545 of title
28, United States Code.
SEC. 212. At the discretion of the Attorney General, and in
addition to any amounts that otherwise may be available (or authorized to be made available) by law, with respect to funds appropriated
by this title under the headings ‘‘Research, Evaluation and Statistics’’, ‘‘State and Local Law Enforcement Assistance’’, and ‘‘Juvenile
Justice Programs’’—
(1) up to 2 percent of funds made available to the Office
of Justice Programs for grant or reimbursement programs may
be used by such Office to provide training and technical assistance; and
(2) up to 2 percent of funds made available for grant
or reimbursement programs under such headings, except for
amounts appropriated specifically for research, evaluation, or
statistical programs administered by the National Institute
of Justice and the Bureau of Justice Statistics, shall be transferred to and merged with funds provided to the National
Institute of Justice and the Bureau of Justice Statistics, to
be used by them for research, evaluation, or statistical purposes,
without regard to the authorizations for such grant or
reimbursement programs.
SEC. 213. Upon request by a grantee for whom the Attorney
General has determined there is a fiscal hardship, the Attorney
General may, with respect to funds appropriated in this or any

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1265

other Act making appropriations for fiscal years 2018 through 2021
for the following programs, waive the following requirements:
(1) For the adult and juvenile offender State and local
reentry demonstration projects under part FF of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10631 et seq.), the requirements under section 2976(g)(1) of
such part (34 U.S.C. 10631(g)(1)).
(2) For grants to protect inmates and safeguard communities as authorized by section 6 of the Prison Rape Elimination
Act of 2003 (34 U.S.C. 30305(c)(3)), the requirements of section
6(c)(3) of such Act.
SEC. 214. Notwithstanding any other provision of law, section
20109(a) of subtitle A of title II of the Violent Crime Control
and Law Enforcement Act of 1994 (34 U.S.C. 12109(a)) shall not
apply to amounts made available by this or any other Act.
SEC. 215. None of the funds made available under this Act,
other than for the national instant criminal background check
system established under section 103 of the Brady Handgun
Violence Prevention Act (34 U.S.C. 40901), may be used by a
Federal law enforcement officer to facilitate the transfer of an
operable firearm to an individual if the Federal law enforcement
officer knows or suspects that the individual is an agent of a
drug cartel, unless law enforcement personnel of the United States
continuously monitor or control the firearm at all times.
SEC. 216. (a) None of the income retained in the Department
of Justice Working Capital Fund pursuant to title I of Public Law
102–140 (105 Stat. 784; 28 U.S.C. 527 note) shall be available
for obligation during fiscal year 2021, except up to $12,000,000
may be obligated for implementation of a unified Department of
Justice financial management system.
(b) Not to exceed $30,000,000 of the unobligated balances transferred to the capital account of the Department of Justice Working
Capital Fund pursuant to title I of Public Law 102–140 (105 Stat.
784; 28 U.S.C. 527 note) shall be available for obligation in fiscal
year 2021, and any use, obligation, transfer, or allocation of such
funds shall be treated as a reprogramming of funds under section
505 of this Act.
(c) Not to exceed $10,000,000 of the excess unobligated balances
available under section 524(c)(8)(E) of title 28, United States Code,
shall be available for obligation during fiscal year 2021, and any
use, obligation, transfer or allocation of such funds shall be treated
as a reprogramming of funds under section 505 of this Act.
SEC. 217. Discretionary funds that are made available in this
Act for the Office of Justice Programs may be used to participate
in Performance Partnership Pilots authorized under such authorities as have been enacted for Performance Partnership Pilots in
appropriations acts in prior fiscal years and the current fiscal
year.
SEC. 218. Section 1930(a)(6)(B) of title 28, United States Code,
shall be applied for this fiscal year and next fiscal year by substituting ‘‘ $300,000,000’’ for ‘‘ $200,000,000’’.
SEC. 219. Section 527 of title 28, United States Code, is
amended in the third sentence by inserting ‘‘: (1)’’ before ‘‘the
Department’’ and by inserting ‘‘; and (2) federally recognized tribes
for supplies, materials, and services related to access to Federal
law enforcement databases;’’ after ‘‘and services’’.

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Firearms.

Applicability.
28 USC 1930
note.

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PUBLIC LAW 116–260—DEC. 27, 2020

SEC. 220. Section 1825 of title 28, United States Code, is
amended:
(a) in subsections (a) and (b) by striking ‘‘United States marshal
for the district’’ each place it appears and inserting ‘‘Attorney General’’; and
(b) in subsection (c) by striking ‘‘United States marshal’’ and
inserting ‘‘Attorney General’’.
SEC. 221. Section 151 of the Foreign Relations Authorization
Act, Fiscal Years 1990 and 1991 (Public Law 101–246; 5 U.S.C.
5928 note), is amended—
(1) by striking ‘‘or’’ after ‘‘Drug Enforcement Administration’’ and inserting ‘‘, the’’; and
(2) by inserting ‘‘, or the United States Marshals Service’’
after ‘‘Federal Bureau of Investigation’’.
SEC. 222. There is hereby appropriated $5,000,000, to remain
available until expended, for an additional amount for ‘‘Department
of Justice—General Administration’’, for expenses associated with
the development and operation of a database concerning substantiated instances of excessive use of force related to law enforcement
matters and officer misconduct, as described by, and subject to
the requirements of, section 3 of Executive Order 13929 (June
16, 2020), as such Executive Order was in effect on the date of
the enactment of this Act: Provided, That the Attorney General
may transfer the funds provided in this section to other appropriations accounts in the Department of Justice to use for expenses
associated with the development and operation of such database:
Provided further, That the transfer authority in the preceding proviso is in addition to any other transfer authority contained in
this Act: Provided further, That any transfer pursuant to the first
proviso shall be treated as a reprogramming under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
This title may be cited as the ‘‘Department of Justice Appropriations Act, 2021’’.
TITLE III

Science
Appropriations
Act, 2021.

SCIENCE
OFFICE

OF

SCIENCE

AND

TECHNOLOGY POLICY

For necessary expenses of the Office of Science and Technology
Policy, in carrying out the purposes of the National Science and
Technology Policy, Organization, and Priorities Act of 1976 (42
U.S.C. 6601 et seq.), hire of passenger motor vehicles, and services
as authorized by section 3109 of title 5, United States Code, not
to exceed $2,250 for official reception and representation expenses,
and rental of conference rooms in the District of Columbia,
$5,544,000.

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NATIONAL SPACE COUNCIL
For necessary expenses of the National Space Council, in carrying out the purposes of title V of Public Law 100–685 and Executive Order No. 13803, hire of passenger motor vehicles, and services
as authorized by section 3109 of title 5, United States Code, not
to exceed $2,250 for official reception and representation expenses,
$1,965,000: Provided, That notwithstanding any other provision

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134 STAT. 1267

of law, the National Space Council may accept personnel support
from Federal agencies, departments, and offices, and such Federal
agencies, departments, and offices may detail staff without
reimbursement to the National Space Council for purposes provided
herein.
NATIONAL AERONAUTICS

AND

SPACE ADMINISTRATION

SCIENCE

For necessary expenses, not otherwise provided for, in the
conduct and support of science research and development activities,
including research, development, operations, support, and services;
maintenance and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances
therefor, as authorized by sections 5901 and 5902 of title 5, United
States Code; travel expenses; purchase and hire of passenger motor
vehicles; and purchase, lease, charter, maintenance, and operation
of mission and administrative aircraft, $7,301,000,000, to remain
available until September 30, 2022: Provided, That, $2,000,000,000
shall be for Earth Science; $2,700,000,000 shall be for Planetary
Science; $1,356,200,000 shall be for Astrophysics; $414,700,000 shall
be for the James Webb Space Telescope; $751,000,000 shall be
for Heliophysics, and $79,100,000 shall be for Biological and Physical Science: Provided further, That the National Aeronautics and
Space Administration shall use the Space Launch System (SLS)
for the Europa Clipper mission if the SLS is available and if
torsional loading analysis has confirmed Clipper’s appropriateness
for SLS: Provided further, That, if the conditions in the preceding
proviso cannot be met, the Administrator shall conduct a full and
open competition, that is not limited to the launch vehicles listed
in the NLS-II contract of the Launch Services Program as of the
date of the enactment of this Act, to select a commercial launch
vehicle for Europa Clipper.

Competition.

AERONAUTICS

For necessary expenses, not otherwise provided for, in the
conduct and support of aeronautics research and development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space
flight, spacecraft control, and communications activities; program
management; personnel and related costs, including uniforms or
allowances therefor, as authorized by sections 5901 and 5902 of
title 5, United States Code; travel expenses; purchase and hire
of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft,
$828,700,000, to remain available until September 30, 2022.

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SPACE TECHNOLOGY

For necessary expenses, not otherwise provided for, in the
conduct and support of space technology research and development
activities, including research, development, operations, support, and
services; maintenance and repair, facility planning and design;
space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms

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PUBLIC LAW 116–260—DEC. 27, 2020

or allowances therefor, as authorized by sections 5901 and 5902
of title 5, United States Code; travel expenses; purchase and hire
of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft,
$1,100,000,000, to remain available until September 30, 2022: Provided, That $227,000,000 shall be for RESTORE–L/SPace Infrastructure DExterous Robot: Provided further, That $110,000,000
shall be for the development, production, and demonstration of
a nuclear thermal propulsion system, of which $80,000,000 shall
be for the design of a flight demonstration system: Provided further,
That, not later than 180 days after the enactment of this Act,
the National Aeronautics and Space Administration shall provide
a plan for the design of a flight demonstration.

Deadline.
Plan.

EXPLORATION

Budget profile.

For necessary expenses, not otherwise provided for, in the
conduct and support of exploration research and development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space
flight, spacecraft control, and communications activities; program
management; personnel and related costs, including uniforms or
allowances therefor, as authorized by sections 5901 and 5902 of
title 5, United States Code; travel expenses; purchase and hire
of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft,
$6,555,400,000, to remain available until September 30, 2022: Provided, That not less than $1,406,700,000 shall be for the Orion
Multi-Purpose Crew Vehicle: Provided further, That not less than
$2,585,900,000 shall be for the Space Launch System (SLS) launch
vehicle, which shall have a lift capability not less than 130 metric
tons and which shall have core elements and an Exploration Upper
Stage developed simultaneously to be used to the maximum extent
practicable, including for Earth to Moon missions and Moon
landings: Provided further, That of the amounts provided for SLS,
not less than $400,000,000 shall be for SLS Block 1B development
including the Exploration Upper Stage and associated systems
including related facilitization, to support an SLS Block 1B mission
available to launch in 2025 in addition to the planned Block 1
missions for Artemis 1 through Artemis 3: Provided further, That
$590,000,000 shall be for Exploration Ground Systems and associated Block 1B activities, including $74,000,000 for a second mobile
launch platform: Provided further, That the National Aeronautics
and Space Administration shall provide to the Committees on
Appropriations of the House of Representatives and the Senate,
concurrent with the annual budget submission, a 5-year budget
profile for an integrated system that includes the SLS, the Orion
Multi-Purpose Crew Vehicle, and associated ground systems that
will ensure a crewed launch as early as possible, as well as a
system-based funding profile for a sustained launch cadence that
contemplates the use of an SLS Block 1B cargo variant and associated ground systems: Provided further, That $1,972,800,000 shall
be for exploration research and development.

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SPACE OPERATIONS

For necessary expenses, not otherwise provided for, in the
conduct and support of space operations research and development

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134 STAT. 1269

activities, including research, development, operations, support and
services; space flight, spacecraft control, and communications activities, including operations, production, and services; maintenance
and repair, facility planning and design; program management;
personnel and related costs, including uniforms or allowances
therefor, as authorized by sections 5901 and 5902 of title 5, United
States Code; travel expenses; purchase and hire of passenger motor
vehicles; and purchase, lease, charter, maintenance, and operation
of mission and administrative aircraft, $3,988,200,000, to remain
available until September 30, 2022.
SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS
ENGAGEMENT

For necessary expenses, not otherwise provided for, in the
conduct and support of aerospace and aeronautical education
research and development activities, including research, development, operations, support, and services; program management; personnel and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United States
Code; travel expenses; purchase and hire of passenger motor
vehicles; and purchase, lease, charter, maintenance, and operation
of mission and administrative aircraft, $127,000,000, to remain
available until September 30, 2022, of which $26,000,000 shall
be for the Established Program to Stimulate Competitive Research
and $51,000,000 shall be for the National Space Grant College
and Fellowship Program.
SAFETY, SECURITY AND MISSION SERVICES

For necessary expenses, not otherwise provided for, in the
conduct and support of science, aeronautics, space technology, exploration, space operations and education research and development
activities, including research, development, operations, support, and
services; maintenance and repair, facility planning and design;
space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms
or allowances therefor, as authorized by sections 5901 and 5902
of title 5, United States Code; travel expenses; purchase and hire
of passenger motor vehicles; not to exceed $63,000 for official reception and representation expenses; and purchase, lease, charter,
maintenance, and operation of mission and administrative aircraft,
$2,936,500,000, to remain available until September 30, 2022: Provided, That if available balances in the ‘‘Science, Space, and Technology Education Trust Fund’’ are not sufficient to provide for
the grant disbursements required under the third and fourth provisos under such heading in the Department of Housing and Urban
Development-Independent Agencies Appropriations Act, 1989
(Public Law 100–404) as amended by the Departments of Veterans
Affairs and Housing and Urban Development, and Independent
Agencies Appropriations Act, 1995 (Public Law 103–327) up to
$1,000,000 shall be available from amounts made available under
this heading to make such grant disbursements.

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CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND RESTORATION

For necessary expenses for construction of facilities including
repair, rehabilitation, revitalization, and modification of facilities,

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134 STAT. 1270

Contracts.
Time period.
51 USC 20145
note.

Deadline.
Estimate.
Proposal.
51 USC 30103
note.

PUBLIC LAW 116–260—DEC. 27, 2020

construction of new facilities and additions to existing facilities,
facility planning and design, and restoration, and acquisition or
condemnation of real property, as authorized by law, and environmental compliance and restoration, $390,278,000, to remain available until September 30, 2026: Provided, That proceeds from leases
deposited into this account shall be available for a period of 5
years to the extent and in amounts as provided in annual appropriations Acts: Provided further, That such proceeds referred to in
the preceding proviso shall be available for obligation for fiscal
year 2021 in an amount not to exceed $18,700,000: Provided further,
That each annual budget request shall include an annual estimate
of gross receipts and collections and proposed use of all funds
collected pursuant to section 20145 of title 51, United States Code.
OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $44,200,000, of
which $500,000 shall remain available until September 30, 2022.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFERS OF FUNDS)

51 USC 20144
note.

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Spending plan.

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Funds for any announced prize otherwise authorized shall
remain available, without fiscal year limitation, until a prize is
claimed or the offer is withdrawn.
Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the National Aeronautics and Space
Administration in this Act may be transferred between such appropriations, but no such appropriation, except as otherwise specifically
provided, shall be increased by more than 10 percent by any such
transfers. Any funds transferred to ‘‘Construction and Environmental Compliance and Restoration’’ for construction activities shall
not increase that account by more than 20 percent. Balances so
transferred shall be merged with and available for the same purposes and the same time period as the appropriations to which
transferred. Any transfer pursuant to this provision shall be treated
as a reprogramming of funds under section 505 of this Act and
shall not be available for obligation except in compliance with
the procedures set forth in that section.
Not to exceed 5 percent of any appropriation provided for the
National Aeronautics and Space Administration under previous
appropriations Acts that remains available for obligation or expenditure in fiscal year 2021 may be transferred between such appropriations, but no such appropriation, except as otherwise specifically
provided, shall be increased by more than 10 percent by any such
transfers. Any transfer pursuant to this provision shall retain its
original availability and shall be treated as a reprogramming of
funds under section 505 of this Act and shall not be available
for obligation except in compliance with the procedures set forth
in that section.
The spending plan required by this Act shall be provided by
the National Aeronautics and Space Administration at the theme,
program, project, and activity level. The spending plan, as well
as any subsequent change of an amount established in that
spending plan that meets the notification requirements of section
505 of this Act, shall be treated as a reprogramming under section

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134 STAT. 1271

505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that
section.
Not more than 40 percent of the amounts made available in
this Act for the Gateway; Advanced Cislunar and Surface Capabilities; Commercial LEO Development; Human Landing System; and
Lunar Discovery and Exploration, excluding the Lunar Reconnaissance Orbiter, may be obligated until the Administrator submits
a multi-year plan to the Committees on Appropriations of the
House of Representatives and the Senate that identifies estimated
dates, by fiscal year, for Space Launch System flights to build
the Gateway; the commencement of partnerships with commercial
entities for additional LEO missions to land humans and rovers
on the Moon; and conducting additional scientific activities on the
Moon. The multi-year plan shall include key milestones to be met
by fiscal year to achieve goals for each of the lunar programs
described in the previous sentence and funding required by fiscal
year to achieve such milestones, as well as funding provided in
fiscal year 2021 and previous years.
Of the amounts provided for Exploration Systems Development,
$25,000,000 shall be transferred to Construction and Environmental
Compliance and Restoration (CECR) for Exploration Construction
of Facilities consistent with direction provided in the explanatory
statement described in section 4 (in the matter preceding division
A of this consolidated Act). The authority provided by this paragraph is in addition to the authority provided by the second paragraph under this heading.
Not more than 20 percent or $50,000,000, whichever is less,
of the amounts made available in the current-year CECR appropriation may be applied to CECR projects funded under previous years’
CECR appropriation Acts. Use of current-year funds under this
provision shall be treated as a reprogramming of funds under
section 505 of this act and shall not be available for obligation
except in compliance with the procedures set forth in that section.

Plan.

NATIONAL SCIENCE FOUNDATION

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RESEARCH AND RELATED ACTIVITIES

For necessary expenses in carrying out the National Science
Foundation Act of 1950 (42 U.S.C. 1861 et seq.), and Public Law
86–209 (42 U.S.C. 1880 et seq.); services as authorized by section
3109 of title 5, United States Code; maintenance and operation
of aircraft and purchase of flight services for research support;
acquisition of aircraft; and authorized travel; $6,909,769,000, to
remain available until September 30, 2022, of which not to exceed
$544,000,000 shall remain available until expended for polar
research and operations support, and for reimbursement to other
Federal agencies for operational and science support and logistical
and other related activities for the United States Antarctic program:
Provided, That receipts for scientific support services and materials
furnished by the National Research Centers and other National
Science Foundation supported research facilities may be credited
to this appropriation.

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PUBLIC LAW 116–260—DEC. 27, 2020
MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION

For necessary expenses for the acquisition, construction,
commissioning, and upgrading of major research equipment, facilities, and other such capital assets pursuant to the National Science
Foundation Act of 1950 (42 U.S.C. 1861 et seq.), including authorized travel, $241,000,000, to remain available until expended.
EDUCATION AND HUMAN RESOURCES

For necessary expenses in carrying out science, mathematics,
and engineering education and human resources programs and
activities pursuant to the National Science Foundation Act of 1950
(42 U.S.C. 1861 et seq.), including services as authorized by section
3109 of title 5, United States Code, authorized travel, and rental
of conference rooms in the District of Columbia, $968,000,000, to
remain available until September 30, 2022.
AGENCY OPERATIONS AND AWARD MANAGEMENT

For agency operations and award management necessary in
carrying out the National Science Foundation Act of 1950 (42 U.S.C.
1861 et seq.); services authorized by section 3109 of title 5, United
States Code; hire of passenger motor vehicles; uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title
5, United States Code; rental of conference rooms in the District
of Columbia; and reimbursement of the Department of Homeland
Security for security guard services; $345,640,000: Provided, That
not to exceed $8,280 is for official reception and representation
expenses: Provided further, That contracts may be entered into
under this heading in fiscal year 2021 for maintenance and operation of facilities and for other services to be provided during
the next fiscal year.
OFFICE OF THE NATIONAL SCIENCE BOARD

For necessary expenses (including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference
rooms in the District of Columbia, and the employment of experts
and consultants under section 3109 of title 5, United States Code)
involved in carrying out section 4 of the National Science Foundation Act of 1950 (42 U.S.C. 1863) and Public Law 86–209 (42
U.S.C. 1880 et seq.), $4,500,000: Provided, That not to exceed
$2,500 shall be available for official reception and representation
expenses.
OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General as
authorized by the Inspector General Act of 1978, $17,850,000, of
which $400,000 shall remain available until September 30, 2022.
ADMINISTRATIVE PROVISIONS

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(INCLUDING TRANSFER OF FUNDS)

Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the National Science Foundation
in this Act may be transferred between such appropriations, but

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134 STAT. 1273

no such appropriation shall be increased by more than 10 percent
by any such transfers. Any transfer pursuant to this paragraph
shall be treated as a reprogramming of funds under section 505
of this Act and shall not be available for obligation except in
compliance with the procedures set forth in that section.
The Director of the National Science Foundation (NSF) shall
notify the Committees on Appropriations of the House of Representatives and the Senate at least 30 days in advance of any planned
divestment through transfer, decommissioning, termination, or
deconstruction of any NSF-owned facilities or any NSF capital
assets (including land, structures, and equipment) valued greater
than $2,500,000.
This title may be cited as the ‘‘Science Appropriations Act,
2021’’.

Notification.
Deadline.

TITLE IV
RELATED AGENCIES
COMMISSION

ON

CIVIL RIGHTS

SALARIES AND EXPENSES

For necessary expenses of the Commission on Civil Rights,
including hire of passenger motor vehicles, $12,500,000: Provided,
That none of the funds appropriated in this paragraph may be
used to employ any individuals under Schedule C of subpart C
of part 213 of title 5 of the Code of Federal Regulations exclusive
of one special assistant for each Commissioner: Provided further,
That none of the funds appropriated in this paragraph shall be
used to reimburse Commissioners for more than 75 billable days,
with the exception of the chairperson, who is permitted 125 billable
days: Provided further, That the Chair may accept and use any
gift or donation to carry out the work of the Commission: Provided
further, That none of the funds appropriated in this paragraph
shall be used for any activity or expense that is not explicitly
authorized by section 3 of the Civil Rights Commission Act of
1983 (42 U.S.C. 1975a): Provided further, That notwithstanding
the preceding proviso, $500,000 shall be used to separately fund
the Commission on the Social Status of Black Men and Boys.

Donations.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

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SALARIES AND EXPENSES

For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act
of 1964, the Age Discrimination in Employment Act of 1967, the
Equal Pay Act of 1963, the Americans with Disabilities Act of
1990, section 501 of the Rehabilitation Act of 1973, the Civil Rights
Act of 1991, the Genetic Information Nondiscrimination Act (GINA)
of 2008 (Public Law 110–233), the ADA Amendments Act of 2008
(Public Law 110–325), and the Lilly Ledbetter Fair Pay Act of
2009 (Public Law 111–2), including services as authorized by section
3109 of title 5, United States Code; hire of passenger motor vehicles
as authorized by section 1343(b) of title 31, United States Code;
nonmonetary awards to private citizens; and up to $31,500,000
for payments to State and local enforcement agencies for authorized

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134 STAT. 1274

Workforce
proposals.
Notification.

Donations.

PUBLIC LAW 116–260—DEC. 27, 2020

services to the Commission, $404,490,000: Provided, That the
Commission is authorized to make available for official reception
and representation expenses not to exceed $2,250 from available
funds: Provided further, That the Commission may take no action
to implement any workforce repositioning, restructuring, or reorganization until such time as the Committees on Appropriations of
the House of Representatives and the Senate have been notified
of such proposals, in accordance with the reprogramming requirements of section 505 of this Act: Provided further, That the Chair
may accept and use any gift or donation to carry out the work
of the Commission.
INTERNATIONAL TRADE COMMISSION
SALARIES AND EXPENSES

For necessary expenses of the International Trade Commission,
including hire of passenger motor vehicles and services as authorized by section 3109 of title 5, United States Code, and not to
exceed $2,250 for official reception and representation expenses,
$103,000,000, to remain available until expended.
LEGAL SERVICES CORPORATION
PAYMENT TO THE LEGAL SERVICES CORPORATION

Applicability.

For payment to the Legal Services Corporation to carry out
the purposes of the Legal Services Corporation Act of 1974,
$465,000,000, of which $425,500,000 is for basic field programs
and required independent audits; $5,500,000 is for the Office of
Inspector General, of which such amounts as may be necessary
may be used to conduct additional audits of recipients; $23,000,000
is for management and grants oversight; $4,250,000 is for client
self-help and information technology; $4,750,000 is for a Pro Bono
Innovation Fund; and $2,000,000 is for loan repayment assistance:
Provided, That the Legal Services Corporation may continue to
provide locality pay to officers and employees at a rate no greater
than that provided by the Federal Government to Washington,
DC-based employees as authorized by section 5304 of title 5, United
States Code, notwithstanding section 1005(d) of the Legal Services
Corporation Act (42 U.S.C. 2996d(d)): Provided further, That the
authorities provided in section 205 of this Act shall be applicable
to the Legal Services Corporation: Provided further, That, for the
purposes of section 505 of this Act, the Legal Services Corporation
shall be considered an agency of the United States Government.

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ADMINISTRATIVE PROVISION—LEGAL SERVICES CORPORATION

None of the funds appropriated in this Act to the Legal Services
Corporation shall be expended for any purpose prohibited or limited
by, or contrary to any of the provisions of, sections 501, 502,
503, 504, 505, and 506 of Public Law 105–119, and all funds
appropriated in this Act to the Legal Services Corporation shall
be subject to the same terms and conditions set forth in such
sections, except that all references in sections 502 and 503 to
1997 and 1998 shall be deemed to refer instead to 2020 and 2021,
respectively.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1275

MARINE MAMMAL COMMISSION
SALARIES AND EXPENSES

For necessary expenses of the Marine Mammal Commission
as authorized by title II of the Marine Mammal Protection Act
of 1972 (16 U.S.C. 1361 et seq.), $3,769,000.
OFFICE

OF THE

UNITED STATES TRADE REPRESENTATIVE
SALARIES AND EXPENSES

For necessary expenses of the Office of the United States Trade
Representative, including the hire of passenger motor vehicles and
the employment of experts and consultants as authorized by section
3109 of title 5, United States Code, $55,000,000, of which $1,000,000
shall remain available until expended: Provided, That of the total
amount made available under this heading, not to exceed $124,000
shall be available for official reception and representation expenses.
TRADE ENFORCEMENT TRUST FUND
(INCLUDING TRANSFER OF FUNDS)

For activities of the United States Trade Representative authorized by section 611 of the Trade Facilitation and Trade Enforcement
Act of 2015 (19 U.S.C. 4405), including transfers, $15,000,000,
to be derived from the Trade Enforcement Trust Fund: Provided,
That any transfer pursuant to subsection (d)(1) of such section
shall be treated as a reprogramming under section 505 of this
Act.
STATE JUSTICE INSTITUTE
SALARIES AND EXPENSES

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

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(INCLUDING TRANSFER OF FUNDS)

SEC. 501. No part of any appropriation contained in this Act
shall be used for publicity or propaganda purposes not authorized
by the Congress.
SEC. 502. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.

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Propaganda.

PUBL260A

134 STAT. 1276
Contracts.

Notifications.
Deadline.

Definition.

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Reports.

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PUBLIC LAW 116–260—DEC. 27, 2020

SEC. 503. The expenditure of any appropriation under this
Act for any consulting service through procurement contract, pursuant to section 3109 of title 5, United States Code, shall be limited
to those contracts where such expenditures are a matter of public
record and available for public inspection, except where otherwise
provided under existing law, or under existing Executive order
issued pursuant to existing law.
SEC. 504. If any provision of this Act or the application of
such provision to any person or circumstances shall be held invalid,
the remainder of the Act and the application of each provision
to persons or circumstances other than those as to which it is
held invalid shall not be affected thereby.
SEC. 505. None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by this
Act that remain available for obligation or expenditure 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
agencies funded by this Act, shall be available for obligation or
expenditure through a reprogramming of funds that: (1) creates
or initiates a new program, project, or activity; (2) eliminates a
program, project, or activity; (3) increases funds or personnel by
any means for any project or activity for which funds have been
denied or restricted; (4) relocates an office or employees; (5) reorganizes or renames offices, programs, or activities; (6) contracts out
or privatizes any functions or activities presently performed by
Federal employees; (7) augments existing programs, projects, or
activities in excess of $500,000 or 10 percent, whichever is less,
or reduces by 10 percent funding for any program, project, or
activity, or numbers of personnel by 10 percent; or (8) 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; unless the House
and Senate Committees on Appropriations are notified 15 days
in advance of such reprogramming of funds.
SEC. 506. (a) If it has been finally determined by a court
or Federal agency that any person intentionally affixed a label
bearing a ‘‘Made in America’’ inscription, or any inscription with
the same meaning, to any product sold in or shipped to the United
States that is not made in the United States, the person shall
be ineligible to receive any contract or subcontract made with
funds made available in this Act, pursuant to the debarment,
suspension, and ineligibility procedures described in sections 9.400
through 9.409 of title 48, Code of Federal Regulations.
(b)(1) To the extent practicable, with respect to authorized
purchases of promotional items, funds made available by this Act
shall be used to purchase items that are manufactured, produced,
or assembled in the United States, its territories or possessions.
(2) The term ‘‘promotional items’’ has the meaning given the
term in OMB Circular A–87, Attachment B, Item (1)(f)(3).
SEC. 507. (a) The Departments of Commerce and Justice, the
National Science Foundation, and the National Aeronautics and
Space Administration shall provide to the Committees on Appropriations of the House of Representatives and the Senate a quarterly
report on the status of balances of appropriations at the account
level. For unobligated, uncommitted balances and unobligated, committed balances the quarterly reports shall separately identify the
amounts attributable to each source year of appropriation from

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1277

which the balances were derived. For balances that are obligated,
but unexpended, the quarterly reports shall separately identify
amounts by the year of obligation.
(b) The report described in subsection (a) shall be submitted
within 30 days of the end of each quarter.
(c) If a department or agency is unable to fulfill any aspect
of a reporting requirement described in subsection (a) due to a
limitation of a current accounting system, the department or agency
shall fulfill such aspect to the maximum extent practicable under
such accounting system and shall identify and describe in each
quarterly report the extent to which such aspect is not fulfilled.
SEC. 508. Any costs incurred by a department or agency funded
under this Act resulting from, or to prevent, personnel actions
taken in response to funding reductions included in this Act shall
be absorbed within the total budgetary resources available to such
department or agency: Provided, That the authority to transfer
funds between appropriations accounts as may be necessary to
carry out this section is provided in addition to authorities included
elsewhere in this Act: Provided further, That use of funds to carry
out this section shall be treated as a reprogramming of funds
under section 505 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth
in that section: Provided further, That for the Department of Commerce, this section shall also apply to actions taken for the care
and protection of loan collateral or grant property.
SEC. 509. None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco products, or to seek the reduction or removal by any foreign country
of restrictions on the marketing of tobacco or tobacco products,
except for restrictions which are not applied equally to all tobacco
or tobacco products of the same type.
SEC. 510. Notwithstanding any other provision of law, amounts
deposited or available in the Fund established by section 1402
of chapter XIV of title II of Public Law 98–473 (34 U.S.C. 20101)
in any fiscal year in excess of $2,015,000,000 shall not be available
for obligation until the following fiscal year: Provided, That notwithstanding section 1402(d) of such Act, of the amounts available
from the Fund for obligation: (1) $10,000,000 shall be transferred
to the Department of Justice Office of Inspector General and remain
available until expended for oversight and auditing purposes associated with this section; and (2) 5 percent shall be available to
the Office for Victims of Crime for grants, consistent with the
requirements of the Victims of Crime Act, to Indian Tribes to
improve services for victims of crime.
SEC. 511. None of the funds made available to the Department
of Justice in this Act may be used to discriminate against or
denigrate the religious or moral beliefs of students who participate
in programs for which financial assistance is provided from those
funds, or of the parents or legal guardians of such students.
SEC. 512. 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 Act or any other appropriations Act.
SEC. 513. (a) The Inspectors General of the Department of
Commerce, the Department of Justice, the National Aeronautics
and Space Administration, the National Science Foundation, and

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Transfer
authority.

Applicability.
Loans.
Grants.
Tobacco and
tobacco products.

34 USC 20101
note.

Discrimination.

Audits.
Reports.

PUBL260A

134 STAT. 1278

Deadline.
Public
information.
Web posting.

Certification.

Effective date.
Consultation.
Determination.
Applicability.

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Reviews.
Science and
technology.

Consultation.
Assessment.
Cyber threats.
China.
Iran.
North Korea.
Russia.

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PUBLIC LAW 116–260—DEC. 27, 2020

the Legal Services Corporation shall conduct audits, pursuant to
the Inspector General Act (5 U.S.C. App.), of grants or contracts
for which funds are appropriated by this Act, and shall submit
reports to Congress on the progress of such audits, which may
include preliminary findings and a description of areas of particular
interest, within 180 days after initiating such an audit and every
180 days thereafter until any such audit is completed.
(b) Within 60 days after the date on which an audit described
in subsection (a) by an Inspector General is completed, the Secretary, Attorney General, Administrator, Director, or President,
as appropriate, shall make the results of the audit available to
the public on the Internet website maintained by the Department,
Administration, Foundation, or Corporation, respectively. The
results shall be made available in redacted form to exclude—
(1) any matter described in section 552(b) of title 5, United
States Code; and
(2) sensitive personal information for any individual, the
public access to which could be used to commit identity theft
or for other inappropriate or unlawful purposes.
(c) Any person awarded a grant or contract funded by amounts
appropriated by this Act shall submit a statement to the Secretary
of Commerce, the Attorney General, the Administrator, Director,
or President, as appropriate, certifying that no funds derived from
the grant or contract will be made available through a subcontract
or in any other manner to another person who has a financial
interest in the person awarded the grant or contract.
(d) The provisions of the preceding subsections of this section
shall take effect 30 days after the date on which the Director
of the Office of Management and Budget, in consultation with
the Director of the Office of Government Ethics, determines that
a uniform set of rules and requirements, substantially similar to
the requirements in such subsections, consistently apply under
the executive branch ethics program to all Federal departments,
agencies, and entities.
SEC. 514. (a) None of the funds appropriated or otherwise
made available under this Act may be used by the Departments
of Commerce and Justice, the National Aeronautics and Space
Administration, or the National Science Foundation to acquire a
high-impact or moderate-impact information system, as defined for
security categorization in the National Institute of Standards and
Technology’s (NIST) Federal Information Processing Standard
Publication 199, ‘‘Standards for Security Categorization of Federal
Information and Information Systems’’ unless the agency has—
(1) reviewed the supply chain risk for the information
systems against criteria developed by NIST and the Federal
Bureau of Investigation (FBI) to inform acquisition decisions
for high-impact and moderate-impact information systems
within the Federal Government;
(2) reviewed the supply chain risk from the presumptive
awardee against available and relevant threat information provided by the FBI and other appropriate agencies; and
(3) in consultation with the FBI or other appropriate Federal entity, conducted an assessment of any risk of cyberespionage or sabotage associated with the acquisition of such
system, including any risk associated with such system being
produced, manufactured, or assembled by one or more entities
identified by the United States Government as posing a cyber

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1279

threat, including but not limited to, those that may be owned,
directed, or subsidized by the People’s Republic of China, the
Islamic Republic of Iran, the Democratic People’s Republic of
Korea, or the Russian Federation.
(b) None of the funds appropriated or otherwise made available
under this Act may be used to acquire a high-impact or moderateimpact information system reviewed and assessed under subsection
(a) unless the head of the assessing entity described in subsection
(a) has—
(1) developed, in consultation with NIST, the FBI, and
supply chain risk management experts, a mitigation strategy
for any identified risks;
(2) determined, in consultation with NIST and the FBI,
that the acquisition of such system is in the national interest
of the United States; and
(3) reported that determination to the Committees on
Appropriations of the House of Representatives and the Senate
and the agency Inspector General.
SEC. 515. None of the funds made available in this Act shall
be used in any way whatsoever to support or justify the use of
torture by any official or contract employee of the United States
Government.
SEC. 516. None of the funds made available in this Act may
be used to include in any new bilateral or multilateral trade agreement the text of—
(1) paragraph 2 of article 16.7 of the United States–Singapore Free Trade Agreement;
(2) paragraph 4 of article 17.9 of the United States–Australia Free Trade Agreement; or
(3) paragraph 4 of article 15.9 of the United States–Morocco
Free Trade Agreement.
SEC. 517. None of the funds made available in this Act may
be used to authorize or issue a national security letter in contravention of any of the following laws authorizing the Federal Bureau
of Investigation to issue national security letters: The Right to
Financial Privacy Act of 1978; The Electronic Communications Privacy Act of 1986; The Fair Credit Reporting Act; The National
Security Act of 1947; USA PATRIOT Act; USA FREEDOM Act
of 2015; and the laws amended by these Acts.
SEC. 518. If at any time during any quarter, the program
manager of a project within the jurisdiction of the Departments
of Commerce or Justice, the National Aeronautics and Space
Administration, or the National Science Foundation totaling more
than $75,000,000 has reasonable cause to believe that the total
program cost has increased by 10 percent or more, the program
manager shall immediately inform the respective Secretary,
Administrator, or Director. The Secretary, Administrator, or
Director shall notify the House and Senate Committees on Appropriations within 30 days in writing of such increase, and shall
include in such notice: the date on which such determination was
made; a statement of the reasons for such increases; the action
taken and proposed to be taken to control future cost growth of
the project; changes made in the performance or schedule milestones
and the degree to which such changes have contributed to the
increase in total program costs or procurement costs; new estimates
of the total project or procurement costs; and a statement validating

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Consultations.

Mitigation
strategy.
Determination.

Reports.

Torture.

National security
letter.

Notifications.

Deadline.
Determination.
Cost estimates.

PUBL260A

134 STAT. 1280

Contracts.
Grants.
Certification.
Taxes.
Time periods.

PUBLIC LAW 116–260—DEC. 27, 2020

that the project’s management structure is adequate to control
total project or procurement costs.
SEC. 519. Funds appropriated by this Act, or made available
by the transfer of funds in this Act, for intelligence or intelligence
related activities are deemed to be specifically authorized by the
Congress for purposes of section 504 of the National Security Act
of 1947 (50 U.S.C. 3094) during fiscal year 2021 until the enactment
of the Intelligence Authorization Act for fiscal year 2021.
SEC. 520. None of the funds appropriated or otherwise made
available by this Act may be used to enter into a contract in
an amount greater than $5,000,000 or to award a grant in excess
of such amount unless the prospective contractor or grantee certifies
in writing to the agency awarding the contract or grant that,
to the best of its knowledge and belief, the contractor or grantee
has filed all Federal tax returns required during the three years
preceding the certification, has not been convicted of a criminal
offense under the Internal Revenue Code of 1986, and has not,
more than 90 days prior to certification, been notified of any unpaid
Federal tax assessment for which the liability remains unsatisfied,
unless the assessment is the subject of an installment agreement
or offer in compromise that has been approved by the Internal
Revenue Service and is not in default, or the assessment is the
subject of a non-frivolous administrative or judicial proceeding.
(RESCISSIONS)

Deadlines.

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Reports.

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SEC. 521. (a) Of the unobligated balances from prior year appropriations available to the Department of Commerce, the following
funds are hereby permanently rescinded, not later than September
30, 2021, from the following accounts in the specified amounts—
(1) ‘‘Economic Development Administration, Economic
Development Assistance Programs’’, $10,000,000; and
(2) ‘‘National Oceanic and Atmospheric Administration,
Fisheries Enforcement Asset Forfeiture Fund’’, $5,000,000.
(b) Of the unobligated balances available to the Department
of Justice, the following funds are hereby permanently rescinded,
not later than September 30, 2021, from the following accounts
in the specified amounts—
(1) ‘‘Working Capital Fund’’, $188,000,000;
(2) ‘‘Federal Bureau of Investigation, Salaries and
Expenses’’, $80,000,000 including from, but not limited to, fees
collected to defray expenses for the automation of fingerprint
identification and criminal justice information services and
associated costs;
(3) ‘‘State and Local Law Enforcement Activities, Office
of Justice Programs’’, $127,000,000; and
(4) ‘‘State and Local Law Enforcement Activities, Community Oriented Policing Services’’, $15,000,000.
(c) The Departments of Commerce and Justice shall submit
to the Committees on Appropriations of the House of Representatives and the Senate a report no later than September 1, 2021,
specifying the amount of each rescission made pursuant to subsections (a) and (b).
(d) The amounts rescinded in subsections (a) and (b) shall
not be from amounts that were designated by the Congress as

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1281

an emergency or disaster relief requirement pursuant to the concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985.
SEC. 522. None of the funds made available in this Act may
be used to purchase first class or premium airline travel in contravention of sections 301–10.122 through 301–10.124 of title 41
of the Code of Federal Regulations.
SEC. 523. None of the funds made available in this Act may
be used to send or otherwise pay for the attendance of more than
50 employees from a Federal department or agency, who are stationed in the United States, at any single conference occurring
outside the United States unless—
(1) such conference is a law enforcement training or operational conference for law enforcement personnel and the
majority of Federal employees in attendance are law enforcement personnel stationed outside the United States; or
(2) such conference is a scientific conference and the department or agency head determines that such attendance is in
the national interest and notifies the Committees on Appropriations of the House of Representatives and the Senate within
at least 15 days of that determination and the basis for that
determination.
SEC. 524. The Director of the Office of Management and Budget
shall instruct any department, agency, or instrumentality of the
United States receiving funds appropriated under this Act to track
undisbursed balances in expired grant accounts and include in
its annual performance plan and performance and accountability
reports the following:
(1) Details on future action the department, agency, or
instrumentality will take to resolve undisbursed balances in
expired grant accounts.
(2) The method that the department, agency, or instrumentality uses to track undisbursed balances in expired grant
accounts.
(3) Identification of undisbursed balances in expired grant
accounts that may be returned to the Treasury of the United
States.
(4) In the preceding 3 fiscal years, details on the total
number of expired grant accounts with undisbursed balances
(on the first day of each fiscal year) for the department, agency,
or instrumentality and the total finances that have not been
obligated to a specific project remaining in the accounts.
SEC. 525. To the extent practicable, funds made available in
this Act should be used to purchase light bulbs that are ‘‘Energy
Star’’ qualified or have the ‘‘Federal Energy Management Program’’
designation.
SEC. 526. (a) None of the funds made available by this Act
may be used for the National Aeronautics and Space Administration
(NASA), the Office of Science and Technology Policy (OSTP), or
the National Space Council (NSC) to develop, design, plan, promulgate, implement, or execute a bilateral policy, program, order, or
contract of any kind to participate, collaborate, or coordinate bilaterally in any way with China or any Chinese-owned company unless
such activities are specifically authorized by a law enacted after
the date of enactment of this Act.

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Airline travel.

Conference
attendees.

Determination.
Notification.
Deadline.

Grants.
Performance
plan.
Reports.

Time period.

Light bulbs.

China.

PUBL260A

134 STAT. 1282

Consultation.
Certification.

Deadline.

Pornography.

Spending plans.
Deadline.

Contracts.

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State listing.
Territories.
Medical
marijuana.

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PUBLIC LAW 116–260—DEC. 27, 2020

(b) None of the funds made available by this Act may be
used to effectuate the hosting of official Chinese visitors at facilities
belonging to or utilized by NASA.
(c) The limitations described in subsections (a) and (b) shall
not apply to activities which NASA, OSTP, or NSC, after consultation with the Federal Bureau of Investigation, have certified—
(1) pose no risk of resulting in the transfer of technology,
data, or other information with national security or economic
security implications to China or a Chinese-owned company;
and
(2) will not involve knowing interactions with officials who
have been determined by the United States to have direct
involvement with violations of human rights.
(d) Any certification made under subsection (c) shall be submitted to the Committees on Appropriations of the House of Representatives and the Senate, and the Federal Bureau of Investigation, no later than 30 days prior to the activity in question and
shall include a description of the purpose of the activity, its agenda,
its major participants, and its location and timing.
SEC. 527. (a) 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.
(b) 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, adjudication, or other law enforcement- or victim assistance-related activity.
SEC. 528. The Departments of Commerce and Justice, the
National Aeronautics and Space Administration, the National
Science Foundation, the Commission on Civil Rights, the Equal
Employment Opportunity Commission, the International Trade
Commission, the Legal Services Corporation, the Marine Mammal
Commission, the Offices of Science and Technology Policy and the
United States Trade Representative, the National Space Council,
and the State Justice Institute shall submit spending plans, signed
by the respective department or agency head, to the Committees
on Appropriations of the House of Representatives and the Senate
not later than 45 days after the date of enactment of this Act.
SEC. 529. Notwithstanding any other provision of this Act,
none of the funds appropriated or otherwise made available by
this Act may be used to pay award or incentive fees for contractor
performance that has been judged to be below satisfactory performance or for performance that does not meet the basic requirements
of a contract.
SEC. 530. None of the funds made available by this Act may
be used in contravention of section 7606 (‘‘Legitimacy of Industrial
Hemp Research’’) of the Agricultural Act of 2014 (Public Law 113–
79) by the Department of Justice or the Drug Enforcement Administration.
SEC. 531. None of the funds made available under this Act
to the Department of Justice may be used, with respect to any
of the States of Alabama, Alaska, Arizona, Arkansas, California,
Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois,
Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana,
Nevada, New Hampshire, New Jersey, New Mexico, New York,

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1283

North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee,
Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming, or with respect to the District of Columbia,
the Commonwealth of the Northern Mariana Islands, the United
States Virgin Islands, Guam, or Puerto Rico, to prevent any of
them from implementing their own laws that authorize the use,
distribution, possession, or cultivation of medical marijuana.
SEC. 532. The Department of Commerce, the National Aeronautics and Space Administration, and the National Science
Foundation shall provide a quarterly report to the Committees
on Appropriations of the House of Representatives and the Senate
on any official travel to China by any employee of such Department
or agency, including the purpose of such travel.
SEC. 533. None of the funds provided in this Act shall be
available for obligation for the James Webb Space Telescope (JWST)
after December 31, 2021, if the individual identified under subsection (c)(2)(E) of section 30104 of title 51, United States Code,
as responsible for JWST determines that the formulation and
development costs (with development cost as defined under section
30104 of title 51, United States Code) are likely to exceed
$8,802,700,000, unless the program is modified so that the costs
do not exceed $8,802,700,000.
SEC. 534. Of the amounts made available by this Act, not
less than 10 percent of each total amount provided, respectively,
for Public Works grants authorized by the Public Works and Economic Development Act of 1965 and grants authorized by section
27 of the Stevenson-Wydler Technology Innovation Act of 1980
(15 U.S.C. 3722) shall be allocated for assistance in persistent
poverty counties: 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 the most recent Small Area Income and Poverty Estimates,
or any Territory or possession of the United States.
SEC. 535. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer, release,
or assist in the transfer or release to or within the United States,
its territories, or possessions Khalid Sheikh Mohammed or any
other detainee who—
(1) is not a United States citizen or a member of the
Armed Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense.
SEC. 536. (a) None of the funds appropriated or otherwise
made available in this or any other Act may be used to construct,
acquire, or modify any facility in the United States, its territories,
or possessions to house any individual described in subsection (c)
for the purposes of detention or imprisonment in the custody or
under the effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station, Guantanamo Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guantanamo Bay, Cuba, and who—

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Reports.
China.

Termination
date.
Determination.

Definition.

Khalid Sheikh
Mohammed.
Detainees.
Cuba.

Detainees.
Cuba.

PUBL260A

134 STAT. 1284

Exports and
imports.
Canada.
Firearms.

President.
Determination.
Federal Register,
publication.

Termination.

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Firearms.
Ammunition.

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PUBLIC LAW 116–260—DEC. 27, 2020

(1) is not a citizen of the United States or a member
of the Armed Forces of the United States; and
(2) is—
(A) in the custody or under the effective control of
the Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
SEC. 537. (a) Notwithstanding any other provision of law or
treaty, none of the funds appropriated or otherwise made available
under this Act or any other Act may be expended or obligated
by a department, agency, or instrumentality of the United States
to pay administrative expenses or to compensate an officer or
employee of the United States in connection with requiring an
export license for the export to Canada of components, parts, accessories or attachments for firearms listed in Category I, section
121.1 of title 22, Code of Federal Regulations (International Trafficking in Arms Regulations (ITAR), part 121, as it existed on
April 1, 2005) with a total value not exceeding $500 wholesale
in any transaction, provided that the conditions of subsection (b)
of this section are met by the exporting party for such articles.
(b) The foregoing exemption from obtaining an export license—
(1) does not exempt an exporter from filing any Shipper’s
Export Declaration or notification letter required by law, or
from being otherwise eligible under the laws of the United
States to possess, ship, transport, or export the articles enumerated in subsection (a); and
(2) does not permit the export without a license of—
(A) fully automatic firearms and components and parts
for such firearms, other than for end use by the Federal
Government, or a Provincial or Municipal Government of
Canada;
(B) barrels, cylinders, receivers (frames) or complete
breech mechanisms for any firearm listed in Category I,
other than for end use by the Federal Government, or
a Provincial or Municipal Government of Canada; or
(C) articles for export from Canada to another foreign
destination.
(c) In accordance with this section, the District Directors of
Customs and postmasters shall permit the permanent or temporary
export without a license of any unclassified articles specified in
subsection (a) to Canada for end use in Canada or return to the
United States, or temporary import of Canadian-origin items from
Canada for end use in the United States or return to Canada
for a Canadian citizen.
(d) The President may require export licenses under this section
on a temporary basis if the President determines, upon publication
first in the Federal Register, that the Government of Canada has
implemented or maintained inadequate import controls for the articles specified in subsection (a), such that a significant diversion
of such articles has and continues to take place for use in international terrorism or in the escalation of a conflict in another
nation. The President shall terminate the requirements of a license
when reasons for the temporary requirements have ceased.
SEC. 538. Notwithstanding any other provision of law, no
department, agency, or instrumentality of the United States
receiving appropriated funds under this Act or any other Act shall
obligate or expend in any way such funds to pay administrative

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PUBL260A

PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1285

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expenses or the compensation of any officer or employee of the
United States to deny any application submitted pursuant to 22
U.S.C. 2778(b)(1)(B) and qualified pursuant to 27 CFR section
478.112 or .113, for a permit to import United States origin ‘‘curios
or relics’’ firearms, parts, or ammunition.
SEC. 539. None of the funds made available by this Act may
be used to pay the salaries or expenses of personnel to deny,
or fail to act on, an application for the importation of any model
of shotgun if—
(1) all other requirements of law with respect to the proposed importation are met; and
(2) no application for the importation of such model of
shotgun, in the same configuration, had been denied by the
Attorney General prior to January 1, 2011, on the basis that
the shotgun was not particularly suitable for or readily adaptable to sporting purposes.
SEC. 540. None of the funds made available by this Act may
be obligated or expended to implement the Arms Trade Treaty
until the Senate approves a resolution of ratification for the Treaty.
SEC. 541. For an additional amount for ‘‘United States Marshals
Service, Federal Prisoner Detention’’, $125,000,000, to remain available until expended, to prevent, prepare for, and respond to
coronavirus, domestically or internationally, including for necessary
expenses related to United States prisoners in the custody of the
United States Marshals Service, to be used only as authorized
by section 4013 of title 18, United States Code: Provided, That
such amount is designated 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.
SEC. 542. For an additional amount for ‘‘Federal Bureau of
Investigation, Salaries and Expenses’’, $179,000,000, to remain
available until September 30, 2022, to prevent, prepare for, and
respond to coronavirus, domestically or internationally, including
the impact of coronavirus on the work of the Department of Justice,
to make necessary improvements to the National Instant Criminal
Background Check System, and to offset the loss resulting from
the coronavirus pandemic of fees collected pursuant to section 41104
of title 34, United States Code: Provided, That such amount is
designated 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.
SEC. 543. For an additional amount for ‘‘Federal Prison System,
Salaries and Expenses’’, $300,000,000, to remain available until
September 30, 2022, to prevent, prepare for, and respond to
coronavirus, domestically or internationally, including the impact
of coronavirus on the work of the Department of Justice: Provided,
That such amount is designated 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.
This division may be cited as the ‘‘Commerce, Justice, Science,
and Related Agencies Appropriations Act, 2021’’.

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Exports and
imports.
Firearms.

PUBL260A

134 STAT. 1286

PUBLIC LAW 116–260—DEC. 27, 2020
DIVISION C—DEPARTMENT OF DEFENSE
APPROPRIATIONS ACT, 2021

Department of
Defense
Appropriations
Act, 2021.

TITLE I
MILITARY PERSONNEL
MILITARY PERSONNEL, ARMY
For pay, allowances, individual clothing, subsistence, interest
on deposits, gratuities, permanent change of station travel
(including all expenses thereof for organizational movements), and
expenses of temporary duty travel between permanent duty stations, for members of the Army on active duty (except members
of reserve components provided for elsewhere), cadets, and aviation
cadets; for members of the Reserve Officers’ Training Corps; and
for payments pursuant to section 156 of Public Law 97–377, as
amended (42 U.S.C. 402 note), and to the Department of Defense
Military Retirement Fund, $44,861,853,000.
MILITARY PERSONNEL, NAVY
For pay, allowances, individual clothing, subsistence, interest
on deposits, gratuities, permanent change of station travel
(including all expenses thereof for organizational movements), and
expenses of temporary duty travel between permanent duty stations, for members of the Navy on active duty (except members
of the Reserve provided for elsewhere), midshipmen, and aviation
cadets; for members of the Reserve Officers’ Training Corps; and
for payments pursuant to section 156 of Public Law 97–377, as
amended (42 U.S.C. 402 note), and to the Department of Defense
Military Retirement Fund, $33,764,579,000.
MILITARY PERSONNEL, MARINE CORPS
For pay, allowances, individual clothing, subsistence, interest
on deposits, gratuities, permanent change of station travel
(including all expenses thereof for organizational movements), and
expenses of temporary duty travel between permanent duty stations, for members of the Marine Corps on active duty (except
members of the Reserve provided for elsewhere); and for payments
pursuant to section 156 of Public Law 97–377, as amended (42
U.S.C. 402 note), and to the Department of Defense Military Retirement Fund, $14,557,436,000.

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MILITARY PERSONNEL, AIR FORCE
For pay, allowances, individual clothing, subsistence, interest
on deposits, gratuities, permanent change of station travel
(including all expenses thereof for organizational movements), and
expenses of temporary duty travel between permanent duty stations, for members of the Air Force on active duty (except members
of reserve components provided for elsewhere), cadets, and aviation
cadets; for members of the Reserve Officers’ Training Corps; and
for payments pursuant to section 156 of Public Law 97–377, as
amended (42 U.S.C. 402 note), and to the Department of Defense
Military Retirement Fund, $32,784,171,000.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1287

RESERVE PERSONNEL, ARMY
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Army Reserve on active
duty under sections 10211, 10302, and 7038 of title 10, United
States Code, or while serving on active duty under section 12301(d)
of title 10, United States Code, in connection with performing
duty specified in section 12310(a) of title 10, United States Code,
or while undergoing reserve training, or while performing drills
or equivalent duty or other duty, and expenses authorized by section
16131 of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund, $5,037,119,000.
RESERVE PERSONNEL, NAVY
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Navy Reserve on active
duty under section 10211 of title 10, United States Code, or while
serving on active duty under section 12301(d) of title 10, United
States Code, in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty, and expenses
authorized by section 16131 of title 10, United States Code; and
for payments to the Department of Defense Military Retirement
Fund, $2,200,600,000.
RESERVE PERSONNEL, MARINE CORPS
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Marine Corps Reserve
on active duty under section 10211 of title 10, United States Code,
or while serving on active duty under section 12301(d) of title
10, United States Code, in connection with performing duty specified
in section 12310(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent
duty, and for members of the Marine Corps platoon leaders class,
and expenses authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military
Retirement Fund, $843,564,000.
RESERVE PERSONNEL, AIR FORCE
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Air Force Reserve on
active duty under sections 10211, 10305, and 8038 of title 10,
United States Code, or while serving on active duty under section
12301(d) of title 10, United States Code, in connection with performing duty specified in section 12310(a) of title 10, United States
Code, or while undergoing reserve training, or while performing
drills or equivalent duty or other duty, and expenses authorized
by section 16131 of title 10, United States Code; and for payments
to the Department of Defense Military Retirement Fund,
$2,193,493,000.

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NATIONAL GUARD PERSONNEL, ARMY
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Army National Guard

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PUBL260A

134 STAT. 1288

PUBLIC LAW 116–260—DEC. 27, 2020

while on duty under sections 10211, 10302, or 12402 of title 10
or section 708 of title 32, United States Code, or while serving
on duty under section 12301(d) of title 10 or section 502(f) of
title 32, United States Code, in connection with performing duty
specified in section 12310(a) of title 10, United States Code, or
while undergoing training, or while performing drills or equivalent
duty or other duty, and expenses authorized by section 16131 of
title 10, United States Code; and for payments to the Department
of Defense Military Retirement Fund, $8,663,999,000.
NATIONAL GUARD PERSONNEL, AIR FORCE
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Air National Guard on
duty under sections 10211, 10305, or 12402 of title 10 or section
708 of title 32, United States Code, or while serving on duty
under section 12301(d) of title 10 or section 502(f) of title 32,
United States Code, in connection with performing duty specified
in section 12310(a) of title 10, United States Code, or while undergoing training, or while performing drills or equivalent duty or
other duty, and expenses authorized by section 16131 of title 10,
United States Code; and for payments to the Department of Defense
Military Retirement Fund, $4,530,091,000.
TITLE II
OPERATION AND MAINTENANCE
OPERATION

AND

MAINTENANCE, ARMY

For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law,
$38,418,982,000: Provided, That not to exceed $12,478,000 may
be used for emergencies and extraordinary expenses, to be expended
upon the approval or authority of the Secretary of the Army, and
payments may be made upon his certificate of necessity for confidential military purposes.
OPERATION

AND

MAINTENANCE, NAVY

For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps,
as authorized by law, $47,632,527,000: Provided, That not to exceed
$15,055,000 may be used for emergencies and extraordinary
expenses, to be expended upon the approval or authority of the
Secretary of the Navy, and payments may be made upon his certificate of necessity for confidential military purposes.
OPERATION

AND

MAINTENANCE, MARINE CORPS

For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized
by law, $7,286,184,000.

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OPERATION

AND

MAINTENANCE, AIR FORCE

For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by law,

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1289

$33,528,409,000: Provided, That not to exceed $7,699,000 may be
used for emergencies and extraordinary expenses, to be expended
upon the approval or authority of the Secretary of the Air Force,
and payments may be made upon his certificate of necessity for
confidential military purposes.
OPERATION

AND

MAINTENANCE, SPACE FORCE

For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Space Force, as authorized by
law, $2,492,114,000.
OPERATION

AND

MAINTENANCE, DEFENSE-WIDE

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(INCLUDING TRANSFER OF FUNDS)

For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the Department of Defense (other than the military departments), as authorized by law, $39,048,990,000: Provided, That not more than
$3,000,000 may be used for the Combatant Commander Initiative
Fund authorized under section 166a of title 10, United States
Code: Provided further, That not to exceed $36,000,000 may be
used for emergencies and extraordinary expenses, to be expended
upon the approval or authority of the Secretary of Defense, and
payments may be made upon his certificate of necessity for confidential military purposes: Provided further, That of the funds provided
under this heading, not less than $48,000,000 shall be made available for the Procurement Technical Assistance Cooperative Agreement Program, of which not less than $4,500,000 shall be available
for centers defined in 10 U.S.C. 2411(1)(D): Provided further, That
none of the funds appropriated or otherwise made available by
this Act may be used to plan or implement the consolidation of
a budget or appropriations liaison office of the Office of the Secretary of Defense, the office of the Secretary of a military department, or the service headquarters of one of the Armed Forces
into a legislative affairs or legislative liaison office: Provided further,
That $18,000,000, to remain available until expended, is available
only for expenses relating to certain classified activities, and may
be transferred as necessary by the Secretary of Defense to operation
and maintenance appropriations or research, development, test and
evaluation appropriations, to be merged with and to be available
for the same time period as the appropriations to which transferred:
Provided further, That any ceiling on the investment item unit
cost of items that may be purchased with operation and maintenance funds shall not apply to the funds described in the preceding
proviso: Provided further, That of the funds provided under this
heading, $656,140,000, of which $434,630,000, to remain available
until September 30, 2022, shall be available for International Security Cooperation Programs and other programs to provide support
and assistance to foreign security forces or other groups or individuals to conduct, support or facilitate counterterrorism, crisis
response, or building partner capacity programs: Provided further,
That the Secretary of Defense shall, not less than 15 days prior
to obligating funds made available in this section for International
Security Cooperation Programs, notify the congressional defense
committees in writing of the details of any such obligation: Provided
further, That the Secretary of Defense shall provide quarterly

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Deadline.
Notification.

Reports.

PUBL260A

134 STAT. 1290

PUBLIC LAW 116–260—DEC. 27, 2020

reports to the Committees on Appropriations of the House of Representatives and the Senate on the use and status of funds made
available in this paragraph: Provided further, That the transfer
authority provided under this heading is in addition to any other
transfer authority provided elsewhere in this Act.
OPERATION

AND

MAINTENANCE, ARMY RESERVE

For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Army Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $2,887,898,000.
OPERATION

AND

MAINTENANCE, NAVY RESERVE

For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Navy Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $1,115,150,000.
OPERATION

AND

MAINTENANCE, MARINE CORPS RESERVE

For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Marine Corps Reserve; repair of facilities
and equipment; hire of passenger motor vehicles; travel and
transportation; care of the dead; recruiting; procurement of services,
supplies, and equipment; and communications, $283,494,000.
OPERATION

AND

MAINTENANCE, AIR FORCE RESERVE

For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Air Force Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications, $3,268,461,000.

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OPERATION

AND

MAINTENANCE, ARMY NATIONAL GUARD

For expenses of training, organizing, and administering the
Army National Guard, including medical and hospital treatment
and related expenses in non-Federal hospitals; maintenance, operation, and repairs to structures and facilities; hire of passenger
motor vehicles; personnel services in the National Guard Bureau;
travel expenses (other than mileage), as authorized by law for
Army personnel on active duty, for Army National Guard division,
regimental, and battalion commanders while inspecting units in
compliance with National Guard Bureau regulations when specifically authorized by the Chief, National Guard Bureau; supplying
and equipping the Army National Guard as authorized by law;
and expenses of repair, modification, maintenance, and issue of
supplies and equipment (including aircraft), $7,350,837,000.

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PUBL260A

PUBLIC LAW 116–260—DEC. 27, 2020
OPERATION

AND

134 STAT. 1291

MAINTENANCE, AIR NATIONAL GUARD

For expenses of training, organizing, and administering the
Air National Guard, including medical and hospital treatment and
related expenses in non-Federal hospitals; maintenance, operation,
and repairs to structures and facilities; transportation of things,
hire of passenger motor vehicles; supplying and equipping the Air
National Guard, as authorized by law; expenses for repair, modification, maintenance, and issue of supplies and equipment, including
those furnished from stocks under the control of agencies of the
Department of Defense; travel expenses (other than mileage) on
the same basis as authorized by law for Air National Guard personnel on active Federal duty, for Air National Guard commanders
while inspecting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, National
Guard Bureau, $6,785,853,000.
UNITED STATES COURT

OF

APPEALS

FOR THE

ARMED FORCES

For salaries and expenses necessary for the United States
Court of Appeals for the Armed Forces, $15,211,000, of which not
to exceed $5,000 may be used for official representation purposes.
ENVIRONMENTAL RESTORATION, ARMY
(INCLUDING TRANSFER OF FUNDS)

For the Department of the Army, $264,285,000, to remain
available until transferred: Provided, That the Secretary of the
Army shall, upon determining that such funds are required for
environmental restoration, reduction and recycling of hazardous
waste, removal of unsafe buildings and debris of the Department
of the Army, or for similar purposes, transfer the funds made
available by this appropriation to other appropriations made available to the Department of the Army, to be merged with and to
be available for the same purposes and for the same time period
as the appropriations to which transferred: Provided further, That
upon a determination that all or part of the funds transferred
from this appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under this
heading is in addition to any other transfer authority provided
elsewhere in this Act.

Determinations.

ENVIRONMENTAL RESTORATION, NAVY

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(INCLUDING TRANSFER OF FUNDS)

For the Department of the Navy, $421,250,000, to remain available until transferred: Provided, That the Secretary of the Navy
shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste,
removal of unsafe buildings and debris of the Department of the
Navy, or for similar purposes, transfer the funds made available
by this appropriation to other appropriations made available to
the Department of the Navy, to be merged with and to be available

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Determinations.

PUBL260A

134 STAT. 1292

PUBLIC LAW 116–260—DEC. 27, 2020

for the same purposes and for the same time period as the appropriations to which transferred: Provided further, That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation: Provided
further, That the transfer authority provided under this heading
is in addition to any other transfer authority provided elsewhere
in this Act.
ENVIRONMENTAL RESTORATION, AIR FORCE
(INCLUDING TRANSFER OF FUNDS)

Determinations.

For the Department of the Air Force, $509,250,000, to remain
available until transferred: Provided, That the Secretary of the
Air Force shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of hazardous
waste, removal of unsafe buildings and debris of the Department
of the Air Force, or for similar purposes, transfer the funds made
available by this appropriation to other appropriations made available to the Department of the Air Force, to be merged with and
to be available for the same purposes and for the same time period
as the appropriations to which transferred: Provided further, That
upon a determination that all or part of the funds transferred
from this appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under this
heading is in addition to any other transfer authority provided
elsewhere in this Act.
ENVIRONMENTAL RESTORATION, DEFENSE-WIDE
(INCLUDING TRANSFER OF FUNDS)

Determinations.

For the Department of Defense, $19,952,000, to remain available until transferred: Provided, That the Secretary of Defense
shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste,
removal of unsafe buildings and debris of the Department of
Defense, or for similar purposes, transfer the funds made available
by this appropriation to other appropriations made available to
the Department of Defense, to be merged with and to be available
for the same purposes and for the same time period as the appropriations to which transferred: Provided further, That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation: Provided
further, That the transfer authority provided under this heading
is in addition to any other transfer authority provided elsewhere
in this Act.
ENVIRONMENTAL RESTORATION, FORMERLY USED DEFENSE SITES

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(INCLUDING TRANSFER OF FUNDS)

Determinations.

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For the Department of the Army, $288,750,000, to remain
available until transferred: Provided, That the Secretary of the
Army shall, upon determining that such funds are required for

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1293

environmental restoration, reduction and recycling of hazardous
waste, removal of unsafe buildings and debris at sites formerly
used by the Department of Defense, transfer the funds made available by this appropriation to other appropriations made available
to the Department of the Army, to be merged with and to be
available for the same purposes and for the same time period
as the appropriations to which transferred: Provided further, That
upon a determination that all or part of the funds transferred
from this appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under this
heading is in addition to any other transfer authority provided
elsewhere in this Act.
OVERSEAS HUMANITARIAN, DISASTER,

CIVIC AID

AND

For expenses relating to the Overseas Humanitarian, Disaster,
and Civic Aid programs of the Department of Defense (consisting
of the programs provided under sections 401, 402, 404, 407, 2557,
and 2561 of title 10, United States Code), $147,500,000, to remain
available until September 30, 2022: Provided, That such amounts
shall not be subject to the limitation in section 407(c)(3) of title
10, United States Code.
COOPERATIVE THREAT REDUCTION ACCOUNT
For assistance, including assistance provided by contract or
by grants, under programs and activities of the Department of
Defense Cooperative Threat Reduction Program authorized under
the Department of Defense Cooperative Threat Reduction Act,
$360,190,000, to remain available until September 30, 2023.
DEPARTMENT

OF

DEFENSE ACQUISITION WORKFORCE DEVELOPMENT
ACCOUNT

For the Department of Defense Acquisition Workforce Development Account, $88,181,000, to remain available for obligation until
September 30, 2021: Provided, That no other amounts may be
otherwise credited or transferred to the Account, or deposited into
the Account, in fiscal year 2021 pursuant to section 1705(d) of
title 10, United States Code.
TITLE III
PROCUREMENT

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AIRCRAFT PROCUREMENT, ARMY
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private
plants, including the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other

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134 STAT. 1294

PUBLIC LAW 116–260—DEC. 27, 2020

expenses necessary for the foregoing purposes, $3,457,342,000, to
remain available for obligation until September 30, 2023.
MISSILE PROCUREMENT, ARMY
For construction, procurement, production, modification, and
modernization of missiles, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private
plants, including the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $3,220,541,000, to
remain available for obligation until September 30, 2023.
PROCUREMENT

OF

WEAPONS

AND TRACKED COMBAT VEHICLES,
ARMY

For construction, procurement, production, and modification
of weapons and tracked combat vehicles, equipment, including ordnance, spare parts, and accessories therefor; specialized equipment
and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes,
and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $3,611,887,000, to
remain available for obligation until September 30, 2023.
PROCUREMENT

OF

AMMUNITION, ARMY

For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $2,790,140,000, to
remain available for obligation until September 30, 2023.

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OTHER PROCUREMENT, ARMY
For construction, procurement, production, and modification
of vehicles, including tactical, support, and non-tracked combat
vehicles; the purchase of passenger motor vehicles for replacement
only; communications and electronic equipment; other support
equipment; spare parts, ordnance, and accessories therefor; specialized equipment and training devices; expansion of public and private
plants, including the land necessary therefor, for the foregoing

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1295

purposes, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $8,603,112,000, to
remain available for obligation until September 30, 2023.
AIRCRAFT PROCUREMENT, NAVY
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, spare
parts, and accessories therefor; specialized equipment; expansion
of public and private plants, including the land necessary therefor,
and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government
and
contractor-owned
equipment
layaway,
$19,480,280,000, to remain available for obligation until September
30, 2023.
WEAPONS PROCUREMENT, NAVY
For construction, procurement, production, modification, and
modernization of missiles, torpedoes, other weapons, and related
support equipment including spare parts, and accessories therefor;
expansion of public and private plants, including the land necessary
therefor, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government
and
contractor-owned
equipment
layaway,
$4,477,773,000, to remain available for obligation until September
30, 2023.
PROCUREMENT

OF

AMMUNITION, NAVY

AND

MARINE CORPS

For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $792,023,000, to
remain available for obligation until September 30, 2023.

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SHIPBUILDING

AND

CONVERSION, NAVY

For expenses necessary for the construction, acquisition, or
conversion of vessels as authorized by law, including armor and
armament thereof, plant equipment, appliances, and machine tools
and installation thereof in public and private plants; reserve plant
and Government and contractor-owned equipment layaway;

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134 STAT. 1296

Vessels.

Vessels.

PUBLIC LAW 116–260—DEC. 27, 2020

procurement of critical, long lead time components and designs
for vessels to be constructed or converted in the future; and expansion of public and private plants, including land necessary therefor,
and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title, as follows:
Columbia Class Submarine, $2,869,024,000;
Columbia Class Submarine (AP), $1,253,175,000;
Carrier Replacement Program (CVN–80), $958,933,000;
Carrier Replacement Program (CVN–81), $1,606,432,000;
Virginia Class Submarine, $4,603,213,000;
Virginia Class Submarine (AP), $2,173,187,000;
CVN Refueling Overhauls, $1,531,153,000;
CVN Refueling Overhauls (AP), $17,384,000;
DDG–1000 Program, $78,205,000;
DDG–51 Destroyer, $3,219,843,000;
DDG–51 Destroyer (AP), $159,297,000;
FFG–Frigate, $1,053,123,000;
LPD Flight II, $1,125,801,000;
LPD 32 (AP), $1,000,000;
LPD 33 (AP), $1,000,000;
Expeditionary Sea Base (AP), $73,000,000;
LHA Replacement, $500,000,000;
Expeditionary Fast Transport, $260,000,000;
TAO Fleet Oiler, $20,000,000;
Towing, Salvage, and Rescue Ship, $157,790,000;
LCU 1700, $87,395,000;
Service Craft, $244,147,000;
LCAC SLEP, $56,461,000;
Auxiliary Vessels, $60,000,000;
For outfitting, post delivery, conversions, and first destination transportation, $752,005,000; and
Completion of Prior Year Shipbuilding Programs,
$407,312,000.
In all: $23,268,880,000, to remain available for obligation until
September 30, 2025: Provided, That additional obligations may
be incurred after September 30, 2025, for engineering services,
tests, evaluations, and other such budgeted work that must be
performed in the final stage of ship construction: Provided further,
That none of the funds provided under this heading for the construction or conversion of any naval vessel to be constructed in shipyards
in the United States shall be expended in foreign facilities for
the construction of major components of such vessel: Provided further, That none of the funds provided under this heading shall
be used for the construction of any naval vessel in foreign shipyards:
Provided further, That funds appropriated or otherwise made available by this Act for Columbia Class Submarine (AP) may be available for the purposes authorized by subsections (f), (g), (h) or (i)
of section 2218a of title 10, United States Code, only in accordance
with the provisions of the applicable subsection.

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OTHER PROCUREMENT, NAVY
For procurement, production, and modernization of support
equipment and materials not otherwise provided for, Navy ordnance
(except ordnance for new aircraft, new ships, and ships authorized
for conversion); the purchase of passenger motor vehicles for
replacement only; expansion of public and private plants, including

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1297

the land necessary therefor, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of equipment,
appliances, and machine tools in public and private plants; reserve
plant and Government and contractor-owned equipment layaway,
$10,512,209,000, to remain available for obligation until September
30, 2023: Provided, That such funds are also available for the
maintenance, repair, and modernization of Pacific Fleet ships under
a pilot program established for such purposes.
PROCUREMENT, MARINE CORPS
For expenses necessary for the procurement, manufacture, and
modification of missiles, armament, military equipment, spare
parts, and accessories therefor; plant equipment, appliances, and
machine tools, and installation thereof in public and private plants;
reserve plant and Government and contractor-owned equipment
layaway; vehicles for the Marine Corps, including the purchase
of passenger motor vehicles for replacement only; and expansion
of public and private plants, including land necessary therefor,
and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title,
$2,648,375,000, to remain available for obligation until September
30, 2023.
AIRCRAFT PROCUREMENT, AIR FORCE
For construction, procurement, and modification of aircraft and
equipment, including armor and armament, specialized ground handling equipment, and training devices, spare parts, and accessories
therefor; specialized equipment; expansion of public and private
plants, Government-owned equipment and installation thereof in
such plants, erection of structures, and acquisition of land, for
the foregoing purposes, and such lands and interests therein, may
be acquired, and construction prosecuted thereon prior to approval
of title; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation of things, $19,212,753,000,
to remain available for obligation until September 30, 2023.

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MISSILE PROCUREMENT, AIR FORCE
For construction, procurement, and modification of missiles,
rockets, and related equipment, including spare parts and accessories therefor; ground handling equipment, and training devices;
expansion of public and private plants, Government-owned equipment and installation thereof in such plants, erection of structures,
and acquisition of land, for the foregoing purposes, and such lands
and interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; reserve plant and Government
and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation
of things, $2,142,181,000, to remain available for obligation until
September 30, 2023.

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134 STAT. 1298

PUBLIC LAW 116–260—DEC. 27, 2020
PROCUREMENT

OF

AMMUNITION, AIR FORCE

For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $550,844,000, to
remain available for obligation until September 30, 2023.
OTHER PROCUREMENT, AIR FORCE
For procurement and modification of equipment (including
ground guidance and electronic control equipment, and ground electronic and communication equipment), and supplies, materials, and
spare parts therefor, not otherwise provided for; the purchase of
passenger motor vehicles for replacement only; lease of passenger
motor vehicles; and expansion of public and private plants, Government-owned equipment and installation thereof in such plants,
erection of structures, and acquisition of land, for the foregoing
purposes, and such lands and interests therein, may be acquired,
and construction prosecuted thereon, prior to approval of title;
reserve plant and Government and contractor-owned equipment
layaway, $23,441,648,000, to remain available for obligation until
September 30, 2023.
PROCUREMENT, SPACE FORCE
For construction, procurement, and modification of spacecraft,
rockets, and related equipment, including spare parts and accessories therefor; ground handling equipment, and training devices;
expansion of public and private plants, Government-owned equipment and installation thereof in such plants, erection of structures,
and acquisition of land, for the foregoing purposes, and such lands
and interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; reserve plant and Government
and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation
of things, $2,310,994,000, to remain available for obligation until
September 30, 2023.

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PROCUREMENT, DEFENSE-WIDE
For expenses of activities and agencies of the Department of
Defense (other than the military departments) necessary for
procurement, production, and modification of equipment, supplies,
materials, and spare parts therefor, not otherwise provided for;
the purchase of passenger motor vehicles for replacement only;
expansion of public and private plants, equipment, and installation
thereof in such plants, erection of structures, and acquisition of
land for the foregoing purposes, and such lands and interests
therein, may be acquired, and construction prosecuted thereon prior
to approval of title; reserve plant and Government and contractor-

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1299

owned equipment layaway, $5,837,347,000, to remain available for
obligation until September 30, 2023.
DEFENSE PRODUCTION ACT PURCHASES
For activities by the Department of Defense pursuant to sections 108, 301, 302, and 303 of the Defense Production Act of
1950 (50 U.S.C. 4518, 4531, 4532, and 4533), $174,639,000, to
remain available until expended: Provided, That no less than
$60,000,000 of the funds provided under this heading shall be
obligated and expended by the Secretary of Defense in behalf of
the Department of Defense as if delegated the necessary authorities
conferred by the Defense Production Act of 1950.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
RESEARCH, DEVELOPMENT, TEST

AND

EVALUATION, ARMY

For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$13,969,032,000, to remain available for obligation until September
30, 2022.
RESEARCH, DEVELOPMENT, TEST

AND

EVALUATION, NAVY

For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$20,078,829,000, to remain available for obligation until September
30, 2022: Provided, That funds appropriated in this paragraph
which are available for the V–22 may be used to meet unique
operational requirements of the Special Operations Forces.
RESEARCH, DEVELOPMENT, TEST

AND

EVALUATION, AIR FORCE

For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$36,357,443,000, to remain available for obligation until September
30, 2022.
RESEARCH, DEVELOPMENT, TEST

AND

EVALUATION, SPACE FORCE

For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$10,540,069,000, to remain available until September 30, 2022.

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RESEARCH, DEVELOPMENT, TEST

AND

EVALUATION, DEFENSE-WIDE

For expenses of activities and agencies of the Department of
Defense (other than the military departments), necessary for basic
and applied scientific research, development, test and evaluation;
advanced research projects as may be designated and determined
by the Secretary of Defense, pursuant to law; maintenance,
rehabilitation, lease, and operation of facilities and equipment,

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134 STAT. 1300

PUBLIC LAW 116–260—DEC. 27, 2020

$25,932,671,000, to remain available for obligation until September
30, 2022.
OPERATIONAL TEST

AND

EVALUATION, DEFENSE

For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and Evaluation, in the direction and supervision of operational test and evaluation, including initial operational test and evaluation which is conducted prior to, and in support of, production decisions; joint operational testing and evaluation; and administrative expenses in
connection therewith, $257,120,000, to remain available for obligation until September 30, 2022.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
DEFENSE WORKING CAPITAL FUNDS
For the Defense Working Capital Funds, $1,473,910,000.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
DEFENSE HEALTH PROGRAM

Reports.

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Notice.
Deadline.
Time period.
Reviews.

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For expenses, not otherwise provided for, for medical and health
care programs of the Department of Defense as authorized by
law, $33,684,607,000; of which $30,747,659,000 shall be for operation and maintenance, of which not to exceed one percent shall
remain available for obligation until September 30, 2022, and of
which up to $16,008,365,000 may be available for contracts entered
into under the TRICARE program; of which $544,369,000, to remain
available for obligation until September 30, 2023, shall be for
procurement; and of which $2,392,579,000, to remain available for
obligation until September 30, 2022, shall be for research, development, test and evaluation: Provided, That, notwithstanding any
other provision of law, of the amount made available under this
heading for research, development, test and evaluation, not less
than $8,000,000 shall be available for HIV prevention educational
activities undertaken in connection with United States military
training, exercises, and humanitarian assistance activities conducted primarily in African nations: Provided further, That of the
funds provided under this heading for research, development, test
and evaluation, not less than $1,489,000,000 shall be made available
to the United States Army Medical Research and Development
Command to carry out the congressionally directed medical research
programs: Provided further, That the Secretary of Defense shall
submit to the congressional defense committees quarterly reports
on the current status of the deployment of the electronic health
record: Provided further, That the Secretary of Defense shall provide
notice to the congressional defense committees not later than 10
business days after delaying the proposed timeline of such deployment if such delay is longer than 1 week: Provided further, That
the Comptroller General of the United States shall perform quarterly performance reviews of such deployment.

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PUBLIC LAW 116–260—DEC. 27, 2020
CHEMICAL AGENTS

AND

134 STAT. 1301

MUNITIONS DESTRUCTION, DEFENSE

For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical agents
and munitions in accordance with the provisions of section 1412
of the Department of Defense Authorization Act, 1986 (50 U.S.C.
1521), and for the destruction of other chemical warfare materials
that are not in the chemical weapon stockpile, $1,049,800,000,
of which $106,691,000 shall be for operation and maintenance,
of which no less than $51,009,000 shall be for the Chemical Stockpile Emergency Preparedness Program, consisting of $22,235,000
for activities on military installations and $28,774,000, to remain
available until September 30, 2022, to assist State and local governments; $616,000 shall be for procurement, to remain available until
September 30, 2023, of which not less than $616,000 shall be
for the Chemical Stockpile Emergency Preparedness Program to
assist State and local governments; and $942,493,000, to remain
available until September 30, 2022, shall be for research, development, test and evaluation, of which $935,999,000 shall only be
for the Assembled Chemical Weapons Alternatives program.
DRUG INTERDICTION

AND

COUNTER-DRUG ACTIVITIES, DEFENSE

(INCLUDING TRANSFER OF FUNDS)

For drug interdiction and counter-drug activities of the Department of Defense, for transfer to appropriations available to the
Department of Defense for military personnel of the reserve components serving under the provisions of title 10 and title 32, United
States Code; for operation and maintenance; for procurement; and
for research, development, test and evaluation, $914,429,000, of
which $567,003,000 shall be for counter-narcotics support;
$127,704,000 shall be for the drug demand reduction program;
$194,211,000 shall be for the National Guard counter-drug program;
and $25,511,000 shall be for the National Guard counter-drug
schools program: Provided, That the funds appropriated under this
heading shall be available for obligation for the same time period
and for the same purpose as the appropriation to which transferred:
Provided further, That upon a determination that all or part of
the funds transferred from this appropriation are not necessary
for the purposes provided herein, such amounts may be transferred
back to this appropriation: Provided further, That the transfer
authority provided under this heading is in addition to any other
transfer authority contained elsewhere in this Act.

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OFFICE

OF THE INSPECTOR

Determination.

GENERAL

For expenses and activities of the Office of the Inspector General in carrying out the provisions of the Inspector General Act
of 1978, as amended, $375,439,000, of which $373,483,000 shall
be for operation and maintenance, of which not to exceed $700,000
is available for emergencies and extraordinary expenses to be
expended upon the approval or authority of the Inspector General,
and payments may be made upon the Inspector General’s certificate
of necessity for confidential military purposes; of which $858,000,
to remain available for obligation until September 30, 2023, shall
be for procurement; and of which $1,098,000, to remain available

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134 STAT. 1302

PUBLIC LAW 116–260—DEC. 27, 2020

until September 30, 2022, shall be for research, development, test
and evaluation.
TITLE VII
RELATED AGENCIES
CENTRAL INTELLIGENCE AGENCY RETIREMENT
SYSTEM FUND

AND

DISABILITY

For payment to the Central Intelligence Agency Retirement
and Disability System Fund, to maintain the proper funding level
for continuing the operation of the Central Intelligence Agency
Retirement and Disability System, $514,000,000.
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT
For necessary expenses of the Intelligence Community Management Account, $633,719,000.
TITLE VIII
GENERAL PROVISIONS
Propaganda.

10 USC 1584
note.

Turkey.

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Time period.

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SEC. 8001. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not authorized by the Congress.
SEC. 8002. During the current fiscal year, provisions of law
prohibiting the payment of compensation to, or employment of,
any person not a citizen of the United States shall not apply
to personnel of the Department of Defense: Provided, That salary
increases granted to direct and indirect hire foreign national
employees of the Department of Defense funded by this Act shall
not be at a rate in excess of the percentage increase authorized
by law for civilian employees of the Department of Defense whose
pay is computed under the provisions of section 5332 of title 5,
United States Code, or at a rate in excess of the percentage increase
provided by the appropriate host nation to its own employees,
whichever is higher: Provided further, That this section shall not
apply to Department of Defense foreign service national employees
serving at United States diplomatic missions whose pay is set
by the Department of State under the Foreign Service Act of 1980:
Provided further, That the limitations of this provision shall not
apply to foreign national employees of the Department of Defense
in the Republic of Turkey.
SEC. 8003. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current fiscal
year, unless expressly so provided herein.
SEC. 8004. No more than 20 percent of the appropriations
in this Act which are limited for obligation during the current
fiscal year shall be obligated during the last 2 months of the
fiscal year: Provided, That this section shall not apply to obligations
for support of active duty training of reserve components or summer
camp training of the Reserve Officers’ Training Corps.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1303

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(TRANSFER OF FUNDS)

SEC. 8005. Upon determination by the Secretary of Defense
that such action is necessary in the national interest, the Secretary
may, with the approval of the Office of Management and Budget,
transfer not to exceed $4,000,000,000 of working capital funds of
the Department of Defense or funds made available in this Act
to the Department of Defense for military functions (except military
construction) between such appropriations or funds or any subdivision thereof, to be merged with and to be available for the same
purposes, and for the same time period, as the appropriation or
fund to which transferred: Provided, That such authority to transfer
may not be used unless for higher priority items, based on unforeseen military requirements, than those for which originally appropriated and in no case where the item for which funds are requested
has been denied by the Congress: Provided further, That the Secretary of Defense shall notify the Congress promptly of all transfers
made pursuant to this authority or any other authority in this
Act: Provided further, That no part of the funds in this Act shall
be available to prepare or present a request to the Committees
on Appropriations of the House of Representatives and the Senate
for reprogramming of funds, unless for higher priority items, based
on unforeseen military requirements, than those for which originally
appropriated and in no case where the item for which reprogramming is requested has been denied by the Congress: Provided further, That a request for multiple reprogrammings of funds using
authority provided in this section shall be made prior to June
30, 2021: Provided further, That transfers among military personnel
appropriations shall not be taken into account for purposes of
the limitation on the amount of funds that may be transferred
under this section.
SEC. 8006. (a) With regard to the list of specific programs,
projects, and activities (and the dollar amounts and adjustments
to budget activities corresponding to such programs, projects, and
activities) contained in the tables titled Explanation of Project Level
Adjustments in the explanatory statement regarding this Act and
the tables contained in the classified annex accompanying this
Act, the obligation and expenditure of amounts appropriated or
otherwise made available in this Act for those programs, projects,
and activities for which the amounts appropriated exceed the
amounts requested are hereby required by law to be carried out
in the manner provided by such tables to the same extent as
if the tables were included in the text of this Act.
(b) Amounts specified in the referenced tables described in
subsection (a) shall not be treated as subdivisions of appropriations
for purposes of section 8005 of this Act: Provided, That section
8005 shall apply when transfers of the amounts described in subsection (a) occur between appropriation accounts.
SEC. 8007. (a) Not later than 60 days after enactment of this
Act, the Department of Defense shall submit a report to the congressional defense committees to establish the baseline for application
of reprogramming and transfer authorities for fiscal year 2021:
Provided, That the report shall include—
(1) a table for each appropriation with a separate column
to display the President’s budget request, adjustments made
by Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level;

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Determination.

Notification.

Reprogramming
requests.

Reprogramming
requests.
Deadline.

Applicability.

Reports.

PUBL260A

134 STAT. 1304

PUBLIC LAW 116–260—DEC. 27, 2020

(2) a delineation in the table for each appropriation both
by budget activity and program, project, and activity as detailed
in the Budget Appendix; and
(3) an identification of items of special congressional
interest.
(b) Notwithstanding section 8005 of this Act, none of the funds
provided in this Act shall be available for reprogramming or transfer
until the report identified in subsection (a) is submitted to the
congressional defense committees, unless the Secretary of Defense
certifies in writing to the congressional defense committees that
such reprogramming or transfer is necessary as an emergency
requirement: Provided, That this subsection shall not apply to transfers from the following appropriations accounts:
(1) ‘‘Environmental Restoration, Army’’;
(2) ‘‘Environmental Restoration, Navy’’;
(3) ‘‘Environmental Restoration, Air Force’’;
(4) ‘‘Environmental Restoration, Defense-Wide’’;
(5) ‘‘Environmental Restoration, Formerly Used Defense
Sites’’; and
(6) ‘‘Drug Interdiction and Counter-drug Activities,
Defense’’.

Certification.

(TRANSFER OF FUNDS)

Determination.
Approval.
Notification.

Notification.

Notification.
Deadline.

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Contracts.
Notifications.
Deadlines.
10 USC 2306b
note.

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SEC. 8008. During the current fiscal year, cash balances in
working capital funds of the Department of Defense established
pursuant to section 2208 of title 10, United States Code, may
be maintained in only such amounts as are necessary at any time
for cash disbursements to be made from such funds: Provided,
That transfers may be made between such funds: Provided further,
That transfers may be made between working capital funds and
the ‘‘Foreign Currency Fluctuations, Defense’’ appropriation and
the ‘‘Operation and Maintenance’’ appropriation accounts in such
amounts as may be determined by the Secretary of Defense, with
the approval of the Office of Management and Budget, except that
such transfers may not be made unless the Secretary of Defense
has notified the Congress of the proposed transfer: Provided further,
That except in amounts equal to the amounts appropriated to
working capital funds in this Act, no obligations may be made
against a working capital fund to procure or increase the value
of war reserve material inventory, unless the Secretary of Defense
has notified the Congress prior to any such obligation.
SEC. 8009. Funds appropriated by this Act may not be used
to initiate a special access program without prior notification 30
calendar days in advance to the congressional defense committees.
SEC. 8010. None of the funds provided in this Act shall be
available to initiate: (1) a multiyear contract that employs economic
order quantity procurement in excess of $20,000,000 in any one
year of the contract or that includes an unfunded contingent liability
in excess of $20,000,000; or (2) a contract for advance procurement
leading to a multiyear contract that employs economic order
quantity procurement in excess of $20,000,000 in any one year,
unless the congressional defense committees have been notified
at least 30 days in advance of the proposed contract award: Provided, That no part of any appropriation contained in this Act
shall be available to initiate a multiyear contract for which the
economic order quantity advance procurement is not funded at

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134 STAT. 1305

least to the limits of the Government’s liability: Provided further,
That no part of any appropriation contained in this Act shall
be available to initiate multiyear procurement contracts for any
systems or component thereof if the value of the multiyear contract
would exceed $500,000,000 unless specifically provided in this Act:
Provided further, That no multiyear procurement contract can be
terminated without 30-day prior notification to the congressional
defense committees: Provided further, That the execution of
multiyear authority shall require the use of a present value analysis
to determine lowest cost compared to an annual procurement: Provided further, That none of the funds provided in this Act may
be used for a multiyear contract executed after the date of the
enactment of this Act unless in the case of any such contract—
(1) the Secretary of Defense has submitted to Congress
a budget request for full funding of units to be procured through
the contract and, in the case of a contract for procurement
of aircraft, that includes, for any aircraft unit to be procured
through the contract for which procurement funds are requested
in that budget request for production beyond advance procurement activities in the fiscal year covered by the budget, full
funding of procurement of such unit in that fiscal year;
(2) cancellation provisions in the contract do not include
consideration of recurring manufacturing costs of the contractor
associated with the production of unfunded units to be delivered
under the contract;
(3) the contract provides that payments to the contractor
under the contract shall not be made in advance of incurred
costs on funded units; and
(4) the contract does not provide for a price adjustment
based on a failure to award a follow-on contract.
SEC. 8011. Within the funds appropriated for the operation
and maintenance of the Armed Forces, funds are hereby appropriated pursuant to section 401 of title 10, United States Code,
for humanitarian and civic assistance costs under chapter 20 of
title 10, United States Code. Such funds may also be obligated
for humanitarian and civic assistance costs incidental to authorized
operations and pursuant to authority granted in section 401 of
title 10, United States Code, and these obligations shall be reported
as required by section 401(d) of title 10, United States Code: Provided, That funds available for operation and maintenance shall
be available for providing humanitarian and similar assistance
by using Civic Action Teams in the Trust Territories of the Pacific
Islands and freely associated states of Micronesia, pursuant to
the Compact of Free Association as authorized by Public Law 99–
239: Provided further, That upon a determination by the Secretary
of the Army that such action is beneficial for graduate medical
education programs conducted at Army medical facilities located
in Hawaii, the Secretary of the Army may authorize the provision
of medical services at such facilities and transportation to such
facilities, on a nonreimbursable basis, for civilian patients from
American Samoa, the Commonwealth of the Northern Mariana
Islands, the Marshall Islands, the Federated States of Micronesia,
Palau, and Guam.
SEC. 8012. (a) During the current fiscal year, the civilian personnel of the Department of Defense may not be managed solely
on the basis of any constraint or limitation in terms of man years,
end strength, full-time equivalent positions, or maximum number

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Analysis.
Determination.

Budget request.

Humanitarian
assistance.
Territories.
Reports.

Determination.
Hawaii.

PUBL260A

134 STAT. 1306

Workforce
reduction.
Analysis.

Budget request.
Effective date.

Lobbying.

Applicability.

PUBLIC LAW 116–260—DEC. 27, 2020

of employees, but are to be managed primarily on the basis of,
and in a manner consistent with—
(1) the total force management policies and procedures
established under section 129a of title 10, United States Code;
(2) the workload required to carry out the functions and
activities of the Department; and
(3) the funds made available to the Department for such
fiscal year.
(b) None of the funds appropriated by this Act may be used
to reduce the civilian workforce programmed full time equivalent
levels absent the appropriate analysis of the impacts of these reductions on workload, military force structure, lethality, readiness,
operational effectiveness, stress on the military force, and fully
burdened costs.
(c) A projection of the number of full-time equivalent positions
shall not be considered a constraint or limitation for purposes
of subsection (a) and reducing funding for under-execution of such
a projection shall not be considered managing based on a constraint
or limitation for purposes of such subsection.
(d) The fiscal year 2022 budget request for the Department
of Defense, and any justification material and other documentation
supporting such request, shall be prepared and submitted to Congress as if subsections (a) and (b) were effective with respect to
such fiscal year.
(e) Nothing in this section shall be construed to apply to military (civilian) technicians.
SEC. 8013. None of the funds made available by this Act shall
be used in any way, directly or indirectly, to influence congressional
action on any legislation or appropriation matters pending before
the Congress.
SEC. 8014. None of the funds appropriated by this Act shall
be available for the basic pay and allowances of any member of
the Army participating as a full-time student and receiving benefits
paid by the Secretary of Veterans Affairs from the Department
of Defense Education Benefits Fund when time spent as a fulltime student is credited toward completion of a service commitment:
Provided, That this section shall not apply to those members who
have reenlisted with this option prior to October 1, 1987: Provided
further, That this section applies only to active components of
the Army.

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(TRANSFER OF FUNDS)

SEC. 8015. (a) Funds appropriated in title III of this Act for
the Department of Defense Pilot Mentor-Prote´ge´ Program may be
transferred to any other appropriation contained in this Act solely
for the purpose of implementing a Mentor-Prote´ge´ Program developmental assistance agreement pursuant to section 831 of the
National Defense Authorization Act for Fiscal Year 1991 (Public
Law 101–510; 10 U.S.C. 2302 note), as amended, under the
authority of this provision or any other transfer authority contained
in this Act.
(b) The Secretary of Defense shall include with the budget
justification documents in support of the budget for any fiscal
year after fiscal year 2021 (as submitted to Congress pursuant
to section 1105 of title 31, United States Code) a description of

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134 STAT. 1307

each transfer under this section that occurred during the last fiscal
year before the fiscal year in which such budget is submitted.
SEC. 8016. None of the funds in this Act may be available
for the purchase by the Department of Defense (and its departments
and agencies) of welded shipboard anchor and mooring chain 4
inches in diameter and under unless the anchor and mooring chain
are manufactured in the United States from components which
are substantially manufactured in the United States: Provided,
That for the purpose of this section, the term ‘‘manufactured’’ shall
include cutting, heat treating, quality control, testing of chain and
welding (including the forging and shot blasting process): Provided
further, That for the purpose of this section substantially all of
the components of anchor and mooring chain shall be considered
to be produced or manufactured in the United States if the aggregate cost of the components produced or manufactured in the United
States exceeds the aggregate cost of the components produced or
manufactured outside the United States: Provided further, That
when adequate domestic supplies are not available to meet Department of Defense requirements on a timely basis, the Secretary
of the Service responsible for the procurement may waive this
restriction on a case-by-case basis by certifying in writing to the
Committees on Appropriations of the House of Representatives and
the Senate that such an acquisition must be made in order to
acquire capability for national security purposes.
SEC. 8017. None of the funds available in this Act to the
Department of Defense, other than appropriations made for necessary or routine refurbishments, upgrades or maintenance activities, shall be used to reduce or to prepare to reduce the number
of deployed and non-deployed strategic delivery vehicles and
launchers below the levels set forth in the report submitted to
Congress in accordance with section 1042 of the National Defense
Authorization Act for Fiscal Year 2012.
SEC. 8018. None of the funds appropriated by this Act shall
be used for the support of any nonappropriated funds activity
of the Department of Defense that procures malt beverages and
wine with nonappropriated funds for resale (including such alcoholic
beverages sold by the drink) on a military installation located
in the United States unless such malt beverages and wine are
procured within that State, or in the case of the District of
Columbia, within the District of Columbia, in which the military
installation is located: Provided, That, in a case in which the
military installation is located in more than one State, purchases
may be made in any State in which the installation is located:
Provided further, That such local procurement requirements for
malt beverages and wine shall apply to all alcoholic beverages
only for military installations in States which are not contiguous
with another State: Provided further, That alcoholic beverages other
than wine and malt beverages, in contiguous States and the District
of Columbia shall be procured from the most competitive source,
price and other factors considered.
SEC. 8019. None of the funds available to the Department
of Defense may be used to demilitarize or dispose of M–1 Carbines,
M–1 Garand rifles, M–14 rifles, .22 caliber rifles, .30 caliber rifles,
or M–1911 pistols, or to demilitarize or destroy small arms ammunition or ammunition components that are not otherwise prohibited
from commercial sale under Federal law, unless the small arms

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Anchor and
mooring chain.

Definition.

Waiver authority.
Certification.

Alcohol and
alcoholic
beverages.

Applicability.

Arms and
munitions.
Certification.

PUBL260A

134 STAT. 1308

Waiver authority.
Certification.

Contracts.

Applicability.

Kuwait.

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Notifications.
Deadlines.

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PUBLIC LAW 116–260—DEC. 27, 2020

ammunition or ammunition components are certified by the Secretary of the Army or designee as unserviceable or unsafe for
further use.
SEC. 8020. No more than $500,000 of the funds appropriated
or made available in this Act shall be used during a single fiscal
year for any single relocation of an organization, unit, activity
or function of the Department of Defense into or within the National
Capital Region: Provided, That the Secretary of Defense may waive
this restriction on a case-by-case basis by certifying in writing
to the congressional defense committees that such a relocation
is required in the best interest of the Government.
SEC. 8021. In addition to the funds provided else-where in
this Act, $25,000,000 is appropriated only for incentive payments
authorized by section 504 of the Indian Financing Act of 1974
(25 U.S.C. 1544): Provided, That a prime contractor or a subcontractor at any tier that makes a subcontract award to any subcontractor or supplier as defined in section 1544 of title 25, United
States Code, or a small business owned and controlled by an individual or individuals defined under section 4221(9) of title 25,
United States Code, shall be considered a contractor for the purposes of being allowed additional compensation under section 504
of the Indian Financing Act of 1974 (25 U.S.C. 1544) whenever
the prime contract or subcontract amount is over $500,000 and
involves the expenditure of funds appropriated by an Act making
appropriations for the Department of Defense with respect to any
fiscal year: Provided further, That notwithstanding section 1906
of title 41, United States Code, this section shall be applicable
to any Department of Defense acquisition of supplies or services,
including any contract and any subcontract at any tier for acquisition of commercial items produced or manufactured, in whole or
in part, by any subcontractor or supplier defined in section 1544
of title 25, United States Code, or a small business owned and
controlled by an individual or individuals defined under section
4221(9) of title 25, United States Code.
SEC. 8022. Funds appropriated by this Act for the Defense
Media Activity shall not be used for any national or international
political or psychological activities.
SEC. 8023. During the current fiscal year, the Department
of Defense is authorized to incur obligations of not to exceed
$350,000,000 for purposes specified in section 2350j(c) of title 10,
United States Code, in anticipation of receipt of contributions, only
from the Government of Kuwait, under that section: Provided,
That, upon receipt, such contributions from the Government of
Kuwait shall be credited to the appropriations or fund which
incurred such obligations.
SEC. 8024. The Secretary of Defense shall notify the congressional defense committees in writing not more than 30 days after
the receipt of any contribution of funds received from the government of a foreign country for any purpose relating to the stationing
or operations of the United States Armed Forces: Provided, That
such notification shall include the amount of the contribution; the
purpose for which such contribution was made; and the authority
under which such contribution was accepted by the Secretary of
Defense: Provided further, That not fewer than 15 days prior to
obligating such funds, the Secretary of Defense shall submit to
the congressional defense committees in writing a notification of

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1309

the planned use of such contributions, including whether such contributions would support existing or new stationing or operations
of the United States Armed Forces.
SEC. 8025. (a) Of the funds made available in this Act, not
less than $56,205,000 shall be available for the Civil Air Patrol
Corporation, of which—
(1) $43,205,000 shall be available from ‘‘Operation and
Maintenance, Air Force’’ to support Civil Air Patrol Corporation
operation and maintenance, readiness, counter-drug activities,
and drug demand reduction activities involving youth programs;
(2) $11,200,000 shall be available from ‘‘Aircraft Procurement, Air Force’’; and
(3) $1,800,000 shall be available from ‘‘Other Procurement,
Air Force’’ for vehicle procurement.
(b) The Secretary of the Air Force should waive reimbursement
for any funds used by the Civil Air Patrol for counter-drug activities
in support of Federal, State, and local government agencies.
SEC. 8026. (a) None of the funds appropriated in this Act
are available to establish a new Department of Defense (department) federally funded research and development center (FFRDC),
either as a new entity, or as a separate entity administrated by
an organization managing another FFRDC, or as a nonprofit membership corporation consisting of a consortium of other FFRDCs
and other nonprofit entities.
(b) No member of a Board of Directors, Trustees, Overseers,
Advisory Group, Special Issues Panel, Visiting Committee, or any
similar entity of a defense FFRDC, and no paid consultant to
any defense FFRDC, except when acting in a technical advisory
capacity, may be compensated for his or her services as a member
of such entity, or as a paid consultant by more than one FFRDC
in a fiscal year: Provided, That a member of any such entity
referred to previously in this subsection shall be allowed travel
expenses and per diem as authorized under the Federal Joint Travel
Regulations, when engaged in the performance of membership
duties.
(c) Notwithstanding any other provision of law, none of the
funds available to the department from any source during the
current fiscal year may be used by a defense FFRDC, through
a fee or other payment mechanism, for construction of new buildings
not located on a military installation, for payment of cost sharing
for projects funded by Government grants, for absorption of contract
overruns, or for certain charitable contributions, not to include
employee participation in community service and/or development.
(d) Notwithstanding any other provision of law, of the funds
available to the department during fiscal year 2021, not more
than 6,053 staff years of technical effort (staff years) may be funded
for defense FFRDCs: Provided, That, within such funds for 6,053
staff years, funds shall be available only for 1,148 staff years
for the defense studies and analysis FFRDCs: Provided further,
That this subsection shall not apply to staff years funded in the
National Intelligence Program (NIP) and the Military Intelligence
Program (MIP).
(e) The Secretary of Defense shall, with the submission of
the department’s fiscal year 2022 budget request, submit a report
presenting the specific amounts of staff years of technical effort
to be allocated for each defense FFRDC during that fiscal year
and the associated budget estimates.

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Reports.
Budget
estimates.

PUBL260A

134 STAT. 1310
Contracts.

Applicability.

Waiver authority.
Certification.

Definition.
10 USC 2241
note.

Certification.

Consultation.
Determination.
Contracts.
Rescission.
41 USC 8304
note.

Memorandum.

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Reports.

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PUBLIC LAW 116–260—DEC. 27, 2020

SEC. 8027. None of the funds appropriated or made available
in this Act shall be used to procure carbon, alloy, or armor steel
plate for use in any Government-owned facility or property under
the control of the Department of Defense which were not melted
and rolled in the United States or Canada: Provided, That these
procurement restrictions shall apply to any and all Federal Supply
Class 9515, American Society of Testing and Materials (ASTM)
or American Iron and Steel Institute (AISI) specifications of carbon,
alloy or armor steel plate: Provided further, That the Secretary
of the military department responsible for the procurement may
waive this restriction on a case-by-case basis by certifying in writing
to the Committees on Appropriations of the House of Representatives and the Senate that adequate domestic supplies are not available to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to
acquire capability for national security purposes: Provided further,
That these restrictions shall not apply to contracts which are in
being as of the date of the enactment of this Act.
SEC. 8028. For the purposes of this Act, the term ‘‘congressional
defense committees’’ means the Armed Services Committee of the
House of Representatives, the Armed Services Committee of the
Senate, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives.
SEC. 8029. During the current fiscal year, the Department
of Defense may acquire the modification, depot maintenance and
repair of aircraft, vehicles and vessels as well as the production
of components and other Defense-related articles, through competition between Department of Defense depot maintenance activities
and private firms: Provided, That the Senior Acquisition Executive
of the military department or Defense Agency concerned, with power
of delegation, shall certify that successful bids include comparable
estimates of all direct and indirect costs for both public and private
bids: Provided further, That Office of Management and Budget
Circular A–76 shall not apply to competitions conducted under
this section.
SEC. 8030. (a)(1) If the Secretary of Defense, after consultation
with the United States Trade Representative, determines that a
foreign country which is party to an agreement described in paragraph (2) has violated the terms of the agreement by discriminating
against certain types of products produced in the United States
that are covered by the agreement, the Secretary of Defense shall
rescind the Secretary’s blanket waiver of the Buy American Act
with respect to such types of products produced in that foreign
country.
(2) An agreement referred to in paragraph (1) is any reciprocal defense procurement memorandum of understanding,
between the United States and a foreign country pursuant
to which the Secretary of Defense has prospectively waived
the Buy American Act for certain products in that country.
(b) The Secretary of Defense shall submit to the Congress
a report on the amount of Department of Defense purchases from
foreign entities in fiscal year 2021. Such report shall separately
indicate the dollar value of items for which the Buy American
Act was waived pursuant to any agreement described in subsection
(a)(2), the Trade Agreement Act of 1979 (19 U.S.C. 2501 et seq.),

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1311

or any international agreement to which the United States is a
party.
(c) For purposes of this section, the term ‘‘Buy American Act’’
means chapter 83 of title 41, United States Code.
SEC. 8031. During the current fiscal year, amounts contained
in the Department of Defense Overseas Military Facility Investment
Recovery Account shall be available until expended for the payments
specified by section 2687a(b)(2) of title 10, United States Code.
SEC. 8032. (a) Notwithstanding any other provision of law,
the Secretary of the Air Force may convey at no cost to the Air
Force, without consideration, to Indian tribes located in the States
of Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon,
Minnesota, and Washington relocatable military housing units
located at Grand Forks Air Force Base, Malmstrom Air Force Base,
Mountain Home Air Force Base, Ellsworth Air Force Base, and
Minot Air Force Base that are excess to the needs of the Air
Force.
(b) The Secretary of the Air Force shall convey, at no cost
to the Air Force, military housing units under subsection (a) in
accordance with the request for such units that are submitted
to the Secretary by the Operation Walking Shield Program on
behalf of Indian tribes located in the States of Nevada, Idaho,
North Dakota, South Dakota, Montana, Oregon, Minnesota, and
Washington. Any such conveyance shall be subject to the condition
that the housing units shall be removed within a reasonable period
of time, as determined by the Secretary.
(c) The Operation Walking Shield Program shall resolve any
conflicts among requests of Indian tribes for housing units under
subsection (a) before submitting requests to the Secretary of the
Air Force under subsection (b).
(d) In this section, the term ‘‘Indian tribe’’ means any recognized
Indian tribe included on the current list published by the Secretary
of the Interior under section 104 of the Federally Recognized Indian
Tribe Act of 1994 (Public Law 103–454; 108 Stat. 4792; 25 U.S.C.
5131).
SEC. 8033. During the current fiscal year, appropriations which
are available to the Department of Defense for operation and
maintenance may be used to purchase items having an investment
item unit cost of not more than $250,000.

Definition.

Native
Americans.
State listing.
Housing.

Determination.

Definition.

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(INCLUDING TRANSFER OF FUNDS)

SEC. 8034. Subject to section 8005 of this Act, the Secretary
of Defense may transfer funds appropriated in fiscal year 2021
for ‘‘Shipbuilding and Conversion, Navy: LPD Flight II–LPD 31’’
to ‘‘Shipbuilding and Conversion, Navy: LPD 32 (AP)’’, and ‘‘Shipbuilding and Conversion, Navy: LPD 33 (AP)’’ for fiscal year 2021
advance procurement authorized by section 124(c) of the National
Defense Authorization Act for Fiscal Year 2021: Provided, That
the transfer authority provided under this provision is in addition
to any other transfer authority contained in this Act.
SEC. 8035. Up to $14,000,000 of the funds appropriated under
the heading ‘‘Operation and Maintenance, Navy’’ may be made
available for the Asia Pacific Regional Initiative Program for the
purpose of enabling the United States Indo-Pacific Command to
execute Theater Security Cooperation activities such as humanitarian assistance, and payment of incremental and personnel costs

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134 STAT. 1312

Regulations.
Tobacco and
tobacco products.
10 USC 2484
note.

Budget request.

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50 USC 3521
note.

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PUBLIC LAW 116–260—DEC. 27, 2020

of training and exercising with foreign security forces: Provided,
That funds made available for this purpose may be used, notwithstanding any other funding authorities for humanitarian assistance,
security assistance or combined exercise expenses: Provided further,
That funds may not be obligated to provide assistance to any
foreign country that is otherwise prohibited from receiving such
type of assistance under any other provision of law.
SEC. 8036. The Secretary of Defense shall issue regulations
to prohibit the sale of any tobacco or tobacco-related products in
military resale outlets in the United States, its territories and
possessions at a price below the most competitive price in the
local community: Provided, That such regulations shall direct that
the prices of tobacco or tobacco-related products in overseas military
retail outlets shall be within the range of prices established for
military retail system stores located in the United States.
SEC. 8037. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of Defense
Working Capital Funds shall be used for the purchase of an investment item for the purpose of acquiring a new inventory item for
sale or anticipated sale during the current fiscal year or a subsequent fiscal year to customers of the Department of Defense
Working Capital Funds if such an item would not have been chargeable to the Department of Defense Business Operations Fund during
fiscal year 1994 and if the purchase of such an investment item
would be chargeable during the current fiscal year to appropriations
made to the Department of Defense for procurement.
(b) The fiscal year 2022 budget request for the Department
of Defense as well as all justification material and other documentation supporting the fiscal year 2022 Department of Defense budget
shall be prepared and submitted to the Congress on the basis
that any equipment which was classified as an end item and funded
in a procurement appropriation contained in this Act shall be budgeted for in a proposed fiscal year 2022 procurement appropriation
and not in the supply management business area or any other
area or category of the Department of Defense Working Capital
Funds.
SEC. 8038. None of the funds appropriated by this Act for
programs of the Central Intelligence Agency shall remain available
for obligation beyond the current fiscal year, except for funds appropriated for the Reserve for Contingencies, which shall remain available until September 30, 2022: Provided, That funds appropriated,
transferred, or otherwise credited to the Central Intelligence Agency
Central Services Working Capital Fund during this or any prior
or subsequent fiscal year shall remain available until expended:
Provided further, That any funds appropriated or transferred to
the Central Intelligence Agency for advanced research and development acquisition, for agent operations, and for covert action programs authorized by the President under section 503 of the National
Security Act of 1947 (50 U.S.C. 3093) shall remain available until
September 30, 2022: Provided further, That any funds appropriated
or transferred to the Central Intelligence Agency for the construction, improvement, or alteration of facilities, including leased facilities, to be used primarily by personnel of the intelligence community
shall remain available until September 30, 2023.
SEC. 8039. Of the funds appropriated to the Department of
Defense under the heading ‘‘Operation and Maintenance, DefenseWide’’, not less than $12,000,000 shall be made available only

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1313

for the mitigation of environmental impacts, including training
and technical assistance to tribes, related administrative support,
the gathering of information, documenting of environmental damage, and developing a system for prioritization of mitigation and
cost to complete estimates for mitigation, on Indian lands resulting
from Department of Defense activities.
SEC. 8040. (a) None of the funds appropriated in this Act
may be expended by an entity of the Department of Defense unless
the entity, in expending the funds, complies with the Buy American
Act. For purposes of this subsection, the term ‘‘Buy American Act’’
means chapter 83 of title 41, United States Code.
(b) If the Secretary of Defense determines that a person has
been convicted of intentionally affixing a label bearing a ‘‘Made
in America’’ inscription to any product sold in or shipped to the
United States that is not made in America, the Secretary shall
determine, in accordance with section 2410f of title 10, United
States Code, whether the person should be debarred from contracting with the Department of Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of the Congress that any entity of the Department of Defense, in expending
the appropriation, purchase only American-made equipment and
products, provided that American-made equipment and products
are cost-competitive, quality competitive, and available in a timely
fashion.
SEC. 8041. (a) Except as provided in subsections (b) and (c),
none of the funds made available by this Act may be used—
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces
or civilian employee of the department who is transferred or
reassigned from a headquarters activity if the member or
employee’s place of duty remains at the location of that headquarters.
(b) The Secretary of Defense or Secretary of a military department may waive the limitations in subsection (a), on a case-bycase basis, if the Secretary determines, and certifies to the Committees on Appropriations of the House of Representatives and the
Senate that the granting of the waiver will reduce the personnel
requirements or the financial requirements of the department.
(c) This section does not apply to—
(1) field operating agencies funded within the National
Intelligence Program;
(2) an Army field operating agency established to eliminate,
mitigate, or counter the effects of improvised explosive devices,
and, as determined by the Secretary of the Army, other similar
threats;
(3) an Army field operating agency established to improve
the effectiveness and efficiencies of biometric activities and
to integrate common biometric technologies throughout the
Department of Defense; or
(4) an Air Force field operating agency established to
administer the Air Force Mortuary Affairs Program and Mortuary Operations for the Department of Defense and authorized
Federal entities.
SEC. 8042. (a) None of the funds appropriated by this Act
shall be available to convert to contractor performance an activity
or function of the Department of Defense that, on or after the

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Compliance.

Definition.
Determinations.
Labeling.
Fraud.
Debarment.

Waiver authority.
Determination.
Certification.

Determination.

Contracts.
Effective date.

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134 STAT. 1314

Plan.

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Determination.

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date of the enactment of this Act, is performed by Department
of Defense civilian employees unless—
(1) the conversion is based on the result of a public-private
competition that includes a most efficient and cost effective
organization plan developed by such activity or function;
(2) the Competitive Sourcing Official determines that, over
all performance periods stated in the solicitation of offers for
performance of the activity or function, the cost of performance
of the activity or function by a contractor would be less costly
to the Department of Defense by an amount that equals or
exceeds the lesser of—
(A) 10 percent of the most efficient organization’s personnel-related costs for performance of that activity or function by Federal employees; or
(B) $10,000,000; and
(3) the contractor does not receive an advantage for a
proposal that would reduce costs for the Department of Defense
by—
(A) not making an employer-sponsored health insurance plan available to the workers who are to be employed
in the performance of that activity or function under the
contract; or
(B) offering to such workers an employer-sponsored
health benefits plan that requires the employer to contribute less towards the premium or subscription share
than the amount that is paid by the Department of Defense
for health benefits for civilian employees under chapter
89 of title 5, United States Code.
(b)(1) The Department of Defense, without regard to subsection
(a) of this section or subsection (a), (b), or (c) of section 2461
of title 10, United States Code, and notwithstanding any administrative regulation, requirement, or policy to the contrary shall have
full authority to enter into a contract for the performance of any
commercial or industrial type function of the Department of Defense
that—
(A) is included on the procurement list established
pursuant to section 2 of the Javits-Wagner-O’Day Act (section 8503 of title 41, United States Code);
(B) is planned to be converted to performance by a
qualified nonprofit agency for the blind or by a qualified
nonprofit agency for other severely handicapped individuals
in accordance with that Act; or
(C) is planned to be converted to performance by a
qualified firm under at least 51 percent ownership by an
Indian tribe, as defined in section 4(e) of the Indian SelfDetermination and Education Assistance Act (25 U.S.C.
450b(e)), or a Native Hawaiian Organization, as defined
in section 8(a)(15) of the Small Business Act (15 U.S.C.
637(a)(15)).
(2) This section shall not apply to depot contracts or contracts for depot maintenance as provided in sections 2469 and
2474 of title 10, United States Code.
(c) The conversion of any activity or function of the Department
of Defense under the authority provided by this section shall be
credited toward any competitive or outsourcing goal, target, or
measurement that may be established by statute, regulation, or
policy and is deemed to be awarded under the authority of, and

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134 STAT. 1315

in compliance with, subsection (h) of section 2304 of title 10, United
States Code, for the competition or outsourcing of commercial activities.

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(RESCISSIONS)

SEC. 8043. Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from
the following accounts and programs in the specified amounts:
Provided, That no amounts may be rescinded from amounts that
were designated by the Congress for Overseas Contingency Operations/Global War on Terrorism or as an emergency requirement
pursuant to the Concurrent Resolution on the Budget or the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended:
‘‘Shipbuilding and Conversion, Navy: DDG–51 Destroyer’’,
2014/2021, $66,567,000;
‘‘Procurement of Weapons and Tracked Combat Vehicles,
Army’’, 2019/2021, $23,840,000;
‘‘Aircraft Procurement, Navy’’, 2019/2021, $23,094,000;
‘‘Aircraft
Procurement,
Air
Force’’,
2019/2021,
$465,447,000;
‘‘Other Procurement, Air Force’’, 2019/2021, $12,400,000;
‘‘Aircraft Procurement, Army’’, 2020/2022, $26,900,000;
‘‘Missile Procurement, Army’’, 2020/2022, $2,377,000;
‘‘Procurement of Weapons and Tracked Combat Vehicles,
Army’’, 2020/2022, $148,141,000;
‘‘Procurement
of
Ammunition,
Army’’,
2020/2022,
$7,500,000;
‘‘Other Procurement, Army’’, 2020/2022, $13,175,000;
‘‘Aircraft Procurement, Navy’’, 2020/2022, $417,128,000;
‘‘Weapons Procurement, Navy’’, 2020/2022, $7,500,000;
‘‘Procurement of Ammunition, Navy and Marine Corps’’,
2020/2022, $8,973,000;
‘‘Shipbuilding and Conversion, Navy: TAO Fleet Oiler
(AP)’’, 2020/2024, $73,000,000;
‘‘Shipbuilding and Conversion, Navy: CVN Refueling Overhauls’’, 2020/2024, $13,100,000;
‘‘Other Procurement, Navy’’, 2020/2022, $87,052,000;
‘‘Procurement, Marine Corps’’, 2020/2022, $55,139,000;
‘‘Aircraft
Procurement,
Air
Force’’,
2020/2022,
$543,015,000;
‘‘Missile Procurement, Air Force’’, 2020/2022, $24,500,000;
‘‘Space Procurement, Air Force’’, 2020/2022, $64,400,000;
‘‘Other Procurement, Air Force’’, 2020/2022, $66,726,000;
‘‘Research, Development, Test and Evaluation, Army’’,
2020/2021, $284,228,000;
‘‘Research, Development, Test and Evaluation, Navy’’, 2020/
2021, $84,005,000;
‘‘Research, Development, Test and Evaluation, Air Force’’,
2020/2021, $251,809,000;
‘‘Research, Development, Test and Evaluation, DefenseWide’’, 2020/2021, $378,031,000; and
‘‘Defense Counterintelligence and Security Agency Working
Capital Fund’’, 2020/XXXX, $100,000,000.
SEC. 8044. None of the funds available in this Act may be
used to reduce the authorized positions for military technicians

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134 STAT. 1316

North Korea.

Armed Forces
remains.

Reimbursement.
National Guard
and Reserve.

Drugs and drug
abuse.
10 USC 274 note.

50 USC 3506
note.

Ball and roller
bearings.

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Waiver authority.
Certification.

Determination.
Grants.

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PUBLIC LAW 116–260—DEC. 27, 2020

(dual status) of the Army National Guard, Air National Guard,
Army Reserve and Air Force Reserve for the purpose of applying
any administratively imposed civilian personnel ceiling, freeze, or
reduction on military technicians (dual status), unless such reductions are a direct result of a reduction in military force structure.
SEC. 8045. None of the funds appropriated or otherwise made
available in this Act may be obligated or expended for assistance
to the Democratic People’s Republic of Korea unless specifically
appropriated for that purpose: Provided, That this restriction shall
not apply to any activities incidental to the Defense POW/MIA
Accounting Agency mission to recover and identify the remains
of United States Armed Forces personnel from the Democratic
People’s Republic of Korea.
SEC. 8046. Funds appropriated in this Act for operation and
maintenance of the Military Departments, Combatant Commands
and Defense Agencies shall be available for reimbursement of pay,
allowances and other expenses which would otherwise be incurred
against appropriations for the National Guard and Reserve when
members of the National Guard and Reserve provide intelligence
or counterintelligence support to Combatant Commands, Defense
Agencies and Joint Intelligence Activities, including the activities
and programs included within the National Intelligence Program
and the Military Intelligence Program: Provided, That nothing in
this section authorizes deviation from established Reserve and
National Guard personnel and training procedures.
SEC. 8047. (a) None of the funds available to the Department
of Defense for any fiscal year for drug interdiction or counterdrug activities may be transferred to any other department or
agency of the United States except as specifically provided in an
appropriations law.
(b) None of the funds available to the Central Intelligence
Agency for any fiscal year for drug interdiction or counter-drug
activities may be transferred to any other department or agency
of the United States except as specifically provided in an appropriations law.
SEC. 8048. None of the funds appropriated by this Act may
be used for the procurement of ball and roller bearings other than
those produced by a domestic source and of domestic origin: Provided, That the Secretary of the military department responsible
for such procurement may waive this restriction on a case-bycase basis by certifying in writing to the Committees on Appropriations of the House of Representatives and the Senate, that adequate
domestic supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition must
be made in order to acquire capability for national security purposes: Provided further, That this restriction shall not apply to
the purchase of ‘‘commercial items’’, as defined by section 103
of title 41, United States Code, except that the restriction shall
apply to ball or roller bearings purchased as end items.
SEC. 8049. Of the amounts appropriated for ‘‘Working Capital
Fund, Army’’, $125,000,000 shall be available to maintain competitive rates at the arsenals.
SEC. 8050. In addition to the amounts appropriated or otherwise
made available elsewhere in this Act, $49,000,000 is hereby appropriated to the Department of Defense: Provided, That upon the
determination of the Secretary of Defense that it shall serve the
national interest, the Secretary shall make grants in the amounts

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1317

specified as follows: $24,000,000 to the United Service Organizations
and $25,000,000 to the Red Cross.
SEC. 8051. None of the funds in this Act may be used to
purchase any supercomputer which is not manufactured in the
United States, unless the Secretary of Defense certifies to the
congressional defense committees that such an acquisition must
be made in order to acquire capability for national security purposes
that is not available from United States manufacturers.
SEC. 8052. Notwithstanding any other provision in this Act,
the Small Business Innovation Research program and the Small
Business Technology Transfer program set-asides shall be taken
proportionally from all programs, projects, or activities to the extent
they contribute to the extramural budget. The Secretary of each
military department, the Director of each Defense Agency, and
the head of each other relevant component of the Department
of Defense shall submit to the congressional defense committees,
concurrent with submission of the budget justification documents
to Congress pursuant to section 1105 of title 31, United States
Code, a report with a detailed accounting of the Small Business
Innovation Research program and the Small Business Technology
Transfer program set-asides taken from programs, projects, or
activities within such department, agency, or component during
the most recently completed fiscal year.
SEC. 8053. None of the funds available to the Department
of Defense under this Act shall be obligated or expended to pay
a contractor under a contract with the Department of Defense
for costs of any amount paid by the contractor to an employee
when—
(1) such costs are for a bonus or otherwise in excess of
the normal salary paid by the contractor to the employee;
and
(2) such bonus is part of restructuring costs associated
with a business combination.

Supercomputers.
Certification.

Reports.

Contracts.

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(INCLUDING TRANSFER OF FUNDS)

SEC. 8054. During the current fiscal year, no more than
$30,000,000 of appropriations made in this Act under the heading
‘‘Operation and Maintenance, Defense-Wide’’ may be transferred
to appropriations available for the pay of military personnel, to
be merged with, and to be available for the same time period
as the appropriations to which transferred, to be used in support
of such personnel in connection with support and services for eligible
organizations and activities outside the Department of Defense
pursuant to section 2012 of title 10, United States Code.
SEC. 8055. During the current fiscal year, in the case of an
appropriation account of the Department of Defense for which the
period of availability for obligation has expired or which has closed
under the provisions of section 1552 of title 31, United States
Code, and which has a negative unliquidated or unexpended balance, an obligation or an adjustment of an obligation may be
charged to any current appropriation account for the same purpose
as the expired or closed account if—
(1) the obligation would have been properly chargeable
(except as to amount) to the expired or closed account before
the end of the period of availability or closing of that account;

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134 STAT. 1318

Budget
statement.
Time period.

Reimbursement.

PUBLIC LAW 116–260—DEC. 27, 2020

(2) the obligation is not otherwise properly chargeable to
any current appropriation account of the Department of
Defense; and
(3) in the case of an expired account, the obligation is
not chargeable to a current appropriation of the Department
of Defense under the provisions of section 1405(b)(8) of the
National Defense Authorization Act for Fiscal Year 1991, Public
Law 101–510, as amended (31 U.S.C. 1551 note): Provided,
That in the case of an expired account, if subsequent review
or investigation discloses that there was not in fact a negative
unliquidated or unexpended balance in the account, any charge
to a current account under the authority of this section shall
be reversed and recorded against the expired account: Provided
further, That the total amount charged to a current appropriation under this section may not exceed an amount equal to
1 percent of the total appropriation for that account:
Provided, That the Under Secretary of Defense (Comptroller) shall
include with the budget of the President for fiscal year 2022 (as
submitted to Congress pursuant to section 1105 of title 31, United
States Code) a statement describing each instance if any, during
each of the fiscal years 2016 through 2021 in which the authority
in this section was exercised.
SEC. 8056. (a) Notwithstanding any other provision of law,
the Chief of the National Guard Bureau may permit the use of
equipment of the National Guard Distance Learning Project by
any person or entity on a space-available, reimbursable basis. The
Chief of the National Guard Bureau shall establish the amount
of reimbursement for such use on a case-by-case basis.
(b) Amounts collected under subsection (a) shall be credited
to funds available for the National Guard Distance Learning Project
and be available to defray the costs associated with the use of
equipment of the project under that subsection. Such funds shall
be available for such purposes without fiscal year limitation.

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(INCLUDING TRANSFER OF FUNDS)

Reports.

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SEC. 8057. Of the funds appropriated in this Act under the
heading ‘‘Operation and Maintenance, Defense-Wide’’, $46,000,000
shall be for continued implementation and expansion of the Sexual
Assault Special Victims’ Counsel Program: Provided, That the funds
are made available for transfer to the Department of the Army,
the Department of the Navy, and the Department of the Air Force:
Provided further, That funds transferred shall be merged with
and available for the same purposes and for the same time period
as the appropriations to which the funds are transferred: Provided
further, That this transfer authority is in addition to any other
transfer authority provided in this Act.
SEC. 8058. None of the funds appropriated in title IV of this
Act may be used to procure end-items for delivery to military
forces for operational training, operational use or inventory requirements: Provided, That this restriction does not apply to end-items
used in development, prototyping, and test activities preceding and
leading to acceptance for operational use: Provided further, That
this restriction does not apply to programs funded within the
National Intelligence Program: Provided further, That the Secretary
of Defense shall, at the time of the submittal to Congress of the
budget of the President for fiscal year 2022 pursuant to section

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1319

1105 of title 31, United States Code, submit to the congressional
defense committees a report detailing the use of funds requested
in research, development, test and evaluation accounts for enditems used in development, prototyping and test activities preceding
and leading to acceptance for operational use: Provided further,
That the report shall set forth, for each end-item covered by the
preceding proviso, a detailed list of the statutory authorities under
which amounts in the accounts described in that proviso were
used for such item: Provided further, That the Secretary of Defense
shall, at the time of the submittal to Congress of the budget of
the President for fiscal year 2022 pursuant to section 1105 of
title 31, United States Code, submit to the congressional defense
committees a certification that funds requested for fiscal year 2022
in research, development, test and evaluation are in compliance
with this section: Provided further, That the Secretary of Defense
may waive this restriction on a case-by-case basis by certifying
in writing to the Committees on Appropriations of the House of
Representatives and the Senate that it is in the national security
interest to do so.
SEC. 8059. (a) The Secretary of Defense may, on a case-bycase basis, waive with respect to a foreign country each limitation
on the procurement of defense items from foreign sources provided
in law if the Secretary determines that the application of the
limitation with respect to that country would invalidate cooperative
programs entered into between the Department of Defense and
the foreign country, or would invalidate reciprocal trade agreements
for the procurement of defense items entered into under section
2531 of title 10, United States Code, and the country does not
discriminate against the same or similar defense items produced
in the United States for that country.
(b) Subsection (a) applies with respect to—
(1) contracts and subcontracts entered into on or after
the date of the enactment of this Act; and
(2) options for the procurement of items that are exercised
after such date under contracts that are entered into before
such date if the option prices are adjusted for any reason
other than the application of a waiver granted under subsection
(a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings, food, and
clothing or textile materials as defined by section XI (chapters
50–65) of the Harmonized Tariff Schedule of the United States
and products classified under headings 4010, 4202, 4203, 6401
through 6406, 6505, 7019, 7218 through 7229, 7304.41 through
7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 8211, 8215,
and 9404.
SEC. 8060. None of the funds appropriated or otherwise made
available by this or other Department of Defense Appropriations
Acts may be obligated or expended for the purpose of performing
repairs or maintenance to military family housing units of the
Department of Defense, including areas in such military family
housing units that may be used for the purpose of conducting
official Department of Defense business.
SEC. 8061. Notwithstanding any other provision of law, funds
appropriated in this Act under the heading ‘‘Research, Development,
Test and Evaluation, Defense-Wide’’ for any new start advanced

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List.

Certification.
Compliance.

Waiver authority.
Certification.

Waiver authority.
Determination.

Applicability.
Contracts.

Time period.
Reports.
Strategies.
Cost estimates.

PUBL260A

134 STAT. 1320

Waiver authority.
Certification.
Classified
information.
Reports.

Arms and
munitions.

Waiver authority.
Time period.

PUBLIC LAW 116–260—DEC. 27, 2020

concept technology demonstration project or joint capability demonstration project may only be obligated 45 days after a report,
including a description of the project, the planned acquisition and
transition strategy and its estimated annual and total cost, has
been provided in writing to the congressional defense committees:
Provided, That the Secretary of Defense may waive this restriction
on a case-by-case basis by certifying to the congressional defense
committees that it is in the national interest to do so.
SEC. 8062. The Secretary of Defense shall continue to provide
a classified quarterly report to the Committees on Appropriations
of the House of Representatives and the Senate, Subcommittees
on Defense on certain matters as directed in the classified annex
accompanying this Act.
SEC. 8063. Notwithstanding section 12310(b) of title 10, United
States Code, a Reserve who is a member of the National Guard
serving on full-time National Guard duty under section 502(f) of
title 32, United States Code, may perform duties in support of
the ground-based elements of the National Ballistic Missile Defense
System.
SEC. 8064. None of the funds provided in this Act may be
used to transfer to any nongovernmental entity ammunition held
by the Department of Defense that has a center-fire cartridge
and a United States military nomenclature designation of ‘‘armor
penetrator’’, ‘‘armor piercing (AP)’’, ‘‘armor piercing incendiary
(API)’’, or ‘‘armor-piercing incendiary tracer (API–T)’’, except to
an entity performing demilitarization services for the Department
of Defense under a contract that requires the entity to demonstrate
to the satisfaction of the Department of Defense that armor piercing
projectiles are either: (1) rendered incapable of reuse by the demilitarization process; or (2) used to manufacture ammunition pursuant
to a contract with the Department of Defense or the manufacture
of ammunition for export pursuant to a License for Permanent
Export of Unclassified Military Articles issued by the Department
of State.
SEC. 8065. Notwithstanding any other provision of law, the
Chief of the National Guard Bureau, or his designee, may waive
payment of all or part of the consideration that otherwise would
be required under section 2667 of title 10, United States Code,
in the case of a lease of personal property for a period not in
excess of 1 year to any organization specified in section 508(d)
of title 32, United States Code, or any other youth, social, or
fraternal nonprofit organization as may be approved by the Chief
of the National Guard Bureau, or his designee, on a case-by-case
basis.
(INCLUDING TRANSFER OF FUNDS)

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Contracts.
Determinations.

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SEC. 8066. Of the amounts appropriated in this Act under
the heading ‘‘Operation and Maintenance, Army’’, $133,724,000
shall remain available until expended: Provided, That, notwithstanding any other provision of law, the Secretary of Defense is
authorized to transfer such funds to other activities of the Federal
Government: Provided further, That the Secretary of Defense is
authorized to enter into and carry out contracts for the acquisition
of real property, construction, personal services, and operations
related to projects carrying out the purposes of this section: Provided
further, That contracts entered into under the authority of this

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134 STAT. 1321

section may provide for such indemnification as the Secretary determines to be necessary: Provided further, That projects authorized
by this section shall comply with applicable Federal, State, and
local law to the maximum extent consistent with the national
security, as determined by the Secretary of Defense.
SEC. 8067. (a) None of the funds appropriated in this or any
other Act may be used to take any action to modify—
(1) the appropriations account structure for the National
Intelligence Program budget, including through the creation
of a new appropriation or new appropriation account;
(2) how the National Intelligence Program budget request
is presented in the unclassified P–1, R–1, and O–1 documents
supporting the Department of Defense budget request;
(3) the process by which the National Intelligence Program
appropriations are apportioned to the executing agencies; or
(4) the process by which the National Intelligence Program
appropriations are allotted, obligated and disbursed.
(b) Nothing in subsection (a) shall be construed to prohibit
the merger of programs or changes to the National Intelligence
Program budget at or below the Expenditure Center level, provided
such change is otherwise in accordance with paragraphs (a)(1)–
(3).
(c) The Director of National Intelligence and the Secretary
of Defense may jointly, only for the purposes of achieving auditable
financial statements and improving fiscal reporting, study and
develop detailed proposals for alternative financial management
processes. Such study shall include a comprehensive counterintelligence risk assessment to ensure that none of the alternative
processes will adversely affect counterintelligence.
(d) Upon development of the detailed proposals defined under
subsection (c), the Director of National Intelligence and the Secretary of Defense shall—
(1) provide the proposed alternatives to all affected agencies;
(2) receive certification from all affected agencies attesting
that the proposed alternatives will help achieve auditability,
improve fiscal reporting, and will not adversely affect counterintelligence; and
(3) not later than 30 days after receiving all necessary
certifications under paragraph (2), present the proposed alternatives and certifications to the congressional defense and intelligence committees.
SEC. 8068. In addition to amounts provided elsewhere in this
Act, $10,000,000 is hereby appropriated to the Department of
Defense, to remain available for obligation until expended: Provided,
That notwithstanding any other provision of law, that upon the
determination of the Secretary of Defense that it shall serve the
national interest, these funds shall be available only for a grant
to the Fisher House Foundation, Inc., only for the construction
and furnishing of additional Fisher Houses to meet the needs of
military family members when confronted with the illness or hospitalization of an eligible military beneficiary.

Compliance.

Study.
Proposals.

Risk assessment.

Certifications.

Deadline.

Determination.
Grants.
Fisher House
Foundation, Inc.

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(INCLUDING TRANSFER OF FUNDS)

SEC. 8069. Of the amounts appropriated for ‘‘Operation and
Maintenance, Navy’’, up to $1,000,000 shall be available for transfer

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134 STAT. 1322

Modification.

Proposal.

Time period.
Notification.

Notice.
10 USC 2302
note.

PUBLIC LAW 116–260—DEC. 27, 2020

to the John C. Stennis Center for Public Service Development
Trust Fund established under section 116 of the John C. Stennis
Center for Public Service Training and Development Act (2 U.S.C.
1105).
SEC. 8070. None of the funds available to the Department
of Defense may be obligated to modify command and control relationships to give Fleet Forces Command operational and administrative control of United States Navy forces assigned to the Pacific
fleet: Provided, That the command and control relationships which
existed on October 1, 2004, shall remain in force until a written
modification has been proposed to the Committees on Appropriations of the House of Representatives and the Senate: Provided
further, That the proposed modification may be implemented 30
days after the notification unless an objection is received from
either the House or Senate Appropriations Committees: Provided
further, That any proposed modification shall not preclude the
ability of the commander of United States Indo-Pacific Command
to meet operational requirements.
SEC. 8071. Any notice that is required to be submitted to
the Committees on Appropriations of the House of Representatives
and the Senate under section 806(c)(4) of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003 (10 U.S.C. 2302
note) after the date of the enactment of this Act shall be submitted
pursuant to that requirement concurrently to the Subcommittees
on Defense of the Committees on Appropriations of the House
of Representatives and the Senate.
(INCLUDING TRANSFER OF FUNDS)

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Israel.

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SEC. 8072. Of the amounts appropriated in this Act under
the headings ‘‘Procurement, Defense-Wide’’ and ‘‘Research, Development, Test and Evaluation, Defense-Wide’’, $500,000,000 shall be
for the Israeli Cooperative Programs: Provided, That of this amount,
$73,000,000 shall be for the Secretary of Defense to provide to
the Government of Israel for the procurement of the Iron Dome
defense system to counter short-range rocket threats, subject to
the U.S.-Israel Iron Dome Procurement Agreement, as amended;
$177,000,000 shall be for the Short Range Ballistic Missile Defense
(SRBMD) program, including cruise missile defense research and
development under the SRBMD program, of which $50,000,000
shall be for co-production activities of SRBMD systems in the United
States and in Israel to meet Israel’s defense requirements consistent
with each nation’s laws, regulations, and procedures, subject to
the U.S.-Israeli co-production agreement for SRBMD, as amended;
$77,000,000 shall be for an upper-tier component to the Israeli
Missile Defense Architecture, of which $77,000,000 shall be for
co-production activities of Arrow 3 Upper Tier systems in the United
States and in Israel to meet Israel’s defense requirements consistent
with each nation’s laws, regulations, and procedures, subject to
the U.S.-Israeli co-production agreement for Arrow 3 Upper Tier,
as amended; and $173,000,000 shall be for the Arrow System
Improvement Program including development of a long range,
ground and airborne, detection suite: Provided further, That the
transfer authority provided under this provision is in addition to
any other transfer authority contained in this Act.

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134 STAT. 1323

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(INCLUDING TRANSFER OF FUNDS)

SEC. 8073. Of the amounts appropriated in this Act under
the heading ‘‘Shipbuilding and Conversion, Navy’’, $407,312,000
shall be available until September 30, 2021, to fund prior year
shipbuilding cost increases: Provided, That upon enactment of this
Act, the Secretary of the Navy shall transfer funds to the following
appropriations in the amounts specified: Provided further, That
the amounts transferred shall be merged with and be available
for the same purposes as the appropriations to which transferred
to:
(1) Under the heading ‘‘Shipbuilding and Conversion,
Navy’’, 2008/2021: Carrier Replacement Program $71,000,000;
(2) Under the heading ‘‘Shipbuilding and Conversion,
Navy’’, 2015/2021: DDG–51 Destroyer $9,634,000;
(3) Under the heading ‘‘Shipbuilding and Conversion,
Navy’’, 2016/2021: CVN Refueling Overhauls $186,200,000;
(4) Under the heading ‘‘Shipbuilding and Conversion,
Navy’’, 2016/2021: LPD–17 $30,578,000;
(5) Under the heading ‘‘Shipbuilding and Conversion,
Navy’’, 2016/2021: TAO Fleet Oiler $42,500,000;
(6) Under the heading ‘‘Shipbuilding and Conversion,
Navy’’, 2018/2021: TAO Fleet Oiler $17,400,000; and
(7) Under the heading ‘‘Shipbuilding and Conversion,
Navy’’, 2018/2021: Expeditionary Fast Transport $50,000,000.
SEC. 8074. Funds appropriated by this Act, or made available
by the transfer of funds in this Act, for intelligence activities are
deemed to be specifically authorized by the Congress for purposes
of section 504 of the National Security Act of 1947 (50 U.S.C.
3094) during fiscal year 2021 until the enactment of the Intelligence
Authorization Act for Fiscal Year 2021.
SEC. 8075. None of the funds provided in this Act shall be
available for obligation or expenditure through a reprogramming
of funds that creates or initiates a new program, project, or activity
unless such program, project, or activity must be undertaken immediately in the interest of national security and only after written
prior notification to the congressional defense committees.
SEC. 8076. The budget of the President for fiscal year 2022
submitted to the Congress pursuant to section 1105 of title 31,
United States Code, shall include separate budget justification documents for costs of United States Armed Forces’ participation in
contingency operations for the Military Personnel accounts, the
Operation and Maintenance accounts, the Procurement accounts,
and the Research, Development, Test and Evaluation accounts:
Provided, That these documents shall include a description of the
funding requested for each contingency operation, for each military
service, to include all Active and Reserve components, and for
each appropriations account: Provided further, That these documents shall include estimated costs for each element of expense
or object class, a reconciliation of increases and decreases for each
contingency operation, and programmatic data including, but not
limited to, troop strength for each Active and Reserve component,
and estimates of the major weapons systems deployed in support
of each contingency: Provided further, That these documents shall

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Notification.

Budget
justification.
10 USC 221 note.

Estimates.
Data.

PUBL260A

134 STAT. 1324

Nuclear armed
interceptors.

Notification.

53rd Weather
Reconnaissance
Squadron.

Foreign
intelligence.

Tactical
unmanned aerial
vehicles.

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Applicability.

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PUBLIC LAW 116–260—DEC. 27, 2020

include budget exhibits OP–5 and OP–32 (as defined in the Department of Defense Financial Management Regulation) for all contingency operations for the budget year and the two preceding fiscal
years.
SEC. 8077. None of the funds in this Act may be used for
research, development, test, evaluation, procurement or deployment
of nuclear armed interceptors of a missile defense system.
SEC. 8078. The Secretary of Defense may use up to $650,000,000
of the amounts appropriated or otherwise made available in this
Act to the Department of Defense for the rapid acquisition and
deployment of supplies and associated support services pursuant
to section 806 of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. 2302
note), but only for the purposes specified in clauses (i), (ii), (iii),
and (iv) of subsection (c)(3)(B) of such section and subject to the
applicable limits specified in clauses (i), (ii), and (iii) of such subsection and, in the case of clause (iv) of such subsection, subject
to a limit of $50,000,000: Provided, That the Secretary of Defense
shall notify the congressional defense committees promptly of all
uses of this authority.
SEC. 8079. None of the funds appropriated or made available
in this Act shall be used to reduce or disestablish the operation
of the 53rd Weather Reconnaissance Squadron of the Air Force
Reserve, if such action would reduce the WC–130 Weather Reconnaissance mission below the levels funded in this Act: Provided,
That the Air Force shall allow the 53rd Weather Reconnaissance
Squadron to perform other missions in support of national defense
requirements during the non-hurricane season.
SEC. 8080. None of the funds provided in this Act shall be
available for integration of foreign intelligence information unless
the information has been lawfully collected and processed during
the conduct of authorized foreign intelligence activities: Provided,
That information pertaining to United States persons shall only
be handled in accordance with protections provided in the Fourth
Amendment of the United States Constitution as implemented
through Executive Order No. 12333.
SEC. 8081. (a) None of the funds appropriated by this Act
may be used to transfer research and development, acquisition,
or other program authority relating to current tactical unmanned
aerial vehicles (TUAVs) from the Army.
(b) The Army shall retain responsibility for and operational
control of the MQ–1C Gray Eagle Unmanned Aerial Vehicle (UAV)
in order to support the Secretary of Defense in matters relating
to the employment of unmanned aerial vehicles.
SEC. 8082. None of the funds appropriated by this Act for
programs of the Office of the Director of National Intelligence
shall remain available for obligation beyond the current fiscal year,
except for funds appropriated for research and technology, which
shall remain available until September 30, 2022.
SEC. 8083. For purposes of section 1553(b) of title 31, United
States Code, any subdivision of appropriations made in this Act
under the heading ‘‘Shipbuilding and Conversion, Navy’’ shall be
considered to be for the same purpose as any subdivision under
the heading ‘‘Shipbuilding and Conversion, Navy’’ appropriations
in any prior fiscal year, and the 1 percent limitation shall apply
to the total amount of the appropriation.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1325

SEC. 8084. (a) Not later than 60 days after the date of enactment of this Act, the Director of National Intelligence shall submit
a report to the congressional intelligence committees to establish
the baseline for application of reprogramming and transfer authorities for fiscal year 2021: Provided, That the report shall include—
(1) a table for each appropriation with a separate column
to display the President’s budget request, adjustments made
by Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation by
Expenditure Center and project; and
(3) an identification of items of special congressional
interest.
(b) None of the funds provided for the National Intelligence
Program in this Act shall be available for reprogramming or transfer
until the report identified in subsection (a) is submitted to the
congressional intelligence committees, unless the Director of
National Intelligence certifies in writing to the congressional intelligence committees that such reprogramming or transfer is necessary as an emergency requirement.
SEC. 8085. Notwithstanding any other provision of law, any
transfer of funds, appropriated or otherwise made available by
this Act, for support to friendly foreign countries in connection
with the conduct of operations in which the United States is not
participating, pursuant to section 331(d) of title 10, United States
Code, shall be made in accordance with section 8005 or 9002 of
this Act, as applicable.
SEC. 8086. Any transfer of amounts appropriated to the Department of Defense Acquisition Workforce Development Account in
or for fiscal year 2021 to a military department or Defense Agency
pursuant to section 1705(e)(1) of title 10, United States Code, shall
be covered by and subject to section 8005 or 9002 of this Act,
as applicable.
SEC. 8087. None of the funds made available by this Act for
excess defense articles, assistance under section 333 of title 10,
United States Code, or peacekeeping operations for the countries
designated annually to be in violation of the standards of the
Child Soldiers Prevention Act of 2008 (Public Law 110–457; 22
U.S.C. 2370c–1) may be used to support any military training
or operation that includes child soldiers, as defined by the Child
Soldiers Prevention Act of 2008, unless such assistance is otherwise
permitted under section 404 of the Child Soldiers Prevention Act
of 2008.
SEC. 8088. (a) None of the funds provided for the National
Intelligence Program in this or any prior appropriations Act shall
be available for obligation or expenditure through a reprogramming
or transfer of funds in accordance with section 102A(d) of the
National Security Act of 1947 (50 U.S.C. 3024(d)) that—
(1) creates a new start effort;
(2) terminates a program with appropriated funding of
$10,000,000 or more;
(3) transfers funding into or out of the National Intelligence
Program; or
(4) transfers funding between appropriations, unless the
congressional intelligence committees are notified 30 days in
advance of such reprogramming of funds; this notification

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Reports.

Certification.

Child soldiers.

Notifications.
Time periods.

PUBL260A

134 STAT. 1326

Satellite on-orbit
incentives.
10 USC 2241
note.
Time period.
Notification.

Definition.

PUBLIC LAW 116–260—DEC. 27, 2020

period may be reduced for urgent national security requirements.
(b) None of the funds provided for the National Intelligence
Program in this or any prior appropriations Act shall be available
for obligation or expenditure through a reprogramming or transfer
of funds in accordance with section 102A(d) of the National Security
Act of 1947 (50 U.S.C. 3024(d)) that results in a cumulative increase
or decrease of the levels specified in the classified annex accompanying the Act unless the congressional intelligence committees
are notified 30 days in advance of such reprogramming of funds;
this notification period may be reduced for urgent national security
requirements.
SEC. 8089. In this fiscal year and each fiscal year thereafter,
funds appropriated under the heading ‘‘Procurement, Space Force’’
may be obligated for payment of satellite on-orbit incentives in
the fiscal year in which an incentive payment is earned: Provided,
That any obligation made pursuant to this section may not be
entered into until 30 calendar days in session after the congressional
defense committees have been notified that an on-orbit incentive
payment has been earned.
SEC. 8090. For the purposes of this Act, the term ‘‘congressional
intelligence committees’’ means the Permanent Select Committee
on Intelligence of the House of Representatives, the Select Committee on Intelligence of the Senate, the Subcommittee on Defense
of the Committee on Appropriations of the House of Representatives,
and the Subcommittee on Defense of the Committee on Appropriations of the Senate.
(INCLUDING TRANSFER OF FUNDS)

Public
information.
Web posting.
Reports.
Determinations.

Time period.

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Contracts.

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SEC. 8091. During the current fiscal year, not to exceed
$11,000,000 from each of the appropriations made in title II of
this Act for ‘‘Operation and Maintenance, Army’’, ‘‘Operation and
Maintenance, Navy’’, and ‘‘Operation and Maintenance, Air Force’’
may be transferred by the military department concerned to its
central fund established for Fisher Houses and Suites pursuant
to section 2493(d) of title 10, United States Code.
SEC. 8092. None of the funds appropriated by this Act may
be available for the purpose of making remittances to the Department of Defense Acquisition Workforce Development Account in
accordance with section 1705 of title 10, United States Code.
SEC. 8093. (a) 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.
(b) Subsection (a) shall not apply to a report if—
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) 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.
SEC. 8094. (a) None of the funds appropriated or otherwise
made available by this Act may be expended for any Federal contract for an amount in excess of $1,000,000, unless the contractor
agrees not to—

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1327

(1) enter into any agreement with any of its employees
or independent contractors that requires, as a condition of
employment, that the employee or independent contractor agree
to resolve through arbitration any claim under title VII of
the Civil Rights Act of 1964 or any tort related to or arising
out of sexual assault or harassment, including assault and
battery, intentional infliction of emotional distress, false imprisonment, or negligent hiring, supervision, or retention; or
(2) take any action to enforce any provision of an existing
agreement with an employee or independent contractor that
mandates that the employee or independent contractor resolve
through arbitration any claim under title VII of the Civil Rights
Act of 1964 or any tort related to or arising out of sexual
assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment, or
negligent hiring, supervision, or retention.
(b) None of the funds appropriated or otherwise made available
by this Act may be expended for any Federal contract unless the
contractor certifies that it requires each covered subcontractor to
agree not to enter into, and not to take any action to enforce
any provision of, any agreement as described in paragraphs (1)
and (2) of subsection (a), with respect to any employee or independent contractor performing work related to such subcontract.
For purposes of this subsection, a ‘‘covered subcontractor’’ is an
entity that has a subcontract in excess of $1,000,000 on a contract
subject to subsection (a).
(c) The prohibitions in this section do not apply with respect
to a contractor’s or subcontractor’s agreements with employees or
independent contractors that may not be enforced in a court of
the United States.
(d) The Secretary of Defense may waive the application of
subsection (a) or (b) to a particular contractor or subcontractor
for the purposes of a particular contract or subcontract if the
Secretary or the Deputy Secretary personally determines that the
waiver is necessary to avoid harm to national security interests
of the United States, and that the term of the contract or subcontract is not longer than necessary to avoid such harm. The
determination shall set forth with specificity the grounds for the
waiver and for the contract or subcontract term selected, and shall
state any alternatives considered in lieu of a waiver and the reasons
each such alternative would not avoid harm to national security
interests of the United States. The Secretary of Defense shall
transmit to Congress, and simultaneously make public, any determination under this subsection not less than 15 business days
before the contract or subcontract addressed in the determination
may be awarded.

Certification.

Waiver authority.
Determination.

Transmittal.
Public
information.
Deadline.

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(INCLUDING TRANSFER OF FUNDS)

SEC. 8095. From within the funds appropriated for operation
and maintenance for the Defense Health Program in this Act,
up to $137,000,000, shall be available for transfer to the Joint
Department of Defense-Department of Veterans Affairs Medical
Facility Demonstration Fund in accordance with the provisions
of section 1704 of the National Defense Authorization Act for Fiscal
Year 2010, Public Law 111–84: Provided, That for purposes of
section 1704(b), the facility operations funded are operations of

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PUBLIC LAW 116–260—DEC. 27, 2020

the integrated Captain James A. Lovell Federal Health Care Center,
consisting of the North Chicago Veterans Affairs Medical Center,
the Navy Ambulatory Care Center, and supporting facilities designated as a combined Federal medical facility as described by
section 706 of Public Law 110–417: Provided further, That additional funds may be transferred from funds appropriated for operation and maintenance for the Defense Health Program to the
Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund upon written notification by the
Secretary of Defense to the Committees on Appropriations of the
House of Representatives and the Senate.
SEC. 8096. None of the funds appropriated or otherwise made
available by this Act may be used by the Department of Defense
or a component thereof in contravention of the provisions of section
130h of title 10, United States Code.
SEC. 8097. Appropriations available to the Department of
Defense may be used for the purchase of heavy and light armored
vehicles for the physical security of personnel or for force protection
purposes up to a limit of $450,000 per vehicle, notwithstanding
price or other limitations applicable to the purchase of passenger
carrying vehicles.

Notification.

(INCLUDING TRANSFER OF FUNDS)

Determination.

Reprogramming
requests.
Deadline.

Khalid Sheikh
Mohammed.
Detainees.
Cuba.

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Detainees.
Cuba.

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SEC. 8098. Upon a determination by the Director of National
Intelligence that such action is necessary and in the national
interest, the Director may, with the approval of the Office of
Management and Budget, transfer not to exceed $1,500,000,000
of the funds made available in this Act for the National Intelligence
Program: Provided, That such authority to transfer may not be
used unless for higher priority items, based on unforeseen intelligence requirements, than those for which originally appropriated
and in no case where the item for which funds are requested
has been denied by the Congress: Provided further, That a request
for multiple reprogrammings of funds using authority provided
in this section shall be made prior to June 30, 2021.
SEC. 8099. None of the funds made available by this Act may
be used in contravention of the War Powers Resolution (50 U.S.C.
1541 et seq.).
SEC. 8100. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer, release,
or assist in the transfer or release to or within the United States,
its territories, or possessions Khalid Sheikh Mohammed or any
other detainee who—
(1) is not a United States citizen or a member of the
Armed Forces of the United States; and
(2) is or was held on or after June 24, 2009, at United
States Naval Station, Guanta´namo Bay, Cuba, by the Department of Defense.
SEC. 8101. None of the funds appropriated or otherwise made
available in this Act may be used to transfer any individual detained
at United States Naval Station Guanta´namo Bay, Cuba, to the
custody or control of the individual’s country of origin, any other
foreign country, or any other foreign entity except in accordance
with section 1034 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114–92) and section 1035 of the

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1329

John S. McCain National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115–232).
SEC. 8102. (a) None of the funds appropriated or otherwise
made available by this or any other Act may be used by the
Secretary of Defense, or any other official or officer of the Department of Defense, to enter into a contract, memorandum of understanding, or cooperative agreement with, or make a grant to, or
provide a loan or loan guarantee to Rosoboronexport or any subsidiary of Rosoboronexport.
(b) The Secretary of Defense may waive the limitation in subsection (a) if the Secretary, in consultation with the Secretary
of State and the Director of National Intelligence, determines that
it is in the vital national security interest of the United States
to do so, and certifies in writing to the congressional defense
committees that—
(1) Rosoboronexport has ceased the transfer of lethal military equipment to, and the maintenance of existing lethal military equipment for, the Government of the Syrian Arab
Republic;
(2) the armed forces of the Russian Federation have withdrawn from Crimea, other than armed forces present on military bases subject to agreements in force between the Government of the Russian Federation and the Government of
Ukraine; and
(3) agents of the Russian Federation have ceased taking
active measures to destabilize the control of the Government
of Ukraine over eastern Ukraine.
(c) The Inspector General of the Department of Defense shall
conduct a review of any action involving Rosoboronexport with
respect to a waiver issued by the Secretary of Defense pursuant
to subsection (b), and not later than 90 days after the date on
which such a waiver is issued by the Secretary of Defense, the
Inspector General shall submit to the congressional defense committees a report containing the results of the review conducted with
respect to such waiver.
SEC. 8103. None of the funds made available in this Act may
be used for the purchase or manufacture of a flag of the United
States unless such flags are treated as covered items under section
2533a(b) of title 10, United States Code.
SEC. 8104. (a) None of the funds appropriated or otherwise
made available in this or any other Act may be used to construct,
acquire, or modify any facility in the United States, its territories,
or possessions to house any individual described in subsection (c)
for the purposes of detention or imprisonment in the custody or
under the effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station,
Guanta´namo Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guanta´namo Bay, Cuba, and who—
(1) is not a citizen of the United States or a member
of the Armed Forces of the United States; and
(2) is—
(A) in the custody or under the effective control of
the Department of Defense; or

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Rosoboronexport.

Waiver authority.
Consultation.
Determination.
Certification.
Russia.
Ukraine.
Syria.

Review.
Reports.

Detainees.
Cuba.

PUBL260A

134 STAT. 1330

Reimbursement.

Grants.
Web posting.
Allocation.

Surveillance.

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Salaries.

Reimbursements.

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PUBLIC LAW 116–260—DEC. 27, 2020

(B) otherwise under detention at United States Naval
Station, Guanta´namo Bay, Cuba.
SEC. 8105. Of the amounts appropriated in this Act for ‘‘Shipbuilding and Conversion, Navy’’, $60,000,000, to remain available
for obligation until September 30, 2025, may be used for the purchase of two used sealift vessels for the National Defense Reserve
Fleet, established under section 11 of the Merchant Ship Sales
Act of 1946 (46 U.S.C. 57100): Provided, That such amounts are
available for reimbursements to the Ready Reserve Force, Maritime
Administration account of the United States Department of
Transportation for programs, projects, activities, and expenses
related to the National Defense Reserve Fleet: Provided further,
That notwithstanding 10 U.S.C. 2218 (National Defense Sealift
Fund), none of these funds shall be transferred to the National
Defense Sealift Fund for execution.
SEC. 8106. The Secretary of Defense shall post grant awards
on a public website in a searchable format.
SEC. 8107. If the Secretary of a military department reduces
each research, development, test and evaluation, and procurement
account of the military department pursuant to paragraph (1) of
section 828(d) of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114–92; 10 U.S.C. 2430 note), the Secretary
shall allocate the reduction determined under paragraph (2) of
such section 828(d) proportionally from all programs, projects, or
activities under such account: Provided, That the authority under
section 804(d)(2) of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2302 note) to
transfer amounts available in the Rapid Prototyping Fund shall
be subject to section 8005 or 9002 of this Act, as applicable.
SEC. 8108. None of the funds made available by this Act may
be used by the National Security Agency to—
(1) conduct an acquisition pursuant to section 702 of the
Foreign Intelligence Surveillance Act of 1978 for the purpose
of targeting a United States person; or
(2) acquire, monitor, or store the contents (as such term
is defined in section 2510(8) of title 18, United States Code)
of any electronic communication of a United States person
from a provider of electronic communication services to the
public pursuant to section 501 of the Foreign Intelligence
Surveillance Act of 1978.
SEC. 8109. None of the funds made available in this or any
other Act may be used to pay the salary of any officer or employee
of any agency funded by this Act who approves or implements
the transfer of administrative responsibilities or budgetary
resources of any program, project, or activity financed by this Act
to the jurisdiction of another Federal agency not financed by this
Act without the express authorization of Congress: Provided, That
this limitation shall not apply to transfers of funds expressly provided for in Defense Appropriations Acts, or provisions of Acts
providing supplemental appropriations for the Department of
Defense.
SEC. 8110. Of the amounts appropriated in this Act for ‘‘Operation and Maintenance, Navy’’, $376,029,000, to remain available
until expended, may be used for any purposes related to the
National Defense Reserve Fleet established under section 11 of
the Merchant Ship Sales Act of 1946 (46 U.S.C. 57100): Provided,
That such amounts are available for reimbursements to the Ready

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1331

Reserve Force, Maritime Administration account of the United
States Department of Transportation for programs, projects, activities, and expenses related to the National Defense Reserve Fleet.
SEC. 8111. None of the funds made available in this Act may
be obligated for activities authorized under section 1208 of the
Ronald W. Reagan National Defense Authorization Act for Fiscal
Year 2005 (Public Law 112–81; 125 Stat. 1621) to initiate support
for, or expand support to, foreign forces, irregular forces, groups,
or individuals unless the congressional defense committees are notified in accordance with the direction contained in the classified
annex accompanying this Act, not less than 15 days before initiating
such support: Provided, That none of the funds made available
in this Act may be used under section 1208 for any activity that
is not in support of an ongoing military operation being conducted
by United States Special Operations Forces to combat terrorism:
Provided further, That the Secretary of Defense may waive the
prohibitions in this section if the Secretary determines that such
waiver is required by extraordinary circumstances and, by not
later than 72 hours after making such waiver, notifies the congressional defense committees of such waiver.
SEC. 8112. The Secretary of Defense, in consultation with the
Service Secretaries, shall submit a report to the congressional
defense committees, not later than 180 days after the enactment
of this Act, detailing the submission of records during the previous
12 months to databases accessible to the National Instant Criminal
Background Check System (NICS), including the Interstate Identification Index (III), the National Crime Information Center (NCIC),
and the NICS Index, as required by Public Law 110–180: Provided,
That such report shall provide the number and category of records
submitted by month to each such database, by Service or Component: Provided further, That such report shall identify the number
and category of records submitted by month to those databases
for which the Identification for Firearm Sales (IFFS) flag or other
database flags were used to pre-validate the records and indicate
that such persons are prohibited from receiving or possessing a
firearm: Provided further, That such report shall describe the steps
taken during the previous 12 months, by Service or Component,
to ensure complete and accurate submission and appropriate flagging of records of individuals prohibited from gun possession or
receipt pursuant to 18 U.S.C. 922(g) or (n) including applicable
records involving proceedings under the Uniform Code of Military
Justice.
SEC. 8113. (a) None of the funds provided in this Act for
the TAO Fleet Oiler program shall be used to award a new contract
that provides for the acquisition of the following components unless
those components are manufactured in the United States: Auxiliary
equipment (including pumps) for shipboard services; propulsion
equipment (including engines, reduction gears, and propellers); shipboard cranes; and spreaders for shipboard cranes.
(b) None of the funds provided in this Act for the FFG(X)
Frigate program shall be used to award a new contract that provides
for the acquisition of the following components unless those components are manufactured in the United States: Air circuit breakers;
gyrocompasses; electronic navigation chart systems; steering controls; pumps; propulsion and machinery control systems; totally
enclosed lifeboats; auxiliary equipment pumps; shipboard cranes;
auxiliary chill water systems; and propulsion propellers: Provided,

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Notifications.
Time period.

Waiver authority.
Determination.
Deadline.
Notification.
Consultation.
Reports.
Records.
Time period.
Firearms.

Contracts.

PUBL260A

134 STAT. 1332
Deadline.

Gaming.
Adult
entertainment.

Pornography.

Turkey.

Grants.
Contracts.

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Determination.

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That the Secretary of the Navy shall incorporate United States
manufactured propulsion engines and propulsion reduction gears
into the FFG(X) Frigate program beginning not later than with
the eleventh ship of the program.
SEC. 8114. No amounts credited or otherwise made available
in this or any other Act to the Department of Defense Acquisition
Workforce Development Account may be transferred to:
(1) the Rapid Prototyping Fund established under section
804(d) of the National Defense Authorization Act for Fiscal
Year 2016 (10 U.S.C. 2302 note); or
(2) credited to a military-department specific fund established under section 804(d)(2) of the National Defense
Authorization Act for Fiscal Year 2016 (as amended by section
897 of the National Defense Authorization Act for Fiscal Year
2017).
SEC. 8115. None of the funds made available by this Act may
be used for Government Travel Charge Card expenses by military
or civilian personnel of the Department of Defense for gaming,
or for entertainment that includes topless or nude entertainers
or participants, as prohibited by Department of Defense FMR,
Volume 9, Chapter 3 and Department of Defense Instruction
1015.10 (enclosure 3, 14a and 14b).
SEC. 8116. (a) 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.
(b) 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, or for any activity necessary for the
national defense, including intelligence activities.
SEC. 8117. None of the funds appropriated by this Act may
be made available to deliver F–35 air vehicles or any other F–
35 weapon system equipment to the Republic of Turkey, except
in accordance with section 1245 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92).
SEC. 8118. In addition to amounts provided elsewhere in this
Act, there is appropriated $284,000,000, for an additional amount
for ‘‘Operation and Maintenance, Defense-Wide’’, to remain available until expended: Provided, That such funds shall only be available to the Secretary of Defense, acting through the Office of Economic Adjustment of the Department of Defense, or for transfer
to the Secretary of Education, notwithstanding any other provision
of law, to make grants, conclude cooperative agreements, or supplement other Federal funds to construct, renovate, repair, or expand
elementary and secondary public schools on military installations
in order to address capacity or facility condition deficiencies at
such schools: Provided further, That in making such funds available,
the Office of Economic Adjustment or the Secretary of Education
shall give priority consideration to those military installations with
schools having the most serious capacity or facility condition deficiencies as determined by the Secretary of Defense: Provided further, That as a condition of receiving funds under this section
a local educational agency or State shall provide a matching share
as described in the notice titled ‘‘Department of Defense Program
for Construction, Renovation, Repair or Expansion of Public Schools
Located on Military Installations’’ published by the Department
of Defense in the Federal Register on September 9, 2011 (76 Fed.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1333

Reg. 55883 et seq.): Provided further, That these provisions apply
to funds provided under this section, and to funds previously provided by Congress to construct, renovate, repair, or expand
elementary and secondary public schools on military installations
in order to address capacity or facility condition deficiencies at
such schools to the extent such funds remain unobligated on the
date of enactment of this section.
SEC. 8119. In carrying out the program 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 memorandum, the Secretary
of Defense shall apply such policy and guidance, except that—
(1) the limitation on periods regarding embryo
cryopreservation and storage set forth in part III(G) and in
part IV(H) of such memorandum shall not apply; and
(2) the term ‘‘assisted reproductive technology’’ shall
include embryo cryopreservation and storage without limitation
on the duration of such cryopreservation and storage.
SEC. 8120. None of the funds made available by this Act may
be used to carry out the closure or realignment of the United
States Naval Station, Guanta´namo Bay, Cuba.
SEC. 8121. None of the funds provided for, or otherwise made
available, in this or any other Act, may be obligated or expended
by the Secretary of Defense to provide motorized vehicles, aviation
platforms, munitions other than small arms and munitions appropriate for customary ceremonial honors, operational military units,
or operational military platforms if the Secretary determines that
providing such units, platforms, or equipment would undermine
the readiness of such units, platforms, or equipment.
SEC. 8122. The Secretary of Defense may obligate and expend
funds made available under this Act for procurement or for research,
development, test and evaluation for the F–35 Joint Strike Fighter
to modify up to six F–35 aircraft, including up to two F–35 aircraft
of each variant, to a test configuration: Provided, That the Secretary
of Defense shall, with the concurrence of the Secretary of the
Air Force and the Secretary of the Navy, notify the congressional
defense committees not fewer than 30 days prior to obligating
and expending funds under this section: Provided further, That
any transfer of funds pursuant to the authority provided in this
section shall be made in accordance with section 8005 or 9002
of this Act, as appropriate, if applicable: Provided further, That
aircraft referred to previously in this section are not additional
to aircraft referred to in section 8135 of the Department of Defense
Appropriations Act, 2019 and section 8126 of the Department of
Defense Appropriations Act, 2020.
SEC. 8123. Amounts appropriated for ‘‘Defense Health Program’’
in this Act and hereafter may be obligated to make death gratuity
payments, as authorized in subchapter II of chapter 75 of title
10, United States Code, if no appropriation for ‘‘Military Personnel’’
is available for obligation for such payments: Provided, That such
obligations may subsequently be recorded against appropriations
available for ‘‘Military Personnel’’.
SEC. 8124. (a) None of the funds made available by this or
any other Act may be used to enter into a contract, memorandum
of understanding, or cooperative agreement with, make a grant

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Applicability.

Applicability.

Embryos.

Definition.

Cuba.

Determination.

Notification.
Deadline.

10 USC 1475
note.

Corporation.
Taxes.

PUBL260A

134 STAT. 1334

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Reports.
Plans.
Certification.

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to, or provide a loan or loan guarantee to any corporation that
has any unpaid Federal tax liability that has been assessed, for
which all judicial and administrative remedies have been exhausted
or have lapsed, and that is not being paid in a timely manner
pursuant to an agreement with the authority responsible for collecting such tax liability, provided that the applicable Federal
agency is aware of the unpaid Federal tax liability.
(b) Subsection (a) shall not apply if the applicable Federal
agency has considered suspension or debarment of the corporation
described in such subsection and has made a determination that
such suspension or debarment is not necessary to protect the
interests of the Federal Government.
SEC. 8125. During fiscal year 2021, any advance billing for
background investigation services and related services purchased
from activities financed using Defense Working Capital Funds shall
be excluded from the calculation of cumulative advance billings
under section 2208(l)(3) of title 10, United States Code.
SEC. 8126. None of the funds appropriated or otherwise made
available by this Act may be used to transfer the National Reconnaissance Office to the Space Force: Provided, That nothing in
this Act shall be construed to limit or prohibit cooperation,
collaboration, and coordination between the National Reconnaissance Office and the Space Force or any other elements of the
Department of Defense.
SEC. 8127. None of the funds appropriated or otherwise made
available by this Act may be used to transfer any element of
the Department of the Army, the Department of the Navy, or
a Department of Defense agency to the Space Force unless, concurrent with the fiscal year 2022 budget submission (as submitted
to Congress pursuant to section 1105 of title 31, United States
Code), the Secretary of Defense provides a report to the Committees
on Appropriations of the House of Representatives and the Senate,
detailing any plans to transfer appropriate space elements of the
Department of the Army, the Department of the Navy, or a Department of Defense agency to the Space Force and certifies in writing
to the Committees on Appropriations of the House of Representatives and the Senate that such transfer is consistent with the
mission of the Space Force and will not have an adverse impact
on the Department or agency from which such element is being
transferred: Provided, That such report shall include fiscal year
2022 budget and future years defense program adjustments associated with such planned transfers.
SEC. 8128. Funds appropriated in titles I and IX of this Act
under headings for ‘‘Military Personnel’’ may be used for expenses
described therein for members of the Space Force on active duty:
Provided, That amounts appropriated under such headings may
be used for payments pursuant to section 156 of Public Law 97–
377, as amended (42 U.S.C. 402 note), and to the Department
of Defense Military Retirement Fund.
SEC. 8129. Notwithstanding any other provision of this Act,
to reflect savings due to favorable foreign exchange rates, the total
amount appropriated in this Act is hereby reduced by $375,000,000.
SEC. 8130. Notwithstanding any other provision of this Act,
to reflect savings due to lower than anticipated fuel costs, the
total amount appropriated in this Act is hereby reduced by
$1,700,362,000.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1335

SEC. 8131. (a) Amounts appropriated under title IV of this
Act, as detailed in budget activity eight of the tables in the explanatory statement regarding this Act, may be used for expenses for
the agile research, development, test and evaluation, procurement,
production, modification, and operation and maintenance, only for
the following Software and Digital Technology Pilot programs—
(1) Defensive Cyber Operations Army (PE 0608041A);
(2) Risk Management Information (PE 0608013N);
(3) Maritime Tactical Command Control (PE 0608231N);
(4) Space Command and Control (PE 1203614SF);
(5) National Background Investigation Services (PE
0608197V);
(6) Global Command and Control System-Joint (PE
0308150K);
(7) Algorithmic Warfare Cross Functional Team (PE
0308588D8Z); and
(8) Acquisition visibility (PE 0608648D8Z).
(b) None of the funds appropriated by this or prior Department
of Defense Appropriations Acts may be obligated or expended to
initiate additional Software and Digital Technology Pilot Programs
in fiscal year 2021.
SEC. 8132. (a) In addition to amounts otherwise made available
in this Act, there is appropriated $100,000,000 to the Under Secretary of Defense (Acquisition and Sustainment), to remain available until expended.
(b) The funds provided by subsection (a) shall be available
to the Under Secretary of Defense (Acquisition and Sustainment),
in coordination with the Assistant Secretary of the Army (Acquisition, Logistics and Technology) and the Assistant Secretary of the
Navy (Research, Development and Acquisition) and the Assistant
Secretary of the Air Force (Acquisition, Technology and Logistics),
to assess and strengthen the manufacturing and defense industrial
base and supply chain resiliency of the United States.
(c)(1) The Under Secretary of Defense (Comptroller) shall
transfer funds provided by subsection (a) to appropriations for operation and maintenance; procurement; and research, development,
test and evaluation to accomplish the purposes specified in subsection (b). Such transferred funds shall be merged with and be
available for the same purposes and for the same time period
as the appropriation to which they are transferred.
(2) The transfer authority provided by this subsection shall
be in addition to any other transfer authority available to the
Department of Defense.
(3) The Under Secretary of Defense (Acquisition and
Sustainment) shall, through the Under Secretary of Defense (Comptroller), not less than 30 days prior to making any transfer under
this subsection, notify the congressional defense committees in
writing of the details of the transfer.
(d) Funds appropriated by this section may not be transferred
to ‘‘Drug Interdiction and Counter-Drug Activities, Defense’’.

Deadline.
Notification.

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(INCLUDING TRANSFER OF FUNDS)

SEC. 8133. In addition to amounts appropriated in title II
or otherwise made available elsewhere in this Act, $300,500,000
is hereby appropriated to the Department of Defense and made
available for transfer to the operation and maintenance accounts

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134 STAT. 1336

Contracts.

Grants.

Contracts.

Coordination.

Definition.
Determination.

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Contracts.
Icebreaking
vessels.

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PUBLIC LAW 116–260—DEC. 27, 2020

of the Army, Navy, Marine Corps, and Air Force (including National
Guard and Reserve) for purposes of improving military readiness:
Provided, That the transfer authority provided under this provision
is in addition to any other transfer authority provided elsewhere
in this Act.
SEC. 8134. None of the funds provided in this Act for requirements development, performance specification development, concept
design and development, ship configuration development, systems
engineering, naval architecture, marine engineering, operations
research analysis, industry studies, preliminary design, development of the Detailed Design and Construction Request for Proposals
solicitation package, or related activities for the AS(X) Submarine
Tender, T–ARC(X) Cable Laying and Repair Ship, or T–AGOS(X)
Oceanographic Surveillance Ship may be used to award a new
contract for such activities unless these contracts include specifications that all auxiliary equipment, including pumps and propulsion
shafts are manufactured in the United States.
SEC. 8135. None of the funds made available by this Act may
be obligated or expended for the purpose of decommissioning the
USS Fort Worth or the USS Coronado.
SEC. 8136. Of the amounts appropriated in this Act under
the heading ‘‘Operation and Maintenance, Defense-Wide’’,
$50,000,000, to remain available until September 30, 2022: Provided, That such funds shall only be available to the Secretary
of Defense, acting through the Office of Economic Adjustment of
the Department of Defense, to make grants to communities
impacted by military aviation noise for the purpose of installing
noise mitigating insulation at covered facilities: Provided further,
That, to be eligible to receive a grant under the program, a community must enter into an agreement with the Secretary under which
the community prioritizes the use of funds for the installation
of noise mitigation at covered facilities in the community: Provided
further, That as a condition of receiving funds under this section
a State or local entity shall provide a matching share of ten percent:
Provided further, That grants under the program may be used
to meet the Federal match requirement under the airport improvement program established under subchapter I of chapter 471 and
subchapter I of chapter 475 of title 49, United States Code: Provided
further, That, in carrying out the program, the Secretary of Defense
shall coordinate with the Secretary of Transportation to minimize
duplication of efforts with any other noise mitigation program
compliant with part 150 of title 14, Code of Federal Regulations:
Provided further, That, in this section, the term ‘‘covered facilities’’
means hospitals, daycare facilities, schools, facilities serving senior
citizens, and private residences that are located within one mile
or a day-night average sound level of 65 or greater of a military
installation or another location at which military aircraft are stationed or are located in an area impacted by military aviation
noise within one mile or a day-night average sound level of 65
or greater, as determined by the Department of Defense or Federal
Aviation Administration noise modeling programs.
SEC. 8137. None of the funds appropriated or otherwise made
available by this Act may be obligated or expended for the lease
of an icebreaking vessel unless such obligation or expenditure is
compliant with section 1301 of title 31, United States Code, and
related statutes and is made pursuant to a contract awarded using

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1337

full and open competitive procedures or procedures authorized by
section 2304(c)(6) of title 10, United States Code.
SEC. 8138. Amounts appropriated or otherwise made available
to the Department of Defense in this Act, may not be obligated
or expended for the retirement or divestiture of the RQ–4 Global
Hawk Block 30 and Block 40 aircraft: Provided, That the Secretary
of the Air Force is prohibited from deactivating the corresponding
squadrons responsible for the operations of the aforementioned
aircraft.
TITLE IX
OVERSEAS CONTINGENCY OPERATIONS
MILITARY PERSONNEL
MILITARY PERSONNEL, ARMY
For an additional amount for ‘‘Military Personnel, Army’’,
$2,748,033,000: Provided, That such amount is 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.
MILITARY PERSONNEL, NAVY
For an additional amount for ‘‘Military Personnel,
$382,286,000: Provided, That such amount is designated
Congress for Overseas Contingency Operations/Global War
rorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
and Emergency Deficit Control Act of 1985.

Navy’’,
by the
on TerBudget

MILITARY PERSONNEL, MARINE CORPS
For an additional amount for ‘‘Military Personnel, Marine
Corps’’, $129,943,000: Provided, That such amount is 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.
MILITARY PERSONNEL, AIR FORCE
For an additional amount for ‘‘Military Personnel, Air Force’’,
$1,077,168,000: Provided, That such amount is 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.

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RESERVE PERSONNEL, ARMY
For an additional amount for ‘‘Reserve Personnel,
$33,414,000: Provided, That such amount is designated
Congress for Overseas Contingency Operations/Global War
rorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
and Emergency Deficit Control Act of 1985.

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Army’’,
by the
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134 STAT. 1338

PUBLIC LAW 116–260—DEC. 27, 2020
RESERVE PERSONNEL, NAVY

For an additional amount for ‘‘Reserve Personnel,
$11,771,000: Provided, That such amount is designated
Congress for Overseas Contingency Operations/Global War
rorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
and Emergency Deficit Control Act of 1985.

Navy’’,
by the
on TerBudget

RESERVE PERSONNEL, MARINE CORPS
For an additional amount for ‘‘Reserve Personnel, Marine
Corps’’, $2,048,000: Provided, That such amount is 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.
RESERVE PERSONNEL, AIR FORCE
For an additional amount for ‘‘Reserve Personnel, Air Force’’,
$16,816,000: Provided, That such amount is 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.
NATIONAL GUARD PERSONNEL, ARMY
For an additional amount for ‘‘National Guard Personnel,
Army’’, $195,314,000: Provided, That such amount is 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.
NATIONAL GUARD PERSONNEL, AIR FORCE
For an additional amount for ‘‘National Guard Personnel, Air
Force’’, $5,800,000: Provided, That such amount is 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.
OPERATION AND MAINTENANCE
OPERATION

AND

MAINTENANCE, ARMY

For an additional amount for ‘‘Operation and Maintenance,
Army’’, $17,497,254,000: Provided, That such amount is 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.

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OPERATION

AND

MAINTENANCE, NAVY

For an additional amount for ‘‘Operation and Maintenance,
Navy’’, $11,568,363,000: Provided, That such amount is 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.

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PUBLIC LAW 116–260—DEC. 27, 2020
OPERATION

AND

134 STAT. 1339

MAINTENANCE, MARINE CORPS

For an additional amount for ‘‘Operation and Maintenance,
Marine Corps’’, $1,108,667,000: Provided, That such amount is 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.
OPERATION

AND

MAINTENANCE, AIR FORCE

For an additional amount for ‘‘Operation and Maintenance,
Air Force’’, $18,432,020,000: Provided, That such amount is 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.
OPERATION

AND

MAINTENANCE, SPACE FORCE

For an additional amount for ‘‘Operation and Maintenance,
Space Force’’, $77,115,000: Provided, That such amount is 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.
OPERATION

MAINTENANCE, DEFENSE-WIDE

AND

For an additional amount for ‘‘Operation and Maintenance,
Defense-Wide’’, $6,041,898,000: Provided, That such amount is 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.
OPERATION

MAINTENANCE, ARMY RESERVE

AND

For an additional amount for ‘‘Operation and Maintenance,
Army Reserve’’, $33,399,000: Provided, That such amount is 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.
OPERATION

AND

MAINTENANCE, NAVY RESERVE

For an additional amount for ‘‘Operation and Maintenance,
Navy Reserve’’, $21,492,000: Provided, That such amount is 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.

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OPERATION

AND

MAINTENANCE, MARINE CORPS RESERVE

For an additional amount for ‘‘Operation and Maintenance,
Marine Corps Reserve’’, $8,707,000: Provided, That such amount
is 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.

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134 STAT. 1340

PUBLIC LAW 116–260—DEC. 27, 2020
OPERATION

AND

MAINTENANCE, AIR FORCE RESERVE

For an additional amount for ‘‘Operation and Maintenance,
Air Force Reserve’’, $30,090,000: Provided, That such amount is
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.
OPERATION

AND

MAINTENANCE, ARMY NATIONAL GUARD

For an additional amount for ‘‘Operation and Maintenance,
Army National Guard’’, $79,792,000: Provided, That such amount
is 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.
OPERATION

AND

MAINTENANCE, AIR NATIONAL GUARD

For an additional amount for ‘‘Operation and Maintenance,
Air National Guard’’, $175,642,000: Provided, That such amount
is 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.
AFGHANISTAN SECURITY FORCES FUND

Contracts.

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Notification.
Reports.

Notification.

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For the ‘‘Afghanistan Security Forces Fund’’, $3,047,612,000,
to remain available until September 30, 2022: Provided, That such
funds shall be available to the Secretary of Defense for the purpose
of allowing the Commander, Combined Security Transition Command—Afghanistan, or the Secretary’s designee, to provide assistance, with the concurrence of the Secretary of State, to the security
forces of Afghanistan, including the provision of equipment, supplies, services, training, facility and infrastructure repair, renovation, construction, and funding: Provided further, That the Secretary
of Defense may obligate and expend funds made available to the
Department of Defense in this title for additional costs associated
with existing projects previously funded with amounts provided
under the heading ‘‘Afghanistan Infrastructure Fund’’ in prior Acts:
Provided further, That such costs shall be limited to contract
changes resulting from inflation, market fluctuation, rate adjustments, and other necessary contract actions to complete existing
projects, and associated supervision and administration costs and
costs for design during construction: Provided further, That the
Secretary may not use more than $50,000,000 under the authority
provided in this section: Provided further, That the Secretary shall
notify in advance such contract changes and adjustments in annual
reports to the congressional defense committees: Provided further,
That the authority to provide assistance under this heading is
in addition to any other authority to provide assistance to foreign
nations: Provided further, That contributions of funds for the purposes provided herein from any person, foreign government, or
international organization may be credited to this Fund, to remain
available until expended, and used for such purposes: Provided
further, That the Secretary of Defense shall notify the congressional
defense committees in writing upon the receipt and upon the obligation of any contribution, delineating the sources and amounts of

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1341

the funds received and the specific use of such contributions: Provided further, That the Secretary of Defense shall, not fewer than
15 days prior to obligating from this appropriation account, notify
the congressional defense committees in writing of the details of
any such obligation: Provided further, That the Secretary of Defense
shall notify the congressional defense committees of any proposed
new projects or activities, or transfer of funds between budget
sub-activity groups in excess of $20,000,000: Provided further, That
the United States may accept equipment procured using funds
provided under this heading in this or prior Acts that was transferred to the security forces of Afghanistan and returned by such
forces to the United States: Provided further, That equipment procured using funds provided under this heading in this or prior
Acts, and not yet transferred to the security forces of Afghanistan
or transferred to the security forces of Afghanistan and returned
by such forces to the United States, may be treated as stocks
of the Department of Defense upon written notification to the
congressional defense committees: Provided further, That of the
funds provided under this heading, not less than $20,000,000 shall
be for recruitment and retention of women in the Afghanistan
National Security Forces, and the recruitment and training of
female security personnel: Provided further, That funds appropriated under this heading and made available for the salaries
and benefits of personnel of the Afghanistan Security Forces may
only be used for personnel who are enrolled in the Afghanistan
Personnel and Pay System: Provided further, That funds appropriated under this heading for the Afghanistan Security Forces
may only be obligated if the Secretary of Defense, in consultation
with the Secretary of State, certifies in writing to the congressional
defense committees that such forces are controlled by a civilian,
representative government that is committed to protecting human
rights and women’s rights and preventing terrorists and terrorist
groups from using the territory of Afghanistan to threaten the
security of the United States and United States allies: Provided
further, That such amount is 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.

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COUNTER-ISIS TRAIN

AND

EQUIP FUND

For the ‘‘Counter-Islamic State of Iraq and Syria Train and
Equip Fund’’, $710,000,000, to remain available until September
30, 2022: Provided, That such funds shall be available to the Secretary of Defense in coordination with the Secretary of State, to
provide assistance, including training; equipment; logistics support,
supplies, and services; stipends; infrastructure repair and renovation; construction for facility fortification and humane treatment;
and sustainment, to foreign security forces, irregular forces, groups,
or individuals participating, or preparing to participate in activities
to counter the Islamic State of Iraq and Syria, and their affiliated
or associated groups: Provided further, That amounts made available under this heading shall be available to provide assistance
only for activities in a country designated by the Secretary of
Defense, in coordination with the Secretary of State, as having
a security mission to counter the Islamic State of Iraq and Syria,
and following written notification to the congressional defense

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Deadline.
Notification.
Notification.

Notification.

Consultation.
Certification.

Iraq.
Syria.

Coordination.

Designation.
Coordination.
Notification.

PUBL260A

134 STAT. 1342
Assessment.

Deadline.
Notification.

Waiver authority.
Determination.
Notification.

Notification.

Determination.
Notification.

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Reports.

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PUBLIC LAW 116–260—DEC. 27, 2020

committees of such designation: Provided further, That the Secretary of Defense shall ensure that prior to providing assistance
to elements of any forces or individuals, such elements or individuals are appropriately vetted, including at a minimum, assessing
such elements for associations with terrorist groups or groups associated with the Government of Iran; and receiving commitments
from such elements to promote respect for human rights and the
rule of law: Provided further, That the Secretary of Defense shall,
not fewer than 15 days prior to obligating from this appropriation
account, notify the congressional defense committees in writing
of the details of any such obligation: Provided further, That the
Secretary of Defense may accept and retain contributions, including
assistance in-kind, from foreign governments, including the Government of Iraq and other entities, to carry out assistance authorized
under this heading: Provided further, That contributions of funds
for the purposes provided herein from any foreign government
or other entity may be credited to this Fund, to remain available
until expended, and used for such purposes: Provided further, That
the Secretary of Defense shall prioritize such contributions when
providing any assistance for construction for facility fortification:
Provided further, That the Secretary of Defense may waive a provision of law relating to the acquisition of items and support services
or sections 40 and 40A of the Arms Export Control Act (22 U.S.C.
2780 and 2785) if the Secretary determines that such provision
of law would prohibit, restrict, delay or otherwise limit the provision
of such assistance and a notice of and justification for such waiver
is submitted to the congressional defense committees, the Committees on Appropriations and Foreign Relations of the Senate and
the Committees on Appropriations and Foreign Affairs of the House
of Representatives: Provided further, That the United States may
accept equipment procured using funds provided under this heading,
or under the heading, ‘‘Iraq Train and Equip Fund’’ in prior Acts,
that was transferred to security forces, irregular forces, or groups
participating, or preparing to participate in activities to counter
the Islamic State of Iraq and Syria and returned by such forces
or groups to the United States, and such equipment may be treated
as stocks of the Department of Defense upon written notification
to the congressional defense committees: Provided further, That
equipment procured using funds provided under this heading, or
under the heading, ‘‘Iraq Train and Equip Fund’’ in prior Acts,
and not yet transferred to security forces, irregular forces, or groups
participating, or preparing to participate in activities to counter
the Islamic State of Iraq and Syria may be treated as stocks
of the Department of Defense when determined by the Secretary
to no longer be required for transfer to such forces or groups
and upon written notification to the congressional defense committees: Provided further, That the Secretary of Defense shall provide
quarterly reports to the congressional defense committees on the
use of funds provided under this heading, including, but not limited
to, the number of individuals trained, the nature and scope of
support and sustainment provided to each group or individual,
the area of operations for each group, and the contributions of
other countries, groups, or individuals: Provided further, That such
amount is 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.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1343

PROCUREMENT
AIRCRAFT PROCUREMENT, ARMY
For an additional amount for ‘‘Aircraft Procurement, Army’’,
$595,112,000, to remain available until September 30, 2023: Provided, That such amount is 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.
MISSILE PROCUREMENT, ARMY
For an additional amount for ‘‘Missile Procurement, Army’’,
$796,599,000, to remain available until September 30, 2023: Provided, That such amount is 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.
PROCUREMENT

OF

WEAPONS

AND TRACKED COMBAT VEHICLES,
ARMY

For an additional amount for ‘‘Procurement of Weapons and
Tracked Combat Vehicles, Army’’, $15,225,000, to remain available
until September 30, 2023: Provided, That such amount is 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.
PROCUREMENT

OF

AMMUNITION, ARMY

For an additional amount for ‘‘Procurement of Ammunition,
Army’’, $103,875,000, to remain available until September 30, 2023:
Provided, That such amount is 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.
OTHER PROCUREMENT, ARMY
For an additional amount for ‘‘Other Procurement, Army’’,
$924,823,000, to remain available until September 30, 2023: Provided, That such amount is 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.

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AIRCRAFT PROCUREMENT, NAVY
For an additional amount for ‘‘Aircraft Procurement, Navy’’,
$32,905,000, to remain available until September 30, 2023: Provided, That such amount is 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.

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134 STAT. 1344

PUBLIC LAW 116–260—DEC. 27, 2020
WEAPONS PROCUREMENT, NAVY

For an additional amount for ‘‘Weapons Procurement, Navy’’,
$5,572,000, to remain available until September 30, 2023: Provided,
That such amount is 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.
PROCUREMENT

OF

AMMUNITION, NAVY

AND

MARINE CORPS

For an additional amount for ‘‘Procurement of Ammunition,
Navy and Marine Corps’’, $77,424,000, to remain available until
September 30, 2023: Provided, That such amount is 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.
OTHER PROCUREMENT, NAVY
For an additional amount for ‘‘Other Procurement, Navy’’,
$341,612,000, to remain available until September 30, 2023: Provided, That such amount is 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.
PROCUREMENT, MARINE CORPS
For an additional amount for ‘‘Procurement, Marine Corps’’,
$47,963,000, to remain available until September 30, 2023: Provided, That such amount is 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.
AIRCRAFT PROCUREMENT, AIR FORCE
For an additional amount for ‘‘Aircraft Procurement, Air Force’’,
$772,738,000, to remain available until September 30, 2023: Provided, That such amount is 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.
MISSILE PROCUREMENT, AIR FORCE
For an additional amount for ‘‘Missile Procurement, Air Force’’,
$223,772,000, to remain available until September 30, 2023: Provided, That such amount is 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.

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PROCUREMENT

OF

AMMUNITION, AIR FORCE

For an additional amount for ‘‘Procurement of Ammunition,
Air Force’’, $785,617,000, to remain available until September 30,
2023: Provided, That such amount is designated by the Congress

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1345

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.
OTHER PROCUREMENT, AIR FORCE
For an additional amount for ‘‘Other Procurement, Air Force’’,
$355,339,000, to remain available until September 30, 2023: Provided, That such amount is 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.
PROCUREMENT, DEFENSE-WIDE
For an additional amount for ‘‘Procurement, Defense-Wide’’,
$342,137,000, to remain available until September 30, 2023: Provided, That such amount is 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.
NATIONAL GUARD AND RESERVE EQUIPMENT ACCOUNT
For procurement of rotary-wing aircraft; combat, tactical and
support vehicles; other weapons; and other procurement items for
the reserve components of the Armed Forces, $950,000,000, to
remain available for obligation until September 30, 2023: Provided,
That the Chiefs of National Guard and Reserve components shall,
not later than 30 days after enactment of this Act, individually
submit to the congressional defense committees the modernization
priority assessment for their respective National Guard or Reserve
component: Provided further, That none of the funds made available
by this paragraph may be used to procure manned fixed wing
aircraft, or procure or modify missiles, munitions, or ammunition:
Provided further, That such amount is 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.

Deadline.
Assessments.

RESEARCH, DEVELOPMENT, TEST AND EVALUATION
RESEARCH, DEVELOPMENT, TEST

AND

EVALUATION, ARMY

For an additional amount for ‘‘Research, Development, Test
and Evaluation, Army’’, $175,824,000, to remain available until
September 30, 2022: Provided, That such amount is 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.

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RESEARCH, DEVELOPMENT, TEST

AND

EVALUATION, NAVY

For an additional amount for ‘‘Research, Development, Test
and Evaluation, Navy’’, $59,562,000, to remain available until September 30, 2022: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on

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134 STAT. 1346

PUBLIC LAW 116–260—DEC. 27, 2020

Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
RESEARCH, DEVELOPMENT, TEST

AND

EVALUATION, AIR FORCE

For an additional amount for ‘‘Research, Development, Test
and Evaluation, Air Force’’, $5,304,000, to remain available until
September 30, 2022: Provided, That such amount is 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.
RESEARCH, DEVELOPMENT, TEST

AND

EVALUATION, DEFENSE-WIDE

For an additional amount for ‘‘Research, Development, Test
and Evaluation, Defense-Wide’’, $80,818,000, to remain available
until September 30, 2022: Provided, That such amount is 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.
REVOLVING AND MANAGEMENT FUNDS
DEFENSE WORKING CAPITAL FUNDS
For an additional amount for ‘‘Defense Working Capital Funds’’,
$20,090,000: Provided, That such amount is 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.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
DEFENSE HEALTH PROGRAM
For an additional amount for ‘‘Defense Health Program’’,
$365,098,000, which shall be for operation and maintenance: Provided, That such amount is 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.
OFFICE

OF THE INSPECTOR

GENERAL

For an additional amount for the ‘‘Office of the Inspector General’’, $24,069,000: Provided, That such amount is 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.

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GENERAL PROVISIONS—THIS TITLE
SEC. 9001. Notwithstanding any other provision of law, funds
made available in this title are in addition to amounts appropriated
or otherwise made available for the Department of Defense for
fiscal year 2021.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1347

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(INCLUDING TRANSFER OF FUNDS)

SEC. 9002. Upon the determination of the Secretary of Defense
that such action is necessary in the national interest, the Secretary
may, with the approval of the Office of Management and Budget,
transfer up to $2,000,000,000 between the appropriations or funds
made available to the Department of Defense in this title: Provided,
That the Secretary shall notify the Congress promptly of each
transfer made pursuant to the authority in this section: Provided
further, That the authority provided in this section is in addition
to any other transfer authority available to the Department of
Defense and is subject to the same terms and conditions as the
authority provided in section 8005 of this Act.
SEC. 9003. Supervision and administration costs and costs for
design during construction associated with a construction project
funded with appropriations available for operation and maintenance
or the ‘‘Afghanistan Security Forces Fund’’ provided in this Act
and executed in direct support of overseas contingency operations
in Afghanistan, may be obligated at the time a construction contract
is awarded: Provided, That, for the purpose of this section, supervision and administration costs and costs for design during construction include all in-house Government costs.
SEC. 9004. From funds made available in this title, the Secretary of Defense may purchase for use by military and civilian
employees of the Department of Defense in the United States Central Command area of responsibility: (1) passenger motor vehicles
up to a limit of $75,000 per vehicle; and (2) heavy and light
armored vehicles for the physical security of personnel or for force
protection purposes up to a limit of $450,000 per vehicle, notwithstanding price or other limitations applicable to the purchase of
passenger carrying vehicles.
SEC. 9005. Not to exceed $2,000,000 of the amounts appropriated by this title under the heading ‘‘Operation and Maintenance,
Army’’ may be used, notwithstanding any other provision of law,
to fund the Commanders’ Emergency Response Program (CERP),
for the purpose of enabling military commanders in Afghanistan
to respond to urgent, small-scale, humanitarian relief and
reconstruction requirements within their areas of responsibility:
Provided, That each project (including any ancillary or related
elements in connection with such project) executed under this
authority shall not exceed $500,000: Provided further, That not
later than 45 days after the end of each 6 months of the fiscal
year, the Secretary of Defense shall submit to the congressional
defense committees a report regarding the source of funds and
the allocation and use of funds during that 6-month period that
were made available pursuant to the authority provided in this
section or under any other provision of law for the purposes
described herein.
SEC. 9006. Funds available to the Department of Defense for
operation and maintenance may be used, notwithstanding any other
provision of law, to provide supplies, services, transportation,
including airlift and sealift, and other logistical support to allied
forces participating in a combined operation with the armed forces
of the United States and coalition forces supporting military and
stability operations in Afghanistan and to counter the Islamic State
of Iraq and Syria: Provided, That the Secretary of Defense shall

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Determination.

Notification.

Time period.
Reports.

Reports.

PUBL260A

134 STAT. 1348

Iraq.

Syria.
Afghanistan.

Plan.

Requirements.

Certification.
Compliance
process.

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Determination.

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PUBLIC LAW 116–260—DEC. 27, 2020

provide quarterly reports to the congressional defense committees
regarding support provided under this section.
SEC. 9007. None of the funds appropriated or otherwise made
available by this or any other Act shall be obligated or expended
by the United States Government for a purpose as follows:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Iraq.
(2) To exercise United States control over any oil resource
of Iraq or Syria.
(3) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Afghanistan.
SEC. 9008. None of the funds made available in this Act may
be used in contravention of the following laws enacted or regulations
promulgated to implement the United Nations Convention Against
Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (done at New York on December 10, 1984):
(1) Section 2340A of title 18, United States Code.
(2) Section 2242 of the Foreign Affairs Reform and Restructuring Act of 1998 (division G of Public Law 105–277; 112
Stat. 2681–822; 8 U.S.C. 1231 note) and regulations prescribed
thereto, including regulations under part 208 of title 8, Code
of Federal Regulations, and part 95 of title 22, Code of Federal
Regulations.
(3) Sections 1002 and 1003 of the Department of Defense,
Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act,
2006 (Public Law 109–148).
SEC. 9009. None of the funds provided for the ‘‘Afghanistan
Security Forces Fund’’ (ASFF) may be obligated prior to the
approval of a financial and activity plan by the Afghanistan
Resources Oversight Council (AROC) of the Department of Defense:
Provided, That the AROC must approve the requirement and
acquisition plan for any service requirements in excess of
$50,000,000 annually and any non-standard equipment requirements in excess of $100,000,000 using ASFF: Provided further,
That the Department of Defense must certify to the congressional
defense committees that the AROC has convened and approved
a process for ensuring compliance with the requirements in the
preceding proviso and accompanying report language for the ASFF.
SEC. 9010. Funds made available in this title to the Department
of Defense for operation and maintenance may be used to purchase
items having an investment unit cost of not more than $250,000:
Provided, That, upon determination by the Secretary of Defense
that such action is necessary to meet the operational requirements
of a Commander of a Combatant Command engaged in contingency
operations overseas, such funds may be used to purchase items
having an investment item unit cost of not more than $500,000.
SEC. 9011. Up to $500,000,000 of funds appropriated by this
Act for the Defense Security Cooperation Agency in ‘‘Operation
and Maintenance, Defense-Wide’’ may be used to provide assistance
to the Government of Jordan to support the armed forces of Jordan
and to enhance security along its borders.
SEC. 9012. None of the funds made available by this Act under
the headings ‘‘Afghanistan Security Forces Fund’’ and ‘‘CounterISIS Train and Equip Fund’’, and under the heading ‘‘Operation

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1349

and Maintenance, Defense-Wide’’ for Department of Defense security cooperation grant programs, may be used to procure or transfer
man-portable air defense systems.
SEC. 9013. Of the amounts appropriated in this title under
the heading ‘‘Operation and Maintenance, Defense-Wide’’, for the
Defense Security Cooperation Agency, $275,000,000, of which
$137,500,000 to remain available until September 30, 2022 shall
be for the Ukraine Security Assistance Initiative: Provided, That
such funds shall be available to the Secretary of Defense, in
coordination with the Secretary of State, to provide assistance,
including training; equipment; lethal assistance; logistics support,
supplies and services; sustainment; and intelligence support to the
military and national security forces of Ukraine, and for replacement of any weapons or articles provided to the Government of
Ukraine from the inventory of the United States: Provided further,
That the Secretary of Defense shall, not less than 15 days prior
to obligating funds made available in this section, notify the congressional defense committees in writing of the details of any such
obligation: Provided further, That the Secretary of Defense shall,
not more than 60 days after such notification is made, inform
such committees if such funds have not been obligated and the
reasons therefor: Provided further, That the United States may
accept equipment procured using funds made available in this section in this or prior Acts that was transferred to the security
forces of Ukraine and returned by such forces to the United States:
Provided further, That equipment procured using funds made available in this section in this or prior Acts, and not yet transferred
to the military or National Security Forces of Ukraine or returned
by such forces to the United States, may be treated as stocks
of the Department of Defense upon written notification to the
congressional defense committees: Provided further, That the Secretary of Defense shall provide quarterly reports to the Committees
on Appropriations of the House of Representatives and the Senate
on the use and status of funds made available in this section.
SEC. 9014. Funds appropriated in this title shall be available
for replacement of funds for items provided to the Government
of Ukraine from the inventory of the United States to the extent
specifically provided for in section 9013 of this Act.
SEC. 9015. None of the funds made available by this Act may
be used to provide arms, training, or other assistance to the Azov
Battalion.
SEC. 9016. Equipment procured using funds provided in prior
Acts under the heading ‘‘Counterterrorism Partnerships Fund’’ for
the program authorized by section 1209 of the Carl Levin and
Howard P. ‘‘Buck’’ McKeon National Defense Authorization Act
for Fiscal Year 2015 (Public Law 113–291), and not yet transferred
to authorized recipients may be transferred to foreign security
forces, irregular forces, groups, or individuals, authorized to receive
assistance using amounts provided under the heading ‘‘CounterISIS Train and Equip Fund’’ in this Act: Provided, That such
equipment may be transferred 15 days following written notification
to the congressional defense committees.
SEC. 9017. None of the funds made available by this Act may
be used with respect to Iraq in contravention of the War Powers
Resolution (50 U.S.C. 1541 et seq.), including for the introduction
of United States armed forces into hostilities in Iraq, into situations
in Iraq where imminent involvement in hostilities is clearly

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Ukraine.

Coordination.

Deadline.
Notification.
Deadline.

Notification.

Reports.

Ukraine.

Azov Battalion.

Deadline.
Notification.
Iraq.

PUBL260A

134 STAT. 1350

Syria.

Afghanistan.

Afghanistan.
Certification.
Deadlines.
Reports.

Time period.

Taliban.
Afghanistan.

Iran.

PUBLIC LAW 116–260—DEC. 27, 2020

indicated by the circumstances, or into Iraqi territory, airspace,
or waters while equipped for combat, in contravention of the
congressional consultation and reporting requirements of sections
3 and 4 of such Resolution (50 U.S.C. 1542 and 1543).
SEC. 9018. None of the funds made available by this Act may
be used with respect to Syria in contravention of the War Powers
Resolution (50 U.S.C. 1541 et seq.), including for the introduction
of United States armed or military forces into hostilities in Syria,
into situations in Syria where imminent involvement in hostilities
is clearly indicated by the circumstances, or into Syrian territory,
airspace, or waters while equipped for combat, in contravention
of the congressional consultation and reporting requirements of
sections 3 and 4 of that law (50 U.S.C. 1542 and 1543).
SEC. 9019. None of the funds in this Act may be made available
for the transfer of additional C–130 cargo aircraft to the Afghanistan
National Security Forces or the Afghanistan Air Force.
SEC. 9020. Funds made available by this Act under the heading
‘‘Afghanistan Security Forces Fund’’ may be used to provide limited
training, equipment, and other assistance that would otherwise
be prohibited by 10 U.S.C. 362 to a unit of the security forces
of Afghanistan only if the Secretary of Defense certifies to the
congressional defense committees, within 30 days of a decision
to provide such assistance, that (1) a denial of such assistance
would present significant risk to United States or coalition forces
or significantly undermine United States national security objectives in Afghanistan; and (2) the Secretary has sought a commitment by the Government of Afghanistan to take all necessary
corrective steps: Provided, That such certification shall be accompanied by a report describing: (1) the information relating to the
gross violation of human rights; (2) the circumstances that necessitated the provision of such assistance; (3) the Afghan security
force unit involved; (4) the assistance provided and the assistance
withheld; and (5) the corrective steps to be taken by the Government
of Afghanistan: Provided further, That every 120 days after the
initial report an additional report shall be submitted detailing the
status of any corrective steps taken by the Government of Afghanistan: Provided further, That if the Government of Afghanistan
has not initiated necessary corrective steps within 1 year of the
certification, the authority under this section to provide assistance
to such unit shall no longer apply: Provided further, That the
Secretary shall submit a report to such committees detailing the
final disposition of the case by the Government of Afghanistan.
SEC. 9021. None of the funds made available by this Act may
be made available for any member of the Taliban except to support
a reconciliation activity that includes the participation of members
of the Government of Afghanistan, does not restrict the participation
of women, and is authorized by section 1218 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116– 92).
SEC. 9022. Nothing in this Act may be construed as authorizing
the use of force against Iran.

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(RESCISSIONS)

SEC. 9023. Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from
the following accounts and programs in the specified amounts:
Provided, That such amounts are designated by the Congress for

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1351

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:
‘‘Procurement of Weapons and Tracked Combat Vehicles,
Army’’, 2019/2021, $90,000,000;
‘‘Aircraft Procurement, Air Force’’, 2019/2021, $16,400,000;
‘‘Operation and Maintenance, Defense-Wide: DSCA Security Cooperation’’, 2020/2021, $75,000,000;
‘‘Operation and Maintenance, Defense-Wide: Coalition Support Funds’’, 2020/2021, $45,000,000;
‘‘Afghanistan
Security
Forces
Fund’’,
2020/2021,
$1,100,000,000;
‘‘Counter-ISIS Train and Equip Fund’’, 2020/2021,
$400,000,000;
‘‘Procurement of Weapons and Tracked Combat Vehicles,
Army’’, 2020/2022, $100,000,000;
‘‘Procurement of Ammunition, Air Force’’, 2020/2022,
$49,679,000;
‘‘Research, Development, Test and Evaluation, Army’’,
2020/2021, $2,878,000; and
‘‘Research, Development, Test and Evaluation, DefenseWide’’, 2020/2021, $7,165,000.
SEC. 9024. Of the amounts appropriated in this title under
the heading ‘‘Operation and Maintenance, Defense-Wide’’, for the
Defense Security Cooperation Agency, $753,603,000, to remain
available until September 30, 2022, shall be available for International Security Cooperation Programs and other programs to
provide support and assistance to foreign security forces or other
groups or individuals to conduct, support or facilitate counterterrorism, crisis response, or building partner capacity programs: Provided, That the Secretary of Defense shall, not less than 15 days
prior to obligating funds made available in this section, notify
the congressional defense committees in writing of the details of
any planned obligation: Provided further, That the Secretary of
Defense shall provide quarterly reports to the Committees on Appropriations of the House of Representatives and the Senate on the
use and status of funds made available in this section.
SEC. 9025. Of the amounts appropriated in this title under
the heading ‘‘Operation and Maintenance, Defense-Wide’’, for the
Defense Security Cooperation Agency, $100,000,000, to remain
available until September 30, 2022, shall be for payments to
reimburse key cooperating nations for logistical, military, and other
support, including access, provided to United States military and
stability operations in Afghanistan and to counter the Islamic State
of Iraq and Syria: Provided, That such reimbursement payments
may be made in such amounts as the Secretary of Defense, with
the concurrence of the Secretary of State, and in consultation with
the Director of the Office of Management and Budget, may determine, based on documentation determined by the Secretary of
Defense to adequately account for the support provided, and such
determination is final and conclusive upon the accounting officers
of the United States, and 15 days following written notification
to the appropriate congressional committees: Provided further, That
these funds may be used for the purpose of providing specialized
training and procuring supplies and specialized equipment and
providing such supplies and loaning such equipment on a non-

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Deadline.
Notification.
Reports.

Afghanistan.
Reimbursements.

Consultation.
Determinations.
Deadline.
Notification.

Deadline.
Notification.

PUBL260A

134 STAT. 1352

Reports.

Reimbursements.
Jordan.
Lebanon.
Egypt.
Tunisia.
Oman.

Deadline.
Notification.

Reports.

President.

Energy and
Water
Development and
Related Agencies
Appropriations
Act, 2021.

PUBLIC LAW 116–260—DEC. 27, 2020

reimbursable basis to coalition forces supporting United States military and stability operations in Afghanistan and to counter the
Islamic State of Iraq and Syria, and 15 days following written
notification to the appropriate congressional committees: Provided
further, That the Secretary of Defense shall provide quarterly
reports to the Committees on Appropriations of the House of Representatives and the Senate on the use and status of funds made
available in this section.
SEC. 9026. Of the amounts appropriated in this title under
the heading ‘‘Operation and Maintenance, Defense-Wide’’, for the
Defense Security Cooperation Agency, $250,000,000, to remain
available until September 30, 2022, shall be available to reimburse
Jordan, Lebanon, Egypt, Tunisia, and Oman under section 1226
of the National Defense Authorization Act for Fiscal Year 2016
(22 U.S.C. 2151 note), for enhanced border security, of which not
less than $150,000,000 shall be for Jordan: Provided, That the
Secretary of Defense shall, not less than 15 days prior to obligating
funds made available in this section, notify the congressional
defense committees in writing of the details of any planned obligation and the nature of the expenses incurred: Provided further,
That the Secretary of Defense shall provide quarterly reports to
the Committees on Appropriations of the House of Representatives
and the Senate on the use and status of funds made available
in this section.
SEC. 9027. 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.
SEC. 9028. None of the funds appropriated or otherwise made
available by this Act may be used in contravention of the First
Amendment of the Constitution.
This division may be cited as the ‘‘Department of Defense
Appropriations Act, 2021’’.
DIVISION D—ENERGY AND WATER DEVELOPMENT AND
RELATED AGENCIES APPROPRIATIONS ACT, 2021
TITLE I
CORPS OF ENGINEERS—CIVIL
DEPARTMENT OF THE ARMY

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CORPS

OF

ENGINEERS—CIVIL

The following appropriations shall be expended under the direction of the Secretary of the Army and the supervision of the Chief
of Engineers for authorized civil functions of the Department of
the Army pertaining to river and harbor, flood and storm damage
reduction, shore protection, aquatic ecosystem restoration, and
related efforts.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1353

INVESTIGATIONS

For expenses necessary where authorized by law for the collection and study of basic information pertaining to river and harbor,
flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related needs; for surveys and detailed
studies, and plans and specifications of proposed river and harbor,
flood and storm damage reduction, shore protection, and aquatic
ecosystem restoration projects, and related efforts prior to construction; for restudy of authorized projects; and for miscellaneous investigations, and, when authorized by law, surveys and detailed
studies, and plans and specifications of projects prior to construction, $153,000,000, to remain available until expended: Provided,
That the Secretary shall initiate nine new study starts during
fiscal year 2021: Provided further, That the Secretary shall not
deviate from the new starts proposed in the work plan, once the
plan has been submitted to the Committees on Appropriations
of both Houses of Congress.

Studies.
Work plan.

CONSTRUCTION

For expenses necessary for the construction of river and harbor,
flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related projects authorized by law; for
conducting detailed studies, and plans and specifications, of such
projects (including those involving participation by States, local
governments, or private groups) authorized or made eligible for
selection by law (but such detailed studies, and plans and specifications, shall not constitute a commitment of the Government to
construction); $2,692,645,000, to remain available until expended;
of which such sums as are necessary to cover the Federal share
of construction costs for facilities under the Dredged Material Disposal Facilities program shall be derived from the Harbor Maintenance Trust Fund as authorized by Public Law 104–303; and of
which such sums as are necessary to cover 35 percent of the
costs of construction, replacement, rehabilitation, and expansion
of inland waterways projects, shall be derived from the Inland
Waterways Trust Fund, except as otherwise specifically provided
for in law.
MISSISSIPPI RIVER AND TRIBUTARIES

For expenses necessary for flood damage reduction projects
and related efforts in the Mississippi River alluvial valley below
Cape Girardeau, Missouri, as authorized by law, $380,000,000, to
remain available until expended, of which such sums as are necessary to cover the Federal share of eligible operation and maintenance costs for inland harbors shall be derived from the Harbor
Maintenance Trust Fund: Provided, That the Secretary shall initiate
one new study start in fiscal year 2021: Provided further, That
the Secretary shall not deviate from the work plan, once the plan
has been submitted to the Committees on Appropriations of both
Houses of Congress.

Study.
Work plan.

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OPERATION AND MAINTENANCE

For expenses necessary for the operation, maintenance, and
care of existing river and harbor, flood and storm damage reduction,

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134 STAT. 1354

PUBLIC LAW 116–260—DEC. 27, 2020

aquatic ecosystem restoration, and related projects authorized by
law; providing security for infrastructure owned or operated by
the Corps, including administrative buildings and laboratories;
maintaining harbor channels provided by a State, municipality,
or other public agency that serve essential navigation needs of
general commerce, where authorized by law; surveying and charting
northern and northwestern lakes and connecting waters; clearing
and straightening channels; and removing obstructions to navigation, $3,849,655,000, to remain available until expended, of which
such sums as are necessary to cover the Federal share of eligible
operation and maintenance costs for coastal harbors and channels,
and for inland harbors shall be derived from the Harbor Maintenance Trust Fund; of which such sums as become available from
the special account for the Corps of Engineers established by the
Land and Water Conservation Fund Act of 1965 shall be derived
from that account for resource protection, research, interpretation,
and maintenance activities related to resource protection in the
areas at which outdoor recreation is available; and of which such
sums as become available from fees collected under section 217
of Public Law 104–303 shall be used to cover the cost of operation
and maintenance of the dredged material disposal facilities for
which such fees have been collected: Provided, That 1 percent
of the total amount of funds provided for each of the programs,
projects, or activities funded under this heading shall not be allocated to a field operating activity prior to the beginning of the
fourth quarter of the fiscal year and shall be available for use
by the Chief of Engineers to fund such emergency activities as
the Chief of Engineers determines to be necessary and appropriate,
and that the Chief of Engineers shall allocate during the fourth
quarter any remaining funds which have not been used for emergency activities proportionally in accordance with the amounts provided for the programs, projects, or activities.
REGULATORY PROGRAM

For expenses necessary for administration of laws pertaining
to regulation of navigable waters and wetlands, $210,000,000, to
remain available until September 30, 2022.
FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

For expenses necessary to clean up contamination from sites
in the United States resulting from work performed as part of
the Nation’s early atomic energy program, $250,000,000, to remain
available until expended.
FLOOD CONTROL AND COASTAL EMERGENCIES

For expenses necessary to prepare for flood, hurricane, and
other natural disasters and support emergency operations, repairs,
and other activities in response to such disasters as authorized
by law, $35,000,000, to remain available until expended.

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EXPENSES

For expenses necessary for the supervision and general
administration of the civil works program in the headquarters
of the Corps of Engineers and the offices of the Division Engineers;

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1355

and for costs of management and operation of the Humphreys
Engineer Center Support Activity, the Institute for Water
Resources, the United States Army Engineer Research and Development Center, and the United States Army Corps of Engineers
Finance Center allocable to the civil works program, $206,000,000,
to remain available until September 30, 2022, of which not to
exceed $5,000 may be used for official reception and representation
purposes and only during the current fiscal year: Provided, That
no part of any other appropriation provided in this title shall
be available to fund the civil works activities of the Office of
the Chief of Engineers or the civil works executive direction and
management activities of the division offices: Provided further, That
any Flood Control and Coastal Emergencies appropriation may
be used to fund the supervision and general administration of
emergency operations, repairs, and other activities in response to
any flood, hurricane, or other natural disaster.
OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY FOR CIVIL WORKS
(INCLUDING RESCISSION OF FUNDS)

For the Office of the Assistant Secretary of the Army for Civil
Works as authorized by 10 U.S.C. 3016(b)(3), $5,000,000, to remain
available until September 30, 2022: Provided, That not more than
75 percent of such amount may be obligated or expended until
the Assistant Secretary submits to the Committees on Appropriations of both Houses of Congress the report required under section
101(d) of this Act and a work plan that allocates at least 95
percent of the additional funding provided under each heading
in this title, as designated under such heading in the explanatory
statement described in section 4 (in the matter preceding division
A of this consolidated Act), to specific programs, projects, or activities: Provided further, That of the unobligated balances available
from amounts appropriated in prior Acts under this heading,
$500,000 is hereby rescinded: Provided further, 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.

Reports.
Work plan.

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WATER INFRASTRUCTURE FINANCE AND INNOVATION PROGRAM
ACCOUNT

For the cost of direct loans and for the cost of guaranteed
loans, as authorized by the Water Infrastructure Finance and
Innovation Act of 2014, $12,000,000, to remain available until
expended, for safety projects to maintain, upgrade, and repair dams
identified in the National Inventory of Dams with a primary owner
type of state, local government, public utility, or private: Provided,
That, no project may be funded with amounts provided under
this heading for a dam that is identified as jointly owned in the
National Inventory of Dams and where one of those joint owners
is the Federal Government: Provided further, That such costs,
including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974: Provided
further, That these funds are available to subsidize gross obligations
for the principal amount of direct loans, including capitalized
interest, and total loan principal, including capitalized interest,

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PUBL260A

134 STAT. 1356
Consultation.
Reports.
Analyses.
Determination.
Estimates.
Regulations.

Criteria.

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Certification.
Compliance.

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PUBLIC LAW 116–260—DEC. 27, 2020

any part of which is to be guaranteed, not to exceed $950,000,000:
Provided further, That, within 30 days of enactment of this Act,
the Secretary, in consultation with the Office of Management and
Budget, shall transmit a report to the Committees on Appropriations of the House of Representatives and the Senate that provides:
(1) an analysis of how subsidy rates will be determined for loans
financed by appropriations provided under this heading in this
Act; (2) a comparison of the factors that will be considered in
estimating subsidy rates for loans financed under this heading
in this Act with factors that will be considered in estimates of
subsidy rates for other projects authorized by the Water Infrastructure Finance and Innovation Act of 2014, including an analysis
of how both sets of rates will be determined; and (3) an analysis
of the process for developing draft regulations for the Water Infrastructure Finance and Innovation program, including a crosswalk
from the statutory requirements for such program, and a timetable
for publishing such regulations: Provided further, That the use
of direct loans or loan guarantee authority under this heading
for direct loans or commitments to guarantee loans for any project
shall be in accordance with the criteria published in the Federal
Register on June 30, 2020 (85 FR 39189) pursuant to the fourth
proviso under the heading ‘‘Water Infrastructure Finance and
Innovation Program Account’’ in division D of the Further Consolidated Appropriations Act, 2020 (Public Law 116–94): Provided further, That none of the direct loans or loan guarantee authority
made available under this heading shall be available for any project
unless the Secretary and the Director of the Office of Management
and Budget have certified in advance in writing that the direct
loan or loan guarantee, as applicable, and the project comply with
the criteria referenced in the previous proviso: Provided further,
That any references to the Environmental Protection Agency (EPA)
or the Administrator in the criteria referenced in the previous
two provisos shall be deemed to be references to the Army Corps
of Engineers or the Secretary of the Army, respectively, for purposes
of the direct loans or loan guarantee authority made available
under this heading: Provided further, That, for the purposes of
carrying out the Congressional Budget Act of 1974, the Director
of the Congressional Budget Office may request, and the Secretary
shall promptly provide, documentation and information relating
to a project identified in a Letter of Interest submitted to the
Secretary pursuant to a Notice of Funding Availability for applications for credit assistance under the Water Infrastructure Finance
and Innovation Act Program, including with respect to a project
that was initiated or completed before the date of enactment of
this Act.
In addition, fees authorized to be collected pursuant to sections
5029 and 5030 of the Water Infrastructure Finance and Innovation
Act of 2014 shall be deposited in this account, to remain available
until expended.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $2,200,000, to remain available
until September 30, 2022.

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PUBL260A

PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1357

GENERAL PROVISIONS—CORPS OF ENGINEERS—CIVIL

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(INCLUDING TRANSFER OF FUNDS)

SEC. 101. (a) None of the funds provided in title I of this
Act, or provided by previous appropriations Acts to the agencies
or entities funded in title I of this Act that remain available for
obligation or expenditure in fiscal year 2021, shall be available
for obligation or expenditure through a reprogramming of funds
that:
(1) creates or initiates a new program, project, or activity;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted
by this Act, unless prior approval is received from the Committees on Appropriations of both Houses of Congress;
(4) proposes to use funds directed for a specific activity
for a different purpose, unless prior approval is received from
the Committees on Appropriations of both Houses of Congress;
(5) augments or reduces existing programs, projects, or
activities in excess of the amounts contained in paragraphs
(6) through (10), unless prior approval is received from the
Committees on Appropriations of both Houses of Congress;
(6) INVESTIGATIONS.—For a base level over $100,000, reprogramming of 25 percent of the base amount up to a limit
of $150,000 per project, study or activity is allowed: Provided,
That for a base level less than $100,000, the reprogramming
limit is $25,000: Provided further, That up to $25,000 may
be reprogrammed into any continuing study or activity that
did not receive an appropriation for existing obligations and
concomitant administrative expenses;
(7) CONSTRUCTION.—For a base level over $2,000,000, reprogramming of 15 percent of the base amount up to a limit
of $3,000,000 per project, study or activity is allowed: Provided,
That for a base level less than $2,000,000, the reprogramming
limit is $300,000: Provided further, That up to $3,000,000 may
be reprogrammed for settled contractor claims, changed conditions, or real estate deficiency judgments: Provided further,
That up to $300,000 may be reprogrammed into any continuing
study or activity that did not receive an appropriation for
existing obligations and concomitant administrative expenses;
(8) OPERATION AND MAINTENANCE.—Unlimited reprogramming authority is granted for the Corps to be able to respond
to emergencies: Provided, That the Chief of Engineers shall
notify the Committees on Appropriations of both Houses of
Congress of these emergency actions as soon thereafter as
practicable: Provided further, That for a base level over
$1,000,000, reprogramming of 15 percent of the base amount
up to a limit of $5,000,000 per project, study, or activity is
allowed: Provided further, That for a base level less than
$1,000,000, the reprogramming limit is $150,000: Provided further, That $150,000 may be reprogrammed into any continuing
study or activity that did not receive an appropriation;
(9) MISSISSIPPI RIVER AND TRIBUTARIES.—The reprogramming guidelines in paragraphs (6), (7), and (8) shall apply

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Advance
approval.

Advance
approval.
Advance
approval.

Notification.

Guidelines.
Applicability.

PUBL260A

134 STAT. 1358

Reports.

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Determination.

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PUBLIC LAW 116–260—DEC. 27, 2020

to the Investigations, Construction, and Operation and Maintenance portions of the Mississippi River and Tributaries Account,
respectively; and
(10) FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM.—Reprogramming of up to 15 percent of the base of
the receiving project is permitted.
(b) DE MINIMUS REPROGRAMMINGS.—In no case should a reprogramming for less than $50,000 be submitted to the Committees
on Appropriations of both Houses of Congress.
(c) CONTINUING AUTHORITIES PROGRAM.—Subsection (a)(1) shall
not apply to any project or activity funded under the continuing
authorities program.
(d) Not later than 60 days after the date of enactment of
this Act, the Secretary shall submit a report to the Committees
on Appropriations of both Houses of Congress to establish the
baseline for application of reprogramming and transfer authorities
for the current fiscal year which shall include:
(1) A table for each appropriation with a separate column
to display the President’s budget request, adjustments made
by Congress, adjustments due to enacted rescissions, if
applicable, and the fiscal year enacted level; and
(2) A delineation in the table for each appropriation both
by object class and program, project and activity as detailed
in the budget appendix for the respective appropriations; and
(3) An identification of items of special congressional
interest.
SEC. 102. The Secretary shall allocate funds made available
in this Act solely in accordance with the provisions of this Act
and the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), including the determination and designation of new starts.
SEC. 103. None of the funds made available in this title may
be used to award or modify any contract that commits funds beyond
the amounts appropriated for that program, project, or activity
that remain unobligated, except that such amounts may include
any funds that have been made available through reprogramming
pursuant to section 101.
SEC. 104. The Secretary of the Army may transfer to the
Fish and Wildlife Service, and the Fish and Wildlife Service may
accept and expend, up to $5,400,000 of funds provided in this
title under the heading ‘‘Operation and Maintenance’’ to mitigate
for fisheries lost due to Corps of Engineers projects.
SEC. 105. None of the funds in this Act shall be used for
an open lake placement alternative for dredged material, after
evaluating the least costly, environmentally acceptable manner for
the disposal or management of dredged material originating from
Lake Erie or tributaries thereto, unless it is approved under a
State water quality certification pursuant to section 401 of the
Federal Water Pollution Control Act (33 U.S.C. 1341): Provided,
That until an open lake placement alternative for dredged material
is approved under a State water quality certification, the Corps
of Engineers shall continue upland placement of such dredged material consistent with the requirements of section 101 of the Water
Resources Development Act of 1986 (33 U.S.C. 2211).
SEC. 106. None of the funds made available by this Act or
any other Act may be used to reorganize or to transfer the Civil

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1359

Works functions or authority of the Corps of Engineers or the
Secretary of the Army to another department or agency.
SEC. 107. Additional funding provided in this Act shall be
allocated only to projects determined to be eligible by the Chief
of Engineers.
SEC. 108. None of the funds made available by this Act may
be used to carry out any water supply reallocation study under
the Wolf Creek Dam, Lake Cumberland, Kentucky, project authorized under the Act of July 24, 1946 (60 Stat. 636, ch. 595).
SEC. 109. (a) When allocating the additional funding provided
in this title under the headings ‘‘Construction’’ and ‘‘Mississippi
River and Tributaries’’, the Secretary shall initiate a total of seven
new construction starts during fiscal year 2021.
(b) For new construction projects, project cost sharing agreements shall be executed as soon as practicable but no later than
December 31, 2021.
(c) No allocation for a new start shall be considered final
and no work allowance shall be made until the Secretary provides
to the Committees on Appropriations of both Houses of Congress
an out-year funding scenario demonstrating the affordability of
the selected new starts and the impacts on other projects.
(d) The Secretary shall not deviate from the new starts proposed
in the work plan, once the plan has been submitted to the Committees on Appropriations of both Houses of Congress.

Determination.

Kentucky.

Contracts.
Deadline.
Funding
scenario.

Work plan.

TITLE II
DEPARTMENT OF THE INTERIOR
CENTRAL UTAH PROJECT
CENTRAL UTAH PROJECT COMPLETION ACCOUNT

For carrying out activities authorized by the Central Utah
Project Completion Act, $21,000,000, to remain available until
expended, of which $1,800,000 shall be deposited into the Utah
Reclamation Mitigation and Conservation Account for use by the
Utah Reclamation Mitigation and Conservation Commission: Provided, That of the amount provided under this heading, $1,500,000
shall be available until September 30, 2022, for expenses necessary
in carrying out related responsibilities of the Secretary of the
Interior: Provided further, That for fiscal year 2021, of the amount
made available to the Commission under this Act or any other
Act, the Commission may use an amount not to exceed $1,500,000
for administrative expenses.
BUREAU

OF

RECLAMATION

The following appropriations shall be expended to execute
authorized functions of the Bureau of Reclamation:
WATER AND RELATED RESOURCES

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(INCLUDING TRANSFERS OF FUNDS)

For management, development, and restoration of water and
related natural resources and for related activities, including the
operation, maintenance, and rehabilitation of reclamation and other

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134 STAT. 1360

PUBLIC LAW 116–260—DEC. 27, 2020

facilities, participation in fulfilling related Federal responsibilities
to Native Americans, and related grants to, and cooperative and
other agreements with, State and local governments, federally recognized Indian Tribes, and others, $1,521,125,000, to remain available until expended, of which $58,476,000 shall be available for
transfer to the Upper Colorado River Basin Fund and $5,584,000
shall be available for transfer to the Lower Colorado River Basin
Development Fund; of which such amounts as may be necessary
may be advanced to the Colorado River Dam Fund: Provided, That
$25,882,000 shall be available for transfer into the Blackfeet Water
Settlement Implementation Fund established by section 3717 of
Public Law 114–322: Provided further, That such transfers may
be increased or decreased within the overall appropriation under
this heading: Provided further, That of the total appropriated, the
amount for program activities that can be financed by the Reclamation Fund or the Bureau of Reclamation special fee account established by 16 U.S.C. 6806 shall be derived from that Fund or account:
Provided further, That funds contributed under 43 U.S.C. 395 are
available until expended for the purposes for which the funds were
contributed: Provided further, That funds advanced under 43 U.S.C.
397a shall be credited to this account and are available until
expended for the same purposes as the sums appropriated under
this heading: Provided further, That of the amounts provided herein,
funds may be used for high-priority projects which shall be carried
out by the Youth Conservation Corps, as authorized by 16 U.S.C.
1706: Provided further, That within available funds, $250,000 shall
be for grants and financial assistance for educational activities:
Provided further, That in accordance with section 4007 of Public
Law 114–322, funding provided for such purpose in fiscal years
2017, 2018, 2019, and 2020 shall be made available for the construction, pre-construction, or study of the Friant-Kern Canal Capacity
Correction Resulting from Subsidence, the Boise River Basin—
Anderson Ranch Dam Raise, the North-of-the-Delta Off Stream
Storage (Sites Reservoir Project), the Los Vaqueros Reservoir Phase
2 Expansion Project, and the Cle Elum Pool Raise (Yakima), as
recommended by the Secretary in the letters dated June 22, 2020,
and December 3, 2020, inclusive; the Delta Mendota Canal Subsidence Correction, the Del Puerto Water District, the San Luis Low
Point Improvement Project, and the Sacramento Regional Water
Bank, as recommended by the Secretary in the letter dated June
22, 2020: Provided further, That in accordance with section 4009(c)
of Public Law 114–322, and as recommended by the Secretary
in a letter dated December 3, 2020, funding provided for such
purpose in fiscal years 2019 and 2020 shall be made available
to the El Paso Aquifer Storage and Recovery Using Reclaimed
Water Project, the Pure Water Monterey: A Groundwater Replenishment Project, the Pure Water Soquel: Groundwater Replenishment
and Seawater Intrusion Prevention Project, the Magna Water District Water Reclamation and Reuse Project, the Pure Water Oceanside: Mission Basin Groundwater Purification Facility Project, the
Groundwater Reliability Improvement Program Recycled Water
Project, and the Palmdale Regional Groundwater Recharge and
Recovery Project: Provided further, That in accordance with section
4009(a) of Public Law 114–322, and as recommended by the Secretary in a letter dated December 3, 2020, funding provided for
such purpose in fiscal years 2019 and 2020 shall be made available
to the Doheny Ocean Desalination Project, the North Pleasant

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1361

Valley Desalter Facility, and the Energy-Efficient Brackish Groundwater Desalination Project.
CENTRAL VALLEY PROJECT RESTORATION FUND

For carrying out the programs, projects, plans, habitat restoration, improvement, and acquisition provisions of the Central Valley
Project Improvement Act, $55,875,000, to be derived from such
sums as may be collected in the Central Valley Project Restoration
Fund pursuant to sections 3407(d), 3404(c)(3), and 3405(f) of Public
Law 102–575, to remain available until expended: Provided, That
the Bureau of Reclamation is directed to assess and collect the
full amount of the additional mitigation and restoration payments
authorized by section 3407(d) of Public Law 102–575: Provided
further, That none of the funds made available under this heading
may be used for the acquisition or leasing of water for in-stream
purposes if the water is already committed to in-stream purposes
by a court adopted decree or order.
CALIFORNIA BAY-DELTA RESTORATION
(INCLUDING TRANSFERS OF FUNDS)

For carrying out activities authorized by the Water Supply,
Reliability, and Environmental Improvement Act, consistent with
plans to be approved by the Secretary of the Interior, $33,000,000,
to remain available until expended, of which such amounts as
may be necessary to carry out such activities may be transferred
to appropriate accounts of other participating Federal agencies to
carry out authorized purposes: Provided, That funds appropriated
herein may be used for the Federal share of the costs of CALFED
Program management: Provided further, That CALFED
implementation shall be carried out in a balanced manner with
clear performance measures demonstrating concurrent progress in
achieving the goals and objectives of the Program.
POLICY AND ADMINISTRATION

For expenses necessary for policy, administration, and related
functions in the Office of the Commissioner, the Denver office,
and offices in the six regions of the Bureau of Reclamation, to
remain available until September 30, 2022, $60,000,000, to be
derived from the Reclamation Fund and be nonreimbursable as
provided in 43 U.S.C. 377: Provided, That no part of any other
appropriation in this Act shall be available for activities or functions
budgeted as policy and administration expenses.
ADMINISTRATIVE PROVISION

Appropriations for the Bureau of Reclamation shall be available
for purchase of not to exceed five passenger motor vehicles, which
are for replacement only.

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GENERAL PROVISIONS—DEPARTMENT OF THE INTERIOR
SEC. 201. (a) None of the funds provided in title II of this
Act for Water and Related Resources, or provided by previous
or subsequent appropriations Acts to the agencies or entities funded

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Advance
approvals.

PUBL260A

134 STAT. 1362

Definition.
Reports.

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Determination.
California.
Plan.

Reimbursement.

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PUBLIC LAW 116–260—DEC. 27, 2020

in title II of this Act for Water and Related Resources that remain
available for obligation or expenditure in fiscal year 2021, shall
be available for obligation or expenditure through a reprogramming
of funds that—
(1) initiates or creates a new program, project, or activity;
(2) eliminates a program, project, or activity;
(3) increases funds for any program, project, or activity
for which funds have been denied or restricted by this Act,
unless prior approval is received from the Committees on
Appropriations of both Houses of Congress;
(4) restarts or resumes any program, project or activity
for which funds are not provided in this Act, unless prior
approval is received from the Committees on Appropriations
of both Houses of Congress;
(5) transfers funds in excess of the following limits, unless
prior approval is received from the Committees on Appropriations of both Houses of Congress:
(A) 15 percent for any program, project or activity
for which $2,000,000 or more is available at the beginning
of the fiscal year; or
(B) $400,000 for any program, project or activity for
which less than $2,000,000 is available at the beginning
of the fiscal year;
(6) transfers more than $500,000 from either the Facilities
Operation, Maintenance, and Rehabilitation category or the
Resources Management and Development category to any program, project, or activity in the other category, unless prior
approval is received from the Committees on Appropriations
of both Houses of Congress; or
(7) transfers, where necessary to discharge legal obligations
of the Bureau of Reclamation, more than $5,000,000 to provide
adequate funds for settled contractor claims, increased contractor earnings due to accelerated rates of operations, and
real estate deficiency judgments, unless prior approval is
received from the Committees on Appropriations of both Houses
of Congress.
(b) Subsection (a)(5) shall not apply to any transfer of funds
within the Facilities Operation, Maintenance, and Rehabilitation
category.
(c) For purposes of this section, the term ‘‘transfer’’ means
any movement of funds into or out of a program, project, or activity.
(d) The Bureau of Reclamation shall submit reports on a quarterly basis to the Committees on Appropriations of both Houses
of Congress detailing all the funds reprogrammed between programs, projects, activities, or categories of funding. The first quarterly report shall be submitted not later than 60 days after the
date of enactment of this Act.
SEC. 202. (a) None of the funds appropriated or otherwise
made available by this Act may be used to determine the final
point of discharge for the interceptor drain for the San Luis Unit
until development by the Secretary of the Interior and the State
of California of a plan, which shall conform to the water quality
standards of the State of California as approved by the Administrator of the Environmental Protection Agency, to minimize any
detrimental effect of the San Luis drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Program
and the costs of the San Joaquin Valley Drainage Program shall

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1363

be classified by the Secretary of the Interior as reimbursable or
nonreimbursable and collected until fully repaid pursuant to the
‘‘Cleanup Program—Alternative Repayment Plan’’ and the
‘‘SJVDP—Alternative Repayment Plan’’ described in the report entitled ‘‘Repayment Report, Kesterson Reservoir Cleanup Program
and San Joaquin Valley Drainage Program, February 1995’’, prepared by the Department of the Interior, Bureau of Reclamation.
Any future obligations of funds by the United States relating to,
or providing for, drainage service or drainage studies for the San
Luis Unit shall be fully reimbursable by San Luis Unit beneficiaries
of such service or studies pursuant to Federal reclamation law.
SEC. 203. Section 9504(e) of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10364(e)) is amended by striking
‘‘ $530,000,000’’ and inserting ‘‘ $610,000,000’’.
SEC. 204. Title I of Public Law 108–361 (the CALFED BayDelta Authorization Act) (118 Stat. 1681), as amended by section
4007(k) of Public Law 114–322, is amended by striking ‘‘2020’’
each place it appears and inserting ‘‘2021’’.
SEC. 205. Section 9106(g)(2) of Public Law 111–11 (Omnibus
Public Land Management Act of 2009) is amended by striking
‘‘2020’’ and inserting ‘‘2021’’.
SEC. 206. Section 6002(g)(4) of the Omnibus Public Land
Management Act of 2009 (Public Law 111–11) is amended by
striking ‘‘2020’’ and inserting ‘‘2021’’.
SEC. 207. (a) Section 104(c) of the Reclamation States Emergency Drought Relief Act of 1991 (43 U.S.C. 2214(c)) is amended
by striking‘‘2020’’ and inserting ‘‘2021’’.
(b) Section 301 of the Reclamation States Emergency Drought
Relief Act of 1991 (43 U.S.C. 2241) is amended by striking ‘‘2020’’
and inserting ‘‘2021’’.
SEC. 208. None of the funds made available by this Act may
be used for pre-construction or construction activities for any project
recommended after enactment of the Energy and Water Development and Related Agencies Appropriations Act, 2020 and prior
to enactment of this Act by the Secretary of the Interior and
transmitted to the appropriate committees of Congress pursuant
to section 4007, section 4009(a), or section 4009(c) of the Water
Infrastructure Improvements for the Nation Act (Public Law 114–
322) if such project is not named in this Act.

123 Stat. 1309.

16 USC 1015a.

TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
ENERGY EFFICIENCY

AND

RENEWABLE ENERGY

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(INCLUDING RESCISSIONS OF FUNDS)

For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and
other expenses necessary for energy efficiency and renewable energy
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition
or condemnation of any real property or any facility or for plant
or facility acquisition, construction, or expansion, $2,864,000,293,
to remain available until expended: Provided, That of such amount,

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134 STAT. 1364

PUBLIC LAW 116–260—DEC. 27, 2020

$165,000,000 shall be available until September 30, 2022, for program direction: Provided further, That of the unobligated balances
available from amounts appropriated in Public Law 111–8 under
this heading, $806,831 is hereby rescinded: Provided further, That
of the unobligated balances available from amounts appropriated
in Public Law 111–85 under this heading, $1,433,462 is hereby
rescinded: Provided further, That no amounts may be rescinded
under the previous two provisos from amounts that were designated
by the Congress as an emergency requirement pursuant to the
Concurrent Resolution on the Budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
CYBERSECURITY, ENERGY SECURITY,

EMERGENCY RESPONSE

AND

For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and
other expenses necessary for energy sector cybersecurity, energy
security, and emergency response activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C.
7101 et seq.), including the acquisition or condemnation of any
real property or any facility or for plant or facility acquisition,
construction, or expansion, $156,000,000, to remain available until
expended: Provided, That of such amount, $12,000,000 shall be
available until September 30, 2022, for program direction.
ELECTRICITY
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and
other expenses necessary for electricity activities in carrying out
the purposes of the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition or condemnation
of any real property or any facility or for plant or facility acquisition,
construction, or expansion, $211,720,000, to remain available until
expended: Provided, That of such amount, $18,000,000 shall be
available until September 30, 2022, for program direction.
NUCLEAR ENERGY
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and
other expenses necessary for nuclear energy activities in carrying
out the purposes of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including the acquisition or condemnation
of any real property or any facility or for plant or facility acquisition,
construction, or expansion, $1,507,600,000, to remain available until
expended: Provided, That of such amount, $75,131,000 shall be
available until September 30, 2022, for program direction.

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FOSSIL ENERGY RESEARCH

AND

DEVELOPMENT

For Department of Energy expenses necessary in carrying out
fossil energy research and development activities, under the
authority of the Department of Energy Organization Act (42 U.S.C.
7101 et seq.), including the acquisition of interest, including defeasible and equitable interests in any real property or any facility
or for plant or facility acquisition or expansion, and for conducting
inquiries, technological investigations and research concerning the

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1365

extraction, processing, use, and disposal of mineral substances without objectionable social and environmental costs (30 U.S.C. 3, 1602,
and 1603), $750,000,000, to remain available until expended: Provided, That of such amount $61,500,000 shall be available until
September 30, 2022, for program direction.
NAVAL PETROLEUM

AND

OIL SHALE RESERVES

For Department of Energy expenses necessary to carry out
naval petroleum and oil shale reserve activities, $13,006,000, to
remain available until expended: Provided, That notwithstanding
any other provision of law, unobligated funds remaining from prior
years shall be available for all naval petroleum and oil shale reserve
activities.
STRATEGIC PETROLEUM RESERVE
For Department of Energy expenses necessary for Strategic
Petroleum Reserve facility development and operations and program
management activities pursuant to the Energy Policy and Conservation Act (42 U.S.C. 6201 et seq.), $188,000,000, to remain available
until expended.
SPR PETROLEUM ACCOUNT
For the acquisition, transportation, and injection of petroleum
products, and for other necessary expenses pursuant to the Energy
Policy and Conservation Act of 1975, as amended (42 U.S.C. 6201
et seq.), sections 403 and 404 of the Bipartisan Budget Act of
2015 (42 U.S.C. 6241, 6239 note), and section 5010 of the 21st
Century Cures Act (Public Law 114–255), $1,000,000, to remain
available until expended.
NORTHEAST HOME HEATING OIL RESERVE
For Department of Energy expenses necessary for Northeast
Home Heating Oil Reserve storage, operation, and management
activities pursuant to the Energy Policy and Conservation Act (42
U.S.C. 6201 et seq.), $6,500,000, to remain available until expended.
ENERGY INFORMATION ADMINISTRATION
For Department of Energy expenses necessary in carrying out
the activities of the Energy Information Administration,
$126,800,000, to remain available until expended.

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NON-DEFENSE ENVIRONMENTAL CLEANUP
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and
other expenses necessary for non-defense environmental cleanup
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition
or condemnation of any real property or any facility or for plant
or facility acquisition, construction, or expansion, $319,200,000, to
remain available until expended: Provided, That, in addition, fees
collected pursuant to subsection (b)(1) of section 6939f of title 42,
United States Code, and deposited under this heading in fiscal
year 2021 pursuant to section 309 of title III of division C of

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134 STAT. 1366

PUBLIC LAW 116–260—DEC. 27, 2020

Public Law 116–94 are appropriated, to remain available until
expended, for mercury storage costs.
URANIUM ENRICHMENT DECONTAMINATION
FUND

AND

DECOMMISSIONING

For Department of Energy expenses necessary in carrying out
uranium enrichment facility decontamination and decommissioning,
remedial actions, and other activities of title II of the Atomic Energy
Act of 1954, and title X, subtitle A, of the Energy Policy Act
of 1992, $841,000,000, to be derived from the Uranium Enrichment
Decontamination and Decommissioning Fund, to remain available
until expended, of which $5,000,000 shall be available in accordance
with title X, subtitle A, of the Energy Policy Act of 1992.
SCIENCE
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and
other expenses necessary for science activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C.
7101 et seq.), including the acquisition or condemnation of any
real property or any facility or for plant or facility acquisition,
construction, or expansion, and purchase of not more than 35 passenger motor vehicles for replacement only, $7,026,000,000, to
remain available until expended: Provided, That of such amount,
$192,000,000 shall be available until September 30, 2022, for program direction: Provided further, That of the amount provided
under this heading in this Act, $2,300,000,000 is designated 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.
NUCLEAR WASTE DISPOSAL
For Department of Energy expenses necessary for nuclear waste
disposal activities to carry out the purposes of the Nuclear Waste
Policy Act of 1982, Public Law 97–425, as amended, including
interim storage activities, $27,500,000, to remain available until
expended, of which $7,500,000 shall be derived from the Nuclear
Waste Fund.
ADVANCED RESEARCH PROJECTS AGENCY—ENERGY
For Department of Energy expenses necessary in carrying out
the activities authorized by section 5012 of the America COMPETES
Act (Public Law 110–69), $427,000,000, to remain available until
expended: Provided, That of such amount, $35,000,000 shall be
available until September 30, 2022, for program direction.
TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE PROGRAM

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(INCLUDING RESCISSION OF FUNDS)

Such sums as are derived from amounts received from borrowers pursuant to section 1702(b) of the Energy Policy Act of
2005 under this heading in prior Acts, shall be collected in accordance with section 502(7) of the Congressional Budget Act of 1974:

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1367

Provided, That for necessary administrative expenses of the Title
17 Innovative Technology Loan Guarantee Program, as authorized,
$32,000,000 is appropriated, to remain available until September
30, 2022: Provided further, That up to $32,000,000 of fees collected
in fiscal year 2021 pursuant to section 1702(h) of the Energy Policy
Act of 2005 shall be credited as offsetting collections under this
heading and used for necessary administrative expenses in this
appropriation and shall remain available until September 30, 2022:
Provided further, That to the extent that fees collected in fiscal
year 2021 exceed $32,000,000, those excess amounts shall be credited as offsetting collections under this heading and available in
future fiscal years only to the extent provided in advance in appropriations Acts: Provided further, That the sum herein appropriated
from the general fund shall be reduced (1) as such fees are received
during fiscal year 2021 (estimated at $3,000,000) and (2) to the
extent that any remaining general fund appropriations can be
derived from fees collected in previous fiscal years that are not
otherwise appropriated, so as to result in a final fiscal year 2021
appropriation from the general fund estimated at $0: Provided
further, That the Department of Energy shall not subordinate any
loan obligation to other financing in violation of section 1702 of
the Energy Policy Act of 2005 or subordinate any Guaranteed
Obligation to any loan or other debt obligations in violation of
section 609.10 of title 10, Code of Federal Regulations: Provided
further, That, of the unobligated balances available under the
heading ‘‘Department of Energy—Energy Programs—Title 17—
Innovative Technology Loan Guarantee Program’’ in the American
Recovery and Reinvestment Act of 2009 (Public Law 111–5) for
the cost of guaranteed loans authorized by section 1705 of the
Energy Policy Act of 2005, $392,000,000 are hereby rescinded: Provided further, That the amounts rescinded pursuant to the preceding proviso that were previously designated by the Congress
as an emergency requirement pursuant to section 204(a) of S.
Con. Res. 21 (110th Congress) and section 301(b)(2) of S. Con.
Res. 70 (110th Congress), the concurrent resolutions on the budget
for fiscal years 2008 and 2009, are designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
ADVANCED TECHNOLOGY VEHICLES MANUFACTURING LOAN
PROGRAM

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(INCLUDING RESCISSION OF FUNDS)

For Department of Energy administrative expenses necessary
in carrying out the Advanced Technology Vehicles Manufacturing
Loan Program, $5,000,000, to remain available until September
30, 2022: Provided, That, of the unobligated balances available
from amounts appropriated for the costs of direct loans in section
129 of division A of the Consolidated Security, Disaster Assistance,
and Continuing Appropriations Act, 2009 (Public Law 110–329),
$1,908,000,000 are hereby rescinded: Provided further, That the
amounts rescinded pursuant to the preceding proviso that were
previously designated by the Congress as an emergency requirement
pursuant to section 204(a) of S. Con. Res. 21 (110th Congress)
and section 301(b)(2) of S. Con. Res. 70 (110th Congress), the
concurrent resolutions on the budget for fiscal years 2008 and

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PUBLIC LAW 116–260—DEC. 27, 2020

2009, are designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
TRIBAL ENERGY LOAN GUARANTEE PROGRAM
For Department of Energy administrative expenses necessary
in carrying out the Tribal Energy Loan Guarantee Program,
$2,000,000, to remain available until September 30, 2022.
OFFICE

OF INDIAN

ENERGY POLICY

AND

PROGRAMS

For necessary expenses for Indian Energy activities in carrying
out the purposes of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), $22,000,000, to remain available until
expended: Provided, That, of the amount appropriated under this
heading, $5,000,000 shall be available until September 30, 2022,
for program direction.
DEPARTMENTAL ADMINISTRATION
For salaries and expenses of the Department of Energy necessary for departmental administration in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101
et seq.), $259,378,000, to remain available until September 30,
2022, including the hire of passenger motor vehicles and official
reception and representation expenses not to exceed $30,000, plus
such additional amounts as necessary to cover increases in the
estimated amount of cost of work for others notwithstanding the
provisions of the Anti-Deficiency Act (31 U.S.C. 1511 et seq.): Provided, That such increases in cost of work are offset by revenue
increases of the same or greater amount: Provided further, That
moneys received by the Department for miscellaneous revenues
estimated to total $93,378,000 in fiscal year 2021 may be retained
and used for operating expenses within this account, as authorized
by section 201 of Public Law 95–238, notwithstanding the provisions
of 31 U.S.C. 3302: Provided further, That the sum herein appropriated shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2021 appropriation
from the general fund estimated at not more than $166,000,000.
OFFICE

OF THE INSPECTOR

GENERAL

For expenses necessary for the Office of the Inspector General
in carrying out the provisions of the Inspector General Act of
1978, $57,739,000, to remain available until September 30, 2022.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION

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WEAPONS ACTIVITIES
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and
other incidental expenses necessary for atomic energy defense
weapons activities in carrying out the purposes of the Department
of Energy Organization Act (42 U.S.C. 7101 et seq.), including

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the acquisition or condemnation of any real property or any facility
or for plant or facility acquisition, construction, or expansion, and
the purchase of not to exceed one aircraft, one ambulance, and
two passenger buses, for replacement only, $15,345,000,000, to
remain available until expended: Provided, That of such amount,
$75,000,000 shall be available for the Uranium Reserve Program:
Provided further, That of such amount, $123,684,000 shall be available until September 30, 2022, for program direction.
DEFENSE NUCLEAR NONPROLIFERATION
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and
other incidental expenses necessary for defense nuclear nonproliferation activities, in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including
the acquisition or condemnation of any real property or any facility
or for plant or facility acquisition, construction, or expansion,
$2,260,000,000, to remain available until expended.
NAVAL REACTORS
(INCLUDING TRANSFER OF FUNDS)

For Department of Energy expenses necessary for naval reactors activities to carry out the Department of Energy Organization
Act (42 U.S.C. 7101 et seq.), including the acquisition (by purchase,
condemnation, construction, or otherwise) of real property, plant,
and capital equipment, facilities, and facility expansion,
$1,684,000,000, to remain available until expended, of which,
$91,000,000 shall be transferred to ‘‘Department of Energy—Energy
Programs—Nuclear Energy’’, for the Advanced Test Reactor: Provided, That of such amount, $51,700,000 shall be available until
September 30, 2022, for program direction.
FEDERAL SALARIES

AND

EXPENSES

For expenses necessary for Federal Salaries and Expenses in
the National Nuclear Security Administration, $443,200,000, to
remain available until September 30, 2022, including official reception and representation expenses not to exceed $17,000.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

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DEFENSE ENVIRONMENTAL CLEANUP
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and
other expenses necessary for atomic energy defense environmental
cleanup activities in carrying out the purposes of the Department
of Energy Organization Act (42 U.S.C. 7101 et seq.), including
the acquisition or condemnation of any real property or any facility
or for plant or facility acquisition, construction, or expansion, and
the purchase of not to exceed 1 passenger minivan for replacement
only, $6,426,000,000, to remain available until expended: Provided,
That of such amount, $289,000,000 shall be available until September 30, 2022, for program direction.

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134 STAT. 1370

PUBLIC LAW 116–260—DEC. 27, 2020
OTHER DEFENSE ACTIVITIES

For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and
other expenses, necessary for atomic energy defense, other defense
activities, and classified activities, in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101
et seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility acquisition, construction, or expansion, $920,000,000, to remain available until
expended: Provided, That of such amount, $334,948,000 shall be
available until September 30, 2022, for program direction.
POWER MARKETING ADMINISTRATIONS
BONNEVILLE POWER ADMINISTRATION FUND
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93–454, are approved for official
reception and representation expenses in an amount not to exceed
$5,000: Provided, That during fiscal year 2021, no new direct loan
obligations may be made.
OPERATION

AND

MAINTENANCE, SOUTHEASTERN POWER
ADMINISTRATION

For expenses necessary for operation and maintenance of power
transmission facilities and for marketing electric power and energy,
including transmission wheeling and ancillary services, pursuant
to section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s),
as applied to the southeastern power area, $7,246,000, including
official reception and representation expenses in an amount not
to exceed $1,500, to remain available until expended: Provided,
That notwithstanding 31 U.S.C. 3302 and section 5 of the Flood
Control Act of 1944, up to $7,246,000 collected by the Southeastern
Power Administration from the sale of power and related services
shall be credited to this account as discretionary offsetting collections, to remain available until expended for the sole purpose of
funding the annual expenses of the Southeastern Power Administration: Provided further, That the sum herein appropriated for annual
expenses shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2021 appropriation
estimated at not more than $0: Provided further, That notwithstanding 31 U.S.C. 3302, up to $52,000,000 collected by the Southeastern Power Administration pursuant to the Flood Control Act
of 1944 to recover purchase power and wheeling expenses shall
be credited to this account as offsetting collections, to remain available until expended for the sole purpose of making purchase power
and wheeling expenditures: Provided further, That for purposes
of this appropriation, annual expenses means expenditures that
are generally recovered in the same year that they are incurred
(excluding purchase power and wheeling expenses).

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OPERATION

AND

MAINTENANCE, SOUTHWESTERN POWER
ADMINISTRATION

For expenses necessary for operation and maintenance of power
transmission facilities and for marketing electric power and energy,

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1371

for construction and acquisition of transmission lines, substations
and appurtenant facilities, and for administrative expenses,
including official reception and representation expenses in an
amount not to exceed $1,500 in carrying out section 5 of the Flood
Control Act of 1944 (16 U.S.C. 825s), as applied to the Southwestern
Power Administration, $47,540,000, to remain available until
expended: Provided, That notwithstanding 31 U.S.C. 3302 and section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), up to
$37,140,000 collected by the Southwestern Power Administration
from the sale of power and related services shall be credited to
this account as discretionary offsetting collections, to remain available until expended, for the sole purpose of funding the annual
expenses of the Southwestern Power Administration: Provided further, That the sum herein appropriated for annual expenses shall
be reduced as collections are received during the fiscal year so
as to result in a final fiscal year 2021 appropriation estimated
at not more than $10,400,000: Provided further, That notwithstanding 31 U.S.C. 3302, up to $34,000,000 collected by the Southwestern Power Administration pursuant to the Flood Control Act
of 1944 to recover purchase power and wheeling expenses shall
be credited to this account as offsetting collections, to remain available until expended for the sole purpose of making purchase power
and wheeling expenditures: Provided further, That for purposes
of this appropriation, annual expenses means expenditures that
are generally recovered in the same year that they are incurred
(excluding purchase power and wheeling expenses).

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CONSTRUCTION, REHABILITATION, OPERATION AND MAINTENANCE,
WESTERN AREA POWER ADMINISTRATION
For carrying out the functions authorized by title III, section
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and
other related activities including conservation and renewable
resources programs as authorized, $259,126,000, including official
reception and representation expenses in an amount not to exceed
$1,500, to remain available until expended, of which $259,126,000
shall be derived from the Department of the Interior Reclamation
Fund: Provided, That notwithstanding 31 U.S.C. 3302, section 5
of the Flood Control Act of 1944 (16 U.S.C. 825s), and section
1 of the Interior Department Appropriation Act, 1939 (43 U.S.C.
392a), up to $169,754,000 collected by the Western Area Power
Administration from the sale of power and related services shall
be credited to this account as discretionary offsetting collections,
to remain available until expended, for the sole purpose of funding
the annual expenses of the Western Area Power Administration:
Provided further, That the sum herein appropriated for annual
expenses shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2021 appropriation
estimated at not more than $89,372,000, of which $89,372,000 is
derived from the Reclamation Fund: Provided further, That notwithstanding 31 U.S.C. 3302, up to $192,000,000 collected by the
Western Area Power Administration pursuant to the Flood Control
Act of 1944 and the Reclamation Project Act of 1939 to recover
purchase power and wheeling expenses shall be credited to this
account as offsetting collections, to remain available until expended
for the sole purpose of making purchase power and wheeling

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134 STAT. 1372

PUBLIC LAW 116–260—DEC. 27, 2020

expenditures: Provided further, That for purposes of this appropriation, annual expenses means expenditures that are generally recovered in the same year that they are incurred (excluding purchase
power and wheeling expenses).
FALCON

AND

AMISTAD OPERATING

AND

MAINTENANCE FUND

For operation, maintenance, and emergency costs for the hydroelectric facilities at the Falcon and Amistad Dams, $5,776,000,
to remain available until expended, and to be derived from the
Falcon and Amistad Operating and Maintenance Fund of the
Western Area Power Administration, as provided in section 2 of
the Act of June 18, 1954 (68 Stat. 255): Provided, That notwithstanding the provisions of that Act and of 31 U.S.C. 3302, up
to $5,548,000 collected by the Western Area Power Administration
from the sale of power and related services from the Falcon and
Amistad Dams shall be credited to this account as discretionary
offsetting collections, to remain available until expended for the
sole purpose of funding the annual expenses of the hydroelectric
facilities of these Dams and associated Western Area Power
Administration activities: Provided further, That the sum herein
appropriated for annual expenses shall be reduced as collections
are received during the fiscal year so as to result in a final fiscal
year 2021 appropriation estimated at not more than $228,000:
Provided further, That for purposes of this appropriation, annual
expenses means expenditures that are generally recovered in the
same year that they are incurred: Provided further, That for fiscal
year 2021, the Administrator of the Western Area Power Administration may accept up to $1,526,000 in funds contributed by United
States power customers of the Falcon and Amistad Dams for deposit
into the Falcon and Amistad Operating and Maintenance Fund,
and such funds shall be available for the purpose for which contributed in like manner as if said sums had been specifically appropriated for such purpose: Provided further, That any such funds
shall be available without further appropriation and without fiscal
year limitation for use by the Commissioner of the United States
Section of the International Boundary and Water Commission for
the sole purpose of operating, maintaining, repairing, rehabilitating,
replacing, or upgrading the hydroelectric facilities at these Dams
in accordance with agreements reached between the Administrator,
Commissioner, and the power customers.
FEDERAL ENERGY REGULATORY COMMISSION
SALARIES AND EXPENSES

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42 USC 7171
note.

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For expenses necessary for the Federal Energy Regulatory
Commission to carry out the provisions of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including services as
authorized by 5 U.S.C. 3109, official reception and representation
expenses not to exceed $3,000, and the hire of passenger motor
vehicles, $404,350,000, to remain available until expended: Provided, That notwithstanding any other provision of law, not to
exceed $404,350,000 of revenues from fees and annual charges,
and other services and collections in fiscal year 2021 shall be
retained and used for expenses necessary in this account, and
shall remain available until expended: Provided further, That the
sum herein appropriated from the general fund shall be reduced

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134 STAT. 1373

as revenues are received during fiscal year 2021 so as to result
in a final fiscal year 2021 appropriation from the general fund
estimated at not more than $0.
GENERAL PROVISIONS—DEPARTMENT OF ENERGY

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(INCLUDING TRANSFER OF FUNDS)

SEC. 301. (a) No appropriation, funds, or authority made available by this title for the Department of Energy shall be used
to initiate or resume any program, project, or activity or to prepare
or initiate Requests For Proposals or similar arrangements
(including Requests for Quotations, Requests for Information, and
Funding Opportunity Announcements) for a program, project, or
activity if the program, project, or activity has not been funded
by Congress.
(b)(1) Unless the Secretary of Energy notifies the Committees
on Appropriations of both Houses of Congress at least 3 full business
days in advance, none of the funds made available in this title
may be used to—
(A) make a grant allocation or discretionary grant award
totaling $1,000,000 or more;
(B) make a discretionary contract award or Other Transaction Agreement totaling $1,000,000 or more, including a contract covered by the Federal Acquisition Regulation;
(C) issue a letter of intent to make an allocation, award,
or Agreement in excess of the limits in subparagraph (A) or
(B); or
(D) announce publicly the intention to make an allocation,
award, or Agreement in excess of the limits in subparagraph
(A) or (B).
(2) The Secretary of Energy shall submit to the Committees
on Appropriations of both Houses of Congress within 15 days of
the conclusion of each quarter a report detailing each grant allocation or discretionary grant award totaling less than $1,000,000
provided during the previous quarter.
(3) The notification required by paragraph (1) and the report
required by paragraph (2) shall include the recipient of the award,
the amount of the award, the fiscal year for which the funds
for the award were appropriated, the account and program, project,
or activity from which the funds are being drawn, the title of
the award, and a brief description of the activity for which the
award is made.
(c) The Department of Energy may not, with respect to any
program, project, or activity that uses budget authority made available in this title under the heading ‘‘Department of Energy—Energy
Programs’’, enter into a multiyear contract, award a multiyear
grant, or enter into a multiyear cooperative agreement unless—
(1) the contract, grant, or cooperative agreement is funded
for the full period of performance as anticipated at the time
of award; or
(2) the contract, grant, or cooperative agreement includes
a clause conditioning the Federal Government’s obligation on
the availability of future year budget authority and the Secretary notifies the Committees on Appropriations of both
Houses of Congress at least 3 days in advance.

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Notifications.
Deadline.

Grants.
Contracts.

Reports.

Contracts.
Grants.

Notification.
Time period.

PUBL260A

134 STAT. 1374

Notification.
Advance
approval.
Time period.

Waiver authority.

Notification.
Deadline.

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Oversight.
Compliance.

Cost estimate.

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PUBLIC LAW 116–260—DEC. 27, 2020

(d) Except as provided in subsections (e), (f), and (g), the
amounts made available by this title shall be expended as authorized by law for the programs, projects, and activities specified
in the ‘‘Final Bill’’ column in the ‘‘Department of Energy’’ table
included under the heading ‘‘Title III—Department of Energy’’ in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
(e) The amounts made available by this title may be
reprogrammed for any program, project, or activity, and the Department shall notify, and obtain the prior approval of, the Committees
on Appropriations of both Houses of Congress at least 30 days
prior to the use of any proposed reprogramming that would cause
any program, project, or activity funding level to increase or
decrease by more than $5,000,000 or 10 percent, whichever is
less, during the time period covered by this Act.
(f) None of the funds provided in this title shall be available
for obligation or expenditure through a reprogramming of funds
that—
(1) creates, initiates, or eliminates a program, project, or
activity;
(2) increases funds or personnel for any program, project,
or activity for which funds are denied or restricted by this
Act; or
(3) reduces funds that are directed to be used for a specific
program, project, or activity by this Act.
(g)(1) The Secretary of Energy may waive any requirement
or restriction in this section that applies to the use of funds made
available for the Department of Energy if compliance with such
requirement or restriction would pose a substantial risk to human
health, the environment, welfare, or national security.
(2) The Secretary of Energy shall notify the Committees on
Appropriations of both Houses of Congress of any waiver under
paragraph (1) as soon as practicable, but not later than 3 days
after the date of the activity to which a requirement or restriction
would otherwise have applied. Such notice shall include an explanation of the substantial risk under paragraph (1) that permitted
such waiver.
(h) The unexpended balances of prior appropriations provided
for activities in this Act may be available to the same appropriation
accounts for such activities established pursuant to this title. Available balances may be merged with funds in the applicable established accounts and thereafter may be accounted for as one fund
for the same time period as originally enacted.
SEC. 302. Funds appropriated by this or any other Act, or
made available by the transfer of funds in this Act, for intelligence
activities are deemed to be specifically authorized by the Congress
for purposes of section 504 of the National Security Act of 1947
(50 U.S.C. 3094) during fiscal year 2021 until the enactment of
the Intelligence Authorization Act for fiscal year 2021.
SEC. 303. None of the funds made available in this title shall
be used for the construction of facilities classified as high-hazard
nuclear facilities under 10 CFR Part 830 unless independent oversight is conducted by the Office of Enterprise Assessments to ensure
the project is in compliance with nuclear safety requirements.
SEC. 304. None of the funds made available in this title may
be used to approve critical decision-2 or critical decision-3 under

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134 STAT. 1375

Department of Energy Order 413.3B, or any successive departmental guidance, for construction projects where the total project
cost exceeds $100,000,000, until a separate independent cost estimate has been developed for the project for that critical decision.
SEC. 305. Notwithstanding section 161 of the Energy Policy
and Conservation Act (42 U.S.C. 6241), upon a determination by
the President in this fiscal year that a regional supply shortage
of refined petroleum product of significant scope and duration exists,
that a severe increase in the price of refined petroleum product
will likely result from such shortage, and that a draw down and
sale of refined petroleum product would assist directly and significantly in reducing the adverse impact of such shortage, the Secretary of Energy may draw down and sell refined petroleum product
from the Strategic Petroleum Reserve. Proceeds from a sale under
this section shall be deposited into the SPR Petroleum Account
established in section 167 of the Energy Policy and Conservation
Act (42 U.S.C. 6247), and such amounts shall be available for
obligation, without fiscal year limitation, consistent with that section.
SEC. 306. (a) Of the offsetting collections, including unobligated
balances of such collections, in the ‘‘Department of Energy—Power
Marketing Administration—Colorado River Basins Power Marketing Fund, Western Area Power Administration’’, $21,400,000
shall be transferred to the ‘‘Department of the Interior—Bureau
of Reclamation—Upper Colorado River Basin Fund’’ for the Bureau
of Reclamation to carry out environmental stewardship and endangered species recovery efforts.
(b) No funds shall be transferred directly from ‘‘Department
of Energy—Power Marketing Administration—Colorado River
Basins Power Marketing Fund, Western Area Power Administration’’ to the general fund of the Treasury in the current fiscal
year.

Determination.
President.

TITLE IV
INDEPENDENT AGENCIES
APPALACHIAN REGIONAL COMMISSION
For expenses necessary to carry out the programs authorized
by the Appalachian Regional Development Act of 1965, and for
expenses necessary for the Federal Co-Chairman and the Alternate
on the Appalachian Regional Commission, for payment of the Federal share of the administrative expenses of the Commission,
including services as authorized by 5 U.S.C. 3109, and hire of
passenger motor vehicles, $180,000,000, to remain available until
expended.
DEFENSE NUCLEAR FACILITIES SAFETY BOARD

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SALARIES AND EXPENSES

For expenses necessary for the Defense Nuclear Facilities
Safety Board in carrying out activities authorized by the Atomic
Energy Act of 1954, as amended by Public Law 100–456, section
1441, $31,000,000, to remain available until September 30, 2022.

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134 STAT. 1376

PUBLIC LAW 116–260—DEC. 27, 2020
DELTA REGIONAL AUTHORITY
SALARIES AND EXPENSES

For expenses necessary for the Delta Regional Authority and
to carry out its activities, as authorized by the Delta Regional
Authority Act of 2000, notwithstanding sections 382F(d), 382M,
and 382N of said Act, $30,000,000, to remain available until
expended.
DENALI COMMISSION
For expenses necessary for the Denali Commission including
the purchase, construction, and acquisition of plant and capital
equipment as necessary and other expenses, $15,000,000, to remain
available until expended, notwithstanding the limitations contained
in section 306(g) of the Denali Commission Act of 1998: Provided,
That funds shall be available for construction projects in an amount
not to exceed 80 percent of total project cost for distressed communities, as defined by section 307 of the Denali Commission Act
of 1998 (division C, title III, Public Law 105–277), as amended
by section 701 of appendix D, title VII, Public Law 106–113 (113
Stat. 1501A–280), and an amount not to exceed 50 percent for
non-distressed communities: Provided further, That notwithstanding any other provision of law regarding payment of a nonFederal share in connection with a grant-in-aid program, amounts
under this heading shall be available for the payment of such
a non-Federal share for programs undertaken to carry out the
purposes of the Commission.
NORTHERN BORDER REGIONAL COMMISSION
For expenses necessary for the Northern Border Regional
Commission in carrying out activities authorized by subtitle V
of title 40, United States Code, $30,000,000, to remain available
until expended: Provided, That such amounts shall be available
for administrative expenses, notwithstanding section 15751(b) of
title 40, United States Code.
SOUTHEAST CRESCENT REGIONAL COMMISSION
For expenses necessary for the Southeast Crescent Regional
Commission in carrying out activities authorized by subtitle V
of title 40, United States Code, $1,000,000, to remain available
until expended.
SOUTHWEST BORDER REGIONAL COMMISSION
For expenses necessary for the Southwest Border Regional
Commission in carrying out activities authorized by subtitle V
of title 40, United States Code, $250,000, to remain available until
expended.
NUCLEAR REGULATORY COMMISSION

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SALARIES AND EXPENSES

For expenses necessary for the Commission in carrying out
the purposes of the Energy Reorganization Act of 1974 and the

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1377

Atomic Energy Act of 1954, $830,900,000, including official representation expenses not to exceed $25,000, to remain available
until expended: Provided, That of the amount appropriated herein,
not more than $9,500,000 may be made available for salaries,
travel, and other support costs for the Office of the Commission,
to remain available until September 30, 2022: Provided further,
That revenues from licensing fees, inspection services, and other
services and collections estimated at $710,293,000 in fiscal year
2021 shall be retained and used for necessary salaries and expenses
in this account, notwithstanding 31 U.S.C. 3302, and shall remain
available until expended: Provided further, That the sum herein
appropriated shall be reduced by the amount of revenues received
during fiscal year 2021 so as to result in a final fiscal year 2021
appropriation estimated at not more than $120,607,000.
OFFICE OF INSPECTOR GENERAL

For expenses necessary for the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, $13,499,000, to remain available until September 30, 2022:
Provided, That revenues from licensing fees, inspection services,
and other services and collections estimated at $11,106,000 in fiscal
year 2021 shall be retained and be available until September 30,
2022, for necessary salaries and expenses in this account, notwithstanding section 3302 of title 31, United States Code: Provided
further, That the sum herein appropriated shall be reduced by
the amount of revenues received during fiscal year 2021 so as
to result in a final fiscal year 2021 appropriation estimated at
not more than $2,393,000: Provided further, That of the amounts
appropriated under this heading, $1,206,000 shall be for Inspector
General services for the Defense Nuclear Facilities Safety Board.
NUCLEAR WASTE TECHNICAL REVIEW BOARD
SALARIES AND EXPENSES

For expenses necessary for the Nuclear Waste Technical Review
Board, as authorized by Public Law 100–203, section 5051,
$3,600,000, to be derived from the Nuclear Waste Fund, to remain
available until September 30, 2022.

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GENERAL PROVISIONS—INDEPENDENT AGENCIES
SEC. 401. The Nuclear Regulatory Commission shall comply
with the July 5, 2011, version of Chapter VI of its Internal Commission Procedures when responding to Congressional requests for
information, consistent with Department of Justice guidance for
all Federal agencies.
SEC. 402. (a) The amounts made available by this title for
the Nuclear Regulatory Commission may be reprogrammed for any
program, project, or activity, and the Commission shall notify the
Committees on Appropriations of both Houses of Congress at least
30 days prior to the use of any proposed reprogramming that
would cause any program funding level to increase or decrease
by more than $500,000 or 10 percent, whichever is less, during
the time period covered by this Act.
(b)(1) The Nuclear Regulatory Commission may waive the
notification requirement in subsection (a) if compliance with such

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Compliance.

Notification.
Time period.

Waiver authority.

PUBL260A

134 STAT. 1378

Notification.
Deadline.

Reports.

Reports.

PUBLIC LAW 116–260—DEC. 27, 2020

requirement would pose a substantial risk to human health, the
environment, welfare, or national security.
(2) The Nuclear Regulatory Commission shall notify the
Committees on Appropriations of both Houses of Congress of any
waiver under paragraph (1) as soon as practicable, but not later
than 3 days after the date of the activity to which a requirement
or restriction would otherwise have applied. Such notice shall
include an explanation of the substantial risk under paragraph
(1) that permitted such waiver and shall provide a detailed report
to the Committees of such waiver and changes to funding levels
to programs, projects, or activities.
(c) Except as provided in subsections (a), (b), and (d), the
amounts made available by this title for ‘‘Nuclear Regulatory
Commission—Salaries and Expenses’’ shall be expended as directed
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
(d) None of the funds provided for the Nuclear Regulatory
Commission shall be available for obligation or expenditure through
a reprogramming of funds that increases funds or personnel for
any program, project, or activity for which funds are denied or
restricted by this Act.
(e) The Commission shall provide a monthly report to the
Committees on Appropriations of both Houses of Congress, which
includes the following for each program, project, or activity,
including any prior year appropriations—
(1) total budget authority;
(2) total unobligated balances; and
(3) total unliquidated obligations.
TITLE V
GENERAL PROVISIONS
(INCLUDING TRANSFER OF FUNDS)

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Lobbying.

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SEC. 501. 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.
SEC. 502. (a) None of the funds made available in title III
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 for any fiscal year, transfer
authority referenced in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated
Act), or any authority whereby a department, agency, or instrumentality of the United States Government may provide goods or services to another department, agency, or instrumentality.
(b) None of the funds made available for any department,
agency, or instrumentality of the United States Government may
be transferred to accounts funded in title III of this Act, except
pursuant to a transfer made by or transfer authority provided
in this Act or any other appropriations Act for any fiscal year,
transfer authority referenced in the explanatory statement
described in section 4 (in the matter preceding division A of this

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1379

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consolidated Act), or any authority whereby a department, agency,
or instrumentality of the United States Government may provide
goods or services to another department, agency, or instrumentality.
(c) The head of any relevant department or agency funded
in this Act utilizing any transfer authority shall submit to the
Committees on Appropriations of both Houses of Congress a semiannual report detailing the transfer authorities, except for any
authority whereby a department, agency, or instrumentality of the
United States Government may provide goods or services to another
department, agency, or instrumentality, used in the previous 6
months and in the year-to-date. This report shall include the
amounts transferred and the purposes for which they were transferred, and shall not replace or modify existing notification requirements for each authority.
SEC. 503. None of the funds made available by this Act may
be used in contravention of Executive Order No. 12898 of February
11, 1994 (Federal Actions to Address Environmental Justice in
Minority Populations and Low-Income Populations).
SEC. 504. (a) 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.
(b) 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.
SEC. 505. (a) Requirements relating to non-Federal cost-share
grants and cooperative agreements for the Delta Regional Authority
under section 382D of the Agricultural Act of 1961 and Consolidated
Farm and Rural Development Act (7 U.S.C. 2009aa–3) are waived
for grants awarded in fiscal year 2020 and in subsequent years
in response to economic distress directly related to the impacts
of the Coronavirus Disease (COVID–19).
(b) Requirements relating to non-Federal cost-share grants and
cooperative agreements for the Northern Border Regional Commission under section 15501(d) of title 40, United States Code, are
waived for grants awarded in fiscal year 2020 and in subsequent
years in response to economic distress directly related to the impacts
of the Coronavirus Disease (COVID–19).
(c) Requirements relating to non-Federal cost-share grants and
cooperative agreements for the Denali Commission are waived for
grants awarded in fiscal year 2020 and in subsequent years in
response to economic distress directly related to the impacts of
the Coronavirus Disease (COVID–19).
SEC. 506. Of the unavailable collections currently in the United
States Enrichment Corporation Fund, $291,000,000 shall be transferred to and merged with the Uranium Enrichment Decontamination and Decommissioning Fund and shall be available only to
the extent provided in advance in appropriations Acts.
This division may be cited as the ‘‘Energy and Water Development and Related Agencies Appropriations Act, 2021’’.

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Reports.
Time periods.

Pornography.

Waivers.
7 USC 2009aa–3
note.

40 USC 15501
note.

42 USC 3121
note.

PUBL260A

134 STAT. 1380

PUBLIC LAW 116–260—DEC. 27, 2020
DIVISION E—FINANCIAL SERVICES AND GENERAL
GOVERNMENT APPROPRIATIONS ACT, 2021

Financial
Services and
General
Government
Appropriations
Act, 2021.
Department of
the Treasury
Appropriations
Act, 2021.

TITLE I
DEPARTMENT OF THE TREASURY
DEPARTMENTAL OFFICES
SALARIES AND EXPENSES

For necessary expenses of the Departmental Offices including
operation and maintenance of the Treasury Building and Freedman’s Bank Building; hire of passenger motor vehicles; maintenance, repairs, and improvements of, and purchase of commercial
insurance policies for, real properties leased or owned overseas,
when necessary for the performance of official business; executive
direction program activities; international affairs and economic
policy activities; domestic finance and tax policy activities, including
technical assistance to State, local, and territorial entities; and
Treasury-wide management policies and programs activities,
$233,000,000: Provided, That of the amount appropriated under
this heading—
(1) not to exceed $350,000 is for official reception and
representation expenses;
(2) not to exceed $258,000 is for unforeseen emergencies
of a confidential nature to be allocated and expended under
the direction of the Secretary of the Treasury and to be
accounted for solely on the Secretary’s certificate; and
(3) not to exceed $24,000,000 shall remain available until
September 30, 2022, for—
(A) the Treasury-wide Financial Statement Audit and
Internal Control Program;
(B) information technology modernization requirements;
(C) the audit, oversight, and administration of the
Gulf Coast Restoration Trust Fund;
(D) the development and implementation of programs
within the Office of Cybersecurity and Critical Infrastructure Protection, including entering into cooperative agreements;
(E) operations and maintenance of facilities; and
(F) international operations.
COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED STATES FUND
(INCLUDING TRANSFER OF FUNDS)

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Notification.

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For necessary expenses of the Committee on Foreign Investment in the United States, $20,000,000, to remain available until
expended: Provided, That the chairperson of the Committee may
transfer such amounts to any department or agency represented
on the Committee (including the Department of the Treasury) subject to advance notification to the Committees on Appropriations
of the House of Representatives and the Senate: Provided further,
That amounts so transferred shall remain available until expended
for expenses of implementing section 721 of the Defense Production
Act of 1950, as amended (50 U.S.C. 4565), and shall be available

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1381

in addition to any other funds available to any department or
agency: Provided further, That fees authorized by section 721(p)
of such Act shall be credited to this appropriation as offsetting
collections: Provided further, That the total amount appropriated
under this heading from the general fund shall be reduced as
such offsetting collections are received during fiscal year 2021,
so as to result in a total appropriation from the general fund
estimated at not more than $15,000,000.
OFFICE OF TERRORISM AND FINANCIAL INTELLIGENCE
SALARIES AND EXPENSES

For the necessary expenses of the Office of Terrorism and
Financial Intelligence to safeguard the financial system against
illicit use and to combat rogue nations, terrorist facilitators,
weapons of mass destruction proliferators, human rights abusers,
money launderers, drug kingpins, and other national security
threats, $175,000,000, of which not less than $3,000,000 shall be
available for addressing human rights violations and corruption,
including activities authorized by the Global Magnitsky Human
Rights Accountability Act (22 U.S.C. 2656 note): Provided, That
of the amounts appropriated under this heading, up to $10,000,000
shall remain available until September 30, 2022.
CYBERSECURITY ENHANCEMENT ACCOUNT

For salaries and expenses for enhanced cybersecurity for systems operated by the Department of the Treasury, $18,000,000,
to remain available until September 30, 2023: Provided, That such
funds shall supplement and not supplant any other amounts made
available to the Treasury offices and bureaus for cybersecurity:
Provided further, That of the total amount made available under
this heading $1,000,000 shall be available for administrative
expenses for the Treasury Chief Information Officer to provide
oversight of the investments made under this heading: Provided
further, That such funds shall supplement and not supplant any
other amounts made available to the Treasury Chief Information
Officer.
DEPARTMENT-WIDE SYSTEMS AND CAPITAL INVESTMENTS PROGRAMS

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(INCLUDING TRANSFER OF FUNDS)

For development and acquisition of automatic data processing
equipment, software, and services and for repairs and renovations
to buildings owned by the Department of the Treasury, $6,118,000,
to remain available until September 30, 2023: Provided, That these
funds shall be transferred to accounts and in amounts as necessary
to satisfy the requirements of the Department’s offices, bureaus,
and other organizations: Provided further, That this transfer
authority shall be in addition to any other transfer authority provided in this Act: Provided further, That none of the funds appropriated under this heading shall be used to support or supplement
‘‘Internal Revenue Service, Operations Support’’ or ‘‘Internal Revenue Service, Business Systems Modernization’’.

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134 STAT. 1382

PUBLIC LAW 116–260—DEC. 27, 2020
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES

For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$41,044,000, including hire of passenger motor vehicles; of which
not to exceed $100,000 shall be available for unforeseen emergencies
of a confidential nature, to be allocated and expended under the
direction of the Inspector General of the Treasury; of which up
to $2,800,000 to remain available until September 30, 2022, shall
be for audits and investigations conducted pursuant to section 1608
of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012
(33 U.S.C. 1321 note); and of which not to exceed $1,000 shall
be available for official reception and representation expenses.
TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION
SALARIES AND EXPENSES

For necessary expenses of the Treasury Inspector General for
Tax Administration in carrying out the Inspector General Act of
1978, as amended, including purchase and hire of passenger motor
vehicles (31 U.S.C. 1343(b)); and services authorized by 5 U.S.C.
3109, at such rates as may be determined by the Inspector General
for Tax Administration; $170,250,000, of which $5,000,000 shall
remain available until September 30, 2022; of which not to exceed
$6,000,000 shall be available for official travel expenses; of which
not to exceed $500,000 shall be available for unforeseen emergencies
of a confidential nature, to be allocated and expended under the
direction of the Inspector General for Tax Administration; and
of which not to exceed $1,500 shall be available for official reception
and representation expenses.
SPECIAL INSPECTOR GENERAL FOR THE TROUBLED ASSET RELIEF
PROGRAM
SALARIES AND EXPENSES

For necessary expenses of the Office of the Special Inspector
General in carrying out the provisions of the Emergency Economic
Stabilization Act of 2008 (Public Law 110–343), $19,000,000.
FINANCIAL CRIMES ENFORCEMENT NETWORK

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SALARIES AND EXPENSES

For necessary expenses of the Financial Crimes Enforcement
Network, including hire of passenger motor vehicles; travel and
training expenses of non-Federal and foreign government personnel
to attend meetings and training concerned with domestic and foreign financial intelligence activities, law enforcement, and financial
regulation; services authorized by 5 U.S.C. 3109; not to exceed
$12,000 for official reception and representation expenses; and for
assistance to Federal law enforcement agencies, with or without
reimbursement, $126,963,000, of which not to exceed $34,335,000
shall remain available until September 30, 2023.

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PUBLIC LAW 116–260—DEC. 27, 2020
BUREAU

OF THE

134 STAT. 1383

FISCAL SERVICE

SALARIES AND EXPENSES

For necessary expenses of operations of the Bureau of the
Fiscal Service, $345,569,000; of which not to exceed $8,000,000,
to remain available until September 30, 2023, is for information
systems modernization initiatives; and of which $5,000 shall be
available for official reception and representation expenses.
In addition, $165,000, to be derived from the Oil Spill Liability
Trust Fund to reimburse administrative and personnel expenses
for financial management of the Fund, as authorized by section
1012 of Public Law 101–380.
ALCOHOL

AND

TOBACCO TAX

AND

TRADE BUREAU

SALARIES AND EXPENSES

For necessary expenses of carrying out section 1111 of the
Homeland Security Act of 2002, including hire of passenger motor
vehicles, $124,337,000; of which not to exceed $6,000 shall be available for official reception and representation expenses; and of which
not to exceed $50,000 shall be available for cooperative research
and development programs for laboratory services; and provision
of laboratory assistance to State and local agencies with or without
reimbursement: Provided, That of the amount appropriated under
this heading, $5,000,000 shall be for the costs of accelerating the
processing of formula and label applications: Provided further, That
of the amount appropriated under this heading, $5,000,000, to
remain available until September 30, 2022, shall be for the costs
associated with enforcement of and education regarding the trade
practice provisions of the Federal Alcohol Administration Act (27
U.S.C. 201 et seq.).
UNITED STATES MINT
UNITED STATES MINT PUBLIC ENTERPRISE FUND

Pursuant to section 5136 of title 31, United States Code, the
United States Mint is provided funding through the United States
Mint Public Enterprise Fund for costs associated with the production of circulating coins, numismatic coins, and protective services,
including both operating expenses and capital investments: Provided, That the aggregate amount of new liabilities and obligations
incurred during fiscal year 2021 under such section 5136 for circulating coinage and protective service capital investments of the
United States Mint shall not exceed $50,000,000.

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COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FUND
PROGRAM ACCOUNT
To carry out the Riegle Community Development and Regulatory Improvement Act of 1994 (subtitle A of title I of Public
Law 103–325), including services authorized by section 3109 of
title 5, United States Code, but at rates for individuals not to
exceed the per diem rate equivalent to the rate for EX–III,
$270,000,000. Of the amount appropriated under this heading—

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134 STAT. 1384

(1) not less than $167,000,000, notwithstanding section
108(e) of Public Law 103–325 (12 U.S.C. 4707(e)) with regard
to Small and/or Emerging Community Development Financial
Institutions Assistance awards, is available until September
30, 2022, for financial assistance and technical assistance under
subparagraphs (A) and (B) of section 108(a)(1), respectively,
of Public Law 103–325 (12 U.S.C. 4707(a)(1)(A) and (B)), of
which up to $1,600,000 may be available for training and
outreach under section 109 of Public Law 103–325 (12 U.S.C.
4708), of which up to $2,374,500 may be used for the cost
of direct loans, of which up to $6,000,000, notwithstanding
subsection (d) of section 108 of Public Law 103–325 (12 U.S.C.
4707 (d)), may be available to provide financial assistance,
technical assistance, training, and outreach to community
development financial institutions to expand investments that
benefit individuals with disabilities, and of which not less than
$2,000,000 shall be for the Economic Mobility Corps to be
operated in conjunction with the Corporation for National and
Community Service, pursuant to 42 U.S.C. 12571: Provided,
That the cost of direct and guaranteed loans, including the
cost of modifying such loans, shall be as defined in section
502 of the Congressional Budget Act of 1974: Provided further,
That these funds are available to subsidize gross obligations
for the principal amount of direct loans not to exceed
$25,000,000: Provided further, That of the funds provided under
this paragraph, excluding those made to community development financial institutions to expand investments that benefit
individuals with disabilities and those made to community
development financial institutions that serve populations living
in persistent poverty counties, the CDFI Fund shall prioritize
Financial Assistance awards to organizations that invest and
lend in high-poverty areas: Provided further, That for purposes
of this section, the term ‘‘high-poverty area’’ means any census
tract with a poverty rate of at least 20 percent as measured
by the 2011–2015 5-year data series available from the American Community Survey of the Bureau of the Census for all
States and Puerto Rico or with a poverty rate of at least
20 percent as measured by the 2010 Island areas Decennial
Census data for any territory or possession of the United States;
(2) Not less than $16,500,000, notwithstanding section
108(e) of Public Law 103–325 (12 U.S.C. 4707(e)), is available
until September 30, 2022, for financial assistance, technical
assistance, training, and outreach programs designed to benefit
Native American, Native Hawaiian, and Alaska Native communities and provided primarily through qualified community
development lender organizations with experience and expertise
in community development banking and lending in Indian
country, Native American organizations, Tribes and Tribal
organizations, and other suitable providers;
(3) not less than $26,000,000 is available until September
30, 2022, for the Bank Enterprise Award program;
(4) not less than $23,000,000, notwithstanding subsections
(d) and (e) of section 108 of Public Law 103–325 (12 U.S.C.
4707(d) and (e)), is available until September 30, 2022, for
a Healthy Food Financing Initiative to provide financial assistance, technical assistance, training, and outreach to community
development financial institutions for the purpose of offering

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Definition.
Time period.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1385

affordable financing and technical assistance to expand the
availability of healthy food options in distressed communities;
(5) not less than $8,500,000 is available until September
30, 2022, to provide grants for loan loss reserve funds and
to provide technical assistance for small dollar loan programs
under section 122 of Public Law 103–325 (12 U.S.C. 4719):
Provided, That sections 108(d) and 122(b)(2) of such Public
Law shall not apply to the provision of such grants and technical assistance;
(6) up to $29,000,000 is available until September 30, 2021,
for administrative expenses, including administration of CDFI
Fund programs and the New Markets Tax Credit Program,
of which not less than $1,000,000 is for development of tools
to better assess and inform CDFI investment performance,
and up to $300,000 is for administrative expenses to carry
out the direct loan program; and
(7) during fiscal year 2021, none of the funds available
under this heading are available for the cost, as defined in
section 502 of the Congressional Budget Act of 1974, of commitments to guarantee bonds and notes under section 114A of
the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4713a): Provided, That commitments to guarantee bonds and notes under such section 114A
shall not exceed $500,000,000: Provided further, That such
section 114A shall remain in effect until December 31, 2021:
Provided further, That of the funds awarded under this heading,
except those provided for the Economic Mobility Corps, not
less than 10 percent shall be used for awards that support
investments that serve populations living in persistent poverty
counties: Provided further, That for the purposes of this paragraph and paragraph (1), the term ‘‘persistent poverty counties’’
means any county, including county equivalent areas in Puerto
Rico, 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 the 2011–2015 5-year data
series available from the American Community Survey of the
Bureau of the Census or any other territory or possession
of the United States that has had 20 percent or more of its
population living in poverty over the past 30 years, as measured
by the 1990, 2000 and 2010 Island Areas Decennial Censuses,
or equivalent data, of the Bureau of the Census.

Termination
date.
12 USC 4713a
note.

Definition.
Puerto Rico.
Time period.

INTERNAL REVENUE SERVICE

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TAXPAYER SERVICES

For necessary expenses of the Internal Revenue Service to
provide taxpayer services, including pre-filing assistance and education, filing and account services, taxpayer advocacy services, and
other services as authorized by 5 U.S.C. 3109, at such rates as
may be determined by the Commissioner, $2,555,606,000, of which
not less than $11,000,000 shall be for the Tax Counseling for
the Elderly Program, of which not less than $13,000,000 shall
be available for low-income taxpayer clinic grants, of which not
less than $30,000,000, to remain available until September 30,
2022, shall be available for the Community Volunteer Income Tax
Assistance Matching Grants Program for tax return preparation

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134 STAT. 1386

PUBLIC LAW 116–260—DEC. 27, 2020

assistance, and of which not less than $211,000,000 shall be available for operating expenses of the Taxpayer Advocate Service: Provided, That of the amounts made available for the Taxpayer Advocate Service, not less than $5,500,000 shall be for identity theft
and refund fraud casework.
ENFORCEMENT

For necessary expenses for tax enforcement activities of the
Internal Revenue Service to determine and collect owed taxes, to
provide legal and litigation support, to conduct criminal investigations, to enforce criminal statutes related to violations of internal
revenue laws and other financial crimes, to purchase and hire
passenger motor vehicles (31 U.S.C. 1343(b)), and to provide other
services as authorized by 5 U.S.C. 3109, at such rates as may
be determined by the Commissioner, $5,212,622,000, of which not
to exceed $250,000,000 shall remain available until September 30,
2022; of which not less than $60,257,000 shall be for the Interagency
Crime and Drug Enforcement program; and of which not to exceed
$15,000,000 shall be for investigative technology for the Criminal
Investigation Division: Provided, That the amount made available
for investigative technology for the Criminal Investigation Division
shall be in addition to amounts made available for the Criminal
Investigation Division under the ‘‘Operations Support’’ heading.
OPERATIONS SUPPORT

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Reports.
Summaries.
26 USC 7801
note.

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For necessary expenses of the Internal Revenue Service to
support taxpayer services and enforcement programs, including rent
payments; facilities services; printing; postage; physical security;
headquarters and other IRS-wide administration activities; research
and statistics of income; telecommunications; information technology development, enhancement, operations, maintenance, and
security; the hire of passenger motor vehicles (31 U.S.C. 1343(b));
the operations of the Internal Revenue Service Oversight Board;
and other services as authorized by 5 U.S.C. 3109, at such rates
as may be determined by the Commissioner; $3,928,102,000, of
which not to exceed $275,000,000 shall remain available until September 30, 2022; of which not to exceed $10,000,000 shall remain
available until expended for acquisition of equipment and construction, repair and renovation of facilities; of which not to exceed
$1,000,000 shall remain available until September 30, 2023, for
research; of which not less than $10,000,000, to remain available
until expended, shall be available for establishment of an application through which entities registering and renewing registrations
in the System for Award Management may request an authenticated
electronic certification stating that the entity does or does not
have a seriously delinquent tax debt; and of which not to exceed
$20,000 shall be for official reception and representation expenses:
Provided, That not later than 30 days after the end of each quarter,
the Internal Revenue Service shall submit a report to the Committees on Appropriations of the House of Representatives and the
Senate and the Comptroller General of the United States detailing
major information technology investments in the Internal Revenue
Service Integrated Modernization Business Plan portfolio, including
detailed, plain language summaries on the status of plans, costs,
and results; prior results and actual expenditures of the prior
quarter; upcoming deliverables and costs for the fiscal year; risks

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1387

and mitigation strategies associated with ongoing work; reasons
for any cost or schedule variances; and total expenditures by fiscal
year: Provided further, That the Internal Revenue Service shall
include, in its budget justification for fiscal year 2022, a summary
of cost and schedule performance information for its major information technology systems.

Summaries.

BUSINESS SYSTEMS MODERNIZATION

For necessary expenses of the Internal Revenue Service’s business systems modernization program, $222,724,000, to remain available until September 30, 2023, for the capital asset acquisition
of information technology systems, including management and
related contractual costs of said acquisitions, including related
Internal Revenue Service labor costs, and contractual costs associated with operations authorized by 5 U.S.C. 3109: Provided, That
not later than 30 days after the end of each quarter, the Internal
Revenue Service shall submit a report to the Committees on Appropriations of the House of Representatives and the Senate and
the Comptroller General of the United States detailing major
information technology investments in the Internal Revenue Service
Integrated Modernization Business Plan portfolio, including
detailed, plain language summaries on the status of plans, costs,
and results; prior results and actual expenditures of the prior
quarter; upcoming deliverables and costs for the fiscal year; risks
and mitigation strategies associated with ongoing work; reasons
for any cost or schedule variances; and total expenditures by fiscal
year.

Reports.
Summaries.
Strategies.
26 USC 7801
note.

ADMINISTRATIVE PROVISIONS—INTERNAL REVENUE SERVICE

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(INCLUDING TRANSFER OF FUNDS)

SEC. 101. Not to exceed 4 percent of the appropriation made
available in this Act to the Internal Revenue Service under the
‘‘Enforcement’’ heading, and not to exceed 5 percent of any other
appropriation made available in this Act to the Internal Revenue
Service, may be transferred to any other Internal Revenue Service
appropriation upon the advance approval of the Committees on
Appropriations of the House of Representatives and the Senate.
SEC. 102. The Internal Revenue Service shall maintain an
employee training program, which shall include the following topics:
taxpayers’ rights, dealing courteously with taxpayers, cross-cultural
relations, ethics, and the impartial application of tax law.
SEC. 103. The Internal Revenue Service shall institute and
enforce policies and procedures that will safeguard the confidentiality of taxpayer information and protect taxpayers against
identity theft.
SEC. 104. Funds made available by this or any other Act to
the Internal Revenue Service shall be available for improved facilities and increased staffing to provide sufficient and effective 1–
800 help line service for taxpayers. The Commissioner shall continue to make improvements to the Internal Revenue Service 1–
800 help line service a priority and allocate resources necessary
to enhance the response time to taxpayer communications, particularly with regard to victims of tax-related crimes.
SEC. 105. The Internal Revenue Service shall issue a notice
of confirmation of any address change relating to an employer

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Advance
approval.

Procedures.
Confidentiality.
Identity theft.

Notice.

PUBL260A

134 STAT. 1388

PUBLIC LAW 116–260—DEC. 27, 2020

making employment tax payments, and such notice shall be sent
to both the employer’s former and new address and an officer
or employee of the Internal Revenue Service shall give special
consideration to an offer-in-compromise from a taxpayer who has
been the victim of fraud by a third party payroll tax preparer.
SEC. 106. None of the funds made available under this Act
may be used by the Internal Revenue Service to target citizens
of the United States for exercising any right guaranteed under
the First Amendment to the Constitution of the United States.
SEC. 107. None of the funds made available in this Act may
be used by the Internal Revenue Service to target groups for regulatory scrutiny based on their ideological beliefs.
SEC. 108. None of funds made available by this Act to the
Internal Revenue Service shall be obligated or expended on conferences that do not adhere to the procedures, verification processes,
documentation requirements, and policies issued by the Chief
Financial Officer, Human Capital Office, and Agency-Wide Shared
Services as a result of the recommendations in the report published
on May 31, 2013, by the Treasury Inspector General for Tax
Administration entitled ‘‘Review of the August 2010 Small Business/
Self-Employed Division’s Conference in Anaheim, California’’ (Reference Number 2013–10–037).
SEC. 109. None of the funds made available in this Act to
the Internal Revenue Service may be obligated or expended—
(1) to make a payment to any employee under a bonus,
award, or recognition program; or
(2) under any hiring or personnel selection process with
respect to re-hiring a former employee;
unless such program or process takes into account the conduct
and Federal tax compliance of such employee or former employee.
SEC. 110. None of the funds made available by this Act may
be used in contravention of section 6103 of the Internal Revenue
Code of 1986 (relating to confidentiality and disclosure of returns
and return information).
ADMINISTRATIVE PROVISIONS—DEPARTMENT

OF THE

TREASURY

(INCLUDING TRANSFERS OF FUNDS)

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Advance
approval.

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SEC. 111. Appropriations to the Department of the Treasury
in this Act shall be available for uniforms or allowances therefor,
as authorized by law (5 U.S.C. 5901), including maintenance,
repairs, and cleaning; purchase of insurance for official motor
vehicles operated in foreign countries; purchase of motor vehicles
without regard to the general purchase price limitations for vehicles
purchased and used overseas for the current fiscal year; entering
into contracts with the Department of State for the furnishing
of health and medical services to employees and their dependents
serving in foreign countries; and services authorized by 5 U.S.C.
3109.
SEC. 112. Not to exceed 2 percent of any appropriations in
this title made available under the headings ‘‘Departmental
Offices—Salaries and Expenses’’, ‘‘Office of Inspector General’’, ‘‘Special Inspector General for the Troubled Asset Relief Program’’,
‘‘Financial Crimes Enforcement Network’’, ‘‘Bureau of the Fiscal
Service’’, and ‘‘Alcohol and Tobacco Tax and Trade Bureau’’ may
be transferred between such appropriations upon the advance

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1389

approval of the Committees on Appropriations of the House of
Representatives and the Senate: Provided, That no transfer under
this section may increase or decrease any such appropriation by
more than 2 percent.
SEC. 113. Not to exceed 2 percent of any appropriation made
available in this Act to the Internal Revenue Service may be transferred to the Treasury Inspector General for Tax Administration’s
appropriation upon the advance approval of the Committees on
Appropriations of the House of Representatives and the Senate:
Provided, That no transfer may increase or decrease any such
appropriation by more than 2 percent.
SEC. 114. None of the funds appropriated in this Act or otherwise available to the Department of the Treasury or the Bureau
of Engraving and Printing may be used to redesign the $1 Federal
Reserve note.
SEC. 115. The Secretary of the Treasury may transfer funds
from the ‘‘Bureau of the Fiscal Service—Salaries and Expenses’’
to the Debt Collection Fund as necessary to cover the costs of
debt collection: Provided, That such amounts shall be reimbursed
to such salaries and expenses account from debt collections received
in the Debt Collection Fund.
SEC. 116. None of the funds appropriated or otherwise made
available by this or any other Act may be used by the United
States Mint to construct or operate any museum without the explicit
approval of the Committees on Appropriations of the House of
Representatives and the Senate, the House Committee on Financial
Services, and the Senate Committee on Banking, Housing, and
Urban Affairs.
SEC. 117. None of the funds appropriated or otherwise made
available by this or any other Act or source to the Department
of the Treasury, the Bureau of Engraving and Printing, and the
United States Mint, individually or collectively, may be used to
consolidate any or all functions of the Bureau of Engraving and
Printing and the United States Mint without the explicit approval
of the House Committee on Financial Services; the Senate Committee on Banking, Housing, and Urban Affairs; and the Committees on Appropriations of the House of Representatives and the
Senate.
SEC. 118. Funds appropriated by this Act, or made available
by the transfer of funds in this Act, for the Department of the
Treasury’s intelligence or intelligence related activities are deemed
to be specifically authorized by the Congress for purposes of section
504 of the National Security Act of 1947 (50 U.S.C. 414) during
fiscal year 2021 until the enactment of the Intelligence Authorization Act for Fiscal Year 2021.
SEC. 119. Not to exceed $5,000 shall be made available from
the Bureau of Engraving and Printing’s Industrial Revolving Fund
for necessary official reception and representation expenses.
SEC. 120. The Secretary of the Treasury shall submit a Capital
Investment Plan to the Committees on Appropriations of the House
of Representatives and the Senate not later than 30 days following
the submission of the annual budget submitted by the President:
Provided, That such Capital Investment Plan shall include capital
investment spending from all accounts within the Department of
the Treasury, including but not limited to the Department-wide
Systems and Capital Investment Programs account, Treasury Franchise Fund account, and the Treasury Forfeiture Fund account:

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Advance
approval.

Reimbursement.

Plan.
Deadline.

PUBL260A

134 STAT. 1390

Reports.

Non profit
organizations.

Applicability.
Determination.

Time period.
Reports.

Estimate.

Estimate.

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Testimony.

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PUBLIC LAW 116–260—DEC. 27, 2020

Provided further, That such Capital Investment Plan shall include
expenditures occurring in previous fiscal years for each capital
investment project that has not been fully completed.
SEC. 121. Within 45 days after the date of enactment of this
Act, the Secretary of the Treasury shall submit an itemized report
to the Committees on Appropriations of the House of Representatives and the Senate on the amount of total funds charged to
each office by the Franchise Fund including the amount charged
for each service provided by the Franchise Fund to each office,
a detailed description of the services, a detailed explanation of
how each charge for each service is calculated, and a description
of the role customers have in governing in the Franchise Fund.
SEC. 122. During fiscal year 2021—
(1) none of the funds made available in this or any other
Act may be used by the Department of the Treasury, including
the Internal Revenue Service, to issue, revise, or finalize any
regulation, revenue ruling, or other guidance not limited to
a particular taxpayer relating to the standard which is used
to determine whether an organization is operated exclusively
for the promotion of social welfare for purposes of section
501(c)(4) of the Internal Revenue Code of 1986 (including the
proposed regulations published at 78 Fed. Reg. 71535
(November 29, 2013)); and
(2) the standard and definitions as in effect on January
1, 2010, which are used to make such determinations shall
apply after the date of the enactment of this Act for purposes
of determining status under section 501(c)(4) of such Code
of organizations created on, before, or after such date.
SEC. 123. (a) Not later than 60 days after the end of each
quarter, the Office of Financial Stability and the Office of Financial
Research shall submit reports on their activities to the Committees
on Appropriations of the House of Representatives and the Senate,
the Committee on Financial Services of the House of Representatives and the Senate Committee on Banking, Housing, and Urban
Affairs.
(b) The reports required under subsection (a) shall include—
(1) the obligations made during the previous quarter by
object class, office, and activity;
(2) the estimated obligations for the remainder of the fiscal
year by object class, office, and activity;
(3) the number of full-time equivalents within each office
during the previous quarter;
(4) the estimated number of full-time equivalents within
each office for the remainder of the fiscal year; and
(5) actions taken to achieve the goals, objectives, and
performance measures of each office.
(c) At the request of any such Committees specified in subsection (a), the Office of Financial Stability and the Office of Financial Research shall make officials available to testify on the contents
of the reports required under subsection (a).
SEC. 124. In addition to the amounts otherwise made available
to the Department of the Treasury, $25,000,000, to remain available
until expended, shall be for expenses associated with digitization
and distribution of the Department’s records of matured savings
bonds that have not been redeemed.
This title may be cited as the ‘‘Department of the Treasury
Appropriations Act, 2021’’.

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PUBL260A

PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1391

TITLE II
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS
APPROPRIATED TO THE PRESIDENT

Executive Office
of the President
Appropriations
Act, 2021.

THE WHITE HOUSE
SALARIES AND EXPENSES

For necessary expenses for the White House as authorized
by law, including not to exceed $3,850,000 for services as authorized
by 5 U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3 U.S.C. 105, which shall be expended and accounted
for as provided in that section; hire of passenger motor vehicles,
and travel (not to exceed $100,000 to be expended and accounted
for as provided by 3 U.S.C. 103); and not to exceed $19,000 for
official reception and representation expenses, to be available for
allocation within the Executive Office of the President; and for
necessary expenses of the Office of Policy Development, including
services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107,
$55,000,000.
EXECUTIVE RESIDENCE

AT THE

WHITE HOUSE

OPERATING EXPENSES

For necessary expenses of the Executive Residence at the White
House, $13,641,000, to be expended and accounted for as provided
by 3 U.S.C. 105, 109, 110, and 112–114.

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REIMBURSABLE EXPENSES

For the reimbursable expenses of the Executive Residence at
the White House, such sums as may be necessary: Provided, That
all reimbursable operating expenses of the Executive Residence
shall be made in accordance with the provisions of this paragraph:
Provided further, That, notwithstanding any other provision of law,
such amount for reimbursable operating expenses shall be the exclusive authority of the Executive Residence to incur obligations and
to receive offsetting collections, for such expenses: Provided further,
That the Executive Residence shall require each person sponsoring
a reimbursable political event to pay in advance an amount equal
to the estimated cost of the event, and all such advance payments
shall be credited to this account and remain available until
expended: Provided further, That the Executive Residence shall
require the national committee of the political party of the President
to maintain on deposit $25,000, to be separately accounted for
and available for expenses relating to reimbursable political events
sponsored by such committee during such fiscal year: Provided
further, That the Executive Residence shall ensure that a written
notice of any amount owed for a reimbursable operating expense
under this paragraph is submitted to the person owing such amount
within 60 days after such expense is incurred, and that such amount
is collected within 30 days after the submission of such notice:
Provided further, That the Executive Residence shall charge interest
and assess penalties and other charges on any such amount that
is not reimbursed within such 30 days, in accordance with the
interest and penalty provisions applicable to an outstanding debt

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Notice.
Deadlines.

Penalties.
Deadlines.

PUBL260A

134 STAT. 1392

Reports.

Records.

PUBLIC LAW 116–260—DEC. 27, 2020

on a United States Government claim under 31 U.S.C. 3717: Provided further, That each such amount that is reimbursed, and
any accompanying interest and charges, shall be deposited in the
Treasury as miscellaneous receipts: Provided further, That the
Executive Residence shall prepare and submit to the Committees
on Appropriations, by not later than 90 days after the end of
the fiscal year covered by this Act, a report setting forth the
reimbursable operating expenses of the Executive Residence during
the preceding fiscal year, including the total amount of such
expenses, the amount of such total that consists of reimbursable
official and ceremonial events, the amount of such total that consists
of reimbursable political events, and the portion of each such
amount that has been reimbursed as of the date of the report:
Provided further, That the Executive Residence shall maintain a
system for the tracking of expenses related to reimbursable events
within the Executive Residence that includes a standard for the
classification of any such expense as political or nonpolitical: Provided further, That no provision of this paragraph may be construed
to exempt the Executive Residence from any other applicable
requirement of subchapter I or II of chapter 37 of title 31, United
States Code.
WHITE HOUSE REPAIR

AND

RESTORATION

For the repair, alteration, and improvement of the Executive
Residence at the White House pursuant to 3 U.S.C. 105(d),
$2,500,000, to remain available until expended, for required maintenance, resolution of safety and health issues, and continued
preventative maintenance.
COUNCIL

OF

ECONOMIC ADVISERS

SALARIES AND EXPENSES

For necessary expenses of the Council of Economic Advisers
in carrying out its functions under the Employment Act of 1946
(15 U.S.C. 1021 et seq.), $4,000,000.
NATIONAL SECURITY COUNCIL

AND

HOMELAND SECURITY COUNCIL

SALARIES AND EXPENSES

For necessary expenses of the National Security Council and
the Homeland Security Council, including services as authorized
by 5 U.S.C. 3109, $12,150,000 of which not to exceed $5,000 shall
be available for official reception and representation expenses.
OFFICE

OF

ADMINISTRATION

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SALARIES AND EXPENSES

For necessary expenses of the Office of Administration,
including services as authorized by 5 U.S.C. 3109 and 3 U.S.C.
107, and hire of passenger motor vehicles, $100,000,000, of which
not to exceed $12,800,000 shall remain available until expended
for continued modernization of information resources within the
Executive Office of the President.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1393

PRESIDENTIAL TRANSITION ADMINISTRATIVE SUPPORT
(INCLUDING TRANSFER OF FUNDS)

For expenses of the Office of Administration to carry out the
Presidential Transition Act of 1963, as amended, and similar
expenses, in addition to amounts otherwise appropriated by law,
$8,000,000: Provided, That such funds may be transferred to other
accounts that provide funding for offices within the Executive Office
of the President and the Office of the Vice President in this Act
or any other Act, to carry out such purposes.
OFFICE

OF

MANAGEMENT

AND

BUDGET

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SALARIES AND EXPENSES

For necessary expenses of the Office of Management and
Budget, including hire of passenger motor vehicles and services
as authorized by 5 U.S.C. 3109, to carry out the provisions of
chapter 35 of title 44, United States Code, and to prepare and
submit the budget of the United States Government, in accordance
with section 1105(a) of title 31, United States Code, $106,600,000,
of which not to exceed $3,000 shall be available for official representation expenses: Provided, That none of the funds appropriated
in this Act for the Office of Management and Budget may be
used for the purpose of reviewing any agricultural marketing orders
or any activities or regulations under the provisions of the Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601 et seq.):
Provided further, That none of the funds made available for the
Office of Management and Budget by this Act may be expended
for the altering of the transcript of actual testimony of witnesses,
except for testimony of officials of the Office of Management and
Budget, before the Committees on Appropriations or their subcommittees: Provided further, That none of the funds made available
for the Office of Management and Budget by this Act may be
expended for the altering of the annual work plan developed by
the Corps of Engineers for submission to the Committees on Appropriations: Provided further, That none of the funds provided in
this or prior Acts shall be used, directly or indirectly, by the Office
of Management and Budget, for evaluating or determining if water
resource project or study reports submitted by the Chief of Engineers acting through the Secretary of the Army are in compliance
with all applicable laws, regulations, and requirements relevant
to the Civil Works water resource planning process: Provided further, That the Office of Management and Budget shall have not
more than 60 days in which to perform budgetary policy reviews
of water resource matters on which the Chief of Engineers has
reported: Provided further, That the Director of the Office of
Management and Budget shall notify the appropriate authorizing
and appropriating committees when the 60-day review is initiated:
Provided further, That if water resource reports have not been
transmitted to the appropriate authorizing and appropriating
committees within 15 days after the end of the Office of Management and Budget review period based on the notification from
the Director, Congress shall assume Office of Management and
Budget concurrence with the report and act accordingly.

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Deadline.
Policy reviews.
Notification.

Reports.

PUBL260A

134 STAT. 1394

PUBLIC LAW 116–260—DEC. 27, 2020
INTELLECTUAL PROPERTY ENFORCEMENT COORDINATOR

For necessary expenses of the Office of the Intellectual Property
Enforcement Coordinator, as authorized by title III of the
Prioritizing Resources and Organization for Intellectual Property
Act of 2008 (Public Law 110–403), including services authorized
by 5 U.S.C. 3109, $1,800,000.
OFFICE

OF

NATIONAL DRUG CONTROL POLICY
SALARIES AND EXPENSES

For necessary expenses of the Office of National Drug Control
Policy; for research activities pursuant to the Office of National
Drug Control Policy Reauthorization Act of 1998, as amended; not
to exceed $10,000 for official reception and representation expenses;
and for participation in joint projects or in the provision of services
on matters of mutual interest with nonprofit, research, or public
organizations or agencies, with or without reimbursement,
$18,400,000: Provided, That the Office is authorized to accept, hold,
administer, and utilize gifts, both real and personal, public and
private, without fiscal year limitation, for the purpose of aiding
or facilitating the work of the Office.

21 USC 1702
note.

FEDERAL DRUG CONTROL PROGRAMS
HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM
(INCLUDING TRANSFERS OF FUNDS)

Deadline.

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Notifications.
Deadlines.
Determination.
Consultation.

Determination.

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For necessary expenses of the Office of National Drug Control
Policy’s High Intensity Drug Trafficking Areas Program,
$290,000,000, to remain available until September 30, 2022, for
drug control activities consistent with the approved strategy for
each of the designated High Intensity Drug Trafficking Areas
(‘‘HIDTAs’’), of which not less than 51 percent shall be transferred
to State and local entities for drug control activities and shall
be obligated not later than 120 days after enactment of this Act:
Provided, That up to 49 percent may be transferred to Federal
agencies and departments in amounts determined by the Director
of the Office of National Drug Control Policy, of which up to
$2,700,000 may be used for auditing services and associated activities: Provided further, That any unexpended funds obligated prior
to fiscal year 2019 may be used for any other approved activities
of that HIDTA, subject to reprogramming requirements: Provided
further, That each HIDTA designated as of September 30, 2020,
shall be funded at not less than the fiscal year 2020 base level,
unless the Director submits to the Committees on Appropriations
of the House of Representatives and the Senate justification for
changes to those levels based on clearly articulated priorities and
published Office of National Drug Control Policy performance measures of effectiveness: Provided further, That the Director shall notify
the Committees on Appropriations of the initial allocation of fiscal
year 2021 funding among HIDTAs not later than 45 days after
enactment of this Act, and shall notify the Committees of planned
uses of discretionary HIDTA funding, as determined in consultation
with the HIDTA Directors, not later than 90 days after enactment
of this Act: Provided further, That upon a determination that all

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1395

or part of the funds so transferred from this appropriation are
not necessary for the purposes provided herein and upon notification
to the Committees on Appropriations of the House of Representatives and the Senate, such amounts may be transferred back to
this appropriation.
OTHER FEDERAL DRUG CONTROL PROGRAMS
(INCLUDING TRANSFERS OF FUNDS)

For other drug control activities authorized by the Anti-Drug
Abuse Act of 1988 and the Office of National Drug Control Policy
Reauthorization Act of 1998, as amended, $128,182,000, to remain
available until expended, which shall be available as follows:
$102,000,000 for the Drug-Free Communities Program, of which
$2,500,000 shall be made available as directed by section 4 of
Public Law 107–82, as amended by section 8204 of Public Law
115–271; $3,000,000 for drug court training and technical assistance; $14,000,000 for anti-doping activities; up to $2,932,000 for
the United States membership dues to the World Anti-Doping
Agency; $1,250,000 for the Model Acts Program; and $5,000,000
for activities authorized by section 103 of Public Law 114–198:
Provided, That amounts made available under this heading may
be transferred to other Federal departments and agencies to carry
out such activities: Provided further, That the Director of the Office
of National Drug Control Policy shall, not fewer than 30 days
prior to obligating funds under this heading for United States
membership dues to the World Anti-Doping Agency, submit to the
Committees on Appropriations of the House of Representatives and
the Senate a spending plan and explanation of the proposed uses
of these funds.

Deadline.
Spending plan.

UNANTICIPATED NEEDS
For expenses necessary to enable the President to meet
unanticipated needs, in furtherance of the national interest, security, or defense which may arise at home or abroad during the
current fiscal year, as authorized by 3 U.S.C. 108, $1,000,000,
to remain available until September 30, 2022.
INFORMATION TECHNOLOGY OVERSIGHT

AND

REFORM

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for the furtherance of integrated, efficient, secure, and effective uses of information technology in the
Federal Government, $12,500,000, to remain available until
expended: Provided, That the Director of the Office of Management
and Budget may transfer these funds to one or more other agencies
to carry out projects to meet these purposes.
SPECIAL ASSISTANCE

TO THE

PRESIDENT

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SALARIES AND EXPENSES

For necessary expenses to enable the Vice President to provide
assistance to the President in connection with specially assigned
functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C.

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134 STAT. 1396

PUBLIC LAW 116–260—DEC. 27, 2020

106, including subsistence expenses as authorized by 3 U.S.C. 106,
which shall be expended and accounted for as provided in that
section; and hire of passenger motor vehicles, $4,698,000.
OFFICIAL RESIDENCE

OF THE

VICE PRESIDENT

OPERATING EXPENSES
(INCLUDING TRANSFER OF FUNDS)

For the care, operation, refurnishing, improvement, and to the
extent not otherwise provided for, heating and lighting, including
electric power and fixtures, of the official residence of the Vice
President; the hire of passenger motor vehicles; and not to exceed
$90,000 pursuant to 3 U.S.C. 106(b)(2), $302,000: Provided, That
advances, repayments, or transfers from this appropriation may
be made to any department or agency for expenses of carrying
out such activities.
ADMINISTRATIVE PROVISIONS—EXECUTIVE OFFICE OF THE
PRESIDENT AND FUNDS APPROPRIATED TO THE PRESIDENT
(INCLUDING TRANSFER OF FUNDS)

Advance
approval.

President.
Cost estimates.

Summary.

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Time period.

Time period.

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SEC. 201. From funds made available in this Act under the
headings ‘‘The White House’’, ‘‘Executive Residence at the White
House’’, ‘‘White House Repair and Restoration’’, ‘‘Council of Economic Advisers’’, ‘‘National Security Council and Homeland Security
Council’’, ‘‘Office of Administration’’, ‘‘Special Assistance to the
President’’, and ‘‘Official Residence of the Vice President’’, the
Director of the Office of Management and Budget (or such other
officer as the President may designate in writing), may, with
advance approval of the Committees on Appropriations of the House
of Representatives and the Senate, transfer not to exceed 10 percent
of any such appropriation to any other such appropriation, to be
merged with and available for the same time and for the same
purposes as the appropriation to which transferred: Provided, That
the amount of an appropriation shall not be increased by more
than 50 percent by such transfers: Provided further, That no amount
shall be transferred from ‘‘Special Assistance to the President’’
or ‘‘Official Residence of the Vice President’’ without the approval
of the Vice President.
SEC. 202. (a) During fiscal year 2021, any Executive order
or Presidential memorandum issued or revoked by the President
shall be accompanied by a written statement from the Director
of the Office of Management and Budget on the budgetary impact,
including costs, benefits, and revenues, of such order or memorandum.
(b) Any such statement shall include—
(1) a narrative summary of the budgetary impact of such
order or memorandum on the Federal Government;
(2) the impact on mandatory and discretionary obligations
and outlays as the result of such order or memorandum, listed
by Federal agency, for each year in the 5-fiscal-year period
beginning in fiscal year 2021; and
(3) the impact on revenues of the Federal Government
as the result of such order or memorandum over the 5-fiscalyear period beginning in fiscal year 2021.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1397

(c) If an Executive order or Presidential memorandum is issued
during fiscal year 2021 due to a national emergency, the Director
of the Office of Management and Budget may issue the statement
required by subsection (a) not later than 15 days after the date
that such order or memorandum is issued.
(d) The requirement for cost estimates for Presidential memoranda shall only apply for Presidential memoranda estimated to
have a regulatory cost in excess of $100,000,000.
SEC. 203. Not later than 30 days after the date of enactment
of this Act, the Director of the Office of Management and Budget
shall issue a memorandum to all Federal departments, agencies,
and corporations directing compliance with the provisions in title
VII of this Act.
This title may be cited as the ‘‘Executive Office of the President
Appropriations Act, 2021’’.
TITLE III

OF THE

Applicability.

Deadline.
Memorandum.
Compliance.

Judiciary
Appropriations
Act, 2021.

THE JUDICIARY
SUPREME COURT

Deadline.

UNITED STATES

SALARIES AND EXPENSES

For expenses necessary for the operation of the Supreme Court,
as required by law, excluding care of the building and grounds,
including hire of passenger motor vehicles as authorized by 31
U.S.C. 1343 and 1344; not to exceed $10,000 for official reception
and representation expenses; and for miscellaneous expenses, to
be expended as the Chief Justice may approve, $94,690,000, of
which $1,500,000 shall remain available until expended.
In addition, there are appropriated such sums as may be necessary under current law for the salaries of the chief justice and
associate justices of the court.
CARE OF THE BUILDING AND GROUNDS

For such expenditures as may be necessary to enable the
Architect of the Capitol to carry out the duties imposed upon
the Architect by 40 U.S.C. 6111 and 6112, $10,618,000, to remain
available until expended.
UNITED STATES COURT

OF

APPEALS

FOR THE

FEDERAL CIRCUIT

SALARIES AND EXPENSES

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For salaries of officers and employees, and for necessary
expenses of the court, as authorized by law, $33,500,000.
In addition, there are appropriated such sums as may be necessary under current law for the salaries of the chief judge and
judges of the court.

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134 STAT. 1398

PUBLIC LAW 116–260—DEC. 27, 2020
UNITED STATES COURT

OF INTERNATIONAL

TRADE

SALARIES AND EXPENSES

For salaries of officers and employees of the court, services,
and necessary expenses of the court, as authorized by law,
$20,000,000.
In addition, there are appropriated such sums as may be necessary under current law for the salaries of the chief judge and
judges of the court.
COURTS

OF

APPEALS, DISTRICT COURTS,
SERVICES

AND

OTHER JUDICIAL

SALARIES AND EXPENSES

For the salaries of judges of the United States Court of Federal
Claims, magistrate judges, and all other officers and employees
of the Federal Judiciary not otherwise specifically provided for,
necessary expenses of the courts, and the purchase, rental, repair,
and cleaning of uniforms for Probation and Pretrial Services Office
staff, as authorized by law, $5,393,701,000 (including the purchase
of firearms and ammunition); of which not to exceed $27,817,000
shall remain available until expended for space alteration projects
and for furniture and furnishings related to new space alteration
and construction projects.
In addition, there are appropriated such sums as may be necessary under current law for the salaries of circuit and district
judges (including judges of the territorial courts of the United
States), bankruptcy judges, and justices and judges retired from
office or from regular active service.
In addition, for expenses of the United States Court of Federal
Claims associated with processing cases under the National Childhood Vaccine Injury Act of 1986 (Public Law 99–660), not to exceed
$9,900,000, to be appropriated from the Vaccine Injury Compensation Trust Fund.

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DEFENDER SERVICES

For the operation of Federal Defender organizations; the compensation and reimbursement of expenses of attorneys appointed
to represent persons under 18 U.S.C. 3006A and 3599, and for
the compensation and reimbursement of expenses of persons furnishing investigative, expert, and other services for such representations as authorized by law; the compensation (in accordance with
the maximums under 18 U.S.C. 3006A) and reimbursement of
expenses of attorneys appointed to assist the court in criminal
cases where the defendant has waived representation by counsel;
the compensation and reimbursement of expenses of attorneys
appointed to represent jurors in civil actions for the protection
of their employment, as authorized by 28 U.S.C. 1875(d)(1); the
compensation and reimbursement of expenses of attorneys
appointed under 18 U.S.C. 983(b)(1) in connection with certain
judicial civil forfeiture proceedings; the compensation and
reimbursement of travel expenses of guardians ad litem appointed
under 18 U.S.C. 4100(b); and for necessary training and general
administrative expenses, $1,316,240,000, to remain available until
expended.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1399

FEES OF JURORS AND COMMISSIONERS

For fees and expenses of jurors as authorized by 28 U.S.C.
1871 and 1876; compensation of jury commissioners as authorized
by 28 U.S.C. 1863; and compensation of commissioners appointed
in condemnation cases pursuant to rule 71.1(h) of the Federal
Rules of Civil Procedure (28 U.S.C. Appendix Rule 71.1(h)),
$32,517,000, to remain available until expended: Provided, That
the compensation of land commissioners shall not exceed the daily
equivalent of the highest rate payable under 5 U.S.C. 5332.
COURT SECURITY
(INCLUDING TRANSFER OF FUNDS)

For necessary expenses, not otherwise provided for, incident
to the provision of protective guard services for United States
courthouses and other facilities housing Federal court operations,
and the procurement, installation, and maintenance of security
systems and equipment for United States courthouses and other
facilities housing Federal court operations, including building
ingress-egress control, inspection of mail and packages, directed
security patrols, perimeter security, basic security services provided
by the Federal Protective Service, and other similar activities as
authorized by section 1010 of the Judicial Improvement and Access
to Justice Act (Public Law 100–702), $664,011,000, of which not
to exceed $20,000,000 shall remain available until expended, to
be expended directly or transferred to the United States Marshals
Service, which shall be responsible for administering the Judicial
Facility Security Program consistent with standards or guidelines
agreed to by the Director of the Administrative Office of the United
States Courts and the Attorney General.
ADMINISTRATIVE OFFICE

OF THE

UNITED STATES COURTS

SALARIES AND EXPENSES

For necessary expenses of the Administrative Office of the
United States Courts as authorized by law, including travel as
authorized by 31 U.S.C. 1345, hire of a passenger motor vehicle
as authorized by 31 U.S.C. 1343(b), advertising and rent in the
District of Columbia and elsewhere, $95,675,000, of which not to
exceed $8,500 is authorized for official reception and representation
expenses.
FEDERAL JUDICIAL CENTER

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SALARIES AND EXPENSES

For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90–219, $29,015,000; of which $1,800,000
shall remain available through September 30, 2022, to provide
education and training to Federal court personnel; and of which
not to exceed $1,500 is authorized for official reception and representation expenses.

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134 STAT. 1400

PUBLIC LAW 116–260—DEC. 27, 2020
UNITED STATES SENTENCING COMMISSION
SALARIES AND EXPENSES

For the salaries and expenses necessary to carry out the provisions of chapter 58 of title 28, United States Code, $19,965,000,
of which not to exceed $1,000 is authorized for official reception
and representation expenses.
ADMINISTRATIVE PROVISIONS—THE JUDICIARY
(INCLUDING TRANSFER OF FUNDS)

Applicability.

Consultation.

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Reimbursement.

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SEC. 301. Appropriations and authorizations made in this title
which are available for salaries and expenses shall be available
for services as authorized by 5 U.S.C. 3109.
SEC. 302. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in this Act
may be transferred between such appropriations, but no such appropriation, except ‘‘Courts of Appeals, District Courts, and Other
Judicial Services, Defender Services’’ and ‘‘Courts of Appeals, District Courts, and Other Judicial Services, Fees of Jurors and
Commissioners’’, shall be increased by more than 10 percent by
any such transfers: Provided, That any transfer pursuant to this
section shall be treated as a reprogramming of funds under sections
604 and 608 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth
in section 608.
SEC. 303. Notwithstanding any other provision of law, the
salaries and expenses appropriation for ‘‘Courts of Appeals, District
Courts, and Other Judicial Services’’ shall be available for official
reception and representation expenses of the Judicial Conference
of the United States: Provided, That such available funds shall
not exceed $11,000 and shall be administered by the Director of
the Administrative Office of the United States Courts in the capacity
as Secretary of the Judicial Conference.
SEC. 304. Section 3315(a) of title 40, United States Code, shall
be applied by substituting ‘‘Federal’’ for ‘‘executive’’ each place it
appears.
SEC. 305. In accordance with 28 U.S.C. 561–569, and notwithstanding any other provision of law, the United States Marshals
Service shall provide, for such courthouses as its Director may
designate in consultation with the Director of the Administrative
Office of the United States Courts, for purposes of a pilot program,
the security services that 40 U.S.C. 1315 authorizes the Department
of Homeland Security to provide, except for the services specified
in 40 U.S.C. 1315(b)(2)(E). For building-specific security services
at these courthouses, the Director of the Administrative Office
of the United States Courts shall reimburse the United States
Marshals Service rather than the Department of Homeland Security.
SEC. 306. (a) Section 203(c) of the Judicial Improvements Act
of 1990 (Public Law 101–650; 28 U.S.C. 133 note), is amended
in the matter following paragraph 12—
(1) in the second sentence (relating to the District of
Kansas), by striking ‘‘29 years and 6 months’’ and inserting
‘‘30 years and 6 months’’; and

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1401

(2) in the sixth sentence (relating to the District of Hawaii),
by striking ‘‘26 years and 6 months’’ and inserting ‘‘27 years
and 6 months’’.
(b) Section 406 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. 2470; 28 U.S.C. 133 note) is amended in the second
sentence (relating to the eastern District of Missouri) by striking
‘‘27 years and 6 months’’ and inserting ‘‘28 years and 6 months’’.
(c) Section 312(c)(2) of the 21st Century Department of Justice
Appropriations Authorization Act (Public Law 107–273; 28 U.S.C.
133 note), is amended—
(1) in the first sentence by striking ‘‘18 years’’ and inserting
‘‘19 years’’;
(2) in the second sentence (relating to the central District
of California), by striking ‘‘17 years and 6 months’’ and inserting
‘‘18 years and 6 months’’; and
(3) in the third sentence (relating to the western district
of North Carolina), by striking ‘‘16 years’’ and inserting ‘‘17
years’’.
This title may be cited as the ‘‘Judiciary Appropriations Act,
2021’’.
TITLE IV

District of
Columbia
Appropriations
Act, 2021.

DISTRICT OF COLUMBIA
FEDERAL FUNDS

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FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT

For a Federal payment to the District of Columbia, to be
deposited into a dedicated account, for a nationwide program to
be administered by the Mayor, for District of Columbia resident
tuition support, $40,000,000, to remain available until expended:
Provided, That such funds, including any interest accrued thereon,
may be used on behalf of eligible District of Columbia residents
to pay an amount based upon the difference between in-State and
out-of-State tuition at public institutions of higher education, or
to pay up to $2,500 each year at eligible private institutions of
higher education: Provided further, That the awarding of such funds
may be prioritized on the basis of a resident’s academic merit,
the income and need of eligible students and such other factors
as may be authorized: Provided further, That the District of
Columbia government shall maintain a dedicated account for the
Resident Tuition Support Program that shall consist of the Federal
funds appropriated to the Program in this Act and any subsequent
appropriations, any unobligated balances from prior fiscal years,
and any interest earned in this or any fiscal year: Provided further,
That the account shall be under the control of the District of
Columbia Chief Financial Officer, who shall use those funds solely
for the purposes of carrying out the Resident Tuition Support Program: Provided further, That the Office of the Chief Financial
Officer shall provide a quarterly financial report to the Committees
on Appropriations of the House of Representatives and the Senate
for these funds showing, by object class, the expenditures made
and the purpose therefor.

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Account.

Reports.

PUBL260A

134 STAT. 1402

PUBLIC LAW 116–260—DEC. 27, 2020

FEDERAL PAYMENT FOR EMERGENCY PLANNING AND SECURITY COSTS
IN THE DISTRICT OF COLUMBIA

Determination.
Consultation.

For a Federal payment of necessary expenses, as determined
by the Mayor of the District of Columbia in written consultation
with the elected county or city officials of surrounding jurisdictions,
$38,400,000, to remain available until expended, for an additional
amount for fiscal year 2021, for the costs of providing public safety
at events related to the presence of the National Capital in the
District of Columbia, including support requested by the Director
of the United States Secret Service in carrying out protective duties
under the direction of the Secretary of Homeland Security, and
for the costs of providing support to respond to immediate and
specific terrorist threats or attacks in the District of Columbia
or surrounding jurisdictions: Provided, That, of the amount provided
under this heading in this Act, $21,872,372 shall be used for costs
associated with the Presidential Inauguration held in January 2021,
and shall be in addition to the amount made available for this
purpose in section 131 of the Continuing Appropriations Act, 2021
and Other Extensions Act (Public Law 116–159).
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA COURTS

Time period.

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Deadline.
Notification.

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For salaries and expenses for the District of Columbia Courts,
$250,088,000 to be allocated as follows: for the District of Columbia
Court of Appeals, $14,682,000, of which not to exceed $2,500 is
for official reception and representation expenses; for the Superior
Court of the District of Columbia, $125,660,000, of which not to
exceed $2,500 is for official reception and representation expenses;
for the District of Columbia Court System, $79,247,000, of which
not to exceed $2,500 is for official reception and representation
expenses; and $30,499,000, to remain available until September
30, 2022, for capital improvements for District of Columbia courthouse facilities: Provided, That funds made available for capital
improvements shall be expended consistent with the District of
Columbia Courts master plan study and facilities condition assessment: Provided further, That, in addition to the amounts appropriated herein, fees received by the District of Columbia Courts
for administering bar examinations and processing District of
Columbia bar admissions may be retained and credited to this
appropriation, to remain available until expended, for salaries and
expenses associated with such activities, notwithstanding section
450 of the District of Columbia Home Rule Act (D.C. Official Code,
sec. 1–204.50): Provided further, That notwithstanding any other
provision of law, all amounts under this heading shall be apportioned quarterly by the Office of Management and Budget and
obligated and expended in the same manner as funds appropriated
for salaries and expenses of other Federal agencies: Provided further, That 30 days after providing written notice to the Committees
on Appropriations of the House of Representatives and the Senate,
the District of Columbia Courts may reallocate not more than
$9,000,000 of the funds provided under this heading among the
items and entities funded under this heading: Provided further,
That the Joint Committee on Judicial Administration in the District
of Columbia may, by regulation, establish a program substantially
similar to the program set forth in subchapter II of chapter 35
of title 5, United States Code, for employees of the District of
Columbia Courts.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1403

FEDERAL PAYMENT FOR DEFENDER SERVICES IN DISTRICT OF
COLUMBIA COURTS

For payments authorized under section 11–2604 and section
11–2605, D.C. Official Code (relating to representation provided
under the District of Columbia Criminal Justice Act), payments
for counsel appointed in proceedings in the Family Court of the
Superior Court of the District of Columbia under chapter 23 of
title 16, D.C. Official Code, or pursuant to contractual agreements
to provide guardian ad litem representation, training, technical
assistance, and such other services as are necessary to improve
the quality of guardian ad litem representation, payments for
counsel appointed in adoption proceedings under chapter 3 of title
16, D.C. Official Code, and payments authorized under section
21–2060, D.C. Official Code (relating to services provided under
the District of Columbia Guardianship, Protective Proceedings, and
Durable Power of Attorney Act of 1986), $46,005,000, to remain
available until expended: Provided, That funds provided under this
heading shall be administered by the Joint Committee on Judicial
Administration in the District of Columbia: Provided further, That,
notwithstanding any other provision of law, this appropriation shall
be apportioned quarterly by the Office of Management and Budget
and obligated and expended in the same manner as funds appropriated for expenses of other Federal agencies.

Time period.

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FEDERAL PAYMENT TO THE COURT SERVICES AND OFFENDER
SUPERVISION AGENCY FOR THE DISTRICT OF COLUMBIA

For salaries and expenses, including the transfer and hire
of motor vehicles, of the Court Services and Offender Supervision
Agency for the District of Columbia, as authorized by the National
Capital Revitalization and Self-Government Improvement Act of
1997, $245,923,000, of which not to exceed $2,000 is for official
reception and representation expenses related to Community Supervision and Pretrial Services Agency programs, and of which not
to exceed $25,000 is for dues and assessments relating to the
implementation of the Court Services and Offender Supervision
Agency Interstate Supervision Act of 2002: Provided, That, of the
funds appropriated under this heading, $179,180,000 shall be for
necessary expenses of Community Supervision and Sex Offender
Registration, to include expenses relating to the supervision of
adults subject to protection orders or the provision of services for
or related to such persons: Provided further, That, of the funds
appropriated under this heading, $66,743,000 shall be available
to the Pretrial Services Agency, of which $459,000 shall remain
available until September 30, 2023, for costs associated with relocation under a replacement lease for headquarters offices, field offices,
and related facilities: Provided further, That notwithstanding any
other provision of law, all amounts under this heading shall be
apportioned quarterly by the Office of Management and Budget
and obligated and expended in the same manner as funds appropriated for salaries and expenses of other Federal agencies: Provided
further, That amounts under this heading may be used for programmatic incentives for defendants to successfully complete their
terms of supervision.

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Time period.

PUBL260A

134 STAT. 1404

PUBLIC LAW 116–260—DEC. 27, 2020

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA PUBLIC DEFENDER
SERVICE

Time period.

For salaries and expenses, including the transfer and hire
of motor vehicles, of the District of Columbia Public Defender
Service, as authorized by the National Capital Revitalization and
Self-Government Improvement Act of 1997, $46,212,000: Provided,
That notwithstanding any other provision of law, all amounts under
this heading shall be apportioned quarterly by the Office of Management and Budget and obligated and expended in the same manner
as funds appropriated for salaries and expenses of Federal agencies:
Provided further, That the District of Columbia Public Defender
Service may establish for employees of the District of Columbia
Public Defender Service a program substantially similar to the
program set forth in subchapter II of chapter 35 of title 5, United
States Code, except that the maximum amount of the payment
made under the program to any individual may not exceed the
amount referred to in section 3523(b)(3)(B) of title 5, United States
Code: Provided further, That for the purposes of engaging with,
and receiving services from, Federal Franchise Fund Programs
established in accordance with section 403 of the Government
Management Reform Act of 1994, as amended, the District of
Columbia Public Defender Service shall be considered an agency
of the United States Government.
FEDERAL PAYMENT TO THE CRIMINAL JUSTICE COORDINATING
COUNCIL

For a Federal payment to the Criminal Justice Coordinating
Council, $2,150,000, to remain available until expended, to support
initiatives related to the coordination of Federal and local criminal
justice resources in the District of Columbia.
FEDERAL PAYMENT FOR JUDICIAL COMMISSIONS

For a Federal payment, to remain available until September
30, 2022, to the Commission on Judicial Disabilities and Tenure,
$325,000, and for the Judicial Nomination Commission, $275,000.
FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT

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Scholarships.

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For a Federal payment for a school improvement program
in the District of Columbia, $52,500,000, to remain available until
expended, for payments authorized under the Scholarships for
Opportunity and Results Act (division C of Public Law 112–10):
Provided, That, to the extent that funds are available for opportunity scholarships and following the priorities included in section
3006 of such Act, the Secretary of Education shall make scholarships available to students eligible under section 3013(3) of such
Act (Public Law 112–10; 125 Stat. 211) including students who
were not offered a scholarship during any previous school year:
Provided further, That within funds provided for opportunity scholarships up to $1,750,000 shall be for the activities specified in
sections 3007(b) through 3007(d) of the Act and up to $500,000
shall be for the activities specified in section 3009 of the Act.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1405

FEDERAL PAYMENT FOR THE DISTRICT OF COLUMBIA NATIONAL GUARD

For a Federal payment to the District of Columbia National
Guard, $600,000, to remain available until expended for the Major
General David F. Wherley, Jr. District of Columbia National Guard
Retention and College Access Program.
FEDERAL PAYMENT FOR TESTING AND TREATMENT OF HIV/AIDS

For a Federal payment to the District of Columbia for the
testing of individuals for, and the treatment of individuals with,
human immunodeficiency virus and acquired immunodeficiency syndrome in the District of Columbia, $4,000,000.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA WATER AND
SEWER AUTHORITY

For a Federal payment to the District of Columbia Water
and Sewer Authority, $8,000,000, to remain available until
expended, to continue implementation of the Combined Sewer Overflow Long-Term Plan: Provided, That the District of Columbia Water
and Sewer Authority provides a 100 percent match for this payment.

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DISTRICT

OF

COLUMBIA FUNDS

Local funds are appropriated for the District of Columbia for
the current fiscal year out of the General Fund of the District
of Columbia (‘‘General Fund’’) for programs and activities set forth
in the Fiscal Year 2021 Local Budget Act of 2020 (D.C. Act 23–
408) and at rates set forth under such Act, as amended as of
the date of enactment of this Act: Provided, That notwithstanding
any other provision of law, except as provided in section 450A
of the District of Columbia Home Rule Act (section 1–204.50a,
D.C. Official Code), sections 816 and 817 of the Financial Services
and General Government Appropriations Act, 2009 (secs. 47–369.01
and 47–369.02, D.C. Official Code), and provisions of this Act,
the total amount appropriated in this Act for operating expenses
for the District of Columbia for fiscal year 2021 under this heading
shall not exceed the estimates included in the Fiscal Year 2021
Local Budget Act of 2020, as amended as of the date of enactment
of this Act or the sum of the total revenues of the District of
Columbia for such fiscal year: Provided further, That the amount
appropriated may be increased by proceeds of one-time transactions,
which are expended for emergency or unanticipated operating or
capital needs: Provided further, That such increases shall be
approved by enactment of local District law and shall comply with
all reserve requirements contained in the District of Columbia
Home Rule Act: Provided further, That the Chief Financial Officer
of the District of Columbia shall take such steps as are necessary
to assure that the District of Columbia meets these requirements,
including the apportioning by the Chief Financial Officer of the
appropriations and funds made available to the District during
fiscal year 2021, except that the Chief Financial Officer may not
reprogram for operating expenses any funds derived from bonds,
notes, or other obligations issued for capital projects.
This title may be cited as the ‘‘District of Columbia Appropriations Act, 2021’’.

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PUBL260A

134 STAT. 1406

PUBLIC LAW 116–260—DEC. 27, 2020
TITLE V
INDEPENDENT AGENCIES
ADMINISTRATIVE CONFERENCE

OF THE

UNITED STATES

SALARIES AND EXPENSES

For necessary expenses of the Administrative Conference of
the United States, authorized by 5 U.S.C. 591 et seq., $3,400,000,
to remain available until September 30, 2022, of which not to
exceed $1,000 is for official reception and representation expenses.
COMMODITY FUTURES TRADING COMMISSION
(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses to carry out the provisions of the Commodity Exchange Act (7 U.S.C. 1 et seq.), including the purchase
and hire of passenger motor vehicles, and the rental of space (to
include multiple year leases), in the District of Columbia and elsewhere, $304,000,000, including not to exceed $3,000 for official
reception and representation expenses, and not to exceed $25,000
for the expenses for consultations and meetings hosted by the
Commission with foreign governmental and other regulatory officials, of which not less than $20,000,000 shall remain available
until September 30, 2022, and of which not less than $3,568,000
shall be for expenses of the Office of the Inspector General: Provided, That notwithstanding the limitations in 31 U.S.C. 1553,
amounts provided under this heading are available for the liquidation of obligations equal to current year payments on leases entered
into prior to the date of enactment of this Act: Provided further,
That for the purpose of recording and liquidating any lease obligations that should have been recorded and liquidated against
accounts closed pursuant to 31 U.S.C. 1552, and consistent with
the preceding proviso, such amounts shall be transferred to and
recorded in a no-year account in the Treasury, which has been
established for the sole purpose of recording adjustments for and
liquidating such unpaid obligations.
CONSUMER PRODUCT SAFETY COMMISSION

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SALARIES AND EXPENSES

For necessary expenses of the Consumer Product Safety
Commission, including hire of passenger motor vehicles, services
as authorized by 5 U.S.C. 3109, but at rates for individuals not
to exceed the per diem rate equivalent to the maximum rate payable
under 5 U.S.C. 5376, purchase of nominal awards to recognize
non-Federal officials’ contributions to Commission activities, and
not to exceed $4,000 for official reception and representation
expenses, $135,000,000, of which $1,300,000 shall remain available
until expended to carry out the program, including administrative
costs, required by section 1405 of the Virginia Graeme Baker Pool
and Spa Safety Act (Public Law 110–140; 15 U.S.C. 8004).

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1407

ADMINISTRATIVE PROVISION—CONSUMER PRODUCT SAFETY
COMMISSION

SEC. 501. During fiscal year 2021, none of the amounts made
available by this Act may be used to finalize or implement the
Safety Standard for Recreational Off-Highway Vehicles published
by the Consumer Product Safety Commission in the Federal Register on November 19, 2014 (79 Fed. Reg. 68964) until after—
(1) the National Academy of Sciences, in consultation with
the National Highway Traffic Safety Administration and the
Department of Defense, completes a study to determine—
(A) the technical validity of the lateral stability and
vehicle handling requirements proposed by such standard
for purposes of reducing the risk of Recreational Off-Highway Vehicle (referred to in this section as ‘‘ROV’’) rollovers
in the off-road environment, including the repeatability
and reproducibility of testing for compliance with such
requirements;
(B) the number of ROV rollovers that would be prevented if the proposed requirements were adopted;
(C) whether there is a technical basis for the proposal
to provide information on a point-of-sale hangtag about
a ROV’s rollover resistance on a progressive scale; and
(D) the effect on the utility of ROVs used by the United
States military if the proposed requirements were adopted;
and
(2) a report containing the results of the study completed
under paragraph (1) is delivered to—
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Committee on Energy and Commerce of the
House of Representatives;
(C) the Committee on Appropriations of the Senate;
and
(D) the Committee on Appropriations of the House
of Representatives.

Consultation.
Study.
Determination.

Reports.

ELECTION ASSISTANCE COMMISSION
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out the Help America Vote
Act of 2002 (Public Law 107–252), $17,000,000, of which $1,500,000
shall be transferred to the National Institute of Standards and
Technology for election reform activities authorized under the Help
America Vote Act of 2002.
FEDERAL COMMUNICATIONS COMMISSION

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SALARIES AND EXPENSES

For necessary expenses of the Federal Communications
Commission, as authorized by law, including uniforms and allowances therefor, as authorized by 5 U.S.C. 5901–5902; not to exceed
$4,000 for official reception and representation expenses; purchase
and hire of motor vehicles; special counsel fees; and services as

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134 STAT. 1408

PUBLIC LAW 116–260—DEC. 27, 2020

authorized by 5 U.S.C. 3109, $341,000,000, to remain available
until expended: Provided, That in addition, $33,000,000, shall be
made available until expended for implementing title VIII of the
Communications Act of 1934 (47 U.S.C. 641 et seq.), as added
by the Broadband DATA Act (Public Law 116–130): Provided further, That $374,000,000 of offsetting collections shall be assessed
and collected pursuant to section 9 of title I of the Communications
Act of 1934, shall be retained and used for necessary expenses
and shall remain available until expended: Provided further, That
the sum herein appropriated shall be reduced as such offsetting
collections are received during fiscal year 2021 so as to result
in a final fiscal year 2021 appropriation estimated at $0: Provided
further, That, notwithstanding 47 U.S.C. 309(j)(8)(B), proceeds from
the use of a competitive bidding system that may be retained
and made available for obligation shall not exceed $134,495,000
for fiscal year 2021: Provided further, That, of the amount appropriated under this heading, not less than $11,326,800 shall be
for the salaries and expenses of the Office of Inspector General.
ADMINISTRATIVE PROVISIONS—FEDERAL COMMUNICATIONS
COMMISSION

113 Stat. 3998.

SEC. 510. Section 302 of the Universal Service Antideficiency
Temporary Suspension Act is amended by striking ‘‘December 31,
2020’’ each place it appears and inserting ‘‘December 31, 2021’’.
SEC. 511. None of the funds appropriated by this Act may
be used by the Federal Communications Commission to modify,
amend, or change its rules or regulations for universal service
support payments to implement the February 27, 2004, recommendations of the Federal-State Joint Board on Universal
Service regarding single connection or primary line restrictions
on universal service support payments.
FEDERAL DEPOSIT INSURANCE CORPORATION
OFFICE OF THE INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$42,982,000, to be derived from the Deposit Insurance Fund or,
only when appropriate, the FSLIC Resolution Fund.
FEDERAL ELECTION COMMISSION
SALARIES AND EXPENSES

For necessary expenses to carry out the provisions of the Federal Election Campaign Act of 1971, $71,497,000, of which not
to exceed $5,000 shall be available for reception and representation
expenses.
FEDERAL LABOR RELATIONS AUTHORITY

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SALARIES AND EXPENSES

For necessary expenses to carry out functions of the Federal
Labor Relations Authority, pursuant to Reorganization Plan Numbered 2 of 1978, and the Civil Service Reform Act of 1978, including

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1409

services authorized by 5 U.S.C. 3109, and including hire of experts
and consultants, hire of passenger motor vehicles, and including
official reception and representation expenses (not to exceed $1,500)
and rental of conference rooms in the District of Columbia and
elsewhere, $26,600,000: Provided, That public members of the Federal Service Impasses Panel may be paid travel expenses and per
diem in lieu of subsistence as authorized by law (5 U.S.C. 5703)
for persons employed intermittently in the Government service,
and compensation as authorized by 5 U.S.C. 3109: Provided further,
That, notwithstanding 31 U.S.C. 3302, funds received from fees
charged to non-Federal participants at labor-management relations
conferences shall be credited to and merged with this account,
to be available without further appropriation for the costs of carrying out these conferences.
FEDERAL PERMITTING IMPROVEMENT STEERING COUNCIL
ENVIRONMENTAL REVIEW IMPROVEMENT FUND
(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Environmental Review Improvement Fund established pursuant to 42 U.S.C. 4370m–8(d),
$10,000,000, to remain available until expended: Provided, That
funds appropriated in prior appropriations Acts under the heading
‘‘General Services Administration—General Activities—Environmental Review Improvement Fund’’ shall be transferred to and
merged with this account.
FEDERAL TRADE COMMISSION

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SALARIES AND EXPENSES

For necessary expenses of the Federal Trade Commission,
including uniforms or allowances therefor, as authorized by 5 U.S.C.
5901–5902; services as authorized by 5 U.S.C. 3109; hire of passenger motor vehicles; and not to exceed $2,000 for official reception
and representation expenses, $351,000,000, to remain available
until expended: Provided, That not to exceed $300,000 shall be
available for use to contract with a person or persons for collection
services in accordance with the terms of 31 U.S.C. 3718: Provided
further, That, notwithstanding any other provision of law, not to
exceed $150,000,000 of offsetting collections derived from fees collected for premerger notification filings under the Hart-Scott-Rodino
Antitrust Improvements Act of 1976 (15 U.S.C. 18a), regardless
of the year of collection, shall be retained and used for necessary
expenses in this appropriation: Provided further, That, notwithstanding any other provision of law, not to exceed $19,000,000
in offsetting collections derived from fees sufficient to implement
and enforce the Telemarketing Sales Rule, promulgated under the
Telemarketing and Consumer Fraud and Abuse Prevention Act
(15 U.S.C. 6101 et seq.), shall be credited to this account, and
be retained and used for necessary expenses in this appropriation:
Provided further, That the sum herein appropriated from the general fund shall be reduced as such offsetting collections are received
during fiscal year 2021, so as to result in a final fiscal year 2021
appropriation from the general fund estimated at not more than

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134 STAT. 1410

PUBLIC LAW 116–260—DEC. 27, 2020

$182,000,000: Provided further, That none of the funds made available to the Federal Trade Commission may be used to implement
subsection (e)(2)(B) of section 43 of the Federal Deposit Insurance
Act (12 U.S.C. 1831t).
GENERAL SERVICES ADMINISTRATION
REAL PROPERTY ACTIVITIES
FEDERAL BUILDINGS FUND
LIMITATIONS ON AVAILABILITY OF REVENUE
(INCLUDING TRANSFERS OF FUNDS)

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Advance
approvals.

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Amounts in the Fund, including revenues and collections deposited into the Fund, shall be available for necessary expenses of
real property management and related activities not otherwise provided for, including operation, maintenance, and protection of federally owned and leased buildings; rental of buildings in the District
of Columbia; restoration of leased premises; moving governmental
agencies (including space adjustments and telecommunications
relocation expenses) in connection with the assignment, allocation,
and transfer of space; contractual services incident to cleaning
or servicing buildings, and moving; repair and alteration of federally
owned buildings, including grounds, approaches, and appurtenances; care and safeguarding of sites; maintenance, preservation,
demolition, and equipment; acquisition of buildings and sites by
purchase, condemnation, or as otherwise authorized by law; acquisition of options to purchase buildings and sites; conversion and
extension of federally owned buildings; preliminary planning and
design of projects by contract or otherwise; construction of new
buildings (including equipment for such buildings); and payment
of principal, interest, and any other obligations for public buildings
acquired by installment purchase and purchase contract; in the
aggregate amount of $9,065,489,000, of which—
(1) $230,000,000 shall remain available until expended for
construction and acquisition (including funds for sites and
expenses, and associated design and construction services) as
follows:
(A) $135,500,000 shall be for the United States Courthouse, Hartford, Connecticut; and
(B) $94,500,000 shall be for the United States Courthouse, Chattanooga, Tennessee:
Provided, That each of the foregoing limits of costs on new
construction and acquisition projects may be exceeded to the
extent that savings are effected in other such projects, but
not to exceed 10 percent of the amounts included in a transmitted prospectus, if required, unless advance approval is
obtained from the Committees on Appropriations of a greater
amount;
(2) $576,581,000 shall remain available until expended for
repairs and alterations, including associated design and
construction services, of which—
(A) $203,908,000 is for Major Repairs and Alterations;
and
(B) $372,673,000 is for Basic Repairs and Alterations:

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1411

Provided, That funds made available in this or any previous
Act in the Federal Buildings Fund for Repairs and Alterations
shall, for prospectus projects, be limited to the amount identified for each project, except each project in this or any previous
Act may be increased by an amount not to exceed 10 percent
unless advance approval is obtained from the Committees on
Appropriations of a greater amount: Provided further, That
additional projects for which prospectuses have been fully
approved may be funded under this category only if advance
approval is obtained from the Committees on Appropriations:
Provided further, That the amounts provided in this or any
prior Act for ‘‘Repairs and Alterations’’ may be used to fund
costs associated with implementing security improvements to
buildings necessary to meet the minimum standards for security
in accordance with current law and in compliance with the
reprogramming guidelines of the appropriate Committees of
the House and Senate: Provided further, That the difference
between the funds appropriated and expended on any projects
in this or any prior Act, under the heading ‘‘Repairs and Alterations’’, may be transferred to ‘‘Basic Repairs and Alterations’’
or used to fund authorized increases in prospectus projects:
Provided further, That the amount provided in this or any
prior Act for ‘‘Basic Repairs and Alterations’’ may be used
to pay claims against the Government arising from any projects
under the heading ‘‘Repairs and Alterations’’ or used to fund
authorized increases in prospectus projects;
(3) $5,725,464,000 for rental of space to remain available
until expended; and
(4) $2,533,444,000 for building operations to remain available until expended: Provided, That the total amount of funds
made available from this Fund to the General Services Administration shall not be available for expenses of any construction,
repair, alteration and acquisition project for which a prospectus,
if required by 40 U.S.C. 3307(a), has not been approved, except
that necessary funds may be expended for each project for
required expenses for the development of a proposed prospectus:
Provided further, That funds available in the Federal Buildings
Fund may be expended for emergency repairs when advance
approval is obtained from the Committees on Appropriations:
Provided further, That amounts necessary to provide reimbursable special services to other agencies under 40 U.S.C. 592(b)(2)
and amounts to provide such reimbursable fencing, lighting,
guard booths, and other facilities on private or other property
not in Government ownership or control as may be appropriate
to enable the United States Secret Service to perform its protective functions pursuant to 18 U.S.C. 3056, shall be available
from such revenues and collections: Provided further, That revenues and collections and any other sums accruing to this Fund
during fiscal year 2021, excluding reimbursements under 40
U.S.C. 592(b)(2), in excess of the aggregate new obligational
authority authorized for Real Property Activities of the Federal
Buildings Fund in this Act shall remain in the Fund and
shall not be available for expenditure except as authorized
in appropriations Acts.

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134 STAT. 1412

PUBLIC LAW 116–260—DEC. 27, 2020
GENERAL ACTIVITIES
GOVERNMENT-WIDE POLICY

For expenses authorized by law, not otherwise provided for,
for Government-wide policy and evaluation activities associated
with the management of real and personal property assets and
certain administrative services; Government-wide policy support
responsibilities relating to acquisition, travel, motor vehicles,
information technology management, and related technology activities; and services as authorized by 5 U.S.C. 3109; $64,000,000.
OPERATING EXPENSES

For expenses authorized by law, not otherwise provided for,
for Government-wide activities associated with utilization and donation of surplus personal property; disposal of real property; agencywide policy direction, management, and communications; and services as authorized by 5 U.S.C. 3109; $49,440,000, of which
$26,890,000 is for Real and Personal Property Management and
Disposal; and of which $22,550,000 is for the Office of the Administrator, of which not to exceed $7,500 is for official reception and
representation expenses.
CIVILIAN BOARD OF CONTRACT APPEALS

For expenses authorized by law, not otherwise provided for,
for the activities associated with the Civilian Board of Contract
Appeals, $9,301,000, of which $2,000,000 shall remain available
until September 30, 2022.
OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General and
service authorized by 5 U.S.C. 3109, $67,000,000: Provided, That
not to exceed $50,000 shall be available for payment for information
and detection of fraud against the Government, including payment
for recovery of stolen Government property: Provided further, That
not to exceed $2,500 shall be available for awards to employees
of other Federal agencies and private citizens in recognition of
efforts and initiatives resulting in enhanced Office of Inspector
General effectiveness.
ALLOWANCES AND OFFICE STAFF FOR FORMER PRESIDENTS

For carrying out the provisions of the Act of August 25, 1958
(3 U.S.C. 102 note), and Public Law 95–138, $4,400,000.
FEDERAL CITIZEN SERVICES FUND

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(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Office of Products and Programs,
including services authorized by 40 U.S.C. 323 and 44 U.S.C. 3604;
and for necessary expenses in support of interagency projects that
enable the Federal Government to enhance its ability to conduct
activities electronically, through the development and implementation of innovative uses of information technology; $55,000,000, to
be deposited into the Federal Citizen Services Fund: Provided,

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134 STAT. 1413

That the previous amount may be transferred to Federal agencies
to carry out the purpose of the Federal Citizen Services Fund:
Provided further, That the appropriations, revenues, reimbursements, and collections deposited into the Fund shall be available
until expended for necessary expenses of Federal Citizen Services
and other activities that enable the Federal Government to enhance
its ability to conduct activities electronically in the aggregate
amount not to exceed $100,000,000: Provided further, That appropriations, revenues, reimbursements, and collections accruing to
this Fund during fiscal year 2021 in excess of such amount shall
remain in the Fund and shall not be available for expenditure
except as authorized in appropriations Acts: Provided further, That,
of the total amount appropriated, up to $5,000,000 shall be available
for support functions and full-time hires to support activities related
to the Administration’s requirements under title II of the Foundations for Evidence-Based Policymaking Act (Public Law 115–435):
Provided further, That the transfer authorities provided herein
shall be in addition to any other transfer authority provided in
this Act.
EXPENSES, PRESIDENTIAL TRANSITION
(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses to carry out the Presidential Transition
Act of 1963 (3 U.S.C. 102 note) and 40 U.S.C. 581(e), $9,900,000,
of which not to exceed $1,000,000 is for activities authorized by
sections 3(a)(8) and 3(a)(9) of the Act: Provided, That such amounts
may be transferred and credited to the ‘‘Acquisition Services Fund’’
or ‘‘Federal Buildings Fund’’ to reimburse obligations incurred prior
to enactment of this Act for the purposes provided herein related
to the Presidential election in 2020: Provided further, That amounts
available under this heading shall be in addition to any other
amounts available for such purposes: Provided further, That in
the case where the President-elect is the incumbent President or
in the case where the Vice-President-elect is the incumbent Vice
President, $8,900,000 is hereby permanently rescinded, pursuant
to section 3(g) of the Presidential Transition Act of 1963.

Reimbursements.

Rescission.

TECHNOLOGY MODERNIZATION FUND

For the Technology Modernization Fund, $25,000,000, to remain
available until expended, for technology-related modernization
activities.
ASSET PROCEEDS AND SPACE MANAGEMENT FUND

For carrying out section 16(b) of the Federal Assets Sale and
Transfer Act of 2016 (40 U.S.C. 1303 note), $16,000,000, to remain
available until expended.
ADMINISTRATIVE PROVISIONS—GENERAL SERVICES ADMINISTRATION

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(INCLUDING TRANSFER OF FUNDS)

SEC. 520. Funds available to the General Services Administration shall be available for the hire of passenger motor vehicles.

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Advance
approval.
Courts.
Study.

Determination.

Notification.

Contracts.
Determination.
Statement.

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Spending plan.
Deadline.

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PUBLIC LAW 116–260—DEC. 27, 2020

SEC. 521. Funds in the Federal Buildings Fund made available
for fiscal year 2021 for Federal Buildings Fund activities may
be transferred between such activities only to the extent necessary
to meet program requirements: Provided, That any proposed transfers shall be approved in advance by the Committees on Appropriations of the House of Representatives and the Senate.
SEC. 522. Except as otherwise provided in this title, funds
made available by this Act shall be used to transmit a fiscal year
2022 request for United States Courthouse construction only if
the request: (1) meets the design guide standards for construction
as established and approved by the General Services Administration, the Judicial Conference of the United States, and the Office
of Management and Budget; (2) reflects the priorities of the Judicial
Conference of the United States as set out in its approved Courthouse Project Priorities plan; and (3) includes a standardized courtroom utilization study of each facility to be constructed, replaced,
or expanded.
SEC. 523. None of the funds provided in this Act may be
used to increase the amount of occupiable square feet, provide
cleaning services, security enhancements, or any other service usually provided through the Federal Buildings Fund, to any agency
that does not pay the rate per square foot assessment for space
and services as determined by the General Services Administration
in consideration of the Public Buildings Amendments Act of 1972
(Public Law 92–313).
SEC. 524. From funds made available under the heading ‘‘Federal Buildings Fund, Limitations on Availability of Revenue’’, claims
against the Government of less than $250,000 arising from direct
construction projects and acquisition of buildings may be liquidated
from savings effected in other construction projects with prior
notification to the Committees on Appropriations of the House
of Representatives and the Senate.
SEC. 525. In any case in which the Committee on Transportation and Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate adopt
a resolution granting lease authority pursuant to a prospectus
transmitted to Congress by the Administrator of the General Services Administration under 40 U.S.C. 3307, the Administrator shall
ensure that the delineated area of procurement is identical to
the delineated area included in the prospectus for all lease agreements, except that, if the Administrator determines that the delineated area of the procurement should not be identical to the delineated area included in the prospectus, the Administrator shall
provide an explanatory statement to each of such committees and
the Committees on Appropriations of the House of Representatives
and the Senate prior to exercising any lease authority provided
in the resolution.
SEC. 526. With respect to each project funded under the heading
‘‘Major Repairs and Alterations’’, and with respect to E–Government
projects funded under the heading ‘‘Federal Citizen Services Fund’’,
the Administrator of General Services shall submit a spending
plan and explanation for each project to be undertaken to the
Committees on Appropriations of the House of Representatives and
the Senate not later than 60 days after the date of enactment
of this Act.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1415

HARRY S TRUMAN SCHOLARSHIP FOUNDATION
SALARIES AND EXPENSES

For payment to the Harry S Truman Scholarship Foundation
Trust Fund, established by section 10 of Public Law 93–642,
$2,000,000, to remain available until expended.
MERIT SYSTEMS PROTECTION BOARD
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out functions of the Merit
Systems Protection Board pursuant to Reorganization Plan Numbered 2 of 1978, the Civil Service Reform Act of 1978, and the
Whistleblower Protection Act of 1989 (5 U.S.C. 5509 note), including
services as authorized by 5 U.S.C. 3109, rental of conference rooms
in the District of Columbia and elsewhere, hire of passenger motor
vehicles, direct procurement of survey printing, and not to exceed
$2,000 for official reception and representation expenses,
$44,490,000, to remain available until September 30, 2022, and
in addition not to exceed $2,345,000, to remain available until
September 30, 2022, for administrative expenses to adjudicate
retirement appeals to be transferred from the Civil Service Retirement and Disability Fund in amounts determined by the Merit
Systems Protection Board.
MORRIS K. UDALL

AND

STEWART L. UDALL FOUNDATION

MORRIS K. UDALL AND STEWART L. UDALL TRUST FUND

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(INCLUDING TRANSFER OF FUNDS)

For payment to the Morris K. Udall and Stewart L. Udall
Trust Fund, pursuant to the Morris K. Udall and Stewart L. Udall
Foundation Act (20 U.S.C. 5601 et seq.), $1,800,000, to remain
available until expended, of which, notwithstanding sections 8 and
9 of such Act, up to $1,000,000 shall be available to carry out
the activities authorized by section 6(7) of Public Law 102–259
and section 817(a) of Public Law 106–568 (20 U.S.C. 5604(7)):
Provided, That all current and previous amounts transferred to
the Office of Inspector General of the Department of the Interior
will remain available until expended for audits and investigations
of the Morris K. Udall and Stewart L. Udall Foundation, consistent
with the Inspector General Act of 1978 (5 U.S.C. App.), as amended,
and for annual independent financial audits of the Morris K. Udall
and Stewart L. Udall Foundation pursuant to the Accountability
of Tax Dollars Act of 2002 (Public Law 107–289): Provided further,
That previous amounts transferred to the Office of Inspector General of the Department of the Interior may be transferred to the
Morris K. Udall and Stewart L. Udall Foundation for annual independent financial audits pursuant to the Accountability of Tax
Dollars Act of 2002 (Public Law 107–289).

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134 STAT. 1416

PUBLIC LAW 116–260—DEC. 27, 2020
ENVIRONMENTAL DISPUTE RESOLUTION FUND

For payment to the Environmental Dispute Resolution Fund
to carry out activities authorized in the Environmental Policy and
Conflict Resolution Act of 1998, $3,200,000, to remain available
until expended.
NATIONAL ARCHIVES

AND

RECORDS ADMINISTRATION

OPERATING EXPENSES

For necessary expenses in connection with the administration
of the National Archives and Records Administration and archived
Federal records and related activities, as provided by law, and
for expenses necessary for the review and declassification of documents, the activities of the Public Interest Declassification Board,
the operations and maintenance of the electronic records archives,
the hire of passenger motor vehicles, and for uniforms or allowances
therefor, as authorized by law (5 U.S.C. 5901), including maintenance, repairs, and cleaning, $377,000,000, of which $9,230,000
shall remain available until expended for improvements necessary
to enhance the Federal Government’s ability to electronically preserve, manage, and store Government records, and of which up
to $2,000,000 shall remain available until expended to implement
the Civil Rights Cold Case Records Collection Act of 2018 (Public
Law 115–426).
OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Reform Act
of 2008, Public Law 110–409, 122 Stat. 4302–16 (2008), and the
Inspector General Act of 1978 (5 U.S.C. App.), and for the hire
of passenger motor vehicles, $4,823,000.
REPAIRS AND RESTORATION

For the repair, alteration, and improvement of archives facilities, and to provide adequate storage for holdings, $9,500,000, to
remain available until expended.
NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION
GRANTS PROGRAM

For necessary expenses for allocations and grants for historical
publications and records as authorized by 44 U.S.C. 2504,
$6,500,000, to remain available until expended.
NATIONAL CREDIT UNION ADMINISTRATION

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COMMUNITY DEVELOPMENT REVOLVING LOAN FUND

For the Community Development Revolving Loan Fund program as authorized by 42 U.S.C. 9812, 9822 and 9910, $1,500,000
shall be available until September 30, 2022, for technical assistance
to low-income designated credit unions.

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PUBLIC LAW 116–260—DEC. 27, 2020
OFFICE

OF

134 STAT. 1417

GOVERNMENT ETHICS

SALARIES AND EXPENSES

For necessary expenses to carry out functions of the Office
of Government Ethics pursuant to the Ethics in Government Act
of 1978, the Ethics Reform Act of 1989, and the Stop Trading
on Congressional Knowledge Act of 2012, including services as
authorized by 5 U.S.C. 3109, rental of conference rooms in the
District of Columbia and elsewhere, hire of passenger motor
vehicles, and not to exceed $1,500 for official reception and representation expenses, $18,600,000.
OFFICE

OF

PERSONNEL MANAGEMENT

SALARIES AND EXPENSES

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(INCLUDING TRANSFER OF TRUST FUNDS)

For necessary expenses to carry out functions of the Office
of Personnel Management (OPM) pursuant to Reorganization Plan
Numbered 2 of 1978 and the Civil Service Reform Act of 1978,
including services as authorized by 5 U.S.C. 3109; medical examinations performed for veterans by private physicians on a fee basis;
rental of conference rooms in the District of Columbia and elsewhere; hire of passenger motor vehicles; not to exceed $2,500 for
official reception and representation expenses; and payment of per
diem and/or subsistence allowances to employees where Voting
Rights Act activities require an employee to remain overnight at
his or her post of duty, $160,130,000: Provided, That of the total
amount made available under this heading, at least $9,000,000
shall remain available until expended, for information technology
infrastructure modernization and Trust Fund Federal Financial
System migration or modernization, and shall be in addition to
funds otherwise made available for such purposes: Provided further,
That of the total amount made available under this heading, not
less than $350,000 shall be used to hire additional congressional
liaisons: Provided further, That of the total amount made available
under this heading, $1,068,000 may be made available for strengthening the capacity and capabilities of the acquisition workforce
(as defined by the Office of Federal Procurement Policy Act, as
amended (41 U.S.C. 4001 et seq.)), including the recruitment, hiring,
training, and retention of such workforce and information technology in support of acquisition workforce effectiveness or for
management solutions to improve acquisition management; and
in addition $169,625,000 for administrative expenses, to be transferred from the appropriate trust funds of OPM without regard
to other statutes, including direct procurement of printed materials,
for the retirement and insurance programs: Provided further, That
the provisions of this appropriation shall not affect the authority
to use applicable trust funds as provided by sections 8348(a)(1)(B),
8958(f)(2)(A), 8988(f)(2)(A), and 9004(f)(2)(A) of title 5, United States
Code: Provided further, That no part of this appropriation shall
be available for salaries and expenses of the Legal Examining
Unit of OPM established pursuant to Executive Order No. 9358
of July 1, 1943, or any successor unit of like purpose: Provided
further, That the President’s Commission on White House Fellows,
established by Executive Order No. 11183 of October 3, 1964, may,

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Donations.

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134 STAT. 1418

PUBLIC LAW 116–260—DEC. 27, 2020

during fiscal year 2021, accept donations of money, property, and
personal services: Provided further, That such donations, including
those from prior years, may be used for the development of publicity
materials to provide information about the White House Fellows,
except that no such donations shall be accepted for travel or
reimbursement of travel expenses, or for the salaries of employees
of such Commission.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF TRUST FUNDS)

For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
including services as authorized by 5 U.S.C. 3109, hire of passenger
motor vehicles, $5,000,000, and in addition, not to exceed
$27,265,000 for administrative expenses to audit, investigate, and
provide other oversight of the Office of Personnel Management’s
retirement and insurance programs, to be transferred from the
appropriate trust funds of the Office of Personnel Management,
as determined by the Inspector General: Provided, That the
Inspector General is authorized to rent conference rooms in the
District of Columbia and elsewhere.
OFFICE

OF

SPECIAL COUNSEL

SALARIES AND EXPENSES

For necessary expenses to carry out functions of the Office
of Special Counsel, including services as authorized by 5 U.S.C.
3109, payment of fees and expenses for witnesses, rental of conference rooms in the District of Columbia and elsewhere, and hire
of passenger motor vehicles; $29,500,000.
POSTAL REGULATORY COMMISSION
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Postal Regulatory Commission
in carrying out the provisions of the Postal Accountability and
Enhancement Act (Public Law 109–435), $17,000,000, to be derived
by transfer from the Postal Service Fund and expended as authorized by section 603(a) of such Act.
PRIVACY

AND

CIVIL LIBERTIES OVERSIGHT BOARD

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SALARIES AND EXPENSES

For necessary expenses of the Privacy and Civil Liberties Oversight Board, as authorized by section 1061 of the Intelligence
Reform and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee),
$8,500,000, to remain available until September 30, 2022.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1419

PUBLIC BUILDINGS REFORM BOARD
SALARIES AND EXPENSES

For salaries and expenses of the Public Buildings Reform Board
in carrying out the Federal Assets Sale and Transfer Act of 2016
(Public Law 114–287), $3,500,000, to remain available until
expended.
SECURITIES

AND

EXCHANGE COMMISSION

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SALARIES AND EXPENSES

For necessary expenses for the Securities and Exchange
Commission, including services as authorized by 5 U.S.C. 3109,
the rental of space (to include multiple year leases) in the District
of Columbia and elsewhere, and not to exceed $3,500 for official
reception and representation expenses, $1,894,835,000, to remain
available until expended; of which not less than $16,313,000 shall
be for the Office of Inspector General; of which not to exceed
$75,000 shall be available for a permanent secretariat for the International Organization of Securities Commissions; and of which not
to exceed $100,000 shall be available for expenses for consultations
and meetings hosted by the Commission with foreign governmental
and other regulatory officials, members of their delegations and
staffs to exchange views concerning securities matters, such
expenses to include necessary logistic and administrative expenses
and the expenses of Commission staff and foreign invitees in attendance including: (1) incidental expenses such as meals; (2) travel
and transportation; and (3) related lodging or subsistence.
In addition to the foregoing appropriation, for move, replication,
and related costs associated with a replacement lease for the
Commission’s District of Columbia headquarters, not to exceed
$18,650,000, to remain available until expended; and for move,
replication, and related costs associated with a replacement lease
for the Commission’s San Francisco Regional Office facilities, not
to exceed $12,677,000, to remain available until expended.
For purposes of calculating the fee rate under section 31(j)
of the Securities Exchange Act of 1934 (15 U.S.C. 78ee(j)) for fiscal
year 2021, all amounts appropriated under this heading shall be
deemed to be the regular appropriation to the Commission for
fiscal year 2021: Provided, That fees and charges authorized by
section 31 of the Securities Exchange Act of 1934 (15 U.S.C. 78ee)
shall be credited to this account as offsetting collections: Provided
further, That not to exceed $1,894,835,000 of such offsetting collections shall be available until expended for necessary expenses of
this account; not to exceed $18,650,000 of such offsetting collections
shall be available until expended for move, replication, and related
costs under this heading associated with a replacement lease for
the Commission’s District of Columbia headquarters facilities; and
not to exceed $12,677,000 of such offsetting collections shall be
available until expended for move, replication, and related costs
under this heading associated with a replacement lease for the
Commission’s San Francisco Regional Office facilities: Provided further, That the total amount appropriated under this heading from
the general fund for fiscal year 2021 shall be reduced as such
offsetting fees are received so as to result in a final total fiscal
year 2021 appropriation from the general fund estimated at not

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134 STAT. 1420

PUBLIC LAW 116–260—DEC. 27, 2020

more than $0: Provided further, That if any amount of the appropriation for move, replication, and related costs associated with
a replacement lease for the Commission’s District of Columbia
headquarters office facilities or if any amount of the appropriation
for costs associated with a replacement lease for the Commission’s
San Francisco Regional Office is subsequently de-obligated by the
Commission, such amount that was derived from the general fund
shall be returned to the general fund, and such amounts that
were derived from fees or assessments collected for such purpose
shall be paid to each national securities exchange and national
securities association, respectively, in proportion to any fees or
assessments paid by such national securities exchange or national
securities association under section 31 of the Securities Exchange
Act of 1934 (15 U.S.C. 78ee) in fiscal year 2021.
SELECTIVE SERVICE SYSTEM
SALARIES AND EXPENSES

President.

For necessary expenses of the Selective Service System,
including expenses of attendance at meetings and of training for
uniformed personnel assigned to the Selective Service System, as
authorized by 5 U.S.C. 4101–4118 for civilian employees; hire of
passenger motor vehicles; services as authorized by 5 U.S.C. 3109;
and not to exceed $750 for official reception and representation
expenses; $26,000,000: Provided, That during the current fiscal
year, the President may exempt this appropriation from the provisions of 31 U.S.C. 1341, whenever the President deems such action
to be necessary in the interest of national defense: Provided further,
That none of the funds appropriated by this Act may be expended
for or in connection with the induction of any person into the
Armed Forces of the United States.
SMALL BUSINESS ADMINISTRATION
SALARIES AND EXPENSES

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Fees.

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For necessary expenses, not otherwise provided for, of the Small
Business Administration, including hire of passenger motor vehicles
as authorized by sections 1343 and 1344 of title 31, United States
Code, and not to exceed $3,500 for official reception and representation expenses, $270,157,000, of which not less than $12,000,000
shall be available for examinations, reviews, and other lender oversight activities: Provided, That the Administrator is authorized
to charge fees to cover the cost of publications developed by the
Small Business Administration, and certain loan program activities,
including fees authorized by section 5(b) of the Small Business
Act: Provided further, That, notwithstanding 31 U.S.C. 3302, revenues received from all such activities shall be credited to this
account, to remain available until expended, for carrying out these
purposes without further appropriations: Provided further, That
the Small Business Administration may accept gifts in an amount
not to exceed $4,000,000 and may co-sponsor activities, each in
accordance with section 132(a) of division K of Public Law 108–
447, during fiscal year 2021: Provided further, That $6,100,000
shall be available for the Loan Modernization and Accounting
System, to be available until September 30, 2022.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1421

ENTREPRENEURIAL DEVELOPMENT PROGRAMS

For necessary expenses of programs supporting entrepreneurial
and small business development, $272,000,000, to remain available
until September 30, 2022: Provided, That $136,000,000 shall be
available to fund grants for performance in fiscal year 2021 or
fiscal year 2022 as authorized by section 21 of the Small Business
Act: Provided further, That $35,000,000 shall be for marketing,
management, and technical assistance under section 7(m) of the
Small Business Act (15 U.S.C. 636(m)(4)) by intermediaries that
make microloans under the microloan program: Provided further,
That $19,500,000 shall be available for grants to States to carry
out export programs that assist small business concerns authorized
under section 22(l) of the Small Business Act (15 U.S.C. 649(l)).
OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$22,011,000.
OFFICE OF ADVOCACY

For necessary expenses of the Office of Advocacy in carrying
out the provisions of title II of Public Law 94–305 (15 U.S.C.
634a et seq.) and the Regulatory Flexibility Act of 1980 (5 U.S.C.
601 et seq.), $9,190,000, to remain available until expended.
BUSINESS LOANS PROGRAM ACCOUNT

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(INCLUDING TRANSFER OF FUNDS)

For the cost of direct loans, $5,000,000, to remain available
until expended, and for the cost of guaranteed loans as authorized
by section 7(a) of the Small Business Act (Public Law 83–163),
$15,000,000, to remain available until expended: Provided, That
such costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That subject to section 502 of the Congressional
Budget Act of 1974, during fiscal year 2021 commitments to guarantee loans under section 503 of the Small Business Investment
Act of 1958 shall not exceed $7,500,000,000: Provided further, That
during fiscal year 2021 commitments for general business loans
authorized under paragraphs (1) through (35) of section 7(a) of
the Small Business Act shall not exceed $30,000,000,000 for a
combination of amortizing term loans and the aggregated maximum
line of credit provided by revolving loans: Provided further, That
during fiscal year 2021 commitments for loans authorized under
subparagraph (C) of section 502(7) of the Small Business Investment
Act of 1958 (15 U.S.C. 696(7)) shall not exceed $7,500,000,000:
Provided further, That during fiscal year 2021 commitments to
guarantee loans for debentures under section 303(b) of the Small
Business Investment Act of 1958 shall not exceed $4,000,000,000:
Provided further, That during fiscal year 2021, guarantees of trust
certificates authorized by section 5(g) of the Small Business Act
shall not exceed a principal amount of $13,000,000,000. In addition,
for administrative expenses to carry out the direct and guaranteed

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134 STAT. 1422

PUBLIC LAW 116–260—DEC. 27, 2020

loan programs, $160,300,000, which may be transferred to and
merged with the appropriations for Salaries and Expenses.
DISASTER LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)

For administrative expenses to carry out the direct loan program authorized by section 7(b) of the Small Business Act,
$168,075,000, to be available until expended, of which $1,600,000
is for the Office of Inspector General of the Small Business Administration for audits and reviews of disaster loans and the disaster
loan programs and shall be transferred to and merged with the
appropriations for the Office of Inspector General; of which
$158,075,000 is for direct administrative expenses of loan making
and servicing to carry out the direct loan program, which may
be transferred to and merged with the appropriations for Salaries
and Expenses; and of which $8,400,000 is for indirect administrative
expenses for the direct loan program, which may be transferred
to and merged with the appropriations for Salaries and Expenses:
Provided, That, of the funds provided under this heading,
$142,864,000 shall be for major disasters declared pursuant to
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5122(2)): Provided further, That the amount for
major disasters under this heading is designated by Congress as
being for disaster relief pursuant to section 251(b)(2)(D) of the
Balanced Budget and Emergency Deficit Control Act of 1985 (Public
Law 99–177).
ADMINISTRATIVE PROVISIONS—SMALL BUSINESS ADMINISTRATION
(INCLUDING TRANSFERS OF FUNDS)

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Advance
approval.

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SEC. 540. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Small Business Administration in this Act may be transferred between such appropriations,
but no such appropriation shall be increased by more than 10
percent by any such transfers: Provided, That any transfer pursuant
to this paragraph shall be treated as a reprogramming of funds
under section 608 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth
in that section.
SEC. 541. Not to exceed 3 percent of any appropriation made
available in this Act for the Small Business Administration under
the headings ‘‘Salaries and Expenses’’ and ‘‘Business Loans Program
Account’’ may be transferred to the Administration’s information
technology system modernization and working capital fund (IT
WCF), as authorized by section 1077(b)(1) of title X of division
A of the National Defense Authorization Act for Fiscal Year 2018,
for the purposes specified in section 1077(b)(3) of such Act, upon
the advance approval of the Committees on Appropriations of the
House of Representatives and the Senate: Provided, That amounts
transferred to the IT WCF under this section shall remain available
for obligation through September 30, 2024.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1423

UNITED STATES POSTAL SERVICE
PAYMENT TO THE POSTAL SERVICE FUND

For payment to the Postal Service Fund for revenue forgone
on free and reduced rate mail, pursuant to subsections (c) and
(d) of section 2401 of title 39, United States Code, $55,333,000:
Provided, That mail for overseas voting and mail for the blind
shall continue to be free: Provided further, That 6-day delivery
and rural delivery of mail shall continue at not less than the
1983 level: Provided further, That none of the funds made available
to the Postal Service by this Act shall be used to implement any
rule, regulation, or policy of charging any officer or employee of
any State or local child support enforcement agency, or any individual participating in a State or local program of child support
enforcement, a fee for information requested or provided concerning
an address of a postal customer: Provided further, That none of
the funds provided in this Act shall be used to consolidate or
close small rural and other small post offices: Provided further,
That the Postal Service may not destroy, and shall continue to
offer for sale, any copies of the Multinational Species Conservation
Funds Semipostal Stamp, as authorized under the Multinational
Species Conservation Funds Semipostal Stamp Act of 2010 (Public
Law 111–241).

Mail.

OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$250,000,000, to be derived by transfer from the Postal Service
Fund and expended as authorized by section 603(b)(3) of the Postal
Accountability and Enhancement Act (Public Law 109–435).
UNITED STATES TAX COURT
SALARIES AND EXPENSES

For necessary expenses, including contract reporting and other
services as authorized by 5 U.S.C. 3109, and not to exceed $3,000
for official reception and representation expenses; $56,100,000, of
which $1,000,000 shall remain available until expended: Provided,
That travel expenses of the judges shall be paid upon the written
certificate of the judge.

Certificate.

TITLE VI
GENERAL PROVISIONS—THIS ACT

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(INCLUDING RESCISSION OF FUNDS)

SEC. 601. None of the funds in this Act shall be used for
the planning or execution of any program to pay the expenses
of, or otherwise compensate, non-Federal parties intervening in
regulatory or adjudicatory proceedings funded in this Act.

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134 STAT. 1424

Contracts.

Compliance.

Advance
approval.

Consultation.

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Reports.

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PUBLIC LAW 116–260—DEC. 27, 2020

SEC. 602. None of the funds appropriated in this Act shall
remain available for obligation beyond the current fiscal year, nor
may any be transferred to other appropriations, unless expressly
so provided herein.
SEC. 603. The expenditure of any appropriation under this
Act for any consulting service through procurement contract pursuant to 5 U.S.C. 3109, shall be limited to those contracts where
such expenditures are a matter of public record and available
for public inspection, except where otherwise provided under
existing law, or under existing Executive order issued pursuant
to existing law.
SEC. 604. 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 Act or any other appropriations Act.
SEC. 605. None of the funds made available by this Act shall
be available for any activity or for paying the salary of any Government employee where funding an activity or paying a salary to
a Government employee would result in a decision, determination,
rule, regulation, or policy that would prohibit the enforcement of
section 307 of the Tariff Act of 1930 (19 U.S.C. 1307).
SEC. 606. No funds appropriated pursuant to this Act may
be expended by an entity unless the entity agrees that in expending
the assistance the entity will comply with chapter 83 of title 41,
United States Code.
SEC. 607. No funds appropriated or otherwise made available
under this Act shall be made available to any person or entity
that has been convicted of violating chapter 83 of title 41, United
States Code.
SEC. 608. Except as otherwise provided in this Act, none of
the funds provided in this Act, provided by previous appropriations
Acts to the agencies or entities funded in this Act that remain
available for obligation or expenditure in fiscal year 2021, or provided from any accounts in the Treasury derived by the collection
of fees and available to the agencies funded by this Act, shall
be available for obligation or expenditure through a reprogramming
of funds that: (1) creates a new program; (2) eliminates a program,
project, or activity; (3) increases funds or personnel for any program,
project, or activity for which funds have been denied or restricted
by the Congress; (4) proposes to use funds directed for a specific
activity by the Committee on Appropriations of either the House
of Representatives or the Senate for a different purpose; (5) augments existing programs, projects, or activities in excess of
$5,000,000 or 10 percent, whichever is less; (6) reduces existing
programs, projects, or activities by $5,000,000 or 10 percent, whichever is less; or (7) creates or reorganizes offices, programs, or
activities unless prior approval is received from the Committees
on Appropriations of the House of Representatives and the Senate:
Provided, That prior to any significant reorganization, restructuring, relocation, or closing of offices, programs, or activities, each
agency or entity funded in this Act shall consult with the Committees on Appropriations of the House of Representatives and the
Senate: Provided further, That not later than 60 days after the
date of enactment of this Act, each agency funded by this Act
shall submit a report to the Committees on Appropriations of the
House of Representatives and the Senate to establish the baseline

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1425

for application of reprogramming and transfer authorities for the
current fiscal year: Provided further, That at a minimum the report
shall include: (1) a table for each appropriation, detailing both
full-time employee equivalents and budget authority, with separate
columns to display the prior year enacted level, the President’s
budget request, adjustments made by Congress, adjustments due
to enacted rescissions, if appropriate, and the fiscal year enacted
level; (2) a delineation in the table for each appropriation and
its respective prior year enacted level by object class and program,
project, and activity as detailed in this Act, in the accompanying
report, or in the budget appendix for the respective appropriation,
whichever is more detailed, and which shall apply to all items
for which a dollar amount is specified and to all programs for
which new budget authority is provided, as well as to discretionary
grants and discretionary grant allocations; and (3) an identification
of items of special congressional interest: Provided further, That
the amount appropriated or limited for salaries and expenses for
an agency shall be reduced by $100,000 per day for each day
after the required date that the report has not been submitted
to the Congress.
SEC. 609. Except as otherwise specifically provided by law,
not to exceed 50 percent of unobligated balances remaining available
at the end of fiscal year 2021 from appropriations made available
for salaries and expenses for fiscal year 2021 in this Act, shall
remain available through September 30, 2022, for each such account
for the purposes authorized: Provided, That a request shall be
submitted to the Committees on Appropriations of the House of
Representatives and the Senate for approval prior to the expenditure of such funds: Provided further, That these requests shall
be made in compliance with reprogramming guidelines.
SEC. 610. (a) None of the funds made available in this Act
may be used by the Executive Office of the President to request—
(1) any official background investigation report on any individual from the Federal Bureau of Investigation; or
(2) a determination with respect to the treatment of an
organization as described in section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section
501(a) of such Code from the Department of the Treasury
or the Internal Revenue Service.
(b) Subsection (a) shall not apply—
(1) in the case of an official background investigation report,
if such individual has given express written consent for such
request not more than 6 months prior to the date of such
request and during the same presidential administration; or
(2) if such request is required due to extraordinary circumstances involving national security.
SEC. 611. The cost accounting standards promulgated under
chapter 15 of title 41, United States Code shall not apply with
respect to a contract under the Federal Employees Health Benefits
Program established under chapter 89 of title 5, United States
Code.
SEC. 612. For the purpose of resolving litigation and implementing any settlement agreements regarding the nonforeign area
cost-of-living allowance program, the Office of Personnel Management may accept and utilize (without regard to any restriction
on unanticipated travel expenses imposed in an Appropriations

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Applicability.

Penalties.

Approval request.

Background
investigations.

Determination.
Tax exemption.

Deadline.

PUBL260A

134 STAT. 1426

Abortion.

Contracts.
Consultation.

President.

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Definition.

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PUBLIC LAW 116–260—DEC. 27, 2020

Act) funds made available to the Office of Personnel Management
pursuant to court approval.
SEC. 613. No funds appropriated by this Act shall be available
to pay for an abortion, or the administrative expenses in connection
with any health plan under the Federal employees health benefits
program which provides any benefits or coverage for abortions.
SEC. 614. The provision of section 613 shall not apply where
the life of the mother would be endangered if the fetus were carried
to term, or the pregnancy is the result of an act of rape or incest.
SEC. 615. In order to promote Government access to commercial
information technology, the restriction on purchasing nondomestic
articles, materials, and supplies set forth in chapter 83 of title
41, United States Code (popularly known as the Buy American
Act), shall not apply to the acquisition by the Federal Government
of information technology (as defined in section 11101 of title 40,
United States Code), that is a commercial item (as defined in
section 103 of title 41, United States Code).
SEC. 616. Notwithstanding section 1353 of title 31, United
States Code, no officer or employee of any regulatory agency or
commission funded by this Act may accept on behalf of that agency,
nor may such agency or commission accept, payment or reimbursement from a non-Federal entity for travel, subsistence, or related
expenses for the purpose of enabling an officer or employee to
attend and participate in any meeting or similar function relating
to the official duties of the officer or employee when the entity
offering payment or reimbursement is a person or entity subject
to regulation by such agency or commission, or represents a person
or entity subject to regulation by such agency or commission, unless
the person or entity is an organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from tax under
section 501(a) of such Code.
SEC. 617. (a)(1) Notwithstanding any other provision of law,
an Executive agency covered by this Act otherwise authorized to
enter into contracts for either leases or the construction or alteration
of real property for office, meeting, storage, or other space must
consult with the General Services Administration before issuing
a solicitation for offers of new leases or construction contracts,
and in the case of succeeding leases, before entering into negotiations with the current lessor.
(2) Any such agency with authority to enter into an emergency
lease may do so during any period declared by the President to
require emergency leasing authority with respect to such agency.
(b) For purposes of this section, the term ‘‘Executive agency
covered by this Act’’ means any Executive agency provided funds
by this Act, but does not include the General Services Administration or the United States Postal Service.
SEC. 618. (a) There are appropriated for the following activities
the amounts required under current law:
(1) Compensation of the President (3 U.S.C. 102).
(2) Payments to—
(A) the Judicial Officers’ Retirement Fund (28 U.S.C.
377(o));
(B) the Judicial Survivors’ Annuities Fund (28 U.S.C.
376(c)); and
(C) the United States Court of Federal Claims Judges’
Retirement Fund (28 U.S.C. 178(l)).
(3) Payment of Government contributions—

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134 STAT. 1427

(A) with respect to the health benefits of retired
employees, as authorized by chapter 89 of title 5, United
States Code, and the Retired Federal Employees Health
Benefits Act (74 Stat. 849); and
(B) with respect to the life insurance benefits for
employees retiring after December 31, 1989 (5 U.S.C. ch.
87).
(4) Payment to finance the unfunded liability of new and
increased annuity benefits under the Civil Service Retirement
and Disability Fund (5 U.S.C. 8348).
(5) Payment of annuities authorized to be paid from the
Civil Service Retirement and Disability Fund by statutory
provisions other than subchapter III of chapter 83 or chapter
84 of title 5, United States Code.
(b) Nothing in this section may be construed to exempt any
amount appropriated by this section from any otherwise applicable
limitation on the use of funds contained in this Act.
SEC. 619. None of the funds made available in this Act may
be used by the Federal Trade Commission to complete the draft
report entitled ‘‘Interagency Working Group on Food Marketed to
Children: Preliminary Proposed Nutrition Principles to Guide
Industry Self-Regulatory Efforts’’ unless the Interagency Working
Group on Food Marketed to Children complies with Executive Order
No. 13563.
SEC. 620. (a) The head of each executive branch agency funded
by this Act shall ensure that the Chief Information Officer of
the agency has the authority to participate in decisions regarding
the budget planning process related to information technology.
(b) Amounts appropriated for any executive branch agency
funded by this Act that are available for information technology
shall be allocated within the agency, consistent with the provisions
of appropriations Acts and budget guidelines and recommendations
from the Director of the Office of Management and Budget, in
such manner as specified by, or approved by, the Chief Information
Officer of the agency in consultation with the Chief Financial Officer
of the agency and budget officials.
SEC. 621. None of the funds made available in this Act may
be used in contravention of chapter 29, 31, or 33 of title 44, United
States Code.
SEC. 622. None of the funds made available in this Act may
be used by a governmental entity to require the disclosure by
a provider of electronic communication service to the public or
remote computing service of the contents of a wire or electronic
communication that is in electronic storage with the provider (as
such terms are defined in sections 2510 and 2711 of title 18,
United States Code) in a manner that violates the Fourth Amendment to the Constitution of the United States.
SEC. 623. None of the funds appropriated by this Act may
be used by the Federal Communications Commission to modify,
amend, or change the rules or regulations of the Commission for
universal service high-cost support for competitive eligible telecommunications carriers in a way that is inconsistent with paragraph (e)(5) or (e)(6) of section 54.307 of title 47, Code of Federal
Regulations, as in effect on July 15, 2015: Provided, That this
section shall not prohibit the Commission from considering, developing, or adopting other support mechanisms as an alternative
to Mobility Fund Phase II.

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Reports.
Compliance.

Consultation.

PUBL260A

134 STAT. 1428
Records.

Reports.
Compliance.

Pornography.

Contracts.
Determination.

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Conference
attendees.
Determinations.
Notifications.

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PUBLIC LAW 116–260—DEC. 27, 2020

SEC. 624. No funds provided in this Act shall 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 over which that Inspector General has responsibilities under the Inspector General Act of 1978, or to prevent
or impede that Inspector General’s access to such records, documents, or other materials, under any provision of law, except a
provision of law that expressly refers to the Inspector General
and expressly limits the Inspector General’s right of access. A
department or agency covered by this section shall provide its
Inspector General with access to all such records, documents, and
other materials in a timely manner. Each Inspector General shall
ensure compliance with statutory limitations on disclosure relevant
to the information provided by the establishment over which that
Inspector General has responsibilities under the Inspector General
Act of 1978. Each Inspector General covered by this section shall
report to the Committees on Appropriations of the House of Representatives and the Senate within 5 calendar days any failures
to comply with this requirement.
SEC. 625. (a) 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.
(b) 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,
adjudication activities, or other law enforcement- or victim assistance-related activity.
SEC. 626. None of the funds appropriated or other-wise made
available by this Act may be used to pay award or incentive fees
for contractors whose performance has been judged to be below
satisfactory, behind schedule, over budget, or has failed to meet
the basic requirements of a contract, unless the Agency determines
that any such deviations are due to unforeseeable events, government-driven scope changes, or are not significant within the overall
scope of the project and/or program and unless such awards or
incentive fees are consistent with 16.401(e)(2) of the Federal
Acquisition Regulation.
SEC. 627. (a) None of the funds made available under this
Act may be used to pay for travel and conference activities that
result in a total cost to an Executive branch department, agency,
board or commission funded by this Act of more than $500,000
at any single conference unless the agency or entity determines
that such attendance is in the national interest and advance notice
is transmitted to the Committees on Appropriations of the House
of Representatives and the Senate that includes the basis of that
determination.
(b) None of the funds made available under this Act may
be used to pay for the travel to or attendance of more than 50
employees, who are stationed in the United States, at any single
conference occurring outside the United States unless the agency
or entity determines that such attendance is in the national interest
and advance notice is transmitted to the Committees on Appropriations of the House of Representatives and the Senate that includes
the basis of that determination.
SEC. 628. None of the funds made available by this Act may
be used for first-class or business-class travel by the employees

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1429

of executive branch agencies funded by this Act in contravention
of sections 301–10.122 through 301–10.125 of title 41, Code of
Federal Regulations.
SEC. 629. In addition to any amounts appropriated or otherwise
made available for expenses related to enhancements to
www.oversight.gov, $850,000, to remain available until expended,
shall be provided for an additional amount for such purpose to
the Inspectors General Council Fund established pursuant to section
11(c)(3)(B) of the Inspector General Act of 1978 (5 U.S.C. App.):
Provided, That these amounts shall be in addition to any amounts
or any authority available to the Council of the Inspectors General
on Integrity and Efficiency under section 11 of the Inspector General
Act of 1978 (5 U.S.C. App.).
SEC. 630. None of the funds made available by this Act may
be obligated on contracts in excess of $5,000 for public relations,
as that term is defined in Office and Management and Budget
Circular A–87 (revised May 10, 2004), unless advance notice of
such an obligation is transmitted to the Committees on Appropriations of the House of Representatives and the Senate.
SEC. 631. None of the funds made available by this Act shall
be used by the Securities and Exchange Commission to finalize,
issue, or implement any rule, regulation, or order regarding the
disclosure of political contributions, contributions to tax exempt
organizations, or dues paid to trade associations.
SEC. 632. Federal agencies funded under this Act shall clearly
state within the text, audio, or video used for advertising or educational purposes, including emails or Internet postings, that the
communication is printed, published, or produced and disseminated
at U.S. taxpayer expense. The funds used by a Federal agency
to carry out this requirement shall be derived from amounts made
available to the agency for advertising or other communications
regarding the programs and activities of the agency.
SEC. 633. When issuing statements, press releases, requests
for proposals, bid solicitations and other documents describing
projects or programs funded in whole or in part with Federal
money, all grantees receiving Federal funds included in this act,
shall clearly state—
(1) the percentage of the total costs of the program or
project which will be financed with Federal money;
(2) the dollar amount of Federal funds for the project
or program; and
(3) percentage and dollar amount of the total costs of the
project or program that will be financed by non-governmental
sources.
SEC. 634. Of the unobligated balances available in the Department of the Treasury, Treasury Forfeiture Fund, established by
section 9703 of title 31, United States Code, $75,000,000 shall
be permanently rescinded not later than September 30, 2021.
SEC. 635. Not later than 45 days after the last day of each
quarter, each agency funded in this Act shall submit to the Committees on Appropriations of the Senate and the House of Representatives a quarterly budget report that includes total obligations of
the Agency for that quarter for each appropriation, by the source
year of the appropriation.

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Notification.

Requirement.

Reports.

PUBL260A

134 STAT. 1430

PUBLIC LAW 116–260—DEC. 27, 2020
TITLE VII
GENERAL PROVISIONS—GOVERNMENT-WIDE
DEPARTMENTS, AGENCIES,

AND

CORPORATIONS

(INCLUDING TRANSFER OF FUNDS)

Drug-free
workplace.

31 USC 1343
note.

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5 USC 3101 note.

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SEC. 701. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any other
Act for fiscal year 2021 shall obligate or expend any such funds,
unless such department, agency, or instrumentality has in place,
and will continue to administer in good faith, a written policy
designed to ensure that all of its workplaces are free from the
illegal use, possession, or distribution of controlled substances (as
defined in the Controlled Substances Act (21 U.S.C. 802)) by the
officers and employees of such department, agency, or instrumentality.
SEC. 702. Unless otherwise specifically provided, the maximum
amount allowable during the current fiscal year in accordance with
subsection 1343(c) of title 31, United States Code, for the purchase
of any passenger motor vehicle (exclusive of buses, ambulances,
law enforcement vehicles, protective vehicles, and undercover
surveillance vehicles), is hereby fixed at $19,947 except station
wagons for which the maximum shall be $19,997: Provided, That
these limits may be exceeded by not to exceed $7,250 for policetype vehicles: Provided further, That the limits set forth in this
section may not be exceeded by more than 5 percent for electric
or hybrid vehicles purchased for demonstration under the provisions
of the Electric and Hybrid Vehicle Research, Development, and
Demonstration Act of 1976: Provided further, That the limits set
forth in this section may be exceeded by the incremental cost
of clean alternative fuels vehicles acquired pursuant to Public Law
101–549 over the cost of comparable conventionally fueled vehicles:
Provided further, That the limits set forth in this section shall
not apply to any vehicle that is a commercial item and which
operates on alternative fuel, including but not limited to electric,
plug-in hybrid electric, and hydrogen fuel cell vehicles.
SEC. 703. Appropriations of the executive departments and
independent establishments for the current fiscal year available
for expenses of travel, or for the expenses of the activity concerned,
are hereby made available for quarters allowances and cost-ofliving allowances, in accordance with 5 U.S.C. 5922–5924.
SEC. 704. Unless otherwise specified in law during the current
fiscal year, no part of any appropriation contained in this or any
other Act shall be used to pay the compensation of any officer
or employee of the Government of the United States (including
any agency the majority of the stock of which is owned by the
Government of the United States) whose post of duty is in the
continental United States unless such person: (1) is a citizen of
the United States; (2) is a person who is lawfully admitted for
permanent residence and is seeking citizenship as outlined in 8
U.S.C. 1324b(a)(3)(B); (3) is a person who is admitted as a refugee
under 8 U.S.C. 1157 or is granted asylum under 8 U.S.C. 1158
and has filed a declaration of intention to become a lawful permanent resident and then a citizen when eligible; or (4) is a person

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1431

who owes allegiance to the United States: Provided, That for purposes of this section, affidavits signed by any such person shall
be considered prima facie evidence that the requirements of this
section with respect to his or her status are being complied with:
Provided further, That for purposes of subsections (2) and (3) such
affidavits shall be submitted prior to employment and updated
thereafter as necessary: Provided further, That any person making
a false affidavit shall be guilty of a felony, and upon conviction,
shall be fined no more than $4,000 or imprisoned for not more
than 1 year, or both: Provided further, That the above penal clause
shall be in addition to, and not in substitution for, any other
provisions of existing law: Provided further, That any payment
made to any officer or employee contrary to the provisions of this
section shall be recoverable in action by the Federal Government:
Provided further, That this section shall not apply to any person
who is an officer or employee of the Government of the United
States on the date of enactment of this Act, or to international
broadcasters employed by the Broadcasting Board of Governors,
or to temporary employment of translators, or to temporary employment in the field service (not to exceed 60 days) as a result of
emergencies: Provided further, That this section does not apply
to the employment as Wildland firefighters for not more than 120
days of nonresident aliens employed by the Department of the
Interior or the USDA Forest Service pursuant to an agreement
with another country.
SEC. 705. Appropriations available to any department or agency
during the current fiscal year for necessary expenses, including
maintenance or operating expenses, shall also be available for payment to the General Services Administration for charges for space
and services and those expenses of renovation and alteration of
buildings and facilities which constitute public improvements performed in accordance with the Public Buildings Act of 1959 (73
Stat. 479), the Public Buildings Amendments of 1972 (86 Stat.
216), or other applicable law.
SEC. 706. In addition to funds provided in this or any other
Act, all Federal agencies are authorized to receive and use funds
resulting from the sale of materials, including Federal records disposed of pursuant to a records schedule recovered through recycling
or waste prevention programs. Such funds shall be available until
expended for the following purposes:
(1) Acquisition, waste reduction and prevention, and
recycling programs as described in Executive Order No. 13834
(May 17, 2018), including any such programs adopted prior
to the effective date of the Executive order.
(2) Other Federal agency environmental management programs, including, but not limited to, the development and
implementation of hazardous waste management and pollution
prevention programs.
(3) Other employee programs as authorized by law or as
deemed appropriate by the head of the Federal agency.
SEC. 707. Funds made available by this or any other Act for
administrative expenses in the current fiscal year of the corporations and agencies subject to chapter 91 of title 31, United States
Code, shall be available, in addition to objects for which such
funds are otherwise available, for rent in the District of Columbia;
services in accordance with 5 U.S.C. 3109; and the objects specified
under this head, all the provisions of which shall be applicable

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Affidavits.

Affidavits.
Penalties.

Time period.

Time period.

PUBL260A

134 STAT. 1432

Notification.

Definition.

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Certification.

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to the expenditure of such funds unless otherwise specified in
the Act by which they are made available: Provided, That in the
event any functions budgeted as administrative expenses are subsequently transferred to or paid from other funds, the limitations
on administrative expenses shall be correspondingly reduced.
SEC. 708. No part of any appropriation contained in this or
any other Act shall be available for interagency financing of boards
(except Federal Executive Boards), commissions, councils, committees, or similar groups (whether or not they are interagency entities)
which do not have a prior and specific statutory approval to receive
financial support from more than one agency or instrumentality.
SEC. 709. None of the funds made available pursuant to the
provisions of this or any other Act shall be used to implement,
administer, or enforce any regulation which has been disapproved
pursuant to a joint resolution duly adopted in accordance with
the applicable law of the United States.
SEC. 710. During the period in which the head of any department or agency, or any other officer or civilian employee of the
Federal Government appointed by the President of the United
States, holds office, no funds may be obligated or expended in
excess of $5,000 to furnish or redecorate the office of such department head, agency head, officer, or employee, or to purchase furniture or make improvements for any such office, unless advance
notice of such furnishing or redecoration is transmitted to the
Committees on Appropriations of the House of Representatives and
the Senate. For the purposes of this section, the term ‘‘office’’
shall include the entire suite of offices assigned to the individual,
as well as any other space used primarily by the individual or
the use of which is directly controlled by the individual.
SEC. 711. Notwithstanding 31 U.S.C. 1346, or section 708 of
this Act, funds made available for the current fiscal year by this
or any other Act shall be available for the interagency funding
of national security and emergency preparedness telecommunications initiatives which benefit multiple Federal departments,
agencies, or entities, as provided by Executive Order No. 13618
(July 6, 2012).
SEC. 712. (a) None of the funds made available by this or
any other Act may be obligated or expended by any department,
agency, or other instrumentality of the Federal Government to
pay the salaries or expenses of any individual appointed to a position of a confidential or policy-determining character that is
excepted from the competitive service under section 3302 of title
5, United States Code, (pursuant to schedule C of subpart C of
part 213 of title 5 of the Code of Federal Regulations) unless
the head of the applicable department, agency, or other instrumentality employing such schedule C individual certifies to the Director
of the Office of Personnel Management that the schedule C position
occupied by the individual was not created solely or primarily
in order to detail the individual to the White House.
(b) The provisions of this section shall not apply to Federal
employees or members of the armed forces detailed to or from
an element of the intelligence community (as that term is defined
under section 3(4) of the National Security Act of 1947 (50 U.S.C.
3003(4))).
SEC. 713. No part of any appropriation contained in this or
any other Act shall be available for the payment of the salary
of any officer or employee of the Federal Government, who—

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134 STAT. 1433

(1) prohibits or prevents, or attempts or threatens to prohibit or prevent, any other officer or employee of the Federal
Government from having any direct oral or written communication or contact with any Member, committee, or subcommittee
of the Congress in connection with any matter pertaining to
the employment of such other officer or employee or pertaining
to the department or agency of such other officer or employee
in any way, irrespective of whether such communication or
contact is at the initiative of such other officer or employee
or in response to the request or inquiry of such Member, committee, or subcommittee; or
(2) removes, suspends from duty without pay, demotes,
reduces in rank, seniority, status, pay, or performance or efficiency rating, denies promotion to, relocates, reassigns, transfers, disciplines, or discriminates in regard to any employment
right, entitlement, or benefit, or any term or condition of
employment of, any other officer or employee of the Federal
Government, or attempts or threatens to commit any of the
foregoing actions with respect to such other officer or employee,
by reason of any communication or contact of such other officer
or employee with any Member, committee, or subcommittee
of the Congress as described in paragraph (1).
SEC. 714. (a) None of the funds made available in this or
any other Act may be obligated or expended for any employee
training that—
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of official
duties;
(2) contains elements likely to induce high levels of emotional response or psychological stress in some participants;
(3) does not require prior employee notification of the content and methods to be used in the training and written end
of course evaluation;
(4) contains any methods or content associated with religious or quasi-religious belief systems or ‘‘new age’’ belief systems as defined in Equal Employment Opportunity Commission
Notice N–915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants’
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon
the performance of official duties.
SEC. 715. No part of any funds appropriated in this or any
other Act shall be used by an agency of the executive branch,
other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, and for the preparation,
distribution or use of any kit, pamphlet, booklet, publication, radio,
television, or film presentation designed to support or defeat legislation pending before the Congress, except in presentation to the
Congress itself.
SEC. 716. None of the funds appropriated by this or any other
Act may be used by an agency to provide a Federal employee’s
home address to any labor organization except when the employee
has authorized such disclosure or when such disclosure has been
ordered by a court of competent jurisdiction.
SEC. 717. None of the funds made available in this or any
other Act may be used to provide any non-public information such

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Propaganda.
Lobbying.

PUBL260A

134 STAT. 1434

Propaganda.

Definitions.

Reimbursement.

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Consultation.

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PUBLIC LAW 116–260—DEC. 27, 2020

as mailing, telephone, or electronic mailing lists to any person
or any organization outside of the Federal Government without
the approval of the Committees on Appropriations of the House
of Representatives and the Senate.
SEC. 718. No part of any appropriation contained in this or
any other Act shall be used directly or indirectly, including by
private contractor, for publicity or propaganda purposes within
the United States not heretofore authorized by Congress.
SEC. 719. (a) In this section, the term ‘‘agency’’—
(1) means an Executive agency, as defined under 5 U.S.C.
105; and
(2) includes a military department, as defined under section
102 of such title, the United States Postal Service, and the
Postal Regulatory Commission.
(b) Unless authorized in accordance with law or regulations
to use such time for other purposes, an employee of an agency
shall use official time in an honest effort to perform official duties.
An employee not under a leave system, including a Presidential
appointee exempted under 5 U.S.C. 6301(2), has an obligation to
expend an honest effort and a reasonable proportion of such
employee’s time in the performance of official duties.
SEC. 720. Notwithstanding 31 U.S.C. 1346 and section 708
of this Act, funds made available for the current fiscal year by
this or any other Act to any department or agency, which is a
member of the Federal Accounting Standards Advisory Board
(FASAB), shall be available to finance an appropriate share of
FASAB administrative costs.
SEC. 721. Notwithstanding 31 U.S.C. 1346 and section 708
of this Act, the head of each Executive department and agency
is hereby authorized to transfer to or reimburse ‘‘General Services
Administration, Government-wide Policy’’ with the approval of the
Director of the Office of Management and Budget, funds made
available for the current fiscal year by this or any other Act,
including rebates from charge card and other contracts: Provided,
That these funds shall be administered by the Administrator of
General Services to support Government-wide and other multiagency financial, information technology, procurement, and other
management innovations, initiatives, and activities, including
improving coordination and reducing duplication, as approved by
the Director of the Office of Management and Budget, in consultation with the appropriate interagency and multi-agency groups
designated by the Director (including the President’s Management
Council for overall management improvement initiatives, the Chief
Financial Officers Council for financial management initiatives,
the Chief Information Officers Council for information technology
initiatives, the Chief Human Capital Officers Council for human
capital initiatives, the Chief Acquisition Officers Council for procurement initiatives, and the Performance Improvement Council for
performance improvement initiatives): Provided further, That the
total funds transferred or reimbursed shall not exceed $15,000,000
to improve coordination, reduce duplication, and for other activities
related to Federal Government Priority Goals established by 31
U.S.C. 1120, and not to exceed $17,000,000 for Government-Wide
innovations, initiatives, and activities: Provided further, That the
funds transferred to or for reimbursement of ‘‘General Services
Administration, Government-wide Policy’’ during fiscal year 2021
shall remain available for obligation through September 30, 2022:

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134 STAT. 1435

Provided further, That such transfers or reimbursements may only
be made after 15 days following notification of the Committees
on Appropriations of the House of Representatives and the Senate
by the Director of the Office of Management and Budget.
SEC. 722. Notwithstanding any other provision of law, a woman
may breastfeed her child at any location in a Federal building
or on Federal property, if the woman and her child are otherwise
authorized to be present at the location.
SEC. 723. Notwithstanding 31 U.S.C. 1346, or section 708 of
this Act, funds made available for the current fiscal year by this
or any other Act shall be available for the interagency funding
of specific projects, workshops, studies, and similar efforts to carry
out the purposes of the National Science and Technology Council
(authorized by Executive Order No. 12881), which benefit multiple
Federal departments, agencies, or entities: Provided, That the Office
of Management and Budget shall provide a report describing the
budget of and resources connected with the National Science and
Technology Council to the Committees on Appropriations, the House
Committee on Science, Space, and Technology, and the Senate
Committee on Commerce, Science, and Transportation 90 days after
enactment of this Act.
SEC. 724. Any request for proposals, solicitation, grant application, form, notification, press release, or other publications involving
the distribution of Federal funds shall comply with any relevant
requirements in part 200 of title 2, Code of Federal Regulations:
Provided, That this section shall apply to direct payments, formula
funds, and grants received by a State receiving Federal funds.
SEC. 725. (a) PROHIBITION OF FEDERAL AGENCY MONITORING
OF INDIVIDUALS’ INTERNET USE.—None of the funds made available
in this or any other Act may be used by any Federal agency—
(1) to collect, review, or create any aggregation of data,
derived from any means, that includes any personally identifiable information relating to an individual’s access to or use
of any Federal Government Internet site of the agency; or
(2) to enter into any agreement with a third party
(including another government agency) to collect, review, or
obtain any aggregation of data, derived from any means, that
includes any personally identifiable information relating to an
individual’s access to or use of any nongovernmental Internet
site.
(b) EXCEPTIONS.—The limitations established in subsection (a)
shall not apply to—
(1) any record of aggregate data that does not identify
particular persons;
(2) any voluntary submission of personally identifiable
information;
(3) any action taken for law enforcement, regulatory, or
supervisory purposes, in accordance with applicable law; or
(4) any action described in subsection (a)(1) that is a system
security action taken by the operator of an Internet site and
is necessarily incident to providing the Internet site services
or to protecting the rights or property of the provider of the
Internet site.
(c) DEFINITIONS.—For the purposes of this section:
(1) The term ‘‘regulatory’’ means agency actions to implement, interpret or enforce authorities provided in law.

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Time period.
Notification.

Breastfeeding.

Reports.

Compliance.

Applicability.

PUBL260A

134 STAT. 1436

Contracts.
Drugs and drug
abuse.
Contraceptives.
Religion.

Abortion.
Anti-doping.

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Contracts.
Advance
approval.

News stories.

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(2) The term ‘‘supervisory’’ means examinations of the
agency’s supervised institutions, including assessing safety and
soundness, overall financial condition, management practices
and policies and compliance with applicable standards as provided in law.
SEC. 726. (a) None of the funds appropriated by this Act may
be used to enter into or renew a contract which includes a provision
providing prescription drug coverage, except where the contract
also includes a provision for contraceptive coverage.
(b) Nothing in this section shall apply to a contract with—
(1) any of the following religious plans:
(A) Personal Care’s HMO; and
(B) OSF HealthPlans, Inc.; and
(2) any existing or future plan, if the carrier for the plan
objects to such coverage on the basis of religious beliefs.
(c) In implementing this section, any plan that enters into
or renews a contract under this section may not subject any individual to discrimination on the basis that the individual refuses
to prescribe or otherwise provide for contraceptives because such
activities would be contrary to the individual’s religious beliefs
or moral convictions.
(d) Nothing in this section shall be construed to require coverage of abortion or abortion-related services.
SEC. 727. The United States is committed to ensuring the
health of its Olympic, Pan American, and Paralympic athletes,
and supports the strict adherence to anti-doping in sport through
testing, adjudication, education, and research as performed by
nationally recognized oversight authorities.
SEC. 728. Notwithstanding any other provision of law, funds
appropriated for official travel to Federal departments and agencies
may be used by such departments and agencies, if consistent with
Office of Management and Budget Circular A–126 regarding official
travel for Government personnel, to participate in the fractional
aircraft ownership pilot program.
SEC. 729. Notwithstanding any other provision of law, none
of the funds appropriated or made available under this or any
other appropriations Act may be used to implement or enforce
restrictions or limitations on the Coast Guard Congressional Fellowship Program, or to implement the proposed regulations of the
Office of Personnel Management to add sections 300.311 through
300.316 to part 300 of title 5 of the Code of Federal Regulations,
published in the Federal Register, volume 68, number 174, on
September 9, 2003 (relating to the detail of executive branch
employees to the legislative branch).
SEC. 730. Notwithstanding any other provision of law, no executive branch agency shall purchase, construct, or lease any additional
facilities, except within or contiguous to existing locations, to be
used for the purpose of conducting Federal law enforcement training
without the advance approval of the Committees on Appropriations
of the House of Representatives and the Senate, except that the
Federal Law Enforcement Training Center is authorized to obtain
the temporary use of additional facilities by lease, contract, or
other agreement for training which cannot be accommodated in
existing Center facilities.
SEC. 731. Unless otherwise authorized by existing law, none
of the funds provided in this or any other Act may be used by
an executive branch agency to produce any prepackaged news story

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1437

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.
SEC. 732. None of the funds made available in this Act may
be used in contravention of section 552a of title 5, United States
Code (popularly known as the Privacy Act), and regulations implementing that section.
SEC. 733. (a) IN GENERAL.—None of the funds appropriated
or otherwise made available by this or any other Act may be
used for any Federal Government contract with any foreign incorporated entity which is treated as an inverted domestic corporation
under section 835(b) of the Homeland Security Act of 2002 (6
U.S.C. 395(b)) or any subsidiary of such an entity.
(b) WAIVERS.—
(1) IN GENERAL.—Any Secretary shall waive subsection (a)
with respect to any Federal Government contract under the
authority of such Secretary if the Secretary determines that
the waiver is required in the interest of national security.
(2) REPORT TO CONGRESS.—Any Secretary issuing a waiver
under paragraph (1) shall report such issuance to Congress.
(c) EXCEPTION.—This section shall not apply to any Federal
Government contract entered into before the date of the enactment
of this Act, or to any task order issued pursuant to such contract.
SEC. 734. During fiscal year 2021, for each employee who—
(1) retires under section 8336(d)(2) or 8414(b)(1)(B) of title
5, United States Code; or
(2) retires under any other provision of subchapter III
of chapter 83 or chapter 84 of such title 5 and receives a
payment as an incentive to separate, the separating agency
shall remit to the Civil Service Retirement and Disability Fund
an amount equal to the Office of Personnel Management’s
average unit cost of processing a retirement claim for the
preceding fiscal year. Such amounts shall be available until
expended to the Office of Personnel Management and shall
be deemed to be an administrative expense under section
8348(a)(1)(B) of title 5, United States Code.
SEC. 735. (a) None of the funds made available in this or
any other Act may be used to recommend or require any entity
submitting an offer for a Federal contract to disclose any of the
following information as a condition of submitting the offer:
(1) Any payment consisting of a contribution, expenditure,
independent expenditure, or disbursement for an electioneering
communication that is made by the entity, its officers or directors, or any of its affiliates or subsidiaries to a candidate
for election for Federal office or to a political committee, or
that is otherwise made with respect to any election for Federal
office.
(2) Any disbursement of funds (other than a payment
described in paragraph (1)) made by the entity, its officers
or directors, or any of its affiliates or subsidiaries to any person
with the intent or the reasonable expectation that the person
will use the funds to make a payment described in paragraph
(1).
(b) In this section, each of the terms ‘‘contribution’’, ‘‘expenditure’’, ‘‘independent expenditure’’, ‘‘electioneering communication’’,
‘‘candidate’’, ‘‘election’’, and ‘‘Federal office’’ has the meaning given

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Contracts.

Determination.

Contracts.

Definitions.

PUBL260A

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5 USC 5343 note.

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Determination.
Regulations.

Applicability.

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such term in the Federal Election Campaign Act of 1971 (52 U.S.C.
30101 et seq.).
SEC. 736. None of the funds made available in this or any
other Act may be used to pay for the painting of a portrait of
an officer or employee of the Federal Government, including the
President, the Vice President, a member of Congress (including
a Delegate or a Resident Commissioner to Congress), the head
of an executive branch agency (as defined in section 133 of title
41, United States Code), or the head of an office of the legislative
branch.
SEC. 737. (a)(1) Notwithstanding any other provision of law,
and except as otherwise provided in this section, no part of any
of the funds appropriated for fiscal year 2021, by this or any
other Act, may be used to pay any prevailing rate employee
described in section 5342(a)(2)(A) of title 5, United States Code—
(A) during the period from the date of expiration of the
limitation imposed by the comparable section for the previous
fiscal years until the normal effective date of the applicable
wage survey adjustment that is to take effect in fiscal year
2021, in an amount that exceeds the rate payable for the
applicable grade and step of the applicable wage schedule in
accordance with such section; and
(B) during the period consisting of the remainder of fiscal
year 2021, in an amount that exceeds, as a result of a wage
survey adjustment, the rate payable under subparagraph (A)
by more than the sum of—
(i) the percentage adjustment taking effect in fiscal
year 2021 under section 5303 of title 5, United States
Code, in the rates of pay under the General Schedule;
and
(ii) the difference between the overall average percentage of the locality-based comparability payments taking
effect in fiscal year 2021 under section 5304 of such title
(whether by adjustment or otherwise), and the overall average percentage of such payments which was effective in
the previous fiscal year under such section.
(2) Notwithstanding any other provision of law, no prevailing
rate employee described in subparagraph (B) or (C) of section
5342(a)(2) of title 5, United States Code, and no employee covered
by section 5348 of such title, may be paid during the periods
for which paragraph (1) is in effect at a rate that exceeds the
rates that would be payable under paragraph (1) were paragraph
(1) applicable to such employee.
(3) For the purposes of this subsection, the rates payable to
an employee who is covered by this subsection and who is paid
from a schedule not in existence on September 30, 2020, shall
be determined under regulations prescribed by the Office of Personnel Management.
(4) Notwithstanding any other provision of law, rates of premium pay for employees subject to this subsection may not be
changed from the rates in effect on September 30, 2020, except
to the extent determined by the Office of Personnel Management
to be consistent with the purpose of this subsection.
(5) This subsection shall apply with respect to pay for service
performed after September 30, 2020.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1439

(6) For the purpose of administering any provision of law
(including any rule or regulation that provides premium pay, retirement, life insurance, or any other employee benefit) that requires
any deduction or contribution, or that imposes any requirement
or limitation on the basis of a rate of salary or basic pay, the
rate of salary or basic pay payable after the application of this
subsection shall be treated as the rate of salary or basic pay.
(7) Nothing in this subsection shall be considered to permit
or require the payment to any employee covered by this subsection
at a rate in excess of the rate that would be payable were this
subsection not in effect.
(8) The Office of Personnel Management may provide for exceptions to the limitations imposed by this subsection if the Office
determines that such exceptions are necessary to ensure the recruitment or retention of qualified employees.
(b) Notwithstanding subsection (a), the adjustment in rates
of basic pay for the statutory pay systems that take place in
fiscal year 2021 under sections 5344 and 5348 of title 5, United
States Code, shall be—
(1) not less than the percentage received by employees
in the same location whose rates of basic pay are adjusted
pursuant to the statutory pay systems under sections 5303
and 5304 of title 5, United States Code: Provided, That prevailing rate employees at locations where there are no
employees whose pay is increased pursuant to sections 5303
and 5304 of title 5, United States Code, and prevailing rate
employees described in section 5343(a)(5) of title 5, United
States Code, shall be considered to be located in the pay locality
designated as ‘‘Rest of United States’’ pursuant to section 5304
of title 5, United States Code, for purposes of this subsection;
and
(2) effective as of the first day of the first applicable pay
period beginning after September 30, 2020.
SEC. 738. (a) The head of any Executive branch department,
agency, board, commission, or office funded by this or any other
appropriations Act shall submit annual reports to the Inspector
General or senior ethics official for any entity without an Inspector
General, regarding the costs and contracting procedures related
to each conference held by any such department, agency, board,
commission, or office during fiscal year 2021 for which the cost
to the United States Government was more than $100,000.
(b) Each report submitted shall include, for each conference
described in subsection (a) held during the applicable period—
(1) a description of its purpose;
(2) the number of participants attending;
(3) a detailed statement of the costs to the United States
Government, including—
(A) the cost of any food or beverages;
(B) the cost of any audio-visual services;
(C) the cost of employee or contractor travel to and
from the conference; and
(D) a discussion of the methodology used to determine
which costs relate to the conference; and
(4) a description of the contracting procedures used
including—
(A) whether contracts were awarded on a competitive
basis; and

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Determination.

Effective date.
Reports.
Contracts.

Statement.

PUBL260A

134 STAT. 1440

Deadline.
Time period.
Notification.

Grants.
Contracts.

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Contracts.
Grants.
Confidentiality
agreements.

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(B) a discussion of any cost comparison conducted by
the departmental component or office in evaluating potential contractors for the conference.
(c) Within 15 days after the end of a quarter, the head of
any such department, agency, board, commission, or office shall
notify the Inspector General or senior ethics official for any entity
without an Inspector General, of the date, location, and number
of employees attending a conference held by any Executive branch
department, agency, board, commission, or office funded by this
or any other appropriations Act during fiscal year 2021 for which
the cost to the United States Government was more than $20,000.
(d) A grant or contract funded by amounts appropriated by
this or any other appropriations Act may not be used for the
purpose of defraying the costs of a conference described in subsection (c) that is not directly and programmatically related to
the purpose for which the grant or contract was awarded, such
as a conference held in connection with planning, training, assessment, review, or other routine purposes related to a project funded
by the grant or contract.
(e) None of the funds made available in this or any other
appropriations Act may be used for travel and conference activities
that are not in compliance with Office of Management and Budget
Memorandum M–12–12 dated May 11, 2012 or any subsequent
revisions to that memorandum.
SEC. 739. None of the funds made available in this or any
other appropriations Act may be used to increase, eliminate, or
reduce funding for a program, project, or activity as proposed in
the President’s budget request for a fiscal year until such proposed
change is subsequently enacted in an appropriation Act, or unless
such change is made pursuant to the reprogramming or transfer
provisions of this or any other appropriations Act.
SEC. 740. None of the funds made available by this or any
other Act may be used to implement, administer, enforce, or apply
the rule entitled ‘‘Competitive Area’’ published by the Office of
Personnel Management in the Federal Register on April 15, 2008
(73 Fed. Reg. 20180 et seq.).
SEC. 741. None of the funds appropriated or otherwise made
available by this or any other Act may be used to begin or announce
a study or public-private competition regarding the conversion to
contractor performance of any function performed by Federal
employees pursuant to Office of Management and Budget Circular
A–76 or any other administrative regulation, directive, or policy.
SEC. 742. (a) None of the funds appropriated or otherwise
made available by this or any other Act may be available for
a contract, grant, or cooperative agreement with an entity that
requires employees or contractors of such entity seeking to report
fraud, waste, or abuse to sign internal confidentiality agreements
or statements prohibiting or otherwise restricting such employees
or contractors from lawfully reporting such waste, fraud, or abuse
to a designated investigative or law enforcement representative
of a Federal department or agency authorized to receive such
information.
(b) The limitation in subsection (a) shall not contravene requirements applicable to Standard Form 312, Form 4414, or any other
form issued by a Federal department or agency governing the
nondisclosure of classified information.

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134 STAT. 1441

SEC. 743. (a) No funds appropriated in this or any other Act
may be used to implement or enforce the agreements in Standard
Forms 312 and 4414 of the Government or any other nondisclosure
policy, form, or agreement if such policy, form, or agreement does
not contain the following provisions: ‘‘These provisions are consistent with and do not supersede, conflict with, or otherwise alter
the employee obligations, rights, or liabilities created by existing
statute or Executive order relating to (1) classified information,
(2) communications to Congress, (3) the reporting to an Inspector
General of a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial
and specific danger to public health or safety, or (4) any other
whistleblower protection. The definitions, requirements, obligations,
rights, sanctions, and liabilities created by controlling Executive
orders and statutory provisions are incorporated into this agreement
and are controlling.’’: Provided, That notwithstanding the preceding
provision of this section, a nondisclosure policy form or agreement
that is to be executed by a person connected with the conduct
of an intelligence or intelligence-related activity, other than an
employee or officer of the United States Government, may contain
provisions appropriate to the particular activity for which such
document is to be used. Such form or agreement shall, at a minimum, require that the person will not disclose any classified
information received in the course of such activity unless specifically
authorized to do so by the United States Government. Such nondisclosure forms shall also make it clear that they do not bar
disclosures to Congress, or to an authorized official of an executive
agency or the Department of Justice, that are essential to reporting
a substantial violation of law.
(b) A nondisclosure agreement may continue to be implemented
and enforced notwithstanding subsection (a) if it complies with
the requirements for such agreement that were in effect when
the agreement was entered into.
(c) No funds appropriated in this or any other Act may be
used to implement or enforce any agreement entered into during
fiscal year 2014 which does not contain substantially similar language to that required in subsection (a).
SEC. 744. None of the funds made available by this or any
other Act may be used to enter into a contract, memorandum
of understanding, or cooperative agreement with, make a grant
to, or provide a loan or loan guarantee to, any corporation that
has any unpaid Federal tax liability that has been assessed, for
which all judicial and administrative remedies have been exhausted
or have lapsed, and that is not being paid in a timely manner
pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of
the unpaid tax liability, unless a Federal agency has considered
suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the
interests of the Government.
SEC. 745. None of the funds made available by this or any
other Act may be used to enter into a contract, memorandum
of understanding, or cooperative agreement with, make a grant
to, or provide a loan or loan guarantee to, any corporation that
was convicted of a felony criminal violation under any Federal
law within the preceding 24 months, where the awarding agency
is aware of the conviction, unless a Federal agency has considered

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Nondisclosure
agreements.

Contracts.
Memorandums.
Grants.
Loans.
Corporations.
Tax liability.
Determination.

Contracts.
Memorandums.
Grants.
Loans.
Corporations.
Criminal
violations.
Time period.
Determination.

PUBL260A

134 STAT. 1442

Notification.

Notification.
Public
information.
Web posting.

5 USC 5303 note.

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Applicability.

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suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the
interests of the Government.
SEC. 746. (a) During fiscal year 2021, on the date on which
a request is made for a transfer of funds in accordance with section
1017 of Public Law 111–203, the Bureau of Consumer Financial
Protection shall notify the Committees on Appropriations of the
House of Representatives and the Senate, the Committee on Financial Services of the House of Representatives, and the Committee
on Banking, Housing, and Urban Affairs of the Senate of such
request.
(b) Any notification required by this section shall be made
available on the Bureau’s public website.
SEC. 747. If, for fiscal year 2021, new budget authority provided
in appropriations Acts exceeds the discretionary spending limit
for any category set forth in section 251(c) of the Balanced Budget
and Emergency Deficit Control Act of 1985 due to estimating differences with the Congressional Budget Office, an adjustment to
the discretionary spending limit in such category for fiscal year
2021 shall be made by the Director of the Office of Management
and Budget in the amount of the excess but the total of all such
adjustments shall not exceed 0.2 percent of the sum of the adjusted
discretionary spending limits for all categories for that fiscal year.
SEC. 748. (a) Notwithstanding any official rate adjusted under
section 104 of title 3, United States Code, the rate payable to
the Vice President during calendar year 2021 shall be the rate
payable to the Vice President on December 31, 2020, by operation
of section 749 of division C of Public Law 116–93.
(b) Notwithstanding any official rate adjusted under section
5318 of title 5, United States Code, or any other provision of
law, the payable rate during calendar year 2021 for an employee
serving in an Executive Schedule position, or in a position for
which the rate of pay is fixed by statute at an Executive Schedule
rate, shall be the rate payable for the applicable Executive Schedule
level on December 31, 2020, by operation of section 749 of division
C of Public Law 116–93. Such an employee may not receive a
rate increase during calendar year 2021, except as provided in
subsection (i).
(c) Notwithstanding section 401 of the Foreign Service Act
of 1980 (Public Law 96–465) or any other provision of law, a
chief of mission or ambassador at large is subject to subsection
(b) in the same manner as other employees who are paid at an
Executive Schedule rate.
(d)(1) This subsection applies to—
(A) a noncareer appointee in the Senior Executive
Service paid a rate of basic pay at or above the official
rate for level IV of the Executive Schedule; or
(B) a limited term appointee or limited emergency
appointee in the Senior Executive Service serving under
a political appointment and paid a rate of basic pay at
or above the official rate for level IV of the Executive
Schedule.
(2) Notwithstanding sections 5382 and 5383 of title 5,
United States Code, an employee described in paragraph (1)
may not receive a pay rate increase during calendar year 2021,
except as provided in subsection (i).

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(e) Notwithstanding any other provision of law, any employee
paid a rate of basic pay (including any locality- based payments
under section 5304 of title 5, United States Code, or similar
authority) at or above the official rate for level IV of the Executive
Schedule who serves under a political appointment may not receive
a pay rate increase during calendar year 2021, except as provided
in subsection (i). This subsection does not apply to employees in
the General Schedule pay system or the Foreign Service pay system,
to employees appointed under section 3161 of title 5, United States
Code, or to employees in another pay system whose position would
be classified at GS–15 or below if chapter 51 of title 5, United
States Code, applied to them.
(f) Nothing in subsections (b) through (e) shall prevent
employees who do not serve under a political appointment from
receiving pay increases as otherwise provided under applicable law.
(g) This section does not apply to an individual who makes
an election to retain Senior Executive Service basic pay under
section 3392(c) of title 5, United States Code, for such time as
that election is in effect.
(h) This section does not apply to an individual who makes
an election to retain Senior Foreign Service pay entitlements under
section 302(b) of the Foreign Service Act of 1980 (Public Law
96–465) for such time as that election is in effect.
(i) Notwithstanding subsections (b) through (e), an employee
in a covered position may receive a pay rate increase upon an
authorized movement to a different covered position only if that
new position has higher-level duties and a pre-established level
or range of pay higher than the level or range for the position
held immediately before the movement. Any such increase must
be based on the rates of pay and applicable limitations on payable
rates of pay in effect on December 31, 2020, by operation of section
749 of division C of Public Law 116–93.
(j) Notwithstanding any other provision of law, for an individual
who is newly appointed to a covered position during the period
of time subject to this section, the initial pay rate shall be based
on the rates of pay and applicable limitations on payable rates
of pay in effect on December 31, 2020, by operation of section
749 of division C of Public Law 116–93.
(k) If an employee affected by this section is subject to a
biweekly pay period that begins in calendar year 2021 but ends
in calendar year 2022, the bar on the employee’s receipt of pay
rate increases shall apply through the end of that pay period.
(l) For the purpose of this section, the term ‘‘covered position’’
means a position occupied by an employee whose pay is restricted
under this section.
(m) This section takes effect on the first day of the first
applicable pay period beginning on or after January 1, 2021.
SEC. 749. Except as expressly provided otherwise, any reference
to ‘‘this Act’’ contained in any title other than title IV or VIII
shall not apply to such title IV or VIII.

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Effective date.

Effective date.

Applicability.

Definition.

Effective date.

PUBL260A

134 STAT. 1444

PUBLIC LAW 116–260—DEC. 27, 2020
TITLE VIII
GENERAL PROVISIONS—DISTRICT OF COLUMBIA
(INCLUDING TRANSFERS OF FUNDS)

Propaganda.
Lobbying.

Advance
approval.

Time period.

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Definition.

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SEC. 801. There are appropriated from the applicable funds
of the District of Columbia such sums as may be necessary for
making refunds and for the payment of legal settlements or judgments that have been entered against the District of Columbia
government.
SEC. 802. None of the Federal funds provided in this Act shall
be used for publicity or propaganda purposes or implementation
of any policy including boycott designed to support or defeat legislation pending before Congress or any State legislature.
SEC. 803. (a) None of the Federal funds provided under this
Act to the agencies funded by this Act, both Federal and District
government agencies, that remain available for obligation or
expenditure 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 agencies funded by this Act, shall be available for obligation or expenditures for an agency through a reprogramming of funds which—
(1) creates new programs;
(2) eliminates a program, project, or responsibility center;
(3) establishes or changes allocations specifically denied,
limited or increased under this Act;
(4) increases funds or personnel by any means for any
program, project, or responsibility center for which funds have
been denied or restricted;
(5) re-establishes any program or project previously
deferred through reprogramming;
(6) augments any existing program, project, or responsibility center through a reprogramming of funds in excess of
$3,000,000 or 10 percent, whichever is less; or
(7) increases by 20 percent or more personnel assigned
to a specific program, project or responsibility center, unless
prior approval is received from the Committees on Appropriations of the House of Representatives and the Senate.
(b) The District of Columbia government is authorized to
approve and execute reprogramming and transfer requests of local
funds under this title through November 7, 2021.
SEC. 804. None of the Federal funds provided in this Act may
be used by the District of Columbia to provide for salaries, expenses,
or other costs associated with the offices of United States Senator
or United States Representative under section 4(d) of the District
of Columbia Statehood Constitutional Convention Initiatives of 1979
(D.C. Law 3–171; D.C. Official Code, sec. 1–123).
SEC. 805. Except as otherwise provided in this section, none
of the funds made available by this Act or by any other Act may
be used to provide any officer or employee of the District of
Columbia with an official vehicle unless the officer or employee
uses the vehicle only in the performance of the officer’s or employee’s
official duties. For purposes of this section, the term ‘‘official duties’’
does not include travel between the officer’s or employee’s residence
and workplace, except in the case of—

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1445

(1) an officer or employee of the Metropolitan Police Department who resides in the District of Columbia or is otherwise
designated by the Chief of the Department;
(2) at the discretion of the Fire Chief, an officer or employee
of the District of Columbia Fire and Emergency Medical Services Department who resides in the District of Columbia and
is on call 24 hours a day;
(3) at the discretion of the Director of the Department
of Corrections, an officer or employee of the District of Columbia
Department of Corrections who resides in the District of
Columbia and is on call 24 hours a day;
(4) at the discretion of the Chief Medical Examiner, an
officer or employee of the Office of the Chief Medical Examiner
who resides in the District of Columbia and is on call 24
hours a day;
(5) at the discretion of the Director of the Homeland Security and Emergency Management Agency, an officer or
employee of the Homeland Security and Emergency Management Agency who resides in the District of Columbia and
is on call 24 hours a day;
(6) the Mayor of the District of Columbia; and
(7) the Chairman of the Council of the District of Columbia.
SEC. 806. (a) None of the Federal funds contained in this
Act may be used by the District of Columbia Attorney General
or any other officer or entity of the District government to provide
assistance for any petition drive or civil action which seeks to
require Congress to provide for voting representation in Congress
for the District of Columbia.
(b) Nothing in this section bars the District of Columbia
Attorney General from reviewing or commenting on briefs in private
lawsuits, or from consulting with officials of the District government
regarding such lawsuits.
SEC. 807. None of the Federal funds contained in this Act
may be used to distribute any needle or syringe for the purpose
of preventing the spread of blood borne pathogens in any location
that has been determined by the local public health or local law
enforcement authorities to be inappropriate for such distribution.
SEC. 808. Nothing in this Act may be construed to prevent
the Council or Mayor of the District of Columbia from addressing
the issue of the provision of contraceptive coverage by health insurance plans, but it is the intent of Congress that any legislation
enacted on such issue should include a ‘‘conscience clause’’ which
provides exceptions for religious beliefs and moral convictions.
SEC. 809. (a) None of the Federal funds contained in this
Act may be used to enact or carry out any law, rule, or regulation
to legalize or otherwise reduce penalties associated with the possession, use, or distribution of any schedule I substance under the
Controlled Substances Act (21 U.S.C. 801 et seq.) or any
tetrahydrocannabinols derivative.
(b) No funds available for obligation or expenditure by the
District of Columbia government under any authority may be used
to enact any law, rule, or regulation to legalize or otherwise reduce
penalties associated with the possession, use, or distribution of
any schedule I substance under the Controlled Substances Act
(21 U.S.C. 801 et seq.) or any tetrahydrocannabinols derivative
for recreational purposes.

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Voting rights.

Needle
distribution.

Contraceptives.
Conscience
exception.

Penalties.
Drugs and drug
abuse.

PUBL260A

134 STAT. 1446
Abortion.

Deadline.
Operating
budget.

Applicability.
Certification.

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Deadline.
Operating
budget.

Advance
approval.

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PUBLIC LAW 116–260—DEC. 27, 2020

SEC. 810. No funds available for obligation or expenditure by
the District of Columbia government under any authority shall
be expended for any abortion except where the life of the mother
would be endangered if the fetus were carried to term or where
the pregnancy is the result of an act of rape or incest.
SEC. 811. (a) No later than 30 calendar days after the date
of the enactment of this Act, the Chief Financial Officer for the
District of Columbia shall submit to the appropriate committees
of Congress, the Mayor, and the Council of the District of Columbia,
a revised appropriated funds operating budget in the format of
the budget that the District of Columbia government submitted
pursuant to section 442 of the District of Columbia Home Rule
Act (D.C. Official Code, sec. 1–204.42), for all agencies of the District
of Columbia government for fiscal year 2021 that is in the total
amount of the approved appropriation and that realigns all budgeted data for personal services and other-than-personal services,
respectively, with anticipated actual expenditures.
(b) This section shall apply only to an agency for which the
Chief Financial Officer for the District of Columbia certifies that
a reallocation is required to address unanticipated changes in program requirements.
SEC. 812. No later than 30 calendar days after the date of
the enactment of this Act, the Chief Financial Officer for the District
of Columbia shall submit to the appropriate committees of Congress,
the Mayor, and the Council for the District of Columbia, a revised
appropriated funds operating budget for the District of Columbia
Public Schools that aligns schools budgets to actual enrollment.
The revised appropriated funds budget shall be in the format of
the budget that the District of Columbia government submitted
pursuant to section 442 of the District of Columbia Home Rule
Act (D.C. Official Code, sec. 1–204.42).
SEC. 813. (a) Amounts appropriated in this Act as operating
funds may be transferred to the District of Columbia’s enterprise
and capital funds and such amounts, once transferred, shall retain
appropriation authority consistent with the provisions of this Act.
(b) The District of Columbia government is authorized to
reprogram or transfer for operating expenses any local funds transferred or reprogrammed in this or the four prior fiscal years from
operating funds to capital funds, and such amounts, once transferred or reprogrammed, shall retain appropriation authority consistent with the provisions of this Act.
(c) The District of Columbia government may not transfer or
reprogram for operating expenses any funds derived from bonds,
notes, or other obligations issued for capital projects.
SEC. 814. None of the Federal funds appropriated in this Act
shall remain available for obligation beyond the current fiscal year,
nor may any be transferred to other appropriations, unless expressly
so provided herein.
SEC. 815. Except as otherwise specifically provided by law
or under this Act, not to exceed 50 percent of unobligated balances
remaining available at the end of fiscal year 2021 from appropriations of Federal funds made available for salaries and expenses
for fiscal year 2021 in this Act, shall remain available through
September 30, 2022, for each such account for the purposes authorized: Provided, That a request shall be submitted to the Committees
on Appropriations of the House of Representatives and the Senate
for approval prior to the expenditure of such funds: Provided further,

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1447

That these requests shall be made in compliance with reprogramming guidelines outlined in section 803 of this Act.
SEC. 816. (a)(1) During fiscal year 2022, during a period in
which neither a District of Columbia continuing resolution or a
regular District of Columbia appropriation bill is in effect, local
funds are appropriated in the amount provided for any project
or activity for which local funds are provided in the Act referred
to in paragraph (2) (subject to any modifications enacted by the
District of Columbia as of the beginning of the period during which
this subsection is in effect) at the rate set forth by such Act.
(2) The Act referred to in this paragraph is the Act of
the Council of the District of Columbia pursuant to which
a proposed budget is approved for fiscal year 2022 which (subject to the requirements of the District of Columbia Home
Rule Act) will constitute the local portion of the annual budget
for the District of Columbia government for fiscal year 2022
for purposes of section 446 of the District of Columbia Home
Rule Act (sec. 1–204.46, D.C. Official Code).
(b) Appropriations made by subsection (a) shall cease to be
available—
(1) during any period in which a District of Columbia
continuing resolution for fiscal year 2022 is in effect; or
(2) upon the enactment into law of the regular District
of Columbia appropriation bill for fiscal year 2022.
(c) An appropriation made by subsection (a) is provided under
the authority and conditions as provided under this Act and shall
be available to the extent and in the manner that would be provided
by this Act.
(d) An appropriation made by subsection (a) shall cover all
obligations or expenditures incurred for such project or activity
during the portion of fiscal year 2022 for which this section applies
to such project or activity.
(e) This section shall not apply to a project or activity during
any period of fiscal year 2022 if any other provision of law (other
than an authorization of appropriations)—
(1) makes an appropriation, makes funds available, or
grants authority for such project or activity to continue for
such period; or
(2) specifically provides that no appropriation shall be
made, no funds shall be made available, or no authority shall
be granted for such project or activity to continue for such
period.
(f) Nothing in this section shall be construed to affect obligations
of the government of the District of Columbia mandated by other
law.
SEC. 817. (a) Section 244 of the Revised Statutes of the United
States relating to the District of Columbia (sec. 9–1201.03, D.C.
Official Code) does not apply with respect to any railroads installed
pursuant to the Long Bridge Project.
(b) In this section, the term ‘‘Long Bridge Project’’ means the
project carried out by the District of Columbia and the Commonwealth of Virginia to construct a new Long Bridge adjacent to
the existing Long Bridge over the Potomac River, including related
infrastructure and other related projects, to expand commuter and
regional passenger rail service and to provide bike and pedestrian
access crossings over the Potomac River.

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Compliance.
Time period.

Applicability.

Definition.
Virginia.

PUBL260A

134 STAT. 1448

PUBLIC LAW 116–260—DEC. 27, 2020

SEC. 818. Not later than 45 days after the last day of each
quarter, each Federal and District government agency appropriated
Federal funds in this Act shall submit to the Committees on Appropriations of the House of Representatives and the Senate a quarterly
budget report that includes total obligations of the Agency for
that quarter for each Federal funds appropriation provided in this
Act, by the source year of the appropriation.
SEC. 819. Except as expressly provided otherwise, any reference
to ‘‘this Act’’ contained in this title or in title IV shall be treated
as referring only to the provisions of this title or of title IV.

Time period.
Reports.

TITLE IX
GENERAL PROVISION—EMERGENCY FUNDING

Reimbursement.

Armed Forces.
Records.

SEC. 901. For an additional amount for ‘‘Records Center
Revolving Fund’’ for the Federal Record Centers Program,
$50,000,000, to remain available until September 30, 2022, to prevent, prepare for, and respond to coronavirus, domestically or internationally, which shall be for offsetting the loss resulting from
the coronavirus pandemic of the user charges collected by such
Fund pursuant to subsection (c) under the heading ‘‘Records Center
Revolving Fund’’ in Public Law 106–58, as amended (44 U.S.C.
2901 note): Provided, That the amount provided under this section
in this Act may be used to reimburse the Fund for obligations
incurred for this purpose prior to the date of the enactment of
this Act: Provided further, That such amount is provided without
regard to the limitation in subsection (d) under the heading ‘‘Records
Center Revolving Fund’’ in Public Law 106–58, as amended (44
U.S.C. 2901 note): Provided further, That the amount provided
under this section in this Act may be used to accelerate processing
of requests for military service records received during the pandemic: Provided further, That such amount is designated 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.
This division may be cited as the ‘‘Financial Services and General Government Appropriations Act, 2021’’.
DIVISION F—DEPARTMENT OF HOMELAND SECURITY
APPROPRIATIONS ACT, 2021

Department of
Homeland
Security
Appropriations
Act, 2021.

TITLE I
DEPARTMENTAL MANAGEMENT, OPERATIONS,
INTELLIGENCE, AND OVERSIGHT
OFFICE

OF THE

SECRETARY

AND

EXECUTIVE MANAGEMENT

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OPERATIONS AND SUPPORT

For necessary expenses of the Office of the Secretary and for
executive management for operations and support, $180,819,000;
of which $20,000,000 shall be for the Office of the Ombudsman
for Immigration Detention, of which $5,000,000 shall remain available until September 30, 2022: Provided, That not to exceed $30,000
shall be for official reception and representation expenses.

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PUBL260A

PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1449

FEDERAL ASSISTANCE
(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of the Office of the Secretary and for
executive management for Federal assistance through grants, contracts, cooperative agreements, and other activities, $25,000,000,
which shall be transferred to the Federal Emergency Management
Agency, of which $20,000,000 shall be for targeted violence and
terrorism prevention grants and of which $5,000,000 shall be for
an Alternatives to Detention Case Management pilot program, to
remain available until September 30, 2022: Provided, That the
amounts made available for the pilot program shall be awarded
to nonprofit organizations and local governments and administered
by a National Board, which shall be chaired by the Officer for
Civil Rights and Civil Liberties, for the purposes of providing case
management services, including but not limited to: mental health
services; human and sex trafficking screening; legal orientation
programs; cultural orientation programs; connections to social services; and for individuals who will be removed, reintegration services:
Provided further, That such services shall be provided to each
individual enrolled into the U.S. Immigration and Customs Enforcement Alternatives to Detention program in the geographic areas
served by the pilot program: Provided further, That any such individual may opt out of receiving such services after providing written
informed consent: Provided further, That not to exceed $350,000
shall be for the administrative costs of the Department of Homeland
Security for the pilot program.

Informed
consent.

MANAGEMENT DIRECTORATE
OPERATIONS AND SUPPORT

For necessary expenses of the Management Directorate for
operations and support, $1,398,162,000: Provided, That not to
exceed $2,000 shall be for official reception and representation
expenses.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

For necessary expenses of the Management Directorate for
procurement, construction, and improvements, $214,795,000, of
which $159,611,000 shall remain available until September 30,
2023; and of which $55,184,000 shall remain available until September 30, 2025.

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FEDERAL PROTECTIVE SERVICE

The revenues and collections of security fees credited to this
account shall be available until expended for necessary expenses
related to the protection of federally owned and leased buildings
and for the operations of the Federal Protective Service.

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134 STAT. 1450

PUBLIC LAW 116–260—DEC. 27, 2020
INTELLIGENCE, ANALYSIS,

AND

OPERATIONS COORDINATION

OPERATIONS AND SUPPORT

For necessary expenses of the Office of Intelligence and Analysis
and the Office of Operations Coordination for operations and support, $298,500,000, of which $82,620,000 shall remain available
until September 30, 2022: Provided, That not to exceed $3,825
shall be for official reception and representation expenses and not
to exceed $2,000,000 is available for facility needs associated with
secure space at fusion centers, including improvements to buildings.
OFFICE

OF THE INSPECTOR

GENERAL

OPERATIONS AND SUPPORT

For necessary expenses of the Office of the Inspector General
for operations and support, $190,186,000: Provided, That not to
exceed $300,000 may be used for certain confidential operational
expenses, including the payment of informants, to be expended
at the direction of the Inspector General.
ADMINISTRATIVE PROVISIONS
Reports.
Grants.
Contracts.
Time period.
Review.
Assessment.
Compliance.

Budget.
Reports.

Contracts.
Award fees.

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Consultation.
Notifications.

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SEC. 101. (a) The Secretary of Homeland Security shall submit
a report not later than October 15, 2021, to the Inspector General
of the Department of Homeland Security listing all grants and
contracts awarded by any means other than full and open competition during fiscal years 2020 or 2021.
(b) The Inspector General shall review the report required
by subsection (a) to assess departmental compliance with applicable
laws and regulations and report the results of that review to the
Committees on Appropriations of the Senate and the House of
Representatives not later than February 15, 2022.
SEC. 102. Not later than 30 days after the last day of each
month, the Chief Financial Officer of the Department of Homeland
Security shall submit to the Committees on Appropriations of the
Senate and the House of Representatives a monthly budget and
staffing report that includes total obligations of the Department
for that month and for the fiscal year at the appropriation and
program, project, and activity levels, by the source year of the
appropriation.
SEC. 103. The Secretary of Homeland Security shall require
that all contracts of the Department of Homeland Security that
provide award fees link such fees to successful acquisition outcomes,
which shall be specified in terms of cost, schedule, and performance.
SEC. 104. (a) The Secretary of Homeland Security, in consultation with the Secretary of the Treasury, shall notify the Committees
on Appropriations of the Senate and the House of Representatives
of any proposed transfers of funds available under section
9705(g)(4)(B) of title 31, United States Code, from the Department
of the Treasury Forfeiture Fund to any agency within the Department of Homeland Security.
(b) None of the funds identified for such a transfer may be
obligated until the Committees on Appropriations of the Senate
and the House of Representatives are notified of the proposed
transfer.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1451

SEC. 105. All official costs associated with the use of Government aircraft by Department of Homeland Security personnel to
support official travel of the Secretary and the Deputy Secretary
shall be paid from amounts made available for the Office of the
Secretary.
SEC. 106. Section 107 of the Department of Homeland Security
Appropriations Act, 2018 (division F of Public Law 115–141), related
to visa overstay data and border security metrics, shall apply in
fiscal year 2021, except that the reference to ‘‘this Act’’ shall be
treated as referring to this Act, and the reference to ‘‘2017’’ shall
be treated as referring to ‘‘2020’’.

Applicability.

TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. CUSTOMS

AND

BORDER PROTECTION

OPERATIONS AND SUPPORT

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(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of U.S. Customs and Border Protection
for operations and support, including the transportation of unaccompanied minor aliens; the provision of air and marine support to
Federal, State, local, and international agencies in the enforcement
or administration of laws enforced by the Department of Homeland
Security; at the discretion of the Secretary of Homeland Security,
the provision of such support to Federal, State, and local agencies
in other law enforcement and emergency humanitarian efforts; the
purchase and lease of up to 7,500 (6,500 for replacement only)
police-type vehicles; the purchase, maintenance, or operation of
marine vessels, aircraft, and unmanned aerial systems; and contracting with individuals for personal services abroad;
$12,908,923,000; of which $3,274,000 shall be derived from the
Harbor Maintenance Trust Fund for administrative expenses
related to the collection of the Harbor Maintenance Fee pursuant
to section 9505(c)(3) of the Internal Revenue Code of 1986 (26
U.S.C. 9505(c)(3)) and notwithstanding section 1511(e)(1) of the
Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); of which
$500,000,000 shall be available until September 30, 2022; and of
which such sums as become available in the Customs User Fee
Account, except sums subject to section 13031(f)(3) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C.
58c(f)(3)), shall be derived from that account: Provided, That not
to exceed $34,425 shall be for official reception and representation
expenses: Provided further, That not to exceed $150,000 shall be
available for payment for rental space in connection with
preclearance operations: Provided further, That not to exceed
$2,000,000 shall be for awards of compensation to informants, to
be accounted for solely under the certificate of the Secretary of
Homeland Security: Provided further, That not to exceed $5,000,000
may be transferred to the Bureau of Indian Affairs for the maintenance and repair of roads on Native American reservations used
by the U.S. Border Patrol.

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134 STAT. 1452

PUBLIC LAW 116–260—DEC. 27, 2020
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

For necessary expenses of U.S. Customs and Border Protection
for procurement, construction, and improvements, including
procurement of marine vessels, aircraft, and unmanned aerial systems, $1,839,634,000, of which $322,235,000 shall remain available
until September 30, 2023, and of which $1,517,399,000 shall remain
available until September 30, 2025.
U.S. IMMIGRATION

AND

CUSTOMS ENFORCEMENT

OPERATIONS AND SUPPORT

Reimbursement.

For necessary expenses of U.S. Immigration and Customs
Enforcement for operations and support, including the purchase
and lease of up to 3,790 (2,350 for replacement only) police-type
vehicles; overseas vetted units; and maintenance, minor construction, and minor leasehold improvements at owned and leased facilities; $7,875,730,000; of which not less than $6,000,000 shall remain
available until expended for efforts to enforce laws against forced
child labor; of which $46,696,000 shall remain available until September 30, 2022; of which not less than $1,500,000 is for paid
apprenticeships for participants in the Human Exploitation Rescue
Operative Child-Rescue Corps; of which not less than $15,000,000
shall be available for investigation of intellectual property rights
violations, including operation of the National Intellectual Property
Rights Coordination Center; and of which not less than
$4,118,902,000 shall be for enforcement, detention, and removal
operations, including transportation of unaccompanied minor aliens:
Provided, That not to exceed $11,475 shall be for official reception
and representation expenses: Provided further, That not to exceed
$10,000,000 shall be available until expended for conducting special
operations under section 3131 of the Customs Enforcement Act
of 1986 (19 U.S.C. 2081): Provided further, That not to exceed
$2,000,000 shall be for awards of compensation to informants, to
be accounted for solely under the certificate of the Secretary of
Homeland Security: Provided further, That not to exceed
$11,216,000 shall be available to fund or reimburse other Federal
agencies for the costs associated with the care, maintenance, and
repatriation of smuggled aliens unlawfully present in the United
States.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

For necessary expenses of U.S. Immigration and Customs
Enforcement for procurement, construction, and improvements,
$97,799,000, of which $24,538,000 shall remain available until September 30, 2023, and of which $73,261,000 shall remain available
until September 30, 2025.
TRANSPORTATION SECURITY ADMINISTRATION

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OPERATIONS AND SUPPORT

For necessary expenses of the Transportation Security Administration for operations and support, $7,793,715,000, to remain available until September 30, 2022: Provided, That not to exceed $7,650
shall be for official reception and representation expenses: Provided

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1453

further, That security service fees authorized under section 44940
of title 49, United States Code, shall be credited to this appropriation as offsetting collections and shall be available only for aviation
security: Provided further, That the sum appropriated under this
heading from the general fund shall be reduced on a dollar-fordollar basis as such offsetting collections are received during fiscal
year 2021 so as to result in a final fiscal year appropriation from
the general fund estimated at not more than $4,853,715,000.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

For necessary expenses of the Transportation Security Administration for procurement, construction, and improvements,
$134,492,000, to remain available until September 30, 2023.
RESEARCH AND DEVELOPMENT

For necessary expenses of the Transportation Security Administration for research and development, $29,524,000, to remain available until September 30, 2022.
COAST GUARD
OPERATIONS AND SUPPORT

For necessary expenses of the Coast Guard for operations and
support including the Coast Guard Reserve; purchase or lease of
not to exceed 25 passenger motor vehicles, which shall be for
replacement only; purchase or lease of small boats for contingent
and emergent requirements (at a unit cost of not more than
$700,000) and repairs and service-life replacements, not to exceed
a total of $31,000,000; purchase, lease, or improvements of boats
necessary for overseas deployments and activities; payments pursuant to section 156 of Public Law 97–377 (42 U.S.C. 402 note;
96 Stat. 1920); and recreation and welfare; $8,485,146,000, of which
$530,000,000 shall be for defense-related activities; of which
$24,500,000 shall be derived from the Oil Spill Liability Trust
Fund to carry out the purposes of section 1012(a)(5) of the Oil
Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); of which $11,000,000
shall remain available until September 30, 2023; of which
$21,186,000 shall remain available until September 30, 2025, for
environmental compliance and restoration; and of which
$70,000,000 shall remain available until September 30, 2022, for
vessel depot level maintenance: Provided, That not to exceed
$23,000 shall be for official reception and representation expenses.

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PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

For necessary expenses of the Coast Guard for procurement,
construction, and improvements, including aids to navigation, shore
facilities (including facilities at Department of Defense installations
used by the Coast Guard), and vessels and aircraft, including equipment related thereto, $2,264,041,000, to remain available until September 30, 2025; of which $20,000,000 shall be derived from the
Oil Spill Liability Trust Fund to carry out the purposes of section
1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)).

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PUBLIC LAW 116–260—DEC. 27, 2020
RESEARCH AND DEVELOPMENT

For necessary expenses of the Coast Guard for research and
development; and for maintenance, rehabilitation, lease, and operation of facilities and equipment; $10,276,000, to remain available
until September 30, 2023, of which $500,000 shall be derived from
the Oil Spill Liability Trust Fund to carry out the purposes of
section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C.
2712(a)(5)): Provided, That there may be credited to and used
for the purposes of this appropriation funds received from State
and local governments, other public authorities, private sources,
and foreign countries for expenses incurred for research, development, testing, and evaluation.
RETIRED PAY

For retired pay, including the payment of obligations otherwise
chargeable to lapsed appropriations for this purpose, payments
under the Retired Serviceman’s Family Protection and Survivor
Benefits Plans, payment for career status bonuses, payment of
continuation pay under section 356 of title 37, United States Code,
concurrent receipts, combat-related special compensation, and payments for medical care of retired personnel and their dependents
under chapter 55 of title 10, United States Code, $1,869,704,000,
to remain available until expended.
UNITED STATES SECRET SERVICE

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OPERATIONS AND SUPPORT

For necessary expenses of the United States Secret Service
for operations and support, including purchase of not to exceed
652 vehicles for police-type use for replacement only; hire of passenger motor vehicles; purchase of motorcycles made in the United
States; hire of aircraft; rental of buildings in the District of
Columbia; fencing, lighting, guard booths, and other facilities on
private or other property not in Government ownership or control,
as may be necessary to perform protective functions; conduct of
and participation in firearms matches; presentation of awards; conduct of behavioral research in support of protective intelligence
and operations; payment in advance for commercial accommodations
as may be necessary to perform protective functions; and payment,
without regard to section 5702 of title 5, United States Code,
of subsistence expenses of employees who are on protective missions,
whether at or away from their duty stations; $2,373,109,000; of
which $41,807,000 shall remain available until September 30, 2022,
and of which $6,000,000 shall be for a grant for activities related
to investigations of missing and exploited children; and of which
up to $15,000,000 may be for calendar year 2020 premium pay
in excess of the annual equivalent of the limitation on the rate
of pay contained in section 5547(a) of title 5, United States Code,
pursuant to section 2 of the Overtime Pay for Protective Services
Act of 2016 (5 U.S.C. 5547 note), as amended by Public Law
115–383: Provided, That not to exceed $19,125 shall be for official
reception and representation expenses: Provided further, That not
to exceed $100,000 shall be to provide technical assistance and
equipment to foreign law enforcement organizations in criminal

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134 STAT. 1455

investigations within the jurisdiction of the United States Secret
Service.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

For necessary expenses of the United States Secret Service
for procurement, construction, and improvements, $52,955,000, to
remain available until September 30, 2023.
RESEARCH AND DEVELOPMENT

For necessary expenses of the United States Secret Service
for research and development, $11,937,000, to remain available
until September 30, 2022.

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ADMINISTRATIVE PROVISIONS
SEC. 201. Section 201 of the Department of Homeland Security
Appropriations Act, 2018 (division F of Public Law 115–141), related
to overtime compensation limitations, shall apply with respect to
funds made available in this Act in the same manner as such
section applied to funds made available in that Act, except that
‘‘fiscal year 2021’’ shall be substituted for ‘‘fiscal year 2018’’.
SEC. 202. Funding made available under the headings ‘‘U.S.
Customs and Border Protection—Operations and Support’’ and ‘‘U.S.
Customs and Border Protection—Procurement, Construction, and
Improvements’’ shall be available for customs expenses when necessary to maintain operations and prevent adverse personnel actions
in Puerto Rico and the U.S. Virgin Islands, in addition to funding
provided by sections 740 and 1406i of title 48, United States Code.
SEC. 203. As authorized by section 601(b) of the United StatesColombia Trade Promotion Agreement Implementation Act (Public
Law 112–42), fees collected from passengers arriving from Canada,
Mexico, or an adjacent island pursuant to section 13031(a)(5) of
the Consolidated Omnibus Budget Reconciliation Act of 1985 (19
U.S.C. 58c(a)(5)) shall be available until expended.
SEC. 204. For an additional amount for ‘‘U.S. Customs and
Border Protection—Operations and Support’’, $31,000,000, to
remain available until expended, to be reduced by amounts collected
and credited to this appropriation in fiscal year 2021 from amounts
authorized to be collected by section 286(i) of the Immigration
and Nationality Act (8 U.S.C. 1356(i)), section 10412 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 8311), and
section 817 of the Trade Facilitation and Trade Enforcement Act
of 2015 (Public Law 114–25), or other such authorizing language:
Provided, That to the extent that amounts realized from such
collections exceed $31,000,000, those amounts in excess of
$31,000,000 shall be credited to this appropriation, to remain available until expended.
SEC. 205. None of the funds made available in this Act for
U.S. Customs and Border Protection may be used to prevent an
individual not in the business of importing a prescription drug
(within the meaning of section 801(g) of the Federal Food, Drug,
and Cosmetic Act) from importing a prescription drug from Canada
that complies with the Federal Food, Drug, and Cosmetic Act:
Provided, That this section shall apply only to individuals transporting on their person a personal-use quantity of the prescription

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Applicability.

Applicability.
Time period.

PUBL260A

134 STAT. 1456

Consultation.

Notification.
Deadline.
Waivers.

Effective date.

Definition.

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Deadline.
Expenditure
plan.

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PUBLIC LAW 116–260—DEC. 27, 2020

drug, not to exceed a 90-day supply: Provided further, That the
prescription drug may not be—
(1) a controlled substance, as defined in section 102 of
the Controlled Substances Act (21 U.S.C. 802); or
(2) a biological product, as defined in section 351 of the
Public Health Service Act (42 U.S.C. 262).
SEC. 206. Notwithstanding any other provision of law, none
of the funds provided in this or any other Act shall be used to
approve a waiver of the navigation and vessel-inspection laws
pursuant to section 501(b) of title 46, United States Code, for
the transportation of crude oil distributed from and to the Strategic
Petroleum Reserve until the Secretary of Homeland Security, after
consultation with the Secretaries of the Departments of Energy
and Transportation and representatives from the United States
flag maritime industry, takes adequate measures to ensure the
use of United States flag vessels: Provided, That the Secretary
shall notify the Committees on Appropriations of the Senate and
the House of Representatives, the Committee on Commerce, Science,
and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives within
2 business days of any request for waivers of navigation and vesselinspection laws pursuant to section 501(b) of title 46, United States
Code, with respect to such transportation, and the disposition of
such requests.
SEC. 207. (a) Beginning on the date of enactment of this Act,
the Secretary of Homeland Security shall not—
(1) establish, collect, or otherwise impose any new border
crossing fee on individuals crossing the Southern border or
the Northern border at a land port of entry; or
(2) conduct any study relating to the imposition of a border
crossing fee.
(b) In this section, the term ‘‘border crossing fee’’ means a
fee that every pedestrian, cyclist, and driver and passenger of
a private motor vehicle is required to pay for the privilege of
crossing the Southern border or the Northern border at a land
port of entry.
SEC. 208. Not later than 90 days after the date of enactment
of this Act, the Secretary of Homeland Security shall submit an
expenditure plan for any amounts made available for ‘‘U.S. Customs
and Border Protection—Procurement, Construction, and Improvements’’ in this Act and prior Acts to the Committees on Appropriations of the Senate and the House of Representatives: Provided,
That no such amounts may be obligated prior to the submission
of such plan.
SEC. 209. Of the total amount made available under ‘‘U.S.
Customs and Border Protection—Procurement, Construction, and
Improvements’’, $464,634,000 shall be available only as follows:
(1) $160,530,000 for the acquisition and deployment of
border security technologies and trade and travel assets and
infrastructure;
(2) $142,399,000 for facility construction and improvements;
(3) $119,076,000 for integrated operations assets and infrastructure; and
(4) $42,629,000 for mission support and infrastructure.
SEC. 210. Of the total amount made available under ‘‘U.S.
Customs and Border Protection—Procurement, Construction, and

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1457

Improvements’’, an amount equal to the amount made available
in section 209(a)(1) of division D of the Consolidated Appropriations
Act, 2020 (Public Law 116–93) shall be made available for the
same purposes as the amount provided under such section in such
Act.
SEC. 211. Federal funds may not be made available for the
construction of fencing—
(1) within the Santa Ana Wildlife Refuge;
(2) within the Bentsen-Rio Grande Valley State Park;
(3) within La Lomita Historical park;
(4) within the National Butterfly Center;
(5) within or east of the Vista del Mar Ranch tract of
the Lower Rio Grande Valley National Wildlife Refuge; or
(6) within historic cemeteries.
SEC. 212. Funds made available in this Act may be used to
alter operations within the National Targeting Center of U.S. Customs and Border Protection: Provided, That none of the funds
provided by this Act, provided by previous appropriations Acts
that remain available for obligation or expenditure 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 components
funded by this Act, may be used to reduce anticipated or planned
vetting operations at existing locations unless specifically authorized by a statute enacted after the date of enactment of this Act.
SEC. 213. Without regard to the limitation as to time and
condition of section 503(d) of this Act, the Secretary may reprogram
within and transfer funds to ‘‘U.S. Immigration and Customs
Enforcement—Operations and Support’’ as necessary to ensure the
detention of aliens prioritized for removal.
SEC. 214. None of the funds provided under the heading ‘‘U.S.
Immigration and Customs Enforcement—Operations and Support’’
may be used to continue a delegation of law enforcement authority
authorized under section 287(g) of the Immigration and Nationality
Act (8 U.S.C. 1357(g)) if the Department of Homeland Security
Inspector General determines that the terms of the agreement
governing the delegation of authority have been materially violated.
SEC. 215. (a) None of the funds provided under the heading
‘‘U.S. Immigration and Customs Enforcement—Operations and Support’’ may be used to continue any contract for the provision of
detention services if the two most recent overall performance
evaluations received by the contracted facility are less than ‘‘adequate’’ or the equivalent median score in any subsequent performance evaluation system.
(b) Beginning not later than January 1, 2021, the performance
evaluations referenced in subsection (a) shall be conducted by the
U.S. Immigration and Customs Enforcement Office of Professional
Responsibility.
SEC. 216. The reports required to be submitted under section
218 of the Department of Homeland Security Appropriations Act,
2020 (division D of Public Law 116–93) shall continue to be submitted with respect to the period beginning 15 days after the
date of the enactment of this Act and semimonthly thereafter,
and each matter required to be included in such report by such
section 218 shall apply in the same manner and to the same
extent during the period described in this section, except that
for purposes of reports submitted with respect to such period
described, the following additional requirements shall be treated

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Aliens.

Determination.

Contracts.
6 USC 211 note.

Effective date.

Time periods.
Applicability.
8 USC 1378a
note.

PUBL260A

134 STAT. 1458

Applicability.

Explosives
detection
systems.

Contracts.
Explosives
detection
systems.

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Reports.
Plans.

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PUBLIC LAW 116–260—DEC. 27, 2020

as being included as subparagraphs (H) through (J) of paragraph
(1) of such section 218—
(1) the average lengths of stay, including average postdetermination length of stay in the case of detainees described
in subparagraph (F), for individuals who remain in detention
as of the last date of each such reporting period;
(2) the number who have been in detention, disaggregated
by the number of detainees described in subparagraph (F),
for each of the following—
(A) over 2 years;
(B) from over 1 year to 2 years;
(C) from over 6 months to 1 year; and
(D) for less than 6 months; and
(3) the number of individuals described in section 115.5
of title 28, Code of Federal Regulations, including the use
and duration of solitary confinement for such person.
SEC. 217. The terms and conditions of sections 216 and 217
of the Department of Homeland Security Appropriations Act, 2020
(division D of Public Law 116–93) shall apply to this Act.
SEC. 218. Members of the United States House of Representatives and the United States Senate, including the leadership; the
heads of Federal agencies and commissions, including the Secretary,
Deputy Secretary, Under Secretaries, and Assistant Secretaries of
the Department of Homeland Security; the United States Attorney
General, Deputy Attorney General, Assistant Attorneys General,
and the United States Attorneys; and senior members of the Executive Office of the President, including the Director of the Office
of Management and Budget, shall not be exempt from Federal
passenger and baggage screening.
SEC. 219. Any award by the Transportation Security Administration to deploy explosives detection systems shall be based on
risk, the airport’s current reliance on other screening solutions,
lobby congestion resulting in increased security concerns, high
injury rates, airport readiness, and increased cost effectiveness.
SEC. 220. Notwithstanding section 44923 of title 49, United
States Code, for fiscal year 2021, any funds in the Aviation Security
Capital Fund established by section 44923(h) of title 49, United
States Code, may be used for the procurement and installation
of explosives detection systems or for the issuance of other transaction agreements for the purpose of funding projects described
in section 44923(a) of such title.
SEC. 221. None of the funds made available by this or any
other Act may be used by the Administrator of the Transportation
Security Administration to implement, administer, or enforce, in
abrogation of the responsibility described in section 44903(n)(1)
of title 49, United States Code, any requirement that airport operators provide airport-financed staffing to monitor exit points from
the sterile area of any airport at which the Transportation Security
Administration provided such monitoring as of December 1, 2013.
SEC. 222. Not later than 30 days after the submission of the
President’s budget proposal, the Administrator of the Transportation Security Administration shall submit to the Committees on
Appropriations and Commerce, Science, and Transportation of the
Senate and the Committees on Appropriations and Homeland Security in the House of Representatives a single report that fulfills
the following requirements:

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1459

(1) a Capital Investment Plan that includes a plan for
continuous and sustained capital investment in new, and the
replacement of aged, transportation security equipment;
(2) the 5-year technology investment plan as required by
section 1611 of title XVI of the Homeland Security Act of
2002, as amended by section 3 of the Transportation Security
Acquisition Reform Act (Public Law 113–245); and
(3) the Advanced Integrated Passenger Screening Technologies report as required by the Senate Report accompanying
the Department of Homeland Security Appropriations Act, 2019
(Senate Report 115–283).
SEC. 223. Section 225 of division A of Public Law 116–6 (49
U.S.C. 44901 note; relating to a pilot program for screening outside
of an existing primary passenger terminal screening area) is
amended in subsection (e) by striking ‘‘2021’’ and inserting ‘‘2023’’.
SEC. 224. None of the funds made available by this Act under
the heading ‘‘Coast Guard—Operations and Support’’ shall be for
expenses incurred for recreational vessels under section 12114 of
title 46, United States Code, except to the extent fees are collected
from owners of yachts and credited to the appropriation made
available by this Act under the heading ‘‘Coast Guard—Operations
and Support’’: Provided, That to the extent such fees are insufficient
to pay expenses of recreational vessel documentation under such
section 12114, and there is a backlog of recreational vessel applications, personnel performing non-recreational vessel documentation
functions under subchapter II of chapter 121 of title 46, United
States Code, may perform documentation under section 12114.
SEC. 225. Without regard to the limitation as to time and
condition of section 503(d) of this Act, after June 30, up to
$10,000,000 may be reprogrammed to or from the Military Pay
and Allowances funding category within ‘‘Coast Guard—Operations
and Support’’ in accordance with subsection (a) of section 503 of
this Act.
SEC. 226. Notwithstanding any other provision of law, the
Commandant of the Coast Guard shall submit to the Committees
on Appropriations of the Senate and the House of Representatives
a future-years capital investment plan as described in the second
proviso under the heading ‘‘Coast Guard—Acquisition, Construction,
and Improvements’’ in the Department of Homeland Security Appropriations Act, 2015 (Public Law 114–4), which shall be subject
to the requirements in the third and fourth provisos under such
heading.
SEC. 227. Of the funds made available for defense-related activities under the heading ‘‘Coast Guard—Operations and Support’’,
up to $190,000,000 that are used for enduring overseas missions
in support of the global fight against terror may be reallocated
by program, project, and activity, notwithstanding section 503 of
this Act.
SEC. 228. None of the funds in this Act shall be used to
reduce the Coast Guard’s Operations Systems Center mission or
its government-employed or contract staff levels.
SEC. 229. None of the funds appropriated by this Act may
be used to conduct, or to implement the results of, a competition
under Office of Management and Budget Circular A–76 for activities
performed with respect to the Coast Guard National Vessel Documentation Center.

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Vessels.

Investment plan.

PUBL260A

134 STAT. 1460

Contracts.

Notification.
Time period.

PUBLIC LAW 116–260—DEC. 27, 2020

SEC. 230. Funds made available in this Act may be used to
alter operations within the Civil Engineering Program of the Coast
Guard nationwide, including civil engineering units, facilities design
and construction centers, maintenance and logistics commands, and
the Coast Guard Academy, except that none of the funds provided
in this Act may be used to reduce operations within any civil
engineering unit unless specifically authorized by a statute enacted
after the date of enactment of this Act.
SEC. 231. Amounts deposited into the Coast Guard Housing
Fund in fiscal year 2021 shall be available until expended to carry
out the purposes of section 2946 of title 14, United States Code,
and shall be in addition to funds otherwise available for such
purposes.
SEC. 232. The United States Secret Service is authorized to
obligate funds in anticipation of reimbursements from executive
agencies, as defined in section 105 of title 5, United States Code,
for personnel receiving training sponsored by the James J. Rowley
Training Center, except that total obligations at the end of the
fiscal year shall not exceed total budgetary resources available
under the heading ‘‘United States Secret Service—Operations and
Support’’ at the end of the fiscal year.
SEC. 233. None of the funds made available to the United
States Secret Service by this Act or by previous appropriations
Acts may be made available for the protection of the head of
a Federal agency other than the Secretary of Homeland Security:
Provided, That the Director of the United States Secret Service
may enter into agreements to provide such protection on a fully
reimbursable basis.
SEC. 234. For purposes of section 503(a)(3) of this Act, up
to $15,000,000 may be reprogrammed within ‘‘United States Secret
Service—Operations and Support’’.
SEC. 235. Funding made available in this Act for ‘‘United States
Secret Service—Operations and Support’’ is available for travel
of United States Secret Service employees on protective missions
without regard to the limitations on such expenditures in this
or any other Act if the Director of the United States Secret Service
or a designee notifies the Committees on Appropriations of the
Senate and the House of Representatives 10 or more days in
advance, or as early as practicable, prior to such expenditures.
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
CYBERSECURITY

AND INFRASTRUCTURE

SECURITY AGENCY

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OPERATIONS AND SUPPORT

For necessary expenses of the Cybersecurity and Infrastructure
Security Agency for operations and support, $1,662,066,000, of
which $22,793,000, shall remain available until September 30, 2022:
Provided, That not to exceed $3,825 shall be for official reception
and representation expenses.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1461

PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

For necessary expenses of the Cybersecurity and Infrastructure
Security Agency for procurement, construction, and improvements,
$353,479,000, to remain available until September 30, 2023.
RESEARCH AND DEVELOPMENT

For necessary expenses of the Cybersecurity and Infrastructure
Security Agency for research and development, $9,431,000, to
remain available until September 30, 2022.
FEDERAL EMERGENCY MANAGEMENT AGENCY
OPERATIONS AND SUPPORT

For necessary expenses of the Federal Emergency Management
Agency for operations and support, $1,129,282,000: Provided, That
not to exceed $2,250 shall be for official reception and representation
expenses.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

For necessary expenses of the Federal Emergency Management
Agency for procurement, construction, and improvements,
$105,985,000, of which $58,387,000 shall remain available until
September 30, 2023, and of which $47,598,000 shall remain available until September 30, 2025.

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FEDERAL ASSISTANCE

For activities of the Federal Emergency Management Agency
for Federal assistance through grants, contracts, cooperative agreements, and other activities, $3,294,892,000, which shall be allocated
as follows:
(1) $610,000,000 for the State Homeland Security Grant
Program under section 2004 of the Homeland Security Act
of 2002 (6 U.S.C. 605), of which $90,000,000 shall be for Operation Stonegarden, $15,000,000 shall be for Tribal Homeland
Security Grants under section 2005 of the Homeland Security
Act of 2002 (6 U.S.C. 606), and $90,000,000 shall be for
organizations (as described under section 501(c)(3) of the
Internal Revenue Code of 1986 and exempt from tax under
section 501(a) of such code) determined by the Secretary of
Homeland Security to be at high risk of a terrorist attack:
Provided, That notwithstanding subsection (c)(4) of such section
2004, for fiscal year 2021, the Commonwealth of Puerto Rico
shall make available to local and tribal governments amounts
provided to the Commonwealth of Puerto Rico under this paragraph in accordance with subsection (c)(1) of such section 2004.
(2) $705,000,000 for the Urban Area Security Initiative
under section 2003 of the Homeland Security Act of 2002 (6
U.S.C. 604), of which $90,000,000 shall be for organizations
(as described under section 501(c)(3) of the Internal Revenue
Code of 1986 and exempt from tax under section 501(a) of
such code) determined by the Secretary of Homeland Security
to be at high risk of a terrorist attack.

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Determination.
Terrorism.

Puerto Rico.

Determination.
Terrorism.

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PUBLIC LAW 116–260—DEC. 27, 2020
(3) $100,000,000 for Public Transportation Security Assistance, Railroad Security Assistance, and Over-the-Road Bus
Security Assistance under sections 1406, 1513, and 1532 of
the Implementing Recommendations of the 9/11 Commission
Act of 2007 (6 U.S.C. 1135, 1163, and 1182), of which
$10,000,000 shall be for Amtrak security and $2,000,000 shall
be for Over-the-Road Bus Security: Provided, That such public
transportation security assistance shall be provided directly
to public transportation agencies.
(4) $100,000,000 for Port Security Grants in accordance
with section 70107 of title 46, United States Code.
(5) $720,000,000, to remain available until September 30,
2022, of which $360,000,000 shall be for Assistance to Firefighter Grants and $360,000,000 shall be for Staffing for Adequate Fire and Emergency Response Grants under sections
33 and 34 respectively of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2229 and 2229a).
(6) $355,000,000 for emergency management performance
grants under the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121), the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701), section
762 of title 6, United States Code, and Reorganization Plan
No. 3 of 1978 (5 U.S.C. App.).
(7) $263,000,000 for necessary expenses for Flood Hazard
Mapping and Risk Analysis, in addition to and to supplement
any other sums appropriated under the National Flood Insurance Fund, and such additional sums as may be provided
by States or other political subdivisions for cost-shared mapping
activities under section 1360(f)(2) of the National Flood Insurance Act of 1968 (42 U.S.C. 4101(f)(2)), to remain available
until expended.
(8) $12,000,000 for Regional Catastrophic Preparedness
Grants.
(9) $12,000,000 for Rehabilitation of High Hazard Potential
Dams under section 8A of the National Dam Safety Program
Act (33 U.S.C. 467f–2).
(10) $130,000,000 for the emergency food and shelter program under title III of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11331), to remain available until expended:
Provided, That not to exceed 3.5 percent shall be for total
administrative costs.
(11) $287,892,000 to sustain current operations for training,
exercises, technical assistance, and other programs.
DISASTER RELIEF FUND

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(INCLUDING TRANSFER OF FUNDS)

For necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.), $17,142,000,000, to remain available until expended, shall
be for major disasters declared pursuant to the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.) and is designated by the Congress as being for disaster
relief pursuant to section 251(b)(2)(D) of the Balanced Budget and
Emergency Deficit Control Act of 1985: Provided, That of the

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134 STAT. 1463

amount provided under this heading, up to $250,000,000 may be
transferred to the Disaster Assistance Direct Loan Program Account
for the cost of direct loans as authorized under section 417 of
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5184), including loans issued pursuant to section
311 of this Act, of which $3,000,000 is for administrative expenses.
NATIONAL FLOOD INSURANCE FUND

For activities under the National Flood Insurance Act of 1968
(42 U.S.C. 4001 et seq.), the Flood Disaster Protection Act of 1973
(42 U.S.C. 4001 et seq.), the Biggert-Waters Flood Insurance Reform
Act of 2012 (Public Law 112–141, 126 Stat. 916), and the Homeowner Flood Insurance Affordability Act of 2014 (Public Law 113–
89; 128 Stat. 1020), $204,412,000, to remain available until September 30, 2022, which shall be derived from offsetting amounts
collected under section 1308(d) of the National Flood Insurance
Act of 1968 (42 U.S.C. 4015(d)); of which $13,906,000 shall be
available for mission support associated with flood management;
and of which $190,506,000 shall be available for flood plain management and flood mapping: Provided, That any additional fees collected pursuant to section 1308(d) of the National Flood Insurance
Act of 1968 (42 U.S.C. 4015(d)) shall be credited as offsetting
collections to this account, to be available for flood plain management and flood mapping: Provided further, That in fiscal year
2021, no funds shall be available from the National Flood Insurance
Fund under section 1310 of the National Flood Insurance Act of
1968 (42 U.S.C. 4017) in excess of—
(1) $181,021,000 for operating expenses and salaries and
expenses associated with flood insurance operations;
(2) $1,164,000,000 for commissions and taxes of agents;
(3) such sums as are necessary for interest on Treasury
borrowings; and
(4) $175,000,000, which shall remain available until
expended, for flood mitigation actions and for flood mitigation
assistance under section 1366 of the National Flood Insurance
Act of 1968 (42 U.S.C. 4104c), notwithstanding sections 1366(e)
and 1310(a)(7) of such Act (42 U.S.C. 4104c(e), 4017):
Provided further, That the amounts collected under section 102
of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a)
and section 1366(e) of the National Flood Insurance Act of 1968
(42 U.S.C. 4104c(e)), shall be deposited in the National Flood Insurance Fund to supplement other amounts specified as available
for section 1366 of the National Flood Insurance Act of 1968,
notwithstanding section 102(f)(8), section 1366(e) of the National
Flood Insurance Act of 1968, and paragraphs (1) through (3) of
section 1367(b) of such Act (42 U.S.C. 4012a(f)(8), 4104c(e),
4104d(b)(1)–(3)): Provided further, That total administrative costs
shall not exceed 4 percent of the total appropriation: Provided
further, That up to $5,000,000 is available to carry out section
24 of the Homeowner Flood Insurance Affordability Act of 2014
(42 U.S.C. 4033).

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ADMINISTRATIVE PROVISIONS
SEC. 301. Funds made available under the heading ‘‘Cybersecurity and Infrastructure Security Agency—Operations and Support’’
may be made available for the necessary expenses of carrying

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134 STAT. 1464

Grants.

Grants.
Deadlines.

Grants.
Briefing.
Time period.
Public
information.

Applicability.

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Grants.
Waiver authority.

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PUBLIC LAW 116–260—DEC. 27, 2020

out the competition specified in section 2(e) of Executive Order
No. 13870 (May 2, 2019), including the provision of monetary and
non-monetary awards for Federal civilian employees and members
of the uniformed services, the necessary expenses for the honorary
recognition of any award recipients, and activities to encourage
participation in the competition, including promotional items: Provided, That any awards made pursuant to this section shall be
of the same type and amount as those authorized under sections
4501 through 4505 of title 5, United States Code.
SEC. 302. Notwithstanding section 2008(a)(12) of the Homeland
Security Act of 2002 (6 U.S.C. 609(a)(12)) or any other provision
of law, not more than 5 percent of the amount of a grant made
available in paragraphs (1) through (4) under ‘‘Federal Emergency
Management Agency—Federal Assistance’’, may be used by the
grantee for expenses directly related to administration of the grant.
SEC. 303. Applications for grants under the heading ‘‘Federal
Emergency Management Agency—Federal Assistance’’, for paragraphs (1) through (4), shall be made available to eligible applicants
not later than 60 days after the date of enactment of this Act,
eligible applicants shall submit applications not later than 80 days
after the grant announcement, and the Administrator of the Federal
Emergency Management Agency shall act within 65 days after
the receipt of an application.
SEC. 304. Under the heading ‘‘Federal Emergency Management
Agency—Federal Assistance’’, for grants under paragraphs (1)
through (4), (8), and (9), the Administrator of the Federal Emergency Management Agency shall brief the Committees on Appropriations of the Senate and the House of Representatives 5 full
business days in advance of announcing publicly the intention of
making an award.
SEC. 305. Under the heading ‘‘Federal Emergency Management
Agency—Federal Assistance’’, for grants under paragraphs (1) and
(2), the installation of communications towers is not considered
construction of a building or other physical facility.
SEC. 306. The reporting requirements in paragraphs (1) and
(2) under the heading ‘‘Federal Emergency Management Agency—
Disaster Relief Fund’’ in the Department of Homeland Security
Appropriations Act, 2015 (Public Law 114–4) shall be applied in
fiscal year 2021 with respect to budget year 2022 and current
fiscal year 2021, respectively—
(1) in paragraph (1) by substituting ‘‘fiscal year 2022’’ for
‘‘fiscal year 2016’’; and
(2) in paragraph (2) by inserting ‘‘business’’ after ‘‘fifth’’.
SEC. 307. In making grants under the heading ‘‘Federal Emergency Management Agency—Federal Assistance’’, for Staffing for
Adequate Fire and Emergency Response grants, the Administrator
of the Federal Emergency Management Agency may grant waivers
from the requirements in subsections (a)(1)(A), (a)(1)(B), (a)(1)(E),
(c)(1), (c)(2), and (c)(4) of section 34 of the Federal Fire Prevention
and Control Act of 1974 (15 U.S.C. 2229a).
SEC. 308. The aggregate charges assessed during fiscal year
2021, as authorized in title III of the Departments of Veterans
Affairs and Housing and Urban Development, and Independent
Agencies Appropriations Act, 1999 (42 U.S.C. 5196e), shall not
be less than 100 percent of the amounts anticipated by the Department of Homeland Security to be necessary for its Radiological
Emergency Preparedness Program for the next fiscal year: Provided,

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1465

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That the methodology for assessment and collection of fees shall
be fair and equitable and shall reflect costs of providing such
services, including administrative costs of collecting such fees: Provided further, That such fees shall be deposited in a Radiological
Emergency Preparedness Program account as offsetting collections
and will become available for authorized purposes on October 1,
2021, and remain available until expended.
SEC. 309. (a) Any balances of funds appropriated in any prior
Act for activities funded by National Predisaster Mitigation Fund
under section 203 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5133) (as in effect on the
day before the date of enactment of section 1234 of division D
of Public Law 115–254) may be transferred to and merged for
all purposes with the funds set aside pursuant to subsection (i)(1)
of section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133), as in effect on the date
of the enactment of this section.
(b) The transfer authorized in subsection (a) may not occur
until the Administrator of the Federal Emergency Management
Agency submits to the Committees on Appropriations of the Senate
and the House of Representatives a plan for the obligation of
funds pursuant to such subsection (i)(1), including the criteria to
be used for awarding grants and a process for tracking the obligation of such transferred funds.
SEC. 310. In making grants under the heading ‘‘Federal Emergency Management Agency—Federal Assistance’’, for Assistance to
Firefighter Grants, the Administrator of the Federal Emergency
Management Agency may waive subsection (k) of section 33 of
the Federal Fire Prevention and Control Act of 1974 (15 U.S.C.
2229).
SEC. 311. (a) For major disasters declared in 2018 pursuant
to the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5170), a territory or possession of the United States
shall be deemed to be a local government for purposes of section
417 of such Act (42 U.S.C. 5184) and section 206.361(a) of title
44, Code of Federal Regulations.
(b) Notwithstanding section 206.361(a) of title 44, Code of Federal Regulations, the President may provide a loan until the last
day of the fiscal year that is 3 fiscal years after the fiscal year
in which the natural disaster described in such subsection occurs.
(c) Notwithstanding section 417(b) of such Act and section
206.361(b) of title 44, Code of Federal Regulations, the amount
of any loan issued to a territory or possession may—
(1) exceed $5,000,000; and
(2) may be based on the projected loss of tax and other
revenues and on projected cash outlays not previously budgeted
for a period not to exceed 1 year beginning on the date that
the major disaster occurred.

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Fees.

Effective date.

Plan.
Criteria.

Grants.
Waiver authority.

President.
Loans.
Termination
date.

Time period.

PUBL260A

134 STAT. 1466

PUBLIC LAW 116–260—DEC. 27, 2020
TITLE IV
RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
U.S. CITIZENSHIP

AND IMMIGRATION

SERVICES

OPERATIONS AND SUPPORT

For necessary expenses of U.S. Citizenship and Immigration
Services for operations and support of the E-Verify Program,
$117,790,000.
FEDERAL ASSISTANCE

For necessary expenses of U.S. Citizenship and Immigration
Services for Federal assistance for the Citizenship and Integration
Grant Program, $10,000,000.
FEDERAL LAW ENFORCEMENT TRAINING CENTERS
OPERATIONS AND SUPPORT

For necessary expenses of the Federal Law Enforcement
Training Centers for operations and support, including the purchase
of not to exceed 117 vehicles for police-type use and hire of passenger motor vehicles, and services as authorized by section 3109
of title 5, United States Code, $314,348,000, of which $61,391,000
shall remain available until September 30, 2022: Provided, That
not to exceed $7,180 shall be for official reception and representation
expenses.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

For necessary expenses of the Federal Law Enforcement
Training Centers for procurement, construction, and improvements,
$26,000,000, to remain available until September 30, 2025, for
acquisition of necessary additional real property and facilities,
construction and ongoing maintenance, facility improvements and
related expenses of the Federal Law Enforcement Training Centers.
SCIENCE

AND

TECHNOLOGY DIRECTORATE

OPERATIONS AND SUPPORT

For necessary expenses of the Science and Technology Directorate for operations and support, including the purchase or lease
of not to exceed 5 vehicles, $302,703,000, of which $180,112,000
shall remain available until September 30, 2022: Provided, That
not to exceed $10,000 shall be for official reception and representation expenses.

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PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

For necessary expenses of the Science and Technology Directorate for procurement, construction, and improvements,
$18,927,000, to remain available until September 30, 2025.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1467

RESEARCH AND DEVELOPMENT

For necessary expenses of the Science and Technology Directorate for research and development, $443,928,000, to remain available until September 30, 2023.
COUNTERING WEAPONS

OF

MASS DESTRUCTION OFFICE

OPERATIONS AND SUPPORT

For necessary expenses of the Countering Weapons of Mass
Destruction Office for operations and support, $179,892,000, of
which $20,697,000 shall remain available until September 30, 2022:
Provided, That not to exceed $2,250 shall be for official reception
and representation expenses.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

For necessary expenses of the Countering Weapons of Mass
Destruction Office for procurement, construction, and improvements, $87,413,000, to remain available until September 30, 2023.
RESEARCH AND DEVELOPMENT

For necessary expenses of the Countering Weapons of Mass
Destruction Office for research and development, $65,309,000, to
remain available until September 30, 2023.
FEDERAL ASSISTANCE

For necessary expenses of the Countering Weapons of Mass
Destruction Office for Federal assistance through grants, contracts,
cooperative agreements, and other activities, $69,663,000, to remain
available until September 30, 2023.

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ADMINISTRATIVE PROVISIONS
SEC. 401. Notwithstanding any other provision of law, funds
otherwise made available to U.S. Citizenship and Immigration Services may be used to acquire, operate, equip, and dispose of up
to 5 vehicles, for replacement only, for areas where the Administrator of General Services does not provide vehicles for lease: Provided, That the Director of U.S. Citizenship and Immigration Services may authorize employees who are assigned to those areas
to use such vehicles to travel between the employees’ residences
and places of employment.
SEC. 402. None of the funds appropriated by this Act may
be used to process or approve a competition under Office of Management and Budget Circular A–76 for services provided by employees
(including employees serving on a temporary or term basis) of
U.S. Citizenship and Immigration Services of the Department of
Homeland Security who are known as Immigration Information
Officers, Immigration Service Analysts, Contact Representatives,
Investigative Assistants, or Immigration Services Officers.
SEC. 403. The terms and conditions of section 403 of the Department of Homeland Security Appropriations Act, 2020 (division D
of Public Law 116–93) shall apply to this Act.
SEC. 404. The Director of the Federal Law Enforcement
Training Centers is authorized to distribute funds to Federal law

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Applicability.
8 USC 1377a
note.

PUBL260A

134 STAT. 1468

PUBLIC LAW 116–260—DEC. 27, 2020

enforcement agencies for expenses incurred participating in training
accreditation.
SEC. 405. The Federal Law Enforcement Training Accreditation
Board, including representatives from the Federal law enforcement
community and non-Federal accreditation experts involved in law
enforcement training, shall lead the Federal law enforcement
training accreditation process to continue the implementation of
measuring and assessing the quality and effectiveness of Federal
law enforcement training programs, facilities, and instructors.
SEC. 406. The Director of the Federal Law Enforcement
Training Centers may accept transfers to its ‘‘Procurement,
Construction, and Improvements’’ account from Government agencies requesting the construction of special use facilities, as authorized by the Economy Act (31 U.S.C. 1535(b)): Provided, That the
Federal Law Enforcement Training Centers maintain administrative control and ownership upon completion of such facilities.
SEC. 407. The functions of the Federal Law Enforcement
Training Centers instructor staff shall be classified as inherently
governmental for purposes of the Federal Activities Inventory
Reform Act of 1998 (31 U.S.C. 501 note).
TITLE V
GENERAL PROVISIONS
(INCLUDING TRANSFERS AND RESCISSIONS OF FUNDS)

Notifications.
Time periods.

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Contracts.

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SEC. 501. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
SEC. 502. Subject to the requirements of section 503 of this
Act, the unexpended balances of prior appropriations provided for
activities in this Act may be transferred to appropriation accounts
for such activities established pursuant to this Act, may be merged
with funds in the applicable established accounts, and thereafter
may be accounted for as one fund for the same time period as
originally enacted.
SEC. 503. (a) None of the funds provided by this Act, provided
by previous appropriations Acts to the components in or transferred
to the Department of Homeland Security that remain available
for obligation or expenditure 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 components funded by this
Act, shall be available for obligation or expenditure through a
reprogramming of funds that—
(1) creates or eliminates a program, project, or activity,
or increases funds for any program, project, or activity for
which funds have been denied or restricted by the Congress;
(2) contracts out any function or activity presently performed by Federal employees or any new function or activity
proposed to be performed by Federal employees in the President’s budget proposal for fiscal year 2021 for the Department
of Homeland Security;
(3) augments funding for existing programs, projects, or
activities in excess of $5,000,000 or 10 percent, whichever is
less;

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1469

(4) reduces funding for any program, project, or activity,
or numbers of personnel, by 10 percent or more; or
(5) results from any general savings from a reduction in
personnel that would result in a change in funding levels for
programs, projects, or activities as approved by the Congress.
(b) Subsection (a) shall not apply if the Committees on Appropriations of the Senate and the House of Representatives are notified at least 15 days in advance of such reprogramming.
(c) Up to 5 percent of any appropriation made available for
the current fiscal year for the Department of Homeland Security
by this Act or provided by previous appropriations Acts may be
transferred between such appropriations if the Committees on
Appropriations of the Senate and the House of Representatives
are notified at least 30 days in advance of such transfer, but
no such appropriation, except as otherwise specifically provided,
shall be increased by more than 10 percent by such transfer.
(d) Notwithstanding subsections (a), (b), and (c), no funds shall
be reprogrammed within or transferred between appropriations
based upon an initial notification provided after June 30, except
in extraordinary circumstances that imminently threaten the safety
of human life or the protection of property.
(e) The notification thresholds and procedures set forth in subsections (a), (b), (c), and (d) shall apply to any use of deobligated
balances of funds provided in previous Department of Homeland
Security Appropriations Acts that remain available for obligation
in the current year.
(f) Notwithstanding subsection (c), the Secretary of Homeland
Security may transfer to the fund established by 8 U.S.C. 1101
note, up to $20,000,000 from appropriations available to the Department of Homeland Security: Provided, That the Secretary shall
notify the Committees on Appropriations of the Senate and the
House of Representatives at least 5 days in advance of such transfer.
SEC. 504. Section 504 of the Department of Homeland Security
Appropriations Act, 2017 (division F of Public Law 115–31), related
to the operations of a working capital fund, shall apply with respect
to funds made available in this Act in the same manner as such
section applied to funds made available in that Act: Provided,
That funds from such working capital fund may be obligated and
expended in anticipation of reimbursements from components of
the Department of Homeland Security.
SEC. 505. Except as otherwise specifically provided by law,
not to exceed 50 percent of unobligated balances remaining available
at the end of fiscal year 2021, as recorded in the financial records
at the time of a reprogramming notification, but not later than
June 30, 2022, from appropriations for ‘‘Operations and Support’’
for fiscal year 2021 in this Act shall remain available through
September 30, 2022, in the account and for the purposes for which
the appropriations were provided: Provided, That prior to the obligation of such funds, a notification shall be submitted to the Committees on Appropriations of the Senate and the House of Representatives in accordance with section 503 of this Act.
SEC. 506. Funds made available by this Act for intelligence
activities are deemed to be specifically authorized by the Congress
for purposes of section 504 of the National Security Act of 1947
(50 U.S.C. 414) during fiscal year 2021 until the enactment of
an Act authorizing intelligence activities for fiscal year 2021.

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Deadline.

Applicability.

Applicability.
31 USC 501 note.

Time period.
Deadline.

Notification.

PUBL260A

134 STAT. 1470
Notifications.
Time period.
Grants.
Contracts.
Public
information.

Determination.
Deadline.

Notification.
Contracts.

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Applicability.

Definition.

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PUBLIC LAW 116–260—DEC. 27, 2020

SEC. 507. (a) The Secretary of Homeland Security, or the designee of the Secretary, shall notify the Committees on Appropriations of the Senate and the House of Representatives at least
3 full business days in advance of—
(1) making or awarding a grant allocation or grant in
excess of $1,000,000;
(2) making or awarding a contract, other transaction agreement, or task or delivery order on a Department of Homeland
Security multiple award contract, or to issue a letter of intent
totaling in excess of $4,000,000;
(3) awarding a task or delivery order requiring an obligation of funds in an amount greater than $10,000,000 from
multi-year Department of Homeland Security funds;
(4) making a sole-source grant award; or
(5) announcing publicly the intention to make or award
items under paragraph (1), (2), (3), or (4), including a contract
covered by the Federal Acquisition Regulation.
(b) If the Secretary of Homeland Security determines that
compliance with this section would pose a substantial risk to human
life, health, or safety, an award may be made without notification,
and the Secretary shall notify the Committees on Appropriations
of the Senate and the House of Representatives not later than
5 full business days after such an award is made or letter issued.
(c) A notification under this section—
(1) may not involve funds that are not available for obligation; and
(2) shall include the amount of the award; the fiscal year
for which the funds for the award were appropriated; the type
of contract; and the account from which the funds are being
drawn.
SEC. 508. Notwithstanding any other provision of law, no agency
shall purchase, construct, or lease any additional facilities, except
within or contiguous to existing locations, to be used for the purpose
of conducting Federal law enforcement training without advance
notification to the Committees on Appropriations of the Senate
and the House of Representatives, except that the Federal Law
Enforcement Training Centers is authorized to obtain the temporary
use of additional facilities by lease, contract, or other agreement
for training that cannot be accommodated in existing Centers’ facilities.
SEC. 509. None of the funds appropriated or otherwise made
available by this Act may be used for expenses for any construction,
repair, alteration, or acquisition project for which a prospectus
otherwise required under chapter 33 of title 40, United States
Code, has not been approved, except that necessary funds may
be expended for each project for required expenses for the development of a proposed prospectus.
SEC. 510. Sections 520, 522, and 530 of the Department of
Homeland Security Appropriations Act, 2008 (division E of Public
Law 110–161; 121 Stat. 2073 and 2074) shall apply with respect
to funds made available in this Act in the same manner as such
sections applied to funds made available in that Act.
SEC. 511. None of the funds made available in this Act may
be used in contravention of the applicable provisions of the Buy
American Act: Provided, That for purposes of the preceding sentence, the term ‘‘Buy American Act’’ means chapter 83 of title
41, United States Code.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1471

SEC. 512. None of the funds made available in this Act may
be used to amend the oath of allegiance required by section 337
of the Immigration and Nationality Act (8 U.S.C. 1448).
SEC. 513. None of the funds provided or otherwise made available in this Act shall be available to carry out section 872 of
the Homeland Security Act of 2002 (6 U.S.C. 452) unless explicitly
authorized by the Congress.
SEC. 514. None of the funds made available in this Act may
be used for planning, testing, piloting, or developing a national
identification card.
SEC. 515. Any official that is required by this Act to report
or to certify to the Committees on Appropriations of the Senate
and the House of Representatives may not delegate such authority
to perform that act unless specifically authorized herein.
SEC. 516. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer, release,
or assist in the transfer or release to or within the United States,
its territories, or possessions Khalid Sheikh Mohammed or any
other detainee who—
(1) is not a United States citizen or a member of the
Armed Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense.
SEC. 517. None of the funds made available in 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.
SEC. 518. None of the funds made available in this Act may
be used to employ workers described in section 274A(h)(3) of the
Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)).
SEC. 519. Notwithstanding any other provision of this Act,
none of the funds appropriated or otherwise made available by
this Act may be used to pay award or incentive fees for contractor
performance that has been judged to be below satisfactory performance or performance that does not meet the basic requirements
of a contract.
SEC. 520. None of the funds appropriated or otherwise made
available by this Act may be used by the Department of Homeland
Security to enter into any Federal contract unless such contract
is entered into in accordance with the requirements of subtitle
I of title 41, United States Code, or chapter 137 of title 10, United
States Code, and the Federal Acquisition Regulation, unless such
contract is otherwise authorized by statute to be entered into without regard to the above referenced statutes.
SEC. 521. (a) 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.
(b) 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.
SEC. 522. None of the funds made available in this Act may
be used by a Federal law enforcement officer to facilitate the
transfer of an operable firearm to an individual if the Federal
law enforcement officer knows or suspects that the individual is

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National
identification
card.
Delegation
authority.

Khalid Sheikh
Mohammed.
Detainees.
Cuba.

Contracts.

Contracts.

Pornography.

Firearms.

PUBL260A

134 STAT. 1472

Determination.
Notification.
Deadline.

Definition.

Pay reform.
Time period.
Effective date.
Notification.

Analysis.
Web posting.
Public
information.
Reports.
Determination.

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Time period.

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PUBLIC LAW 116–260—DEC. 27, 2020

an agent of a drug cartel unless law enforcement personnel of
the United States continuously monitor or control the firearm at
all times.
SEC. 523. None of the funds made available in this Act may
be used to pay for the travel to or attendance of more than 50
employees of a single component of the Department of Homeland
Security, who are stationed in the United States, at a single international conference unless the Secretary of Homeland Security,
or a designee, determines that such attendance is in the national
interest and notifies the Committees on Appropriations of the
Senate and the House of Representatives within at least 10 days
of that determination and the basis for that determination: Provided, That for purposes of this section the term ‘‘international
conference’’ shall mean a conference occurring outside of the United
States attended by representatives of the United States Government
and of foreign governments, international organizations, or nongovernmental organizations: Provided further, That the total cost
to the Department of Homeland Security of any such conference
shall not exceed $500,000.
SEC. 524. None of the funds made available in this Act may
be used to reimburse any Federal department or agency for its
participation in a National Special Security Event.
SEC. 525. None of the funds made available to the Department
of Homeland Security by this or any other Act may be obligated
for any structural pay reform that affects more than 100 fulltime positions or costs more than $5,000,000 in a single year before
the end of the 30-day period beginning on the date on which
the Secretary of Homeland Security submits to Congress a notification that includes—
(1) the number of full-time positions affected by such
change;
(2) funding required for such change for the current year
and through the Future Years Homeland Security Program;
(3) justification for such change; and
(4) an analysis of compensation alternatives to such change
that were considered by the Department.
SEC. 526. (a) 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 Committees on Appropriations of the Senate and the House
of Representatives in this Act, upon the determination by the head
of the agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if—
(1) the public posting of the report compromises homeland
or national security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the Committees
on Appropriations of the Senate and the House of Representatives
for not less than 45 days except as otherwise specified in law.
SEC. 527. (a) Funding provided in this Act for ‘‘Operations
and Support’’ may be used for minor procurement, construction,
and improvements.
(b) For purposes of subsection (a), ‘‘minor’’ refers to end items
with a unit cost of $250,000 or less for personal property, and
$2,000,000 or less for real property.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1473

SEC. 528. None of the funds made available by this Act may
be obligated or expended to implement the Arms Trade Treaty
until the Senate approves a resolution of ratification for the Treaty.
SEC. 529. The authority provided by section 532 of the Department of Homeland Security Appropriations Act, 2018 (Public Law
115–141) regarding primary and secondary schooling of dependents
shall continue in effect during fiscal year 2021.
SEC. 530. (a) For an additional amount for ‘‘Federal Emergency
Management Agency—Federal Assistance’’, $12,700,000, to remain
available until September 30, 2022, exclusively for providing
reimbursement of extraordinary law enforcement or other emergency personnel costs for protection activities directly and demonstrably associated with any residence of the President that is designated or identified to be secured by the United States Secret
Service.
(b) Subsections (b) through (f) of section 534 of the Department
of Homeland Security Appropriations Act, 2018 (Public Law 115–
141), shall be applied with respect to amounts made available
by subsection (a) of this section by substituting ‘‘October 1, 2021’’
for ‘‘October 1, 2018’’ and ‘‘October 1, 2020’’ for ‘‘October 1, 2017’’.
SEC. 531. (a) Section 831 of the Homeland Security Act of
2002 (6 U.S.C. 391) shall be applied—
(1) In subsection (a), by substituting ‘‘September 30, 2021,’’
for ‘‘September 30, 2017,’’; and
(2) In subsection (c)(1), by substituting ‘‘September 30,
2021,’’ for ‘‘September 30, 2017’’.
(b) The Secretary of Homeland Security, under the authority
of section 831 of the Homeland Security Act of 2002 (6 U.S.C.
391(a)), may carry out prototype projects under section 2371b of
title 10, United States Code, and the Secretary shall perform the
functions of the Secretary of Defense as prescribed.
(c) The Secretary of Homeland Security under section 831 of
the Homeland Security Act of 2002 (6 U.S.C. 391(d)) may use
the definition of nontraditional government contractor as defined
in section 2371b(e) of title 10, United States Code.
SEC. 532. (a) None of the funds appropriated or otherwise
made available to the Department of Homeland Security by this
Act may be used to prevent any of the following persons from
entering, for the purpose of conducting oversight, any facility operated by or for the Department of Homeland Security used to detain
or otherwise house aliens, or to make any temporary modification
at any such facility that in any way alters what is observed by
a visiting member of Congress or such designated employee, compared to what would be observed in the absence of such modification:
(1) A Member of Congress.
(2) An employee of the United States House of Representatives or the United States Senate designated by such a Member
for the purposes of this section.
(b) Nothing in this section may be construed to require a
Member of Congress to provide prior notice of the intent to enter
a facility described in subsection (a) for the purpose of conducting
oversight.
(c) With respect to individuals described in subsection (a)(2),
the Department of Homeland Security may require that a request
be made at least 24 hours in advance of an intent to enter a
facility described in subsection (a).

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Approval.

Extension.

Applicability.

Applicability.
6 USC 391 note.

Definition.

Aliens.

Time period.

PUBL260A

134 STAT. 1474
Pregnant women.
Determinations.

Records.
Abuse.

Sexual assault.
Law enforcement
and crime.

Applicability.

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Deadline.
Budget
submission.
Proposals.

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PUBLIC LAW 116–260—DEC. 27, 2020

SEC. 533. (a) Except as provided in subsection (b), none of
the funds made available in this Act may be used to place restraints
on a woman in the custody of the Department of Homeland Security
(including during transport, in a detention facility, or at an outside
medical facility) who is pregnant or in post-delivery recuperation.
(b) Subsection (a) shall not apply with respect to a pregnant
woman if—
(1) an appropriate official of the Department of Homeland
Security makes an individualized determination that the
woman—
(A) is a serious flight risk, and such risk cannot be
prevented by other means; or
(B) poses an immediate and serious threat to harm
herself or others that cannot be prevented by other means;
or
(2) a medical professional responsible for the care of the
pregnant woman determines that the use of therapeutic
restraints is appropriate for the medical safety of the woman.
(c) If a pregnant woman is restrained pursuant to subsection
(b), only the safest and least restrictive restraints, as determined
by the appropriate medical professional treating the woman, may
be used. In no case may restraints be used on a woman who
is in active labor or delivery, and in no case may a pregnant
woman be restrained in a face-down position with four-point
restraints, on her back, or in a restraint belt that constricts the
area of the pregnancy. A pregnant woman who is immobilized
by restraints shall be positioned, to the maximum extent feasible,
on her left side.
SEC. 534. (a) None of the funds made available by this Act
may be used to destroy any document, recording, or other record
pertaining to any—
(1) death of,
(2) potential sexual assault or abuse perpetrated against,
or
(3) allegation of abuse, criminal activity, or disruption committed by
an individual held in the custody of the Department of Homeland
Security.
(b) The records referred to in subsection (a) shall be made
available, in accordance with applicable laws and regulations, and
Federal rules governing disclosure in litigation, to an individual
who has been charged with a crime, been placed into segregation,
or otherwise punished as a result of an allegation described in
paragraph (3), upon the request of such individual.
SEC. 535. Section 519 of division F of Public Law 114–113,
regarding a prohibition on funding for any position designated
as a Principal Federal Official, shall apply with respect to any
Federal funds in the same manner as such section applied to
funds made available in that Act.
SEC. 536. Within 60 days of any budget submission for the
Department of Homeland Security for fiscal year 2022 that assumes
revenues or proposes a reduction from the previous year based
on user fees proposals that have not been enacted into law prior
to the submission of the budget, the Secretary of Homeland Security
shall provide the Committees on Appropriations of the Senate and
the House of Representatives specific reductions in proposed discretionary budget authority commensurate with the revenues assumed

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PUBL260A

PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1475

in such proposals in the event that they are not enacted prior
to October 1, 2021.
SEC. 537. (a) Not later than 10 days after the date on which
the budget of the President for a fiscal year is submitted to Congress
pursuant to section 1105(a) of title 31, United States Code, the
Secretary of Homeland Security shall submit to the Committees
on Appropriations of the Senate and the House of Representatives
a report on the unfunded priorities, for the Department of Homeland
Security and separately for each departmental component, for which
discretionary funding would be classified as budget function 050.
(b) Each report under this section shall specify, for each such
unfunded priority—
(1) a summary description, including the objectives to be
achieved if such priority is funded (whether in whole or in
part);
(2) the description, including the objectives to be achieved
if such priority is funded (whether in whole or in part);
(3) account information, including the following (as
applicable):
(A) appropriation account; and
(B) program, project, or activity name; and
(4) the additional number of full-time or part-time positions
to be funded as part of such priority.
(c) In this section, the term ‘‘unfunded priority’’, in the case
of a fiscal year, means a requirement that—
(1) is not funded in the budget referred to in subsection
(a);
(2) is necessary to fulfill a requirement associated with
an operational or contingency plan for the Department; and
(3) would have been recommended for funding through
the budget referred to in subsection (a) if—
(A) additional resources had been available for the
budget to fund the requirement;
(B) the requirement has emerged since the budget
was formulated; or
(C) the requirement is necessary to sustain prior-year
investments.

Reports.

Summary.

Definition.

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(TRANSFER OF FUNDS)

SEC. 538. Not later than 30 days after the date of enactment
of this Act, $20,000,000 in unobligated balances from amounts
made available in section 212(b) of division D of the Consolidated
Appropriations Act, 2020 (Public Law 116–93) shall be transferred
to ‘‘Countering Weapons of Mass Destruction Office—Procurement,
Construction, and Improvements’’ for the development of a department-wide electronic health records system, and shall remain available until September 30, 2022, in addition to any amounts otherwise
available for such purposes: Provided, That the amounts transferred
pursuant to this section that were previously designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 are designated by the Congress as an emergency
requirement pursuant to that section of that Act.

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Deadline.
Records.

PUBL260A

134 STAT. 1476

PUBLIC LAW 116–260—DEC. 27, 2020

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(RESCISSIONS OF FUNDS)

SEC. 539. Of the funds appropriated to the Department of
Homeland Security, the following funds are hereby rescinded from
the following accounts and programs in the specified amounts:
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 (Public Law
99–177):
(1) $27,036,000 from Public Law 115–141 under the
heading ‘‘U.S. Customs and Border Protection—Procurement,
Construction, and Improvements’’.
(2) $15,000,000 from the unobligated balances available
in the ‘‘U.S. Customs and Border Protection—Border Security,
Fencing, Infrastructure, and Technology’’ account (70 × 0533).
(3) $6,000,000 from the unobligated balances available in
the ‘‘U.S. Customs and Border Protection—Construction and
Facility Improvements’’ account (70 × 0532).
(4) $3,098,000 from the unobligated balances available in
the ‘‘U.S. Immigration and Customs Enforcement—Construction’’ account (70 × 0545).
(5) $658,000 from the unobligated balances available in
the ‘‘U.S. Immigration and Customs Enforcement—Automation
Modernization’’ account (70 × 0543).
(6) $1,718,108 from the unobligated balances available in
the ‘‘Coast Guard—Alteration of Bridges’’ account (070 × 0614).
(7) $8,200,000 from Public Law 116–6 under the heading
‘‘U.S. Citizenship and Immigration Services—Procurement,
Construction, and Improvements’’.
SEC. 540. The following unobligated balances made available
to the Department of Homeland Security pursuant to section 505
of the Department of Homeland Security Appropriations Act, 2020
(Public Law 116–93) are rescinded:
(1) $929,550 from ‘‘Office of the Secretary and Executive
Management—Operations and Support’’.
(2) $1,426,980 from ‘‘Management Directorate—Operations
and Support’’.
(3) $298,190 from ‘‘Intelligence, Analysis, and Operations
Coordination—Operations and Support’’.
(4) $430,910 from ‘‘U.S. Customs and Border Protection—
Operations and Support’’.
(5) $1,810,393 from ‘‘United States Secret Service—Operations and Support’’.
(6) $1,574,940 from ‘‘Cybersecurity and Infrastructure
Security Agency—Operations and Support’’.
(7) $690,090 from ‘‘Federal Emergency Management
Agency—Operations and Support’’.
(8) $8,984,690 from ‘‘U.S. Citizenship and Immigration
Services—Operations and Support’’.
(9) $242,490 from ‘‘Federal Law Enforcement Training Centers—Operations and Support’’.
(10) $136,570 from ‘‘Science and Technology Directorate—
Operations and Support’’.
(11) $1,103,590 from ‘‘Countering Weapons of Mass
Destruction Office—Operations and Support’’.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1477

SEC. 541. For necessary expenses related to providing customs
and immigration inspection and pre-inspection services at, or in
support of ports of entry, pursuant to section 1356 of title 8, United
States Code, and section 58c(f) of title 19, United States Code,
and in addition to any other funds made available for this purpose,
there is appropriated, out of any money in the Treasury not otherwise appropriated, $840,000,000, to remain available until September 30, 2021, to offset the loss resulting from the coronavirus
pandemic of Immigration User Fee receipts collected pursuant to
section 286(h) of the Immigration and Nationality Act (8 U.S.C.
1356(h)), and fees for certain customs services collected pursuant
to paragraphs 1 through 8 and paragraph 10 of subsection (a)
of section 13031 of the Consolidated Omnibus Budget Reconciliation
Act of 1985 (19 U.S.C. 58c(a)(1)–(8) and (a)(10)): Provided, That
notwithstanding any other provision of law, funds made available
by this section shall only be used by U.S. Customs and Border
Protection, Office of Field Operations: Provided further, That such
amount is designated 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.
SEC. 542. Not later than 10 days after a determination is
made by the President to evaluate and initiate protection under
any authority for a former or retired Government official or
employee, or for an individual who, during the duration of the
directed protection, will become a former or retired Government
official or employee (referred to in this section as a ‘‘covered individual’’), the Secretary of Homeland Security shall submit a notification to congressional leadership and the Committees on Appropriations of the Senate and the House of Representatives, the Committees on the Judiciary of the Senate and the House of Representatives, the Committee on Homeland Security and Governmental
Affairs of the Senate, the Committee on Homeland Security of
the House of Representatives, and the Committee on Oversight
and Reform of the House of Representatives (referred to in this
section as the ‘‘appropriate congressional committees’’): Provided,
That the notification may be submitted in classified form, if necessary, and in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation,
as appropriate, and shall include the threat assessment, scope
of the protection, and the anticipated cost and duration of such
protection: Provided further, That not later than 15 days before
extending, or 30 days before terminating, protection for a covered
individual, the Secretary of Homeland Security shall submit a
notification regarding the extension or termination and any change
to the threat assessment to the congressional leadership and the
appropriate congressional committees: Provided further, That not
later than 45 days after the date of enactment of this Act, and
quarterly thereafter, the Secretary shall submit a report to the
congressional leadership and the appropriate congressional committees, which may be submitted in classified form, if necessary,
detailing each covered individual, and the scope and associated
cost of protection.
This division may be cited as the ‘‘Department of Homeland
Security Appropriations Act, 2021’’.

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Deadlines.
Determination.
President.
Evaluation.
Notifications.

Consultation.

Threat
assessment.

Reports.
Time period.

PUBL260A

134 STAT. 1478
Department of
the Interior,
Environment,
and Related
Agencies
Appropriations
Act, 2021.

PUBLIC LAW 116–260—DEC. 27, 2020

DIVISION G—DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2021
TITLE I
DEPARTMENT OF THE INTERIOR
BUREAU

OF

LAND MANAGEMENT

MANAGEMENT OF LANDS AND RESOURCES
(INCLUDING RESCISSION OF FUNDS)

Drilling permits.

For necessary expenses for protection, use, improvement,
development, disposal, cadastral surveying, classification, acquisition of easements and other interests in lands, and performance
of other functions, including maintenance of facilities, as authorized
by law, in the management of lands and their resources under
the jurisdiction of the Bureau of Land Management, including the
general administration of the Bureau, and assessment of mineral
potential of public lands pursuant to section 1010(a) of Public
Law 96–487 (16 U.S.C. 3150(a)), $1,220,555,000, to remain available
until September 30, 2022; of which $77,669,000 for annual and
deferred maintenance and $115,745,000 for the wild horse and
burro program, as authorized by Public Law 92–195 (16 U.S.C.
1331 et seq.), shall remain available until expended: Provided,
That amounts in the fee account of the BLM Permit Processing
Improvement Fund may be used for any bureau-related expenses
associated with the processing of oil and gas applications for permits
to drill and related use of authorizations.
In addition, $39,696,000 is for Mining Law Administration program operations, including the cost of administering the mining
claim fee program, to remain available until expended, to be reduced
by amounts collected by the Bureau and credited to this appropriation from mining claim maintenance fees and location fees that
are hereby authorized for fiscal year 2021, so as to result in a
final appropriation estimated at not more than $1,220,555,000,
and $2,000,000, to remain available until expended, from communication site rental fees established by the Bureau for the cost
of administering communication site activities.
Of the unobligated balances from amounts made available
under this heading in fiscal year 2018 or before, $13,000,000 is
permanently rescinded: Provided, That no amounts may be
rescinded from amounts that were designated by the Congress
as an emergency requirement pursuant to the Concurrent Resolution on the Budget or the Balanced Budget and Emergency Deficit
Control Act of 1985.
LAND ACQUISITION

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(RESCISSION OF FUNDS)

Of the unobligated balances from amounts made available for
Land Acquisition and derived from the Land and Water Conservation Fund, $5,400,000 is hereby permanently rescinded from
projects with cost savings or failed or partially failed projects:
Provided, That no amounts may be rescinded from amounts that

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1479

were designated by the Congress as an emergency requirement
pursuant to the Concurrent Resolution on the Budget or the Balanced Budget and Emergency Deficit Control Act of 1985.
OREGON AND CALIFORNIA GRANT LANDS

For expenses necessary for management, protection, and
development of resources and for construction, operation, and
maintenance of access roads, reforestation, and other improvements
on the revested Oregon and California Railroad grant lands, on
other Federal lands in the Oregon and California land-grant counties of Oregon, and on adjacent rights-of-way; and acquisition of
lands or interests therein, including existing connecting roads on
or adjacent to such grant lands; $114,783,000, to remain available
until expended: Provided, That 25 percent of the aggregate of all
receipts during the current fiscal year from the revested Oregon
and California Railroad grant lands is hereby made a charge against
the Oregon and California land-grant fund and shall be transferred
to the General Fund in the Treasury in accordance with the second
paragraph of subsection (b) of title II of the Act of August 28,
1937 (43 U.S.C. 2605).
RANGE IMPROVEMENTS

For rehabilitation, protection, and acquisition of lands and
interests therein, and improvement of Federal rangelands pursuant
to section 401 of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1751), notwithstanding any other Act, sums
equal to 50 percent of all moneys received during the prior fiscal
year under sections 3 and 15 of the Taylor Grazing Act (43 U.S.C.
315b, 315m) and the amount designated for range improvements
from grazing fees and mineral leasing receipts from BankheadJones lands transferred to the Department of the Interior pursuant
to law, but not less than $10,000,000, to remain available until
expended: Provided, That not to exceed $600,000 shall be available
for administrative expenses.
SERVICE CHARGES, DEPOSITS, AND FORFEITURES

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(INCLUDING RESCISSION OF FUNDS)

For administrative expenses and other costs related to processing application documents and other authorizations for use and
disposal of public lands and resources, for costs of providing copies
of official public land documents, for monitoring construction, operation, and termination of facilities in conjunction with use
authorizations, and for rehabilitation of damaged property, such
amounts as may be collected under Public Law 94–579 (43 U.S.C.
1701 et seq.), and under section 28 of the Mineral Leasing Act
(30 U.S.C. 185), to remain available until expended: Provided, That
notwithstanding any provision to the contrary of section 305(a)
of Public Law 94–579 (43 U.S.C. 1735(a)), any moneys that have
been or will be received pursuant to that section, whether as a
result of forfeiture, compromise, or settlement, if not appropriate
for refund pursuant to section 305(c) of that Act (43 U.S.C. 1735(c)),
shall be available and may be expended under the authority of
this Act by the Secretary of the Interior to improve, protect, or
rehabilitate any public lands administered through the Bureau

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43 USC 1735
note.

PUBL260A

134 STAT. 1480

PUBLIC LAW 116–260—DEC. 27, 2020

of Land Management which have been damaged by the action
of a resource developer, purchaser, permittee, or any unauthorized
person, without regard to whether all moneys collected from each
such action are used on the exact lands damaged which led to
the action: Provided further, That any such moneys that are in
excess of amounts needed to repair damage to the exact land
for which funds were collected may be used to repair other damaged
public lands.
Of the unobligated balances from amounts collected in fiscal
year 2015 or any prior fiscal year, $20,000,000 is permanently
rescinded: Provided, That no amounts may be rescinded from
amounts that were designated by the Congress as an emergency
requirement pursuant to the Concurrent Resolution on the Budget
or the Balanced Budget and Emergency Deficit Control Act of
1985.

43 USC 1735
note.

MISCELLANEOUS TRUST FUNDS

In addition to amounts authorized to be expended under
existing laws, there is hereby appropriated such amounts as may
be contributed under section 307 of Public Law 94–579 (43 U.S.C.
1737), and such amounts as may be advanced for administrative
costs, surveys, appraisals, and costs of making conveyances of
omitted lands under section 211(b) of that Act (43 U.S.C. 1721(b)),
to remain available until expended.
ADMINISTRATIVE PROVISIONS

Contracts.
Determination.

Reimbursements.

The Bureau of Land Management may carry out the operations
funded under this Act by direct expenditure, contracts, grants,
cooperative agreements, and reimbursable agreements with public
and private entities, including with States. Appropriations for the
Bureau shall be available for purchase, erection, and dismantlement
of temporary structures, and alteration and maintenance of necessary buildings and appurtenant facilities to which the United
States has title; up to $100,000 for payments, at the discretion
of the Secretary, for information or evidence concerning violations
of laws administered by the Bureau; miscellaneous and emergency
expenses of enforcement activities authorized or approved by the
Secretary and to be accounted for solely on the Secretary’s certificate, not to exceed $10,000: Provided, That notwithstanding Public
Law 90–620 (44 U.S.C. 501), the Bureau may, under cooperative
cost-sharing and partnership arrangements authorized by law, procure printing services from cooperators in connection with jointly
produced publications for which the cooperators share the cost
of printing either in cash or in services, and the Bureau determines
the cooperator is capable of meeting accepted quality standards:
Provided further, That projects to be funded pursuant to a written
commitment by a State government to provide an identified amount
of money in support of the project may be carried out by the
Bureau on a reimbursable basis.
UNITED STATES FISH

AND

WILDLIFE SERVICE

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RESOURCE MANAGEMENT

For necessary expenses of the United States Fish and Wildlife
Service, as authorized by law, and for scientific and economic

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134 STAT. 1481

studies, general administration, and for the performance of other
authorized functions related to such resources, $1,379,828,000, to
remain available until September 30, 2022: Provided, That not
to exceed $20,767,000 shall be used for implementing subsections
(a), (b), (c), and (e) of section 4 of the Endangered Species Act
of 1973 (16 U.S.C. 1533) (except for processing petitions, developing
and issuing proposed and final regulations, and taking any other
steps to implement actions described in subsection (c)(2)(A),
(c)(2)(B)(i), or (c)(2)(B)(ii)).
CONSTRUCTION

For construction, improvement, acquisition, or removal of
buildings and other facilities required in the conservation, management, investigation, protection, and utilization of fish and wildlife
resources, and the acquisition of lands and interests therein;
$18,193,000, to remain available until expended.
COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND
(INCLUDING RESCISSION OF FUNDS)

For expenses necessary to carry out section 6 of the Endangered
Species Act of 1973 (16 U.S.C. 1535), $43,340,000, to remain available until expended, of which $23,702,000 is to be derived from
the Cooperative Endangered Species Conservation Fund; and of
which $19,638,000 is to be derived from the Land and Water Conservation Fund.
Of the unobligated balances made available under this heading,
$12,500,000 is permanently rescinded from projects or from other
grant programs with an unobligated carry over balance: Provided,
That no amounts may be rescinded from amounts that were designated by the Congress as an emergency requirement pursuant
to the Concurrent Resolution on the Budget or the Balanced Budget
and Emergency Deficit Control Act of 1985.
NATIONAL WILDLIFE REFUGE FUND

For expenses necessary to implement the Act of October 17,
1978 (16 U.S.C. 715s), $13,228,000.
NORTH AMERICAN WETLANDS CONSERVATION FUND

For expenses necessary to carry out the provisions of the North
American Wetlands Conservation Act (16 U.S.C. 4401 et seq.),
$46,500,000, to remain available until expended.
NEOTROPICAL MIGRATORY BIRD CONSERVATION

For expenses necessary to carry out the Neotropical Migratory
Bird Conservation Act (16 U.S.C. 6101 et seq.), $4,910,000, to
remain available until expended.

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MULTINATIONAL SPECIES CONSERVATION FUND

For expenses necessary to carry out the African Elephant Conservation Act (16 U.S.C. 4201 et seq.), the Asian Elephant Conservation Act of 1997 (16 U.S.C. 4261 et seq.), the Rhinoceros and
Tiger Conservation Act of 1994 (16 U.S.C. 5301 et seq.), the Great

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PUBLIC LAW 116–260—DEC. 27, 2020

Ape Conservation Act of 2000 (16 U.S.C. 6301 et seq.), and the
Marine Turtle Conservation Act of 2004 (16 U.S.C. 6601 et seq.),
$18,000,000, to remain available until expended.
STATE AND TRIBAL WILDLIFE GRANTS

Apportionment.
District of
Columbia.
Territories.

Apportionment.

Adjustment.

Reapportionment.

For wildlife conservation grants to States and to the District
of Columbia, Puerto Rico, Guam, the United States Virgin Islands,
the Northern Mariana Islands, American Samoa, and Indian tribes
under the provisions of the Fish and Wildlife Act of 1956 and
the Fish and Wildlife Coordination Act, for the development and
implementation of programs for the benefit of wildlife and their
habitat, including species that are not hunted or fished,
$72,362,000, to remain available until expended: Provided, That
of the amount provided herein, $6,000,000 is for a competitive
grant program for Indian tribes not subject to the remaining provisions of this appropriation: Provided further, That $7,362,000 is
for a competitive grant program to implement approved plans for
States, territories, and other jurisdictions and at the discretion
of affected States, the regional Associations of fish and wildlife
agencies, not subject to the remaining provisions of this appropriation: Provided further, That the Secretary shall, after deducting
$13,362,000 and administrative expenses, apportion the amount
provided herein in the following manner: (1) to the District of
Columbia and to the Commonwealth of Puerto Rico, each a sum
equal to not more than one-half of 1 percent thereof; and (2)
to Guam, American Samoa, the United States Virgin Islands, and
the Commonwealth of the Northern Mariana Islands, each a sum
equal to not more than one-fourth of 1 percent thereof: Provided
further, That the Secretary of the Interior shall apportion the
remaining amount in the following manner: (1) one-third of which
is based on the ratio to which the land area of such State bears
to the total land area of all such States; and (2) two-thirds of
which is based on the ratio to which the population of such State
bears to the total population of all such States: Provided further,
That the amounts apportioned under this paragraph shall be
adjusted equitably so that no State shall be apportioned a sum
which is less than 1 percent of the amount available for apportionment under this paragraph for any fiscal year or more than 5
percent of such amount: Provided further, That the Federal share
of planning grants shall not exceed 75 percent of the total costs
of such projects and the Federal share of implementation grants
shall not exceed 65 percent of the total costs of such projects:
Provided further, That the non-Federal share of such projects may
not be derived from Federal grant programs: Provided further,
That any amount apportioned in 2021 to any State, territory, or
other jurisdiction that remains unobligated as of September 30,
2022, shall be reapportioned, together with funds appropriated in
2023, in the manner provided herein.

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ADMINISTRATIVE PROVISIONS

The United States Fish and Wildlife Service may carry out
the operations of Service programs by direct expenditure, contracts,
grants, cooperative agreements and reimbursable agreements with
public and private entities. Appropriations and funds available to
the United States Fish and Wildlife Service shall be available

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1483

for repair of damage to public roads within and adjacent to reservation areas caused by operations of the Service; options for the
purchase of land at not to exceed one dollar for each option; facilities
incident to such public recreational uses on conservation areas
as are consistent with their primary purpose; and the maintenance
and improvement of aquaria, buildings, and other facilities under
the jurisdiction of the Service and to which the United States
has title, and which are used pursuant to law in connection with
management, and investigation of fish and wildlife resources: Provided, That notwithstanding 44 U.S.C. 501, the Service may, under
cooperative cost sharing and partnership arrangements authorized
by law, procure printing services from cooperators in connection
with jointly produced publications for which the cooperators share
at least one-half the cost of printing either in cash or services
and the Service determines the cooperator is capable of meeting
accepted quality standards: Provided further, That the Service may
accept donated aircraft as replacements for existing aircraft: Provided further, That notwithstanding 31 U.S.C. 3302, all fees collected for non-toxic shot review and approval shall be deposited
under the heading ‘‘United States Fish and Wildlife Service—
Resource Management’’ and shall be available to the Secretary,
without further appropriation, to be used for expenses of processing
of such non-toxic shot type or coating applications and revising
regulations as necessary, and shall remain available until expended:
Provided further, That obligated balances of funding originally made
available under section 7060(c)(2)(B) of division K of the Consolidated Appropriations Act, 2018 (Public Law 115–141) and transferred to the Fish and Wildlife Service to combat the transnational
threat of wildlife poaching and trafficking in the Central Africa
Regional Program for the Environment shall be distributed to recipients that were awarded grants not later than 60 days after the
date of enactment of this Act.

Contracts.
Determination.

Donations.
Fees.

Deadline.

NATIONAL PARK SERVICE

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OPERATION OF THE NATIONAL PARK SYSTEM

For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the National
Park Service and for the general administration of the National
Park Service, $2,688,287,000, of which $10,282,000 for planning
and interagency coordination in support of Everglades restoration
and $135,980,000 for maintenance, repair, or rehabilitation projects
for constructed assets and $188,184,000 for cyclic maintenance
projects for constructed assets and cultural resources and
$5,000,000 for uses authorized by section 101122 of title 54, United
States Code shall remain available until September 30, 2022: Provided, That funds appropriated under this heading in this Act
are available for the purposes of section 5 of Public Law 95–
348: Provided further, That notwithstanding section 9(a) of the
United States Semiquincentennial Commission Act of 2016 (Public
Law 114–196; 130 Stat. 691), $8,000,000 of the funds made available
under this heading shall be provided to the United States
Semiquincentennial Commission for the purposes specified by that
Act: Provided further, That notwithstanding section 9 of the 400
Years of African-American History Commission Act (36 U.S.C. note
prec. 101; Public Law 115–102), $3,300,000 of the funds provided

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134 STAT. 1484
36 USC 101 note
prec.

PUBLIC LAW 116–260—DEC. 27, 2020

under this heading shall be made available for the purposes specified by that Act: Provided further, That sections (7)(b) and (8)
of that Act shall be amended by striking ‘‘July 1, 2021’’ and inserting
‘‘July 1, 2022’’.
In addition, for purposes described in section 2404 of Public
Law 116–9, an amount equal to the amount deposited in this
fiscal year into the National Park Medical Services Fund established
pursuant to such section of such Act, to remain available until
expended, shall be derived from such Fund.
NATIONAL RECREATION AND PRESERVATION

For expenses necessary to carry out recreation programs, natural programs, cultural programs, heritage partnership programs,
environmental compliance and review, international park affairs,
and grant administration, not otherwise provided for, $74,157,000,
to remain available until September 30, 2022.
HISTORIC PRESERVATION FUND

Grants.

Approval.
Consultation.

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Determination.

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For expenses necessary in carrying out the National Historic
Preservation Act (division A of subtitle III of title 54, United States
Code), $144,300,000, to be derived from the Historic Preservation
Fund and to remain available until September 30, 2022, of which
$25,000,000 shall be for Save America’s Treasures grants for
preservation of nationally significant sites, structures and artifacts
as authorized by section 7303 of the Omnibus Public Land Management Act of 2009 (54 U.S.C. 3089): Provided, That an individual
Save America’s Treasures grant shall be matched by non-Federal
funds: Provided further, That individual projects shall only be
eligible for one grant: Provided further, That all projects to be
funded shall be approved by the Secretary of the Interior in consultation with the House and Senate Committees on Appropriations:
Provided further, That of the funds provided for the Historic
Preservation Fund, $1,000,000 is for competitive grants for the
survey and nomination of properties to the National Register of
Historic Places and as National Historic Landmarks associated
with communities currently under-represented, as determined by
the Secretary, $21,125,000 is for competitive grants to preserve
the sites and stories of the Civil Rights movement; $10,000,000
is for grants to Historically Black Colleges and Universities;
$7,500,000 is for competitive grants for the restoration of historic
properties of national, State, and local significance listed on or
eligible for inclusion on the National Register of Historic Places,
to be made without imposing the usage or direct grant restrictions
of section 101(e)(3) (54 U.S.C. 302904) of the National Historical
Preservation Act; and $10,000,000 is for a competitive grant program to honor the semiquincentennial anniversary of the United
States by restoring and preserving state-owned sites and structures
listed on the National Register of Historic Places that commemorate
the founding of the nation: Provided further, That such competitive
grants shall be made without imposing the matching requirements
in section 302902(b)(3) of title 54, United States Code to States
and Indian tribes as defined in chapter 3003 of such title, Native
Hawaiian organizations, local governments, including Certified
Local Governments, and non-profit organizations.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1485

CONSTRUCTION

For construction, improvements, repair, or replacement of physical facilities, and compliance and planning for programs and areas
administered by the National Park Service, $223,907,000, to remain
available until expended: Provided, That notwithstanding any other
provision of law, for any project initially funded in fiscal year
2021 with a future phase indicated in the National Park Service
5-Year Line Item Construction Plan, a single procurement may
be issued which includes the full scope of the project: Provided
further, That the solicitation and contract shall contain the clause
availability of funds found at 48 CFR 52.232–18: Provided further,
That National Park Service Donations, Park Concessions Franchise
Fees, and Recreation Fees may be made available for the cost
of adjustments and changes within the original scope of effort
for projects funded by the National Park Service Construction
appropriation: Provided further, That the Secretary of the Interior
shall consult with the Committees on Appropriations, in accordance
with current reprogramming thresholds, prior to making any
charges authorized by this section.

Consultation.

LAND ACQUISITION AND STATE ASSISTANCE
(RESCISSION OF FUNDS)

Of the unobligated balances from amounts made available for
the National Park Service and derived from the Land and Water
Conservation Fund in fiscal year 2017 or any prior fiscal year,
$23,000,000 is hereby permanently rescinded from grant programs
with an unobligated carry over balance: Provided, That no amounts
may be rescinded from amounts that were designated by the Congress as an emergency requirement pursuant to the Concurrent
Resolution on the Budget or the Balanced Budget and Emergency
Deficit Control Act of 1985.
CENTENNIAL CHALLENGE

For expenses necessary to carry out the provisions of section
101701 of title 54, United States Code, relating to challenge cost
share agreements, $15,000,000, to remain available until expended,
for Centennial Challenge projects and programs: Provided, That
not less than 50 percent of the total cost of each project or program
shall be derived from non-Federal sources in the form of donated
cash, assets, or a pledge of donation guaranteed by an irrevocable
letter of credit.
ADMINISTRATIVE PROVISIONS

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(INCLUDING TRANSFER OF FUNDS)

In addition to other uses set forth in section 101917(c)(2) of
title 54, United States Code, franchise fees credited to a subaccount shall be available for expenditure by the Secretary, without
further appropriation, for use at any unit within the National
Park System to extinguish or reduce liability for Possessory Interest
or leasehold surrender interest. Such funds may only be used for
this purpose to the extent that the benefitting unit anticipated
franchise fee receipts over the term of the contract at that unit

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134 STAT. 1486

PUBLIC LAW 116–260—DEC. 27, 2020

exceed the amount of funds used to extinguish or reduce liability.
Franchise fees at the benefitting unit shall be credited to the
sub-account of the originating unit over a period not to exceed
the term of a single contract at the benefitting unit, in the amount
of funds so expended to extinguish or reduce liability.
For the costs of administration of the Land and Water Conservation Fund grants authorized by section 105(a)(2)(B) of the
Gulf of Mexico Energy Security Act of 2006 (Public Law 109–
432), the National Park Service may retain up to 3 percent of
the amounts which are authorized to be disbursed under such
section, such retained amounts to remain available until expended.
National Park Service funds may be transferred to the Federal
Highway Administration (FHWA), Department of Transportation,
for purposes authorized under 23 U.S.C. 203. Transfers may include
a reasonable amount for FHWA administrative support costs.
UNITED STATES GEOLOGICAL SURVEY
SURVEYS, INVESTIGATIONS, AND RESEARCH

43 USC 50.

For expenses necessary for the United States Geological Survey
to perform surveys, investigations, and research covering topography, geology, hydrology, biology, and the mineral and water
resources of the United States, its territories and possessions, and
other areas as authorized by 43 U.S.C. 31, 1332, and 1340; classify
lands as to their mineral and water resources; give engineering
supervision to power permittees and Federal Energy Regulatory
Commission licensees; administer the minerals exploration program
(30 U.S.C. 641); conduct inquiries into the economic conditions
affecting mining and materials processing industries (30 U.S.C.
3, 21a, and 1603; 50 U.S.C. 98g(a)(1)) and related purposes as
authorized by law; and to publish and disseminate data relative
to the foregoing activities; $1,315,527,000, to remain available until
September 30, 2022; of which $84,337,000 shall remain available
until expended for satellite operations; and of which $74,664,000
shall be available until expended for deferred maintenance and
capital improvement projects that exceed $100,000 in cost: Provided,
That none of the funds provided for the ecosystem research activity
shall be used to conduct new surveys on private property, unless
specifically authorized in writing by the property owner: Provided
further, That no part of this appropriation shall be used to pay
more than one-half the cost of topographic mapping or water
resources data collection and investigations carried on in cooperation with States and municipalities.

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ADMINISTRATIVE PROVISIONS

From within the amount appropriated for activities of the
United States Geological Survey such sums as are necessary shall
be available for contracting for the furnishing of topographic maps
and for the making of geophysical or other specialized surveys
when it is administratively determined that such procedures are
in the public interest; construction and maintenance of necessary
buildings and appurtenant facilities; acquisition of lands for gauging
stations, observation wells, and seismic equipment; expenses of
the United States National Committee for Geological Sciences; and
payment of compensation and expenses of persons employed by
the Survey duly appointed to represent the United States in the

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1487

negotiation and administration of interstate compacts: Provided,
That activities funded by appropriations herein made may be accomplished through the use of contracts, grants, or cooperative agreements as defined in section 6302 of title 31, United States Code:
Provided further, That the United States Geological Survey may
enter into contracts or cooperative agreements directly with individuals or indirectly with institutions or nonprofit organizations, without regard to 41 U.S.C. 6101, for the temporary or intermittent
services of students or recent graduates, who shall be considered
employees for the purpose of chapters 57 and 81 of title 5, United
States Code, relating to compensation for travel and work injuries,
and chapter 171 of title 28, United States Code, relating to tort
claims, but shall not be considered to be Federal employees for
any other purposes.
BUREAU

OF

OCEAN ENERGY MANAGEMENT

OCEAN ENERGY MANAGEMENT
(INCLUDING RESCISSION OF FUNDS)

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For expenses necessary for granting and administering leases,
easements, rights-of-way, and agreements for use for oil and gas,
other minerals, energy, and marine-related purposes on the Outer
Continental Shelf and approving operations related thereto, as
authorized by law; for environmental studies, as authorized by
law; for implementing other laws and to the extent provided by
Presidential or Secretarial delegation; and for matching grants or
cooperative agreements, $192,815,000, of which $129,760,000 is to
remain available until September 30, 2022, and of which
$63,055,000 is to remain available until expended: Provided, That
this total appropriation shall be reduced by amounts collected by
the Secretary of the Interior and credited to this appropriation
from additions to receipts resulting from increases to lease rental
rates in effect on August 5, 1993, and from cost recovery fees
from activities conducted by the Bureau of Ocean Energy Management pursuant to the Outer Continental Shelf Lands Act, including
studies, assessments, analysis, and miscellaneous administrative
activities: Provided further, That the sum herein appropriated shall
be reduced as such collections are received during the fiscal year,
so as to result in a final fiscal year 2021 appropriation estimated
at not more than $129,760,000: Provided further, That not to exceed
$3,000 shall be available for reasonable expenses related to promoting volunteer beach and marine cleanup activities: Provided
further, That of the unobligated balances from amounts made available under this heading, $2,000,000 is permanently rescinded: Provided further, That no amounts may be rescinded from amounts
that were designated by the Congress as an emergency requirement
pursuant to the Concurrent Resolution on the Budget or the Balanced Budget and Emergency Deficit Control Act of 1985.

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134 STAT. 1488

PUBLIC LAW 116–260—DEC. 27, 2020
BUREAU

SAFETY

OF

AND

ENVIRONMENTAL ENFORCEMENT

OFFSHORE SAFETY AND ENVIRONMENTAL ENFORCEMENT
(INCLUDING RESCISSION OF FUNDS)

For expenses necessary for the regulation of operations related
to leases, easements, rights-of-way, and agreements for use for
oil and gas, other minerals, energy, and marine-related purposes
on the Outer Continental Shelf, as authorized by law; for enforcing
and implementing laws and regulations as authorized by law and
to the extent provided by Presidential or Secretarial delegation;
and for matching grants or cooperative agreements, $150,812,000,
of which $120,165,000 is to remain available until September 30,
2022, and of which $30,647,000 is to remain available until
expended: Provided, That this total appropriation shall be reduced
by amounts collected by the Secretary of the Interior and credited
to this appropriation from additions to receipts resulting from
increases to lease rental rates in effect on August 5, 1993, and
from cost recovery fees from activities conducted by the Bureau
of Safety and Environmental Enforcement pursuant to the Outer
Continental Shelf Lands Act, including studies, assessments, analysis, and miscellaneous administrative activities: Provided further,
That the sum herein appropriated shall be reduced as such collections are received during the fiscal year, so as to result in a
final fiscal year 2021 appropriation estimated at not more than
$120,165,000: Provided further, That of the unobligated balances
from amounts made available under this heading, $10,000,000 is
permanently rescinded: Provided further, That no amounts may
be rescinded from amounts that were designated by the Congress
as an emergency requirement pursuant to the Concurrent Resolution on the Budget or the Balanced Budget and Emergency Deficit
Control Act of 1985.
For an additional amount, $43,000,000, to remain available
until expended, to be reduced by amounts collected by the Secretary
and credited to this appropriation, which shall be derived from
non-refundable inspection fees collected in fiscal year 2021, as provided in this Act: Provided, That to the extent that amounts realized
from such inspection fees exceed $43,000,000, the amounts realized
in excess of $43,000,000 shall be credited to this appropriation
and remain available until expended: Provided further, That for
fiscal year 2021, not less than 50 percent of the inspection fees
expended by the Bureau of Safety and Environmental Enforcement
will be used to fund personnel and mission-related costs to expand
capacity and expedite the orderly development, subject to environmental safeguards, of the Outer Continental Shelf pursuant to
the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.),
including the review of applications for permits to drill.

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OIL SPILL RESEARCH

For necessary expenses to carry out title I, section 1016; title
IV, sections 4202 and 4303; title VII; and title VIII, section 8201
of the Oil Pollution Act of 1990, $14,899,000, which shall be derived
from the Oil Spill Liability Trust Fund, to remain available until
expended.

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PUBLIC LAW 116–260—DEC. 27, 2020
OFFICE

OF

SURFACE MINING RECLAMATION

AND

134 STAT. 1489

ENFORCEMENT

REGULATION AND TECHNOLOGY
(INCLUDING RESCISSION OF FUNDS)

For necessary expenses to carry out the provisions of the Surface Mining Control and Reclamation Act of 1977, Public Law
95–87, $117,768,000, to remain available until September 30, 2022,
of which $68,590,000 shall be available for state and tribal regulatory grants: Provided, That appropriations for the Office of Surface
Mining Reclamation and Enforcement may provide for the travel
and per diem expenses of State and tribal personnel attending
Office of Surface Mining Reclamation and Enforcement sponsored
training: Provided further, That of the unobligated balances from
amounts made available under this heading, $25,000,000 is permanently rescinded: Provided further, That no amounts may be
rescinded from amounts that were designated by the Congress
as an emergency requirement pursuant to the Concurrent Resolution on the Budget or the Balanced Budget and Emergency Deficit
Control Act of 1985.
In addition, for costs to review, administer, and enforce permits
issued by the Office pursuant to section 507 of Public Law 95–
87 (30 U.S.C. 1257), $40,000, to remain available until expended:
Provided, That fees assessed and collected by the Office pursuant
to such section 507 shall be credited to this account as discretionary
offsetting collections, to remain available until expended: Provided
further, That the sum herein appropriated from the general fund
shall be reduced as collections are received during the fiscal year,
so as to result in a fiscal year 2021 appropriation estimated at
not more than $117,768,000.

30 USC 1211
note.

30 USC 1257
note.

ABANDONED MINE RECLAMATION FUND

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(INCLUDING RESCISSION OF FUNDS)

For necessary expenses to carry out title IV of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95–87,
$24,831,000, to be derived from receipts of the Abandoned Mine
Reclamation Fund and to remain available until expended: Provided, That pursuant to Public Law 97–365, the Department of
the Interior is authorized to use up to 20 percent from the recovery
of the delinquent debt owed to the United States Government
to pay for contracts to collect these debts: Provided further, That
funds made available under title IV of Public Law 95–87 may
be used for any required non-Federal share of the cost of projects
funded by the Federal Government for the purpose of environmental
restoration related to treatment or abatement of acid mine drainage
from abandoned mines: Provided further, That such projects must
be consistent with the purposes and priorities of the Surface Mining
Control and Reclamation Act: Provided further, That amounts provided under this heading may be used for the travel and per
diem expenses of State and tribal personnel attending Office of
Surface Mining Reclamation and Enforcement sponsored training.
In addition, $115,000,000, to remain available until expended,
for grants to States and federally recognized Indian Tribes for
reclamation of abandoned mine lands and other related activities
in accordance with the terms and conditions described in the

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Debt collection.
Contracts.

PUBL260A

134 STAT. 1490

Deadline.

PUBLIC LAW 116–260—DEC. 27, 2020

explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act): Provided, That such
additional amount shall be used for economic and community
development in conjunction with the priorities in section 403(a)
of the Surface Mining Control and Reclamation Act of 1977 (30
U.S.C. 1233(a)): Provided further, That of such additional amount,
$75,000,000 shall be distributed in equal amounts to the three
Appalachian States with the greatest amount of unfunded needs
to meet the priorities described in paragraphs (1) and (2) of such
section, $30,000,000 shall be distributed in equal amounts to the
three Appalachian States with the subsequent greatest amount
of unfunded needs to meet such priorities, and $10,000,000 shall
be for grants to federally recognized Indian Tribes without regard
to their status as certified or uncertified under the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1233(a)), for reclamation of abandoned mine lands and other related activities in
accordance with the terms and conditions described in the explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act) and shall be used for economic
and community development in conjunction with the priorities in
section 403(a) of the Surface Mining Control and Reclamation Act
of 1977: Provided further, That such additional amount shall be
allocated to States and Indian Tribes within 60 days after the
date of enactment of this Act.
Of the unobligated balances from amounts made available
under this heading in fiscal year 2016 or before, $10,000,000 is
permanently rescinded: Provided, That no amounts may be
rescinded from amounts that were designated by the Congress
as an emergency requirement pursuant to the Concurrent Resolution on the Budget or the Balanced Budget and Emergency Deficit
Control Act of 1985.
INDIAN AFFAIRS
BUREAU

OF INDIAN

AFFAIRS

OPERATION OF INDIAN PROGRAMS

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(INCLUDING TRANSFERS OF FUNDS)

For expenses necessary for the operation of Indian programs,
as authorized by law, including the Snyder Act of November 2,
1921 (25 U.S.C. 13) and the Indian Self-Determination and Education Assistance Act of 1975 (25 U.S.C. 5301 et seq.),
$1,616,532,000, to remain available until September 30, 2022,
except as otherwise provided herein; of which not to exceed $8,500
may be for official reception and representation expenses; of which
not to exceed $78,000,000 shall be for welfare assistance payments:
Provided, That in cases of designated Federal disasters, the Secretary of the Interior may exceed such cap for welfare payments
from the amounts provided herein, to provide for disaster relief
to Indian communities affected by the disaster: Provided further,
That federally recognized Indian tribes and tribal organizations
of federally recognized Indian tribes may use their tribal priority
allocations for unmet welfare assistance costs: Provided further,
That not to exceed $58,492,000 shall remain available until
expended for housing improvement, road maintenance, attorney
fees, litigation support, land records improvement, and the Navajo-

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1491

Hopi Settlement Program: Provided further, That any forestry funds
allocated to a federally recognized tribe which remain unobligated
as of September 30, 2022, may be transferred during fiscal year
2023 to an Indian forest land assistance account established for
the benefit of the holder of the funds within the holder’s trust
fund account: Provided further, That any such unobligated balances
not so transferred shall expire on September 30, 2023: Provided
further, That in order to enhance the safety of Bureau field
employees, the Bureau may use funds to purchase uniforms or
other identifying articles of clothing for personnel: Provided further,
That the Bureau of Indian Affairs may accept transfers of funds
from United States Customs and Border Protection to supplement
any other funding available for reconstruction or repair of roads
owned by the Bureau of Indian Affairs as identified on the National
Tribal Transportation Facility Inventory, 23 U.S.C. 202(b)(1): Provided further, That $1,000,000 made available for Assistant Secretary Support shall not be available for obligation until the Assistant Secretary-Indian Affairs provides the reports requested by the
Committees on Appropriations of the House of Representatives and
the Senate related to the Tiwahe Initiative.

Expiration date.

Reports.

CONTRACT SUPPORT COSTS

For payments to tribes and tribal organizations for contract
support costs associated with Indian Self-Determination and Education Assistance Act agreements with the Bureau of Indian Affairs
and the Bureau of Indian Education for fiscal year 2021, such
sums as may be necessary, which shall be available for obligation
through September 30, 2022: Provided, That notwithstanding any
other provision of law, no amounts made available under this
heading shall be available for transfer to another budget account.
PAYMENTS FOR TRIBAL LEASES

For payments to tribes and tribal organizations for leases
pursuant to section 105(l) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5324(l)) for fiscal year 2021,
such sums as may be necessary, which shall be available for obligation through September 30, 2022: Provided, That notwithstanding
any other provision of law, no amounts made available under this
heading shall be available for transfer to another budget account.
CONSTRUCTION

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(INCLUDING TRANSFER OF FUNDS)

For construction, repair, improvement, and maintenance of
irrigation and power systems, buildings, utilities, and other facilities, including architectural and engineering services by contract;
acquisition of lands, and interests in lands; and preparation of
lands for farming, and for construction of the Navajo Indian Irrigation Project pursuant to Public Law 87–483; $128,818,000, to remain
available until expended: Provided, That such amounts as may
be available for the construction of the Navajo Indian Irrigation
Project may be transferred to the Bureau of Reclamation: Provided
further, That any funds provided for the Safety of Dams program
pursuant to the Act of November 2, 1921 (25 U.S.C. 13), shall
be made available on a nonreimbursable basis: Provided further,

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PUBL260A

134 STAT. 1492
Reimbursement.

PUBLIC LAW 116–260—DEC. 27, 2020

That this appropriation may be reimbursed from the Office of
the Special Trustee for American Indians appropriation for the
appropriate share of construction costs for space expansion needed
in agency offices to meet trust reform implementation: Provided
further, That of the funds made available under this heading,
$10,000,000 shall be derived from the Indian Irrigation Fund established by section 3211 of the WIIN Act (Public Law 114–322;
130 Stat. 1749).
INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS
PAYMENTS TO INDIANS

For payments and necessary administrative expenses for
implementation of Indian land and water claim settlements pursuant to Public Laws 99–264 and 114–322, and for implementation
of other land and water rights settlements, $45,644,000, to remain
available until expended.
INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

For the cost of guaranteed loans and insured loans, $11,797,000,
of which $1,593,000 is for administrative expenses, as authorized
by the Indian Financing Act of 1974: Provided, That such costs,
including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974: Provided
further, That these funds are available to subsidize total loan principal, any part of which is to be guaranteed or insured, not to
exceed $82,886,197.
BUREAU

OF INDIAN

EDUCATION

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OPERATION OF INDIAN EDUCATION PROGRAMS

For expenses necessary for the operation of Indian education
programs, as authorized by law, including the Snyder Act of
November 2, 1921 (25 U.S.C. 13), the Indian Self-Determination
and Education Assistance Act of 1975 (25 U.S.C. 5301 et seq.),
the Education Amendments of 1978 (25 U.S.C. 2001–2019), and
the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et
seq.), $973,092,000, to remain available until September 30, 2022,
except as otherwise provided herein: Provided, That federally recognized Indian tribes and tribal organizations of federally recognized
Indian tribes may use their tribal priority allocations for unmet
welfare assistance costs: Provided further, That not to exceed
$728,820,000 for school operations costs of Bureau-funded schools
and other education programs shall become available on July 1,
2021, and shall remain available until September 30, 2022: Provided
further, That notwithstanding any other provision of law, including
but not limited to the Indian Self–Determination Act of 1975 (25
U.S.C. 5301 et seq.) and section 1128 of the Education Amendments
of 1978 (25 U.S.C. 2008), not to exceed $86,884,000 within and
only from such amounts made available for school operations shall
be available for administrative cost grants associated with grants
approved prior to July 1, 2021: Provided further, That in order
to enhance the safety of Bureau field employees, the Bureau may
use funds to purchase uniforms or other identifying articles of
clothing for personnel.

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PUBL260A

PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1493

EDUCATION CONSTRUCTION

For construction, repair, improvement, and maintenance of
buildings, utilities, and other facilities necessary for the operation
of Indian education programs, including architectural and
engineering services by contract; acquisition of lands, and interests
in lands; $264,277,000 to remain available until expended: Provided,
That in order to ensure timely completion of construction projects,
the Secretary of the Interior may assume control of a project and
all funds related to the project, if, not later than 18 months after
the date of the enactment of this Act, any Public Law 100–297
(25 U.S.C. 2501, et seq.) grantee receiving funds appropriated in
this Act or in any prior Act, has not completed the planning and
design phase of the project and commenced construction.

Deadline.

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ADMINISTRATIVE PROVISIONS

The Bureau of Indian Affairs and the Bureau of Indian Education may carry out the operation of Indian programs by direct
expenditure, contracts, cooperative agreements, compacts, and
grants, either directly or in cooperation with States and other
organizations.
Notwithstanding Public Law 87–279 (25 U.S.C. 15), the Bureau
of Indian Affairs may contract for services in support of the management, operation, and maintenance of the Power Division of the
San Carlos Irrigation Project.
Notwithstanding any other provision of law, no funds available
to the Bureau of Indian Affairs or the Bureau of Indian Education
for central office oversight and Executive Direction and Administrative Services (except Executive Direction and Administrative Services funding for Tribal Priority Allocations, regional offices, and
facilities operations and maintenance) shall be available for contracts, grants, compacts, or cooperative agreements with the Bureau
of Indian Affairs or the Bureau of Indian Education under the
provisions of the Indian Self-Determination Act or the Tribal SelfGovernance Act of 1994 (Public Law 103–413).
In the event any tribe returns appropriations made available
by this Act to the Bureau of Indian Affairs or the Bureau of
Indian Education, this action shall not diminish the Federal Government’s trust responsibility to that tribe, or the government-togovernment relationship between the United States and that tribe,
or that tribe’s ability to access future appropriations.
Notwithstanding any other provision of law, no funds available
to the Bureau of Indian Education, other than the amounts provided
herein for assistance to public schools under 25 U.S.C. 452 et
seq., shall be available to support the operation of any elementary
or secondary school in the State of Alaska.
No funds available to the Bureau of Indian Education shall
be used to support expanded grades for any school or dormitory
beyond the grade structure in place or approved by the Secretary
of the Interior at each school in the Bureau of Indian Education
school system as of October 1, 1995, except that the Secretary
of the Interior may waive this prohibition to support expansion
of up to one additional grade when the Secretary determines such
waiver is needed to support accomplishment of the mission of the
Bureau of Indian Education, or more than one grade to expand
the elementary grade structure for Bureau-funded schools with
a K–2 grade structure on October 1, 1996. Appropriations made

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Contracts.
Grants.

Contracts.

Alaska.

Waiver authority.
Determination.

PUBL260A

134 STAT. 1494

Charter schools.
Reimbursement.

Waiver authority.
Compliance.

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Definition.

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PUBLIC LAW 116–260—DEC. 27, 2020

available in this or any prior Act for schools funded by the Bureau
shall be available, in accordance with the Bureau’s funding formula,
only to the schools in the Bureau school system as of September
1, 1996, and to any school or school program that was reinstated
in fiscal year 2012. Funds made available under this Act may
not be used to establish a charter school at a Bureau-funded school
(as that term is defined in section 1141 of the Education Amendments of 1978 (25 U.S.C. 2021)), except that a charter school that
is in existence on the date of the enactment of this Act and that
has operated at a Bureau-funded school before September 1, 1999,
may continue to operate during that period, but only if the charter
school pays to the Bureau a pro rata share of funds to reimburse
the Bureau for the use of the real and personal property (including
buses and vans), the funds of the charter school are kept separate
and apart from Bureau funds, and the Bureau does not assume
any obligation for charter school programs of the State in which
the school is located if the charter school loses such funding.
Employees of Bureau-funded schools sharing a campus with a
charter school and performing functions related to the charter
school’s operation and employees of a charter school shall not be
treated as Federal employees for purposes of chapter 171 of title
28, United States Code.
Notwithstanding any other provision of law, including section
113 of title I of appendix C of Public Law 106–113, if in fiscal
year 2003 or 2004 a grantee received indirect and administrative
costs pursuant to a distribution formula based on section 5(f) of
Public Law 101–301, the Secretary shall continue to distribute
indirect and administrative cost funds to such grantee using the
section 5(f) distribution formula.
Funds available under this Act may not be used to establish
satellite locations of schools in the Bureau school system as of
September 1, 1996, except that the Secretary may waive this
prohibition in order for an Indian tribe to provide language and
cultural immersion educational programs for non-public schools
located within the jurisdictional area of the tribal government which
exclusively serve tribal members, do not include grades beyond
those currently served at the existing Bureau-funded school, provide
an educational environment with educator presence and academic
facilities comparable to the Bureau-funded school, comply with all
applicable Tribal, Federal, or State health and safety standards,
and the Americans with Disabilities Act, and demonstrate the benefits of establishing operations at a satellite location in lieu of incurring extraordinary costs, such as for transportation or other impacts
to students such as those caused by busing students extended
distances: Provided, That no funds available under this Act may
be used to fund operations, maintenance, rehabilitation, construction, or other facilities-related costs for such assets that are not
owned by the Bureau: Provided further, That the term ‘‘satellite
school’’ means a school location physically separated from the
existing Bureau school by more than 50 miles but that forms
part of the existing school in all other respects.
Funds made available for Tribal Priority Allocations within
Operation of Indian Programs and Operation of Indian Education
Programs may be used to execute requested adjustments in tribal
priority allocations initiated by an Indian Tribe.

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PUBL260A

PUBLIC LAW 116–260—DEC. 27, 2020
OFFICE

OF THE

SPECIAL TRUSTEE

FOR

134 STAT. 1495

AMERICAN INDIANS

FEDERAL TRUST PROGRAMS
(INCLUDING TRANSFER OF FUNDS)

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For the operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts, and
grants, $108,399,000, to remain available until expended, of which
not to exceed $17,911,000 from this or any other Act, may be
available for historical accounting: Provided, That funds for trust
management improvements and litigation support may, as needed,
be transferred to or merged with the Bureau of Indian Affairs,
‘‘Operation of Indian Programs’’ and Bureau of Indian Education,
‘‘Operation of Indian Education Programs’’ accounts; the Office of
the Solicitor, ‘‘Salaries and Expenses’’ account; and the Office of
the Secretary, ‘‘Departmental Operations’’ account: Provided further,
That funds made available through contracts or grants obligated
during fiscal year 2021, as authorized by the Indian Self-Determination Act of 1975 (25 U.S.C. 5301 et seq.), shall remain available
until expended by the contractor or grantee: Provided further, That
notwithstanding any other provision of law, the Secretary shall
not be required to provide a quarterly statement of performance
for any Indian trust account that has not had activity for at least
15 months and has a balance of $15 or less: Provided further,
That the Secretary shall issue an annual account statement and
maintain a record of any such accounts and shall permit the balance
in each such account to be withdrawn upon the express written
request of the account holder: Provided further, That not to exceed
$50,000 is available for the Secretary to make payments to correct
administrative errors of either disbursements from or deposits to
Individual Indian Money or Tribal accounts after September 30,
2002: Provided further, That erroneous payments that are recovered
shall be credited to and remain available in this account for this
purpose: Provided further, That the Secretary shall not be required
to reconcile Special Deposit Accounts with a balance of less than
$500 unless the Office of the Special Trustee receives proof of
ownership from a Special Deposit Accounts claimant: Provided further, That notwithstanding section 102 of the American Indian
Trust Fund Management Reform Act of 1994 (Public Law 103–
412) or any other provision of law, the Secretary may aggregate
the trust accounts of individuals whose whereabouts are unknown
for a continuous period of at least 5 years and shall not be required
to generate periodic statements of performance for the individual
accounts: Provided further, That with respect to the eighth proviso,
the Secretary shall continue to maintain sufficient records to determine the balance of the individual accounts, including any accrued
interest and income, and such funds shall remain available to
the individual account holders.

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Time period.

Statement.
Records.

Time period.

Records.
Determination.

PUBL260A

134 STAT. 1496

PUBLIC LAW 116–260—DEC. 27, 2020
DEPARTMENTAL OFFICES
OFFICE

OF THE

SECRETARY

DEPARTMENTAL OPERATIONS
(INCLUDING TRANSFER AND RESCISSION OF FUNDS)

For necessary expenses for management of the Department
of the Interior and for grants and cooperative agreements, as
authorized by law, $120,608,000, to remain available until September 30, 2022; of which no less than $1,860,000 shall be to
assist the Department with its compliance responsibilities under
5 U.S.C. 552; of which not to exceed $15,000 may be for official
reception and representation expenses; of which up to $1,000,000
shall be available for workers compensation payments and
unemployment compensation payments associated with the orderly
closure of the United States Bureau of Mines; and of which
$11,204,000 for Indian land, mineral, and resource valuation activities shall remain available until expended: Provided, That funds
for Indian land, mineral, and resource valuation activities may,
as needed, be transferred to and merged with the Bureau of Indian
Affairs ‘‘Operation of Indian Programs’’ and Bureau of Indian Education ‘‘Operation of Indian Education Programs’’ accounts and
the Office of the Special Trustee ‘‘Federal Trust Programs’’ account:
Provided further, That funds made available through contracts or
grants obligated during fiscal year 2021, as authorized by the
Indian Self-Determination Act of 1975 (25 U.S.C. 5301 et seq.),
shall remain available until expended by the contractor or grantee.
Of the unobligated balances from amounts made available
under this heading in fiscal year 2016 or before, $17,398,000 is
permanently rescinded: Provided, That no amounts may be
rescinded from amounts that were designated by the Congress
as an emergency requirement pursuant to the Concurrent Resolution on the Budget or the Balanced Budget and Emergency Deficit
Control Act of 1985.
ADMINISTRATIVE PROVISIONS

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31 USC 6903
note.

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For fiscal year 2021, up to $400,000 of the payments authorized
by chapter 69 of title 31, United States Code, may be retained
for administrative expenses of the Payments in Lieu of Taxes Program: Provided, That the amounts provided under this Act specifically for the Payments in Lieu of Taxes program are the only
amounts available for payments authorized under chapter 69 of
title 31, United States Code: Provided further, That in the event
the sums appropriated for any fiscal year for payments pursuant
to this chapter are insufficient to make the full payments authorized
by that chapter to all units of local government, then the payment
to each local government shall be made proportionally: Provided
further, That the Secretary may make adjustments to payment
to individual units of local government to correct for prior overpayments or underpayments: Provided further, That no payment shall
be made pursuant to that chapter to otherwise eligible units of
local government if the computed amount of the payment is less
than $100.

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PUBL260A

PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1497

INSULAR AFFAIRS
ASSISTANCE TO TERRITORIES

For expenses necessary for assistance to territories under the
jurisdiction of the Department of the Interior and other jurisdictions
identified in section 104(e) of Public Law 108–188, $106,693,000,
of which: (1) $97,140,000 shall remain available until expended
for territorial assistance, including general technical assistance,
maintenance assistance, disaster assistance, coral reef initiative
and natural resources activities, and brown tree snake control and
research; grants to the judiciary in American Samoa for compensation and expenses, as authorized by law (48 U.S.C. 1661(c)); grants
to the Government of American Samoa, in addition to current
local revenues, for construction and support of governmental functions; grants to the Government of the Virgin Islands, as authorized
by law; grants to the Government of Guam, as authorized by law;
and grants to the Government of the Northern Mariana Islands,
as authorized by law (Public Law 94–241; 90 Stat. 272); and (2)
$9,553,000 shall be available until September 30, 2022, for salaries
and expenses of the Office of Insular Affairs: Provided, That all
financial transactions of the territorial and local governments herein
provided for, including such transactions of all agencies or
instrumentalities established or used by such governments, may
be audited by the Government Accountability Office, at its discretion, in accordance with chapter 35 of title 31, United States Code:
Provided further, That Northern Mariana Islands Covenant grant
funding shall be provided according to those terms of the Agreement
of the Special Representatives on Future United States Financial
Assistance for the Northern Mariana Islands approved by Public
Law 104–134: Provided further, That the funds for the program
of operations and maintenance improvement are appropriated to
institutionalize routine operations and maintenance improvement
of capital infrastructure with territorial participation and cost
sharing to be determined by the Secretary based on the grantee’s
commitment to timely maintenance of its capital assets: Provided
further, That any appropriation for disaster assistance under this
heading in this Act or previous appropriations Acts may be used
as non–Federal matching funds for the purpose of hazard mitigation
grants provided pursuant to section 404 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c).

48 USC 1469b
note.

Determination.

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COMPACT OF FREE ASSOCIATION

For grants and necessary expenses, $8,463,000, to remain available until expended, as provided for in sections 221(a)(2) and 233
of the Compact of Free Association for the Republic of Palau;
and section 221(a)(2) of the Compacts of Free Association for the
Government of the Republic of the Marshall Islands and the Federated States of Micronesia, as authorized by Public Law 99–658
and Public Law 108–188: Provided, That of the funds appropriated
under this heading, $5,000,000 is for deposit into the Compact
Trust Fund of the Republic of the Marshall Islands as compensation
authorized by Public Law 108–188 for adverse financial and economic impacts.

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PUBL260A

134 STAT. 1498

PUBLIC LAW 116–260—DEC. 27, 2020
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFER OF FUNDS)

At the request of the Governor of Guam, the Secretary may
transfer discretionary funds or mandatory funds provided under
section 104(e) of Public Law 108–188 and Public Law 104–134,
that are allocated for Guam, to the Secretary of Agriculture for
the subsidy cost of direct or guaranteed loans, plus not to exceed
three percent of the amount of the subsidy transferred for the
cost of loan administration, for the purposes authorized by the
Rural Electrification Act of 1936 and section 306(a)(1) of the Consolidated Farm and Rural Development Act for construction and repair
projects in Guam, and such funds shall remain available until
expended: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That such loans or loan
guarantees may be made without regard to the population of the
area, credit elsewhere requirements, and restrictions on the types
of eligible entities under the Rural Electrification Act of 1936 and
section 306(a)(1) of the Consolidated Farm and Rural Development
Act: Provided further, That any funds transferred to the Secretary
of Agriculture shall be in addition to funds otherwise made available
to make or guarantee loans under such authorities.
OFFICE

OF THE

SOLICITOR

SALARIES AND EXPENSES

For necessary
$86,813,000.

expenses

OFFICE

of

the

OF INSPECTOR

Office

of

the

Solicitor,

GENERAL

SALARIES AND EXPENSES

For necessary expenses of the Office of Inspector General,
$58,552,000, to remain available until September 30, 2022.
DEPARTMENT-WIDE PROGRAMS
WILDLAND FIRE MANAGEMENT

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(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses for fire preparedness, fire suppression
operations, fire science and research, emergency rehabilitation, fuels
management activities, and rural fire assistance by the Department
of the Interior, $992,623,000, to remain available until expended,
of which not to exceed $18,427,000 shall be for the renovation
or construction of fire facilities: Provided, That such funds are
also available for repayment of advances to other appropriation
accounts from which funds were previously transferred for such
purposes: Provided further, That of the funds provided $219,964,000
is for fuels management activities: Provided further, That of the
funds provided $20,470,000 is for burned area rehabilitation: Provided further, That persons hired pursuant to 43 U.S.C. 1469 may

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PUBL260A

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1499

be furnished subsistence and lodging without cost from funds available from this appropriation: Provided further, That notwithstanding 42 U.S.C. 1856d, sums received by a bureau or office
of the Department of the Interior for fire protection rendered pursuant to 42 U.S.C. 1856 et seq., protection of United States property,
may be credited to the appropriation from which funds were
expended to provide that protection, and are available without
fiscal year limitation: Provided further, That using the amounts
designated under this title of this Act, the Secretary of the Interior
may enter into procurement contracts, grants, or cooperative agreements, for fuels management activities, and for training and monitoring associated with such fuels management activities on Federal
land, or on adjacent non-Federal land for activities that benefit
resources on Federal land: Provided further, That the costs of implementing any cooperative agreement between the Federal Government and any non-Federal entity may be shared, as mutually
agreed on by the affected parties: Provided further, That notwithstanding requirements of the Competition in Contracting Act, the
Secretary, for purposes of fuels management activities, may obtain
maximum practicable competition among: (1) local private, nonprofit, or cooperative entities; (2) Youth Conservation Corps crews,
Public Lands Corps (Public Law 109–154), or related partnerships
with State, local, or nonprofit youth groups; (3) small or microbusinesses; or (4) other entities that will hire or train locally a
significant percentage, defined as 50 percent or more, of the project
workforce to complete such contracts: Provided further, That in
implementing this section, the Secretary shall develop written guidance to field units to ensure accountability and consistent application of the authorities provided herein: Provided further, That funds
appropriated under this heading may be used to reimburse the
United States Fish and Wildlife Service and the National Marine
Fisheries Service for the costs of carrying out their responsibilities
under the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.) to consult and conference, as required by section 7 of such
Act, in connection with wildland fire management activities: Provided further, That the Secretary of the Interior may use wildland
fire appropriations to enter into leases of real property with local
governments, at or below fair market value, to construct capitalized
improvements for fire facilities on such leased properties, including
but not limited to fire guard stations, retardant stations, and other
initial attack and fire support facilities, and to make advance payments for any such lease or for construction activity associated
with the lease: Provided further, That the Secretary of the Interior
and the Secretary of Agriculture may authorize the transfer of
funds appropriated for wildland fire management, in an aggregate
amount not to exceed $50,000,000 between the Departments when
such transfers would facilitate and expedite wildland fire management programs and projects: Provided further, That funds provided
for wildfire suppression shall be available for support of Federal
emergency response actions: Provided further, That funds appropriated under this heading shall be available for assistance to
or through the Department of State in connection with forest and
rangeland research, technical information, and assistance in foreign
countries, and, with the concurrence of the Secretary of State,
shall be available to support forestry, wildland fire management,
and related natural resource activities outside the United States
and its territories and possessions, including technical assistance,

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Contracts.
Grants.

Guidance.

Reimbursement.

Contracts.
Real property.

PUBL260A

134 STAT. 1500

PUBLIC LAW 116–260—DEC. 27, 2020

education and training, and cooperation with United States and
international organizations: Provided further, That of the funds
provided under this heading $383,657,000 is provided to meet the
terms of section 251(b)(2)(F)(ii)(I) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
WILDFIRE SUPPRESSION OPERATIONS RESERVE FUND
(INCLUDING TRANSFERS OF FUNDS)

Notification.
Deadline.

Determination.
Deadline.

In addition to the amounts provided under the heading ‘‘Department of the Interior—Department-Wide Programs—Wildland Fire
Management’’ for wildfire suppression operations, $310,000,000, to
remain available until transferred, is additional new budget
authority as specified for purposes of section 251(b)(2)(F) of the
Balanced Budget and Emergency Deficit Control Act of 1985: Provided, That such amounts may be transferred to and merged with
amounts made available under the headings ‘‘Department of Agriculture—Forest Service—Wildland Fire Management’’ and ‘‘Department of the Interior—Department-Wide Programs—Wildland Fire
Management’’ for wildfire suppression operations in the fiscal year
in which such amounts are transferred: Provided further, That
amounts may be transferred to the ‘‘Wildland Fire Management’’
accounts in the Department of Agriculture or the Department of
the Interior only upon the notification of the House and Senate
Committees on Appropriations that all wildfire suppression operations funds appropriated under that heading in this and prior
appropriations Acts to the agency to which the funds will be transferred will be obligated within 30 days: Provided further, That
the transfer authority provided under this heading is in addition
to any other transfer authority provided by law: Provided further,
That, in determining whether all wildfire suppression operations
funds appropriated under the heading ‘‘Wildland Fire Management’’
in this and prior appropriations Acts to either the Department
of Agriculture or the Department of the Interior will be obligated
within 30 days pursuant to the previous proviso, any funds transferred or permitted to be transferred pursuant to any other transfer
authority provided by law shall be excluded.
CENTRAL HAZARDOUS MATERIALS FUND

For necessary expenses of the Department of the Interior and
any of its component offices and bureaus for the response action,
including associated activities, performed pursuant to the Comprehensive Environmental Response, Compensation, and Liability
Act (42 U.S.C. 9601 et seq.), $10,010,000, to remain available until
expended.
NATURAL RESOURCE DAMAGE ASSESSMENT

AND

RESTORATION

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NATURAL RESOURCE DAMAGE ASSESSMENT FUND

To conduct natural resource damage assessment, restoration
activities, and onshore oil spill preparedness by the Department
of the Interior necessary to carry out the provisions of the Comprehensive Environmental Response, Compensation, and Liability
Act (42 U.S.C. 9601 et seq.), the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.), the Oil Pollution Act of 1990 (33

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1501

U.S.C. 2701 et seq.), and 54 U.S.C. 100721 et seq., $7,767,000,
to remain available until expended.
WORKING CAPITAL FUND

For the operation and maintenance of a departmental financial
and business management system, information technology improvements of general benefit to the Department, cybersecurity, and
the consolidation of facilities and operations throughout the Department, $60,735,000, to remain available until expended: Provided,
That none of the funds appropriated in this Act or any other
Act may be used to establish reserves in the Working Capital
Fund account other than for accrued annual leave and depreciation
of equipment without prior approval of the Committees on Appropriations of the House of Representatives and the Senate: Provided
further, That the Secretary of the Interior may assess reasonable
charges to State, local, and tribal government employees for training
services provided by the National Indian Program Training Center,
other than training related to Public Law 93–638: Provided further,
That the Secretary may lease or otherwise provide space and related
facilities, equipment, or professional services of the National Indian
Program Training Center to State, local and tribal government
employees or persons or organizations engaged in cultural, educational, or recreational activities (as defined in section 3306(a)
of title 40, United States Code) at the prevailing rate for similar
space, facilities, equipment, or services in the vicinity of the
National Indian Program Training Center: Provided further, That
all funds received pursuant to the two preceding provisos shall
be credited to this account, shall be available until expended, and
shall be used by the Secretary for necessary expenses of the
National Indian Program Training Center: Provided further, That
the Secretary may enter into grants and cooperative agreements
to support the Office of Natural Resource Revenue’s collection and
disbursement of royalties, fees, and other mineral revenue proceeds,
as authorized by law.

Advance
approval.

Contracts.

Grants.
Contracts.

ADMINISTRATIVE PROVISION

There is hereby authorized for acquisition from available
resources within the Working Capital Fund, aircraft which may
be obtained by donation, purchase, or through available excess
surplus property: Provided, That existing aircraft being replaced
may be sold, with proceeds derived or trade-in value used to offset
the purchase price for the replacement aircraft.

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OFFICE OF NATURAL RESOURCES REVENUE

For necessary expenses for management of the collection and
disbursement of royalties, fees, and other mineral revenue proceeds,
and for grants and cooperative agreements, as authorized by law,
$148,474,000, to remain available until September 30, 2022; of
which $50,651,000 shall remain available until expended for the
purpose of mineral revenue management activities: Provided, That
notwithstanding any other provision of law, $15,000 shall be available for refunds of overpayments in connection with certain Indian
leases in which the Secretary of the Interior concurred with the
claimed refund due, to pay amounts owed to Indian allottees or
tribes, or to correct prior unrecoverable erroneous payments.

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PUBL260A

134 STAT. 1502

PUBLIC LAW 116–260—DEC. 27, 2020
GENERAL PROVISIONS, DEPARTMENT

OF THE INTERIOR

(INCLUDING TRANSFERS OF FUNDS)
EMERGENCY TRANSFER AUTHORITY—INTRA-BUREAU

SEC. 101. Appropriations made in this title shall be available
for expenditure or transfer (within each bureau or office), with
the approval of the Secretary of the Interior, 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.
EMERGENCY TRANSFER AUTHORITY—DEPARTMENT-WIDE

Reimbursement.

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Determination.
Deadline.

Reimbursement.

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SEC. 102. The Secretary of the Interior 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.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1503

AUTHORIZED USE OF FUNDS

SEC. 103. 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 of the Interior, 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.
AUTHORIZED USE OF FUNDS, INDIAN TRUST MANAGEMENT

SEC. 104. 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.

Notification.
Deadline.

REDISTRIBUTION OF FUNDS, BUREAU OF INDIAN AFFAIRS

SEC. 105. 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.

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ELLIS, GOVERNORS, AND LIBERTY ISLANDS

SEC. 106. 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

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New York.
New Jersey.
Contracts.

PUBL260A

134 STAT. 1504

PUBLIC LAW 116–260—DEC. 27, 2020

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.
OUTER CONTINENTAL SHELF INSPECTION FEES

Time period.
Deadlines.

SEC. 107. (a) In fiscal year 2021, the Secretary of the Interior
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).
(b) 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—
(1) $10,500 for facilities with no wells, but with processing
equipment or gathering lines;
(2) $17,000 for facilities with 1 to 10 wells, with any combination of active or inactive wells; and
(3) $31,500 for facilities with more than 10 wells, with
any combination of active or inactive wells.
(c) Fees for drilling rigs shall be assessed for all inspections
completed in fiscal year 2021. Fees for fiscal year 2021 shall be—
(1) $30,500 per inspection for rigs operating in water depths
of 500 feet or more; and
(2) $16,700 per inspection for rigs operating in water depths
of less than 500 feet.
(d) Fees for inspection of well operations conducted via nonrig 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—
(1) $13,260 per inspection for non-rig units operating in
water depths of 2,500 feet or more;
(2) $11,530 per inspection for non-rig units operating in
water depths between 500 and 2,499 feet; and
(3) $4,470 per inspection for non-rig units operating in
water depths of less than 500 feet.
(e) 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.
CONTRACTS AND AGREEMENTS FOR WILD HORSE AND BURRO HOLDING
FACILITIES

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16 USC 1336
note.

Time period.

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SEC. 108. 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.

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PUBL260A

PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1505

MASS MARKING OF SALMONIDS

SEC. 109. 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.
CONTRACTS AND AGREEMENTS WITH INDIAN AFFAIRS

SEC. 110. 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.
DEPARTMENT OF THE INTERIOR EXPERIENCED SERVICES PROGRAM

SEC. 111. (a) 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.
(b) Prior to awarding any grant or agreement under subsection
(a), the Secretary shall ensure that the agreement would not—
(1) result in the displacement of individuals currently
employed by the Department, including partial displacement
through reduction of non-overtime hours, wages, or employment
benefits;
(2) 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
(3) affect existing contracts for services.

Grants.
Contracts.

OBLIGATION OF FUNDS

SEC. 112. 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.

Deadline.

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EXTENSION OF AUTHORITIES

SEC. 113. (a) 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’’.
(b) Section 109(a) of title I of Public Law 106–278 is amended
by striking ‘‘ $10,000,000’’ and inserting ‘‘ $12,000,000’’.

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54 USC 320101
note.
54 USC 320101
note.

PUBL260A

134 STAT. 1506

PUBLIC LAW 116–260—DEC. 27, 2020
SEPARATION OF ACCOUNTS

SEC. 114. 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.
PAYMENTS IN LIEU OF TAXES (PILT)

SEC. 115. Section 6906 of title 31, United States Code, shall
be applied by substituting ‘‘fiscal year 2021’’ for ‘‘fiscal year 2019’’.

Applicability.
31 USC 6906
note.

SAGE-GROUSE

SEC. 116. None of the funds made available by this or any
other Act may be used by the Secretary of the Interior to write
or issue pursuant to section 4 of the Endangered Species Act of
1973 (16 U.S.C. 1533)—
(1) a proposed rule for greater sage-grouse (Centrocercus
urophasianus);
(2) a proposed rule for the Columbia basin distinct population segment of greater sage-grouse.
DISCLOSURE OF DEPARTURE OR ALTERNATE PROCEDURE APPROVAL

SEC. 117. (a) Subject to subsection (b), beginning no later than
180 days after the enactment of this Act, 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.
(b) The head of each bureau may exclude confidential business
information.

Deadlines.
Public
information.
Web posting.

MEDICAL SERVICES FUND

54 USC 102712
note.

SEC. 118. Beginning in fiscal year 2022 and for each fiscal
year thereafter, fees collected pursuant to section 2404 of Public
Law 116-9 shall be deposited into the National Park Medical Services Fund established pursuant to such section of such Act as
discretionary offsetting receipts.

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INTERAGENCY MOTOR POOL

SEC. 119. 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.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1507

LONG BRIDGE PROJECT

SEC. 120. (a) AUTHORIZATION OF CONVEYANCE.—On request
by the State of Virginia or the District of Columbia for the purpose
of the construction of rail and other infrastructure relating to the
Long Bridge Project, the Secretary of the Interior may convey
to the State or the District of Columbia, as applicable, all right,
title, and interest of the United States in and to any portion
of the approximately 4.4 acres of National Park Service land
depicted as ‘‘Permanent Impact to NPS Land’’ on the Map dated
May 15, 2020, that is identified by the State or the District of
Columbia.
(b) TERMS AND CONDITIONS.—Such conveyance of the National
Park Service land under subsection (a) shall be subject to any
terms and conditions that the Secretary may require. If such conveyed land is no longer being used for the purposes specified in
this section, the lands or interests therein shall revert to the
National Park Service after they have been restored or remediated
to the satisfaction of the Secretary.
(c) CORRECTIONS.—The Secretary and the State or the District
of Columbia, as applicable, by mutual agreement, may—
(1) make minor boundary adjustments to the National Park
Service land to be conveyed to the State or the District of
Columbia under subsection (a); and
(2) correct any minor errors in the Map referred to in
subsection (a).
(d) DEFINITIONS.—For purposes of this section:
(1) LONG BRIDGE PROJECT.—The term ‘‘Long Bridge Project’’
means the rail project, as identified by the Federal Railroad
Administration, from Rosslyn (RO) Interlocking in Arlington,
Virginia, to L’Enfant (LE) Interlocking in Washington, DC,
which includes a bicycle and pedestrian bridge.
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior, acting through the Director of the National
Park Service.
(3) STATE.—The term ‘‘State’’ means the State of Virginia.

Virginia.
District of
Columbia.

TITLE II
ENVIRONMENTAL PROTECTION AGENCY

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SCIENCE

AND

TECHNOLOGY

For science and technology, including research and development
activities, which shall include research and development activities
under the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980; necessary expenses for personnel and
related costs and travel expenses; procurement of laboratory equipment and supplies; hire, maintenance, and operation of aircraft;
and other operating expenses in support of research and development, $729,329,000, to remain available until September 30, 2022:
Provided, That of the funds included under this heading, $7,500,000
shall be for Research: National Priorities as specified in the explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act).

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PUBL260A

134 STAT. 1508

PUBLIC LAW 116–260—DEC. 27, 2020
ENVIRONMENTAL PROGRAMS

AND

MANAGEMENT

For environmental programs and management, including necessary expenses not otherwise provided for, for personnel and
related costs and travel expenses; hire of passenger motor vehicles;
hire, maintenance, and operation of aircraft; purchase of reprints;
library memberships in societies or associations which issue publications to members only or at a price to members lower than to
subscribers who are not members; administrative costs of the
brownfields program under the Small Business Liability Relief and
Brownfields Revitalization Act of 2002; implementation of a coal
combustion residual permit program under section 2301 of the
Water and Waste Act of 2016; and not to exceed $19,000 for official
reception and representation expenses, $2,761,550,000, to remain
available until September 30, 2022: Provided, That of the funds
included under this heading, $21,700,000 shall be for Environmental
Protection: National Priorities as specified in the explanatory statement described in section 4 (in the matter preceding division A
of this consolidated Act): Provided further, That of the funds
included under this heading, $541,972,000 shall be for Geographic
Programs specified in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated
Act).
In addition, $5,000,000 to remain available until expended,
for necessary expenses of activities described in section 26(b)(1)
of the Toxic Substances Control Act (15 U.S.C. 2625(b)(1)): Provided,
That fees collected pursuant to that section of that Act and deposited
in the ‘‘TSCA Service Fee Fund’’ as discretionary offsetting receipts
in fiscal year 2021 shall be retained and used for necessary salaries
and expenses in this appropriation and shall remain available until
expended: Provided further, That the sum herein appropriated in
this paragraph from the general fund for fiscal year 2021 shall
be reduced by the amount of discretionary offsetting receipts
received during fiscal year 2021, so as to result in a final fiscal
year 2021 appropriation from the general fund estimated at not
more than $0: Provided further, That to the extent that amounts
realized from such receipts exceed $5,000,000, those amount in
excess of $5,000,000 shall be deposited in the ‘‘TSCA Service Fee
Fund’’ as discretionary offsetting receipts in fiscal year 2021, shall
be retained and used for necessary salaries and expenses in this
account, and shall remain available until expended: Provided further, That of the funds included in the first paragraph under this
heading, the Chemical Risk Review and Reduction program project
shall be allocated for this fiscal year, excluding the amount of
any fees appropriated, not less than the amount of appropriations
for that program project for fiscal year 2014.

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HAZARDOUS WASTE ELECTRONIC MANIFEST SYSTEM FUND
For necessary expenses to carry out section 3024 of the Solid
Waste Disposal Act (42 U.S.C. 6939g), including the development,
operation, maintenance, and upgrading of the hazardous waste
electronic manifest system established by such section, $8,000,000,
to remain available until expended: Provided, That the sum herein
appropriated from the general fund shall be reduced as offsetting
collections under such section 3024 are received during fiscal year
2021, which shall remain available until expended and be used
for necessary expenses in this appropriation, so as to result in

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1509

a final fiscal year 2021 appropriation from the general fund estimated at not more than $0: Provided further, That to the extent
such offsetting collections received in fiscal year 2021 exceed
$8,000,000, those excess amounts shall remain available until
expended and be used for necessary expenses in this appropriation.
OFFICE

OF INSPECTOR

GENERAL

For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$43,500,000, to remain available until September 30, 2022.
BUILDINGS

AND

FACILITIES

For construction, repair, improvement, extension, alteration,
and purchase of fixed equipment or facilities of, or for use by,
the Environmental Protection Agency, $33,752,000, to remain available until expended.
HAZARDOUS SUBSTANCE SUPERFUND
(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses to carry out the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(CERCLA), including sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42
U.S.C. 9611), and hire, maintenance, and operation of aircraft,
$1,205,811,000, to remain available until expended, consisting of
such sums as are available in the Trust Fund on September 30,
2020, as authorized by section 517(a) of the Superfund Amendments
and Reauthorization Act of 1986 (SARA) and up to $1,205,811,000
as a payment from general revenues to the Hazardous Substance
Superfund for purposes as authorized by section 517(b) of SARA:
Provided, That funds appropriated under this heading may be allocated to other Federal agencies in accordance with section 111(a)
of CERCLA: Provided further, That of the funds appropriated under
this heading, $11,586,000 shall be paid to the ‘‘Office of Inspector
General’’ appropriation to remain available until September 30,
2022, and $30,755,000 shall be paid to the ‘‘Science and Technology’’
appropriation to remain available until September 30, 2022.

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LEAKING UNDERGROUND STORAGE TANK TRUST FUND PROGRAM
For necessary expenses to carry out leaking underground storage tank cleanup activities authorized by subtitle I of the Solid
Waste Disposal Act, $92,203,000, to remain available until
expended, of which $66,834,000 shall be for carrying out leaking
underground storage tank cleanup activities authorized by section
9003(h) of the Solid Waste Disposal Act; $25,369,000 shall be for
carrying out the other provisions of the Solid Waste Disposal Act
specified in section 9508(c) of the Internal Revenue Code: Provided,
That the Administrator is authorized to use appropriations made
available under this heading to implement section 9013 of the
Solid Waste Disposal Act to provide financial assistance to federally
recognized Indian tribes for the development and implementation
of programs to manage underground storage tanks.

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134 STAT. 1510

PUBLIC LAW 116–260—DEC. 27, 2020
INLAND OIL SPILL PROGRAMS

For expenses necessary to carry out the Environmental Protection Agency’s responsibilities under the Oil Pollution Act of 1990,
including hire, maintenance, and operation of aircraft, $20,098,000,
to be derived from the Oil Spill Liability trust fund, to remain
available until expended.
STATE

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Territories.
District of
Columbia.

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AND

TRIBAL ASSISTANCE GRANTS

For environmental programs and infrastructure assistance,
including capitalization grants for State revolving funds and
performance partnership grants, $4,313,901,000, to remain available until expended, of which—
(1) $1,638,826,000 shall be for making capitalization grants
for the Clean Water State Revolving Funds under title VI
of the Federal Water Pollution Control Act; and of which
$1,126,088,000 shall be for making capitalization grants for
the Drinking Water State Revolving Funds under section 1452
of the Safe Drinking Water Act: Provided, That for fiscal year
2021, to the extent there are sufficient eligible project applications and projects are consistent with State Intended Use Plans,
not less than 10 percent of the funds made available under
this title to each State for Clean Water State Revolving Fund
capitalization grants shall be used by the State for projects
to address green infrastructure, water or energy efficiency
improvements, or other environmentally innovative activities:
Provided further, That for fiscal year 2021, funds made available under this title to each State for Drinking Water State
Revolving Fund capitalization grants may, at the discretion
of each State, be used for projects to address green infrastructure, water or energy efficiency improvements, or other environmentally innovative activities: Provided further, That notwithstanding section 603(d)(7) of the Federal Water Pollution Control Act, the limitation on the amounts in a State water pollution control revolving fund that may be used by a State to
administer the fund shall not apply to amounts included as
principal in loans made by such fund in fiscal year 2021 and
prior years where such amounts represent costs of administering the fund to the extent that such amounts are or were
deemed reasonable by the Administrator, accounted for separately from other assets in the fund, and used for eligible
purposes of the fund, including administration: Provided further, That for fiscal year 2021, notwithstanding the provisions
of subsections (g)(1), (h), and (l) of section 201 of the Federal
Water Pollution Control Act, grants made under title II of
such Act for American Samoa, Guam, the Commonwealth of
the Northern Marianas, the United States Virgin Islands, and
the District of Columbia may also be made for the purpose
of providing assistance: (1) solely for facility plans, design activities, or plans, specifications, and estimates for any proposed
project for the construction of treatment works; and (2) for
the construction, repair, or replacement of privately owned
treatment works serving one or more principal residences or
small commercial establishments: Provided further, That for
fiscal year 2021, notwithstanding the provisions of such subsections (g)(1), (h), and (l) of section 201 and section 518(c)
of the Federal Water Pollution Control Act, funds reserved

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1511

by the Administrator for grants under section 518(c) of the
Federal Water Pollution Control Act may also be used to provide
assistance: (1) solely for facility plans, design activities, or
plans, specifications, and estimates for any proposed project
for the construction of treatment works; and (2) for the construction, repair, or replacement of privately owned treatment works
serving one or more principal residences or small commercial
establishments: Provided further, That for fiscal year 2021,
notwithstanding any provision of the Federal Water Pollution
Control Act and regulations issued pursuant thereof, up to
a total of $2,000,000 of the funds reserved by the Administrator
for grants under section 518(c) of such Act may also be used
for grants for training, technical assistance, and educational
programs relating to the operation and management of the
treatment works specified in section 518(c) of such Act: Provided
further, That for fiscal year 2021, funds reserved under section
518(c) of such Act shall be available for grants only to Indian
tribes, as defined in section 518(h) of such Act and former
Indian reservations in Oklahoma (as determined by the Secretary of the Interior) and Native Villages as defined in Public
Law 92–203: Provided further, That for fiscal year 2021, notwithstanding the limitation on amounts in section 518(c) of
the Federal Water Pollution Control Act, up to a total of 2
percent of the funds appropriated, or $30,000,000, whichever
is greater, and notwithstanding the limitation on amounts in
section 1452(i) of the Safe Drinking Water Act, up to a total
of 2 percent of the funds appropriated, or $20,000,000, whichever is greater, for State Revolving Funds under such Acts
may be reserved by the Administrator for grants under section
518(c) and section 1452(i) of such Acts: Provided further, That
for fiscal year 2021, notwithstanding the amounts specified
in section 205(c) of the Federal Water Pollution Control Act,
up to 1.5 percent of the aggregate funds appropriated for the
Clean Water State Revolving Fund program under the Act
less any sums reserved under section 518(c) of the Act, may
be reserved by the Administrator for grants made under title
II of the Federal Water Pollution Control Act for American
Samoa, Guam, the Commonwealth of the Northern Marianas,
and United States Virgin Islands: Provided further, That for
fiscal year 2021, notwithstanding the limitations on amounts
specified in section 1452(j) of the Safe Drinking Water Act,
up to 1.5 percent of the funds appropriated for the Drinking
Water State Revolving Fund programs under the Safe Drinking
Water Act may be reserved by the Administrator for grants
made under section 1452(j) of the Safe Drinking Water Act:
Provided further, That 10 percent of the funds made available
under this title to each State for Clean Water State Revolving
Fund capitalization grants and 14 percent of the funds made
available under this title to each State for Drinking Water
State Revolving Fund capitalization grants shall be used by
the State to provide additional subsidy to eligible recipients
in the form of forgiveness of principal, negative interest loans,
or grants (or any combination of these), and shall be so used
by the State only where such funds are provided as initial
financing for an eligible recipient or to buy, refinance, or
restructure the debt obligations of eligible recipients only where
such debt was incurred on or after the date of enactment

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Oklahoma.
Determination.

Territories.

Determination.

PUBL260A

134 STAT. 1512

of this Act, or where such debt was incurred prior to the
date of enactment of this Act if the State, with concurrence
from the Administrator, determines that such funds could be
used to help address a threat to public health from heightened
exposure to lead in drinking water or if a Federal or State
emergency declaration has been issued due to a threat to public
health from heightened exposure to lead in a municipal
drinking water supply before the date of enactment of this
Act: Provided further, That in a State in which such an emergency declaration has been issued, the State may use more
than 14 percent of the funds made available under this title
to the State for Drinking Water State Revolving Fund capitalization grants to provide additional subsidy to eligible recipients;
(2) $30,000,000 shall be for architectural, engineering, planning, design, construction and related activities in connection
with the construction of high priority water and wastewater
facilities in the area of the United States-Mexico Border, after
consultation with the appropriate border commission: Provided,
That no funds provided by this appropriations Act to address
the water, wastewater and other critical infrastructure needs
of the colonias in the United States along the United StatesMexico border shall be made available to a county or municipal
government unless that government has established an enforceable local ordinance, or other zoning rule, which prevents in
that jurisdiction the development or construction of any additional colonia areas, or the development within an existing
colonia the construction of any new home, business, or other
structure which lacks water, wastewater, or other necessary
infrastructure;
(3) $36,186,000 shall be for grants to the State of Alaska
to address drinking water and wastewater infrastructure needs
of rural and Alaska Native Villages: Provided, That of these
funds: (A) the State of Alaska shall provide a match of 25
percent; (B) no more than 5 percent of the funds may be
used for administrative and overhead expenses; and (C) the
State of Alaska shall make awards consistent with the Statewide priority list established in conjunction with the Agency
and the U.S. Department of Agriculture for all water, sewer,
waste disposal, and similar projects carried out by the State
of Alaska that are funded under section 221 of the Federal
Water Pollution Control Act (33 U.S.C. 1301) or the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et
seq.) which shall allocate not less than 25 percent of the funds
provided for projects in regional hub communities;
(4) $90,982,000 shall be to carry out section 104(k) of
the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (CERCLA), including grants, interagency agreements, and associated program support costs: Provided, That at least 10 percent shall be allocated for assistance
in persistent poverty counties: Provided further, 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 the most recent
Small Area Income and Poverty Estimates, or any territory
or possession of the United States;

Consultation.

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Definition.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1513

(5) $90,000,000 shall be for grants under title VII, subtitle
G of the Energy Policy Act of 2005;
(6) $59,000,000 shall be for targeted airshed grants in
accordance with the terms and conditions in the explanatory
statement described in section 4 (in the matter preceding division A of this consolidated Act);
(7) $4,000,000 shall be to carry out the water quality program authorized in section 5004(d) of the Water Infrastructure
Improvements for the Nation Act (Public Law 114–322);
(8) $26,408,000 shall be for grants under subsections (a)
through (j) of section 1459A of the Safe Drinking Water Act
(42 U.S.C. 300j–19a);
(9) $26,500,000 shall be for grants under section 1464(d)
of the Safe Drinking Water Act (42 U.S.C. 300j–24(d));
(10) $21,511,000 shall be for grants under section 1459B
of the Safe Drinking Water Act (42 U.S.C. 300j–19b);
(11) $4,000,000 shall be for grants under section 1459A(l)
of the Safe Drinking Water Act (42 U.S.C. 300j–19a(l));
(12) $18,000,000 shall be for grants under section 104(b)(8)
of the Federal Water Pollution Control Act (33 U.S.C.
1254(b)(8));
(13) $40,000,000 shall be for grants under section 221
of the Federal Water Pollution Control Act (33 U.S.C. 1301);
(14) $3,000,000 shall be for grants under section 4304(b)
of the America’s Water Infrastructure Act of 2018 (Public Law
115–270); and
(15) $1,099,400,000 shall be for grants, including associated
program support costs, to States, federally recognized tribes,
interstate agencies, tribal consortia, and air pollution control
agencies for multi-media or single media pollution prevention,
control and abatement, and related activities, including activities pursuant to the provisions set forth under this heading
in Public Law 104–134, and for making grants under section
103 of the Clean Air Act for particulate matter monitoring
and data collection activities subject to terms and conditions
specified by the Administrator, and under section 2301 of the
Water and Waste Act of 2016 to assist States in developing
and implementing programs for control of coal combustion
residuals, of which: $46,195,000 shall be for carrying out section
128 of CERCLA; $9,336,000 shall be for Environmental
Information Exchange Network grants, including associated
program support costs; $1,475,000 shall be for grants to States
under section 2007(f)(2) of the Solid Waste Disposal Act, which
shall be in addition to funds appropriated under the heading
‘‘Leaking Underground Storage Tank Trust Fund Program’’
to carry out the provisions of the Solid Waste Disposal Act
specified in section 9508(c) of the Internal Revenue Code other
than section 9003(h) of the Solid Waste Disposal Act;
$17,924,000 of the funds available for grants under section
106 of the Federal Water Pollution Control Act shall be for
State participation in national- and State-level statistical surveys of water resources and enhancements to State monitoring
programs; $10,000,000 shall be for multipurpose grants,
including interagency agreements, in accordance with the terms
and conditions described in the explanatory statement described
in section 4 (in the matter preceding division A of this consolidated Act).

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PUBL260A

134 STAT. 1514

PUBLIC LAW 116–260—DEC. 27, 2020
WATER INFRASTRUCTURE FINANCE AND INNOVATION PROGRAM
ACCOUNT

Loans.

Criteria.

Certification.
Compliance.

Records.

For the cost of direct loans and for the cost of guaranteed
loans, as authorized by the Water Infrastructure Finance and
Innovation Act of 2014, $59,500,000, to remain available until
expended: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That these funds are available
to subsidize gross obligations for the principal amount of direct
loans, including capitalized interest, and total loan principal,
including capitalized interest, any part of which is to be guaranteed,
not to exceed $12,500,000,000: Provided further, That of the funds
made available under this heading, $5,000,000 shall be used solely
for the cost of direct loans and for the cost of guaranteed loans
for projects described in section 5026(9) of the Water Infrastructure
Finance and Innovation Act of 2014 to State infrastructure financing
authorities, as authorized by section 5033(e) of such Act: Provided
further, That the use of direct loans or loan guarantee authority
under this heading for direct loans or commitments to guarantee
loans for any project shall be in accordance with the criteria published in the Federal Register on June 30, 2020 (85 FR 39189)
pursuant to the fourth proviso under the heading ‘‘Water Infrastructure Finance and Innovation Program Account’’ in division D of
the Further Consolidated Appropriations Act, 2020 (Public Law
116–94): Provided further, That none of the direct loans or loan
guarantee authority made available under this heading shall be
available for any project unless the Administrator and the Director
of the Office of Management and Budget have certified in advance
in writing that the direct loan or loan guarantee, as applicable,
and the project comply with the criteria referenced in the previous
proviso: Provided further, That, for the purposes of carrying out
the Congressional Budget Act of 1974, the Director of the Congressional Budget Office may request, and the Administrator shall
promptly provide, documentation and information relating to a
project identified in a Letter of Interest submitted to the Administrator pursuant to a Notice of Funding Availability for applications
for credit assistance under the Water Infrastructure Finance and
Innovation Act Program, including with respect to a project that
was initiated or completed before the date of enactment of this
Act.
In addition, fees authorized to be collected pursuant to sections
5029 and 5030 of the Water Infrastructure Finance and Innovation
Act of 2014 shall be deposited in this account, to remain available
until expended.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, notwithstanding section 5033 of
the Water Infrastructure Finance and Innovation Act of 2014,
$5,500,000, to remain available until September 30, 2022.
ADMINISTRATIVE PROVISIONS—ENVIRONMENTAL PROTECTION
AGENCY

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(INCLUDING TRANSFERS AND RESCISSION OF FUNDS)

For fiscal year 2021, notwithstanding 31 U.S.C. 6303(1) and
6305(1), the Administrator of the Environmental Protection Agency,
in carrying out the Agency’s function to implement directly Federal

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1515

environmental programs required or authorized by law in the
absence of an acceptable tribal program, may award cooperative
agreements to federally recognized Indian tribes or Intertribal consortia, if authorized by their member tribes, to assist the Administrator in implementing Federal environmental programs for Indian
tribes required or authorized by law, except that no such cooperative
agreements may be awarded from funds designated for State financial assistance agreements.
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate pesticide registration service fees
in accordance with section 33 of the Federal Insecticide, Fungicide,
and Rodenticide Act (7 U.S.C. 136w–8).
Notwithstanding section 33(d)(2) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136w–8(d)(2)),
the Administrator of the Environmental Protection Agency may
assess fees under section 33 of FIFRA (7 U.S.C. 136w–8) for fiscal
year 2021.
The Administrator is authorized to transfer up to $330,000,000
of the funds appropriated for the Great Lakes Restoration Initiative
under the heading ‘‘Environmental Programs and Management’’
to the head of any Federal department or agency, with the concurrence of such head, to carry out activities that would support
the Great Lakes Restoration Initiative and Great Lakes Water
Quality Agreement programs, projects, or activities; to enter into
an interagency agreement with the head of such Federal department
or agency to carry out these activities; and to make grants to
governmental entities, nonprofit organizations, institutions, and
individuals for planning, research, monitoring, outreach, and
implementation in furtherance of the Great Lakes Restoration Initiative and the Great Lakes Water Quality Agreement.
The Science and Technology, Environmental Programs and
Management, Office of Inspector General, Hazardous Substance
Superfund, and Leaking Underground Storage Tank Trust Fund
Program Accounts, are available for the construction, alteration,
repair, rehabilitation, and renovation of facilities, provided that
the cost does not exceed $150,000 per project.
For fiscal year 2021, and notwithstanding section 518(f) of
the Federal Water Pollution Control Act (33 U.S.C. 1377(f)), the
Administrator is authorized to use the amounts appropriated for
any fiscal year under section 319 of the Act to make grants to
Indian tribes pursuant to sections 319(h) and 518(e) of that Act.
The Administrator is authorized to use the amounts appropriated under the heading ‘‘Environmental Programs and Management’’ for fiscal year 2021 to provide grants to implement the
Southeastern New England Watershed Restoration Program.
Notwithstanding the limitations on amounts in section
320(i)(2)(B) of the Federal Water Pollution Control Act, not less
than $1,500,000 of the funds made available under this title for
the National Estuary Program shall be for making competitive
awards described in section 320(g)(4).
For fiscal year 2021, the Office of Chemical Safety and Pollution
Prevention and the Office of Water may, using funds appropriated
under the headings ‘‘Environmental Programs and Management’’
and ‘‘Science and Technology’’, contract directly with individuals
or indirectly with institutions or nonprofit organizations, without
regard to 41 U.S.C. 5, for the temporary or intermittent personal
services of students or recent graduates, who shall be considered

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Fees.

Fees.

Grants.

Grants.

Contracts.

PUBL260A

134 STAT. 1516

PUBLIC LAW 116–260—DEC. 27, 2020

employees for the purposes of chapters 57 and 81 of title 5, United
States Code, relating to compensation for travel and work injuries,
and chapter 171 of title 28, United States Code, relating to tort
claims, but shall not be considered to be Federal employees for
any other purpose: Provided, That amounts used for this purpose
by the Office of Chemical Safety and Pollution Prevention and
the Office of Water collectively may not exceed $2,000,000.
Of the unobligated balances available for the ‘‘State and Tribal
Assistance Grants’’ account, $27,991,000 are hereby permanently
rescinded: Provided, That no amounts may be rescinded from
amounts that were designated by the Congress as an emergency
requirement pursuant to the Concurrent Resolution on the Budget
or the Balanced Budget and Emergency Deficit Control Act of
1985.
TITLE III
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
OFFICE OF THE UNDER SECRETARY FOR NATURAL RESOURCES AND
ENVIRONMENT

For necessary expenses of the Office of the Under Secretary
for Natural Resources and Environment, $875,000: Provided, That
funds made available by this Act to any agency in the Natural
Resources and Environment mission area for salaries and expenses
are available to fund up to one administrative support staff for
the office.
FOREST SERVICE
FOREST SERVICE OPERATIONS

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(INCLUDING TRANSFERS

OF

FUNDS)

For necessary expenses of the Forest Service, not otherwise
provided for, $1,026,163,000, to remain available through September 30, 2024: Provided, That a portion of the funds made available under this heading shall be for the base salary and expenses
of employees in the Chief’s Office, the Work Environment and
Performance Office, the Business Operations Deputy Area, and
the Chief Financial Officer’s Office to carry out administrative
and general management support functions: Provided further, That
funds provided under this heading shall be available for the costs
of facility maintenance, repairs, and leases for buildings and sites
where these support functions take place; the costs of all utility
and telecommunication expenses of the Forest Service, as well
as business services; and, for information technology, including
cyber security requirements: Provided further, That funds provided
under this heading may be used for necessary administrative support function expenses of the Forest Service not otherwise provided
for and necessary for its operation.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1517

FOREST AND RANGELAND RESEARCH

For necessary expenses of forest and rangeland research as
authorized by law, $258,760,000, to remain available through September 30, 2024: Provided, That of the funds provided, $17,621,000
is for the forest inventory and analysis program: Provided further,
That all authorities for the use of funds, including the use of
contracts, grants, and cooperative agreements, available to execute
the Forest and Rangeland Research appropriation, are also available
in the utilization of these funds for Fire Science Research.
STATE AND PRIVATE FORESTRY
(INCLUDING RESCISSION OF FUNDS)

For necessary expenses of cooperating with and providing technical and financial assistance to States, territories, possessions,
and others, and for forest health management, and conducting
an international program and trade compliance activities as authorized, $267,180,000, to remain available through September 30, 2024,
as authorized by law.
Of the unobligated balances from amounts made available for
the Forest Legacy Program and derived from the Land and Water
Conservation Fund, $5,809,000 is hereby permanently rescinded
from projects with cost savings or failed or partially failed projects:
Provided, That no amounts may be rescinded from amounts that
were designated by the Congress as an emergency requirement
pursuant to the Concurrent Resolution on the Budget or the Balanced Budget and Emergency Deficit Control Act of 1985.

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NATIONAL FOREST SYSTEM

For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and utilization of the National Forest System, and for hazardous fuels management on or adjacent to such lands, $1,786,870,000, to remain available through September 30, 2024: Provided, That of the funds
provided, $13,787,000 shall be deposited in the Collaborative Forest
Landscape Restoration Fund for ecological restoration treatments
as authorized by 16 U.S.C. 7303(f): Provided further, That of the
funds provided, $37,017,000 shall be for forest products: Provided
further, That of the funds provided, $180,388,000 shall be for hazardous fuels management activities, of which not to exceed
$12,454,000 may be used to make grants, using any authorities
available to the Forest Service under the ‘‘State and Private Forestry’’ appropriation, for the purpose of creating incentives for
increased use of biomass from National Forest System lands: Provided further, That $20,000,000 may be used by the Secretary
of Agriculture to enter into procurement contracts or cooperative
agreements or to issue grants for hazardous fuels management
activities, and for training or monitoring associated with such hazardous fuels management activities on Federal land, or on nonFederal land if the Secretary determines such activities benefit
resources on Federal land: Provided further, That funds made available to implement the Community Forestry Restoration Act, Public
Law 106–393, title VI, shall be available for use on non-Federal
lands in accordance with authorities made available to the Forest

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134 STAT. 1518
Fees.
Advance
approval.
43 USC 1751
note.

PUBLIC LAW 116–260—DEC. 27, 2020

Service under the ‘‘State and Private Forestry’’ appropriations: Provided further, That notwithstanding section 33 of the Bankhead
Jones Farm Tenant Act (7 U.S.C. 1012), the Secretary of Agriculture, in calculating a fee for grazing on a National Grassland,
may provide a credit of up to 50 percent of the calculated fee
to a Grazing Association or direct permittee for a conservation
practice approved by the Secretary in advance of the fiscal year
in which the cost of the conservation practice is incurred, and
that the amount credited shall remain available to the Grazing
Association or the direct permittee, as appropriate, in the fiscal
year in which the credit is made and each fiscal year thereafter
for use on the project for conservation practices approved by the
Secretary: Provided further, That funds appropriated to this account
shall be available for the base salary and expenses of employees
that carry out the functions funded by the ‘‘Capital Improvement
and Maintenance’’ account, the ‘‘Range Betterment Fund’’ account,
and the ‘‘Management of National Forests for Subsistence Uses’’
account.
CAPITAL IMPROVEMENT

AND

MAINTENANCE

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Forest Service, not otherwise
provided for, $140,371,000, to remain available through September
30, 2024, for construction, capital improvement, maintenance, and
acquisition of buildings and other facilities and infrastructure; and
for construction, reconstruction, decommissioning of roads that are
no longer needed, including unauthorized roads that are not part
of the transportation system, and maintenance of forest roads and
trails by the Forest Service as authorized by 16 U.S.C. 532–538
and 23 U.S.C. 101 and 205: Provided, That funds becoming available
in fiscal year 2021 under the Act of March 4, 1913 (16 U.S.C.
501) shall be transferred to the General Fund of the Treasury
and shall not be available for transfer or obligation for any other
purpose unless the funds are appropriated.
LAND ACQUISITION
(RESCISSION OF FUNDS)

Of the unobligated balances from amounts made available for
Land Acquisition and derived from the Land and Water Conservation Fund, $5,619,000 is hereby permanently rescinded from
projects with cost savings or failed or partially failed projects:
Provided, That no amounts may be rescinded from amounts that
were designated by the Congress as an emergency requirement
pursuant to the Concurrent Resolution on the Budget or the Balanced Budget and Emergency Deficit Control Act of 1985.

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ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS

For acquisition of lands within the exterior boundaries of the
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe
National Forest, Nevada; and the Angeles, San Bernardino, Sequoia,
and Cleveland National Forests, California; and the Ozark-St.
Francis and Ouachita National Forests, Arkansas; as authorized
by law, $664,000, to be derived from forest receipts.

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PUBL260A

PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1519

ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

For acquisition of lands, such sums, to be derived from funds
deposited by State, county, or municipal governments, public school
districts, or other public school authorities, and for authorized
expenditures from funds deposited by non-Federal parties pursuant
to Land Sale and Exchange Acts, pursuant to the Act of December
4, 1967 (16 U.S.C. 484a), to remain available through September
30, 2024, (16 U.S.C. 516–617a, 555a; Public Law 96–586; Public
Law 76–589, 76–591; and Public Law 78–310).
RANGE BETTERMENT FUND

For necessary expenses of range rehabilitation, protection, and
improvement, 50 percent of all moneys received during the prior
fiscal year, as fees for grazing domestic livestock on lands in
National Forests in the 16 Western States, pursuant to section
401(b)(1) of Public Law 94–579, to remain available through September 30, 2024, of which not to exceed 6 percent shall be available
for administrative expenses associated with on-the-ground range
rehabilitation, protection, and improvements.
GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND
RESEARCH

For expenses authorized by 16 U.S.C. 1643(b), $45,000, to
remain available through September 30, 2024, to be derived from
the fund established pursuant to the above Act.
MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES

For necessary expenses of the Forest Service to manage Federal
lands in Alaska for subsistence uses under title VIII of the Alaska
National Interest Lands Conservation Act (16 U.S.C. 3111 et seq.),
$1,099,000, to remain available through September 30, 2024.
WILDLAND FIRE MANAGEMENT

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(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses for forest fire presuppression activities
on National Forest System lands, for emergency wildland fire
suppression on or adjacent to such lands or other lands under
fire protection agreement, and for emergency rehabilitation of
burned-over National Forest System lands and water,
$1,927,241,000, to remain available until expended: Provided, That
such funds including unobligated balances under this heading, are
available for repayment of advances from other appropriations
accounts previously transferred for such purposes: Provided further,
That any unobligated funds appropriated in a previous fiscal year
for hazardous fuels management may be transferred to the
‘‘National Forest System’’ account: Provided further, That such
funds shall be available to reimburse State and other cooperating
entities for services provided in response to wildfire and other
emergencies or disasters to the extent such reimbursements by
the Forest Service for non-fire emergencies are fully repaid by
the responsible emergency management agency: Provided further,

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Reimbursement.

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134 STAT. 1520

PUBLIC LAW 116–260—DEC. 27, 2020

That funds provided shall be available for support to Federal emergency response: Provided further, That the costs of implementing
any cooperative agreement between the Federal Government and
any non-Federal entity may be shared, as mutually agreed on
by the affected parties: Provided further, That of the funds provided
under this heading, $1,011,000,000 shall be available for wildfire
suppression operations, and is provided to the meet the terms
of section 251(b)(2)(F)(ii)(I) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
WILDFIRE SUPPRESSION OPERATIONS RESERVE FUND
(INCLUDING TRANSFERS OF FUNDS)

Notification.
Deadline.

Determination.
Deadline.

In addition to the amounts provided under the heading ‘‘Department of Agriculture—Forest Service—Wildland Fire Management’’
for wildfire suppression operations, $2,040,000,000, to remain available until transferred, is additional new budget authority as specified for purposes of section 251(b)(2)(F) of the Balanced Budget
and Emergency Deficit Control Act of 1985: Provided, That such
amounts may be transferred to and merged with amounts made
available under the headings ‘‘Department of the Interior—Department-Wide Programs—Wildland Fire Management’’ and ‘‘Department of Agriculture—Forest Service—Wildland Fire Management’’
for wildfire suppression operations in the fiscal year in which such
amounts are transferred: Provided further, That amounts may be
transferred to the ‘‘Wildland Fire Management’’ accounts in the
Department of the Interior or the Department of Agriculture only
upon the notification of the House and Senate Committees on
Appropriations that all wildfire suppression operations funds appropriated under that heading in this and prior appropriations Acts
to the agency to which the funds will be transferred will be obligated
within 30 days: Provided further, That the transfer authority provided under this heading is in addition to any other transfer
authority provided by law: Provided further, That, in determining
whether all wildfire suppression operations funds appropriated
under the heading ‘‘Wildland Fire Management’’ in this and prior
appropriations Acts to either the Department of Agriculture or
the Department of the Interior will be obligated within 30 days
pursuant to the previous proviso, any funds transferred or permitted
to be transferred pursuant to any other transfer authority provided
by law shall be excluded.
COMMUNICATIONS SITE ADMINISTRATION

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(INCLUDING TRANSFER OF FUNDS)

Amounts collected in this fiscal year pursuant to section
8705(f)(2) of the Agriculture Improvement Act of 2018 (Public Law
115–334), shall be deposited in the special account established
by section 8705(f)(1) of such Act, shall be available to cover the
costs described in subsection (c)(3) of such section of such Act,
and shall remain available until expended: Provided, That such
amounts shall be transferred to the ‘‘National Forest System’’
account.

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PUBL260A

PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1521

ADMINISTRATIVE PROVISIONS—FOREST SERVICE

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(INCLUDING TRANSFERS OF FUNDS)

Appropriations to the Forest Service for the current fiscal year
shall be available for: (1) purchase of passenger motor vehicles;
acquisition of passenger motor vehicles from excess sources, and
hire of such vehicles; purchase, lease, operation, maintenance, and
acquisition of aircraft to maintain the operable fleet for use in
Forest Service wildland fire programs and other Forest Service
programs; notwithstanding other provisions of law, existing aircraft
being replaced may be sold, with proceeds derived or trade-in value
used to offset the purchase price for the replacement aircraft; (2)
services pursuant to 7 U.S.C. 2225, and not to exceed $100,000
for employment under 5 U.S.C. 3109; (3) purchase, erection, and
alteration of buildings and other public improvements (7 U.S.C.
2250); (4) acquisition of land, waters, and interests therein pursuant
to 7 U.S.C. 428a; (5) for expenses pursuant to the Volunteers
in the National Forest Act of 1972 (16 U.S.C. 558a, 558d, and
558a note); (6) the cost of uniforms as authorized by 5 U.S.C.
5901–5902; and (7) for debt collection contracts in accordance with
31 U.S.C. 3718(c).
Funds made available to the Forest Service in this Act may
be transferred between accounts affected by the Forest Service
budget restructure outlined in section 435 of division D of the
Further Consolidated Appropriations Act, 2020 (Public Law 116–
94): Provided, That any transfer of funds pursuant to this paragraph
shall not increase or decrease the funds appropriated to any account
in this fiscal year by more than ten percent: Provided further,
That such transfer authority is in addition to any other transfer
authority provided by law.
Any appropriations or funds available to the Forest Service
may be transferred to the Wildland Fire Management appropriation
for forest firefighting, emergency rehabilitation of burned-over or
damaged lands or waters under its jurisdiction, and fire preparedness due to severe burning conditions upon the Secretary of Agriculture’s notification of the House and Senate Committees on Appropriations that all fire suppression funds appropriated under the
heading ‘‘Wildland Fire Management’’ will be obligated within 30
days: Provided, That all funds used pursuant to this paragraph
must be replenished by a supplemental appropriation which must
be requested as promptly as possible.
Not more than $50,000,000 of funds appropriated to the Forest
Service shall be available for expenditure or transfer to the Department of the Interior for wildland fire management, hazardous fuels
management, and State fire assistance when such transfers would
facilitate and expedite wildland fire management programs and
projects.
Notwithstanding any other provision of this Act, the Forest
Service may transfer unobligated balances of discretionary funds
appropriated to the Forest Service by this Act to or within the
National Forest System Account, or reprogram funds to be used
for the purposes of hazardous fuels management and urgent
rehabilitation of burned-over National Forest System lands and
water, such transferred funds shall remain available through September 30, 2024: Provided, That none of the funds transferred
pursuant to this section shall be available for obligation without

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Notification.
Deadline.

Notification.
Advance
approval.

PUBL260A

134 STAT. 1522

Wild horses and
burros.

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16 USC 556i.

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written notification to and the prior approval of the Committees
on Appropriations of both Houses of Congress.
Funds appropriated to the Forest Service shall be available
for assistance to or through the Agency for International Development in connection with forest and rangeland research, technical
information, and assistance in foreign countries, and shall be available to support forestry and related natural resource activities
outside the United States and its territories and possessions,
including technical assistance, education and training, and cooperation with U.S., private, and international organizations. The Forest
Service, acting for the International Program, may sign direct
funding agreements with foreign governments and institutions as
well as other domestic agencies (including the U.S. Agency for
International Development, the Department of State, and the
Millennium Challenge Corporation), U.S. private sector firms,
institutions and organizations to provide technical assistance and
training programs overseas on forestry and rangeland management.
Funds appropriated to the Forest Service shall be available
for expenditure or transfer to the Department of the Interior,
Bureau of Land Management, for removal, preparation, and adoption of excess wild horses and burros from National Forest System
lands, and for the performance of cadastral surveys to designate
the boundaries of such lands.
None of the funds made available to the Forest Service in
this Act or any other Act with respect to any fiscal year shall
be subject to transfer under the provisions of section 702(b) of
the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257),
section 442 of Public Law 106–224 (7 U.S.C. 7772), or section
10417(b) of Public Law 107–171 (7 U.S.C. 8316(b)).
Not more than $82,000,000 of funds available to the Forest
Service shall be transferred to the Working Capital Fund of the
Department of Agriculture and not more than $14,500,000 of funds
available to the Forest Service shall be transferred to the Department of Agriculture for Department Reimbursable Programs, commonly referred to as Greenbook charges. Nothing in this paragraph
shall prohibit or limit the use of reimbursable agreements requested
by the Forest Service in order to obtain information technology
services, including telecommunications and system modifications
or enhancements, from the Working Capital Fund of the Department of Agriculture.
Of the funds available to the Forest Service, up to $5,000,000
shall be available for priority projects within the scope of the
approved budget, which shall be carried out by the Youth Conservation Corps and shall be carried out under the authority of the
Public Lands Corps Act of 1993 (16 U.S.C. 1721 et seq.).
Of the funds available to the Forest Service, $4,000 is available
to the Chief of the Forest Service for official reception and representation expenses.
Pursuant to sections 405(b) and 410(b) of Public Law 101–
593, of the funds available to the Forest Service, up to $3,000,000
may be advanced in a lump sum to the National Forest Foundation
to aid conservation partnership projects in support of the Forest
Service mission, without regard to when the Foundation incurs
expenses, for projects on or benefitting National Forest System
lands or related to Forest Service programs: Provided, That of
the Federal funds made available to the Foundation, no more than
$300,000 shall be available for administrative expenses: Provided

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1523

further, That the Foundation shall obtain, by the end of the period
of Federal financial assistance, private contributions to match funds
made available by the Forest Service on at least a one-for-one
basis: Provided further, That the Foundation may transfer Federal
funds to a Federal or a non-Federal recipient for a project at
the same rate that the recipient has obtained the non-Federal
matching funds.
Pursuant to section 2(b)(2) of Public Law 98–244, up to
$3,000,000 of the funds available to the Forest Service may be
advanced to the National Fish and Wildlife Foundation in a lump
sum to aid cost-share conservation projects, without regard to when
expenses are incurred, on or benefitting National Forest System
lands or related to Forest Service programs: Provided, That such
funds shall be matched on at least a one-for-one basis by the
Foundation or its sub-recipients: Provided further, That the Foundation may transfer Federal funds to a Federal or non-Federal
recipient for a project at the same rate that the recipient has
obtained the non-Federal matching funds.
Funds appropriated to the Forest Service shall be available
for interactions with and providing technical assistance to rural
communities and natural resource-based businesses for sustainable
rural development purposes.
Funds appropriated to the Forest Service shall be available
for payments to counties within the Columbia River Gorge National
Scenic Area, pursuant to section 14(c)(1) and (2), and section 16(a)(2)
of Public Law 99–663.
Any funds appropriated to the Forest Service may be used
to meet the non-Federal share requirement in section 502(c) of
the Older Americans Act of 1965 (42 U.S.C. 3056(c)(2)).
The Forest Service shall not assess funds for the purpose of
performing fire, administrative, and other facilities maintenance
and decommissioning.
Notwithstanding any other provision of law, of any appropriations or funds available to the Forest Service, not to exceed $500,000
may be used to reimburse the Office of the General Counsel (OGC),
Department of Agriculture, for travel and related expenses incurred
as a result of OGC assistance or participation requested by the
Forest Service at meetings, training sessions, management reviews,
land purchase negotiations, and similar matters unrelated to civil
litigation. Future budget justifications for both the Forest Service
and the Department of Agriculture should clearly display the sums
previously transferred and the sums requested for transfer.
An eligible individual who is employed in any project funded
under title V of the Older Americans Act of 1965 (42 U.S.C. 3056
et seq.) and administered by the Forest Service shall be considered
to be a Federal employee for purposes of chapter 171 of title 28,
United States Code.

Reimbursement.

DEPARTMENT OF HEALTH AND HUMAN SERVICES
INDIAN HEALTH SERVICE

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INDIAN HEALTH SERVICES

For expenses necessary to carry out the Act of August 5, 1954
(68 Stat. 674), the Indian Self-Determination and Education Assistance Act, the Indian Health Care Improvement Act, and titles

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134 STAT. 1524

Allocations.

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Contracts.
Grants.
Time period.
Records.

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PUBLIC LAW 116–260—DEC. 27, 2020

II and III of the Public Health Service Act with respect to the
Indian Health Service, $4,301,391,000 to remain available until
September 30, 2022, except as otherwise provided herein, together
with payments received during the fiscal year pursuant to sections
231(b) and 233 of the Public Health Service Act (42 U.S.C. 238(b)
and 238b), for services furnished by the Indian Health Service:
Provided, That funds made available to tribes and tribal organizations through contracts, grant agreements, or any other agreements
or compacts authorized by the Indian Self-Determination and Education Assistance Act of 1975 (25 U.S.C. 450), shall be deemed
to be obligated at the time of the grant or contract award and
thereafter shall remain available to the tribe or tribal organization
without fiscal year limitation: Provided further, That $2,500,000
shall be available for grants or contracts with public or private
institutions to provide alcohol or drug treatment services to Indians,
including alcohol detoxification services: Provided further, That
$975,856,000 for Purchased/Referred Care, including $53,000,000
for the Indian Catastrophic Health Emergency Fund, shall remain
available until expended: Provided further, That of the funds provided, up to $41,000,000 shall remain available until expended
for implementation of the loan repayment program under section
108 of the Indian Health Care Improvement Act: Provided further,
That of the funds provided, $58,000,000 shall be for costs related
to or resulting from accreditation emergencies, including
supplementing activities funded under the heading ‘‘Indian Health
Facilities,’’ of which up to $4,000,000 may be used to supplement
amounts otherwise available for Purchased/Referred Care: Provided
further, That the amounts collected by the Federal Government
as authorized by sections 104 and 108 of the Indian Health Care
Improvement Act (25 U.S.C. 1613a and 1616a) during the preceding
fiscal year for breach of contracts shall be deposited in the Fund
authorized by section 108A of that Act (25 U.S.C. 1616a–1) and
shall remain available until expended and, notwithstanding section
108A(c) of that Act (25 U.S.C. 1616a–1(c)), funds shall be available
to make new awards under the loan repayment and scholarship
programs under sections 104 and 108 of that Act (25 U.S.C. 1613a
and 1616a): Provided further, That the amounts made available
within this account for the Substance Abuse and Suicide Prevention
Program, for Opioid Prevention, Treatment and Recovery Services,
for the Domestic Violence Prevention Program, for the Zero Suicide
Initiative, for the housing subsidy authority for civilian employees,
for Aftercare Pilot Programs at Youth Regional Treatment Centers,
for transformation and modernization costs of the Indian Health
Service Electronic Health Record system, for national quality and
oversight activities, to improve collections from public and private
insurance at Indian Health Service and tribally operated facilities,
for an initiative to treat or reduce the transmission of HIV and
HCV, for a maternal health initiative, for the Telebehaviorial Health
Center of Excellence, for Alzheimer’s grants, for Village Built Clinics
and for accreditation emergencies shall be allocated at the discretion
of the Director of the Indian Health Service and shall remain
available until expended: Provided further, That funds provided
in this Act may be used for annual contracts and grants that
fall within 2 fiscal years, provided the total obligation is recorded
in the year the funds are appropriated: Provided further, That
the amounts collected by the Secretary of Health and Human Services under the authority of title IV of the Indian Health Care

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1525

Improvement Act (25 U.S.C. 1613) shall remain available until
expended for the purpose of achieving compliance with the
applicable conditions and requirements of titles XVIII and XIX
of the Social Security Act, except for those related to the planning,
design, or construction of new facilities: Provided further, That
funding contained herein for scholarship programs under the Indian
Health Care Improvement Act (25 U.S.C. 1613) shall remain available until expended: Provided further, That amounts received by
tribes and tribal organizations under title IV of the Indian Health
Care Improvement Act shall be reported and accounted for and
available to the receiving tribes and tribal organizations until
expended: Provided further, That the Bureau of Indian Affairs
may collect from the Indian Health Service, and from tribes and
tribal organizations operating health facilities pursuant to Public
Law 93–638, such individually identifiable health information
relating to disabled children as may be necessary for the purpose
of carrying out its functions under the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.): Provided further, That
of the funds provided, $72,280,000 is for the Indian Health Care
Improvement Fund and may be used, as needed, to carry out
activities typically funded under the Indian Health Facilities
account: Provided further, That none of the funds appropriated
by this Act, or any other Act, to the Indian Health Service for
the Electronic Health Record system shall be available for obligation
or expenditure for the selection or implementation of a new Information Technology infrastructure system, unless the Committees on
Appropriations of the House of Representatives and the Senate
are consulted 90 days in advance of such obligation: Provided further, That none of the amounts made available under this heading
to the Indian Health Service for the Electronic Health Record
system shall be available for obligation or expenditure for the
selection or implementation of a new Information Technology Infrastructure system until the report and directive is received by the
Committees on Appropriations of the House of Representatives and
the Senate in accordance with the explanatory statement described
in section 4 (in the matter preceding division A of this consolidated
Act).

Reports.

Consultation.
Time period.

Reports.
Directive.

CONTRACT SUPPORT COSTS

For payments to tribes and tribal organizations for contract
support costs associated with Indian Self-Determination and Education Assistance Act agreements with the Indian Health Service
for fiscal year 2021, such sums as may be necessary: Provided,
That notwithstanding any other provision of law, no amounts made
available under this heading shall be available for transfer to
another budget account: Provided further, That amounts obligated
but not expended by a tribe or tribal organization for contract
support costs for such agreements for the current fiscal year shall
be applied to contract support costs due for such agreements for
subsequent fiscal years.

Applicability.

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PAYMENTS FOR TRIBAL LEASES

For payments to tribes and tribal organizations for leases
pursuant to section 105(l) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5324(l)) for fiscal year 2021,

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134 STAT. 1526

PUBLIC LAW 116–260—DEC. 27, 2020

such sums as may be necessary, which shall be available for obligation through September 30, 2022: Provided, That notwithstanding
any other provision of law, no amounts made available under this
heading shall be available for transfer to another budget account.
INDIAN HEALTH FACILITIES

For construction, repair, maintenance, demolition, improvement, and equipment of health and related auxiliary facilities,
including quarters for personnel; preparation of plans, specifications, and drawings; acquisition of sites, purchase and erection
of modular buildings, and purchases of trailers; and for provision
of domestic and community sanitation facilities for Indians, as
authorized by section 7 of the Act of August 5, 1954 (42 U.S.C.
2004a), the Indian Self-Determination Act, and the Indian Health
Care Improvement Act, and for expenses necessary to carry out
such Acts and titles II and III of the Public Health Service Act
with respect to environmental health and facilities support activities
of the Indian Health Service, $917,888,000 to remain available
until expended: Provided, That notwithstanding any other provision
of law, funds appropriated for the planning, design, construction,
renovation, or expansion of health facilities for the benefit of an
Indian tribe or tribes may be used to purchase land on which
such facilities will be located: Provided further, That not to exceed
$500,000 may be used by the Indian Health Service to purchase
TRANSAM equipment from the Department of Defense for distribution to the Indian Health Service and tribal facilities: Provided
further, That none of the funds appropriated to the Indian Health
Service may be used for sanitation facilities construction for new
homes funded with grants by the housing programs of the United
States Department of Housing and Urban Development.

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ADMINISTRATIVE PROVISIONS—INDIAN HEALTH SERVICE

Appropriations provided in this Act to the Indian Health Service
shall be available for services as authorized by 5 U.S.C. 3109
at rates not to exceed the per diem rate equivalent to the maximum
rate payable for senior-level positions under 5 U.S.C. 5376; hire
of passenger motor vehicles and aircraft; purchase of medical equipment; purchase of reprints; purchase, renovation, and erection of
modular buildings and renovation of existing facilities; payments
for telephone service in private residences in the field, when authorized under regulations approved by the Secretary of Health and
Human Services; uniforms, or allowances therefor as authorized
by 5 U.S.C. 5901–5902; and for expenses of attendance at meetings
that relate to the functions or activities of the Indian Health Service:
Provided, That in accordance with the provisions of the Indian
Health Care Improvement Act, non-Indian patients may be
extended health care at all tribally administered or Indian Health
Service facilities, subject to charges, and the proceeds along with
funds recovered under the Federal Medical Care Recovery Act (42
U.S.C. 2651–2653) shall be credited to the account of the facility
providing the service and shall be available without fiscal year
limitation: Provided further, That notwithstanding any other law
or regulation, funds transferred from the Department of Housing
and Urban Development to the Indian Health Service shall be
administered under Public Law 86–121, the Indian Sanitation
Facilities Act and Public Law 93–638: Provided further, That funds

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1527

appropriated to the Indian Health Service in this Act, except those
used for administrative and program direction purposes, shall not
be subject to limitations directed at curtailing Federal travel and
transportation: Provided further, That none of the funds made
available to the Indian Health Service in this Act shall be used
for any assessments or charges by the Department of Health and
Human Services unless identified in the budget justification and
provided in this Act, or approved by the House and Senate Committees on Appropriations through the reprogramming process: Provided further, That notwithstanding any other provision of law,
funds previously or herein made available to a tribe or tribal
organization through a contract, grant, or agreement authorized
by title I or title V of the Indian Self-Determination and Education
Assistance Act of 1975 (25 U.S.C. 450 et seq.), may be deobligated
and reobligated to a self-determination contract under title I, or
a self-governance agreement under title V of such Act and thereafter
shall remain available to the tribe or tribal organization without
fiscal year limitation: Provided further, That none of the funds
made available to the Indian Health Service in this Act shall
be used to implement the final rule published in the Federal Register on September 16, 1987, by the Department of Health and
Human Services, relating to the eligibility for the health care services of the Indian Health Service until the Indian Health Service
has submitted a budget request reflecting the increased costs associated with the proposed final rule, and such request has been
included in an appropriations Act and enacted into law: Provided
further, That with respect to functions transferred by the Indian
Health Service to tribes or tribal organizations, the Indian Health
Service is authorized to provide goods and services to those entities
on a reimbursable basis, including payments in advance with subsequent adjustment, and the reimbursements received therefrom,
along with the funds received from those entities pursuant to the
Indian Self-Determination Act, may be credited to the same or
subsequent appropriation account from which the funds were originally derived, with such amounts to remain available until
expended: Provided further, That reimbursements for training, technical assistance, or services provided by the Indian Health Service
will contain total costs, including direct, administrative, and overhead costs associated with the provision of goods, services, or technical assistance: Provided further, That the Indian Health Service
may provide to civilian medical personnel serving in hospitals operated by the Indian Health Service housing allowances equivalent
to those that would be provided to members of the Commissioned
Corps of the United States Public Health Service serving in similar
positions at such hospitals: Provided further, That the appropriation
structure for the Indian Health Service may not be altered without
advance notification to the House and Senate Committees on Appropriations.
NATIONAL INSTITUTES

OF

Assessments.

Regulations.
Budget request.

Reimbursements.

Reimbursements.

Notification.

HEALTH

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NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES

For necessary expenses for the National Institute of Environmental Health Sciences in carrying out activities set forth in section
311(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9660(a)) and section

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134 STAT. 1528

PUBLIC LAW 116–260—DEC. 27, 2020

126(g) of the Superfund Amendments and Reauthorization Act of
1986, $81,500,000.
AGENCY

FOR

TOXIC SUBSTANCES

AND

DISEASE REGISTRY

TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH

For necessary expenses for the Agency for Toxic Substances
and Disease Registry (ATSDR) in carrying out activities set forth
in sections 104(i) and 111(c)(4) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA) and
section 3019 of the Solid Waste Disposal Act, $78,000,000: Provided,
That notwithstanding any other provision of law, in lieu of performing a health assessment under section 104(i)(6) of CERCLA,
the Administrator of ATSDR may conduct other appropriate health
studies, evaluations, or activities, including, without limitation, biomedical testing, clinical evaluations, medical monitoring, and
referral to accredited healthcare providers: Provided further, That
in performing any such health assessment or health study, evaluation, or activity, the Administrator of ATSDR shall not be bound
by the deadlines in section 104(i)(6)(A) of CERCLA: Provided further, That none of the funds appropriated under this heading shall
be available for ATSDR to issue in excess of 40 toxicological profiles
pursuant to section 104(i) of CERCLA during fiscal year 2021,
and existing profiles may be updated as necessary.
OTHER RELATED AGENCIES
EXECUTIVE OFFICE

OF THE

PRESIDENT

COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF
ENVIRONMENTAL QUALITY

Appointment.
President.

For necessary expenses to continue functions assigned to the
Council on Environmental Quality and Office of Environmental
Quality pursuant to the National Environmental Policy Act of 1969,
the Environmental Quality Improvement Act of 1970, and Reorganization Plan No. 1 of 1977, and not to exceed $750 for official
reception and representation expenses, $3,500,000: Provided, That
notwithstanding section 202 of the National Environmental Policy
Act of 1970, the Council shall consist of one member, appointed
by the President, by and with the advice and consent of the Senate,
serving as chairman and exercising all powers, functions, and duties
of the Council.
CHEMICAL SAFETY

AND

HAZARD INVESTIGATION BOARD

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SALARIES AND EXPENSES

Career positions.

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For necessary expenses in carrying out activities pursuant to
section 112(r)(6) of the Clean Air Act, including hire of passenger
vehicles, uniforms or allowances therefor, as authorized by 5 U.S.C.
5901–5902, and for services authorized by 5 U.S.C. 3109 but at
rates for individuals not to exceed the per diem equivalent to
the maximum rate payable for senior level positions under 5 U.S.C.
5376, $12,000,000: Provided, That the Chemical Safety and Hazard
Investigation Board (Board) shall have not more than three career

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134 STAT. 1529

Senior Executive Service positions: Provided further, That notwithstanding any other provision of law, the individual appointed to
the position of Inspector General of the Environmental Protection
Agency (EPA) shall, by virtue of such appointment, also hold the
position of Inspector General of the Board: Provided further, That
notwithstanding any other provision of law, the Inspector General
of the Board shall utilize personnel of the Office of Inspector General
of EPA in performing the duties of the Inspector General of the
Board, and shall not appoint any individuals to positions within
the Board.
OFFICE

OF

NAVAJO

AND

5A USC app. 8G
note.

5A USC app. 8G
note.

HOPI INDIAN RELOCATION

SALARIES AND EXPENSES

For necessary expenses of the Office of Navajo and Hopi Indian
Relocation as authorized by Public Law 93–531, $4,000,000, to
remain available until expended: Provided, That funds provided
in this or any other appropriations Act are to be used to relocate
eligible individuals and groups including evictees from District 6,
Hopi-partitioned lands residents, those in significantly substandard
housing, and all others certified as eligible and not included in
the preceding categories: Provided further, That none of the funds
contained in this or any other Act may be used by the Office
of Navajo and Hopi Indian Relocation to evict any single Navajo
or Navajo family who, as of November 30, 1985, was physically
domiciled on the lands partitioned to the Hopi Tribe unless a
new or replacement home is provided for such household: Provided
further, That no relocatee will be provided with more than one
new or replacement home: Provided further, That the Office shall
relocate any certified eligible relocatees who have selected and
received an approved homesite on the Navajo reservation or selected
a replacement residence off the Navajo reservation or on the land
acquired pursuant to section 11 of Public Law 93–531 (88 Stat.
1716).
INSTITUTE

OF

AMERICAN INDIAN AND ALASKA NATIVE CULTURE
ARTS DEVELOPMENT

AND

PAYMENT TO THE INSTITUTE

For payment to the Institute of American Indian and Alaska
Native Culture and Arts Development, as authorized by part A
of title XV of Public Law 99–498 (20 U.S.C. 4411 et seq.),
$10,772,000, which shall become available on July 1, 2021, and
shall remain available until September 30, 2022.
SMITHSONIAN INSTITUTION

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SALARIES AND EXPENSES

For necessary expenses of the Smithsonian Institution, as
authorized by law, including research in the fields of art, science,
and history; development, preservation, and documentation of the
National Collections; presentation of public exhibits and performances; collection, preparation, dissemination, and exchange of
information and publications; conduct of education, training, and
museum assistance programs; maintenance, alteration, operation,

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134 STAT. 1530

District of
Columbia.

District of
Columbia.

Effective date.
Time period.
Reports.

PUBLIC LAW 116–260—DEC. 27, 2020

lease agreements of no more than 30 years, and protection of
buildings, facilities, and approaches; not to exceed $100,000 for
services as authorized by 5 U.S.C. 3109; and purchase, rental,
repair, and cleaning of uniforms for employees, $818,192,000, to
remain available until September 30, 2022, except as otherwise
provided herein; of which not to exceed $6,957,000 for the
instrumentation program, collections acquisition, exhibition reinstallation, and the repatriation of skeletal remains program shall
remain available until expended; and including such funds as may
be necessary to support American overseas research centers: Provided, That funds appropriated herein are available for advance
payments to independent contractors performing research services
or participating in official Smithsonian presentations: Provided further, That the Smithsonian Institution may expend Federal appropriations designated in this Act for lease or rent payments, as
rent payable to the Smithsonian Institution, and such rent payments may be deposited into the general trust funds of the Institution to be available as trust funds for expenses associated with
the purchase of a portion of the building at 600 Maryland Avenue,
SW, Washington, DC, to the extent that federally supported activities will be housed there: Provided further, That the use of such
amounts in the general trust funds of the Institution for such
purpose shall not be construed as Federal debt service for, a Federal
guarantee of, a transfer of risk to, or an obligation of the Federal
Government: Provided further, That no appropriated funds may
be used directly to service debt which is incurred to finance the
costs of acquiring a portion of the building at 600 Maryland Avenue,
SW, Washington, DC, or of planning, designing, and constructing
improvements to such building: Provided further, That any agreement entered into by the Smithsonian Institution for the sale of
its ownership interest, or any portion thereof, in such building
so acquired may not take effect until the expiration of a 30 day
period which begins on the date on which the Secretary of the
Smithsonian submits to the Committees on Appropriations of the
House of Representatives and Senate, the Committees on House
Administration and Transportation and Infrastructure of the House
of Representatives, and the Committee on Rules and Administration
of the Senate a report, as outlined in the explanatory statement
described in section 4 of the Further Consolidated Appropriations
Act, 2020 (Public Law 116–94; 133 Stat. 2536) on the intended
sale.
FACILITIES CAPITAL

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For necessary expenses of repair, revitalization, and alteration
of facilities owned or occupied by the Smithsonian Institution, by
contract or otherwise, as authorized by section 2 of the Act of
August 22, 1949 (63 Stat. 623), and for construction, including
necessary personnel, $214,530,000, to remain available until
expended, of which not to exceed $10,000 shall be for services
as authorized by 5 U.S.C. 3109.

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PUBLIC LAW 116–260—DEC. 27, 2020
NATIONAL GALLERY

OF

134 STAT. 1531

ART

SALARIES AND EXPENSES

For the upkeep and operations of the National Gallery of Art,
the protection and care of the works of art therein, and administrative expenses incident thereto, as authorized by the Act of March
24, 1937 (50 Stat. 51), as amended by the public resolution of
April 13, 1939 (Public Resolution 9, 76th Congress), including services as authorized by 5 U.S.C. 3109; payment in advance when
authorized by the treasurer of the Gallery for membership in
library, museum, and art associations or societies whose publications or services are available to members only, or to members
at a price lower than to the general public; purchase, repair, and
cleaning of uniforms for guards, and uniforms, or allowances
therefor, for other employees as authorized by law (5 U.S.C. 5901–
5902); purchase or rental of devices and services for protecting
buildings and contents thereof, and maintenance, alteration,
improvement, and repair of buildings, approaches, and grounds;
and purchase of services for restoration and repair of works of
art for the National Gallery of Art by contracts made, without
advertising, with individuals, firms, or organizations at such rates
or prices and under such terms and conditions as the Gallery
may deem proper, $153,242,000, to remain available until September 30, 2022, of which not to exceed $3,700,000 for the special
exhibition program shall remain available until expended.
REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

For necessary expenses of repair, restoration, and renovation
of buildings, grounds and facilities owned or occupied by the
National Gallery of Art, by contract or otherwise, for operating
lease agreements of no more than 10 years, with no extensions
or renewals beyond the 10 years, that address space needs created
by the ongoing renovations in the Master Facilities Plan, as authorized, $23,203,000, to remain available until expended: Provided,
That of this amount, $1,510,000 shall be available for design of
an off-site art storage facility in partnership with the Smithsonian
Institution: Provided further, That contracts awarded for environmental systems, protection systems, and exterior repair or renovation of buildings of the National Gallery of Art may be negotiated
with selected contractors and awarded on the basis of contractor
qualifications as well as price.
JOHN F. KENNEDY CENTER

FOR THE

PERFORMING ARTS

OPERATIONS AND MAINTENANCE

For necessary expenses for the operation, maintenance, and
security of the John F. Kennedy Center for the Performing Arts,
$26,400,000, to remain available until September, 30, 2022.

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CAPITAL REPAIR AND RESTORATION

For necessary expenses for capital repair and restoration of
the existing features of the building and site of the John F. Kennedy
Center for the Performing Arts, $14,000,000, to remain available
until expended.

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134 STAT. 1532

PUBLIC LAW 116–260—DEC. 27, 2020
WOODROW WILSON INTERNATIONAL CENTER

FOR

SCHOLARS

SALARIES AND EXPENSES

For expenses necessary in carrying out the provisions of the
Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including
hire of passenger vehicles and services as authorized by 5 U.S.C.
3109, $14,000,000, to remain available until September 30, 2022.
NATIONAL FOUNDATION

ON THE

ARTS

NATIONAL ENDOWMENT

AND THE

FOR THE

HUMANITIES

ARTS

GRANTS AND ADMINISTRATION

For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, $167,500,000 shall
be available to the National Endowment for the Arts for the support
of projects and productions in the arts, including arts education
and public outreach activities, through assistance to organizations
and individuals pursuant to section 5 of the Act, for program
support, and for administering the functions of the Act, to remain
available until expended.
NATIONAL ENDOWMENT

FOR THE

HUMANITIES

GRANTS AND ADMINISTRATION

For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, $167,500,000 to
remain available until expended, of which $152,500,000 shall be
available for support of activities in the humanities, pursuant to
section 7(c) of the Act and for administering the functions of the
Act; and $15,000,000 shall be available to carry out the matching
grants program pursuant to section 10(a)(2) of the Act, including
$13,000,000 for the purposes of section 7(h): Provided, That appropriations for carrying out section 10(a)(2) shall be available for
obligation only in such amounts as may be equal to the total
amounts of gifts, bequests, devises of money, and other property
accepted by the chairman or by grantees of the National Endowment
for the Humanities under the provisions of sections 11(a)(2)(B)
and 11(a)(3)(B) during the current and preceding fiscal years for
which equal amounts have not previously been appropriated.

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ADMINISTRATIVE PROVISIONS
None of the funds appropriated to the National Foundation
on the Arts and the Humanities may be used to process any grant
or contract documents which do not include the text of 18 U.S.C.
1913: Provided, That none of the funds appropriated to the National
Foundation on the Arts and the Humanities may be used for official
reception and representation expenses: Provided further, That funds
from nonappropriated sources may be used as necessary for official
reception and representation expenses: Provided further, That the
Chairperson of the National Endowment for the Arts may approve
grants of up to $10,000, if in the aggregate the amount of such
grants does not exceed 5 percent of the sums appropriated for
grantmaking purposes per year: Provided further, That such small

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1533

grant actions are taken pursuant to the terms of an expressed
and direct delegation of authority from the National Council on
the Arts to the Chairperson.
COMMISSION

OF

FINE ARTS

SALARIES AND EXPENSES

For expenses of the Commission of Fine Arts under chapter
91 of title 40, United States Code, $3,240,000: Provided, That the
Commission is authorized to charge fees to cover the full costs
of its publications, and such fees shall be credited to this account
as an offsetting collection, to remain available until expended without further appropriation: Provided further, That the Commission
is authorized to accept gifts, including objects, papers, artwork,
drawings and artifacts, that pertain to the history and design
of the Nation’s Capital or the history and activities of the Commission of Fine Arts, for the purpose of artistic display, study, or
education: Provided further, That one-tenth of one percent of the
funds provided under this heading may be used for official reception
and representation expenses.

Fees.

NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

For necessary expenses as authorized by Public Law 99–190
(20 U.S.C. 956a), $5,000,000.
ADVISORY COUNCIL

ON

HISTORIC PRESERVATION

SALARIES AND EXPENSES

For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89–665), $7,400,000.
NATIONAL CAPITAL PLANNING COMMISSION
SALARIES AND EXPENSES

For necessary expenses of the National Capital Planning
Commission under chapter 87 of title 40, United States Code,
including services as authorized by 5 U.S.C. 3109, $8,124,000: Provided, That one-quarter of 1 percent of the funds provided under
this heading may be used for official reception and representational
expenses associated with hosting international visitors engaged in
the planning and physical development of world capitals.
UNITED STATES HOLOCAUST MEMORIAL MUSEUM

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HOLOCAUST MEMORIAL MUSEUM

For expenses of the Holocaust Memorial Museum, as authorized
by Public Law 106–292 (36 U.S.C. 2301–2310), $61,388,000, of
which $715,000 shall remain available until September 30, 2023,
for the Museum’s equipment replacement program; and of which
$3,000,000 for the Museum’s repair and rehabilitation program
and $1,264,000 for the Museum’s outreach initiatives program shall
remain available until expended.

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134 STAT. 1534

PUBLIC LAW 116–260—DEC. 27, 2020
PRESIDIO TRUST

The Presidio Trust is authorized to issue obligations to the
Secretary of the Treasury pursuant to section 104(d)(3) of the Omnibus Parks and Public Lands Management Act of 1996 (Public Law
104–333), in an amount not to exceed $20,000,000.
DWIGHT D. EISENHOWER MEMORIAL COMMISSION
SALARIES AND EXPENSES

For necessary expenses of the Dwight D. Eisenhower Memorial
Commission, $1,000,000, to remain available until expended.
WORLD WAR I CENTENNIAL COMMISSION
SALARIES AND EXPENSES

Notwithstanding section 9 of the World War I Centennial
Commission Act, as authorized by the World War I Centennial
Commission Act (Public Law 112–272) and the Carl Levin and
Howard P. ‘‘Buck’’ McKeon National Defense Authorization Act
for Fiscal Year 2015 (Public Law 113–291), for necessary expenses
of the World War I Centennial Commission, $7,000,000, to remain
available until September 30, 2022: Provided, That in addition
to the authority provided by section 6(g) of such Act, the World
War I Commission may accept money, in-kind personnel services,
contractual support, or any appropriate support from any executive
branch agency for activities of the Commission.
ALYCE SPOTTED BEAR AND WALTER SOBOLEFF COMMISSION ON
NATIVE CHILDREN

For necessary expenses of the Alyce Spotted Bear and Walter
Soboleff Commission on Native Children (referred to in this paragraph as the ‘‘Commission’’), $500,000, to remain available until
September 30, 2022: Provided, That in addition to the authority
provided by section 3(g)(5) and 3(h) of Public Law 114–244, the
Commission may hereafter accept in-kind personnel services,
contractual support, or any appropriate support from any executive
branch agency for activities of the Commission.
TITLE IV
GENERAL PROVISIONS
(INCLUDING TRANSFERS OF FUNDS)
RESTRICTION ON USE OF FUNDS

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Lobbying.

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SEC. 401. 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.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1535

OBLIGATION OF APPROPRIATIONS

SEC. 402. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
DISCLOSURE OF ADMINISTRATIVE EXPENSES

SEC. 403. 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.

Budget
estimates.

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MINING APPLICATIONS

SEC. 404. (a) LIMITATION OF FUNDS.—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.
(b) EXCEPTIONS.—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.
(c) REPORT.—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).
(d) MINERAL EXAMINATIONS.—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.

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Patents and
trademarks.

Determination.

PUBL260A

134 STAT. 1536

PUBLIC LAW 116–260—DEC. 27, 2020
CONTRACT SUPPORT COSTS, PRIOR YEAR LIMITATION

Extension.

SEC. 405. 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.
CONTRACT SUPPORT COSTS, FISCAL YEAR 2021 LIMITATION

SEC. 406. 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 selfgovernance 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.
FOREST MANAGEMENT PLANS

16 USC 1604
note.

SEC. 407. 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.
PROHIBITION WITHIN NATIONAL MONUMENTS

SEC. 408. 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.

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LIMITATION ON TAKINGS

SEC. 409. 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

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1537

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.
PROHIBITION ON NO-BID CONTRACTS

SEC. 410. 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—
(1) 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;
(2) 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
(3) such contract was awarded prior to the date of enactment of this Act.
POSTING OF REPORTS

SEC. 411. (a) 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.
(b) Subsection (a) shall not apply to a report if—
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) 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.

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NATIONAL ENDOWMENT FOR THE ARTS GRANT GUIDELINES

SEC. 412. Of the funds provided to the National Endowment
for the Arts—
(1) 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.
(2) 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.
(3) 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.

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134 STAT. 1538

PUBLIC LAW 116–260—DEC. 27, 2020
NATIONAL ENDOWMENT FOR THE ARTS PROGRAM PRIORITIES

Definitions.

Reports.

SEC. 413. (a) 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.
(b) In this section:
(1) 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.
(2) 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.
(c) 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.
(d) With funds appropriated by this Act to carry out section
5 of the National Foundation on the Arts and Humanities Act
of 1965—
(1) 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;
(2) 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);
(3) 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
(4) the Chairperson shall encourage the use of grants to
improve and support community-based music performance and
education.

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NATIONAL ENDOWMENT FOR THE ARTS WAIVERS

SEC. 414. 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.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1539

NATIONAL ENDOWMENT FOR THE HUMANITIES WAIVERS

SEC. 415. 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.
STATUS OF BALANCES OF APPROPRIATIONS

SEC. 416. 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.

Time period.
Reports.

EXTENSION OF GRAZING PERMITS

SEC. 417. 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.
FUNDING PROHIBITION

SEC. 418. (a) 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.
(b) 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.

Pornography.

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HUMANE TRANSFER AND TREATMENT OF ANIMALS

SEC. 419. (a) 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.
(b) The Secretary concerned may make a transfer under subsection (a) immediately on the request of a Federal, State, or
local government agency.
(c) 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)).

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Wild horses and
burros.

PUBL260A

134 STAT. 1540

PUBLIC LAW 116–260—DEC. 27, 2020

(d) A Federal, State, or local government agency receiving an
excess wild horse or burro pursuant to subsection (a) shall not—
(1) destroy the horse or burro in a manner that results
in the destruction of the horse or burro into a commercial
product;
(2) 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
(3) euthanize the horse or burro, except on the recommendation of a licensed veterinarian in a case of severe
injury, illness, or advanced age.
(e) Amounts appropriated by this Act shall not be available
for—
(1) the destruction of any healthy, unadopted, and wild
horse or burro under the jurisdiction of the Secretary concerned
(including a contractor); or
(2) 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.
FOREST SERVICE FACILITY REALIGNMENT AND ENHANCEMENT
AUTHORIZATION EXTENSION

Applicability.
16 USC 580d
note.

SEC. 420. 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, 2019’’.
USE OF AMERICAN IRON AND STEEL

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Definition.

Public
information.
Records.
Time period.

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SEC. 421. (a)(1) 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.
(2) 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.
(b) 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—
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron and steel products are not produced in the United
States in sufficient and reasonably available quantities and
of a satisfactory quality; or
(3) inclusion of iron and steel products produced in the
United States will increase the cost of the overall project by
more than 25 percent.
(c) 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

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1541

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.
(d) This section shall be applied in a manner consistent with
United States obligations under international agreements.
(e) 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.

Web posting.

Applicability.

LOCAL COOPERATOR TRAINING AGREEMENTS AND TRANSFERS OF
EXCESS EQUIPMENT AND SUPPLIES FOR WILDFIRES

SEC. 422. 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.

Grants.

RECREATION FEES

SEC. 423. 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’’.

Applicability.
16 USC 6809
note.

REPROGRAMMING GUIDELINES

SEC. 424. 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).

Advance
approval.

LOCAL CONTRACTORS

SEC. 425. Section 412 of division E of Public Law 112–74
shall be applied by substituting ‘‘fiscal year 2021’’ for ‘‘fiscal year
2019’’.

Applicability.

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SHASTA-TRINITY MARINA FEE AUTHORITY AUTHORIZATION EXTENSION

SEC. 426. 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’’.

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Applicability.

PUBL260A

134 STAT. 1542

PUBLIC LAW 116–260—DEC. 27, 2020
INTERPRETIVE ASSOCIATION AUTHORIZATION EXTENSION

Applicability.
16 USC 565a–1
note.

SEC. 427. 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’’.
PUERTO RICO SCHOOLING AUTHORIZATION EXTENSION

SEC. 428. 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’’.

Applicability.

FOREST BOTANICAL PRODUCTS FEE COLLECTION AUTHORIZATION
EXTENSION

Applicability.
16 USC 528 note.

SEC. 429. 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’’.
CHACO CANYON

SEC. 430. None of the funds made available by this Act may
be used to accept a nomination for oil and gas leasing under
43 CFR 3120.3 et seq, or to offer for oil and gas leasing, any
Federal lands 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, prior to
the completion of the cultural resources investigation identified
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
TRIBAL LEASES

Effective date.

Consultation.

SEC. 431. (a) 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 commence no earlier than the date of receipt
of the lease proposal.
(b) The Secretaries of the Interior and Health and Human
Services shall, jointly or separately, during fiscal year 2021 consult
with tribes and tribal organizations through public solicitation and
other means regarding the requirements for leases under section
105(l) of the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 5324(l)) on how to implement a consistent and
transparent process for the payment of such leases.

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RESOURCE STUDY OF SPRINGFIELD RACE RIOT

SEC. 432. (a) DEFINITIONS.—In this section:
(1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(2) STUDY AREA.—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.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1543

(b) SPECIAL RESOURCE STUDY.—
(1) STUDY.—The Secretary shall conduct a special resource
study of the study area.
(2) CONTENTS.—In conducting the study under paragraph
(1), the Secretary shall—
(A) evaluate the national significance of the study area;
(B) determine the suitability and feasibility of designating the study area as a unit of the National Park
System;
(C) 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;
(D) consult with interested Federal agencies, State or
local governmental entities, private and nonprofit organizations, or any other interested individuals; and
(E) identify cost estimates for any Federal acquisition,
development, interpretation, operation, and maintenance
associated with the alternatives.
(3) APPLICABLE LAW.—The study required under paragraph
(1) shall be conducted in accordance with section 100507 of
title 54, United States Code.
(4) REPORT.—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—
(A) the results of the study; and
(B) any conclusions and recommendations of the Secretary.

Evaluation.
Determination.

Consultation.

Cost estimates.

Recommendations.

FOREST ECOSYSTEM RECOVERY AND HEALTH FUND

SEC. 433. The authority provided under the heading ‘‘Forest
Ecosystem Health and Recovery Fund’’ in title I of Public Law
111–88, as amended by section 117 of division F of Public Law
113–235, shall be applied by substituting ‘‘fiscal year 2021’’ for
‘‘fiscal year 2020’’ each place it appears.

Applicability.

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ALLOCATION OF PROJECTS

SEC. 434. (a)(1) Within 45 days of enactment of this Act, the
Secretary of the Interior shall allocate amounts available from
the National Parks and Public Land Legacy Restoration Fund for
fiscal year 2021 pursuant to subsection (c) of section 200402 of
title 54, United States Code, and as provided in subsection (e)
of such section of such title, to the agencies of the Department
of the Interior and the Department of Agriculture specified, in
the amounts specified, and for the projects and activities specified
in the table titled ‘‘Allocation of Funds from the National Parks
and Public Land Legacy Restoration Fund—Fiscal Year 2021’’ in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
(2) Within 30 days of enactment of this Act, the Secretary
of the Interior shall submit to the Committees on Appropriations
of the House of Representatives and the Senate project data sheets
in the same format and containing the same level of detailed

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Deadlines.
Time periods.

Data sheets.

PUBL260A

134 STAT. 1544

Lists.

Data sheets.

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Consultation.
Reports.

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PUBLIC LAW 116–260—DEC. 27, 2020

information that is found on such sheets in the Budget Justifications
annually submitted by the Department of the Interior with the
President’s Budget for the Department of the Interior projects specified pursuant to the allocation in subsection (a)(1) and, only 45
days after submission of such sheets, shall the Secretary of the
Interior be permitted to obligate amounts that are allocated pursuant to subsection (a)(1).
(3) Within 30 days of enactment of this Act, the Secretary
of Agriculture shall submit to the Committees on Appropriations
of the House of Representatives and the Senate full detailed project
lists that must include a project description, as well as information
on region, forest or grassland name, project name, State, Congressional district, fiscal year 2021 non-transportation needed funds,
fiscal year 2021 transportation needed funds, and asset type for
the Department of Agriculture projects specified pursuant to the
allocation in subsection (a)(1) and, only 45 days after submission
of such lists, shall the Secretary of Agriculture be permitted to
obligate amounts that are allocated pursuant to subsection (a)(1).
(b)(1) Within 45 days of enactment of this Act, the Secretary
of the Interior and the Secretary of Agriculture, as appropriate,
shall allocate amounts made available for expenditure from the
Land and Water Conservation Fund for fiscal year 2021 pursuant
to subsection (a) of section 200303 of title 54, United States Code,
to the agencies and accounts specified, in the amounts specified,
and for the projects and activities specified in the table titled
‘‘Allocation of Funds from the Land and Water Conservation Fund—
Fiscal Year 2021’’ in the explanatory statement described in section
4 (in the matter preceding division A of this consolidated Act).
(2) Within 30 days of enactment of this Act, the Secretary
of the Interior and the Secretary of Agriculture shall each submit
to the Committees on Appropriations of the House of Representatives and the Senate project data sheets in the same format and
containing the same level of detailed information that is found
on such sheets as submitted to the Committees pursuant to section
427 of division D of the Further Consolidated Appropriations Act,
2020 (Public Law 116-94) for the projects specified pursuant to
the allocation in subsection (b)(1) and, only 45 days after submission
of such sheets, shall the Secretary of the Interior and the Secretary
of Agriculture, as appropriate, be permitted to obligate amounts
that are allocated pursuant to subsection (b)(1).
(c)(1) Neither the President nor his designee may allocate any
amounts that are made available for any fiscal year under subsection (c) of section 200402 of title 54, United States Code, or
subsection (a) of section 200303 of title 54, United States Code,
other than amounts that are allocated by subsections (a) and (b)
of this section of this Act.
(2) If any funds made available by section 200402(c) or section
200303(a) of title 54, United States Code, were allocated or obligated
in advance of the enactment of a fiscal year 2021 Act making
full-year appropriations for the Department of the Interior, Environment, and Related Agencies, then within 30 days of enactment
of this Act, the Office of Management and Budget, in consultation
with the Department of the Interior and the Department of Agriculture, shall submit to the Committees on Appropriations of the
House of Representatives and the Senate a report from the General
Counsel analyzing how the authority in section 200402 and in
section 200303 of title 54, United States Code, permitted the

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1545

Administration to allocate funding for projects for a fiscal year
pursuant those sections, particularly the language in sections
200402(i) and 200303(c)(2), in advance of the date of enactment
of such fiscal year 2021 Act.
(d)(1) Concurrent with the annual budget submission of the
President for fiscal year 2022, the Secretary of the Interior and
the Secretary of Agriculture shall each submit to the Committees
on Appropriations of the House of Representatives and the Senate
a list of supplementary allocations for Federal land acquisition
and Forest Legacy projects at the National Park Service, the U.S.
Fish and Wildlife Service, the Bureau of Land Management, and
the U.S. Forest Service that are in addition to the ‘‘Submission
of Cost Estimates’’ required by section 200303(c)(1) of title 54,
United States Code, that are prioritized and detailed by account,
program, and project, and that total no less than half the full
amount allocated to each account for that land management Agency
under the allocations submitted under section 200303(c)(1) of title
54, United States Code.
(2) The Federal land acquisition and Forest Legacy projects
in the ‘‘Submission of Cost Estimates’’ required by section
200303(c)(1) of title 54, United States Code, and on the list of
supplementary allocations required by paragraph (1) shall be comprised only of projects for which a willing seller has been identified
and for which an appraisal or market research has been initiated.
(3) Concurrent with the annual budget submission of the President for fiscal year 2022, the Secretary of the Interior and the
Secretary of Agriculture shall each submit to the Committees on
Appropriations of the House of Representatives and the Senate
project data sheets in the same format and containing the same
level of detailed information that is found on such sheets in the
Budget Justifications annually submitted by the Department of
the Interior with the President’s Budget for the projects in the
‘‘Submission of Cost Estimates’’ required by section 200303(c)(1)
of title 54, United States Code, and in the same format and containing the same level of detailed information that is found on
such sheets submitted to the Committees pursuant to section 427
of division D of the Further Consolidated Appropriations Act, 2020
(Public Law 116-94) for the list of supplementary allocations
required by paragraph (1), and for the projects in the ‘‘Submission
of Annual List of Projects to Congress’’ required by section 200402(h)
of title 54, United States Code.
(e) The Department of the Interior and the Department of
Agriculture shall provide the Committees on Appropriations of the
House of Representatives and Senate quarterly reports on the status
of balances for amounts allocated pursuant to subsections (a)(1)
and (b)(1) of this section, including all uncommitted, committed,
and unobligated funds.
(f) Expenditures made or obligations incurred under the
heading ‘‘United States Fish and Wildlife Service—Land Acquisition’’ and for the Appraisal and Valuation Services Office under
the heading ‘‘Departmental Offices—Office of the Secretary—
Departmental Operations’’ pursuant to the Continuing Appropriations Act, 2021 (Public Law 116–159) shall be charged to the
applicable appropriation, account allocation, fund, or authorization
pursuant to section 200303 of title 54, United States Code.

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Lists.

Data sheets.

Time period.
Reports.

PUBL260A

134 STAT. 1546

PUBLIC LAW 116–260—DEC. 27, 2020
TIMBER SALE REQUIREMENTS

Alaska.

SEC. 435. No timber sale in Alaska’s Region 10 shall be advertised if the indicated rate is deficit (defined as the value of the
timber is not sufficient to cover all logging and stumpage costs
and provide a normal profit and risk allowance under the Forest
Service’s appraisal process) when appraised using a residual value
appraisal. The western red cedar timber from those sales which
is surplus to the needs of the domestic processors in Alaska, shall
be made available to domestic processors in the contiguous 48
United States at prevailing domestic prices. All additional western
red cedar volume not sold to Alaska or contiguous 48 United States
domestic processors may be exported to foreign markets at the
election of the timber sale holder. All Alaska yellow cedar may
be sold at prevailing export prices at the election of the timber
sale holder.
PROHIBITION ON USE OF FUNDS

SEC. 436. Notwithstanding any other provision of law, none
of the funds made available in this Act or any other Act may
be used to promulgate or implement any regulation requiring the
issuance of permits under title V of the Clean Air Act (42 U.S.C.
7661 et seq.) for carbon dioxide, nitrous oxide, water vapor, or
methane emissions resulting from biological processes associated
with livestock production.
GREENHOUSE GAS REPORTING RESTRICTIONS

SEC. 437. Notwithstanding any other provision of law, none
of the funds made available in this or any other Act may be
used to implement any provision in a rule, if that provision requires
mandatory reporting of greenhouse gas emissions from manure
management systems.
FUNDING PROHIBITION

SEC. 438. None of the funds made available by this or any
other Act may be used to regulate the lead content of ammunition,
ammunition components, or fishing tackle under the Toxic Substances Control Act (15 U.S.C. 2601 et seq.) or any other law.

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POLICIES RELATING TO BIOMASS ENERGY

SEC. 439. To support the key role that forests in the United
States can play in addressing the energy needs of the United
States, the Secretary of Energy, the Secretary of Agriculture, and
the Administrator of the Environmental Protection Agency shall,
consistent with their missions, jointly—
(1) ensure that Federal policy relating to forest bioenergy—
(A) is consistent across all Federal departments and
agencies; and
(B) recognizes the full benefits of the use of forest
biomass for energy, conservation, and responsible forest
management; and
(2) establish clear and simple policies for the use of forest
biomass as an energy solution, including policies that—

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1547

(A) reflect the carbon-neutrality of forest bioenergy
and recognize biomass as a renewable energy source, provided the use of forest biomass for energy production does
not cause conversion of forests to non-forest use;
(B) encourage private investment throughout the forest
biomass supply chain, including in—
(i) working forests;
(ii) harvesting operations;
(iii) forest improvement operations;
(iv) forest bioenergy production;
(v) wood products manufacturing; or
(vi) paper manufacturing;
(C) encourage forest management to improve forest
health; and
(D) recognize State initiatives to produce and use forest
biomass.
SMALL REMOTE INCINERATORS

SEC. 440. None of the funds made available in this Act may
be used to implement or enforce the regulation issued on March
21, 2011 at 40 CFR part 60 subparts CCCC and DDDD with
respect to units in the State of Alaska that are defined as ‘‘small,
remote incinerator’’ units in those regulations and, until a subsequent regulation is issued, the Administrator shall implement the
law and regulations in effect prior to such date.
This division may be cited as the ‘‘Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2021’’.

Regulations.
Alaska.

DIVISION H—DEPARTMENTS OF LABOR, HEALTH AND
HUMAN SERVICES, AND EDUCATION, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2021

Departments of
Labor, Health
and Human
Services, and
Education, and
Related Agencies
Appropriations
Act, 2021.
Department of
Labor
Appropriations
Act, 2021.
Time period.

TITLE I
DEPARTMENT OF LABOR
EMPLOYMENT

AND

TRAINING ADMINISTRATION

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TRAINING AND EMPLOYMENT SERVICES

For necessary expenses of the Workforce Innovation and Opportunity Act (referred to in this Act as ‘‘WIOA’’) and the National
Apprenticeship Act, $3,663,200,000, plus reimbursements, shall be
available. Of the amounts provided:
(1) for grants to States for adult employment and training
activities, youth activities, and dislocated worker employment
and training activities, $2,845,332,000 as follows:
(A) $862,649,000 for adult employment and training
activities, of which $150,649,000 shall be available for the
period July 1, 2021 through June 30, 2022, and of which
$712,000,000 shall be available for the period October 1,
2021 through June 30, 2022;
(B) $921,130,000 for youth activities, which shall be
available for the period April 1, 2021 through June 30,
2022; and
(C) $1,061,553,000 for dislocated worker employment
and training activities, of which $201,553,000 shall be

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134 STAT. 1548

Coordination.

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Requirements.

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PUBLIC LAW 116–260—DEC. 27, 2020
available for the period July 1, 2021 through June 30,
2022, and of which $860,000,000 shall be available for
the period October 1, 2021 through June 30, 2022:
Provided, That the funds available for allotment to outlying
areas to carry out subtitle B of title I of the WIOA shall
not be subject to the requirements of section 127(b)(1)(B)(ii)
of such Act; and
(2) for national programs, $817,868,000 as follows:
(A) $280,859,000 for the dislocated workers assistance
national reserve, of which $80,859,000 shall be available
for the period July 1, 2021 through September 30, 2022,
and of which $200,000,000 shall be available for the period
October 1, 2021 through September 30, 2022: Provided,
That funds provided to carry out section 132(a)(2)(A) of
the WIOA may be used to provide assistance to a State
for statewide or local use in order to address cases where
there have been worker dislocations across multiple sectors
or across multiple local areas and such workers remain
dislocated; coordinate the State workforce development
plan with emerging economic development needs; and train
such eligible dislocated workers: Provided further, That
funds provided to carry out sections 168(b) and 169(c) of
the WIOA may be used for technical assistance and demonstration projects, respectively, that provide assistance
to new entrants in the workforce and incumbent workers:
Provided further, That notwithstanding section 168(b) of
the WIOA, of the funds provided under this subparagraph,
the Secretary of Labor (referred to in this title as ‘‘Secretary’’) may reserve not more than 10 percent of such
funds to provide technical assistance and carry out additional activities related to the transition to the WIOA:
Provided further, That of the funds provided under this
subparagraph, $80,000,000 shall be for training and
employment assistance under sections 168(b), 169(c) (notwithstanding the 10 percent limitation in such section)
and 170 of the WIOA as follows:
(i) $35,000,000 shall be for workers in the Appalachian region, as defined by 40 U.S.C. 14102(a)(1)
and workers in the Lower Mississippi, as defined in
section 4(2) of the Delta Development Act (Public Law
100–460, 102 Stat. 2246; 7 U.S.C. 2009aa(2));
(ii) $45,000,000 shall be for the purpose of developing, offering, or improving educational or career
training programs at community colleges, defined as
public institutions of higher education, as described
in section 101(a) of the Higher Education Act of 1965
and at which the associate’s degree is primarily the
highest degree awarded, with other eligible institutions
of higher education, as defined in section 101(a) of
the Higher Education Act of 1965, eligible to participate through consortia, with community colleges as
the lead grantee: Provided, That the Secretary shall
follow the requirements for the program in House
Report 116–62 and in the explanatory statement
accompanying this Act: Provided further, That any
grant funds used for apprenticeships shall be used
to support only apprenticeship programs registered

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1549

under the National Apprenticeship Act and as referred
to in section 3(7)(B) of the WIOA;
(B) $55,500,000 for Native American programs under
section 166 of the WIOA, which shall be available for
the period July 1, 2021 through June 30, 2022;
(C) $93,896,000 for migrant and seasonal farmworker
programs under section 167 of the WIOA, including
$87,083,000 for formula grants (of which not less than
70 percent shall be for employment and training services),
$6,256,000 for migrant and seasonal housing (of which
not less than 70 percent shall be for permanent housing),
and $557,000 for other discretionary purposes, which shall
be available for the period April 1, 2021 through June
30, 2022: Provided, That notwithstanding any other provision of law or related regulation, the Department of Labor
shall take no action limiting the number or proportion
of eligible participants receiving related assistance services
or discouraging grantees from providing such services: Provided further, That notwithstanding the definition of
‘‘eligible seasonal farmworker’’ in section 167(i)(3)(A) of
the WIOA relating to an individual being ‘‘low-income’’,
an individual is eligible for migrant and seasonal farmworker programs under section 167 of the WIOA under
that definition if, in addition to meeting the requirements
of clauses (i) and (ii) of section 167(i)(3)(A), such individual
is a member of a family with a total family income equal
to or less than 150 percent of the poverty line;
(D) $96,534,000 for YouthBuild activities as described
in section 171 of the WIOA, which shall be available for
the period April 1, 2021 through June 30, 2022;
(E) $100,079,000 for ex-offender activities, under the
authority of section 169 of the WIOA, which shall be available for the period April 1, 2021 through June 30, 2022:
Provided, That of this amount, $25,000,000 shall be for
competitive grants to national and regional intermediaries
for activities that prepare for employment young adults
with criminal records, young adults who have been justice
system-involved, or young adults who have dropped out
of school or other educational programs, with a priority
for projects serving high-crime, high-poverty areas;
(F) $6,000,000 for the Workforce Data Quality Initiative, under the authority of section 169 of the WIOA, which
shall be available for the period July 1, 2021 through
June 30, 2022; and
(G) $185,000,000 to expand opportunities through
apprenticeships only registered under the National
Apprenticeship Act and as referred to in section 3(7)(B)
of the WIOA, to be available to the Secretary to carry
out activities through grants, cooperative agreements, contracts and other arrangements, with States and other
appropriate entities, including equity intermediaries and
business and labor industry partner intermediaries, which
shall be available for the period July 1, 2021 through
June 30, 2022.

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Grants.

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134 STAT. 1550

PUBLIC LAW 116–260—DEC. 27, 2020
JOB CORPS
(INCLUDING TRANSFER OF FUNDS)

Termination
date.
Notification.

To carry out subtitle C of title I of the WIOA, including Federal
administrative expenses, the purchase and hire of passenger motor
vehicles, the construction, alteration, and repairs of buildings and
other facilities, and the purchase of real property for training centers as authorized by the WIOA, $1,748,655,000, plus reimbursements, as follows:
(1) $1,603,325,000 for Job Corps Operations, which shall
be available for the period July 1, 2021 through June 30,
2022;
(2) $113,000,000 for construction, rehabilitation and
acquisition of Job Corps Centers, which shall be available for
the period July 1, 2021 through June 30, 2024, and which
may include the acquisition, maintenance, and repair of major
items of equipment: Provided, That the Secretary may transfer
up to 15 percent of such funds to meet the operational needs
of such centers or to achieve administrative efficiencies: Provided further, That any funds transferred pursuant to the preceding provision shall not be available for obligation after June
30, 2022: Provided further, That the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of any transfer; and
(3) $32,330,000 for necessary expenses of Job Corps, which
shall be available for obligation for the period October 1, 2020
through September 30, 2021:
Provided, That no funds from any other appropriation shall be
used to provide meal services at or for Job Corps centers.
COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

To carry out title V of the Older Americans Act of 1965 (referred
to in this Act as ‘‘OAA’’), $405,000,000, which shall be available
for the period April 1, 2021 through June 30, 2022, and may
be recaptured and reobligated in accordance with section 517(c)
of the OAA.

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FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

For payments during fiscal year 2021 of trade adjustment benefit payments and allowances under part I of subchapter B of
chapter 2 of title II of the Trade Act of 1974, and section 246
of that Act; and for training, employment and case management
services, allowances for job search and relocation, and related State
administrative expenses under part II of subchapter B of chapter
2 of title II of the Trade Act of 1974, and including benefit payments,
allowances, training, employment and case management services,
and related State administration provided pursuant to section
231(a) of the Trade Adjustment Assistance Extension Act of 2011
and section 405(a) of the Trade Preferences Extension Act of 2015,
$633,600,000 together with such amounts as may be necessary
to be charged to the subsequent appropriation for payments for
any period subsequent to September 15, 2021: Provided, That notwithstanding section 502 of this Act, any part of the appropriation
provided under this heading may remain available for obligation

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1551

beyond the current fiscal year pursuant to the authorities of section
245(c) of the Trade Act of 1974 (19 U.S.C. 2317(c)).

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STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE
OPERATIONS

For authorized administrative expenses, $84,066,000, together
with not to exceed $3,332,583,000 which may be expended from
the Employment Security Administration Account in the Unemployment Trust Fund (‘‘the Trust Fund’’), of which—
(1) $2,565,816,000 from the Trust Fund is for grants to
States for the administration of State unemployment insurance
laws as authorized under title III of the Social Security Act
(including not less than $200,000,000 to carry out reemployment services and eligibility assessments under section 306
of such Act, any claimants of regular compensation, as defined
in such section, including those who are profiled as most likely
to exhaust their benefits, may be eligible for such services
and assessments: Provided, That of such amount, $117,000,000
is specified for grants under section 306 of the Social Security
Act and is provided to meet the terms of section 251(b)(2)(E)(ii)
of the Balanced Budget and Emergency Deficit Control Act
of 1985, as amended, and $83,000,000 is additional new budget
authority specified for purposes of section 251(b)(2)(E)(i)(II) of
such Act; and $9,000,000 for continued support of the
Unemployment Insurance Integrity Center of Excellence), the
administration of unemployment insurance for Federal
employees and for ex-service members as authorized under
5 U.S.C. 8501–8523, and the administration of trade readjustment allowances, reemployment trade adjustment assistance,
and alternative trade adjustment assistance under the Trade
Act of 1974 and under section 231(a) of the Trade Adjustment
Assistance Extension Act of 2011 and section 405(a) of the
Trade Preferences Extension Act of 2015, and shall be available
for obligation by the States through December 31, 2021, except
that funds used for automation shall be available for Federal
obligation through December 31, 2021, and for State obligation
through September 30, 2023, or, if the automation is being
carried out through consortia of States, for State obligation
through September 30, 2027, and for expenditure through September 30, 2028, and funds for competitive grants awarded
to States for improved operations and to conduct in-person
reemployment and eligibility assessments and unemployment
insurance improper payment reviews and provide reemployment services and referrals to training, as appropriate, shall
be available for Federal obligation through December 31, 2021,
and for obligation by the States through September 30, 2023,
and funds for the Unemployment Insurance Integrity Center
of Excellence shall be available for obligation by the State
through September 30, 2022, and funds used for unemployment
insurance workloads experienced through September 30, 2021
shall be available for Federal obligation through December
31, 2021;
(2) $18,000,000 from the Trust Fund is for national activities necessary to support the administration of the FederalState unemployment insurance system;

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134 STAT. 1552

PUBLIC LAW 116–260—DEC. 27, 2020

(3) $648,639,000 from the Trust Fund, together with
$21,413,000 from the General Fund of the Treasury, is for
grants to States in accordance with section 6 of the WagnerPeyser Act, and shall be available for Federal obligation for
the period July 1, 2021 through June 30, 2022;
(4) $22,318,000 from the Trust Fund is for national activities of the Employment Service, including administration of
the work opportunity tax credit under section 51 of the Internal
Revenue Code of 1986 (including assisting States in adopting
or modernizing information technology for use in the processing
of certification requests), and the provision of technical assistance and staff training under the Wagner-Peyser Act;
(5) $77,810,000 from the Trust Fund is for the administration of foreign labor certifications and related activities under
the Immigration and Nationality Act and related laws, of which
$57,528,000 shall be available for the Federal administration
of such activities, and $20,282,000 shall be available for grants
to States for the administration of such activities; and
(6) $62,653,000 from the General Fund is to provide
workforce information, national electronic tools, and one-stop
system building under the Wagner-Peyser Act and shall be
available for Federal obligation for the period July 1, 2021
through June 30, 2022:
Provided, That to the extent that the Average Weekly Insured
Unemployment (‘‘AWIU’’) for fiscal year 2021 is projected by the
Department of Labor to exceed 1,728,000, an additional $28,600,000
from the Trust Fund shall be available for obligation for every
100,000 increase in the AWIU level (including a pro rata amount
for any increment less than 100,000) to carry out title III of the
Social Security Act: Provided further, That funds appropriated in
this Act that are allotted to a State to carry out activities under
title III of the Social Security Act may be used by such State
to assist other States in carrying out activities under such title
III if the other States include areas that have suffered a major
disaster declared by the President under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act: Provided further,
That the Secretary may use funds appropriated for grants to States
under title III of the Social Security Act to make payments on
behalf of States for the use of the National Directory of New
Hires under section 453(j)(8) of such Act: Provided further, That
the Secretary may use funds appropriated for grants to States
under title III of the Social Security Act to make payments on
behalf of States to the entity operating the State Information Data
Exchange System: Provided further, That funds appropriated in
this Act which are used to establish a national one-stop career
center system, or which are used to support the national activities
of the Federal-State unemployment insurance, employment service,
or immigration programs, may be obligated in contracts, grants,
or agreements with States and non-State entities: Provided further,
That States awarded competitive grants for improved operations
under title III of the Social Security Act, or awarded grants to
support the national activities of the Federal-State unemployment
insurance system, may award subgrants to other States and nonState entities under such grants, subject to the conditions applicable
to the grants: Provided further, That funds appropriated under
this Act for activities authorized under title III of the Social Security
Act and the Wagner-Peyser Act may be used by States to fund

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1553

integrated Unemployment Insurance and Employment Service automation efforts, notwithstanding cost allocation principles prescribed
under the final rule entitled ‘‘Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards’’ at part 200 of title 2, Code of Federal Regulations: Provided
further, That the Secretary, at the request of a State participating
in a consortium with other States, may reallot funds allotted to
such State under title III of the Social Security Act to other States
participating in the consortium or to the entity operating the
Unemployment Insurance Information Technology Support Center
in order to carry out activities that benefit the administration
of the unemployment compensation law of the State making the
request: Provided further, That the Secretary may collect fees for
the costs associated with additional data collection, analyses, and
reporting services relating to the National Agricultural Workers
Survey requested by State and local governments, public and private institutions of higher education, and nonprofit organizations
and may utilize such sums, in accordance with the provisions of
29 U.S.C. 9a, for the National Agricultural Workers Survey infrastructure, methodology, and data to meet the information collection
and reporting needs of such entities, which shall be credited to
this appropriation and shall remain available until September 30,
2022, for such purposes.

Fees.

ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND OTHER FUNDS

For repayable advances to the Unemployment Trust Fund as
authorized by sections 905(d) and 1203 of the Social Security Act,
and to the Black Lung Disability Trust Fund as authorized by
section 9501(c)(1) of the Internal Revenue Code of 1986; and for
nonrepayable advances to the revolving fund established by section
901(e) of the Social Security Act, to the Unemployment Trust Fund
as authorized by 5 U.S.C. 8509, and to the ‘‘Federal Unemployment
Benefits and Allowances’’ account, such sums as may be necessary,
which shall be available for obligation through September 30, 2022.
PROGRAM ADMINISTRATION

For expenses of administering employment and training programs, $108,674,000, together with not to exceed $49,982,000 which
may be expended from the Employment Security Administration
Account in the Unemployment Trust Fund.
EMPLOYEE BENEFITS SECURITY ADMINISTRATION
SALARIES AND EXPENSES

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For necessary expenses for the Employee Benefits Security
Administration, $181,000,000, of which up to $3,000,000 shall be
made available through September 30, 2022, for the procurement
of expert witnesses for enforcement litigation.

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134 STAT. 1554

PUBLIC LAW 116–260—DEC. 27, 2020
PENSION BENEFIT GUARANTY CORPORATION
PENSION BENEFIT GUARANTY CORPORATION FUND

Contracts.

Approval.
Notification.

The Pension Benefit Guaranty Corporation (‘‘Corporation’’) is
authorized to make such expenditures, including financial assistance authorized by subtitle E of title IV of the Employee Retirement
Income Security Act of 1974, within limits of funds and borrowing
authority available to the Corporation, and in accord with law,
and to make such contracts and commitments without regard to
fiscal year limitations, as provided by 31 U.S.C. 9104, as may
be necessary in carrying out the program, including associated
administrative expenses, through September 30, 2021, for the Corporation: Provided, That none of the funds available to the Corporation for fiscal year 2021 shall be available for obligations for
administrative expenses in excess of $465,289,000: Provided further,
That to the extent that the number of new plan participants in
plans terminated by the Corporation exceeds 100,000 in fiscal year
2021, an amount not to exceed an additional $9,200,000 shall be
available through September 30, 2025, for obligations for administrative expenses for every 20,000 additional terminated participants: Provided further, That obligations in excess of the amounts
provided for administrative expenses in this paragraph may be
incurred and shall be available through September 30, 2025 for
obligation for unforeseen and extraordinary pre-termination or
termination expenses or extraordinary multiemployer program
related expenses after approval by the Office of Management and
Budget and notification of the Committees on Appropriations of
the House of Representatives and the Senate: Provided further,
That an additional amount shall be available for obligation through
September 30, 2025 to the extent the Corporation’s costs exceed
$250,000 for the provision of credit or identity monitoring to affected
individuals upon suffering a security incident or privacy breach,
not to exceed an additional $100 per affected individual.
WAGE

AND

HOUR DIVISION

SALARIES AND EXPENSES

For necessary expenses for the Wage and Hour Division,
including reimbursement to State, Federal, and local agencies and
their employees for inspection services rendered, $246,000,000.
OFFICE

OF

LABOR-MANAGEMENT STANDARDS

SALARIES AND EXPENSES

For necessary expenses for the Office of Labor-Management
Standards, $44,437,000.
OFFICE

OF

FEDERAL CONTRACT COMPLIANCE PROGRAMS

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SALARIES AND EXPENSES

For necessary expenses for the Office of Federal Contract
Compliance Programs, $105,976,000.

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PUBLIC LAW 116–260—DEC. 27, 2020
OFFICE

OF

134 STAT. 1555

WORKERS’ COMPENSATION PROGRAMS
SALARIES AND EXPENSES

For necessary expenses for the Office of Workers’ Compensation
Programs, $115,424,000, together with $2,177,000 which may be
expended from the Special Fund in accordance with sections 39(c),
44(d), and 44(j) of the Longshore and Harbor Workers’ Compensation Act.
SPECIAL BENEFITS

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(INCLUDING TRANSFER OF FUNDS)

For the payment of compensation, benefits, and expenses
(except administrative expenses) accruing during the current or
any prior fiscal year authorized by 5 U.S.C. 81; continuation of
benefits as provided for under the heading ‘‘Civilian War Benefits’’
in the Federal Security Agency Appropriation Act, 1947; the
Employees’ Compensation Commission Appropriation Act, 1944; section 5(f) of the War Claims Act (50 U.S.C. App. 2012); obligations
incurred under the War Hazards Compensation Act (42 U.S.C.
1701 et seq.); and 50 percent of the additional compensation and
benefits required by section 10(h) of the Longshore and Harbor
Workers’ Compensation Act, $239,000,000, together with such
amounts as may be necessary to be charged to the subsequent
year appropriation for the payment of compensation and other
benefits for any period subsequent to August 15 of the current
year, for deposit into and to assume the attributes of the Employees’
Compensation Fund established under 5 U.S.C. 8147(a): Provided,
That amounts appropriated may be used under 5 U.S.C. 8104
by the Secretary to reimburse an employer, who is not the employer
at the time of injury, for portions of the salary of a re-employed,
disabled beneficiary: Provided further, That balances of reimbursements unobligated on September 30, 2020, shall remain available
until expended for the payment of compensation, benefits, and
expenses: Provided further, That in addition there shall be transferred to this appropriation from the Postal Service and from any
other corporation or instrumentality required under 5 U.S.C. 8147(c)
to pay an amount for its fair share of the cost of administration,
such sums as the Secretary determines to be the cost of administration for employees of such fair share entities through September
30, 2021: Provided further, That of those funds transferred to this
account from the fair share entities to pay the cost of administration
of the Federal Employees’ Compensation Act, $80,257,000 shall
be made available to the Secretary as follows:
(1) For enhancement and maintenance of automated data
processing systems operations and telecommunications systems,
$27,220,000;
(2) For automated workload processing operations,
including document imaging, centralized mail intake, and medical bill processing, $25,647,000;
(3) For periodic roll disability management and medical
review, $25,648,000;
(4) For program integrity, $1,742,000; and
(5) The remaining funds shall be paid into the Treasury
as miscellaneous receipts:

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Reimbursement.

Determination.

PUBL260A

134 STAT. 1556

PUBLIC LAW 116–260—DEC. 27, 2020

Provided further, That the Secretary may require that any person
filing a notice of injury or a claim for benefits under 5 U.S.C.
81, or the Longshore and Harbor Workers’ Compensation Act, provide as part of such notice and claim, such identifying information
(including Social Security account number) as such regulations
may prescribe.
SPECIAL BENEFITS FOR DISABLED COAL MINERS

For carrying out title IV of the Federal Mine Safety and Health
Act of 1977, as amended by Public Law 107–275, $40,970,000,
to remain available until expended.
For making after July 31 of the current fiscal year, benefit
payments to individuals under title IV of such Act, for costs incurred
in the current fiscal year, such amounts as may be necessary.
For making benefit payments under title IV for the first quarter
of fiscal year 2022, $14,000,000, to remain available until expended.
ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES OCCUPATIONAL
ILLNESS COMPENSATION FUND

For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $62,507,000, to
remain available until expended: Provided, That the Secretary may
require that any person filing a claim for benefits under the Act
provide as part of such claim such identifying information (including
Social Security account number) as may be prescribed.
BLACK LUNG DISABILITY TRUST FUND
(INCLUDING TRANSFER OF FUNDS)

26 USC 9501
note.

Such sums as may be necessary from the Black Lung Disability
Trust Fund (the ‘‘Fund’’), to remain available until expended, for
payment of all benefits authorized by section 9501(d)(1), (2), (6),
and (7) of the Internal Revenue Code of 1986; and repayment
of, and payment of interest on advances, as authorized by section
9501(d)(4) of that Act. In addition, the following amounts may
be expended from the Fund for fiscal year 2021 for expenses of
operation and administration of the Black Lung Benefits program,
as authorized by section 9501(d)(5): not to exceed $40,643,000 for
transfer to the Office of Workers’ Compensation Programs, ‘‘Salaries
and Expenses’’; not to exceed $33,033,000 for transfer to Departmental Management, ‘‘Salaries and Expenses’’; not to exceed
$333,000 for transfer to Departmental Management, ‘‘Office of
Inspector General’’; and not to exceed $356,000 for payments into
miscellaneous receipts for the expenses of the Department of the
Treasury.
OCCUPATIONAL SAFETY

AND

HEALTH ADMINISTRATION

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SALARIES AND EXPENSES

For necessary expenses for the Occupational Safety and Health
Administration, $591,787,000, including not to exceed $110,075,000
which shall be the maximum amount available for grants to States
under section 23(g) of the Occupational Safety and Health Act
(the ‘‘Act’’), which grants shall be no less than 50 percent of the

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1557

costs of State occupational safety and health programs required
to be incurred under plans approved by the Secretary under section
18 of the Act; and, in addition, notwithstanding 31 U.S.C. 3302,
the Occupational Safety and Health Administration may retain
up to $499,000 per fiscal year of training institute course tuition
and fees, otherwise authorized by law to be collected, and may
utilize such sums for occupational safety and health training and
education: Provided, That notwithstanding 31 U.S.C. 3302, the Secretary is authorized, during the fiscal year ending September 30,
2021, to collect and retain fees for services provided to Nationally
Recognized Testing Laboratories, and may utilize such sums, in
accordance with the provisions of 29 U.S.C. 9a, to administer
national and international laboratory recognition programs that
ensure the safety of equipment and products used by workers
in the workplace: Provided further, That none of the funds appropriated under this paragraph shall be obligated or expended to
prescribe, issue, administer, or enforce any standard, rule, regulation, or order under the Act which is applicable to any person
who is engaged in a farming operation which does not maintain
a temporary labor camp and employs 10 or fewer employees: Provided further, That no funds appropriated under this paragraph
shall be obligated or expended to administer or enforce any
standard, rule, regulation, or order under the Act with respect
to any employer of 10 or fewer employees who is included within
a category having a Days Away, Restricted, or Transferred (‘‘DART’’)
occupational injury and illness rate, at the most precise industrial
classification code for which such data are published, less than
the national average rate as such rates are most recently published
by the Secretary, acting through the Bureau of Labor Statistics,
in accordance with section 24 of the Act, except—
(1) to provide, as authorized by the Act, consultation, technical assistance, educational and training services, and to conduct surveys and studies;
(2) to conduct an inspection or investigation in response
to an employee complaint, to issue a citation for violations
found during such inspection, and to assess a penalty for violations which are not corrected within a reasonable abatement
period and for any willful violations found;
(3) to take any action authorized by the Act with respect
to imminent dangers;
(4) to take any action authorized by the Act with respect
to health hazards;
(5) to take any action authorized by the Act with respect
to a report of an employment accident which is fatal to one
or more employees or which results in hospitalization of two
or more employees, and to take any action pursuant to such
investigation authorized by the Act; and
(6) to take any action authorized by the Act with respect
to complaints of discrimination against employees for exercising
rights under the Act:
Provided further, That the foregoing proviso shall not apply to
any person who is engaged in a farming operation which does
not maintain a temporary labor camp and employs 10 or fewer
employees: Provided further, That $11,787,000 shall be available
for Susan Harwood training grants, of which not less than
$4,500,000 is for Susan Harwood Training Capacity Building
Developmental grants, as described in Funding Opportunity

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Fees.

Farms and
farming.

Small businesses.

PUBL260A

134 STAT. 1558

PUBLIC LAW 116–260—DEC. 27, 2020

Number SHTG–FY–16–02 (referenced in the notice of availability
of funds published in the Federal Register on May 3, 2016 (81
Fed. Reg. 30568)) for program activities starting not later than
September 30, 2021 and lasting for a period of 12 months: Provided
further, That not less than $3,500,000 shall be for Voluntary Protection Programs.
MINE SAFETY

AND

HEALTH ADMINISTRATION

SALARIES AND EXPENSES

30 USC 966 note.

30 USC 962.

30 USC 962.

30 USC 962.

30 USC 962.

For necessary expenses for the Mine Safety and Health
Administration, $379,816,000, including purchase and bestowal of
certificates and trophies in connection with mine rescue and firstaid work, and the hire of passenger motor vehicles, including up
to $2,000,000 for mine rescue and recovery activities and not less
than $10,537,000 for State assistance grants: Provided, That notwithstanding 31 U.S.C. 3302, not to exceed $750,000 may be collected by the National Mine Health and Safety Academy for room,
board, tuition, and the sale of training materials, otherwise authorized by law to be collected, to be available for mine safety and
health education and training activities: Provided further, That
notwithstanding 31 U.S.C. 3302, the Mine Safety and Health
Administration is authorized to collect and retain up to $2,499,000
from fees collected for the approval and certification of equipment,
materials, and explosives for use in mines, and may utilize such
sums for such activities: Provided further, That the Secretary is
authorized to accept lands, buildings, equipment, and other contributions from public and private sources and to prosecute projects
in cooperation with other agencies, Federal, State, or private: Provided further, That the Mine Safety and Health Administration
is authorized to promote health and safety education and training
in the mining community through cooperative programs with States,
industry, and safety associations: Provided further, That the Secretary is authorized to recognize the Joseph A. Holmes Safety
Association as a principal safety association and, notwithstanding
any other provision of law, may provide funds and, with or without
reimbursement, personnel, including service of Mine Safety and
Health Administration officials as officers in local chapters or in
the national organization: Provided further, That any funds available to the Department of Labor may be used, with the approval
of the Secretary, to provide for the costs of mine rescue and survival
operations in the event of a major disaster.
BUREAU

OF

LABOR STATISTICS

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SALARIES AND EXPENSES

For necessary expenses for the Bureau of Labor Statistics,
including advances or reimbursements to State, Federal, and local
agencies and their employees for services rendered, $587,000,000,
together with not to exceed $68,000,000 which may be expended
from the Employment Security Administration account in the
Unemployment Trust Fund.
Within this amount, $13,000,000 to remain available until September 30, 2024, for costs associated with the physical move of
the Bureau of Labor Statistics’ headquarters, including replication

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1559

of space, furniture, fixtures, equipment, and related costs, as well
as relocation of the data center to a shared facility.
OFFICE

OF

DISABILITY EMPLOYMENT POLICY

SALARIES AND EXPENSES

For necessary expenses for the Office of Disability Employment
Policy to provide leadership, develop policy and initiatives, and
award grants furthering the objective of eliminating barriers to
the training and employment of people with disabilities,
$38,500,000.
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for Departmental Management,
including the hire of three passenger motor vehicles, $349,056,000,
together with not to exceed $308,000, which may be expended
from the Employment Security Administration account in the
Unemployment Trust Fund: Provided, That $67,325,000 for the
Bureau of International Labor Affairs shall be available for obligation through December 31, 2021: Provided further, That funds available to the Bureau of International Labor Affairs may be used
to administer or operate international labor activities, bilateral
and multilateral technical assistance, and microfinance programs,
by or through contracts, grants, subgrants and other arrangements:
Provided further, That not more than $53,825,000 shall be for
programs to combat exploitative child labor internationally and
not less than $13,500,000 shall be used to implement model programs that address worker rights issues through technical assistance in countries with which the United States has free trade
agreements or trade preference programs: Provided further, That
$8,040,000 shall be used for program evaluation and shall be available for obligation through September 30, 2022: Provided further,
That funds available for program evaluation may be used to administer grants for the purpose of evaluation: Provided further, That
grants made for the purpose of evaluation shall be awarded through
fair and open competition: Provided further, That funds available
for program evaluation may be transferred to any other appropriate
account in the Department for such purpose: Provided further,
That the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance
of any transfer: Provided further, That the funds available to the
Women’s Bureau may be used for grants to serve and promote
the interests of women in the workforce: Provided further, That
of the amounts made available to the Women’s Bureau, not less
than $1,794,000 shall be used for grants authorized by the Women
in Apprenticeship and Nontraditional Occupations Act.

Notification.

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VETERANS’ EMPLOYMENT AND TRAINING

Not to exceed $258,841,000 may be derived from the Employment Security Administration account in the Unemployment Trust

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134 STAT. 1560

PUBLIC LAW 116–260—DEC. 27, 2020

Fund to carry out the provisions of chapters 41, 42, and 43 of
title 38, United States Code, of which—
(1) $180,000,000 is for Jobs for Veterans State grants under
38 U.S.C. 4102A(b)(5) to support disabled veterans’ outreach
program specialists under section 4103A of such title and local
veterans’ employment representatives under section 4104(b)
of such title, and for the expenses described in section
4102A(b)(5)(C), which shall be available for expenditure by
the States through September 30, 2023, and not to exceed
3 percent for the necessary Federal expenditures for data systems and contract support to allow for the tracking of participant and performance information: Provided, That, in addition,
such funds may be used to support such specialists and representatives in the provision of services to transitioning members of the Armed Forces who have participated in the Transition Assistance Program and have been identified as in need
of intensive services, to members of the Armed Forces who
are wounded, ill, or injured and receiving treatment in military
treatment facilities or warrior transition units, and to the
spouses or other family caregivers of such wounded, ill, or
injured members;
(2) $31,379,000 is for carrying out the Transition Assistance
Program under 38 U.S.C. 4113 and 10 U.S.C. 1144;
(3) $44,048,000 is for Federal administration of chapters
41, 42, and 43 of title 38, and sections 2021, 2021A and 2023
of title 38, United States Code: Provided, That, up to $500,000
may be used to carry out the Hire VETS Act (division O
of Public Law 115–31); and
(4) $3,414,000 is for the National Veterans’ Employment
and Training Services Institute under 38 U.S.C. 4109:
Provided, That the Secretary may reallocate among the appropriations provided under paragraphs (1) through (4) above an amount
not to exceed 3 percent of the appropriation from which such reallocation is made.
In addition, from the General Fund of the Treasury,
$57,500,000 is for carrying out programs to assist homeless veterans
and veterans at risk of homelessness who are transitioning from
certain institutions under sections 2021, 2021A, and 2023 of title
38, United States Code: Provided, That notwithstanding subsections
(c)(3) and (d) of section 2023, the Secretary may award grants
through September 30, 2021, to provide services under such section:
Provided further, That services provided under sections 2021 or
under 2021A may include, in addition to services to homeless veterans described in section 2002(a)(1), services to veterans who were
homeless at some point within the 60 days prior to program entry
or veterans who are at risk of homelessness within the next 60
days, and that services provided under section 2023 may include,
in addition to services to the individuals described in subsection
(e) of such section, services to veterans recently released from
incarceration who are at risk of homelessness: Provided further,
That notwithstanding paragraph (3) under this heading, funds
appropriated in this paragraph may be used for data systems and
contract support to allow for the tracking of participant and
performance information: Provided further, That notwithstanding
sections 2021(e)(2) and 2021A(f)(2) of title 38, United States Code,
such funds shall be available for expenditure pursuant to 31 U.S.C.
1553.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1561

In addition, fees may be assessed and deposited in the HIRE
Vets Medallion Award Fund pursuant to section 5(b) of the HIRE
Vets Act, and such amounts shall be available to the Secretary
to carry out the HIRE Vets Medallion Award Program, as authorized by such Act, and shall remain available until expended: Provided, That such sums shall be in addition to any other funds
available for such purposes, including funds available under paragraph (3) of this heading: Provided further, That section 2(d) of
division O of the Consolidated Appropriations Act, 2017 (Public
Law 115–31; 38 U.S.C. 4100 note) shall not apply.

Fees.

IT MODERNIZATION

For necessary expenses for Department of Labor centralized
infrastructure technology investment activities related to support
systems and modernization, $27,269,000, which shall be available
through September 30, 2022.
OFFICE OF INSPECTOR GENERAL

For salaries and expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, $85,187,000, together with not to exceed $5,660,000 which
may be expended from the Employment Security Administration
account in the Unemployment Trust Fund.
GENERAL PROVISIONS
SEC. 101. None of the funds appropriated by this Act for the
Job Corps shall be used to pay the salary and bonuses of an
individual, either as direct costs or any proration as an indirect
cost, at a rate in excess of Executive Level II.

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(TRANSFER OF FUNDS)

SEC. 102. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985) which are appropriated for the current fiscal year
for the Department of Labor in this Act may be transferred between
a program, project, or activity, but no such program, project, or
activity shall be increased by more than 3 percent by any such
transfer: Provided, That the transfer authority granted by this
section shall not be used to create any new program or to fund
any project or activity for which no funds are provided in this
Act: Provided further, That the Committees on Appropriations of
the House of Representatives and the Senate are notified at least
15 days in advance of any transfer.
SEC. 103. In accordance with Executive Order 13126, none
of the funds appropriated or otherwise made available pursuant
to this Act shall be obligated or expended for the procurement
of goods mined, produced, manufactured, or harvested or services
rendered, in whole or in part, by forced or indentured child labor
in industries and host countries already identified by the United
States Department of Labor prior to enactment of this Act.
SEC. 104. Except as otherwise provided in this section, none
of the funds made available to the Department of Labor for grants
under section 414(c) of the American Competitiveness and
Workforce Improvement Act of 1998 (29 U.S.C. 2916a) may be

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Notification.

Child labor.

PUBL260A

134 STAT. 1562

PUBLIC LAW 116–260—DEC. 27, 2020

used for any purpose other than competitive grants for training
individuals who are older than 16 years of age and are not currently
enrolled in school within a local educational agency in the occupations and industries for which employers are using H–1B visas
to hire foreign workers, and the related activities necessary to
support such training.
SEC. 105. None of the funds made available by this Act under
the heading ‘‘Employment and Training Administration’’ shall be
used by a recipient or subrecipient of such funds to pay the salary
and bonuses of an individual, either as direct costs or indirect
costs, at a rate in excess of Executive Level II. This limitation
shall not apply to vendors providing goods and services as defined
in Office of Management and Budget Circular A–133. Where States
are recipients of such funds, States may establish a lower limit
for salaries and bonuses of those receiving salaries and bonuses
from subrecipients of such funds, taking into account factors
including the relative cost-of-living in the State, the compensation
levels for comparable State or local government employees, and
the size of the organizations that administer Federal programs
involved including Employment and Training Administration programs.
(TRANSFER OF FUNDS)

SEC. 106. (a) Notwithstanding section 102, the Secretary may
transfer funds made available to the Employment and Training
Administration by this Act, either directly or through a set-aside,
for technical assistance services to grantees to ‘‘Program Administration’’ when it is determined that those services will be more
efficiently performed by Federal employees: Provided, That this
section shall not apply to section 171 of the WIOA.
(b) Notwithstanding section 102, the Secretary may transfer
not more than 0.5 percent of each discretionary appropriation made
available to the Employment and Training Administration by this
Act to ‘‘Program Administration’’ in order to carry out program
integrity activities relating to any of the programs or activities
that are funded under any such discretionary appropriations: Provided, That notwithstanding section 102 and the preceding proviso,
the Secretary may transfer not more than 0.5 percent of funds
made available in paragraphs (1) and (2) of the ‘‘Office of Job
Corps’’ account to paragraph (3) of such account to carry out program integrity activities related to the Job Corps program: Provided
further, That funds transferred under the authority provided by
this subsection shall be available for obligation through September
30, 2022.
(TRANSFER OF FUNDS)

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Evaluations.

Plan.
Time period.

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SEC. 107. (a) The Secretary may reserve not more than 0.75
percent from each appropriation made available in this Act identified in subsection (b) in order to carry out evaluations of any
of the programs or activities that are funded under such accounts.
Any funds reserved under this section shall be transferred to
‘‘Departmental Management’’ for use by the Office of the Chief
Evaluation Officer within the Department of Labor, and shall be
available for obligation through September 30, 2022: Provided, That
such funds shall only be available if the Chief Evaluation Officer
of the Department of Labor submits a plan to the Committees

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1563

on Appropriations of the House of Representatives and the Senate
describing the evaluations to be carried out 15 days in advance
of any transfer.
(b) The accounts referred to in subsection (a) are: ‘‘Training
and Employment Services’’, ‘‘Job Corps’’, ‘‘Community Service
Employment for Older Americans’’, ‘‘State Unemployment Insurance
and Employment Service Operations’’, ‘‘Employee Benefits Security
Administration’’, ‘‘Office of Workers’ Compensation Programs’’,
‘‘Wage and Hour Division’’, ‘‘Office of Federal Contract Compliance
Programs’’, ‘‘Office of Labor Management Standards’’, ‘‘Occupational
Safety and Health Administration’’, ‘‘Mine Safety and Health
Administration’’, ‘‘Office of Disability Employment Policy’’, funding
made available to the ‘‘Bureau of International Labor Affairs’’ and
‘‘Women’s Bureau’’ within the ‘‘Departmental Management, Salaries
and Expenses’’ account, and ‘‘Veterans’ Employment and Training’’.
SEC. 108. (a) Section 7 of the Fair Labor Standards Act of
1938 (29 U.S.C. 207) shall be applied as if the following text
is part of such section:
‘‘(s)(1) The provisions of this section shall not apply for a
period of 2 years after the occurrence of a major disaster to any
employee—
‘‘(A) employed to adjust or evaluate claims resulting
from or relating to such major disaster, by an employer
not engaged, directly or through an affiliate, in underwriting, selling, or marketing property, casualty, or liability
insurance policies or contracts;
‘‘(B) who receives from such employer on average
weekly compensation of not less than $591.00 per week
or any minimum weekly amount established by the Secretary, whichever is greater, for the number of weeks such
employee is engaged in any of the activities described in
subparagraph (C); and
‘‘(C) whose duties include any of the following:
‘‘(i) interviewing insured individuals, individuals
who suffered injuries or other damages or losses arising
from or relating to a disaster, witnesses, or physicians;
‘‘(ii) inspecting property damage or reviewing factual information to prepare damage estimates;
‘‘(iii) evaluating and making recommendations
regarding coverage or compensability of claims or
determining liability or value aspects of claims;
‘‘(iv) negotiating settlements; or
‘‘(v) making recommendations regarding litigation.
‘‘(2) The exemption in this subsection shall not affect the
exemption provided by section 13(a)(1).
‘‘(3) For purposes of this subsection—
‘‘(A) the term ‘major disaster’ means any disaster or
catastrophe declared or designated by any State or Federal
agency or department;
‘‘(B) the term ‘employee employed to adjust or evaluate
claims resulting from or relating to such major disaster’
means an individual who timely secured or secures a
license required by applicable law to engage in and perform
the activities described in clauses (i) through (v) of paragraph (1)(C) relating to a major disaster, and is employed
by an employer that maintains worker compensation insurance coverage or protection for its employees, if required

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Applicability.

Time period.

Definitions.

PUBL260A

134 STAT. 1564

Effective date.
Time periods.
Effective date.

Assessment.

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Determinations.
Wages.

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PUBLIC LAW 116–260—DEC. 27, 2020

by applicable law, and withholds applicable Federal, State,
and local income and payroll taxes from the wages, salaries
and any benefits of such employees; and
‘‘(C) the term ‘affiliate’ means a company that, by
reason of ownership or control of 25 percent or more of
the outstanding shares of any class of voting securities
of one or more companies, directly or indirectly, controls,
is controlled by, or is under common control with, another
company.’’.
(b) This section shall be effective on the date of enactment
of this Act.
SEC. 109. (a) FLEXIBILITY WITH RESPECT TO THE CROSSING
OF H–2B NONIMMIGRANTS WORKING IN THE SEAFOOD INDUSTRY.—
(1) IN GENERAL.—Subject to paragraph (2), if a petition
for H–2B nonimmigrants filed by an employer in the seafood
industry is granted, the employer may bring the nonimmigrants
described in the petition into the United States at any time
during the 120-day period beginning on the start date for
which the employer is seeking the services of the nonimmigrants without filing another petition.
(2) REQUIREMENTS FOR CROSSINGS AFTER 90TH DAY.—An
employer in the seafood industry may not bring H–2B nonimmigrants into the United States after the date that is 90
days after the start date for which the employer is seeking
the services of the nonimmigrants unless the employer—
(A) completes a new assessment of the local labor
market by—
(i) listing job orders in local newspapers on 2 separate Sundays; and
(ii) posting the job opportunity on the appropriate
Department of Labor Electronic Job Registry and at
the employer’s place of employment; and
(B) offers the job to an equally or better qualified
United States worker who—
(i) applies for the job; and
(ii) will be available at the time and place of need.
(3) EXEMPTION FROM RULES WITH RESPECT TO STAGGERING.—The Secretary of Labor shall not consider an employer
in the seafood industry who brings H–2B nonimmigrants into
the United States during the 120-day period specified in paragraph (1) to be staggering the date of need in violation of
section 655.20(d) of title 20, Code of Federal Regulations, or
any other applicable provision of law.
(b) H–2B NONIMMIGRANTS DEFINED.—In this section, the term
‘‘H–2B nonimmigrants’’ means aliens admitted to the United States
pursuant to section 101(a)(15)(H)(ii)(B) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(B)).
SEC. 110. The determination of prevailing wage for the purposes
of the H–2B program shall be the greater of—(1) the actual wage
level paid by the employer to other employees with similar experience and qualifications for such position in the same location;
or (2) the prevailing wage level for the occupational classification
of the position in the geographic area in which the H–2B nonimmigrant will be employed, based on the best information available
at the time of filing the petition. In the determination of prevailing
wage for the purposes of the H–2B program, the Secretary shall
accept private wage surveys even in instances where Occupational

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1565

Employment Statistics survey data are available unless the Secretary determines that the methodology and data in the provided
survey are not statistically supported.
SEC. 111. None of the funds in this Act shall be used to
enforce the definition of corresponding employment found in 20
CFR 655.5 or the three-fourths guarantee rule definition found
in 20 CFR 655.20, or any references thereto. Further, for the
purpose of regulating admission of temporary workers under the
H–2B program, the definition of temporary need shall be that
provided in 8 CFR 214.2(h)(6)(ii)(B).
SEC. 112. Notwithstanding any other provision of law, the
Secretary may furnish through grants, cooperative agreements, contracts, and other arrangements, up to $2,000,000 of excess personal
property, at a value determined by the Secretary, to apprenticeship
programs for the purpose of training apprentices in those programs.
SEC. 113. (a) The Act entitled ‘‘An Act to create a Department
of Labor’’, approved March 4, 1913 (37 Stat. 736, chapter 141)
shall be applied as if the following text is part of such Act:

Regulations.

Grants.
Contracts.
Determination.

Applicability.

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‘‘SEC. 12. SECURITY DETAIL.

‘‘(a) IN GENERAL.—The Secretary of Labor is authorized to
employ law enforcement officers or special agents to—
‘‘(1) provide protection for the Secretary of Labor during
the workday of the Secretary and during any activity that
is preliminary or postliminary to the performance of official
duties by the Secretary;
‘‘(2) provide protection, incidental to the protection provided
to the Secretary, to a member of the immediate family of
the Secretary who is participating in an activity or event
relating to the official duties of the Secretary;
‘‘(3) provide continuous protection to the Secretary
(including during periods not described in paragraph (1)) and
to the members of the immediate family of the Secretary if
there is a unique and articulable threat of physical harm,
in accordance with guidelines established by the Secretary;
and
‘‘(4) provide protection to the Deputy Secretary of Labor
or another senior officer representing the Secretary of Labor
at a public event if there is a unique and articulable threat
of physical harm, in accordance with guidelines established
by the Secretary.
‘‘(b) AUTHORITIES.—The Secretary of Labor may authorize a
law enforcement officer or special agent employed under subsection
(a), for the purpose of performing the duties authorized under
subsection (a), to—
‘‘(1) carry firearms;
‘‘(2) make arrests without a warrant for any offense against
the United States committed in the presence of such officer
or special agent;
‘‘(3) perform protective intelligence work, including identifying and mitigating potential threats and conducting advance
work to review security matters relating to sites and events;
‘‘(4) coordinate with local law enforcement agencies; and
‘‘(5) initiate criminal and other investigations into potential
threats to the security of the Secretary, in coordination with
the Inspector General of the Department of Labor.

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Guidelines.

PUBL260A

134 STAT. 1566

Effective date.

PUBLIC LAW 116–260—DEC. 27, 2020

‘‘(c) COMPLIANCE WITH GUIDELINES.—A law enforcement officer
or special agent employed under subsection (a) shall exercise any
authority provided under this section in accordance with any—
‘‘(1) guidelines issued by the Attorney General; and
‘‘(2) guidelines prescribed by the Secretary of Labor.’’.
(b) This section shall be effective on the date of enactment
of this Act.
SEC. 114. The Secretary is authorized to dispose of or divest,
by any means the Secretary determines appropriate, including an
agreement or partnership to construct a new Job Corps center,
all or a portion of the real property on which the Treasure Island
Job Corps Center is situated. Any sale or other disposition will
not be subject to any requirement of any Federal law or regulation
relating to the disposition of Federal real property, including but
not limited to subchapter III of chapter 5 of title 40 of the United
States Code and subchapter V of chapter 119 of title 42 of the
United States Code. The net proceeds of such a sale shall be
transferred to the Secretary, which shall be available until expended
to carry out the Job Corps Program on Treasure Island.
(RESCISSION)

Deadline.

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133 Stat. 2549.

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SEC. 115. (a) Of the unobligated funds available under section
286(s) of the Immigration and Nationality Act (8 U.S.C. 1356(s))
in an amount that is equal to the amount that became available
on October 1, 2020, pursuant to the temporary rescission in section
115 of division A of the Further Consolidated Appropriations Act,
2020 (Public Law 116–94), $150,000,000 are hereby permanently
rescinded, as follows: $75,000,000 from the unobligated funds available under section 286(s)(2) of such Act; $45,000,000 from the
unobligated funds available under section 286(s)(3) of such Act;
$15,000,000 from the unobligated funds available under section
286(s)(4) of such Act; $7,500,000 from the unobligated funds available under section 286(s)(5) of such Act; and $7,500,000 from the
unobligated funds available under section 286(s)(6) of such Act.
(b) Of the unobligated funds available under section 286(s)(2)
of the Immigration and Nationality Act (8 U.S.C. 1356(s)(2)), and
in addition to the amounts rescinded in subsection (a), $285,000,000
are hereby permanently rescinded not later than September 30,
2021.
SEC. 116. None of the funds made available by this Act may
be used to—
(1) alter or terminate the Interagency Agreement between
the United States Department of Labor and the United States
Department of Agriculture; or
(2) close any of the Civilian Conservation Centers, except
if such closure is necessary to prevent the endangerment of
the health and safety of the students, the capacity of the
program is retained, and the requirements of section 159(j)
of the WIOA are met.
SEC. 117. Paragraph (1) under the heading ‘‘Department of
Labor—Veterans Employment and Training’’ of title I of division
A of Public Law 116–94 is amended by striking ‘‘obligation by
the States through December 31, 2020’’ and inserting ‘‘expenditure
by the States through September 30, 2022’’.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1567

SEC. 118. The amounts provided by the first proviso following
paragraph (6) under the heading ‘‘Department of Labor—Employment and Training Administration—State Unemployment Insurance and Employment Service Operations’’ in title I of this Act
are designated 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.
This title may be cited as the ‘‘Department of Labor Appropriations Act, 2021’’.
TITLE II
DEPARTMENT OF HEALTH AND HUMAN SERVICES
HEALTH RESOURCES

AND

SERVICES ADMINISTRATION

Department of
Health and
Human Services
Appropriations
Act, 2021.

PRIMARY HEALTH CARE

For carrying out titles II and III of the Public Health Service
Act (referred to in this Act as the ‘‘PHS Act’’) with respect to
primary health care and the Native Hawaiian Health Care Act
of 1988, $1,683,772,000: Provided, That no more than $1,000,000
shall be available until expended for carrying out the provisions
of section 224(o) of the PHS Act: Provided further, That no more
than $120,000,000 shall be available until expended for carrying
out subsections (g) through (n) and (q) of section 224 of the PHS
Act, and for expenses incurred by the Department of Health and
Human Services (referred to in this Act as ‘‘HHS’’) pertaining
to administrative claims made under such law.

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HEALTH WORKFORCE

For carrying out titles III, VII, and VIII of the PHS Act with
respect to the health workforce, sections 1128E and 1921 of the
Social Security Act, and the Health Care Quality Improvement
Act of 1986, $1,224,006,000: Provided, That sections 751(j)(2) and
762(k) of the PHS Act and the proportional funding amounts in
paragraphs (1) through (4) of section 756(f) of the PHS Act shall
not apply to funds made available under this heading: Provided
further, That for any program operating under section 751 of the
PHS Act on or before January 1, 2009, the Secretary of Health
and Human Services (referred to in this title as the ‘‘Secretary’’)
may hereafter waive any of the requirements contained in sections
751(d)(2)(A) and 751(d)(2)(B) of such Act for the full project period
of a grant under such section: Provided further, That no funds
shall be available for section 340G–1 of the PHS Act: Provided
further, That fees collected for the disclosure of information under
section 427(b) of the Health Care Quality Improvement Act of
1986 and sections 1128E(d)(2) and 1921 of the Social Security
Act shall be sufficient to recover the full costs of operating the
programs authorized by such sections and shall remain available
until expended for the National Practitioner Data Bank: Provided
further, That funds transferred to this account to carry out section
846 and subpart 3 of part D of title III of the PHS Act may
be used to make prior year adjustments to awards made under
such section and subpart: Provided further, That $120,000,000 shall
remain available until expended for the purposes of providing primary health services, assigning National Health Service Corps

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Waiver authority.
42 USC 294a
note.

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134 STAT. 1568

Applicability.
Definition.

Grants.

Grants.

Priority.
Determination.

Determination.

Time period.

Matching funds.

PUBLIC LAW 116–260—DEC. 27, 2020

(‘‘NHSC’’) members to expand the delivery of substance use disorder
treatment services, notwithstanding the assignment priorities and
limitations under sections 333(a)(1)(D), 333(b), and 333A(a)(1)(B)(ii)
of the PHS Act, and making payments under the NHSC Loan
Repayment Program under section 338B of such Act: Provided
further, That, within the amount made available in the previous
proviso, $15,000,000 shall remain available until expended for the
purposes of making payments under the NHSC Loan Repayment
Program under section 338B of the PHS Act to individuals participating in such program who provide primary health services in
Indian Health Service facilities, Tribally-Operated 638 Health Programs, and Urban Indian Health Programs (as those terms are
defined by the Secretary), notwithstanding the assignment priorities
and limitations under section 333(b) of such Act: Provided further,
That for purposes of the previous two provisos, section 331(a)(3)(D)
of the PHS Act shall be applied as if the term ‘‘primary health
services’’ includes clinical substance use disorder treatment services,
including those provided by masters level, licensed substance use
disorder treatment counselors: Provided further, That of the funds
made available under this heading, $5,000,000 shall be available
to make grants to establish or expand optional community-based
nurse practitioner fellowship programs that are accredited or in
the accreditation process, with a preference for those in Federally
Qualified Health Centers, for practicing postgraduate nurse practitioners in primary care or behavioral health.
Of the funds made available under this heading, $50,000,000
shall remain available until expended for grants to public institutions of higher education to expand or support graduate education
for physicians provided by such institutions: Provided, That, in
awarding such grants, the Secretary shall give priority to public
institutions of higher education located in States with a projected
primary care provider shortage in 2025, as determined by the
Secretary: Provided further, That grants so awarded are limited
to such public institutions of higher education in States in the
top quintile of States with a projected primary care provider shortage in 2025, as determined by the Secretary: Provided further,
That the minimum amount of a grant so awarded to such an
institution shall be not less than $1,000,000 per year: Provided
further, That such a grant may be awarded for a period not to
exceed 5 years: Provided further, That amounts made available
in this paragraph shall be awarded as supplemental grants to
recipients of grants awarded for this purpose in fiscal years 2019
and 2020, pursuant to the terms and conditions of each institution’s
initial grant agreement, in an amount for each institution that
will result in every institution being awarded the same total grant
amount over fiscal years 2019 through 2021, provided the institution
can justify the expenditure of such funds: Provided further, That
such a grant awarded with respect to a year to such an institution
shall be subject to a matching requirement of non-Federal funds
in an amount that is not less than 10 percent of the total amount
of Federal funds provided in the grant to such institution with
respect to such year.

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MATERNAL AND CHILD HEALTH

For carrying out titles III, XI, XII, and XIX of the PHS Act
with respect to maternal and child health and title V of the Social

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1569

Security Act, $975,284,000: Provided, That notwithstanding sections
502(a)(1) and 502(b)(1) of the Social Security Act, not more than
$139,116,000 shall be available for carrying out special projects
of regional and national significance pursuant to section 501(a)(2)
of such Act and $10,276,000 shall be available for projects described
in subparagraphs (A) through (F) of section 501(a)(3) of such Act.
RYAN WHITE HIV/AIDS PROGRAM

For carrying out title XXVI of the PHS Act with respect to
the Ryan White HIV/AIDS program, $2,423,781,000, of which
$1,970,881,000 shall remain available to the Secretary through
September 30, 2023, for parts A and B of title XXVI of the PHS
Act, and of which not less than $900,313,000 shall be for State
AIDS Drug Assistance Programs under the authority of section
2616 or 311(c) of such Act; and of which $105,000,000, to remain
available until expended, shall be available to the Secretary for
carrying out a program of grants and contracts under title XXVI
or section 311(c) of such Act focused on ending the nationwide
HIV/AIDS epidemic, with any grants issued under such section
311(c) administered in conjunction with title XXVI of the PHS
Act, including the limitation on administrative expenses.
HEALTH CARE SYSTEMS

For carrying out titles III and XII of the PHS Act with respect
to health care systems, and the Stem Cell Therapeutic and Research
Act of 2005, $129,093,000, of which $122,000 shall be available
until expended for facilities renovations at the Gillis W. Long
Hansen’s Disease Center.

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RURAL HEALTH

For carrying out titles III and IV of the PHS Act with respect
to rural health, section 427(a) of the Federal Coal Mine Health
and Safety Act of 1969, and sections 711 and 1820 of the Social
Security Act, $329,519,000, of which $55,609,000 from general revenues, notwithstanding section 1820(j) of the Social Security Act,
shall be available for carrying out the Medicare rural hospital
flexibility grants program: Provided, That of the funds made available under this heading for Medicare rural hospital flexibility
grants, $20,942,000 shall be available for the Small Rural Hospital
Improvement Grant Program for quality improvement and adoption
of health information technology and up to $1,000,000 shall be
to carry out section 1820(g)(6) of the Social Security Act, with
funds provided for grants under section 1820(g)(6) available for
the purchase and implementation of telehealth services, including
pilots and demonstrations on the use of electronic health records
to coordinate rural veterans care between rural providers and the
Department of Veterans Affairs electronic health record system:
Provided further, That notwithstanding section 338J(k) of the PHS
Act, $12,500,000 shall be available for State Offices of Rural Health:
Provided further, That $10,500,000 shall remain available through
September 30, 2023, to support the Rural Residency Development
Program: Provided further, That $110,000,000 shall be for the Rural
Communities Opioids Response Program.

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Grants.

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134 STAT. 1570

PUBLIC LAW 116–260—DEC. 27, 2020
FAMILY PLANNING

Abortion.

For carrying out the program under title X of the PHS Act
to provide for voluntary family planning projects, $286,479,000:
Provided, That amounts provided to said projects under such title
shall not be expended for abortions, that all pregnancy counseling
shall be nondirective, and that such amounts shall not be expended
for any activity (including the publication or distribution of literature) that in any way tends to promote public support or opposition to any legislative proposal or candidate for public office.
PROGRAM MANAGEMENT

For program support in the Health Resources and Services
Administration, $155,300,000: Provided, That funds made available
under this heading may be used to supplement program support
funding provided under the headings ‘‘Primary Health Care’’,
‘‘Health Workforce’’, ‘‘Maternal and Child Health’’, ‘‘Ryan White
HIV/AIDS Program’’, ‘‘Health Care Systems’’, and ‘‘Rural Health’’.
VACCINE INJURY COMPENSATION PROGRAM TRUST FUND

For payments from the Vaccine Injury Compensation Program
Trust Fund (the ‘‘Trust Fund’’), such sums as may be necessary
for claims associated with vaccine-related injury or death with
respect to vaccines administered after September 30, 1988, pursuant
to subtitle 2 of title XXI of the PHS Act, to remain available
until expended: Provided, That for necessary administrative
expenses, not to exceed $11,200,000 shall be available from the
Trust Fund to the Secretary.
CENTERS

FOR

DISEASE CONTROL

AND

PREVENTION

IMMUNIZATION AND RESPIRATORY DISEASES

For carrying out titles II, III, XVII, and XXI, and section
2821 of the PHS Act, titles II and IV of the Immigration and
Nationality Act, and section 501 of the Refugee Education Assistance Act, with respect to immunization and respiratory diseases,
$448,805,000.
HIV/AIDS, VIRAL HEPATITIS, SEXUALLY TRANSMITTED DISEASES, AND
TUBERCULOSIS PREVENTION

For carrying out titles II, III, XVII, and XXIII of the PHS
Act with respect to HIV/AIDS, viral hepatitis, sexually transmitted
diseases, and tuberculosis prevention, $1,314,056,000.

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EMERGING AND ZOONOTIC INFECTIOUS DISEASES

For carrying out titles II, III, and XVII, and section 2821
of the PHS Act, titles II and IV of the Immigration and Nationality
Act, and section 501 of the Refugee Education Assistance Act,
with respect to emerging and zoonotic infectious diseases,
$596,272,000: Provided, That of the amounts made available under
this heading, up to $1,000,000 shall remain available until expended
to pay for the transportation, medical care, treatment, and other
related costs of persons quarantined or isolated under Federal or
State quarantine law.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1571

CHRONIC DISEASE PREVENTION AND HEALTH PROMOTION

For carrying out titles II, III, XI, XV, XVII, and XIX of the
PHS Act with respect to chronic disease prevention and health
promotion, $1,021,714,000: Provided, That funds made available
under this heading may be available for making grants under
section 1509 of the PHS Act for not less than 21 States, tribes,
or tribal organizations: Provided further, That of the funds made
available under this heading, $15,000,000 shall be available to
continue and expand community specific extension and outreach
programs to combat obesity in counties with the highest levels
of obesity: Provided further, That the proportional funding requirements under section 1503(a) of the PHS Act shall not apply to
funds made available under this heading.

Grants.

BIRTH DEFECTS, DEVELOPMENTAL DISABILITIES, DISABILITIES AND
HEALTH

For carrying out titles II, III, XI, and XVII of the PHS Act
with respect to birth defects, developmental disabilities, disabilities
and health, $167,810,000.
PUBLIC HEALTH SCIENTIFIC SERVICES

For carrying out titles II, III, and XVII of the PHS Act with
respect to health statistics, surveillance, health informatics, and
workforce development, $591,997,000.
ENVIRONMENTAL HEALTH

For carrying out titles II, III, and XVII of the PHS Act with
respect to environmental health, $205,850,000.
INJURY PREVENTION AND CONTROL

For carrying out titles II, III, and XVII of the PHS Act with
respect to injury prevention and control, $682,879,000.
NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH

For carrying out titles II, III, and XVII of the PHS Act, sections
101, 102, 103, 201, 202, 203, 301, and 501 of the Federal Mine
Safety and Health Act, section 13 of the Mine Improvement and
New Emergency Response Act, and sections 20, 21, and 22 of
the Occupational Safety and Health Act, with respect to occupational safety and health, $345,300,000.

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ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
PROGRAM

For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $55,358,000, to
remain available until expended: Provided, That this amount shall
be available consistent with the provision regarding administrative
expenses in section 151(b) of division B, title I of Public Law
106–554.

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134 STAT. 1572

PUBLIC LAW 116–260—DEC. 27, 2020
GLOBAL HEALTH

For carrying out titles II, III, and XVII of the PHS Act with
respect to global health, $592,843,000, of which: (1) $128,421,000
shall remain available through September 30, 2022 for international
HIV/AIDS; and (2) $193,400,000 shall remain available through
September 30, 2023 for global disease detection and emergency
response: Provided, That funds may be used for purchase and
insurance of official motor vehicles in foreign countries.
PUBLIC HEALTH PREPAREDNESS AND RESPONSE

Detailees.
Notice.
Deadline.
Reports.
Updates.
Time period.

For carrying out titles II, III, and XVII of the PHS Act with
respect to public health preparedness and response, and for
expenses necessary to support activities related to countering potential biological, nuclear, radiological, and chemical threats to civilian
populations, $842,200,000: Provided, That the Director of the Centers for Disease Control and Prevention (referred to in this title
as ‘‘CDC’’) or the Administrator of the Agency for Toxic Substances
and Disease Registry may detail staff without reimbursement to
support an activation of the CDC Emergency Operations Center,
so long as the Director or Administrator, as applicable, provides
a notice to the Committees on Appropriations of the House of
Representatives and the Senate within 15 days of the use of this
authority, a full report within 30 days after use of this authority
which includes the number of staff and funding level broken down
by the originating center and number of days detailed, and an
update of such report every 180 days until staff are no longer
on detail without reimbursement to the CDC Emergency Operations
Center.
BUILDINGS AND FACILITIES

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(INCLUDING TRANSFER OF FUNDS)

For acquisition of real property, equipment, construction,
installation, demolition, and renovation of facilities, $30,000,000,
which shall remain available until September 30, 2025: Provided,
That funds made available to this account in this or any prior
Act that are available for the acquisition of real property or for
construction or improvement of facilities shall be available to make
improvements on non-federally owned property, provided that any
improvements that are not adjacent to federally owned property
do not exceed $2,500,000, and that the primary benefit of such
improvements accrues to CDC: Provided further, That funds previously set-aside by CDC for repair and upgrade of the Lake Lynn
Experimental Mine and Laboratory shall be used to acquire a
replacement mine safety research facility: Provided further, That
in addition, the prior year unobligated balance of any amounts
assigned to former employees in accounts of CDC made available
for Individual Learning Accounts shall be credited to and merged
with the amounts made available under this heading to support
the replacement of the mine safety research facility.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1573

CDC-WIDE ACTIVITIES AND PROGRAM SUPPORT
(INCLUDING TRANSFER OF FUNDS)

For carrying out titles II, III, XVII and XIX, and section 2821
of the PHS Act and for cross-cutting activities and program support
for activities funded in other appropriations included in this Act
for the Centers for Disease Control and Prevention, $123,570,000:
Provided, That paragraphs (1) through (3) of subsection (b) of section
2821 of the PHS Act shall not apply to funds appropriated under
this heading and in all other accounts of the CDC: Provided further,
That of the amounts made available under this heading,
$10,000,000, to remain available until expended, shall be available
to the Director of the CDC for deposit in the Infectious Diseases
Rapid Response Reserve Fund established by section 231 of division
B of Public Law 115–245: Provided further, That funds appropriated
under this heading may be used to support a contract for the
operation and maintenance of an aircraft in direct support of activities throughout CDC to ensure the agency is prepared to address
public health preparedness emergencies: Provided further, That
employees of CDC or the Public Health Service, both civilian and
commissioned officers, detailed to States, municipalities, or other
organizations under authority of section 214 of the PHS Act, or
in overseas assignments, shall be treated as non-Federal employees
for reporting purposes only and shall not be included within any
personnel ceiling applicable to the Agency, Service, or HHS during
the period of detail or assignment: Provided further, That CDC
may use up to $10,000 from amounts appropriated to CDC in
this Act for official reception and representation expenses when
specifically approved by the Director of CDC: Provided further,
That in addition, such sums as may be derived from authorized
user fees, which shall be credited to the appropriation charged
with the cost thereof: Provided further, That with respect to the
previous proviso, authorized user fees from the Vessel Sanitation
Program and the Respirator Certification Program shall be available
through September 30, 2022.
NATIONAL INSTITUTES

OF

Contracts.

Detailees.

HEALTH

NATIONAL CANCER INSTITUTE

For carrying out section 301 and title IV of the PHS Act
with respect to cancer, $6,364,852,000, of which up to $30,000,000
may be used for facilities repairs and improvements at the National
Cancer Institute—Frederick Federally Funded Research and
Development Center in Frederick, Maryland.
NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

For carrying out section 301 and title IV of the PHS Act
with respect to cardiovascular, lung, and blood diseases, and blood
and blood products, $3,664,811,000.

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NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL RESEARCH

For carrying out section 301 and title IV of the PHS Act
with respect to dental and craniofacial diseases, $484,867,000.

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134 STAT. 1574

PUBLIC LAW 116–260—DEC. 27, 2020
NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND KIDNEY
DISEASES

For carrying out section 301 and title IV of the PHS Act
with respect to diabetes and digestive and kidney disease,
$2,131,975,000.
NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS AND STROKE

For carrying out section 301 and title IV of the PHS Act
with respect to neurological disorders and stroke, $2,463,393,000.
NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES

For carrying out section 301 and title IV of the PHS Act
with respect to allergy and infectious diseases, $6,069,619,000.
NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES

For carrying out section 301 and title IV of the PHS Act
with respect to general medical sciences, $2,991,417,000, of which
$1,271,505,000 shall be from funds available under section 241
of the PHS Act: Provided, That not less than $396,573,000 is
provided for the Institutional Development Awards program.
EUNICE KENNEDY SHRIVER NATIONAL INSTITUTE OF CHILD HEALTH
AND HUMAN DEVELOPMENT

For carrying out section 301 and title IV of the PHS Act
with respect to child health and human development,
$1,590,337,000.
NATIONAL EYE INSTITUTE

For carrying out section 301 and title IV of the PHS Act
with respect to eye diseases and visual disorders, $835,714,000.
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES

For carrying out section 301 and title IV of the PHS Act
with respect to environmental health sciences, $814,675,000.
NATIONAL INSTITUTE ON AGING

For carrying out section 301 and title IV of the PHS Act
with respect to aging, $3,899,227,000.
NATIONAL INSTITUTE OF ARTHRITIS AND MUSCULOSKELETAL AND SKIN
DISEASES

For carrying out section 301 and title IV of the PHS Act
with respect to arthritis and musculoskeletal and skin diseases,
$634,292,000.

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NATIONAL INSTITUTE ON DEAFNESS AND OTHER COMMUNICATION
DISORDERS

For carrying out section 301 and title IV of the PHS Act
with respect to deafness and other communication disorders,
$498,076,000.

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134 STAT. 1575

NATIONAL INSTITUTE OF NURSING RESEARCH

For carrying out section 301 and title IV of the PHS Act
with respect to nursing research, $174,957,000.
NATIONAL INSTITUTE ON ALCOHOL ABUSE AND ALCOHOLISM

For carrying out section 301 and title IV of the PHS Act
with respect to alcohol abuse and alcoholism, $554,923,000.
NATIONAL INSTITUTE ON DRUG ABUSE

For carrying out section 301 and title IV of the PHS Act
with respect to drug abuse, $1,479,660,000.
NATIONAL INSTITUTE OF MENTAL HEALTH

For carrying out section 301 and title IV of the PHS Act
with respect to mental health, $2,053,708,000.
NATIONAL HUMAN GENOME RESEARCH INSTITUTE

For carrying out section 301 and title IV of the PHS Act
with respect to human genome research, $615,780,000.
NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND BIOENGINEERING

For carrying out section 301 and title IV of the PHS Act
with respect to biomedical imaging and bioengineering research,
$410,728,000.
NATIONAL CENTER FOR COMPLEMENTARY AND INTEGRATIVE HEALTH

For carrying out section 301 and title IV of the PHS Act
with respect to complementary and integrative health,
$154,162,000.
NATIONAL INSTITUTE ON MINORITY HEALTH AND HEALTH DISPARITIES

For carrying out section 301 and title IV of the PHS Act
with respect to minority health and health disparities research,
$390,865,000: Provided, That funds may be used to implement
a reorganization that is presented to an advisory council in a
public meeting and for which the Committees on Appropriations
of the House of Representatives and the Senate have been notified
30 days in advance.

Public
information.
Notification.
Time period.

JOHN E. FOGARTY INTERNATIONAL CENTER

For carrying out the activities of the John E. Fogarty International Center (described in subpart 2 of part E of title IV of
the PHS Act), $84,044,000.

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NATIONAL LIBRARY OF MEDICINE

For carrying out section 301 and title IV of the PHS Act
with respect to health information communications, $463,787,000:
Provided, That of the amounts available for improvement of
information systems, $4,000,000 shall be available until September

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134 STAT. 1576
Contracts.

PUBLIC LAW 116–260—DEC. 27, 2020

30, 2022: Provided further, That in fiscal year 2021, the National
Library of Medicine may enter into personal services contracts
for the provision of services in facilities owned, operated, or constructed under the jurisdiction of the National Institutes of Health
(referred to in this title as ‘‘NIH’’).
NATIONAL CENTER FOR ADVANCING TRANSLATIONAL SCIENCES

For carrying out section 301 and title IV of the PHS Act
with respect to translational sciences, $855,421,000: Provided, That
up to $60,000,000 shall be available to implement section 480
of the PHS Act, relating to the Cures Acceleration Network: Provided further, That at least $586,841,000 is provided to the Clinical
and Translational Sciences Awards program.
OFFICE OF THE DIRECTOR
(INCLUDING TRANSFER OF FUNDS)

Study.

Grants.

Grants.

Time period.
Advance
approval.

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Consultation.
Audit plan.
Deadline.

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For carrying out the responsibilities of the Office of the Director,
NIH, $2,411,110,000: Provided, That funding shall be available
for the purchase of not to exceed 29 passenger motor vehicles
for replacement only: Provided further, That all funds credited
to the NIH Management Fund shall remain available for one fiscal
year after the fiscal year in which they are deposited: Provided
further, That $180,000,000 shall be for the Environmental Influences on Child Health Outcomes study: Provided further, That
$635,939,000 shall be available for the Common Fund established
under section 402A(c)(1) of the PHS Act: Provided further, That
of the funds provided, $10,000 shall be for official reception and
representation expenses when specifically approved by the Director
of the NIH: Provided further, That the Office of AIDS Research
within the Office of the Director of the NIH may spend up to
$8,000,000 to make grants for construction or renovation of facilities
as provided for in section 2354(a)(5)(B) of the PHS Act: Provided
further, That $50,000,000 shall be used to carry out section 404I
of the PHS Act (42 U.S.C. 283K), relating to biomedical and behavioral research facilities: Provided further, That $5,000,000 shall
be transferred to and merged with the appropriation for the ‘‘Office
of Inspector General’’ for oversight of grant programs and operations
of the NIH, including agency efforts to ensure the integrity of
its grant application evaluation and selection processes, and shall
be in addition to funds otherwise made available for oversight
of the NIH: Provided further, That the funds provided in the previous proviso may be transferred from one specified activity to
another with 15 days prior approval of the Committees on Appropriations of the House of Representatives and the Senate: Provided
further, That the Inspector General shall consult with the Committees on Appropriations of the House of Representatives and the
Senate before submitting to the Committees an audit plan for
fiscal years 2021 and 2022 no later than 30 days after the date
of enactment of this Act.
In addition to other funds appropriated for the Common Fund
established under section 402A(c) of the PHS Act, $12,600,000
is appropriated to the Common Fund from the 10-year Pediatric
Research Initiative Fund described in section 9008 of title 26,
United States Code, for the purpose of carrying out section

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1577

402(b)(7)(B)(ii) of the PHS Act (relating to pediatric research), as
authorized in the Gabriella Miller Kids First Research Act.
BUILDINGS AND FACILITIES

For the study of, construction of, demolition of, renovation
of, and acquisition of equipment for, facilities of or used by NIH,
including the acquisition of real property, $200,000,000, to remain
available through September 30, 2025.
NIH INNOVATION ACCOUNT, CURES ACT
(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out the purposes described
in section 1001(b)(4) of the 21st Century Cures Act, in addition
to amounts available for such purposes in the appropriations provided to the NIH in this Act, $404,000,000, to remain available
until expended: Provided, That such amounts are appropriated
pursuant to section 1001(b)(3) of such Act, are to be derived from
amounts transferred under section 1001(b)(2)(A) of such Act, and
may be transferred by the Director of the National Institutes of
Health to other accounts of the National Institutes of Health solely
for the purposes provided in such Act: Provided further, That upon
a determination by the Director that funds transferred pursuant
to the previous proviso are not necessary for the purposes provided,
such amounts may be transferred back to the Account: Provided
further, That the transfer authority provided under this heading
is in addition to any other transfer authority provided by law.
SUBSTANCE ABUSE

AND

Determination.

MENTAL HEALTH SERVICES ADMINISTRATION

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MENTAL HEALTH

For carrying out titles III, V, and XIX of the PHS Act with
respect to mental health, and the Protection and Advocacy for
Individuals with Mental Illness Act, $1,759,236,000: Provided, That
of the funds made available under this heading, $71,887,000 shall
be for the National Child Traumatic Stress Initiative: Provided
further, That notwithstanding section 520A(f)(2) of the PHS Act,
no funds appropriated for carrying out section 520A shall be available for carrying out section 1971 of the PHS Act: Provided further,
That in addition to amounts provided herein, $21,039,000 shall
be available under section 241 of the PHS Act to carry out subpart
I of part B of title XIX of the PHS Act to fund section 1920(b)
technical assistance, national data, data collection and evaluation
activities, and further that the total available under this Act for
section 1920(b) activities shall not exceed 5 percent of the amounts
appropriated for subpart I of part B of title XIX: Provided further,
That of the funds made available under this heading for subpart
I of part B of title XIX of the PHS Act, $35,000,000 shall be
available to support evidence-based crisis systems: Provided further,
That up to 10 percent of the amounts made available to carry
out the Children’s Mental Health Services program may be used
to carry out demonstration grants or contracts for early interventions with persons not more than 25 years of age at clinical high
risk of developing a first episode of psychosis: Provided further,
That section 520E(b)(2) of the PHS Act shall not apply to funds

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Grants.
Contracts.

PUBL260A

134 STAT. 1578

PUBLIC LAW 116–260—DEC. 27, 2020

appropriated in this Act for fiscal year 2021: Provided further,
That States shall expend at least 10 percent of the amount each
receives for carrying out section 1911 of the PHS Act to support
evidence-based programs that address the needs of individuals with
early serious mental illness, including psychotic disorders, regardless of the age of the individual at onset: Provided further, That
$250,000,000 shall be available until September 30, 2023 for grants
to communities and community organizations who meet criteria
for Certified Community Behavioral Health Clinics pursuant to
section 223(a) of Public Law 113–93: Provided further, That none
of the funds provided for section 1911 of the PHS Act shall be
subject to section 241 of such Act: Provided further, That of the
funds made available under this heading, $21,000,000 shall be
to carry out section 224 of the Protecting Access to Medicare Act
of 2014 (Public Law 113–93; 42 U.S.C. 290aa 22 note).

Grants.

SUBSTANCE ABUSE TREATMENT

Grants.

Allocations.
Determination.

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Time period.
Publication.

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For carrying out titles III and V of the PHS Act with respect
to substance abuse treatment and title XIX of such Act with respect
to substance abuse treatment and prevention, and the SUPPORT
for Patients and Communities Act, $3,773,556,000: Provided, That
$1,500,000,000 shall be for State Opioid Response Grants for carrying out activities pertaining to opioids and stimulants undertaken
by the State agency responsible for administering the substance
abuse prevention and treatment block grant under subpart II of
part B of title XIX of the PHS Act (42 U.S.C. 300x–21 et seq.):
Provided further, That of such amount $50,000,000 shall be made
available to Indian Tribes or tribal organizations: Provided further,
That 15 percent of the remaining amount shall be for the States
with the highest mortality rate related to opioid use disorders:
Provided further, That of the amounts provided for State Opioid
Response Grants not more than 2 percent shall be available for
Federal administrative expenses, training, technical assistance, and
evaluation: Provided further, That of the amount not reserved by
the previous three provisos, the Secretary shall make allocations
to States, territories, and the District of Columbia according to
a formula using national survey results that the Secretary determines are the most objective and reliable measure of drug use
and drug-related deaths: Provided further, That the Secretary shall
submit the formula methodology to the Committees on Appropriations of the House of Representatives and the Senate not less
than 15 days prior to publishing a Funding Opportunity Announcement: Provided further, That prevention and treatment activities
funded through such grants may include education, treatment
(including the provision of medication), behavioral health services
for individuals in treatment programs, referral to treatment services, recovery support, and medical screening associated with such
treatment: Provided further, That each State, as well as the District
of Columbia, shall receive not less than $4,000,000: Provided further, That in addition to amounts provided herein, the following
amounts shall be available under section 241 of the PHS Act:
(1) $79,200,000 to carry out subpart II of part B of title XIX
of the PHS Act to fund section 1935(b) technical assistance, national
data, data collection and evaluation activities, and further that
the total available under this Act for section 1935(b) activities
shall not exceed 5 percent of the amounts appropriated for subpart

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1579

II of part B of title XIX; and (2) $2,000,000 to evaluate substance
abuse treatment programs: Provided further, That none of the funds
provided for section 1921 of the PHS Act or State Opioid Response
Grants shall be subject to section 241 of such Act.
SUBSTANCE ABUSE PREVENTION

For carrying out titles III and V of the PHS Act with respect
to substance abuse prevention, $208,219,000.
HEALTH SURVEILLANCE AND PROGRAM SUPPORT

For program support and cross-cutting activities that supplement activities funded under the headings ‘‘Mental Health’’, ‘‘Substance Abuse Treatment’’, and ‘‘Substance Abuse Prevention’’ in
carrying out titles III, V, and XIX of the PHS Act and the Protection
and Advocacy for Individuals with Mental Illness Act in the Substance Abuse and Mental Health Services Administration,
$128,830,000: Provided, That in addition to amounts provided
herein, $31,428,000 shall be available under section 241 of the
PHS Act to supplement funds available to carry out national surveys
on drug abuse and mental health, to collect and analyze program
data, and to conduct public awareness and technical assistance
activities: Provided further, That, in addition, fees may be collected
for the costs of publications, data, data tabulations, and data analysis completed under title V of the PHS Act and provided to a
public or private entity upon request, which shall be credited to
this appropriation and shall remain available until expended for
such purposes: Provided further, That amounts made available in
this Act for carrying out section 501(o) of the PHS Act shall remain
available through September 30, 2022: Provided further, That funds
made available under this heading may be used to supplement
program support funding provided under the headings ‘‘Mental
Health’’, ‘‘Substance Abuse Treatment’’, and ‘‘Substance Abuse
Prevention’’.
AGENCY

FOR

HEALTHCARE RESEARCH

AND

Fees.

QUALITY

HEALTHCARE RESEARCH AND QUALITY

For carrying out titles III and IX of the PHS Act, part A
of title XI of the Social Security Act, and section 1013 of the
Medicare Prescription Drug, Improvement, and Modernization Act
of 2003, $338,000,000: Provided, That section 947(c) of the PHS
Act shall not apply in fiscal year 2021: Provided further, That
in addition, amounts received from Freedom of Information Act
fees, reimbursable and interagency agreements, and the sale of
data shall be credited to this appropriation and shall remain available until September 30, 2022.
CENTERS

FOR

MEDICARE & MEDICAID SERVICES

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GRANTS TO STATES FOR MEDICAID

For carrying out, except as otherwise provided, titles XI and
XIX of the Social Security Act, $313,904,098,000, to remain available until expended.

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134 STAT. 1580

PUBLIC LAW 116–260—DEC. 27, 2020

For making, after May 31, 2021, payments to States under
title XIX or in the case of section 1928 on behalf of States under
title XIX of the Social Security Act for the last quarter of fiscal
year 2021 for unanticipated costs incurred for the current fiscal
year, such sums as may be necessary.
For making payments to States or in the case of section 1928
on behalf of States under title XIX of the Social Security Act
for the first quarter of fiscal year 2022, $148,732,315,000, to remain
available until expended.
Payment under such title XIX may be made for any quarter
with respect to a State plan or plan amendment in effect during
such quarter, if submitted in or prior to such quarter and approved
in that or any subsequent quarter.
PAYMENTS TO THE HEALTH CARE TRUST FUNDS

For payment to the Federal Hospital Insurance Trust Fund
and the Federal Supplementary Medical Insurance Trust Fund,
as provided under sections 217(g), 1844, and 1860D–16 of the Social
Security Act, sections 103(c) and 111(d) of the Social Security
Amendments of 1965, section 278(d)(3) of Public Law 97–248, and
for administrative expenses incurred pursuant to section 201(g)
of the Social Security Act, $439,514,000,000.
In addition, for making matching payments under section 1844
and benefit payments under section 1860D–16 of the Social Security
Act that were not anticipated in budget estimates, such sums as
may be necessary.
PROGRAM MANAGEMENT

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Fees.

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For carrying out, except as otherwise provided, titles XI, XVIII,
XIX, and XXI of the Social Security Act, titles XIII and XXVII
of the PHS Act, the Clinical Laboratory Improvement Amendments
of 1988, and other responsibilities of the Centers for Medicare
& Medicaid Services, not to exceed $3,669,744,000, to be transferred
from the Federal Hospital Insurance Trust Fund and the Federal
Supplementary Medical Insurance Trust Fund, as authorized by
section 201(g) of the Social Security Act; together with all funds
collected in accordance with section 353 of the PHS Act and section
1857(e)(2) of the Social Security Act, funds retained by the Secretary
pursuant to section 1893(h) of the Social Security Act, and such
sums as may be collected from authorized user fees and the sale
of data, which shall be credited to this account and remain available
until expended: Provided, That all funds derived in accordance
with 31 U.S.C. 9701 from organizations established under title
XIII of the PHS Act shall be credited to and available for carrying
out the purposes of this appropriation: Provided further, That the
Secretary is directed to collect fees in fiscal year 2021 from Medicare
Advantage organizations pursuant to section 1857(e)(2) of the Social
Security Act and from eligible organizations with risk-sharing contracts under section 1876 of that Act pursuant to section
1876(k)(4)(D) of that Act: Provided further, That of the amount
made available under this heading, $397,334,000 shall remain available until September 30, 2022, and shall be available for the Survey
and Certification Program: Provided further, That amounts available under this heading to support quality improvement organizations (as defined in section 1152 of the Social Security Act) shall
not exceed the amount specifically provided for such purpose under

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1581

this heading in division H of the Consolidated Appropriations Act,
2018 (Public Law 115–141).
HEALTH CARE FRAUD AND ABUSE CONTROL ACCOUNT

In addition to amounts otherwise available for program integrity and program management, $807,000,000, to remain available
through September 30, 2022, to be transferred from the Federal
Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund, as authorized by section 201(g)
of the Social Security Act, of which $616,000,000 shall be for the
Centers for Medicare & Medicaid Services program integrity activities, of which $99,000,000 shall be for the Department of Health
and Human Services Office of Inspector General to carry out fraud
and abuse activities authorized by section 1817(k)(3) of such Act,
and of which $92,000,000 shall be for the Department of Justice
to carry out fraud and abuse activities authorized by section
1817(k)(3) of such Act: Provided, That the report required by section
1817(k)(5) of the Social Security Act for fiscal year 2021 shall
include measures of the operational efficiency and impact on fraud,
waste, and abuse in the Medicare, Medicaid, and CHIP programs
for the funds provided by this appropriation: Provided further,
That of the amount provided under this heading, $311,000,000
is provided to meet the terms of section 251(b)(2)(C)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, and $496,000,000 is additional new budget authority
specified for purposes of section 251(b)(2)(C) of such Act: Provided
further, That the Secretary shall provide not less than $20,000,000
from amounts made available under this heading and amounts
made available for fiscal year 2021 under section 1817(k)(3)(A)
of the Social Security Act for the Senior Medicare Patrol program
to combat health care fraud and abuse.
ADMINISTRATION

FOR

CHILDREN

AND

FAMILIES

PAYMENTS TO STATES FOR CHILD SUPPORT ENFORCEMENT AND
FAMILY SUPPORT PROGRAMS

For carrying out, except as otherwise provided, titles I, IV–
D, X, XI, XIV, and XVI of the Social Security Act and the Act
of July 5, 1960, $3,039,000,000, to remain available until expended;
and for such purposes for the first quarter of fiscal year 2022,
$1,400,000,000, to remain available until expended.
For carrying out, after May 31 of the current fiscal year, except
as otherwise provided, titles I, IV–D, X, XI, XIV, and XVI of the
Social Security Act and the Act of July 5, 1960, for the last 3
months of the current fiscal year for unanticipated costs, incurred
for the current fiscal year, such sums as may be necessary.

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LOW INCOME HOME ENERGY ASSISTANCE

For making payments under subsections (b) and (d) of section
2602 of the Low-Income Home Energy Assistance Act of 1981 (42
U.S.C. 8621 et seq.), $3,750,304,000: Provided, That notwithstanding section 2609A(a) of such Act, not more than $3,500,000
may be reserved by the Secretary of Health and Human Services
for technical assistance, training, and monitoring of program activities for compliance with internal controls, policies and procedures

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134 STAT. 1582

PUBLIC LAW 116–260—DEC. 27, 2020

and the Secretary may, in addition to the authorities provided
in section 2609A(a)(1), use such funds through contracts with private entities that do not qualify as nonprofit organizations: Provided
further, That all but $760,000,000 of the amount appropriated under
this heading shall be allocated as though the total appropriation
for such payments for fiscal year 2021 was less than $1,975,000,000:
Provided further, That, after applying all applicable provisions of
section 2604 of such Act and the previous proviso, each State
or territory that would otherwise receive an allocation that is less
than 97 percent of the amount that it received under this heading
for fiscal year 2020 from amounts appropriated in Public Law
116–94 shall have its allocation increased to that 97 percent level,
with the portions of other States’ and territories’ allocations that
would exceed 100 percent of the amounts they respectively received
in such fashion for fiscal year 2020 being ratably reduced.
REFUGEE AND ENTRANT ASSISTANCE
(INCLUDING TRANSFER OF FUNDS)

Applicability.

For necessary expenses for refugee and entrant assistance
activities authorized by section 414 of the Immigration and Nationality Act and section 501 of the Refugee Education Assistance
Act of 1980, and for carrying out section 462 of the Homeland
Security Act of 2002, section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, the Trafficking Victims Protection Act of 2000 (‘‘TVPA’’), and the Torture
Victims Relief Act of 1998, $1,910,201,000, of which $1,864,446,000
shall remain available through September 30, 2023 for carrying
out such sections 414, 501, 462, and 235: Provided, That amounts
available under this heading to carry out the TVPA shall also
be available for research and evaluation with respect to activities
under such Act: Provided further, That the limitation in section
205 of this Act regarding transfers increasing any appropriation
shall apply to transfers to appropriations under this heading by
substituting ‘‘15 percent’’ for ‘‘3 percent’’: Provided further, That
the contribution of funds requirement under section 235(c)(6)(C)(iii)
of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 shall not apply to funds made available under
this heading.
PAYMENTS TO STATES FOR THE CHILD CARE AND DEVELOPMENT
BLOCK GRANT

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Contracts.

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For carrying out the Child Care and Development Block Grant
Act of 1990 (‘‘CCDBG Act’’), $5,911,000,000 shall be used to supplement, not supplant State general revenue funds for child care
assistance for low-income families: Provided, That technical assistance under section 658I(a)(3) of such Act may be provided directly,
or through the use of contracts, grants, cooperative agreements,
or interagency agreements: Provided further, That all funds made
available to carry out section 418 of the Social Security Act (42
U.S.C. 618), including funds appropriated for that purpose in such
section 418 or any other provision of law, shall be subject to the
reservation of funds authority in paragraphs (4) and (5) of section
658O(a) of the CCDBG Act: Provided further, That in addition
to the amounts required to be reserved by the Secretary under

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1583

section 658O(a)(2)(A) of such Act, $177,330,000 shall be for Indian
tribes and tribal organizations.
SOCIAL SERVICES BLOCK GRANT

For making grants to States pursuant to section 2002 of the
Social Security Act, $1,700,000,000: Provided, That notwithstanding
subparagraph (B) of section 404(d)(2) of such Act, the applicable
percent specified under such subparagraph for a State to carry
out State programs pursuant to title XX–A of such Act shall be
10 percent.

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CHILDREN AND FAMILIES SERVICES PROGRAMS

For carrying out, except as otherwise provided, the Runaway
and Homeless Youth Act, the Head Start Act, the Every Student
Succeeds Act, the Child Abuse Prevention and Treatment Act, sections 303 and 313 of the Family Violence Prevention and Services
Act, the Native American Programs Act of 1974, title II of the
Child Abuse Prevention and Treatment and Adoption Reform Act
of 1978 (adoption opportunities), part B–1 of title IV and sections
429, 473A, 477(i), 1110, 1114A, and 1115 of the Social Security
Act, and the Community Services Block Grant Act (‘‘CSBG Act’’);
and for necessary administrative expenses to carry out titles I,
IV, V, X, XI, XIV, XVI, and XX–A of the Social Security Act,
the Act of July 5, 1960, the Low-Income Home Energy Assistance
Act of 1981, the Child Care and Development Block Grant Act
of 1990, the Assets for Independence Act, title IV of the Immigration
and Nationality Act, and section 501 of the Refugee Education
Assistance Act of 1980, $13,040,511,000, of which $75,000,000, to
remain available through September 30, 2022, shall be for grants
to States for adoption and legal guardianship incentive payments,
as defined by section 473A of the Social Security Act and may
be made for adoptions and legal guardianships completed before
September 30, 2021: Provided, That $10,748,095,000 shall be for
making payments under the Head Start Act, including for Early
Head Start-Child Care Partnerships, and, of which, notwithstanding
section 640 of such Act:
(1) $123,000,000 shall be available for a cost of living
adjustment, and with respect to any continuing appropriations
act, funding available for a cost of living adjustment shall
not be construed as an authority or condition under this Act;
(2) $25,000,000 shall be available for allocation by the
Secretary to supplement activities described in paragraphs
(7)(B) and (9) of section 641(c) of the Head Start Act under
the Designation Renewal System, established under the
authority of sections 641(c)(7), 645A(b)(12), and 645A(d) of such
Act, and such funds shall not be included in the calculation
of ‘‘base grant’’ in subsequent fiscal years, as such term is
used in section 640(a)(7)(A) of such Act;
(3) $10,000,000 shall be available to migrant and seasonal
Head Start programs, in addition to funds made available for
migrant and seasonal Head Start programs under section 640(a)
of the Head Start Act, for the purposes of quality improvement
consistent with section 640(a)(5) of such Act except that any
amount of the funds may be used on any of the activities
in such section 640(a)(5): Provided further, That funds derived
from a migrant and seasonal Head Start program held by

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Grants.

Allocations.

PUBL260A

134 STAT. 1584

Procedures.
Time period.
42 USC 9921
note.

42 USC 9921
note.

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Applicability.
42 USC 9921
note.

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PUBLIC LAW 116–260—DEC. 27, 2020

the Secretary as a result of recapturing, withholding, or
reducing a base grant that were unable to be redistributed
consistent with section 641A(h)(6)(A)(ii) of such Act shall be
added to the amount in this paragraph;
(4) $4,000,000 shall be available for the purposes of
maintaining the Tribal Colleges and Universities Head Start
Partnership Program consistent with section 648(g) of such
Act; and
(5) $21,000,000 shall be available to supplement funding
otherwise available for research, evaluation, and Federal
administrative costs:
Provided further, That the Secretary may reduce the reservation
of funds under section 640(a)(2)(C) of such Act in lieu of reducing
the reservation of funds under sections 640(a)(2)(B), 640(a)(2)(D),
and 640(a)(2)(E) of such Act: Provided further, That $275,000,000
shall be available until December 31, 2021 for carrying out sections
9212 and 9213 of the Every Student Succeeds Act: Provided further,
That up to 3 percent of the funds in the preceding proviso shall
be available for technical assistance and evaluation related to grants
awarded under such section 9212: Provided further, That
$775,383,000 shall be for making payments under the CSBG Act:
Provided further, That $30,383,000 shall be for section 680 of the
CSBG Act, of which not less than $20,383,000 shall be for section
680(a)(2) and not less than $10,000,000 shall be for section
680(a)(3)(B) of such Act: Provided further, That, notwithstanding
section 675C(a)(3) of the CSBG Act, to the extent Community Services Block Grant funds are distributed as grant funds by a State
to an eligible entity as provided under such Act, and have not
been expended by such entity, they shall remain with such entity
for carryover into the next fiscal year for expenditure by such
entity consistent with program purposes: Provided further, That
the Secretary shall establish procedures regarding the disposition
of intangible assets and program income that permit such assets
acquired with, and program income derived from, grant funds
authorized under section 680 of the CSBG Act to become the sole
property of such grantees after a period of not more than 12
years after the end of the grant period for any activity consistent
with section 680(a)(2)(A) of the CSBG Act: Provided further, That
intangible assets in the form of loans, equity investments and
other debt instruments, and program income may be used by
grantees for any eligible purpose consistent with section 680(a)(2)(A)
of the CSBG Act: Provided further, That these procedures shall
apply to such grant funds made available after November 29, 1999:
Provided further, That funds appropriated for section 680(a)(2) of
the CSBG Act shall be available for financing construction and
rehabilitation and loans or investments in private business enterprises owned by community development corporations: Provided
further, That $182,500,000 shall be for carrying out section 303(a)
of the Family Violence Prevention and Services Act, of which
$7,000,000 shall be allocated notwithstanding section 303(a)(2) of
such Act for carrying out section 309 of such Act: Provided further,
That the percentages specified in section 112(a)(2) of the Child
Abuse Prevention and Treatment Act shall not apply to funds
appropriated under this heading: Provided further, That $1,864,000
shall be for a human services case management system for federally
declared disasters, to include a comprehensive national case
management contract and Federal costs of administering the

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134 STAT. 1585

system: Provided further, That up to $2,000,000 shall be for
improving the Public Assistance Reporting Information System,
including grants to States to support data collection for a study
of the system’s effectiveness.
PROMOTING SAFE AND STABLE FAMILIES

For carrying out, except as otherwise provided, section 436
of the Social Security Act, $345,000,000 and, for carrying out,
except as otherwise provided, section 437 of such Act, $82,515,000:
Provided, That of the funds available to carry out section 437,
$59,765,000 shall be allocated consistent with subsections (b)
through (d) of such section: Provided further, That of the funds
available to carry out section 437, to assist in meeting the requirements described in section 471(e)(4)(C), $20,000,000 shall be for
grants to each State, territory, and Indian tribe operating title
IV–E plans for developing, enhancing, or evaluating kinship navigator programs, as described in section 427(a)(1) of such Act and
$2,750,000, in addition to funds otherwise appropriated in section
476 for such purposes, shall be for the Family First Clearinghouse:
Provided further, That section 437(b)(1) shall be applied to amounts
in the previous proviso by substituting ‘‘5 percent’’ for ‘‘3.3 percent’’,
and notwithstanding section 436(b)(1), such reserved amounts may
be used for identifying, establishing, and disseminating practices
to meet the criteria specified in section 471(e)(4)(C): Provided further, That the reservation in section 437(b)(2) and the limitations
in section 437(d) shall not apply to funds specified in the second
proviso: Provided further, That the minimum grant award for kinship navigator programs in the case of States and territories shall
be $200,000, and, in the case of tribes, shall be $25,000.

Allocations.

Applicability.

PAYMENTS FOR FOSTER CARE AND PERMANENCY

For carrying out, except as otherwise provided, title IV–E of
the Social Security Act, $7,012,000,000.
For carrying out, except as otherwise provided, title IV–E of
the Social Security Act, for the first quarter of fiscal year 2022,
$3,000,000,000.
For carrying out, after May 31 of the current fiscal year, except
as otherwise provided, section 474 of title IV–E of the Social Security Act, for the last 3 months of the current fiscal year for unanticipated costs, incurred for the current fiscal year, such sums as
may be necessary.
ADMINISTRATION

FOR

COMMUNITY LIVING

AGING AND DISABILITY SERVICES PROGRAMS

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(INCLUDING TRANSFER OF FUNDS)

For carrying out, to the extent not otherwise provided, the
Older Americans Act of 1965 (‘‘OAA’’), the RAISE Family Caregivers
Act, the Supporting Grandparents Raising Grandchildren Act, titles
III and XXIX of the PHS Act, sections 1252 and 1253 of the
PHS Act, section 119 of the Medicare Improvements for Patients
and Providers Act of 2008, title XX–B of the Social Security Act,
the Developmental Disabilities Assistance and Bill of Rights Act,
parts 2 and 5 of subtitle D of title II of the Help America Vote

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Notice.
Deadline.

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PUBLIC LAW 116–260—DEC. 27, 2020

Act of 2002, the Assistive Technology Act of 1998, titles II and
VII (and section 14 with respect to such titles) of the Rehabilitation
Act of 1973, and for Department-wide coordination of policy and
program activities that assist individuals with disabilities,
$2,206,000,000, together with $52,115,000 to be transferred from
the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund to carry out section 4360
of the Omnibus Budget Reconciliation Act of 1990: Provided, That
amounts appropriated under this heading may be used for grants
to States under section 361 of the OAA only for disease prevention
and health promotion programs and activities which have been
demonstrated through rigorous evaluation to be evidence-based and
effective: Provided further, That of amounts made available under
this heading to carry out sections 311, 331, and 336 of the OAA,
up to one percent of such amounts shall be available for developing
and implementing evidence-based practices for enhancing senior
nutrition, including medically-tailored meals: Provided further, That
notwithstanding any other provision of this Act, funds made available under this heading to carry out section 311 of the OAA may
be transferred to the Secretary of Agriculture in accordance with
such section: Provided further, That $2,000,000 shall be for competitive grants to support alternative financing programs that provide
for the purchase of assistive technology devices, such as a lowinterest loan fund; an interest buy-down program; a revolving loan
fund; a loan guarantee; or an insurance program: Provided further,
That applicants shall provide an assurance that, and information
describing the manner in which, the alternative financing program
will expand and emphasize consumer choice and control: Provided
further, That State agencies and community-based disability
organizations that are directed by and operated for individuals
with disabilities shall be eligible to compete: Provided further, That
none of the funds made available under this heading may be used
by an eligible system (as defined in section 102 of the Protection
and Advocacy for Individuals with Mental Illness Act (42 U.S.C.
10802)) to continue to pursue any legal action in a Federal or
State court on behalf of an individual or group of individuals with
a developmental disability (as defined in section 102(8)(A) of the
Developmental Disabilities and Assistance and Bill of Rights Act
of 2000 (20 U.S.C. 15002(8)(A)) that is attributable to a mental
impairment (or a combination of mental and physical impairments),
that has as the requested remedy the closure of State operated
intermediate care facilities for people with intellectual or developmental disabilities, unless reasonable public notice of the action
has been provided to such individuals (or, in the case of mental
incapacitation, the legal guardians who have been specifically
awarded authority by the courts to make healthcare and residential
decisions on behalf of such individuals) who are affected by such
action, within 90 days of instituting such legal action, which informs
such individuals (or such legal guardians) of their legal rights
and how to exercise such rights consistent with current Federal
Rules of Civil Procedure: Provided further, That the limitations
in the immediately preceding proviso shall not apply in the case
of an individual who is neither competent to consent nor has a
legal guardian, nor shall the proviso apply in the case of individuals
who are a ward of the State or subject to public guardianship.

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PUBLIC LAW 116–260—DEC. 27, 2020
OFFICE

OF THE

134 STAT. 1587

SECRETARY

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GENERAL DEPARTMENTAL MANAGEMENT

For necessary expenses, not otherwise provided, for general
departmental management, including hire of six passenger motor
vehicles, and for carrying out titles III, XVII, XXI, and section
229 of the PHS Act, the United States-Mexico Border Health
Commission Act, and research studies under section 1110 of the
Social Security Act, $485,794,000, together with $64,828,000 from
the amounts available under section 241 of the PHS Act to carry
out national health or human services research and evaluation
activities: Provided, That of this amount, $55,400,000 shall be for
minority AIDS prevention and treatment activities: Provided further, That of the funds made available under this heading,
$101,000,000 shall be for making competitive contracts and grants
to public and private entities to fund medically accurate and age
appropriate programs that reduce teen pregnancy and for the Federal costs associated with administering and evaluating such contracts and grants, of which not more than 10 percent of the available
funds shall be for training and technical assistance, evaluation,
outreach, and additional program support activities, and of the
remaining amount 75 percent shall be for replicating programs
that have been proven effective through rigorous evaluation to
reduce teenage pregnancy, behavioral risk factors underlying teenage pregnancy, or other associated risk factors, and 25 percent
shall be available for research and demonstration grants to develop,
replicate, refine, and test additional models and innovative strategies for preventing teenage pregnancy: Provided further, That of
the amounts provided under this heading from amounts available
under section 241 of the PHS Act, $6,800,000 shall be available
to carry out evaluations (including longitudinal evaluations) of teenage pregnancy prevention approaches: Provided further, That of
the funds made available under this heading, $35,000,000 shall
be for making competitive grants which exclusively implement education in sexual risk avoidance (defined as voluntarily refraining
from non-marital sexual activity): Provided further, That funding
for such competitive grants for sexual risk avoidance shall use
medically accurate information referenced to peer-reviewed publications by educational, scientific, governmental, or health organizations; implement an evidence-based approach integrating research
findings with practical implementation that aligns with the needs
and desired outcomes for the intended audience; and teach the
benefits associated with self-regulation, success sequencing for poverty prevention, healthy relationships, goal setting, and resisting
sexual coercion, dating violence, and other youth risk behaviors
such as underage drinking or illicit drug use without normalizing
teen sexual activity: Provided further, That no more than 10 percent
of the funding for such competitive grants for sexual risk avoidance
shall be available for technical assistance and administrative costs
of such programs: Provided further, That funds provided in this
Act for embryo adoption activities may be used to provide to individuals adopting embryos, through grants and other mechanisms, medical and administrative services deemed necessary for such adoptions: Provided further, That such services shall be provided consistent with 42 CFR 59.5(a)(4): Provided further, That of the funds
made available under this heading, $5,000,000 shall be for carrying

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Sexual risk
avoidance.

Embryo adoption.

PUBL260A

134 STAT. 1588

PUBLIC LAW 116–260—DEC. 27, 2020

out prize competitions sponsored by the Office of the Secretary
to accelerate innovation in the prevention, diagnosis, and treatment
of kidney diseases (as authorized by section 24 of the StevensonWydler Technology Innovation Act of 1980 (15 U.S.C. 3719)).
MEDICARE HEARINGS AND APPEALS

For expenses necessary for Medicare hearings and appeals in
the Office of the Secretary, $191,881,000 shall remain available
until September 30, 2022, to be transferred in appropriate part
from the Federal Hospital Insurance Trust Fund and the Federal
Supplementary Medical Insurance Trust Fund.
OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH INFORMATION
TECHNOLOGY

For expenses necessary for the Office of the National Coordinator for Health Information Technology, including grants, contracts, and cooperative agreements for the development and
advancement of interoperable health information technology,
$62,367,000.
OFFICE OF INSPECTOR GENERAL

For expenses necessary for the Office of Inspector General,
including the hire of passenger motor vehicles for investigations,
in carrying out the provisions of the Inspector General Act of
1978, $80,000,000: Provided, That of such amount, necessary sums
shall be available for providing protective services to the Secretary
and investigating non-payment of child support cases for which
non-payment is a Federal offense under 18 U.S.C. 228.
OFFICE FOR CIVIL RIGHTS

For expenses necessary for the Office for Civil Rights,
$38,798,000.
RETIREMENT PAY AND MEDICAL BENEFITS FOR COMMISSIONED
OFFICERS

For retirement pay and medical benefits of Public Health
Service Commissioned Officers as authorized by law, for payments
under the Retired Serviceman’s Family Protection Plan and Survivor Benefit Plan, and for medical care of dependents and retired
personnel under the Dependents’ Medical Care Act, such amounts
as may be required during the current fiscal year.

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PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

For expenses necessary to support activities related to countering potential biological, nuclear, radiological, chemical, and
cybersecurity threats to civilian populations, and for other public
health emergencies, $1,085,458,000, of which $596,700,000 shall
remain available through September 30, 2022, for expenses necessary to support advanced research and development pursuant
to section 319L of the PHS Act and other administrative expenses
of the Biomedical Advanced Research and Development Authority:
Provided, That funds provided under this heading for the purpose
of acquisition of security countermeasures shall be in addition to

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1589

any other funds available for such purpose: Provided further, That
products purchased with funds provided under this heading may,
at the discretion of the Secretary, be deposited in the Strategic
National Stockpile pursuant to section 319F–2 of the PHS Act:
Provided further, That $5,000,000 of the amounts made available
to support emergency operations shall remain available through
September 30, 2023.
For expenses necessary for procuring security countermeasures
(as defined in section 319F–2(c)(1)(B) of the PHS Act), $770,000,000,
to remain available until expended.
For expenses necessary to carry out section 319F–2(a) of the
PHS Act, $705,000,000, to remain available until expended.
For an additional amount for expenses necessary to prepare
for or respond to an influenza pandemic, $287,000,000; of which
$252,000,000 shall be available until expended, for activities
including the development and purchase of vaccine, antivirals, necessary medical supplies, diagnostics, and other surveillance tools:
Provided, That notwithstanding section 496(b) of the PHS Act,
funds may be used for the construction or renovation of privately
owned facilities for the production of pandemic influenza vaccines
and other biologics, if the Secretary finds such construction or
renovation necessary to secure sufficient supplies of such vaccines
or biologics.
GENERAL PROVISIONS
SEC. 201. Funds appropriated in this title shall be available
for not to exceed $50,000 for official reception and representation
expenses when specifically approved by the Secretary.
SEC. 202. None of the funds appropriated in this title shall
be used to pay the salary of an individual, through a grant or
other extramural mechanism, at a rate in excess of Executive Level
II: Provided, That none of the funds appropriated in this title
shall be used to prevent the NIH from paying up to 100 percent
of the salary of an individual at this rate.
SEC. 203. None of the funds appropriated in this Act may
be expended pursuant to section 241 of the PHS Act, except for
funds specifically provided for in this Act, or for other taps and
assessments made by any office located in HHS, prior to the
preparation and submission of a report by the Secretary to the
Committees on Appropriations of the House of Representatives and
the Senate detailing the planned uses of such funds.
SEC. 204. Notwithstanding section 241(a) of the PHS Act, such
portion as the Secretary shall determine, but not more than 2.5
percent, of any amounts appropriated for programs authorized
under such Act shall be made available for the evaluation (directly,
or by grants or contracts) and the implementation and effectiveness
of programs funded in this title.

Reports.

Determination.
Evaluation.

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(TRANSFER OF FUNDS)

SEC. 205. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985) which are appropriated for the current fiscal year
for HHS in this Act may be transferred between appropriations,
but no such appropriation shall be increased by more than 3 percent
by any such transfer: Provided, That the transfer authority granted
by this section shall not be used to create any new program or

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PUBL260A

134 STAT. 1590
Notification.
Time period.
Time period.
Contracts.

Certification.
Family planning.
Children and
youth.

Child abuse.

Abortion.

Gun control.
Government
employees.
Children and
youth.
AIDS.

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Consultation.

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PUBLIC LAW 116–260—DEC. 27, 2020

to fund any project or activity for which no funds are provided
in this Act: Provided further, That the Committees on Appropriations of the House of Representatives and the Senate are notified
at least 15 days in advance of any transfer.
SEC. 206. In lieu of the timeframe specified in section 338E(c)(2)
of the PHS Act, terminations described in such section may occur
up to 60 days after the effective date of a contract awarded in
fiscal year 2021 under section 338B of such Act, or at any time
if the individual who has been awarded such contract has not
received funds due under the contract.
SEC. 207. None of the funds appropriated in this Act may
be made available to any entity under title X of the PHS Act
unless the applicant for the award certifies to the Secretary that
it encourages family participation in the decision of minors to
seek family planning services and that it provides counseling to
minors on how to resist attempts to coerce minors into engaging
in sexual activities.
SEC. 208. Notwithstanding any other provision of law, no provider of services under title X of the PHS Act shall be exempt
from any State law requiring notification or the reporting of child
abuse, child molestation, sexual abuse, rape, or incest.
SEC. 209. None of the funds appropriated by this Act (including
funds appropriated to any trust fund) may be used to carry out
the Medicare Advantage program if the Secretary denies participation in such program to an otherwise eligible entity (including
a Provider Sponsored Organization) because the entity informs
the Secretary that it will not provide, pay for, provide coverage
of, or provide referrals for abortions: Provided, That the Secretary
shall make appropriate prospective adjustments to the capitation
payment to such an entity (based on an actuarially sound estimate
of the expected costs of providing the service to such entity’s
enrollees): Provided further, That nothing in this section shall be
construed to change the Medicare program’s coverage for such services and a Medicare Advantage organization described in this section shall be responsible for informing enrollees where to obtain
information about all Medicare covered services.
SEC. 210. None of the funds made available in this title may
be used, in whole or in part, to advocate or promote gun control.
SEC. 211. The Secretary shall make available through assignment not more than 60 employees of the Public Health Service
to assist in child survival activities and to work in AIDS programs
through and with funds provided by the Agency for International
Development, the United Nations International Children’s Emergency Fund or the World Health Organization.
SEC. 212. In order for HHS to carry out international health
activities, including HIV/AIDS and other infectious disease, chronic
and environmental disease, and other health activities abroad
during fiscal year 2021:
(1) The Secretary may exercise authority equivalent to
that available to the Secretary of State in section 2(c) of the
State Department Basic Authorities Act of 1956. The Secretary
shall consult with the Secretary of State and relevant Chief
of Mission to ensure that the authority provided in this section
is exercised in a manner consistent with section 207 of the
Foreign Service Act of 1980 and other applicable statutes
administered by the Department of State.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1591

(2) The Secretary is authorized to provide such funds by
advance or reimbursement to the Secretary of State as may
be necessary to pay the costs of acquisition, lease, alteration,
renovation, and management of facilities outside of the United
States for the use of HHS. The Department of State shall
cooperate fully with the Secretary to ensure that HHS has
secure, safe, functional facilities that comply with applicable
regulation governing location, setback, and other facilities
requirements and serve the purposes established by this Act.
The Secretary is authorized, in consultation with the Secretary
of State, through grant or cooperative agreement, to make
available to public or nonprofit private institutions or agencies
in participating foreign countries, funds to acquire, lease, alter,
or renovate facilities in those countries as necessary to conduct
programs of assistance for international health activities,
including activities relating to HIV/AIDS and other infectious
diseases, chronic and environmental diseases, and other health
activities abroad.
(3) The Secretary is authorized to provide to personnel
appointed or assigned by the Secretary to serve abroad, allowances and benefits similar to those provided under chapter
9 of title I of the Foreign Service Act of 1980, and 22 U.S.C.
4081 through 4086 and subject to such regulations prescribed
by the Secretary. The Secretary is further authorized to provide
locality-based comparability payments (stated as a percentage)
up to the amount of the locality-based comparability payment
(stated as a percentage) that would be payable to such personnel under section 5304 of title 5, United States Code if
such personnel’s official duty station were in the District of
Columbia. Leaves of absence for personnel under this subsection
shall be on the same basis as that provided under subchapter
I of chapter 63 of title 5, United States Code, or section 903
of the Foreign Service Act of 1980, to individuals serving in
the Foreign Service.

Compliance.

Consultation.
Grants.
Contracts.

(TRANSFER OF FUNDS)

SEC. 213. The Director of the NIH, jointly with the Director
of the Office of AIDS Research, may transfer up to 3 percent
among institutes and centers from the total amounts identified
by these two Directors as funding for research pertaining to the
human immunodeficiency virus: Provided, That the Committees
on Appropriations of the House of Representatives and the Senate
are notified at least 15 days in advance of any transfer.

Notification.
Time period.

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(TRANSFER OF FUNDS)

SEC. 214. Of the amounts made available in this Act for NIH,
the amount for research related to the human immunodeficiency
virus, as jointly determined by the Director of NIH and the Director
of the Office of AIDS Research, shall be made available to the
‘‘Office of AIDS Research’’ account. The Director of the Office of
AIDS Research shall transfer from such account amounts necessary
to carry out section 2353(d)(3) of the PHS Act.
SEC. 215. (a) AUTHORITY.—Notwithstanding any other provision
of law, the Director of NIH (‘‘Director’’) may use funds authorized
under section 402(b)(12) of the PHS Act to enter into transactions
(other than contracts, cooperative agreements, or grants) to carry

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Determination.

PUBL260A

134 STAT. 1592

PUBLIC LAW 116–260—DEC. 27, 2020

out research identified pursuant to or research and activities
described in such section 402(b)(12).
(b) PEER REVIEW.—In entering into transactions under subsection (a), the Director may utilize such peer review procedures
(including consultation with appropriate scientific experts) as the
Director determines to be appropriate to obtain assessments of
scientific and technical merit. Such procedures shall apply to such
transactions in lieu of the peer review and advisory council review
procedures that would otherwise be required under sections
301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and 494 of the
PHS Act.
SEC. 216. Not to exceed $45,000,000 of funds appropriated
by this Act to the institutes and centers of the National Institutes
of Health may be used for alteration, repair, or improvement of
facilities, as necessary for the proper and efficient conduct of the
activities authorized herein, at not to exceed $3,500,000 per project.

Procedures.
Consultation.
Assessments.
Applicability.

(TRANSFER OF FUNDS)

Contracts.

Determination.

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Publication.
Web posting.

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SEC. 217. Of the amounts made available for NIH, 1 percent
of the amount made available for National Research Service Awards
(‘‘NRSA’’) shall be made available to the Administrator of the Health
Resources and Services Administration to make NRSA awards for
research in primary medical care to individuals affiliated with
entities who have received grants or contracts under sections 736,
739, or 747 of the PHS Act, and 1 percent of the amount made
available for NRSA shall be made available to the Director of
the Agency for Healthcare Research and Quality to make NRSA
awards for health service research.
SEC. 218. (a) The Biomedical Advanced Research and Development Authority (‘‘BARDA’’) may enter into a contract, for more
than one but no more than 10 program years, for purchase of
research services or of security countermeasures, as that term is
defined in section 319F–2(c)(1)(B) of the PHS Act (42 U.S.C. 247d–
6b(c)(1)(B)), if—
(1) funds are available and obligated—
(A) for the full period of the contract or for the first
fiscal year in which the contract is in effect; and
(B) for the estimated costs associated with a necessary
termination of the contract; and
(2) the Secretary determines that a multi-year contract
will serve the best interests of the Federal Government by
encouraging full and open competition or promoting economy
in administration, performance, and operation of BARDA’s programs.
(b) A contract entered into under this section—
(1) shall include a termination clause as described by subsection (c) of section 3903 of title 41, United States Code;
and
(2) shall be subject to the congressional notice requirement
stated in subsection (d) of such section.
SEC. 219. (a) The Secretary shall publish in the fiscal year
2022 budget justification and on Departmental Web sites information concerning the employment of full-time equivalent Federal
employees or contractors for the purposes of implementing, administering, enforcing, or otherwise carrying out the provisions of the

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134 STAT. 1593

ACA, and the amendments made by that Act, in the proposed
fiscal year and each fiscal year since the enactment of the ACA.
(b) With respect to employees or contractors supported by all
funds appropriated for purposes of carrying out the ACA (and
the amendments made by that Act), the Secretary shall include,
at a minimum, the following information:
(1) For each such fiscal year, the section of such Act under
which such funds were appropriated, a statement indicating
the program, project, or activity receiving such funds, the Federal operating division or office that administers such program,
and the amount of funding received in discretionary or mandatory appropriations.
(2) For each such fiscal year, the number of full-time
equivalent employees or contracted employees assigned to each
authorized and funded provision detailed in accordance with
paragraph (1).
(c) In carrying out this section, the Secretary may exclude
from the report employees or contractors who—
(1) are supported through appropriations enacted in laws
other than the ACA and work on programs that existed prior
to the passage of the ACA;
(2) spend less than 50 percent of their time on activities
funded by or newly authorized in the ACA; or
(3) work on contracts for which FTE reporting is not a
requirement of their contract, such as fixed-price contracts.
SEC. 220. The Secretary shall publish, as part of the fiscal
year 2022 budget of the President submitted under section 1105(a)
of title 31, United States Code, information that details the uses
of all funds used by the Centers for Medicare & Medicaid Services
specifically for Health Insurance Exchanges for each fiscal year
since the enactment of the ACA and the proposed uses for such
funds for fiscal year 2022. Such information shall include, for each
such fiscal year, the amount of funds used for each activity specified
under the heading ‘‘Health Insurance Exchange Transparency’’ in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
SEC. 221. None of the funds made available by this Act from
the Federal Hospital Insurance Trust Fund or the Federal Supplemental Medical Insurance Trust Fund, or transferred from other
accounts funded by this Act to the ‘‘Centers for Medicare & Medicaid
Services—Program Management’’ account, may be used for payments under section 1342(b)(1) of Public Law 111–148 (relating
to risk corridors).

Publication.

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(TRANSFER OF FUNDS)

SEC. 222. (a) Within 45 days of enactment of this Act, the
Secretary shall transfer funds appropriated under section 4002
of the ACA to the accounts specified, in the amounts specified,
and for the activities specified under the heading ‘‘Prevention and
Public Health Fund’’ in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act).
(b) Notwithstanding section 4002(c) of the ACA, the Secretary
may not further transfer these amounts.

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Deadline.

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134 STAT. 1594

PUBLIC LAW 116–260—DEC. 27, 2020

(c) Funds transferred for activities authorized under section
2821 of the PHS Act shall be made available without reference
to section 2821(b) of such Act.
SEC. 223. Effective during the period beginning on November
1, 2015 and ending January 1, 2023, any provision of law that
refers (including through cross-reference to another provision of
law) to the current recommendations of the United States Preventive Services Task Force with respect to breast cancer screening,
mammography, and prevention shall be administered by the Secretary involved as if—
(1) such reference to such current recommendations were
a reference to the recommendations of such Task Force with
respect to breast cancer screening, mammography, and prevention last issued before 2009; and
(2) such recommendations last issued before 2009 applied
to any screening mammography modality under section 1861(jj)
of the Social Security Act (42 U.S.C. 1395x(jj)).
SEC. 224. In making Federal financial assistance, the provisions
relating to indirect costs in part 75 of title 45, Code of Federal
Regulations, including with respect to the approval of deviations
from negotiated rates, shall continue to apply to the National
Institutes of Health to the same extent and in the same manner
as such provisions were applied in the third quarter of fiscal year
2017. None of the funds appropriated in this or prior Acts or
otherwise made available to the Department of Health and Human
Services or to any department or agency may be used to develop
or implement a modified approach to such provisions, or to intentionally or substantially expand the fiscal effect of the approval
of such deviations from negotiated rates beyond the proportional
effect of such approvals in such quarter.

Time period.

Applicability.

(TRANSFER OF FUNDS)

Drugs and drug
abuse.
Time period.
Notification.

Notification.

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Notification.
Time period.

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SEC. 225. The NIH Director may transfer funds for opioid
addiction, opioid alternatives, stimulant misuse and addiction, pain
management, and addiction treatment to other Institutes and Centers of the NIH to be used for the same purpose 15 days after
notifying the Committees on Appropriations of the House of Representatives and the Senate: Provided, That the transfer authority
provided in the previous proviso is in addition to any other transfer
authority provided by law.
SEC. 226. (a) The Secretary shall provide to the Committees
on Appropriations of the House of Representatives and the Senate:
(1) Detailed monthly enrollment figures from the
Exchanges established under the Patient Protection and Affordable Care Act of 2010 pertaining to enrollments during the
open enrollment period; and
(2) Notification of any new or competitive grant awards,
including supplements, authorized under section 330 of the
Public Health Service Act.
(b) The Committees on Appropriations of the House and Senate
must be notified at least 2 business days in advance of any public
release of enrollment information or the award of such grants.
SEC. 227. In addition to the amounts otherwise available for
‘‘Centers for Medicare & Medicaid Services, Program Management’’,
the Secretary of Health and Human Services may transfer up

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1595

to $305,000,000 to such account from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance
Trust Fund to support program management activity related to
the Medicare Program: Provided, That except for the foregoing
purpose, such funds may not be used to support any provision
of Public Law 111–148 or Public Law 111–152 (or any amendment
made by either such Public Law) or to supplant any other amounts
within such account.
SEC. 228. The Department of Health and Human Services
shall provide the Committees on Appropriations of the House of
Representatives and Senate a biannual report 30 days after enactment of this Act on staffing described in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
SEC. 229. Funds appropriated in this Act that are available
for salaries and expenses of employees of the Department of Health
and Human Services shall also be available to pay travel and
related expenses of such an employee or of a member of his or
her family, when such employee is assigned to duty, in the United
States or in a U.S. territory, during a period and in a location
that are the subject of a determination of a public health emergency
under section 319 of the Public Health Service Act and such travel
is necessary to obtain medical care for an illness, injury, or medical
condition that cannot be adequately addressed in that location
at that time. For purposes of this section, the term ‘‘U.S. territory’’
means Guam, the Commonwealth of Puerto Rico, the Northern
Mariana Islands, the Virgin Islands, American Samoa, or the Trust
Territory of the Pacific Islands.
SEC. 230. The Department of Health and Human Services
may accept donations from the private sector, nongovernmental
organizations, and other groups independent of the Federal Government for the care of unaccompanied alien children (as defined
in section 462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C.
279(g)(2))) in the care of the Office of Refugee Resettlement of
the Administration for Children and Families, including medical
goods and services, which may include early childhood developmental screenings, school supplies, toys, clothing, and any other
items intended to promote the wellbeing of such children.
SEC. 231. (a) None of the funds provided by this or any prior
appropriations Act may be used to reverse changes in procedures
made by operational directives issued to providers by the Office
of Refugee Resettlement on December 18, 2018, March 23, 2019,
and June 10, 2019 regarding the Memorandum of Agreement on
Information Sharing executed April 13, 2018.
(b) Notwithstanding subsection (a), the Secretary may make
changes to such operational directives upon making a determination
that such changes are necessary to prevent unaccompanied alien
children from being placed in danger, and the Secretary shall provide a written justification to Congress and the Inspector General
of the Department of Health and Human Services in advance of
implementing such changes.
(c) Within 15 days of the Secretary’s communication of the
justification, the Inspector General of the Department of Health
and Human Services shall provide an assessment, in writing, to
the Secretary and to the Committees on Appropriations of the
House of Representatives and the Senate of whether such changes

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Reports.

Definition.
Territories.

Donations.

Aliens.
Children and
youth.

Determination.

Deadline.
Assessment.

PUBL260A

134 STAT. 1596

Aliens.
Children and
youth.
Determination.
Time periods.

Requirements.
Compliance.
Determination.

Waiver authority.
Certification.
Reports.

Deadline.
Briefing.

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Notification.
Time periods.
Analysis.
Aliens.
Children and
youth.
6 USC 279 note.

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PUBLIC LAW 116–260—DEC. 27, 2020

to operational directives are necessary to prevent unaccompanied
children from being placed in danger.
SEC. 232. None of the funds made available in this Act under
the heading ‘‘Department of Health and Human Services—Administration for Children and Families—Refugee and Entrant Assistance’’
may be obligated to a grantee or contractor to house unaccompanied
alien children (as such term is defined in section 462(g)(2) of the
Homeland Security Act of 2002 (6 U.S.C. 279(g)(2))) in any facility
that is not State-licensed for the care of unaccompanied alien children, except in the case that the Secretary determines that housing
unaccompanied alien children in such a facility is necessary on
a temporary basis due to an influx of such children or an emergency,
provided that—
(1) the terms of the grant or contract for the operations
of any such facility that remains in operation for more than
six consecutive months shall require compliance with—
(A) the same requirements as licensed placements, as
listed in Exhibit 1 of the Flores Settlement Agreement
that the Secretary determines are applicable to non-State
licensed facilities; and
(B) staffing ratios of one (1) on-duty Youth Care Worker
for every eight (8) children or youth during waking hours,
one (1) on-duty Youth Care Worker for every sixteen (16)
children or youth during sleeping hours, and clinician ratios
to children (including mental health providers) as required
in grantee cooperative agreements;
(2) the Secretary may grant a 60-day waiver for a contractor’s or grantee’s non-compliance with paragraph (1) if the
Secretary certifies and provides a report to Congress on the
contractor’s or grantee’s good-faith efforts and progress towards
compliance;
(3) not more than four consecutive waivers under paragraph
(2) may be granted to a contractor or grantee with respect
to a specific facility;
(4) ORR shall ensure full adherence to the monitoring
requirements set forth in section 5.5 of its Policies and Procedures Guide as of May 15, 2019;
(5) for any such unlicensed facility in operation for more
than three consecutive months, ORR shall conduct a minimum
of one comprehensive monitoring visit during the first three
months of operation, with quarterly monitoring visits thereafter; and
(6) not later than 60 days after the date of enactment
of this Act, ORR shall brief the Committees on Appropriations
of the House of Representatives and the Senate outlining the
requirements of ORR for influx facilities including any requirement listed in paragraph (1)(A) that the Secretary has determined are not applicable to non-State licensed facilities.
SEC. 233. In addition to the existing Congressional notification
for formal site assessments of potential influx facilities, the Secretary shall notify the Committees on Appropriations of the House
of Representatives and the Senate at least 15 days before
operationalizing an unlicensed facility, and shall (1) specify whether
the facility is hard-sided or soft-sided, and (2) provide analysis
that indicates that, in the absence of the influx facility, the likely
outcome is that unaccompanied alien children will remain in the
custody of the Department of Homeland Security for longer than

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1597

72 hours or that unaccompanied alien children will be otherwise
placed in danger. Within 60 days of bringing such a facility online,
and monthly thereafter, the Secretary shall provide to the Committees on Appropriations of the House of Representatives and the
Senate a report detailing the total number of children in care
at the facility, the average length of stay and average length of
care of children at the facility, and, for any child that has been
at the facility for more than 60 days, their length of stay and
reason for delay in release.
SEC. 234. None of the funds made available in this Act may
be used to prevent a United States Senator or Member of the
House of Representatives from entering, for the purpose of conducting oversight, any facility in the United States used for the
purpose of maintaining custody of, or otherwise housing, unaccompanied alien children (as defined in section 462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2))), provided that such
Senator or Member has coordinated the oversight visit with the
Office of Refugee Resettlement not less than two business days
in advance to ensure that such visit would not interfere with
the operations (including child welfare and child safety operations)
of such facility.
SEC. 235. Not later than 14 days after the date of enactment
of this Act, and monthly thereafter, the Secretary shall submit
to the Committees on Appropriations of the House of Representatives and the Senate, and make publicly available online, a report
with respect to children who were separated from their parents
or legal guardians by the Department of Homeland Security (DHS)
(regardless of whether or not such separation was pursuant to
an option selected by the children, parents, or guardians), subsequently classified as unaccompanied alien children, and transferred
to the care and custody of ORR during the previous month. Each
report shall contain the following information:
(1) the number and ages of children so separated subsequent to apprehension at or between ports of entry, to be
reported by sector where separation occurred; and
(2) the documented cause of separation, as reported by
DHS when each child was referred.
SEC. 236. Funds appropriated in this Act that are available
for salaries and expenses of employees of the Centers for Disease
Control and Prevention shall also be available for the primary
and secondary schooling of eligible dependents of personnel stationed in a U.S. territory as defined in section 229 of this Act
at costs not in excess of those paid for or reimbursed by the
Department of Defense.
SEC. 237. Of the unobligated balances available in fiscal year
2021 in the ‘‘Nonrecurring Expenses Fund’’ established in section
223 of division G of Public Law 110–161, $225,000,000, in addition
to any funds otherwise made available for such purposes in this,
prior, or subsequent fiscal years, shall be available during the
period of availability of the Fund for the study of, construction
of, demolition of, renovation of, and acquisition of equipment for,
facilities of or used by the National Institutes of Health, including
the acquisition of real property.

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Reports.

Congress.
Aliens.
Children and
youth.
Time period.

Public
information.
Web posting.
Reports.
Aliens.
Children and
youth.
6 USC 279 note.

PUBL260A

134 STAT. 1598

PUBLIC LAW 116–260—DEC. 27, 2020
(RESCISSION)

Deadline.

Federal buildings
and facilities.

133 Stat. 2586.

SEC. 238. Of the unobligated balances in the ‘‘Nonrecurring
Expenses Fund’’ established in section 223 of division G of Public
Law 110–161, $375,000,000 are hereby rescinded not later than
September 30, 2021.
SEC. 239. (a) The Chamblee Research Support Building
(Building 108) at the Centers for Disease Control and Prevention
is hereby renamed as the Johnny Isakson Public Health Research
Building.
(b) Section 238 of division A of the Further Consolidated Appropriations Act, 2020 (Public Law 116–94) is amended by inserting
‘‘during the period of availability of the Fund’’ after ‘‘shall be available’’ and by inserting ‘‘moving expenses,’’ after ‘‘renovation of facilities,’’.
This title may be cited as the ‘‘Department of Health and
Human Services Appropriations Act, 2021’’.
TITLE III

Department of
Education
Appropriations
Act, 2021.

DEPARTMENT OF EDUCATION
EDUCATION

FOR THE

DISADVANTAGED

For carrying out title I and subpart 2 of part B of title II
of the Elementary and Secondary Education Act of 1965 (referred
to in this Act as ‘‘ESEA’’) and section 418A of the Higher Education
Act of 1965 (referred to in this Act as ‘‘HEA’’), $17,226,790,000,
of which $6,306,490,000 shall become available on July 1, 2021,
and shall remain available through September 30, 2022, and of
which $10,841,177,000 shall become available on October 1, 2021,
and shall remain available through September 30, 2022, for academic year 2021–2022: Provided, That $6,459,401,000 shall be for
basic grants under section 1124 of the ESEA: Provided further,
That up to $5,000,000 of these funds shall be available to the
Secretary of Education (referred to in this title as ‘‘Secretary’’)
on October 1, 2020, to obtain annually updated local educational
agency-level census poverty data from the Bureau of the Census:
Provided further, That $1,362,301,000 shall be for concentration
grants under section 1124A of the ESEA: Provided further, That
$4,357,550,000 shall be for targeted grants under section 1125
of the ESEA: Provided further, That $4,357,550,000 shall be for
education finance incentive grants under section 1125A of the
ESEA: Provided further, That $220,000,000 shall be for carrying
out subpart 2 of part B of title II: Provided further, That $46,123,000
shall be for carrying out section 418A of the HEA.

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IMPACT AID
For carrying out programs of financial assistance to federally
affected schools authorized by title VII of the ESEA, $1,501,112,000,
of which $1,354,242,000 shall be for basic support payments under
section 7003(b), $48,316,000 shall be for payments for children
with disabilities under section 7003(d), $17,406,000, to remain available through September 30, 2022, shall be for construction under
section 7007(b), $76,313,000 shall be for Federal property payments
under section 7002, and $4,835,000, to remain available until
expended, shall be for facilities maintenance under section 7008:

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PUBL260A

PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1599

Provided, That for purposes of computing the amount of a payment
for an eligible local educational agency under section 7003(a) for
school year 2020–2021, children enrolled in a school of such agency
that would otherwise be eligible for payment under section
7003(a)(1)(B) of such Act, but due to the deployment of both parents
or legal guardians, or a parent or legal guardian having sole custody
of such children, or due to the death of a military parent or legal
guardian while on active duty (so long as such children reside
on Federal property as described in section 7003(a)(1)(B)), are no
longer eligible under such section, shall be considered as eligible
students under such section, provided such students remain in
average daily attendance at a school in the same local educational
agency they attended prior to their change in eligibility status.

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SCHOOL IMPROVEMENT PROGRAMS
For carrying out school improvement activities authorized by
part B of title I, part A of title II, subpart 1 of part A of title
IV, part B of title IV, part B of title V, and parts B and C
of title VI of the ESEA; the McKinney-Vento Homeless Assistance
Act; section 203 of the Educational Technical Assistance Act of
2002; the Compact of Free Association Amendments Act of 2003;
and the Civil Rights Act of 1964, $5,444,217,000, of which
$3,613,652,000 shall become available on July 1, 2021, and remain
available through September 30, 2022, and of which $1,681,441,000
shall become available on October 1, 2021, and shall remain available through September 30, 2022, for academic year 2021–2022:
Provided, That $378,000,000 shall be for part B of title I: Provided
further, That $1,259,673,000 shall be for part B of title IV: Provided
further, That $37,397,000 shall be for part B of title VI, which
may be used for construction, renovation, and modernization of
any public elementary school, secondary school, or structure related
to a public elementary school or secondary school that serves a
predominantly Native Hawaiian student body, and that the 5 percent limitation in section 6205(b) of the ESEA on the use of funds
for administrative purposes shall apply only to direct administrative
costs: Provided further, That $36,453,000 shall be for part C of
title VI, which shall be awarded on a competitive basis, and may
be used for construction, and that the 5 percent limitation in
section 6305 of the ESEA on the use of funds for administrative
purposes shall apply only to direct administrative costs: Provided
further, That $52,000,000 shall be available to carry out section
203 of the Educational Technical Assistance Act of 2002 and the
Secretary shall make such arrangements as determined to be necessary to ensure that the Bureau of Indian Education has access
to services provided under this section: Provided further, That
$16,699,000 shall be available to carry out the Supplemental Education Grants program for the Federated States of Micronesia and
the Republic of the Marshall Islands: Provided further, That the
Secretary may reserve up to 5 percent of the amount referred
to in the previous proviso to provide technical assistance in the
implementation of these grants: Provided further, That
$187,840,000 shall be for part B of title V: Provided further, That
$1,220,000,000 shall be available for grants under subpart 1 of
part A of title IV.

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Applicability.

Applicability.

PUBL260A

134 STAT. 1600

PUBLIC LAW 116–260—DEC. 27, 2020
INDIAN EDUCATION

For expenses necessary to carry out, to the extent not otherwise
provided, title VI, part A of the ESEA, $181,239,000, of which
$67,993,000 shall be for subpart 2 of part A of title VI and
$7,865,000 shall be for subpart 3 of part A of title VI: Provided,
That the 5 percent limitation in sections 6115(d), 6121(e), and
6133(g) of the ESEA on the use of funds for administrative purposes
shall apply only to direct administrative costs.

Applicability.

INNOVATION

AND IMPROVEMENT

For carrying out activities authorized by subparts 1, 3 and
4 of part B of title II, and parts C, D, and E and subparts 1
and 4 of part F of title IV of the ESEA, $1,114,250,000: Provided,
That $285,250,000 shall be for subparts 1, 3 and 4 of part B
of title II and shall be made available without regard to sections
2201, 2231(b) and 2241: Provided further, That $635,000,000 shall
be for parts C, D, and E and subpart 4 of part F of title IV,
and shall be made available without regard to sections 4311,
4409(a), and 4601 of the ESEA: Provided further, That section
4303(d)(3)(A)(i) shall not apply to the funds available for part C
of title IV: Provided further, That of the funds available for part
C of title IV, the Secretary shall use $60,000,000 to carry out
section 4304, of which not more than $10,000,000 shall be available
to carry out section 4304(k), $140,000,000, to remain available
through March 31, 2022, to carry out section 4305(b), and not
more than $15,000,000 to carry out the activities in section
4305(a)(3): Provided further, That notwithstanding section 4601(b),
$194,000,000 shall be available through December 31, 2021 for
subpart 1 of part F of title IV.

Extension.

SAFE SCHOOLS

AND

CITIZENSHIP EDUCATION

For carrying out activities authorized by subparts 2 and 3
of part F of title IV of the ESEA, $217,000,000: Provided, That
$106,000,000 shall be available for section 4631, of which up to
$5,000,000, to remain available until expended, shall be for the
Project School Emergency Response to Violence (Project SERV)
program: Provided further, That $30,000,000 shall be available for
section 4625: Provided further, That $81,000,000 shall be available
through December 31, 2021, for section 4624.
ENGLISH LANGUAGE ACQUISITION
For carrying out part A of title III of the ESEA, $797,400,000,
which shall become available on July 1, 2021, and shall remain
available through September 30, 2022, except that 6.5 percent
of such amount shall be available on October 1, 2020, and shall
remain available through September 30, 2022, to carry out activities
under section 3111(c)(1)(C).
SPECIAL EDUCATION

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State and local
governments.

For carrying out the Individuals with Disabilities Education
Act (IDEA) and the Special Olympics Sport and Empowerment
Act of 2004, $14,070,743,000, of which $4,533,544,000 shall become
available on July 1, 2021, and shall remain available through

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1601

September 30, 2022, and of which $9,283,383,000 shall become
available on October 1, 2021, and shall remain available through
September 30, 2022, for academic year 2021–2022: Provided, That
the amount for section 611(b)(2) of the IDEA shall be equal to
the lesser of the amount available for that activity during fiscal
year 2020, increased by the amount of inflation as specified in
section 619(d)(2)(B) of the IDEA, or the percent change in the
funds appropriated under section 611(i) of the IDEA, but not less
than the amount for that activity during fiscal year 2020: Provided
further, That the Secretary shall, without regard to section 611(d)
of the IDEA, distribute to all other States (as that term is defined
in section 611(g)(2)), subject to the third proviso, any amount by
which a State’s allocation under section 611, from funds appropriated under this heading, is reduced under section 612(a)(18)(B),
according to the following: 85 percent on the basis of the States’
relative populations of children aged 3 through 21 who are of
the same age as children with disabilities for whom the State
ensures the availability of a free appropriate public education under
this part, and 15 percent to States on the basis of the States’
relative populations of those children who are living in poverty:
Provided further, That the Secretary may not distribute any funds
under the previous proviso to any State whose reduction in allocation from funds appropriated under this heading made funds available for such a distribution: Provided further, That the States
shall allocate such funds distributed under the second proviso to
local educational agencies in accordance with section 611(f): Provided further, That the amount by which a State’s allocation under
section 611(d) of the IDEA is reduced under section 612(a)(18)(B)
and the amounts distributed to States under the previous provisos
in fiscal year 2012 or any subsequent year shall not be considered
in calculating the awards under section 611(d) for fiscal year 2013
or for any subsequent fiscal years: Provided further, That, notwithstanding the provision in section 612(a)(18)(B) regarding the fiscal
year in which a State’s allocation under section 611(d) is reduced
for failure to comply with the requirement of section 612(a)(18)(A),
the Secretary may apply the reduction specified in section
612(a)(18)(B) over a period of consecutive fiscal years, not to exceed
5, until the entire reduction is applied: Provided further, That
the Secretary may, in any fiscal year in which a State’s allocation
under section 611 is reduced in accordance with section
612(a)(18)(B), reduce the amount a State may reserve under section
611(e)(1) by an amount that bears the same relation to the maximum amount described in that paragraph as the reduction under
section 612(a)(18)(B) bears to the total allocation the State would
have received in that fiscal year under section 611(d) in the absence
of the reduction: Provided further, That the Secretary shall either
reduce the allocation of funds under section 611 for any fiscal
year following the fiscal year for which the State fails to comply
with the requirement of section 612(a)(18)(A) as authorized by
section 612(a)(18)(B), or seek to recover funds under section 452
of the General Education Provisions Act (20 U.S.C. 1234a): Provided
further, That the funds reserved under 611(c) of the IDEA may
be used to provide technical assistance to States to improve the
capacity of the States to meet the data collection requirements
of sections 616 and 618 and to administer and carry out other
services and activities to improve data collection, coordination,
quality, and use under parts B and C of the IDEA: Provided

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20 USC 1411
note.

Applicability.
Time period.

20 USC 1411
note.

20 USC 1411
note.

PUBL260A

134 STAT. 1602
Evaluation.

Grants.

Grants.

PUBLIC LAW 116–260—DEC. 27, 2020

further, That the Secretary may use funds made available for the
State Personnel Development Grants program under part D, subpart 1 of IDEA to evaluate program performance under such subpart: Provided further, That States may use funds reserved for
other State-level activities under sections 611(e)(2) and 619(f) of
the IDEA to make subgrants to local educational agencies, institutions of higher education, other public agencies, and private nonprofit organizations to carry out activities authorized by those sections: Provided further, That, notwithstanding section 643(e)(2)(A)
of the IDEA, if 5 or fewer States apply for grants pursuant to
section 643(e) of such Act, the Secretary shall provide a grant
to each State in an amount equal to the maximum amount described
in section 643(e)(2)(B) of such Act: Provided further, That if more
than 5 States apply for grants pursuant to section 643(e) of the
IDEA, the Secretary shall award funds to those States on the
basis of the States’ relative populations of infants and toddlers
except that no such State shall receive a grant in excess of the
amount described in section 643(e)(2)(B) of such Act: Provided further, That States may use funds allotted under section 643(c) of
the IDEA to make subgrants to local educational agencies, institutions of higher education, other public agencies, and private nonprofit organizations to carry out activities authorized by section
638 of IDEA.
REHABILITATION SERVICES

Grants.

For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973 and the Helen Keller National Center
Act, $3,814,220,000, of which $3,675,021,000 shall be for grants
for vocational rehabilitation services under title I of the Rehabilitation Act: Provided, That the Secretary may use amounts provided
in this Act that remain available subsequent to the reallotment
of funds to States pursuant to section 110(b) of the Rehabilitation
Act for innovative activities aimed at increasing competitive
integrated employment as defined in section 7 of such Act for
youth and other individuals with disabilities: Provided further, That
States may award subgrants for a portion of the funds to other
public and private, nonprofit entities: Provided further, That any
funds made available subsequent to reallotment for innovative
activities aimed at improving the outcomes of individuals with
disabilities shall remain available until September 30, 2022.
SPECIAL INSTITUTIONS

FOR

PERSONS WITH DISABILITIES

AMERICAN PRINTING HOUSE FOR THE BLIND

For carrying out the Act to Promote the Education of the
Blind of March 3, 1879, $34,431,000.

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NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

For the National Technical Institute for the Deaf under titles
I and II of the Education of the Deaf Act of 1986, $81,500,000:
Provided, That from the total amount available, the Institute may
at its discretion use funds for the endowment program as authorized
under section 207 of such Act.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1603

GALLAUDET UNIVERSITY

For the Kendall Demonstration Elementary School, the Model
Secondary School for the Deaf, and the partial support of Gallaudet
University under titles I and II of the Education of the Deaf
Act of 1986, $140,361,000: Provided, That from the total amount
available, the University may at its discretion use funds for the
endowment program as authorized under section 207 of such Act.
CAREER, TECHNICAL,

AND

ADULT EDUCATION

For carrying out, to the extent not otherwise provided, the
Carl D. Perkins Career and Technical Education Act of 2006 (‘‘Perkins Act’’) and the Adult Education and Family Literacy Act
(‘‘AEFLA’’), $2,030,936,000, of which $1,239,936,000 shall become
available on July 1, 2021, and shall remain available through
September 30, 2022, and of which $791,000,000 shall become available on October 1, 2021, and shall remain available through September 30, 2022: Provided, That of the amounts made available
for AEFLA, $13,712,000 shall be for national leadership activities
under section 242.
STUDENT FINANCIAL ASSISTANCE
For carrying out subparts 1, 3, and 10 of part A, and part
C of title IV of the HEA, $24,545,352,000 which shall remain
available through September 30, 2022.
The maximum Pell Grant for which a student shall be eligible
during award year 2021–2022 shall be $5,435.

20 USC 1070a
note.

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STUDENT AID ADMINISTRATION
For Federal administrative expenses to carry out part D of
title I, and subparts 1, 3, 9, and 10 of part A, and parts B,
C, D, and E of title IV of the HEA, and subpart 1 of part A
of title VII of the Public Health Service Act, $1,853,943,000, to
remain available through September 30, 2022: Provided, That the
Secretary shall allocate new student loan borrower accounts to
eligible student loan servicers on the basis of their past performance
compared to all loan servicers utilizing established common metrics,
and on the basis of the capacity of each servicer to process new
and existing accounts: Provided further, That for student loan contracts awarded prior to October 1, 2017, the Secretary shall allow
student loan borrowers who are consolidating Federal student loans
to select from any student loan servicer to service their new consolidated student loan: Provided further, That in order to promote
accountability and high-quality service to borrowers, the Secretary
shall not award funding for any contract solicitation for a new
Federal student loan servicing environment, including the solicitation for the Federal Student Aid (FSA) Next Generation Processing
and Servicing Environment, unless such an environment provides
for the participation of multiple student loan servicers that contract
directly with the Department of Education to manage a unique
portfolio of borrower accounts and the full life-cycle of loans from
disbursement to pay-off with certain limited exceptions, and allocates student loan borrower accounts to eligible student loan
servicers based on performance: Provided further, That the Department shall re-allocate accounts from servicers for recurring non-

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Allocations.

20 USC 1087f
note.

Allocations.

Allocations.

PUBL260A

134 STAT. 1604

Evaluations.

Contracts.

Time period.
Briefings.

Deadline.
Spend plan.
Time period.
Updates.

Suspension.
Time period.

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Extension.
Time period.

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PUBLIC LAW 116–260—DEC. 27, 2020

compliance with FSA guidelines, contractual requirements, and
applicable laws, including for failure to sufficiently inform borrowers
of available repayment options: Provided further, That such
servicers shall be evaluated based on their ability to meet contract
requirements (including an understanding of Federal and State
law), future performance on the contracts, and history of compliance
with applicable consumer protections laws: Provided further, That
to the extent FSA permits student loan servicing subcontracting,
FSA shall hold prime contractors accountable for meeting the
requirements of the contract, and the performance and expectations
of subcontractors shall be accounted for in the prime contract and
in the overall performance of the prime contractor: Provided further,
That FSA shall ensure that the Next Generation Processing and
Servicing Environment, or any new Federal loan servicing environment, incentivize more support to borrowers at risk of delinquency
or default: Provided further, That FSA shall ensure that in such
environment contractors have the capacity to meet and are held
accountable for performance on service levels; are held accountable
for and have a history of compliance with applicable consumer
protection laws; and have relevant experience and demonstrated
effectiveness: Provided further, That the Secretary shall provide
quarterly briefings to the Committees on Appropriations and Education and Labor of the House of Representatives and the Committees on Appropriations and Health, Education, Labor, and Pensions
of the Senate on general progress related to solicitations for Federal
student loan servicing contracts: Provided further, That FSA shall
strengthen transparency through expanded publication of aggregate
data on student loan and servicer performance: Provided further,
That not later than 60 days after enactment of this Act, FSA
shall provide to the Committees on Appropriations of the House
of Representatives and the Senate a detailed spend plan of anticipated uses of funds made available in this account for fiscal year
2021 and provide quarterly updates on this plan (including contracts
awarded, change orders, bonuses paid to staff, reorganization costs,
and any other activity carried out using amounts provided under
this heading for fiscal year 2021): Provided further, That the FSA
Next Generation Processing and Servicing Environment, or any
new Federal student loan servicing environment, shall include
accountability measures that account for the performance of the
portfolio and contractor compliance with FSA guidelines: Provided
further, That, due to concerns with the transfer of borrower accounts
and to allow appropriate time for review of the risks of current
contracting plans, FSA shall suspend awarding of any contract
for the Interim Servicing Solution (ISS) Solicitation (Solicitation
No. 91003120R0018) for a period of not less than 90 days after
enactment of this Act: Provided further, That FSA may not award
funding for any contract under such ISS Solicitation unless Business
Process Operations (BPO) Contractors are, as borrower accounts
are migrated to ISS, immediately responsible for all contact center
and back-office processing, as described in BPO Solicitation No.
91003119R0008, necessary to deliver all such servicing requirements for accounts that have been migrated to ISS: Provided further, That notwithstanding the requirements of the Federal Property and Administration Services Act of 1949, 41 U.S.C. 3101 et.
seq, as amended; parts 6, 16, and 37 of title 48, Code of Federal
Regulations; or any other procurement limitation on the period
of performance, the Secretary may extend the period of performance

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1605

for any contract under section 456 of the HEA for servicing activities
scheduled to expire on December 14, 2021, or March 30, 2022,
as applicable, for up to two additional years from the date of
expiration.
HIGHER EDUCATION
For carrying out, to the extent not otherwise provided, titles
II, III, IV, V, VI, VII, and VIII of the HEA, the Mutual Educational
and Cultural Exchange Act of 1961, and section 117 of the Perkins
Act, $2,541,661,000, of which $96,000,000 shall remain available
through December 31, 2021: Provided, That notwithstanding any
other provision of law, funds made available in this Act to carry
out title VI of the HEA and section 102(b)(6) of the Mutual Educational and Cultural Exchange Act of 1961 may be used to support
visits and study in foreign countries by individuals who are participating in advanced foreign language training and international
studies in areas that are vital to United States national security
and who plan to apply their language skills and knowledge of
these countries in the fields of government, the professions, or
international development: Provided further, That of the funds
referred to in the preceding proviso up to 1 percent may be used
for program evaluation, national outreach, and information dissemination activities: Provided further, That up to 1.5 percent of the
funds made available under chapter 2 of subpart 2 of part A
of title IV of the HEA may be used for evaluation: Provided further,
That section 313(d) of the HEA shall not apply to an institution
of higher education that is eligible to receive funding under section
318 of the HEA.
HOWARD UNIVERSITY
For partial support of Howard University, $251,018,000, of
which not less than $3,405,000 shall be for a matching endowment
grant pursuant to the Howard University Endowment Act and
shall remain available until expended.
COLLEGE HOUSING

AND

ACADEMIC FACILITIES LOANS PROGRAM

For Federal administrative expenses to carry out activities
related to existing facility loans pursuant to section 121 of the
HEA, $435,000.

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HISTORICALLY BLACK COLLEGE AND UNIVERSITY CAPITAL
FINANCING PROGRAM ACCOUNT

Loans.

For the cost of guaranteed loans, $22,150,000, as authorized
pursuant to part D of title III of the HEA, which shall remain
available through September 30, 2022: Provided, That such costs,
including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974: Provided
further, That these funds are available to subsidize total loan principal, any part of which is to be guaranteed, not to exceed
$278,266,000: Provided further, That these funds may be used to
support loans to public and private Historically Black Colleges
and Universities without regard to the limitations within section
344(a) of the HEA.

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134 STAT. 1606

Time period.

Outreach plan.

Determination.

Time period.

PUBLIC LAW 116–260—DEC. 27, 2020

In addition, $16,000,000, to remain available through September 30, 2022, shall be made available to provide for the
deferment of loans made under part D of title III of the HEA
to eligible institutions that are private Historically Black Colleges
and Universities, which apply for the deferment of such a loan
and demonstrate financial need for such deferment by having a
score of 2.6 or less on the Department of Education’s financial
responsibility test: Provided, That the loan has not been paid in
full and is not paid in full during the period of deferment: Provided
further, That during the period of deferment of such a loan, interest
on the loan will not accrue or be capitalized, and the period of
deferment shall be for at least a period of 3-fiscal years and not
more than 6-fiscal years: Provided further, That funds available
under this paragraph shall be used to fund eligible deferment
requests submitted for this purpose in fiscal year 2018: Provided
further, That the Secretary shall create and execute an outreach
plan to work with States and the Capital Financing Advisory Board
to improve outreach to States and help additional public Historically
Black Colleges and Universities participate in the program.
In addition, $10,000,000, to remain available through September 30, 2022, shall be made available to provide for the
deferment of loans made under part D of title III of the HEA
to eligible institutions that are public Historically Black Colleges
and Universities, which apply for the deferment of such a loan
and demonstrate financial need for such deferment, which shall
be determined by the Secretary of Education based on factors
including, but not limited to, equal to or greater than 5 percent
of the school’s operating revenue relative to its annual debt service
payment: Provided, That during the period of deferment of such
a loan, interest on the loan will not accrue or be capitalized, and
the period of deferment shall be for at least a period of 3-fiscal
years and not more than 6-fiscal years.
In addition, for administrative expenses to carry out the Historically Black College and University Capital Financing Program
entered into pursuant to part D of title III of the HEA, $334,000.

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INSTITUTE

OF

EDUCATION SCIENCES

For carrying out activities authorized by the Education Sciences
Reform Act of 2002, the National Assessment of Educational
Progress Authorization Act, section 208 of the Educational Technical
Assistance Act of 2002, and section 664 of the Individuals with
Disabilities Education Act, $642,462,000, which shall remain available through September 30, 2022: Provided, That funds available
to carry out section 208 of the Educational Technical Assistance
Act may be used to link Statewide elementary and secondary data
systems with early childhood, postsecondary, and workforce data
systems, or to further develop such systems: Provided further, That
up to $6,000,000 of the funds available to carry out section 208
of the Educational Technical Assistance Act may be used for awards
to public or private organizations or agencies to support activities
to improve data coordination, quality, and use at the local, State,
and national levels.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1607

DEPARTMENTAL MANAGEMENT
PROGRAM ADMINISTRATION

For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of conference rooms in the District of Columbia and hire of three passenger motor vehicles, $430,000,000: Provided, That, notwithstanding any other provision of law, none of the funds provided
by this Act or provided by previous Appropriations Acts to the
Department of Education available for obligation or expenditure
in the current fiscal year may be used for any activity relating
to implementing a reorganization that decentralizes, reduces the
staffing level, or alters the responsibilities, structure, authority,
or functionality of the Budget Service of the Department of Education, relative to the organization and operation of the Budget
Service as in effect on January 1, 2018.
OFFICE FOR CIVIL RIGHTS

For expenses necessary for the Office for Civil Rights, as authorized by section 203 of the Department of Education Organization
Act, $131,000,000.
OFFICE OF INSPECTOR GENERAL

For expenses necessary for the Office of Inspector General,
as authorized by section 212 of the Department of Education
Organization Act, $63,000,000, of which $2,000,000 shall remain
available until expended.
GENERAL PROVISIONS
SEC. 301. No funds appropriated in this Act may be used
to prevent the implementation of programs of voluntary prayer
and meditation in the public schools.

Voluntary
prayer.
Meditation.

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(TRANSFER OF FUNDS)

SEC. 302. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985) which are appropriated for the Department of Education in this Act may be transferred between appropriations, but
no such appropriation shall be increased by more than 3 percent
by any such transfer: Provided, That the transfer authority granted
by this section shall not be used to create any new program or
to fund any project or activity for which no funds are provided
in this Act: Provided further, That the Committees on Appropriations of the House of Representatives and the Senate are notified
at least 15 days in advance of any transfer.
SEC. 303. Funds appropriated in this Act and consolidated
for evaluation purposes under section 8601(c) of the ESEA shall
be available from July 1, 2021, through September 30, 2022.
SEC. 304. (a) An institution of higher education that maintains
an endowment fund supported with funds appropriated for title
III or V of the HEA for fiscal year 2021 may use the income
from that fund to award scholarships to students, subject to the
limitation in section 331(c)(3)(B)(i) of the HEA. The use of such

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Notification.
Time period.
Time period.

PUBL260A

134 STAT. 1608

Time period.

PUBLIC LAW 116–260—DEC. 27, 2020

income for such purposes, prior to the enactment of this Act, shall
be considered to have been an allowable use of that income, subject
to that limitation.
(b) Subsection (a) shall be in effect until titles III and V of
the HEA are reauthorized.
SEC. 305. Section 114(f) of the HEA (20 U.S.C. 1011c(f)) is
amended by striking ‘‘2020’’ and inserting ‘‘2021’’.
SEC. 306. Section 458(a) of the HEA (20 U.S.C. 1087h(a)) is
amended in paragraph (4) by striking ‘‘2020’’ and inserting ‘‘2021’’.
SEC. 307. Funds appropriated in this Act under the heading
‘‘Student Aid Administration’’ may be available for payments for
student loan servicing to an institution of higher education that
services outstanding Federal Perkins Loans under part E of title
IV of the Higher Education Act of 1965 (20 U.S.C. 1087aa et
seq.).
(RESCISSION)

SEC. 308. Of the unobligated balances available under the
heading ‘‘Student Financial Assistance’’ for carrying out subpart
1 of part A of title IV of the HEA, $500,000,000 are hereby
rescinded.
(RESCISSION)

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Website.

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SEC. 309. Of the amounts appropriated under Section
401(b)(7)(A)(iv)(XI) of the Higher Education Act of 1965 (20 U.S.C.
1070a(b)(7)(A)(iv)(XI)) for fiscal year 2021, $28,000,000 are hereby
rescinded.
SEC. 310. Of the amounts made available under this title under
the heading ‘‘Student Aid Administration’’, $2,300,000 shall be used
by the Secretary of Education to conduct outreach to borrowers
of loans made under part D of title IV of the Higher Education
Act of 1965 who may intend to qualify for loan cancellation under
section 455(m) of such Act (20 U.S.C. 1087e(m)), to ensure that
borrowers are meeting the terms and conditions of such loan cancellation: Provided, That the Secretary shall specifically conduct
outreach to assist borrowers who would qualify for loan cancellation
under section 455(m) of such Act except that the borrower has
made some, or all, of the 120 required payments under a repayment
plan that is not described under section 455(m)(A) of such Act,
to encourage borrowers to enroll in a qualifying repayment plan:
Provided further, That the Secretary shall also communicate to
all Direct Loan borrowers the full requirements of section 455(m)
of such Act and improve the filing of employment certification
by providing improved outreach and information such as outbound
calls, electronic communications, ensuring prominent access to program requirements and benefits on each servicer’s website, and
creating an option for all borrowers to complete the entire payment
certification process electronically and on a centralized website.
SEC. 311. For an additional amount for ‘‘Department of Education—Federal Direct Student Loan Program Account’’,
$50,000,000, to remain available until expended, shall be for the
cost, as defined under section 502 of the Congressional Budget
Act of 1974, of the Secretary of Education providing loan cancellation in the same manner as under section 455(m) of the Higher
Education Act of 1965 (20 U.S.C. 1087e(m)), for borrowers of loans
made under part D of title IV of such Act who would qualify

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1609

for loan cancellation under section 455(m) except some, or all,
of the 120 required payments under section 455(m)(1)(A) do not
qualify for purposes of the program because they were monthly
payments made in accordance with graduated or extended repayment plans as described under subparagraph (B) or (C) of section
455(d)(1) or the corresponding repayment plan for a consolidation
loan made under section 455(g) and that were less than the amount
calculated under section 455(d)(1)(A), based on a 10-year repayment
period: Provided, That the monthly payment made 12 months before
the borrower applied for loan cancellation as described in the matter
preceding this proviso and the most recent monthly payment made
by the borrower at the time of such application were each not
less than the monthly amount that would be calculated under,
and for which the borrower would otherwise qualify for, clause
(i) or (iv) of section 455(m)(1)(A) regarding income-based or incomecontingent repayment plans, with exception for a borrower who
would have otherwise been eligible under this section but demonstrates an unusual fluctuation of income over the past 5 years:
Provided further, That the total loan volume, including outstanding
principal, fees, capitalized interest, or accrued interest, at application that is eligible for such loan cancellation by such borrowers
shall not exceed $75,000,000: Provided further, That the Secretary
shall develop and make available a simple method for borrowers
to apply for loan cancellation under this section within 60 days
of enactment of this Act: Provided further, That the Secretary
shall provide loan cancellation under this section to eligible borrowers on a first-come, first-serve basis, based on the date of
application and subject to both the limitation on total loan volume
at application for such loan cancellation specified in the second
proviso and the availability of appropriations under this section:
Provided further, That no borrower may, for the same service,
receive a reduction of loan obligations under both this section and
section 428J, 428K, 428L, or 460 of such Act.
SEC. 312. None of the funds made available by this Act may
be used in contravention of section 203 of the Department of Education Organization Act (20 U.S.C. 3413).

Time periods.

Deadline.

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(INCLUDING TRANSFER OF FUNDS)

SEC. 313. There is hereby established in the Treasury of the
United States a fund to be known as the ‘‘Department of Education
Nonrecurring Expenses Fund’’ (the Fund): Provided, That unobligated balances of expired discretionary funds appropriated for this
or any succeeding fiscal year from the General Fund of the Treasury
to the Department of Education by this or any other Act may
be transferred (not 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) into the Fund: Provided further,
That amounts deposited in the Fund shall be available until
expended, and in addition to such other funds as may be available
for such purposes, for information and business technology system
modernization and facilities infrastructure improvements necessary
for the operation of the Department, subject to approval by the
Office of Management and Budget: Provided further, That amounts
in the Fund may be obligated only after the Committees on Appropriations of the House of Representatives and the Senate are notified at least 30 days in advance of the specific information and

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20 USC 3483a.
Deadline.

Approval.

Notification.
Time period.

PUBL260A

134 STAT. 1610

20 USC 1228.

PUBLIC LAW 116–260—DEC. 27, 2020

business technology system modernization project or facility infrastructure improvement obligations planned for such amounts.
SEC. 314. (a) The General Education Provisions Act (20 U.S.C.
1221 et seq.) is amended by striking section 426.
(b) Paragraph (9) of section 4407(a) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7231f(a)) is amended
by striking ‘‘notwithstanding section 426 of the General Education
Provisions Act (20 U.S.C. 1228),’’.
SEC. 315. Section 2101(b) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6611(b)) is amended—(1) in paragraph (2)(A)(iv), by inserting ‘‘through fiscal year 2022’’ after ‘‘fiscal
year 2020’’; and (2) in paragraph (3), by striking ‘‘2021’’ both places
it appears and inserting ‘‘2023’’ in its place.
RURAL AND LOW-INCOME SCHOOL PROGRAM ADJUSTMENTS

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Grants.
20 USC 7351
note.

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SEC. 316. (a) HOLD HARMLESS.—For the purpose of making
awards under section 5221 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7351) for a fiscal year during the
period described in subsection (c), the Secretary of Education and
each State educational agency shall treat as eligible to receive
a grant under such section—
(1) any local educational agency that meets the eligibility
requirements described in section 5221(b)(1) of such Act for
such fiscal year, in accordance with subsection (d); and
(2) notwithstanding such section 5221(b)(1), any local educational agency that does not meet the eligibility requirements
described in such section for such fiscal year if—
(A) the local educational agency received a grant under
section 5221 of such Act for fiscal year 2019;
(B) for fiscal year 2019, less than 20 percent of the
children ages 5 through 17 years served by the local educational agency were from families with incomes below
the poverty line, as determined by data from the Small
Area Income and Poverty Estimates of the Bureau of the
Census;
(C) the award for fiscal year 2019 was based on alternative poverty data submitted by the State to the Secretary
despite data being available from the Small Area Income
and Poverty Estimates of the Bureau of the Census; and
(D) the local educational agency meets the eligibility
criteria described in section 5221(b)(1)(A)(ii) of such Act,
or has obtained a waiver under section 5221(b)(2) of such
Act, for the fiscal year for which the eligibility determination is being made.
(b) LIMITATIONS.—
(1) LIMITS ON LOCAL EDUCATIONAL AGENCY AWARDS.—For
the purposes of making an award under section 5221(b) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7351(b)) to local educational agencies described in subsection
(a)(2) for a fiscal year during the period described in subsection
(c), a State educational agency shall provide an award to each
such local educational agency for such fiscal year that is not
larger than—
(A) for fiscal year 2021, 100 percent of the amount
such local educational agency received for fiscal year 2019;

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1611

(B) for fiscal year 2022, 100 percent of the amount
such local educational agency received for fiscal year 2019;
(C) for fiscal year 2023, 83.33 percent of the amount
such local educational agency received for fiscal year 2019;
(D) for fiscal year 2024, 66.67 percent of the amount
such local educational agency received for fiscal year 2019;
(E) for fiscal year 2025, 50 percent of the amount
such local educational agency received for fiscal year 2019;
(F) for fiscal year 2026, 33.33 percent of the amount
such local educational agency received for fiscal year 2019;
and
(G) for fiscal year 2027, 16.67 percent of the amount
such local educational agency received for fiscal year 2019.
(2) ADJUSTMENTS TO STATE ALLOCATIONS.—In determining
grant amounts for each State educational agency under section
5221(a)(2) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7351(a)(2)) for each fiscal year during the
period described in subsection (c), the Secretary of Education
shall reduce the amount that the State educational agency
would otherwise receive by the combined amount of any reductions in grant awards required under paragraph (1) for such
year for the local educational agencies described in subsection
(a)(2) that are served by the State educational agency.
(c) APPLICABILITY.—Subsections (a) and (b) shall be in effect
during the period—
(1) beginning on the first day of the fiscal year in which
this Act is enacted; and
(2) ending on the earlier of—
(A) September 30, 2027; or
(B) the last day of the fiscal year in which an Act
that reauthorizes the rural and low-income school program
under subpart 2 of part B of title V of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7351
et seq.) is enacted.
(d) USE OF DATA MEASURES.—Except as provided in subsection
(a)(2), for the purpose of making awards under section 5221 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7351) for any fiscal year—
(1) if data are available from the Small Area Income and
Poverty Estimates of the Bureau of the Census to determine
a local educational agency’s enrollment of children from families
with incomes below the poverty line as described in section
5221(b)(1)(A)(i) of such Act, the Secretary of Education and
each State educational agency shall not use alternative poverty
data in determining such local educational agency’s eligibility
under such section; and
(2) if data are not available from the Small Area Income
and Poverty Estimates of the Bureau of the Census to determine a local educational agency’s enrollment of children from
families with incomes below the poverty line as described in
such section 5221(b)(1)(A)(i), the Secretary and the State educational agency shall determine such local educational agency’s
eligibility under such section using the same State-derived
poverty data used to determine local educational agency allocations under part A of title I of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311 et seq.).

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Time period.
Effective date.
Termination
date.

Determinations.

PUBL260A

134 STAT. 1612
Waiver authority.

Time period.

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Grants.

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PUBLIC LAW 116–260—DEC. 27, 2020

SEC. 317. (a) IN GENERAL.—For the purpose of carrying out
section 435(a)(2) of the Higher Education Act of 1965 (20 U.S.C.
1085(a)(2)), the Secretary of Education may waive the requirements
under sections 435(a)(5)(A)(i) and 435(a)(5)(A)(ii) of such Act (20
U.S.C. 1085(a)(5)(A)(i) and 20 U.S.C. 1085(a)(5)(A)(ii)) for a private
non-profit institution of higher education—(1) that is an Alaska
Native-Serving Institution (as defined in section 317(A)(2) of such
Act (20 U.S.C. 1059d)) and a Native American-Serving Non-Tribal
Institution (as defined in section 319(b)(2) (20 U.S.C. 1059f)) whose
fall enrollment for the most recently completed academic year was
comprised of a majority of students who are Indian (as defined
in such section) or Alaska Native (as defined in section 317(b)
of such Act (20 U.S.C. 1059d(b)) and who are eligible to receive
the maximum award under the Pell Grant program; or (2) whose
fall enrollment for the most recently completed academic year was
comprised of a majority of the students who are African American
(as defined in section 322(2) of such act (20 U.S.C. 1061(2)) and
at least 50% or more received Federal Pell Grant Funds.
(b) APPLICABILITY.—Subsection (a) shall apply to an institution
of higher education that otherwise would be ineligible to participate
in a program under part A of title IV of the Higher Education
Act of 1965 on or after the date of enactment of this Act due
to the application of section 435(a)(2) of the Higher Education
Act of 1965 (20 U.S.C. 1085(a)(2)).
(c) COVERAGE.—This section shall be in effect for the period
covered by this Act and for the succeeding fiscal year.
SEC. 318. Of the amounts made available under the heading
‘‘Department of Education—Rehabilitation Services’’ in title III of
the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2020 (division
A of Public Law 116–94) that remain available subsequent to the
reallotment of funds to States pursuant to section 110(b) of the
Rehabilitation Act of 1973 (Public Law 93–112), $20,000,000 shall
be available to the Secretary for one-time financial relief and restoration grants consistent with the purposes of the RandolphSheppard Act as authorized under section 10 of such Act (20 U.S.C.
107f): Provided, That the Secretary shall use such funds to make
grants to each State licensing agency in the same proportion as
the number of blind vendors operating a vending facility in such
State as compared to the number of blind vendors operating a
vending facility in all the States on September 30, 2019: Provided
further, That the State licensing agency shall use these grants
to make financial relief and restoration payments to offset losses
of blind vendors that occurred during calendar year 2020, but
only to the extent that such losses are not otherwise compensated:
Provided further, That any funds in excess of the amount needed
for financial relief and restoration payments to blind vendors shall
be used by the State licensing agency for other purposes authorized
by section 395.9 of title 34, Code of Federal Regulations, as in
effect on the date of enactment of this Act, and determined through
active participation with the State committee of blind vendors as
required: Provided further, That such funds shall remain available
to the Secretary until September 30, 2021.
This title may be cited as the ‘‘Department of Education Appropriations Act, 2021’’.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1613

TITLE IV
RELATED AGENCIES
COMMITTEE

FOR

PURCHASE FROM PEOPLE WHO ARE BLIND
SEVERELY DISABLED

OR

SALARIES AND EXPENSES

For expenses necessary for the Committee for Purchase From
People Who Are Blind or Severely Disabled (referred to in this
title as ‘‘the Committee’’) established under section 8502 of title
41, United States Code, $10,500,000: Provided, That in order to
authorize any central nonprofit agency designated pursuant to section 8503(c) of title 41, United States Code, to perform requirements
of the Committee as prescribed under section 51–3.2 of title 41,
Code of Federal Regulations, the Committee shall enter into a
written agreement with any such central nonprofit agency: Provided
further, That such agreement shall contain such auditing, oversight,
and reporting provisions as necessary to implement chapter 85
of title 41, United States Code: Provided further, That such agreement shall include the elements listed under the heading ‘‘Committee For Purchase From People Who Are Blind or Severely Disabled—Written Agreement Elements’’ in the explanatory statement
described in section 4 of Public Law 114–113 (in the matter preceding division A of that consolidated Act): Provided further, That
any such central nonprofit agency may not charge a fee under
section 51–3.5 of title 41, Code of Federal Regulations, prior to
executing a written agreement with the Committee: Provided further, That no less than $2,500,000 shall be available for the Office
of Inspector General.
CORPORATION

FOR

NATIONAL

AND

Contracts.

COMMUNITY SERVICE

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OPERATING EXPENSES

For necessary expenses for the Corporation for National and
Community Service (referred to in this title as ‘‘CNCS’’) to carry
out the Domestic Volunteer Service Act of 1973 (referred to in
this title as ‘‘1973 Act’’) and the National and Community Service
Act of 1990 (referred to in this title as ‘‘1990 Act’’), $843,115,000,
notwithstanding sections 198B(b)(3), 198S(g), 501(a)(4)(C), and
501(a)(4)(F) of the 1990 Act: Provided, That of the amounts provided
under this heading: (1) up to 1 percent of program grant funds
may be used to defray the costs of conducting grant application
reviews, including the use of outside peer reviewers and electronic
management of the grants cycle; (2) $18,538,000 shall be available
to provide assistance to State commissions on national and community service, under section 126(a) of the 1990 Act and notwithstanding section 501(a)(5)(B) of the 1990 Act; (3) $33,500,000 shall
be available to carry out subtitle E of the 1990 Act; and (4)
$6,400,000 shall be available for expenses authorized under section
501(a)(4)(F) of the 1990 Act, which, notwithstanding the provisions
of section 198P shall be awarded by CNCS on a competitive basis:
Provided further, That for the purposes of carrying out the 1990
Act, satisfying the requirements in section 122(c)(1)(D) may include
a determination of need by the local community.

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Determination.

PUBL260A

134 STAT. 1614

PUBLIC LAW 116–260—DEC. 27, 2020
PAYMENT TO THE NATIONAL SERVICE TRUST
(INCLUDING TRANSFER OF FUNDS)

Determination.
Notice.

For payment to the National Service Trust established under
subtitle D of title I of the 1990 Act, $185,000,000, to remain available until expended: Provided, That CNCS may transfer additional
funds from the amount provided within ‘‘Operating Expenses’’ allocated to grants under subtitle C of title I of the 1990 Act to
the National Service Trust upon determination that such transfer
is necessary to support the activities of national service participants
and after notice is transmitted to the Committees on Appropriations
of the House of Representatives and the Senate: Provided further,
That amounts appropriated for or transferred to the National
Service Trust may be invested under section 145(b) of the 1990
Act without regard to the requirement to apportion funds under
31 U.S.C. 1513(b).
SALARIES AND EXPENSES

For necessary expenses of administration as provided under
section 501(a)(5) of the 1990 Act and under section 504(a) of the
1973 Act, including payment of salaries, authorized travel, hire
of passenger motor vehicles, the rental of conference rooms in
the District of Columbia, the employment of experts and consultants
authorized under 5 U.S.C. 3109, and not to exceed $2,500 for
official reception and representation expenses, $86,487,000.
OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $6,500,000.
ADMINISTRATIVE PROVISIONS

Notice.
Public
information.

Requirements.
Time period.
42 USC 12571
note.

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Donations.

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SEC. 401. CNCS shall make any significant changes to program
requirements, service delivery or policy only through public notice
and comment rulemaking. For fiscal year 2021, during any grant
selection process, an officer or employee of CNCS shall not knowingly disclose any covered grant selection information regarding
such selection, directly or indirectly, to any person other than
an officer or employee of CNCS that is authorized by CNCS to
receive such information.
SEC. 402. AmeriCorps programs receiving grants under the
National Service Trust program shall meet an overall minimum
share requirement of 24 percent for the first 3 years that they
receive AmeriCorps funding, and thereafter shall meet the overall
minimum share requirement as provided in section 2521.60 of title
45, Code of Federal Regulations, without regard to the operating
costs match requirement in section 121(e) or the member support
Federal share limitations in section 140 of the 1990 Act, and subject
to partial waiver consistent with section 2521.70 of title 45, Code
of Federal Regulations.
SEC. 403. Donations made to CNCS under section 196 of the
1990 Act for the purposes of financing programs and operations
under titles I and II of the 1973 Act or subtitle B, C, D, or
E of title I of the 1990 Act shall be used to supplement and
not supplant current programs and operations.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1615

SEC. 404. In addition to the requirements in section 146(a)
of the 1990 Act, use of an educational award for the purpose
described in section 148(a)(4) shall be limited to individuals who
are veterans as defined under section 101 of the Act.
SEC. 405. For the purpose of carrying out section 189D of
the 1990 Act—
(1) entities described in paragraph (a) of such section shall
be considered ‘‘qualified entities’’ under section 3 of the National
Child Protection Act of 1993 (‘‘NCPA’’);
(2) individuals described in such section shall be considered
‘‘volunteers’’ under section 3 of NCPA; and
(3) State Commissions on National and Community Service
established pursuant to section 178 of the 1990 Act, are authorized to receive criminal history record information, consistent
with Public Law 92–544.
SEC. 406. Notwithstanding sections 139(b), 146 and 147 of
the 1990 Act, an individual who successfully completes a term
of service of not less than 1,200 hours during a period of not
more than one year may receive a national service education award
having a value of 70 percent of the value of a national service
education award determined under section 147(a) of the Act.
CORPORATION

FOR

PUBLIC BROADCASTING

For payment to the Corporation for Public Broadcasting
(‘‘CPB’’), as authorized by the Communications Act of 1934, an
amount which shall be available within limitations specified by
that Act, for the fiscal year 2023, $475,000,000: Provided, That
none of the funds made available to CPB by this Act shall be
used to pay for receptions, parties, or similar forms of entertainment
for Government officials or employees: Provided further, That none
of the funds made available to CPB by this Act shall be available
or used to aid or support any program or activity from which
any person is excluded, or is denied benefits, or is discriminated
against, on the basis of race, color, national origin, religion, or
sex: Provided further, That none of the funds made available to
CPB by this Act shall be used to apply any political test or qualification in selecting, appointing, promoting, or taking any other personnel action with respect to officers, agents, and employees of
CPB.
In addition, for the costs associated with replacing and
upgrading the public broadcasting interconnection system and other
technologies and services that create infrastructure and efficiencies
within the public media system, $20,000,000.
FEDERAL MEDIATION

AND

Discrimination.

Political test.

CONCILIATION SERVICE
Fees.

SALARIES AND EXPENSES

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Time period.

For expenses necessary for the Federal Mediation and Conciliation Service (‘‘Service’’) to carry out the functions vested in it
by the Labor-Management Relations Act, 1947, including hire of
passenger motor vehicles; for expenses necessary for the LaborManagement Cooperation Act of 1978; and for expenses necessary
for the Service to carry out the functions vested in it by the
Civil Service Reform Act, $48,600,000, including up to $900,000
to remain available through September 30, 2022, for activities
authorized by the Labor-Management Cooperation Act of 1978:

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134 STAT. 1616

PUBLIC LAW 116–260—DEC. 27, 2020

Provided, That notwithstanding 31 U.S.C. 3302, fees charged, up
to full-cost recovery, for special training activities and other conflict
resolution services and technical assistance, including those provided to foreign governments and international organizations, and
for arbitration services shall be credited to and merged with this
account, and shall remain available until expended: Provided further, That fees for arbitration services shall be available only for
education, training, and professional development of the agency
workforce: Provided further, That the Director of the Service is
authorized to accept and use on behalf of the United States gifts
of services and real, personal, or other property in the aid of
any projects or functions within the Director’s jurisdiction.
FEDERAL MINE SAFETY

AND

HEALTH REVIEW COMMISSION

SALARIES AND EXPENSES

For expenses necessary for the Federal Mine Safety and Health
Review Commission, $17,184,000.
INSTITUTE

OF

MUSEUM

AND

LIBRARY SERVICES

OFFICE OF MUSEUM AND LIBRARY SERVICES: GRANTS AND
ADMINISTRATION

For carrying out the Museum and Library Services Act of
1996 and the National Museum of African American History and
Culture Act, $257,000,000.
MEDICAID

AND

CHIP PAYMENT

AND

ACCESS COMMISSION

SALARIES AND EXPENSES

For expenses necessary to carry out section 1900 of the Social
Security Act, $8,780,000.
MEDICARE PAYMENT ADVISORY COMMISSION
SALARIES AND EXPENSES

For expenses necessary to carry out section 1805 of the Social
Security Act, $12,905,000, to be transferred to this appropriation
from the Federal Hospital Insurance Trust Fund and the Federal
Supplementary Medical Insurance Trust Fund.
NATIONAL COUNCIL

ON

DISABILITY

SALARIES AND EXPENSES

For expenses necessary for the National Council on Disability
as authorized by title IV of the Rehabilitation Act of 1973,
$3,350,000.
NATIONAL LABOR RELATIONS BOARD

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SALARIES AND EXPENSES

For expenses necessary for the National Labor Relations Board
to carry out the functions vested in it by the Labor-Management

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PUBL260A

PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1617

Relations Act, 1947, and other laws, $274,224,000: Provided, That
no part of this appropriation shall be available to organize or
assist in organizing agricultural laborers or used in connection
with investigations, hearings, directives, or orders concerning bargaining units composed of agricultural laborers as referred to in
section 2(3) of the Act of July 5, 1935, and as amended by the
Labor-Management Relations Act, 1947, and as defined in section
3(f) of the Act of June 25, 1938, and including in said definition
employees engaged in the maintenance and operation of ditches,
canals, reservoirs, and waterways when maintained or operated
on a mutual, nonprofit basis and at least 95 percent of the water
stored or supplied thereby is used for farming purposes.
ADMINISTRATIVE PROVISIONS

SEC. 407. None of the funds provided by this Act or previous
Acts making appropriations for the National Labor Relations Board
may be used to issue any new administrative directive or regulation
that would provide employees any means of voting through any
electronic means in an election to determine a representative for
the purposes of collective bargaining.
NATIONAL MEDIATION BOARD
SALARIES AND EXPENSES

For expenses necessary to carry out the provisions of the Railway Labor Act, including emergency boards appointed by the President, $14,300,000.
OCCUPATIONAL SAFETY

AND

HEALTH REVIEW COMMISSION

SALARIES AND EXPENSES

For expenses necessary for the Occupational Safety and Health
Review Commission, $13,225,000.
RAILROAD RETIREMENT BOARD
DUAL BENEFITS PAYMENTS ACCOUNT

For payment to the Dual Benefits Payments Account, authorized under section 15(d) of the Railroad Retirement Act of 1974,
$13,000,000, which shall include amounts becoming available in
fiscal year 2021 pursuant to section 224(c)(1)(B) of Public Law
98–76; and in addition, an amount, not to exceed 2 percent of
the amount provided herein, shall be available proportional to the
amount by which the product of recipients and the average benefit
received exceeds the amount available for payment of vested dual
benefits: Provided, That the total amount provided herein shall
be credited in 12 approximately equal amounts on the first day
of each month in the fiscal year.

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FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT ACCOUNTS

For payment to the accounts established in the Treasury for
the payment of benefits under the Railroad Retirement Act for
interest earned on unnegotiated checks, $150,000, to remain available through September 30, 2022, which shall be the maximum

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PUBL260A

134 STAT. 1618

PUBLIC LAW 116–260—DEC. 27, 2020

amount available for payment pursuant to section 417 of Public
Law 98–76.
LIMITATION ON ADMINISTRATION

For necessary expenses for the Railroad Retirement Board
(‘‘Board’’) for administration of the Railroad Retirement Act and
the Railroad Unemployment Insurance Act, $123,500,000, to be
derived in such amounts as determined by the Board from the
railroad retirement accounts and from moneys credited to the railroad unemployment insurance administration fund: Provided, That
notwithstanding section 7(b)(9) of the Railroad Retirement Act this
limitation may be used to hire attorneys only through the excepted
service: Provided further, That the previous proviso shall not change
the status under Federal employment laws of any attorney hired
by the Railroad Retirement Board prior to January 1, 2013: Provided further, That notwithstanding section 7(b)(9) of the Railroad
Retirement Act, this limitation may be used to hire students
attending qualifying educational institutions or individuals who
have recently completed qualifying educational programs using current excepted hiring authorities established by the Office of Personnel Management: Provided further, That $9,000,000 to remain
available until expended, shall be used to supplement, not supplant,
existing resources devoted to operations and improvements for the
Board’s Information Technology Investment Initiatives.
LIMITATION ON THE OFFICE OF INSPECTOR GENERAL

For expenses necessary for the Office of Inspector General
for audit, investigatory and review activities, as authorized by the
Inspector General Act of 1978, not more than $11,500,000, to be
derived from the railroad retirement accounts and railroad
unemployment insurance account.
SOCIAL SECURITY ADMINISTRATION
PAYMENTS TO SOCIAL SECURITY TRUST FUNDS

For payment to the Federal Old-Age and Survivors Insurance
Trust Fund and the Federal Disability Insurance Trust Fund, as
provided under sections 201(m) and 1131(b)(2) of the Social Security
Act, $11,000,000.

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SUPPLEMENTAL SECURITY INCOME PROGRAM

For carrying out titles XI and XVI of the Social Security Act,
section 401 of Public Law 92–603, section 212 of Public Law 93–
66, as amended, and section 405 of Public Law 95–216, including
payment to the Social Security trust funds for administrative
expenses incurred pursuant to section 201(g)(1) of the Social Security Act, $40,158,768,000, to remain available until expended: Provided, That any portion of the funds provided to a State in the
current fiscal year and not obligated by the State during that
year shall be returned to the Treasury: Provided further, That
not more than $86,000,000 shall be available for research and
demonstrations under sections 1110, 1115, and 1144 of the Social
Security Act, and remain available through September 30, 2023.

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PUBL260A

PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1619

For making, after June 15 of the current fiscal year, benefit
payments to individuals under title XVI of the Social Security
Act, for unanticipated costs incurred for the current fiscal year,
such sums as may be necessary.
For making benefit payments under title XVI of the Social
Security Act for the first quarter of fiscal year 2022,
$19,600,000,000, to remain available until expended.

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LIMITATION ON ADMINISTRATIVE EXPENSES

For necessary expenses, including the hire of two passenger
motor vehicles, and not to exceed $20,000 for official reception
and representation expenses, not more than $12,794,945,000 may
be expended, as authorized by section 201(g)(1) of the Social Security Act, from any one or all of the trust funds referred to in
such section: Provided, That not less than $2,500,000 shall be
for the Social Security Advisory Board: Provided further, That
$45,000,000 shall remain available until expended for information
technology modernization, including related hardware and software
infrastructure and equipment, and for administrative expenses
directly associated with information technology modernization: Provided further, That $50,000,000 shall remain available through
September 30, 2022, for activities to address the disability hearings
backlog within the Office of Hearings Operations: Provided further,
That unobligated balances of funds provided under this paragraph
at the end of fiscal year 2021 not needed for fiscal year 2021
shall remain available until expended to invest in the Social Security Administration information technology and telecommunications
hardware and software infrastructure, including related equipment
and non-payroll administrative expenses associated solely with this
information technology and telecommunications infrastructure: Provided further, That the Commissioner of Social Security shall notify
the Committees on Appropriations of the House of Representatives
and the Senate prior to making unobligated balances available
under the authority in the previous proviso: Provided further, That
reimbursement to the trust funds under this heading for expenditures for official time for employees of the Social Security Administration pursuant to 5 U.S.C. 7131, and for facilities or support
services for labor organizations pursuant to policies, regulations,
or procedures referred to in section 7135(b) of such title shall
be made by the Secretary of the Treasury, with interest, from
amounts in the general fund not otherwise appropriated, as soon
as possible after such expenditures are made.
Of the total amount made available in the first paragraph
under this heading, not more than $1,575,000,000, to remain available through March 31, 2022, is for the costs associated with continuing disability reviews under titles II and XVI of the Social
Security Act, including work-related continuing disability reviews
to determine whether earnings derived from services demonstrate
an individual’s ability to engage in substantial gainful activity,
for the cost associated with conducting redeterminations of eligibility under title XVI of the Social Security Act, for the cost of
co-operative disability investigation units, and for the cost associated with the prosecution of fraud in the programs and operations
of the Social Security Administration by Special Assistant United
States Attorneys: Provided, That, of such amount, $273,000,000
is provided to meet the terms of section 251(b)(2)(B)(ii)(III) of the

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Notification.

Reimbursements.

Reviews.
Determination.

PUBL260A

134 STAT. 1620

Transfer
authority.

Reports.

PUBLIC LAW 116–260—DEC. 27, 2020

Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, and $1,302,000,000 is additional new budget authority
specified for purposes of section 251(b)(2)(B) of such Act: Provided
further, That, of the additional new budget authority described
in the preceding proviso, up to $11,200,000 may be transferred
to the ‘‘Office of Inspector General’’, Social Security Administration,
for the cost of jointly operated co-operative disability investigation
units: Provided further, That such transfer authority is in addition
to any other transfer authority provided by law: Provided further,
That the Commissioner shall provide to the Congress (at the conclusion of the fiscal year) a report on the obligation and expenditure
of these funds, similar to the reports that were required by section
103(d)(2) of Public Law 104–121 for fiscal years 1996 through
2002.
In addition, $135,000,000 to be derived from administration
fees in excess of $5.00 per supplementary payment collected pursuant to section 1616(d) of the Social Security Act or section 212(b)(3)
of Public Law 93–66, which shall remain available until expended:
Provided, That to the extent that the amounts collected pursuant
to such sections in fiscal year 2021 exceed $135,000,000, the
amounts shall be available in fiscal year 2022 only to the extent
provided in advance in appropriations Acts.
In addition, up to $1,000,000 to be derived from fees collected
pursuant to section 303(c) of the Social Security Protection Act,
which shall remain available until expended.
OFFICE OF INSPECTOR GENERAL
(INCLUDING TRANSFER OF FUNDS)

Notice.
Time period.

For expenses necessary for the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, $30,000,000, together with not to exceed $75,500,000, to be
transferred and expended as authorized by section 201(g)(1) of
the Social Security Act from the Federal Old-Age and Survivors
Insurance Trust Fund and the Federal Disability Insurance Trust
Fund.
In addition, an amount not to exceed 3 percent of the total
provided in this appropriation may be transferred from the ‘‘Limitation on Administrative Expenses’’, Social Security Administration,
to be merged with this account, to be available for the time and
purposes for which this account is available: Provided, That notice
of such transfers shall be transmitted promptly to the Committees
on Appropriations of the House of Representatives and the Senate
at least 15 days in advance of any transfer.
TITLE V
GENERAL PROVISIONS

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(TRANSFER OF FUNDS)

SEC. 501. The Secretaries of Labor, Health and Human Services, and Education are authorized to transfer unexpended balances
of prior appropriations to accounts corresponding to current appropriations provided in this Act. Such transferred balances shall
be used for the same purpose, and for the same periods of time,
for which they were originally appropriated.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1621

SEC. 502. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
SEC. 503. (a) No part of any appropriation contained in this
Act or transferred pursuant to section 4002 of Public Law 111–
148 shall be used, other than for normal and recognized executivelegislative relationships, for publicity or propaganda purposes, for
the preparation, distribution, or use of any kit, pamphlet, booklet,
publication, electronic communication, radio, television, or video
presentation designed to support or defeat the enactment of legislation before the Congress or any State or local legislature or legislative body, except in presentation to the Congress or any State
or local legislature itself, or designed to support or defeat any
proposed or pending regulation, administrative action, or order
issued by the executive branch of any State or local government,
except in presentation to the executive branch of any State or
local government itself.
(b) No part of any appropriation contained in this Act or transferred pursuant to section 4002 of Public Law 111–148 shall be
used to pay the salary or expenses of any grant or contract recipient,
or agent acting for such recipient, related to any activity designed
to influence the enactment of legislation, appropriations, regulation,
administrative action, or Executive order proposed or pending before
the Congress or any State government, State legislature or local
legislature or legislative body, other than for normal and recognized
executive-legislative relationships or participation by an agency or
officer of a State, local or tribal government in policymaking and
administrative processes within the executive branch of that government.
(c) The prohibitions in subsections (a) and (b) shall include
any activity to advocate or promote any proposed, pending or future
Federal, State or local tax increase, or any proposed, pending,
or future requirement or restriction on any legal consumer product,
including its sale or marketing, including but not limited to the
advocacy or promotion of gun control.
SEC. 504. The Secretaries of Labor and Education are authorized to make available not to exceed $28,000 and $20,000, respectively, from funds available for salaries and expenses under titles
I and III, respectively, for official reception and representation
expenses; the Director of the Federal Mediation and Conciliation
Service is authorized to make available for official reception and
representation expenses not to exceed $5,000 from the funds available for ‘‘Federal Mediation and Conciliation Service, Salaries and
Expenses’’; and the Chairman of the National Mediation Board
is authorized to make available for official reception and representation expenses not to exceed $5,000 from funds available for
‘‘National Mediation Board, Salaries and Expenses’’.
SEC. 505. When issuing statements, press releases, requests
for proposals, bid solicitations and other documents describing
projects or programs funded in whole or in part with Federal
money, all grantees receiving Federal funds included in this Act,
including but not limited to State and local governments and recipients of Federal research grants, shall clearly state—
(1) the percentage of the total costs of the program or
project which will be financed with Federal money;
(2) the dollar amount of Federal funds for the project
or program; and

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Propaganda.
Lobbying.

Gun control.

PUBL260A

134 STAT. 1622

Abortion.

Definition.

Abortion.

Discrimination.

Definition.

Human embryos.

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Definition.

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PUBLIC LAW 116–260—DEC. 27, 2020

(3) percentage and dollar amount of the total costs of the
project or program that will be financed by non-governmental
sources.
SEC. 506. (a) None of the funds appropriated in this Act, and
none of the funds in any trust fund to which funds are appropriated
in this Act, shall be expended for any abortion.
(b) None of the funds appropriated in this Act, and none of
the funds in any trust fund to which funds are appropriated in
this Act, shall be expended for health benefits coverage that includes
coverage of abortion.
(c) The term ‘‘health benefits coverage’’ means the package
of services covered by a managed care provider or organization
pursuant to a contract or other arrangement.
SEC. 507. (a) The limitations established in the preceding section shall not apply to an abortion—
(1) if the pregnancy is the result of an act of rape or
incest; or
(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness, including a lifeendangering physical condition caused by or arising from the
pregnancy itself, that would, as certified by a physician, place
the woman in danger of death unless an abortion is performed.
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or private
person of State, local, or private funds (other than a State’s or
locality’s contribution of Medicaid matching funds).
(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from offering
abortion coverage or the ability of a State or locality to contract
separately with such a provider for such coverage with State funds
(other than a State’s or locality’s contribution of Medicaid matching
funds).
(d)(1) None of the funds made available in this Act may be
made available to a Federal agency or program, or to a State
or local government, if such agency, program, or government subjects any institutional or individual health care entity to discrimination on the basis that the health care entity does not provide,
pay for, provide coverage of, or refer for abortions.
(2) In this subsection, the term ‘‘health care entity’’ includes
an individual physician or other health care professional, a
hospital, a provider-sponsored organization, a health maintenance organization, a health insurance plan, or any other kind
of health care facility, organization, or plan.
SEC. 508. (a) None of the funds made available in this Act
may be used for—
(1) the creation of a human embryo or embryos for research
purposes; or
(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of injury
or death greater than that allowed for research on fetuses
in utero under 45 CFR 46.204(b) and section 498(b) of the
Public Health Service Act (42 U.S.C. 289g(b)).
(b) For purposes of this section, the term ‘‘human embryo
or embryos’’ includes any organism, not protected as a human
subject under 45 CFR 46 as of the date of the enactment of this
Act, that is derived by fertilization, parthenogenesis, cloning, or

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1623

any other means from one or more human gametes or human
diploid cells.
SEC. 509. (a) None of the funds made available in this Act
may be used for any activity that promotes the legalization of
any drug or other substance included in schedule I of the schedules
of controlled substances established under section 202 of the Controlled Substances Act except for normal and recognized executivecongressional communications.
(b) The limitation in subsection (a) shall not apply when there
is significant medical evidence of a therapeutic advantage to the
use of such drug or other substance or that federally sponsored
clinical trials are being conducted to determine therapeutic advantage.
SEC. 510. None of the funds made available in this Act may
be used to promulgate or adopt any final standard under section
1173(b) of the Social Security Act providing for, or providing for
the assignment of, a unique health identifier for an individual
(except in an individual’s capacity as an employer or a health
care provider), until legislation is enacted specifically approving
the standard.
SEC. 511. None of the funds made available in this Act may
be obligated or expended to enter into or renew a contract with
an entity if—
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in 38 U.S.C. 4212(d)
regarding submission of an annual report to the Secretary
of Labor concerning employment of certain veterans; and
(2) such entity has not submitted a report as required
by that section for the most recent year for which such requirement was applicable to such entity.
SEC. 512. 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 Act or any other appropriation Act.
SEC. 513. None of the funds made available by this Act to
carry out the Library Services and Technology Act may be made
available to any library covered by paragraph (1) of section 224(f)
of such Act, as amended by the Children’s Internet Protection
Act, unless such library has made the certifications required by
paragraph (4) of such section.
SEC. 514. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies funded
by this Act that remain available for obligation or expenditure
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 agencies funded by this Act, shall be available for obligation
or expenditure through a reprogramming of funds that—
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes or renames offices;
(6) reorganizes programs or activities; or

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Drugs and drug
abuse.

Health and
health care.

Contracts.
Reports.

Certifications.

Consultations.
Time periods.
Notifications.

PUBL260A

134 STAT. 1624

Political
disclosures.

Deadline.
Operating plan.

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Reports.
Contracts.
Grants.

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PUBLIC LAW 116–260—DEC. 27, 2020

(7) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Committees on Appropriations of the House of Representatives and the Senate are consulted 15 days in advance of such
reprogramming or of an announcement of intent relating to such
reprogramming, whichever occurs earlier, and are notified in writing
10 days in advance of such reprogramming.
(b) None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by this
Act that remain available for obligation or expenditure 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
agencies funded by this Act, shall be available for obligation or
expenditure through a reprogramming of funds in excess of $500,000
or 10 percent, whichever is less, that—
(1) augments existing programs, projects (including
construction projects), or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or
(3) 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;
unless the Committees on Appropriations of the House of Representatives and the Senate are consulted 15 days in advance of such
reprogramming or of an announcement of intent relating to such
reprogramming, whichever occurs earlier, and are notified in writing
10 days in advance of such reprogramming.
SEC. 515. (a) None of the funds made available in this Act
may be used to request that a candidate for appointment to a
Federal scientific advisory committee disclose the political affiliation
or voting history of the candidate or the position that the candidate
holds with respect to political issues not directly related to and
necessary for the work of the committee involved.
(b) None of the funds made available in this Act may be
used to disseminate information that is deliberately false or misleading.
SEC. 516. Within 45 days of enactment of this Act, each department and related agency funded through this Act shall submit
an operating plan that details at the program, project, and activity
level any funding allocations for fiscal year 2021 that are different
than those specified in this Act, the explanatory statement described
in section 4 (in the matter preceding division A of this consolidated
Act), or the fiscal year 2021 budget request.
SEC. 517. The Secretaries of Labor, Health and Human Services, and Education shall each prepare and submit to the Committees on Appropriations of the House of Representatives and the
Senate a report on the number and amount of contracts, grants,
and cooperative agreements exceeding $500,000, individually or
in total for a particular project, activity, or programmatic initiative,
in value and awarded by the Department on a non-competitive
basis during each quarter of fiscal year 2021, but not to include
grants awarded on a formula basis or directed by law. Such report
shall include the name of the contractor or grantee, the amount
of funding, the governmental purpose, including a justification for
issuing the award on a non-competitive basis. Such report shall

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1625

be transmitted to the Committees within 30 days after the end
of the quarter for which the report is submitted.
SEC. 518. None of the funds appropriated in this Act shall
be expended or obligated by the Commissioner of Social Security,
for purposes of administering Social Security benefit payments
under title II of the Social Security Act, to process any claim
for credit for a quarter of coverage based on work performed under
a social security account number that is not the claimant’s number
and the performance of such work under such number has formed
the basis for a conviction of the claimant of a violation of section
208(a)(6) or (7) of the Social Security Act.
SEC. 519. None of the funds appropriated by this Act may
be used by the Commissioner of Social Security or the Social Security Administration to pay the compensation of employees of the
Social Security Administration to administer Social Security benefit
payments, under any agreement between the United States and
Mexico establishing totalization arrangements between the social
security system established by title II of the Social Security Act
and the social security system of Mexico, which would not otherwise
be payable but for such agreement.
SEC. 520. (a) 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.
(b) 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.
SEC. 521. None of the funds made available under this or
any other Act, or any prior Appropriations Act, may be provided
to the Association of Community Organizations for Reform Now
(ACORN), or any of its affiliates, subsidiaries, allied organizations,
or successors.
SEC. 522. For purposes of carrying out Executive Order 13589,
Office of Management and Budget Memorandum M–12–12 dated
May 11, 2012, and requirements contained in the annual appropriations bills relating to conference attendance and expenditures:
(1) the operating divisions of HHS shall be considered
independent agencies; and
(2) attendance at and support for scientific conferences
shall be tabulated separately from and not included in agency
totals.
SEC. 523. Federal agencies funded under this Act shall clearly
state within the text, audio, or video used for advertising or educational purposes, including emails or Internet postings, that the
communication is printed, published, or produced and disseminated
at U.S. taxpayer expense. The funds used by a Federal agency
to carry out this requirement shall be derived from amounts made
available to the agency for advertising or other communications
regarding the programs and activities of the agency.
SEC. 524. (a) Federal agencies may use Federal discretionary
funds that are made available in this Act to carry out up to
10 Performance Partnership Pilots. Such Pilots shall be governed
by the provisions of section 526 of division H of Public Law 113–
76, except that in carrying out such Pilots section 526 shall be
applied by substituting ‘‘Fiscal Year 2021’’ for ‘‘Fiscal Year 2014’’
in the title of subsection (b) and by substituting ‘‘September 30,

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Mexico.

Pornography.

ACORN.

PUBL260A

134 STAT. 1626

Time period.

Reports.
31 USC 1502
note.

Lists.
Grants.
Deadline.
Time period.

Needles.
Drugs and drug
abuse.
Consultation.
Determination.
HIV.

Deadline.

PUBLIC LAW 116–260—DEC. 27, 2020

2025’’ for ‘‘September 30, 2018’’ each place it appears: Provided,
That such pilots shall include communities that have experienced
civil unrest.
(b) In addition, Federal agencies may use Federal discretionary
funds that are made available in this Act to participate in Performance Partnership Pilots that are being carried out pursuant to
the authority provided by section 526 of division H of Public Law
113–76, section 524 of division G of Public Law 113–235, section
525 of division H of Public Law 114–113, section 525 of division
H of Public Law 115–31, section 525 of division H of Public Law
115–141, and section 524 of division A of Public Law 116–94.
(c) Pilot sites selected under authorities in this Act and prior
appropriations Acts may be granted by relevant agencies up to
an additional 5 years to operate under such authorities.
SEC. 525. Not later than 30 days after the end of each calendar
quarter, beginning with the first month of fiscal year 2021 the
Departments of Labor, Health and Human Services and Education
and the Social Security Administration shall provide the Committees on Appropriations of the House of Representatives and Senate
a report on the status of balances of appropriations: Provided,
That for balances that are unobligated and uncommitted, committed, and obligated but unexpended, the monthly reports shall
separately identify the amounts attributable to each source year
of appropriation (beginning with fiscal year 2012, or, to the extent
feasible, earlier fiscal years) from which balances were derived.
SEC. 526. The Departments of Labor, Health and Human Services, or Education shall provide to the Committees on Appropriations of the House of Representatives and the Senate a comprehensive list of any new or competitive grant award notifications,
including supplements, issued at the discretion of such Departments
not less than 3 full business days before any entity selected to
receive a grant award is announced by the Department or its
offices (other than emergency response grants at any time of the
year or for grant awards made during the last 10 business days
of the fiscal year, or if applicable, of the program year).
SEC. 527. Notwithstanding any other provision of this Act,
no funds appropriated in this Act shall be used to purchase sterile
needles or syringes for the hypodermic injection of any illegal drug:
Provided, That such limitation does not apply to the use of funds
for elements of a program other than making such purchases if
the relevant State or local health department, in consultation with
the Centers for Disease Control and Prevention, determines that
the State or local jurisdiction, as applicable, is experiencing, or
is at risk for, a significant increase in hepatitis infections or an
HIV outbreak due to injection drug use, and such program is
operating in accordance with State and local law.
SEC. 528. Each department and related agency funded through
this Act shall provide answers to questions submitted for the record
by members of the Committee within 45 business days after receipt.

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(RESCISSION)

SEC. 529. Of the unobligated balances made available by section
301(b)(3) of Public Law 114–10, $2,000,000,000 are hereby
rescinded.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1627

(RESCISSION)

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SEC. 530. Of any available amounts appropriated under section
2104(a)(24) of the Social Security Act (42 U.S.C. 1397dd) that are
unobligated as of September 25, 2021, $1,000,000,000 are hereby
rescinded as of such date.
SEC. 531. Of the unobligated balances made available for purposes of carrying out section 2105(a)(3) of the Social Security Act,
$4,000,000,000 shall not be available for obligation in this fiscal
year.
SEC. 532. Of amounts deposited in the Child Enrollment Contingency Fund under section 2104(n)(2) of the Social Security Act
and the income derived from investment of those funds pursuant
to section 2104(n)(2)(C) of that Act, $14,000,000,000 shall not be
available for obligation in this fiscal year.
SEC. 533. For an additional amount for ‘‘Department of Health
and Human Services—Administration for Children and Families—
Children and Families Services Programs’’, $638,000,000, to prevent, prepare for, and respond to coronavirus, for necessary
expenses for grants to carry out a Low-Income Household Drinking
Water and Wastewater Emergency Assistance Program: Provided,
That the Secretary of Health and Human Services shall make
grants to States and Indian Tribes to assist low-income households,
particularly those with the lowest incomes, that pay a high proportion of household income for drinking water and wastewater services, by providing funds to owners or operators of public water
systems or treatment works to reduce arrearages of and rates
charged to such households for such services: Provided further,
That in carrying out this appropriation, the Secretary, States, and
Indian Tribes, as applicable, shall, as appropriate and to the extent
practicable, use existing processes, procedures, policies, and systems
in place to provide assistance to low-income households, including
by using existing programs and program announcements, application and approval processes: Provided further, That the Secretary
shall allot amounts appropriated in this section to a State or Indian
Tribe based on the following (i) the percentage of households in
the State, or under the jurisdiction of the Indian Tribe, with income
equal to or less than 150 percent of the Federal poverty line,
and (ii) the percentage of such households in the State, or under
the jurisdiction of the Indian Tribe, that spend more than 30
percent of monthly income on housing: Provided further, That up
to 3 percent of the amount appropriated in this section shall be
reserved for Indian Tribes and tribal organizations: Provided further, That such amount is designated 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.
This division may be cited as the ‘‘Departments of Labor, Health
and Human Services, and Education, and Related Agencies Appropriations Act, 2021’’.

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Grants.
Water.

Allotments.

PUBL260A

134 STAT. 1628

PUBLIC LAW 116–260—DEC. 27, 2020

DIVISION I—LEGISLATIVE BRANCH APPROPRIATIONS
ACT, 2021

Legislative
Branch
Appropriations
Act, 2021.
2 USC 60a note.

TITLE I
LEGISLATIVE BRANCH
SENATE
EXPENSE ALLOWANCES
For expense allowances of the Vice President, $18,760; the
President Pro Tempore of the Senate, $37,520; Majority Leader
of the Senate, $39,920; Minority Leader of the Senate, $39,920;
Majority Whip of the Senate, $9,980; Minority Whip of the Senate,
$9,980; President Pro Tempore Emeritus, $15,000; Chairmen of
the Majority and Minority Conference Committees, $4,690 for each
Chairman; and Chairmen of the Majority and Minority Policy
Committees, $4,690 for each Chairman; in all, $189,840.
For representation allowances of the Majority and Minority
Leaders of the Senate, $14,070 for each such Leader; in all, $28,140.
SALARIES, OFFICERS

AND

EMPLOYEES

For compensation of officers, employees, and others as authorized by law, including agency contributions, $222,727,000, which
shall be paid from this appropriation as follows:
OFFICE OF THE VICE PRESIDENT

For the Office of the Vice President, $2,533,000.
OFFICE OF THE PRESIDENT PRO TEMPORE

For the Office of the President Pro Tempore, $759,000.
OFFICE OF THE PRESIDENT PRO TEMPORE EMERITUS

For the Office of the President Pro Tempore Emeritus,
$326,000.
OFFICES OF THE MAJORITY AND MINORITY LEADERS

For Offices of the Majority and Minority Leaders, $5,506,000.
OFFICES OF THE MAJORITY AND MINORITY WHIPS

For Offices of the Majority and Minority Whips, $3,525,000.
COMMITTEE ON APPROPRIATIONS

For salaries of the Committee on Appropriations, $16,143,000.

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CONFERENCE COMMITTEES

For the Conference of the Majority and the Conference of the
Minority, at rates of compensation to be fixed by the Chairman
of each such committee, $1,738,000 for each such committee; in
all, $3,476,000.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1629

OFFICES OF THE SECRETARIES OF THE CONFERENCE OF THE MAJORITY
AND THE CONFERENCE OF THE MINORITY

For Offices of the Secretaries of the Conference of the Majority
and the Conference of the Minority, $862,000.
POLICY COMMITTEES

For salaries of the Majority Policy Committee and the Minority
Policy Committee, $1,776,000 for each such committee; in all,
$3,552,000.
OFFICE OF THE CHAPLAIN

For Office of the Chaplain, $510,000.
OFFICE OF THE SECRETARY

For Office of the Secretary, $26,818,000.
OFFICE OF THE SERGEANT AT ARMS AND DOORKEEPER

For Office
$88,879,000.

of

the

Sergeant

at

Arms

and

Doorkeeper,

OFFICES OF THE SECRETARIES FOR THE MAJORITY AND MINORITY

For Offices of the Secretary for the Majority and the Secretary
for the Minority, $1,940,000.
AGENCY CONTRIBUTIONS AND RELATED EXPENSES

For agency contributions for employee benefits, as authorized
by law, and related expenses, $67,898,000.
OFFICE

OF THE

LEGISLATIVE COUNSEL

OF THE

SENATE

For salaries and expenses of the Office of the Legislative
Counsel of the Senate, $6,681,000.
OFFICE

OF

SENATE LEGAL COUNSEL

For salaries and expenses of the Office of Senate Legal Counsel,
$1,197,000.
EXPENSE ALLOWANCES OF THE SECRETARY OF THE SENATE, SERGEANT AT ARMS AND DOORKEEPER OF THE SENATE, AND SECRETARIES FOR THE MAJORITY AND MINORITY OF THE SENATE
For expense allowances of the Secretary of the Senate, $7,110;
Sergeant at Arms and Doorkeeper of the Senate, $7,110; Secretary
for the Majority of the Senate, $7,110; Secretary for the Minority
of the Senate, $7,110; in all, $28,440.
CONTINGENT EXPENSES

OF THE

SENATE

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INQUIRIES AND INVESTIGATIONS

For expenses of inquiries and investigations ordered by the
Senate, or conducted under paragraph 1 of rule XXVI of the

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PUBL260A

134 STAT. 1630

PUBLIC LAW 116–260—DEC. 27, 2020

Standing Rules of the Senate, section 112 of the Supplemental
Appropriations and Rescission Act, 1980 (Public Law 96–304), and
Senate Resolution 281, 96th Congress, agreed to March 11, 1980,
$133,265,000, of which $13,350,000 shall remain available until
September 30, 2023.
U.S. SENATE CAUCUS ON INTERNATIONAL NARCOTICS CONTROL

For expenses of the United States Senate Caucus on International Narcotics Control, $508,000.
SECRETARY OF THE SENATE

For expenses of the Office of the Secretary of the Senate,
$9,536,000 of which $6,436,000 shall remain available until September 30, 2025 and of which $3,100,000 shall remain available
until expended.
SERGEANT AT ARMS AND DOORKEEPER OF THE SENATE

For expenses of the Office of the Sergeant at Arms and Doorkeeper of the Senate, $139,221,200, which shall remain available
until September 30, 2025: Provided, That of the amounts made
available under this heading, $4,740,000, to remain available until
expended, shall be for the Joint Audible Warning System.
MISCELLANEOUS ITEMS

For miscellaneous items, $24,877,100 which shall remain available until September 30, 2023.
SENATORS’ OFFICIAL PERSONNEL AND OFFICE EXPENSE ACCOUNT

For Senators’ Official Personnel and Office Expense Account,
$461,000,000 of which $20,128,950 shall remain available until
September 30, 2023 and of which $6,000,000 shall be allocated
solely for the purpose of providing financial compensation to Senate
interns.
OFFICIAL MAIL COSTS

For expenses necessary for official mail costs of the Senate,
$300,000.
ADMINISTRATIVE PROVISIONS
(INCLUDING RESCISSION

OF

FUNDS)

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REQUIRING AMOUNTS REMAINING IN SENATORS’ OFFICIAL PERSONNEL
AND OFFICE EXPENSE ACCOUNT TO BE USED FOR DEFICIT REDUCTION OR TO REDUCE THE FEDERAL DEBT

SEC. 101. Notwithstanding any other provision of law, any
amounts appropriated under this Act under the heading ‘‘SENATE’’
under the heading ‘‘CONTINGENT EXPENSES OF THE SENATE’’ under
the heading ‘‘SENATORS’ OFFICIAL PERSONNEL AND OFFICE EXPENSE
ACCOUNT’’ shall be available for obligation only during the fiscal
year or fiscal years for which such amounts are made available.
Any unexpended balances under such allowances remaining after

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1631

the end of the period of availability shall be returned to the
Treasury in accordance with the undesignated paragraph under
the center heading ‘‘GENERAL PROVISION’’ under chapter XI
of the Third Supplemental Appropriation Act, 1957 (2 U.S.C. 4107)
and used for deficit reduction (or, if there is no Federal budget
deficit after all such payments have been made, for reducing the
Federal debt, in such manner as the Secretary of the Treasury
considers appropriate).
RESCISSION

SEC. 102. Of the unobligated balances made available under
the heading ‘‘Senate—Contingent Expenses of the Senate—Settlements and Awards Reserve’’ in the Legislative Branch Appropriations Act, 1996 (Public Law 104–53), $1,000,000 are hereby permanently rescinded.
EXTENSION OF AUTHORITY

SEC. 103. Section 21(d) of Senate Resolution 64 of the One
Hundred Thirteenth Congress, 1st session (agreed to on March
5, 2013), as most recently amended by section 103 of the Legislative
Branch Appropriations Act, 2019 (division B of Public Law 115–
244), is further amended by striking ‘‘December 31, 2020’’ and
inserting ‘‘December 31, 2022’’.

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SENATE DEMOCRATIC LEADERSHIP OFFICES FUNDING AND
AUTHORITIES

SEC. 104. (a) In this section—
(1) the term ‘‘applicable conference’’ means the majority
or minority conference of the Senate, as applicable, that represents the Democratic party;
(2) the term ‘‘covered Congress’’ means the 117th Congress;
and
(3) the term ‘‘covered period’’ means the period beginning
on the date on which the Secretary of the applicable conference
submits the letter described in subsection (b) and ending on
January 3, 2023.
(b) The Secretary of the applicable conference may, by submission of a letter to the Disbursing Office of the Senate on or after
January 3, 2021, assign to the Assistant Leader of the applicable
conference the following duties and authorities for the duration
of the covered Congress:
(1) The authority over any amounts made available for
the Office of the Secretary of the applicable conference.
(2) The duties and authorities of the Secretary of the
applicable conference under section 3 of title I of division H
of the Consolidated Appropriations Act, 2008 (2 U.S.C. 6154),
section 102 of chapter VIII of title I of the Supplemental Appropriations Act, 1979 (2 U.S.C. 6156), or any other provision
of law.
(c) For purposes of any individual employed by the Office of
the Assistant Leader of the applicable conference during the covered
period—
(1) any reference to the Office of the Secretary of the
applicable conference in the last sentence of section 506(e)
of the Supplemental Appropriations Act, 1973 (2 U.S.C. 6314(e))

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2 USC 6154 note.
Definitions.

Effective date.

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134 STAT. 1632

PUBLIC LAW 116–260—DEC. 27, 2020

shall be deemed to refer to the Office of the Assistant Leader
of the applicable conference;
(2) any reference to the Office of the Secretary of the
applicable conference under subsection (b) of the first section
of S. Res. 458 (98th Congress) shall be deemed to refer to
the Office of the Assistant Leader of the applicable conference;
and
(3) any reference to the Secretary of the applicable conference under section 207(e)(9)(M) of title 18, United States
Code, shall be deemed to refer to the Assistant Leader of
the applicable conference.
(d) For purposes of any individual employed by the Office
of the Assistant Leader of the applicable conference during the
covered period and with respect to any practice that occurs during
the covered period, any reference to the Office of the Secretary
of the applicable conference under section 220(e)(2)(C) of the
Congressional Accountability Act of 1995 (2 U.S.C. 1351(e)(2)(C))
shall be deemed to be a reference to the Office of the Assistant
Leader of the applicable conference.
(e) Nothing in this section shall be construed to have any
effect on the continuation of any procedure or action initiated under
the Congressional Accountability Act of 1995 (2 U.S.C. 1301 et
seq.) or section 207 of title 18, United States Code.
STUDENT LOAN CAP ADJUSTMENT

2 USC 4579 note.

SEC. 105. (a) Section 102 of the Legislative Branch Appropriations Act, 2002 (2 U.S.C. 4579) is amended—
(1) in subsection (c)(2)(A)—
(A) in clause (i), by striking ‘‘ $500’’ and inserting
‘‘ $833’’; and
(B) in clause (ii), by striking ‘‘ $40,000’’ and inserting
‘‘ $80,000’’; and
(2) in subsection (h)(1), by striking ‘‘2 percent’’ each place
it appears and inserting ‘‘2.5 percent’’.
(b) The amendments made by subsection (a) shall take effect
on March 1, 2021.
HOUSE OF REPRESENTATIVES
SALARIES

AND

EXPENSES

For salaries and expenses of the House of Representatives,
$1,480,819,000, as follows:

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HOUSE LEADERSHIP OFFICES
For salaries and expenses, as authorized by law, $28,884,000,
including: Office of the Speaker, $8,295,000, including $25,000 for
official expenses of the Speaker; Office of the Majority Floor Leader,
$2,947,000, including $10,000 for official expenses of the Majority
Leader; Office of the Minority Floor Leader, $8,295,000, including
$10,000 for official expenses of the Minority Leader; Office of the
Majority Whip, including the Chief Deputy Majority Whip,
$2,448,000, including $5,000 for official expenses of the Majority
Whip; Office of the Minority Whip, including the Chief Deputy
Minority Whip, $2,219,000, including $5,000 for official expenses

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1633

of the Minority Whip; Republican Conference, $2,340,000; Democratic Caucus, $2,340,000: Provided, That such amount for salaries
and expenses shall remain available from January 3, 2021 until
January 2, 2022.
MEMBERS’ REPRESENTATIONAL ALLOWANCES
INCLUDING MEMBERS’ CLERK HIRE, OFFICIAL EXPENSES OF MEMBERS,
AND OFFICIAL MAIL

For Members’ representational allowances, including Members’
clerk hire, official expenses, and official mail, $640,000,000.
ALLOWANCE

FOR

COMPENSATION

OF INTERNS IN

MEMBER OFFICES

For the allowance established under section 120 of the Legislative Branch Appropriations Act, 2019 (2 U.S.C. 5322a) for the
compensation of interns who serve in the offices of Members of
the House of Representatives, $11,025,000, to remain available
through January 2, 2022: Provided, That notwithstanding section
120(b) of such Act, an office of a Member of the House of Representatives may use not more than $25,000 of the allowance available
under this heading during calendar year 2021.
ALLOWANCE

FOR

COMPENSATION OF INTERNS
OFFICES

IN

HOUSE LEADERSHIP

For the allowance established under section 113 of the Legislative Branch Appropriations Act, 2020 (2 U.S.C. 5106) for the compensation of interns who serve in House leadership offices, $365,000,
to remain available through January 2, 2022: Provided, That of
the amount provided under this heading, $200,000 shall be available
for the compensation of interns who serve in House leadership
offices of the majority, to be allocated among such offices by the
Speaker of the House of Representatives, and $165,000 shall be
available for the compensation of interns who serve in House leadership offices of the minority, to be allocated among such offices
by the Minority Floor Leader.
COMMITTEE EMPLOYEES
STANDING COMMITTEES, SPECIAL

AND

SELECT

For salaries and expenses of standing committees, special and
select, authorized by House resolutions, $138,100,000: Provided,
That such amount shall remain available for such salaries and
expenses until December 31, 2022, except that $3,100,000 of such
amount shall remain available until expended for committee room
upgrading.

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COMMITTEE

ON

APPROPRIATIONS

For salaries and expenses of the Committee on Appropriations,
$24,725,000, including studies and examinations of executive agencies and temporary personal services for such committee, to be
expended in accordance with section 202(b) of the Legislative
Reorganization Act of 1946 and to be available for reimbursement
to agencies for services performed: Provided, That such amount

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134 STAT. 1634

PUBLIC LAW 116–260—DEC. 27, 2020

shall remain available for such salaries and expenses until
December 31, 2022.
SALARIES, OFFICERS

AND

EMPLOYEES

For compensation and expenses of officers and employees, as
authorized by law, $260,781,000, including: for salaries and
expenses of the Office of the Clerk, including the positions of the
Chaplain and the Historian, and including not more than $25,000
for official representation and reception expenses, of which not
more than $20,000 is for the Family Room and not more than
$2,000 is for the Office of the Chaplain, $31,975,000, of which
$4,000,000 shall remain available until expended; for salaries and
expenses of the Office of the Sergeant at Arms, including the
position of Superintendent of Garages and the Office of Emergency
Management, and including not more than $3,000 for official representation and reception expenses, $23,260,000, of which
$11,000,000 shall remain available until expended; for salaries and
expenses of the Office of the Chief Administrative Officer including
not more than $3,000 for official representation and reception
expenses, $177,200,000, of which $26,000,000 shall remain available
until expended; for salaries and expenses of the Office of Diversity
and Inclusion, $1,500,000; for salaries and expenses of the Office
of the Whistleblower Ombudsman, $1,000,000; for salaries and
expenses of the Office of the Inspector General, $5,019,000; for
salaries and expenses of the Office of General Counsel, $1,815,000;
for salaries and expenses of the Office of the Parliamentarian,
including the Parliamentarian, $2,000 for preparing the Digest
of Rules, and not more than $1,000 for official representation and
reception expenses, $2,088,000; for salaries and expenses of the
Office of the Law Revision Counsel of the House, $3,469,000; for
salaries and expenses of the Office of the Legislative Counsel of
the House, $11,937,000; for salaries and expenses of the Office
of Interparliamentary Affairs, $934,000; for other authorized
employees, $584,000.

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ALLOWANCES

AND

EXPENSES

For allowances and expenses as authorized by House resolution
or law, $374,939,000, including: supplies, materials, administrative
costs and Federal tort claims, $1,555,000; official mail for committees, leadership offices, and administrative offices of the House,
$190,000; Government contributions for health, retirement, Social
Security, contractor support for actuarial projections, and other
applicable employee benefits, $335,000,000, to remain available
until March 31, 2022; salaries and expenses for Business Continuity
and Disaster Recovery, $18,508,000, of which $6,000,000 shall
remain available until expended; transition activities for new members and staff, $13,000,000, to remain available until expended;
Wounded Warrior Program and the Congressional Gold Star Family
Fellowship Program, $3,975,000, to remain available until
expended; Office of Congressional Ethics, $1,711,000; and miscellaneous items including purchase, exchange, maintenance, repair and
operation of House motor vehicles, interparliamentary receptions,
and gratuities to heirs of deceased employees of the House,
$1,000,000.

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PUBLIC LAW 116–260—DEC. 27, 2020
HOUSE

OF

134 STAT. 1635

REPRESENTATIVES MODERNIZATION INITIATIVES ACCOUNT
(INCLUDING TRANSFER OF FUNDS)

For the House of Representatives Modernization Initiatives
Account established in section 115, $2,000,000, to remain available
until expended: Provided, That disbursement from this account
is subject to approval of the Committee on Appropriations of the
House of Representatives: Provided further, That funds provided
in this account shall only be used for initiatives recommended
by the Select Committee on Modernization or approved by the
Committee on House Administration.

Approval.

ADMINISTRATIVE PROVISIONS
REQUIRING AMOUNTS REMAINING IN MEMBERS’ REPRESENTATIONAL
ALLOWANCES TO BE USED FOR DEFICIT REDUCTION OR TO REDUCE
THE FEDERAL DEBT

SEC. 110. (a) Notwithstanding any other provision of law, any
amounts appropriated under this Act for ‘‘HOUSE OF REPRESENTATIVES—SALARIES AND EXPENSES—MEMBERS’ REPRESENTATIONAL ALLOWANCES’’ shall be available only for fiscal year 2021.
Any amount remaining after all payments are made under such
allowances for fiscal year 2021 shall be deposited in the Treasury
and used for deficit reduction (or, if there is no Federal budget
deficit after all such payments have been made, for reducing the
Federal debt, in such manner as the Secretary of the Treasury
considers appropriate).
(b) The Committee on House Administration of the House of
Representatives shall have authority to prescribe regulations to
carry out this section.
(c) As used in this section, the term ‘‘Member of the House
of Representatives’’ means a Representative in, or a Delegate or
Resident Commissioner to, the Congress.

Regulations.

Definition.

LIMITATION ON AMOUNT AVAILABLE TO LEASE VEHICLES

SEC. 111. None of the funds made available in this Act may
be used by the Chief Administrative Officer of the House of Representatives to make any payments from any Members’ Representational Allowance for the leasing of a vehicle, excluding mobile
district offices, in an aggregate amount that exceeds $1,000 for
the vehicle in any month.

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CYBERSECURITY ASSISTANCE FOR HOUSE OF REPRESENTATIVES

SEC. 112. The head of any Federal entity that provides assistance to the House of Representatives in the House’s efforts to
deter, prevent, mitigate, or remediate cybersecurity risks to, and
incidents involving, the information systems of the House shall
take all necessary steps to ensure the constitutional integrity of
the separate branches of the government at all stages of providing
the assistance, including applying minimization procedures to limit
the spread or sharing of privileged House and Member information.

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134 STAT. 1636

PUBLIC LAW 116–260—DEC. 27, 2020
RESCISSIONS OF FUNDS

SEC. 113. (a) Of the unobligated balances available from prior
appropriations Acts from the revolving fund established under
House Resolution 64, Ninety Eighth Congress, agreed to February
8, 1983, as enacted into permanent law by section 110 of the
Congressional Operations Appropriation Act, 1984 (2 U.S.C. 4917),
$212,976 is hereby rescinded.
(b) Of the unobligated balances available from prior appropriations Acts from the revolving fund established in the item relating
to ‘‘Stationery’’ under the heading ‘‘House of Representatives,
Contingent Expenses of the House’’ in the first section of the Legislative Branch Appropriation Act, 1948 (2 U.S.C. 5534), $1,000,000
is hereby rescinded.
(c) Of the unobligated balances available from prior appropriations Acts from the Net Expenses of Telecommunications Revolving
Fund under section 102 of the Legislative Branch Appropriations
Act, 2005 (2 U.S.C. 5538), $3,000,000 is hereby rescinded.
STUDENT LOAN CAP ADJUSTMENT

2 USC 4536 note.

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Regulations.
2 USC 4536 note.

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SEC. 114. (a) INCREASE IN LIFETIME LIMIT.—Section 105 of
the Legislative Branch Appropriations Act, 2003 (2 U.S.C. 4536)
is amended—
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d); and
(2) by inserting after subsection (a) the following new subsection:
‘‘(b) LIFETIME LIMIT ON AGGREGATE PAYMENTS MADE ON
BEHALF OF ANY INDIVIDUAL.—The aggregate amount of payments
made on behalf of any individual under the program under this
section by all employing offices of the House of Representatives
may not exceed $80,000.’’.
(b) EFFECTIVE DATE; TRANSITION.—
(1) EFFECTIVE DATE.—The amendment made by subsection
(a) shall apply with respect to fiscal year 2021 and each succeeding fiscal year.
(2) PERMITTING ADDITIONAL PAYMENTS ON BEHALF OF
INDIVIDUALS WHOSE PAYMENTS REACHED PRIOR LIMIT.—In
promulgating regulations to carry out the amendment made
by subsection (a), the Committee on House Administration of
the House of Representatives shall include regulations to permit
payments to be made under the program under section 105
of the Legislative Branch Appropriations Act, 2003 (2 U.S.C.
4536) on behalf of an individual who—
(A) is an employee of an employing office of the House
during fiscal year 2021 or any succeeding fiscal year;
(B) prior to fiscal year 2021, had payments made on
the individual’s behalf under the program under such section; and
(C) prior to fiscal year 2021, became ineligible to have
payments made on the individual’s behalf under the program because the aggregate amount of the payments made
on the individual’s behalf under the program reached the
limit on such aggregate amount which (under regulations
promulgated by the Committee) was in effect prior to fiscal
year 2021.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1637

HOUSE OF REPRESENTATIVES MODERNIZATION INITIATIVES ACCOUNT

SEC. 115. (a) ESTABLISHMENT.—There is hereby established
in the Treasury of the United States an account for the House
of Representatives to be known as the ‘‘House of Representatives
Modernization Initiatives Account’’ (hereafter in this section
referred to as the ‘‘Account’’).
(b) USE OF FUNDS.—Funds in the Account shall be used by
the House of Representatives to carry out initiatives to modernize
the operations of the House, including initiatives to promote
administrative efficiencies and expand the use of innovative technologies in offices of the House.
(c) CONTINUING AVAILABILITY OF FUNDS.—Funds in the Account
are available without fiscal year limitation.
(d) AUTHORIZING TRANSFERS OF FUNDS AMONG OTHER HOUSE
ACCOUNTS.—Section 101(c)(2) of the Legislative Branch Appropriations Act, 1993 (2 U.S.C. 5507(c)(2)) is amended by striking ‘‘,
and ‘Allowance for Compensation of Interns in House Leadership
Offices’.’’ and inserting ‘‘ ‘Allowance for Compensation of Interns
in House Leadership Offices’, and ‘House of Representatives Modernization Initiatives Account’.’’.
(e) EFFECTIVE DATE.—This section and the amendments made
by this section shall apply with respect to fiscal year 2021 and
each succeeding fiscal year.

2 USC 5513.

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CONGRESSIONAL MAILING STANDARDS

SEC. 116. (a) SHORT TITLE.—This section may be cited as the
‘‘Communications Outreach Media and Mail Standards Act’’ or the
‘‘COMMS Act’’.
(b) RENAMING HOUSE COMMISSION ON CONGRESSIONAL MAILING
STANDARDS.—
(1) IN GENERAL.—Section 5(a) of the Act entitled ‘‘An Act
to amend title 39, United States Code, to clarify the proper
use of the franking privilege by Members of Congress, and
for other purposes’’, approved December 18, 1973 (2 U.S.C.
501(a)), is amended by striking ‘‘House Commission on Congressional Mailing Standards’’ and inserting ‘‘House Communications Standards Commission’’.
(2) CONFORMING AMENDMENTS.—
(A) TITLE 39.—Title 39, United States Code, is amended
by striking ‘‘House Commission on Congressional Mailing
Standards’’ and inserting ‘‘House Communications Standards Commission’’ each place it appears in the following
sections:
(i) Section 3210(a)(5), (a)(6)(D), (b)(3), (d)(5), and
(d)(6)(A).
(ii) Section 3216(e)(1) and (e)(2).
(iii) Section 3220(b).
(B) OTHER PROVISIONS.—Section 311 of the Legislative
Branch Appropriations Act, 1991 (2 U.S.C. 503) is amended
by striking ‘‘House Commission on Congressional Mailing
Standards’’ and inserting ‘‘House Communications Standards Commission’’ each place it appears in subsections
(a)(3), (e)(1)(B), and (f).
(3) REFERENCES IN OTHER DOCUMENTS.—Any reference in
any rule, regulation, or other document to the House Commission on Congressional Mailing Standards shall be deemed to

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Communications
Outreach Media
and Mail
Standards Act.
2 USC 501 note.

2 USC 501 note.

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134 STAT. 1638

PUBLIC LAW 116–260—DEC. 27, 2020

be a reference to the House Communications Standards
Commission.
(c) AUTHORITY OF COMMISSION OVER OFFICIAL MASS COMMUNICATIONS.—
(1) AUTHORITY TO PROVIDE GUIDANCE REGARDING DISSEMINATION OF MASS COMMUNICATIONS.—
(A) IN GENERAL.—Section 5(d) of the Act entitled ‘‘An
Act to amend title 39, United States Code, to clarify the
proper use of the franking privilege by Members of Congress, and for other purposes’’, approved December 18,
1973 (2 U.S.C. 501(d)), is amended—
(i) in the first sentence, by striking ‘‘The Commission’’ and inserting ‘‘(1) The Commission’’; and
(ii) by adding at the end the following new paragraph:
‘‘(2) In addition to the guidance, assistance, advice, and
counsel described in paragraph (1), the Commission shall provide—
‘‘(A) guidance, assistance, advice, and counsel, through
advisory opinions or consultations, in connection with any
law and with any rule or regulation of the House of Representatives governing the dissemination of mass communications other than franked mail; and
‘‘(B) guidance, assistance, advice, and counsel in
connection with any law and with any rule or regulation
of the House of Representatives governing the official content of other official communications of any quantity,
whether solicited or unsolicited.’’.
(B) AUTHORITY TO INVESTIGATE COMPLAINTS.—Section
5(e) of such Act (2 U.S.C. 501(e)) is amended—
(i) in the first sentence, by striking ‘‘Any complaint’’ and all that follows through ‘‘is about to occur’’
and inserting the following: ‘‘Any complaint that a
violation of any provision of law or any rule or regulation of the House of Representatives to which subsection (d) applies is about to occur’’; and
(ii) in the sentence beginning with ‘‘Notwithstanding any other provision of law’’, by striking ‘‘a
violation of the franking laws or an abuse of the
franking privilege by any person listed under subsection (d) of this section as entitled to send mail
as franked mail,’’ and inserting ‘‘a violation of any
provision of law or any rule or regulation of the House
of Representatives to which subsection (d) applies,’’.
(C) MASS COMMUNICATION DEFINED.—Section 5 of such
Act (2 U.S.C. 501) is amended by adding at the end the
following new subsection:
‘‘(h) In this section, the term ‘mass communication’ means
a mass mailing described in section 3210(a)(6)(E) of title 39, United
States Code, or any other unsolicited communication of substantially identical content which is transmitted to 500 or more persons
in a session of Congress, as provided under regulations of the
Commission, except that such term does not include—
‘‘(1) any communication from an individual described in
subsection (d) to another individual described in subsection
(d), a Senator, or any Federal, State, local, or Tribal government
official;

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1639

‘‘(2) any news release to the communications media;
‘‘(3) any such mass mailing or unsolicited communication
made in direct response to a communication from a person
to whom the mass mailing or unsolicited communication was
transmitted; or
‘‘(4) in the case of any such unsolicited communication
which is transmitted in a digital format, a communication
for which the cost of the content is less than a threshold
amount established under regulations of the House Communications Standards Commission.’’.
(2) AUTHORITY TO REVIEW ALL UNSOLICITED MASS COMMUNICATIONS.—
(A) REQUIRING REVIEW BEFORE DISSEMINATION.—Section 311(f) of the Legislative Branch Appropriations Act,
1991 (2 U.S.C. 503(f)) is amended—
(i) by striking ‘‘any mass mailing’’ and inserting
‘‘any mass communication’’;
(ii) by striking ‘‘mail matter’’ and inserting
‘‘matter’’; and
(iii) by striking ‘‘such proposed mailing’’ and
inserting ‘‘such proposed communication’’.
(B) EXCEPTION FOR CERTAIN COMMUNICATIONS.—Section 311(f) of such Act (2 U.S.C. 503(f)) is amended—
(i) by striking ‘‘A Member’’ and inserting ‘‘(1)
Except as provided in paragraph (2), a Member’’; and
(ii) by adding at the end the following new paragraph:
‘‘(2) Paragraph (1) does not apply in the case of any type
of mass communication which is designated as exempt from the
requirements of such paragraph as provided under regulations of
the House Communications Standards Commission.’’.
(C) DEFINITION.—Section 311(g) of such Act (2 U.S.C.
503(g)) is amended—
(i) by striking ‘‘and’’ at the end of paragraph (1);
(ii) by striking the period at the end of paragraph
(2) and inserting ‘‘; and’’; and
(iii) by adding at the end the following new paragraph:
‘‘(3) the term ‘mass communication’ means a mass mailing
described in section 3210(a)(6)(E) of title 39, United States
Code, or any other unsolicited communication of substantially
identical content which is transmitted to 500 or more persons
in a session of Congress, as provided under regulations of
the House Communications Standards Commission, except that
such term does not include—
‘‘(A) any communication from a Member of the House
of Representatives to another Member of the House of
Representatives, a Senator, or any Federal, State, or local
government official;
‘‘(B) any news release to the communications media;
‘‘(C) any such mass mailing or unsolicited communication made in direct response to a communication from
a person to whom the mass mailing or unsolicited communication was transmitted; or
‘‘(D) in the case of any such unsolicited communication
which is transmitted in a digital format, a communication
for which the cost of the content is less than a threshold

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134 STAT. 1640

PUBLIC LAW 116–260—DEC. 27, 2020

amount established under regulations of the House
Communications Standards Commission.’’.
(3) CONFORMING AMENDMENT TO RULES OF THE HOUSE OF
REPRESENTATIVES.—Clause 9 of rule XXIV of the Rules of the
House of Representatives is amended by inserting after ‘‘that
session,’’ the following: ‘‘or any other unsolicited communication
of substantially identical content which is transmitted to 500
or more persons in that session or, in the case of a digital
communication of substantially identical content, which is
disseminated at a cost exceeding a designated amount, as provided under regulations of the House Communications Standards Commission,’’.
(d) REVISION TO MASS MAILING NOTICE ON TAXPAYER
FUNDING.—Section 311(a) of the Legislative Branch Appropriations
Act, 1997 (2 U.S.C. 506(a)) is amended—
(1) by striking ‘‘(a) Each mass mailing’’ and inserting ‘‘(a)(1)
Each mass mailing’’;
(2) by striking ‘‘the following notice:’’ and all that follows
through ‘‘or a notice’’ and inserting ‘‘one of the notices described
in paragraph (2) or a notice’’; and
(3) by adding at the end the following new paragraph:
‘‘(2) The notices described in this paragraph are as follows:
‘‘(A) ‘Paid for with official funds from the office of
lllll.’, with the blank filled in with the name of the
Member sending the mailing.
‘‘(B) ‘Paid for by the funds authorized by the House of
Representatives for District ll of lllll.’, with the first
blank filled in with the name of the congressional district
number, and the second blank filled in with the name of the
State, of the Member sending the mailing.
‘‘(C) ‘Paid for by official funds authorized by the House
of Representatives.’ ’’.
(e) REVISIONS TO RESTRICTIONS ON MAIL MATTER CONSIDERED
FRANKABLE.—
(1)
EXPRESSIONS
OF
CONGRATULATIONS.—Section
3210(a)(3)(F) of title 39, United States Code, is amended by
striking ‘‘to a person who has achieved some public distinction’’.
(2) BIOGRAPHICAL INFORMATION RELATED TO OFFICIAL AND
REPRESENTATIONAL DUTIES.—Section 3210(a)(3)(I) of such title
is amended by striking ‘‘publication or in response to a specific
request therefor’’ and inserting the following: ‘‘publication, in
response to a specific request therefor, or which relates to
the Member’s or Member-elect’s official and representational
duties,’’.
(3) PHOTOS AND LIKENESSES INCLUDED IN NEWSLETTERS
OR GENERAL MASS MAILINGS.—Section 3210(a)(3) of such title
is amended—
(A) by adding ‘‘or’’ at the end of subparagraph (H);
(B) in subparagraph (I), by striking ‘‘; or’’ and inserting
a period; and
(C) by striking subparagraph (J).
(4) CLARIFICATION OF ABILITY OF MEMBERS TO USE FRANKED
MAIL TO SEND PERSONAL MESSAGES TO CONSTITUENTS.—Section
3210(a)(4) of such title is amended by striking the period at
the end and inserting the following: ‘‘, except that nothing
in this paragraph may be construed to prohibit the use of
the franking privilege for the transmission of matter which

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134 STAT. 1641

is purely personal to a recipient who is a constituent of a
Member of Congress and which is related to the official business, activities, and duties of the Member.’’.
(5) UNIFORM BLACKOUT PERIOD FOR ALL MEMBERS OF CONGRESS.—
(A) UNIFORM PERIOD.—Section 3210(a)(6)(A) of such
title is amended—
(i) in clause (i), by striking ‘‘(or, in the case of
a Member of the House, fewer than 90 days)’’; and
(ii) in clause (ii)(II), by striking ‘‘90 days’’ and
inserting ‘‘60 days’’.
(B) EFFECTIVE DATE.—The amendments made by paragraph (1) shall apply with respect to the regularly scheduled general election for Federal office held in November
2020 and each succeeding election for public office.
ON
CERTAIN
MATTERS.—Section
(6)
INFORMATION
3210(a)(6)(E) of such title is amended—
(A) by striking ‘‘or’’ at the end of clause (ii);
(B) by striking the period at the end of clause (iii)
and inserting ‘‘; or’’; and
(C) by adding at the end the following new clause:
‘‘(iv) providing information exclusively on competitions
which are officially sanctioned by the House of Representatives
or Senate, nominations to military service academies, official
employment listings for positions in the House of Representatives (including listings for positions in the Wounded Warrior
Program or the Gold Star Family Fellowship Program), or
natural disasters or other threats to public health and life
safety.’’.
(f) EFFECTIVE DATE.—Except as provided in subsection (e)(5)(B),
this section and the amendments made by this section shall apply
with respect to communications disseminated on or after the date
of the enactment of this Act.

39 USC 3210
note.

2 USC 501 note.

AUTHORIZING USE OF MEMBERS’ REPRESENTATIONAL ALLOWANCE FOR
EXPENSES OF MEMBERS-ELECT

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SEC. 117. (a) AUTHORIZATION.—Section 101(a) of the House
of Representatives Administrative Reform Technical Corrections Act
(2 U.S.C. 5341(a)) is amended—
(1) by striking ‘‘a Member’’ and inserting ‘‘a Member or
Member-elect’’; and
(2) by striking ‘‘the Member’’ and inserting ‘‘the Member
or Member-elect’’.
(b) REGULATIONS.—Section 101(d) of such Act (2 U.S.C. 5341(d))
is amended by striking the period at the end and inserting the
following: ‘‘, including regulations establishing under subsection
(a) the official and representational duties during a Congress of
a Member-elect of the House of Representatives who is not an
incumbent Member re-elected to the ensuing Congress.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply with respect to Members-elect of the House of Representatives for the One Hundred Seventeenth Congress and each succeeding Congress.

2 USC 5341 note.

JOINT ITEMS
For Joint Committees, as follows:

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134 STAT. 1642

PUBLIC LAW 116–260—DEC. 27, 2020
JOINT ECONOMIC COMMITTEE

For salaries and expenses of the Joint Economic Committee,
$4,203,000, to be disbursed by the Secretary of the Senate.
JOINT COMMITTEE

ON

TAXATION

For salaries and expenses of the Joint Committee on Taxation,
$11,905,000, to be disbursed by the Chief Administrative Officer
of the House of Representatives.
For other joint items, as follows:
OFFICE

Reimbursement.

OF THE

ATTENDING PHYSICIAN

For medical supplies, equipment, and contingent expenses of
the emergency rooms, and for the Attending Physician and his
assistants, including:
(1) an allowance of $2,175 per month to the Attending
Physician;
(2) an allowance of $1,300 per month to the Senior Medical
Officer;
(3) an allowance of $725 per month each to three medical
officers while on duty in the Office of the Attending Physician;
(4) an allowance of $725 per month to 2 assistants and
$580 per month each not to exceed 11 assistants on the basis
heretofore provided for such assistants; and
(5) $2,796,000 for reimbursement to the Department of
the Navy for expenses incurred for staff and equipment
assigned to the Office of the Attending Physician, which shall
be advanced and credited to the applicable appropriation or
appropriations from which such salaries, allowances, and other
expenses are payable and shall be available for all the purposes
thereof, $3,869,000, to be disbursed by the Chief Administrative
Officer of the House of Representatives.
OFFICE

OF

CONGRESSIONAL ACCESSIBILITY SERVICES
SALARIES

AND

EXPENSES

For salaries and expenses of the Office of Congressional Accessibility Services, $1,536,000, to be disbursed by the Secretary of
the Senate.
CAPITOL POLICE
SALARIES
Notification.

For salaries of employees of the Capitol Police, including overtime, hazardous duty pay, and Government contributions for health,
retirement, social security, professional liability insurance, and
other applicable employee benefits, $424,397,000 of which overtime
shall not exceed $50,246,000 unless the Committee on Appropriations of the House and Senate are notified, to be disbursed by
the Chief of the Capitol Police or his designee.

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GENERAL EXPENSES
For necessary expenses of the Capitol Police, including motor
vehicles, communications and other equipment, security equipment

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134 STAT. 1643

and installation, uniforms, weapons, supplies, materials, training,
medical services, forensic services, stenographic services, personal
and professional services, the employee assistance program, the
awards program, postage, communication services, travel advances,
relocation of instructor and liaison personnel for the Federal Law
Enforcement Training Center, and not more than $5,000 to be
expended on the certification of the Chief of the Capitol Police
in connection with official representation and reception expenses,
$91,144,000, to be disbursed by the Chief of the Capitol Police
or his designee: Provided, That, notwithstanding any other provision
of law, the cost of basic training for the Capitol Police at the
Federal Law Enforcement Training Center for fiscal year 2021
shall be paid by the Secretary of Homeland Security from funds
available to the Department of Homeland Security: Provided further, That of the amounts made available under this heading,
$3,639,000, to remain available until expended, shall be for the
Joint Audible Warning System.
ADMINISTRATIVE PROVISION
STUDENT LOAN CAP ADJUSTMENT

SEC. 120. Section 908(c) of the Emergency Supplemental Act,
2002 (2 U.S.C. 1926(c)), is amended by striking ‘‘ $60,000’’ and
inserting ‘‘ $80,000’’.
OFFICE OF CONGRESSIONAL WORKPLACE RIGHTS
SALARIES

AND

EXPENSES

For salaries and expenses necessary for the operation of the
Office of Congressional Workplace Rights, $7,500,000, of which
$1,000,000 shall remain available until September 30, 2022, and
of which not more than $1,000 may be expended on the certification
of the Executive Director in connection with official representation
and reception expenses.
CONGRESSIONAL BUDGET OFFICE

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SALARIES

AND

EXPENSES

For salaries and expenses necessary for operation of the
Congressional Budget Office, including not more than $6,000 to
be expended on the certification of the Director of the Congressional
Budget Office in connection with official representation and reception expenses, $57,292,000: Provided, That the Director shall use
not less than $500,000 of the amount made available under this
heading for (1) improving technical systems, processes, and models
for the purpose of improving the transparency of estimates of budgetary effects to Members of Congress, employees of Members of
Congress, and the public, and (2) to increase the availability of
models, economic assumptions, and data for Members of Congress,
employees of Members of Congress, and the public.

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134 STAT. 1644

PUBLIC LAW 116–260—DEC. 27, 2020
ARCHITECT OF THE CAPITOL
CAPITAL CONSTRUCTION

AND

OPERATIONS

For salaries for the Architect of the Capitol, and other personal
services, at rates of pay provided by law; for all necessary expenses
for surveys and studies, construction, operation, and general and
administrative support in connection with facilities and activities
under the care of the Architect of the Capitol including the Botanic
Garden; electrical substations of the Capitol, Senate and House
office buildings, and other facilities under the jurisdiction of the
Architect of the Capitol; including furnishings and office equipment;
including not more than $5,000 for official reception and representation expenses, to be expended as the Architect of the Capitol may
approve; for purchase or exchange, maintenance, and operation
of a passenger motor vehicle, $127,462,000, of which $1,500,000
shall remain available until September 30, 2025.
CAPITOL BUILDING
For all necessary expenses for the maintenance, care and operation of the Capitol, $34,719,000, of which $6,099,000 shall remain
available until September 30, 2025.
CAPITOL GROUNDS
For all necessary expenses for care and improvement of grounds
surrounding the Capitol, the Senate and House office buildings,
and the Capitol Power Plant, $20,560,000, of which $7,800,000
shall remain available until September 30, 2025.
SENATE OFFICE BUILDINGS
For all necessary expenses for the maintenance, care and operation of Senate office buildings; and furniture and furnishings to
be expended under the control and supervision of the Architect
of the Capitol, $89,615,280, of which $22,200,000 shall remain
available until September 30, 2025.
HOUSE OFFICE BUILDINGS
(INCLUDING TRANSFER OF FUNDS)

For all necessary expenses for the maintenance, care and operation of the House office buildings, $138,780,000, of which
$14,540,000 shall remain available until September 30, 2025, and
of which $62,000,000 shall remain available until expended for
the restoration and renovation of the Cannon House Office Building:
Provided, That of the amount made available under this heading,
$9,000,000 shall be derived by transfer from the House Office
Building Fund established under section 176(d) of the Continuing
Appropriations Act, 2017, as added by section 101(3) of the Further
Continuing Appropriation Act, 2017 (Public Law 114–254; 2 U.S.C.
2001 note).

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CAPITOL POWER PLANT
For all necessary expenses for the maintenance, care and operation of the Capitol Power Plant; lighting, heating, power (including

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1645

the purchase of electrical energy) and water and sewer services
for the Capitol, Senate and House office buildings, Library of Congress buildings, and the grounds about the same, Botanic Garden,
Senate garage, and air conditioning refrigeration not supplied from
plants in any of such buildings; heating the Government Publishing
Office and Washington City Post Office, and heating and chilled
water for air conditioning for the Supreme Court Building, the
Union Station complex, the Thurgood Marshall Federal Judiciary
Building and the Folger Shakespeare Library, expenses for which
shall be advanced or reimbursed upon request of the Architect
of the Capitol and amounts so received shall be deposited into
the Treasury to the credit of this appropriation, $97,761,000, of
which $13,700,000 shall remain available until September 30, 2025:
Provided, That not more than $10,000,000 of the funds credited
or to be reimbursed to this appropriation as herein provided shall
be available for obligation during fiscal year 2021.
LIBRARY BUILDINGS

AND

GROUNDS

For all necessary expenses for the mechanical and structural
maintenance, care and operation of the Library buildings and
grounds, $83,446,000, of which $51,600,000 shall remain available
until September 30, 2025.
CAPITOL POLICE BUILDINGS, GROUNDS

AND

SECURITY

For all necessary expenses for the maintenance, care and operation of buildings, grounds and security enhancements of the United
States Capitol Police, wherever located, the Alternate Computing
Facility, and Architect of the Capitol security operations,
$45,993,000, of which $15,700,000 shall remain available until September 30, 2025: Provided, That of the amounts made available
under this heading, $2,500,000, to remain available until expended,
shall be for the Joint Audible Warning System.
BOTANIC GARDEN
For all necessary expenses for the maintenance, care and operation of the Botanic Garden and the nurseries, buildings, grounds,
and collections; and purchase and exchange, maintenance, repair,
and operation of a passenger motor vehicle; all under the direction
of the Joint Committee on the Library, $20,986,000, of which
$8,300,000 shall remain available until September 30, 2025: Provided, That, of the amount made available under this heading,
the Architect of the Capitol may obligate and expend such sums
as may be necessary for the maintenance, care and operation of
the National Garden established under section 307E of the Legislative Branch Appropriations Act, 1989 (2 U.S.C. 2146), upon vouchers
approved by the Architect of the Capitol or a duly authorized
designee.

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CAPITOL VISITOR CENTER
For all necessary expenses for the operation of the Capitol
Visitor Center, $24,751,000.

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PUBL260A

134 STAT. 1646

PUBLIC LAW 116–260—DEC. 27, 2020
ADMINISTRATIVE PROVISION

NO BONUSES FOR CONTRACTORS BEHIND SCHEDULE OR OVER BUDGET

Determination.

SEC. 130. None of the funds made available in this Act for
the Architect of the Capitol may be used to make incentive or
award payments to contractors for work on contracts or programs
for which the contractor is behind schedule or over budget, unless
the Architect of the Capitol, or agency-employed designee, determines that any such deviations are due to unforeseeable events,
government-driven scope changes, or are not significant within the
overall scope of the project and/or program.
LIBRARY OF CONGRESS
SALARIES

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Certification.

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AND

EXPENSES

For all necessary expenses of the Library of Congress not
otherwise provided for, including development and maintenance
of the Library’s catalogs; custody and custodial care of the Library
buildings; information technology services provided centrally; special clothing; cleaning, laundering and repair of uniforms; preservation of motion pictures in the custody of the Library; operation
and maintenance of the American Folklife Center in the Library;
preparation and distribution of catalog records and other publications of the Library; hire or purchase of one passenger motor
vehicle; and expenses of the Library of Congress Trust Fund Board
not properly chargeable to the income of any trust fund held by
the Board, $523,654,000, and, in addition, amounts credited to
this appropriation during fiscal year 2021 under the Act of June
28, 1902 (chapter 1301; 32 Stat. 480; 2 U.S.C. 150), shall remain
available until expended: Provided, That the Library of Congress
may not obligate or expend any funds derived from collections
under the Act of June 28, 1902, in excess of the amount authorized
for obligation or expenditure in appropriations Acts: Provided further, That of the total amount appropriated, not more than $18,000
may be expended, on the certification of the Librarian of Congress,
in connection with official representation and reception expenses,
including for the Overseas Field Offices: Provided further, That
of the total amount appropriated, $9,424,000 shall remain available
until expended for the Teaching with Primary Sources program:
Provided further, That of the total amount appropriated, $1,384,000
shall remain available until expended for upgrade of the Legislative
Branch Financial Management System: Provided further, That of
the total amount appropriated, $250,000 shall remain available
until expended for the Surplus Books Program to promote the
program and facilitate a greater number of donations to eligible
entities across the United States: Provided further, That of the
total amount appropriated, $3,720,000 shall remain available until
expended for the Veterans History Project to continue digitization
efforts of already collected materials, reach a greater number of
veterans to record their stories, and promote public access to the
Project: Provided further, That of the total amount appropriated,
$10,000,000 shall remain available until expended for the Library’s
Visitor Experience project, and may be obligated and expended
only upon approval by the Subcommittee on the Legislative Branch
of the Committee on Appropriations of the House of Representatives

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1647

and by the Subcommittee on the Legislative Branch of the Committee on Appropriations of the Senate: Provided further, That
of the total amount appropriated, $4,370,000 shall remain available
until September 30, 2025, to complete the second of three phases
of the shelving replacement in the Law Library’s collection storage
areas: Provided further, That of the total amount appropriated,
$2,500,000 shall remain available until September 30, 2022, for
the phase-out and retirement of the de-acidification preservation
program.
COPYRIGHT OFFICE
SALARIES AND EXPENSES

For all necessary expenses of the Copyright Office, $93,416,000,
of which not more than $38,004,000, to remain available until
expended, shall be derived from collections credited to this appropriation during fiscal year 2021 under sections 708(d) and 1316
of title 17, United States Code: Provided, That the Copyright Office
may not obligate or expend any funds derived from collections
under such section in excess of the amount authorized for obligation
or expenditure in appropriations Acts: Provided further, That not
more than $6,778,000 shall be derived from collections during fiscal
year 2021 under sections 111(d)(2), 119(b)(3), 803(e), and 1005
of such title: Provided further, That the total amount available
for obligation shall be reduced by the amount by which collections
are less than $44,782,000: Provided further, That of the funds
provided under this heading, not less than $17,100,000 is for modernization initiatives, of which $10,000,000 shall remain available
until September 30, 2022: Provided further, That not more than
$100,000 of the amount appropriated is available for the maintenance of an ‘‘International Copyright Institute’’ in the Copyright
Office of the Library of Congress for the purpose of training
nationals of developing countries in intellectual property laws and
policies: Provided further, That not more than $6,500 may be
expended, on the certification of the Librarian of Congress, in
connection with official representation and reception expenses for
activities of the International Copyright Institute and for copyright
delegations, visitors, and seminars: Provided further, That, notwithstanding any provision of chapter 8 of title 17, United States Code,
any amounts made available under this heading which are attributable to royalty fees and payments received by the Copyright
Office pursuant to sections 111, 119, and chapter 10 of such title
may be used for the costs incurred in the administration of the
Copyright Royalty Judges program, with the exception of the costs
of salaries and benefits for the Copyright Royalty Judges and staff
under section 802(e).

Certification.

CONGRESSIONAL RESEARCH SERVICE

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SALARIES AND EXPENSES

For all necessary expenses to carry out the provisions of section
203 of the Legislative Reorganization Act of 1946 (2 U.S.C. 166)
and to revise and extend the Annotated Constitution of the United
States of America, $125,495,000: Provided, That no part of such
amount may be used to pay any salary or expense in connection
with any publication, or preparation of material therefor (except

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Advance
approval.

PUBL260A

134 STAT. 1648

PUBLIC LAW 116–260—DEC. 27, 2020

the Digest of Public General Bills), to be issued by the Library
of Congress unless such publication has obtained prior approval
of either the Committee on House Administration of the House
of Representatives or the Committee on Rules and Administration
of the Senate: Provided further, That this prohibition does not
apply to publication of non-confidential Congressional Research
Service (CRS) products: Provided further, That a non-confidential
CRS product includes any written product containing research or
analysis that is currently available for general congressional access
on the CRS Congressional Intranet, or that would be made available
on the CRS Congressional Intranet in the normal course of business
and does not include material prepared in response to Congressional
requests for confidential analysis or research.
NATIONAL LIBRARY SERVICE

FOR THE

BLIND

AND

PRINT DISABLED

SALARIES AND EXPENSES

For all necessary expenses to carry out the Act of March 3,
1931 (chapter 400; 46 Stat. 1487; 2 U.S.C. 135a), $59,563,000:
Provided, That of the total amount appropriated, $650,000 shall
be available to contract to provide newspapers to blind and print
disabled residents at no cost to the individual.
ADMINISTRATIVE PROVISION
REIMBURSABLE AND REVOLVING FUND ACTIVITIES

SEC. 140. (a) IN GENERAL.—For fiscal year 2021, the
obligational authority of the Library of Congress for the activities
described in subsection (b) may not exceed $252,552,000.
(b) ACTIVITIES.—The activities referred to in subsection (a) are
reimbursable and revolving fund activities that are funded from
sources other than appropriations to the Library in appropriations
Acts for the legislative branch.
GOVERNMENT PUBLISHING OFFICE
CONGRESSIONAL PUBLISHING
(INCLUDING TRANSFER OF FUNDS)

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Time periods.

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For authorized publishing of congressional information and the
distribution of congressional information in any format; publishing
of Government publications authorized by law to be distributed
to Members of Congress; and publishing, and distribution of Government publications authorized by law to be distributed without
charge to the recipient, $78,000,000: Provided, That this appropriation shall not be available for paper copies of the permanent edition
of the Congressional Record for individual Representatives, Resident
Commissioners or Delegates authorized under section 906 of title
44, United States Code: Provided further, That this appropriation
shall be available for the payment of obligations incurred under
the appropriations for similar purposes for preceding fiscal years:
Provided further, That notwithstanding the 2-year limitation under
section 718 of title 44, United States Code, none of the funds
appropriated or made available under this Act or any other Act
for printing and binding and related services provided to Congress

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1649

under chapter 7 of title 44, United States Code, may be expended
to print a document, report, or publication after the 27-month
period beginning on the date that such document, report, or publication is authorized by Congress to be printed, unless Congress
reauthorizes such printing in accordance with section 718 of title
44, United States Code: Provided further, That unobligated or unexpended balances of expired discretionary funds made available
under this heading in this Act for this fiscal year may be transferred
to, and merged with, funds under the heading ‘‘Government Publishing Office Business Operations Revolving Fund’’ 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,
to be available for carrying out the purposes of this heading, subject
to the approval of the Committees on Appropriations of the House
of Representatives and the Senate: Provided further, That notwithstanding sections 901, 902, and 906 of title 44, United States
Code, this appropriation may be used to prepare indexes to the
Congressional Record on only a monthly and session basis.
PUBLIC INFORMATION PROGRAMS OF THE SUPERINTENDENT
DOCUMENTS

Deadline.
Time periods.
Approval.

OF

SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)

For expenses of the public information programs of the Office
of Superintendent of Documents necessary to provide for the cataloging and indexing of Government publications in any format,
and their distribution to the public, Members of Congress, other
Government agencies, and designated depository and international
exchange libraries as authorized by law, $32,300,000: Provided,
That amounts of not more than $2,000,000 from current year appropriations are authorized for producing and disseminating Congressional serial sets and other related publications for the preceding
two fiscal years to depository and other designated libraries: Provided further, That unobligated or unexpended balances of expired
discretionary funds made available under this heading in this Act
for this fiscal year may be transferred to, and merged with, funds
under the heading ‘‘Government Publishing Office Business Operations Revolving Fund’’ 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, to be available for carrying
out the purposes of this heading, subject to the approval of the
Committees on Appropriations of the House of Representatives and
the Senate.

Deadline.
Time period.
Approval.

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GOVERNMENT PUBLISHING OFFICE BUSINESS OPERATIONS
REVOLVING FUND
For payment to the Government Publishing Office Business
Operations Revolving Fund, $6,700,000, to remain available until
expended, for information technology development and facilities
repair: Provided, That the Government Publishing Office is hereby
authorized to make such expenditures, within the limits of funds
available and in accordance with law, and to make such contracts
and commitments without regard to fiscal year limitations as provided by section 9104 of title 31, United States Code, as may

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134 STAT. 1650

PUBLIC LAW 116–260—DEC. 27, 2020

be necessary in carrying out the programs and purposes set forth
in the budget for the current fiscal year for the Government Publishing Office Business Operations Revolving Fund: Provided further, That not more than $7,500 may be expended on the certification of the Director of the Government Publishing Office in
connection with official representation and reception expenses: Provided further, That the Business Operations Revolving Fund shall
be available for the hire or purchase of not more than 12 passenger
motor vehicles: Provided further, That expenditures in connection
with travel expenses of the advisory councils to the Director of
the Government Publishing Office shall be deemed necessary to
carry out the provisions of title 44, United States Code: Provided
further, That the Business Operations Revolving Fund shall be
available for temporary or intermittent services under section
3109(b) of title 5, United States Code, but at rates for individuals
not more than the daily equivalent of the annual rate of basic
pay for level V of the Executive Schedule under section 5316 of
such title: Provided further, That activities financed through the
Business Operations Revolving Fund may provide information in
any format: Provided further, That the Business Operations
Revolving Fund and the funds provided under the heading ‘‘Public
Information Programs of the Superintendent of Documents’’ may
not be used for contracted security services at Government Publishing Office’s passport facility in the District of Columbia.

Certification.

GOVERNMENT ACCOUNTABILITY OFFICE
SALARIES

Determination.

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Reimbursements.

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AND

EXPENSES

For necessary expenses of the Government Accountability
Office, including not more than $12,500 to be expended on the
certification of the Comptroller General of the United States in
connection with official representation and reception expenses; temporary or intermittent services under section 3109(b) of title 5,
United States Code, but at rates for individuals not more than
the daily equivalent of the annual rate of basic pay for level IV
of the Executive Schedule under section 5315 of such title; hire
of one passenger motor vehicle; advance payments in foreign countries in accordance with section 3324 of title 31, United States
Code; benefits comparable to those payable under sections 901(5),
(6), and (8) of the Foreign Service Act of 1980 (22 U.S.C. 4081(5),
(6), and (8)); and under regulations prescribed by the Comptroller
General of the United States, rental of living quarters in foreign
countries, $661,139,000: Provided, That, in addition, $31,342,000
of payments received under sections 782, 791, 3521, and 9105
of title 31, United States Code, shall be available without fiscal
year limitation: Provided further, That this appropriation and
appropriations for administrative expenses of any other department
or agency which is a member of the National Intergovernmental
Audit Forum or a Regional Intergovernmental Audit Forum shall
be available to finance an appropriate share of either Forum’s
costs as determined by the respective Forum, including necessary
travel expenses of non-Federal participants: Provided further, That
payments hereunder to the Forum may be credited as reimbursements to any appropriation from which costs involved are initially
financed.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1651

OPEN WORLD LEADERSHIP CENTER TRUST FUND
For a payment to the Open World Leadership Center Trust
Fund for financing activities of the Open World Leadership Center
under section 313 of the Legislative Branch Appropriations Act,
2001 (2 U.S.C. 1151), $6,000,000: Provided, That funds made available to support Russian participants shall only be used for those
engaging in free market development, humanitarian activities, and
civic engagement, and shall not be used for officials of the central
government of Russia.

Russia.

JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING
AND DEVELOPMENT
For payment to the John C. Stennis Center for Public Service
Development Trust Fund established under section 116 of the John
C. Stennis Center for Public Service Training and Development
Act (2 U.S.C. 1105), $430,000.
TITLE II
GENERAL PROVISIONS
MAINTENANCE AND CARE OF PRIVATE VEHICLES

SEC. 201. No part of the funds appropriated in this Act shall
be used for the maintenance or care of private vehicles, except
for emergency assistance and cleaning as may be provided under
regulations relating to parking facilities for the House of Representatives issued by the Committee on House Administration and for
the Senate issued by the Committee on Rules and Administration.
FISCAL YEAR LIMITATION

SEC. 202. No part of the funds appropriated in this Act shall
remain available for obligation beyond fiscal year 2021 unless
expressly so provided in this Act.
RATES OF COMPENSATION AND DESIGNATION

SEC. 203. Whenever in this Act any office or position not specifically established by the Legislative Pay Act of 1929 (46 Stat. 32
et seq.) is appropriated for or the rate of compensation or designation of any office or position appropriated for is different from
that specifically established by such Act, the rate of compensation
and the designation in this Act shall be the permanent law with
respect thereto: Provided, That the provisions in this Act for the
various items of official expenses of Members, officers, and committees of the Senate and House of Representatives, and clerk hire
for Senators and Members of the House of Representatives shall
be the permanent law with respect thereto.

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CONSULTING SERVICES

SEC. 204. The expenditure of any appropriation under this
Act for any consulting service through procurement contract, under
section 3109 of title 5, United States Code, shall be limited to
those contracts where such expenditures are a matter of public
record and available for public inspection, except where otherwise

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Contracts.
Public
information.

PUBL260A

134 STAT. 1652

PUBLIC LAW 116–260—DEC. 27, 2020

provided under existing law, or under existing Executive order
issued under existing law.
COSTS OF LBFMC

Determination.

SEC. 205. Amounts available for administrative expenses of
any legislative branch entity which participates in the Legislative
Branch Financial Managers Council (LBFMC) established by
charter on March 26, 1996, shall be available to finance an appropriate share of LBFMC costs as determined by the LBFMC, except
that the total LBFMC costs to be shared among all participating
legislative branch entities (in such allocations among the entities
as the entities may determine) may not exceed $2,000.
LIMITATION ON TRANSFERS

SEC. 206. 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 Act or any other appropriation Act.
GUIDED TOURS OF THE CAPITOL

SEC. 207. (a) Except as provided in subsection (b), none of
the funds made available to the Architect of the Capitol in this
Act may be used to eliminate or restrict guided tours of the United
States Capitol which are led by employees and interns of offices
of Members of Congress and other offices of the House of Representatives and Senate, unless through regulations as authorized by
section 402(b)(8) of the Capitol Visitor Center Act of 2008 (2 U.S.C.
2242(b)(8)).
(b) At the direction of the Capitol Police Board, or at the
direction of the Architect of the Capitol with the approval of the
Capitol Police Board, guided tours of the United States Capitol
which are led by employees and interns described in subsection
(a) may be suspended temporarily or otherwise subject to restriction
for security or related reasons to the same extent as guided tours
of the United States Capitol which are led by the Architect of
the Capitol.
LIMITATION ON TELECOMMUNICATIONS EQUIPMENT PROCUREMENT

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Huawei
Technologies
Company.
ZTE Corporation.
Reviews.

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SEC. 208. (a) None of the funds appropriated or otherwise
made available under this Act may be used to acquire telecommunications equipment produced by Huawei Technologies Company or
ZTE Corporation for a high or moderate impact information system,
as defined for security categorization in the National Institute of
Standards and Technology’s (NIST) Federal Information Processing
Standard Publication 199, ‘‘Standards for Security Categorization
of Federal Information and Information Systems’’ unless the agency,
office, or other entity acquiring the equipment or system has—
(1) reviewed the supply chain risk for the information
systems against criteria developed by NIST to inform acquisition decisions for high or moderate impact information systems
within the Federal Government;

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1653

(2) reviewed the supply chain risk from the presumptive
awardee against available and relevant threat information provided by the Federal Bureau of Investigation and other appropriate agencies; and
(3) in consultation with the Federal Bureau of Investigation
or other appropriate Federal entity, conducted an assessment
of any risk of cyber-espionage or sabotage associated with the
acquisition of such telecommunications equipment for inclusion
in a high or moderate impact system, including any risk associated with such system being produced, manufactured, or assembled by one or more entities identified by the United States
Government as posing a cyber threat, including but not limited
to, those that may be owned, directed, or subsidized by the
People’s Republic of China, the Islamic Republic of Iran, the
Democratic People’s Republic of Korea, or the Russian Federation.
(b) None of the funds appropriated or otherwise made available
under this Act may be used to acquire a high or moderate impact
information system reviewed and assessed under subsection (a)
unless the head of the assessing entity described in subsection
(a) has—
(1) developed, in consultation with NIST and supply chain
risk management experts, a mitigation strategy for any identified risks;
(2) determined, in consultation with NIST and the Federal
Bureau of Investigation, that the acquisition of such telecommunications equipment for inclusion in a high or moderate
impact system is in the vital national security interest of the
United States; and
(3) reported that determination to the Committees on
Appropriations of the House of Representatives and the Senate
in a manner that identifies the telecommunications equipment
for inclusion in a high or moderate impact system intended
for acquisition and a detailed description of the mitigation
strategies identified in paragraph (1), provided that such report
may include a classified annex as necessary.

Consultation.
Assessment.
Cyber threats.
China.
Iran.
North Korea.
Russia.

Consultations.

Mitigation
strategy.
Determination.

Reports.

PROHIBITION ON CERTAIN OPERATIONAL EXPENSES

SEC. 209. (a) 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.
(b) 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 or other official government activities.

Pornography.

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PLASTIC WASTE REDUCTION

SEC. 210. All agencies and offices funded by this division that
contract with a food service provider or providers shall confer and
coordinate with such food service provider or providers, in consultation with disability advocacy groups, to eliminate or reduce plastic
waste, including waste from plastic straws, explore the use of biodegradable items, and increase recycling and composting opportunities.

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Coordination.
Consultation.

PUBL260A

134 STAT. 1654

PUBLIC LAW 116–260—DEC. 27, 2020

JOINT CONGRESSIONAL COMMITTEE ON INAUGURAL CEREMONIES OF
2021

SEC. 211. There is hereby appropriated $2,000,000, for the
same purposes and under the same authorities and conditions as
amounts made available under the heading ‘‘Joint Items—Joint
Congressional Committee on Inaugural Ceremonies of 2021’’ in
division E of the Further Consolidated Appropriations Act, 2020
(Public Law 116–94).
CAPITOL COMPLEX HEALTH AND SAFETY

SEC. 212. In addition to the amounts appropriated under this
Act under the heading ‘‘Office of the Attending Physician’’, there
is hereby appropriated to the Office of the Attending Physician
$5,000,000, to remain available until expended, for response to
COVID–19, including testing, subject to the same terms and conditions as the amounts appropriated under such heading.
GOVERNMENT ACCOUNTABILITY OFFICE SUPPLEMENTAL OVERSIGHT

SEC. 213. For an additional amount for ‘‘Salaries and Expenses’’,
$10,000,000, to remain available until expended, to prevent, prepare
for, and respond to coronavirus, which shall be for audits and
investigations, as authorized by this title: Provided, That not later
than 90 days after the date of enactment of this Act, the Government Accountability Office shall submit to the Committees on
Appropriations of the House of Representatives and the Senate
a spend plan specifying funding estimates and a timeline for such
audits and investigations: Provided further, That such amount is
designated 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.
This division may be cited as the ‘‘Legislative Branch Appropriations Act, 2021’’.

Deadline.
Spend plan.
Estimates.
Timeline.

Military
Construction,
Veterans Affairs,
and Related
Agencies
Appropriations
Act, 2021.

DIVISION J—MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED AGENCIES APPROPRIATIONS
ACT, 2021
TITLE I
DEPARTMENT OF DEFENSE
MILITARY CONSTRUCTION, ARMY

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Determination.
Notification.

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For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations, facilities, and real property for the Army as currently authorized by
law, including personnel in the Army Corps of Engineers and other
personal services necessary for the purposes of this appropriation,
and for construction and operation of facilities in support of the
functions of the Commander in Chief, $628,900,000, to remain
available until September 30, 2025: Provided, That, of this amount,
not to exceed $147,000,000 shall be available for study, planning,
design, architect and engineer services, and host nation support,
as authorized by law, unless the Secretary of the Army determines
that additional obligations are necessary for such purposes and

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1655

notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor.
MILITARY CONSTRUCTION, NAVY

AND

MARINE CORPS

For acquisition, construction, installation, and equipment of
temporary or permanent public works, naval installations, facilities,
and real property for the Navy and Marine Corps as currently
authorized by law, including personnel in the Naval Facilities
Engineering Command and other personal services necessary for
the purposes of this appropriation, $1,716,144,000, to remain available until September 30, 2025: Provided, That, of this amount,
not to exceed $261,710,000 shall be available for study, planning,
design, and architect and engineer services, as authorized by law,
unless the Secretary of the Navy determines that additional obligations are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the determination
and the reasons therefor.

Determination.
Notification.

MILITARY CONSTRUCTION, AIR FORCE
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations, facilities, and real property for the Air Force as currently authorized
by law, $616,156,000, to remain available until September 30, 2025:
Provided, That, of this amount, not to exceed $212,556,000 shall
be available for study, planning, design, and architect and engineer
services, as authorized by law, unless the Secretary of the Air
Force determines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations of both
Houses of Congress of the determination and the reasons therefor.

Determination.
Notification.

MILITARY CONSTRUCTION, DEFENSE-WIDE

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(INCLUDING TRANSFER OF FUNDS)

For acquisition, construction, installation, and equipment of
temporary or permanent public works, installations, facilities, and
real property for activities and agencies of the Department of
Defense (other than the military departments), as currently authorized by law, $2,041,909,000, to remain available until September
30, 2025: Provided, That such amounts of this appropriation as
may be determined by the Secretary of Defense may be transferred
to such appropriations of the Department of Defense available for
military construction or family housing as the Secretary may designate, to be merged with and to be available for the same purposes,
and for the same time period, as the appropriation or fund to
which transferred: Provided further, That, of the amount, not to
exceed $162,076,000 shall be available for study, planning, design,
and architect and engineer services, as authorized by law, unless
the Secretary of Defense determines that additional obligations
are necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination
and the reasons therefor.

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Determination.
Notification.

PUBL260A

134 STAT. 1656

PUBLIC LAW 116–260—DEC. 27, 2020
MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

Determination.
Notification.

For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Army National Guard, and contributions therefor, as authorized
by chapter 1803 of title 10, United States Code, and Military
Construction Authorization Acts, $349,437,000, to remain available
until September 30, 2025: Provided, That, of the amount, not to
exceed $44,593,000 shall be available for study, planning, design,
and architect and engineer services, as authorized by law, unless
the Director of the Army National Guard determines that additional
obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor.
MILITARY CONSTRUCTION, AIR NATIONAL GUARD

Determination.
Notification.

For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Air National Guard, and contributions therefor, as authorized by
chapter 1803 of title 10, United States Code, and Military Construction Authorization Acts, $64,214,000, to remain available until September 30, 2025: Provided, That, of the amount, not to exceed
$3,414,000 shall be available for study, planning, design, and
architect and engineer services, as authorized by law, unless the
Director of the Air National Guard determines that additional
obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor.
MILITARY CONSTRUCTION, ARMY RESERVE

Determination.
Notification.

For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Army Reserve as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,
$88,337,000, to remain available until September 30, 2025: Provided, That, of the amount, not to exceed $1,218,000 shall be
available for study, planning, design, and architect and engineer
services, as authorized by law, unless the Chief of the Army Reserve
determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses
of Congress of the determination and the reasons therefor.
MILITARY CONSTRUCTION, NAVY RESERVE

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Determination.
Notification.

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For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
reserve components of the Navy and Marine Corps as authorized
by chapter 1803 of title 10, United States Code, and Military
Construction Authorization Acts, $70,995,000, to remain available
until September 30, 2025: Provided, That, of the amount, not to
exceed $3,485,000 shall be available for study, planning, design,
and architect and engineer services, as authorized by law, unless
the Secretary of the Navy determines that additional obligations
are necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination
and the reasons therefor.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1657

MILITARY CONSTRUCTION, AIR FORCE RESERVE
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Air Force Reserve as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,
$23,117,000, to remain available until September 30, 2025: Provided, That, of the amount, not to exceed $3,270,000 shall be
available for study, planning, design, and architect and engineer
services, as authorized by law, unless the Chief of the Air Force
Reserve determines that additional obligations are necessary for
such purposes and notifies the Committees on Appropriations of
both Houses of Congress of the determination and the reasons
therefor.

Determination.
Notification.

NORTH ATLANTIC TREATY ORGANIZATION
SECURITY INVESTMENT PROGRAM
For the United States share of the cost of the North Atlantic
Treaty Organization Security Investment Program for the acquisition and construction of military facilities and installations
(including international military headquarters) and for related
expenses for the collective defense of the North Atlantic Treaty
Area as authorized by section 2806 of title 10, United States Code,
and Military Construction Authorization Acts, $173,030,000, to
remain available until expended.
DEPARTMENT

OF

DEFENSE BASE CLOSURE ACCOUNT

For deposit into the Department of Defense Base Closure
Account, established by section 2906(a) of the Defense Base Closure
and Realignment Act of 1990 (10 U.S.C. 2687 note), $480,447,000,
to remain available until expended.
FAMILY HOUSING CONSTRUCTION, ARMY
For expenses of family housing for the Army for construction,
including acquisition, replacement, addition, expansion, extension,
and alteration, as authorized by law, $119,400,000, to remain available until September 30, 2025.
FAMILY HOUSING OPERATION

AND

MAINTENANCE, ARMY

For expenses of family housing for the Army for operation
and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as
authorized by law, $352,342,000.

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FAMILY HOUSING CONSTRUCTION, NAVY

AND

MARINE CORPS

For expenses of family housing for the Navy and Marine Corps
for construction, including acquisition, replacement, addition,
expansion, extension, and alteration, as authorized by law,
$42,897,000, to remain available until September 30, 2025.

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PUBL260A

134 STAT. 1658

PUBLIC LAW 116–260—DEC. 27, 2020
FAMILY HOUSING OPERATION AND MAINTENANCE, NAVY
MARINE CORPS

AND

For expenses of family housing for the Navy and Marine Corps
for operation and maintenance, including debt payment, leasing,
minor construction, principal and interest charges, and insurance
premiums, as authorized by law, $346,493,000.
FAMILY HOUSING CONSTRUCTION, AIR FORCE
For expenses of family housing for the Air Force for construction, including acquisition, replacement, addition, expansion, extension, and alteration, as authorized by law, $97,214,000, to remain
available until September 30, 2025.
FAMILY HOUSING OPERATION

AND

MAINTENANCE, AIR FORCE

For expenses of family housing for the Air Force for operation
and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as
authorized by law, $317,021,000.
FAMILY HOUSING OPERATION

AND

MAINTENANCE, DEFENSE-WIDE

For expenses of family housing for the activities and agencies
of the Department of Defense (other than the military departments)
for operation and maintenance, leasing, and minor construction,
as authorized by law, $54,728,000.
DEPARTMENT

OF

DEFENSE

FAMILY HOUSING IMPROVEMENT FUND
For the Department of Defense Family Housing Improvement
Fund, $5,897,000, to remain available until expended, for family
housing initiatives undertaken pursuant to section 2883 of title
10, United States Code, providing alternative means of acquiring
and improving military family housing and supporting facilities.
DEPARTMENT

OF

DEFENSE

MILITARY UNACCOMPANIED HOUSING IMPROVEMENT FUND
For the Department of Defense Military Unaccompanied
Housing Improvement Fund, $600,000, to remain available until
expended, for unaccompanied housing initiatives undertaken pursuant to section 2883 of title 10, United States Code, providing alternative means of acquiring and improving military unaccompanied
housing and supporting facilities.
ADMINISTRATIVE PROVISIONS

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Contracts.

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SEC. 101. 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.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1659

SEC. 102. Funds made available in this title for construction
shall be available for hire of passenger motor vehicles.
SEC. 103. 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.
SEC. 104. 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.
SEC. 105. 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.
SEC. 106. 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.
SEC. 107. 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.
SEC. 108. 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.
SEC. 109. 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.
SEC. 110. 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.
SEC. 111. 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.
SEC. 112. 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

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Certification.

Determinations.

Notification.

Steel.

Notification.

Contracts.
Japan.

Kwajalein Atoll.
Contracts.

PUBL260A

134 STAT. 1660

Notification.
Military exercise.
Time period.

PUBLIC LAW 116–260—DEC. 27, 2020

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.
SEC. 113. 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.
SEC. 114. 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.
SEC. 115. 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.
SEC. 116. 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.
(INCLUDING TRANSFER OF FUNDS)

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Time periods.
Notification.
Determination.

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SEC. 117. 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.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1661

(INCLUDING TRANSFER OF FUNDS)

SEC. 118. 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.
SEC. 119. 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 $35,000 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.
SEC. 120. 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.

10 USC 2821
note.

Deadlines.
Notification.

Reports.

(INCLUDING TRANSFER OF FUNDS)

SEC. 121. 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.

Time period.
Determination.

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(INCLUDING TRANSFER OF FUNDS)

SEC. 122. Amounts appropriated or otherwise made available
in an account funded under the headings in this title may be
transferred among projects and activities within the account in
accordance with the reprogramming guidelines for military

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134 STAT. 1662

Deadline.
Expenditure
plan.

PUBLIC LAW 116–260—DEC. 27, 2020

construction and family housing construction contained in Department of Defense Financial Management Regulation 7000.14–R,
Volume 3, Chapter 7, of March 2011, as in effect on the date
of enactment of this Act.
SEC. 123. 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.
SEC. 124. For an additional amount for the accounts and in
the amounts specified, to remain available until September 30,
2025:
‘‘Military Construction, Army’’, $233,000,000;
‘‘Military Construction, Navy and Marine Corps’’,
$73,100,000;
‘‘Military Construction, Air Force’’, $60,000,000;
‘‘Military
Construction,
Army
National
Guard’’,
$49,835,000;
‘‘Military Construction, Air National Guard’’, $29,500,000;
and
‘‘Military Construction, Air Force Reserve’’, $25,000,000:
Provided, That such funds may only be obligated to carry out
construction projects identified in the respective military department’s unfunded priority list for fiscal year 2021 submitted to
Congress: Provided further, That such projects are subject to
authorization prior to obligation and expenditure of funds to carry
out construction: Provided further, That not later than 30 days
after enactment of this Act, the Secretary of the military department
concerned, or his or her designee, shall submit to the Committees
on Appropriations of both Houses of Congress an expenditure plan
for funds provided under this section.
SEC. 125. 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.

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(RESCISSIONS OF FUNDS)

SEC. 126. Of the unobligated balances available to the Department of Defense from prior appropriation Acts, the following funds
are hereby rescinded from the following accounts in the amounts
specified:
‘‘Military Construction, Navy and Marine Corps’’,
$48,000,000;
‘‘Military Construction, Air Force’’, $9,975,000;
‘‘Military Construction, Defense-Wide’’, $29,838,000; and
‘‘Department of Defense Base Closure Account’’,
$50,000,000:
Provided, That no amounts may be rescinded from amounts that
were designated by the Congress for Overseas Contingency Operations/Global War on Terrorism or as an emergency requirement
pursuant to a concurrent resolution on the budget or the Balanced
Budget and Emergency Deficit Control Act of 1985.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1663

SEC. 127. 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.
SEC. 128. For an additional amount for the accounts and in
the amounts specified, to remain available until September 30,
2023:
‘‘Military Construction, Army’’, $48,000,000;
‘‘Military Construction, Navy and Marine Corps’’,
$37,700,000;
‘‘Military Construction, Air Force’’, $75,700,000; and
‘‘Family Housing Construction, Army’’, $4,500,000:
Provided, That such funds may only be obligated to carry out
construction projects identified in the respective military department’s cost to complete projects list of previously appropriated
projects submitted to Congress: Provided further, That such projects
are subject to authorization prior to obligation and expenditure
of funds to carry out construction: Provided further, That not later
than 30 days after enactment of this Act, the Secretary of the
military department concerned, or his or her designee, shall submit
to the Committees on Appropriations of both Houses of Congress
an expenditure plan for funds provided under this section.
SEC. 129. For an additional amount for the accounts and in
the amounts specified, to remain available until September 30,
2023:
‘‘Family Housing Operation and Maintenance, Army’’,
$20,000,000;
‘‘Family Housing Operation and Maintenance, Navy and
Marine Corps’’, $20,000,000; and
‘‘Family Housing Operation and Maintenance, Air Force’’,
$20,000,000.
SEC. 130. None of the funds made available by this Act may
be used to carry out the closure or realignment of the United
States Naval Station, Guanta´namo Bay, Cuba.
SEC. 131. Notwithstanding any other provision of law, none
of the funds appropriated or otherwise made available by this
or any other Act may be used to consolidate or relocate any element
of a United States Air Force Rapid Engineer Deployable Heavy
Operational Repair Squadron Engineer (RED HORSE) outside of
the United States until the Secretary of the Air Force: (1) completes
an analysis and comparison of the cost and infrastructure investment required to consolidate or relocate a RED HORSE squadron
outside of the United States versus within the United States; (2)
provides to the Committees on Appropriations of both Houses of
Congress (‘‘the Committees’’) a report detailing the findings of the
cost analysis; and (3) certifies in writing to the Committees that
the preferred site for the consolidation or relocation yields the
greatest savings for the Air Force: Provided, That the term ‘‘United
States’’ in this section does not include any territory or possession
of the United States.
SEC. 132. For an additional amount for the accounts and in
the amounts specified for planning and design, for improving military installation resilience, to remain available until September
30, 2025:

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Definition.

Deadline.
Expenditure
plan.

Cuba.

Analysis.
Reports.
Certification.

Definition.

PUBL260A

134 STAT. 1664

Deadline.
Expenditure
plan.
Approval.

Expenditure
plan.
Deadline.

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Expenditure
plan.
Deadline.

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PUBLIC LAW 116–260—DEC. 27, 2020

‘‘Military Construction, Army’’, $4,000,000;
‘‘Military Construction, Navy and Marine Corps’’,
$7,000,000; and
‘‘Military Construction, Air Force’’, $4,000,000:
Provided, That not later than 60 days after enactment of this
Act, the Secretary of the military department concerned, or his
or her designee, shall submit to the Committees on Appropriations
of both Houses of Congress an expenditure plan for funds provided
under this section: Provided further, That the Secretary of the
military department concerned may not obligate or expend any
funds prior to approval by the Committees on Appropriations of
both Houses of Congress of the expenditure plan required by this
section.
SEC. 133. For an additional amount for ‘‘Military Construction,
Navy and Marine Corps’’, $32,200,000, to remain available until
September 30, 2025, for child development center construction:
Provided, That projects funded using amounts available under this
section are subject to authorization prior to obligation and expenditure of funds to carry out construction: Provided further, That
amounts made available under this section may not be obligated
or expended until the Secretary of the Navy submits to the Committees on Appropriations of both Houses of Congress a detailed
expenditure plan not later than 30 days after enactment of this
Act.
SEC. 134. Of the unobligated balances available from prior
appropriations Acts under the heading ‘‘Department of Defense—
Military Construction, Defense-Wide’’, $131,000,000 is hereby
rescinded, and in addition to amounts otherwise provided for this
fiscal year, an amount of additional new budget authority equivalent
to the amount rescinded pursuant to this section is hereby appropriated, to remain available until September 30, 2025, and shall
be available for the same purposes and under the same authorities
as provided under such heading: Provided, That no amounts may
be rescinded from amounts that were designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism or
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 projects funded using
amounts available under this section are subject to authorization
prior to obligation and expenditure of funds to carry out construction: Provided further, That amounts made available under this
section may not be obligated or expended until the Secretary of
Defense, or his or her designee, submits to the Committees on
Appropriations of both Houses of Congress a detailed expenditure
plan not later than 30 days after enactment of this Act.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1665

TITLE II
DEPARTMENT OF VETERANS AFFAIRS
VETERANS BENEFITS ADMINISTRATION
COMPENSATION AND PENSIONS
(INCLUDING TRANSFER OF FUNDS)

For the payment of compensation benefits to or on behalf of
veterans and a pilot program for disability examinations as authorized by section 107 and chapters 11, 13, 18, 51, 53, 55, and 61
of title 38, United States Code; pension benefits to or on behalf
of veterans as authorized by chapters 15, 51, 53, 55, and 61 of
title 38, United States Code; and burial benefits, the Reinstated
Entitlement Program for Survivors, emergency and other officers’
retirement pay, adjusted-service credits and certificates, payment
of premiums due on commercial life insurance policies guaranteed
under the provisions of title IV of the Servicemembers Civil Relief
Act (50 U.S.C. App. 541 et seq.) and for other benefits as authorized
by sections 107, 1312, 1977, and 2106, and chapters 23, 51, 53,
55, and 61 of title 38, United States Code, $6,110,251,552, which
shall be in addition to funds previously appropriated under this
heading that became available on October 1, 2020, to remain available until expended; and, in addition, $130,227,650,000, which shall
become available on October 1, 2021, to remain available until
expended: Provided, That not to exceed $20,115,000 of the amount
made available for fiscal year 2022 under this heading shall be
reimbursed to ‘‘General Operating Expenses, Veterans Benefits
Administration’’, and ‘‘Information Technology Systems’’ for necessary expenses in implementing the provisions of chapters 51,
53, and 55 of title 38, United States Code, the funding source
for which is specifically provided as the ‘‘Compensation and Pensions’’ appropriation: Provided further, That such sums as may
be earned on an actual qualifying patient basis, shall be reimbursed
to ‘‘Medical Care Collections Fund’’ to augment the funding of
individual medical facilities for nursing home care provided to pensioners as authorized: Provided further, That funds recovered
(including refunds and reimbursable activity) from fiscal year 2020
obligations and disbursements made with funds that became available on October 1, 2019, as provided under this heading in title
II of division C of Public Law 115–244, shall be available until
expended.

Reimbursement.

Reimbursement.

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READJUSTMENT BENEFITS

For the payment of readjustment and rehabilitation benefits
to or on behalf of veterans as authorized by chapters 21, 30, 31,
33, 34, 35, 36, 39, 41, 51, 53, 55, and 61 of title 38, United
States Code, $14,946,618,000, which shall become available on
October 1, 2021, to remain available until expended: Provided,
That expenses for rehabilitation program services and assistance
which the Secretary is authorized to provide under subsection (a)
of section 3104 of title 38, United States Code, other than under
paragraphs (1), (2), (5), and (11) of that subsection, shall be charged
to this account.

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134 STAT. 1666

PUBLIC LAW 116–260—DEC. 27, 2020
VETERANS INSURANCE AND INDEMNITIES

For military and naval insurance, national service life insurance, servicemen’s indemnities, service-disabled veterans insurance,
and veterans mortgage life insurance as authorized by chapters
19 and 21 of title 38, United States Code, $2,148,000, which shall
be in addition to funds previously appropriated under this heading
that became available on October 1, 2020, to remain available
until expended; and, in addition, $136,950,000, which shall become
available on October 1, 2021, to remain available until expended.
VETERANS HOUSING BENEFIT PROGRAM FUND

For the cost of direct and guaranteed loans, such sums as
may be necessary to carry out the program, as authorized by subchapters I through III of chapter 37 of title 38, United States
Code: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That, during fiscal year
2021, within the resources available, not to exceed $500,000 in
gross obligations for direct loans are authorized for specially
adapted housing loans.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $204,400,000.
VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT

For the cost of direct loans, $33,826, as authorized by chapter
31 of title 38, United States Code: Provided, That such costs,
including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974: Provided
further, That funds made available under this heading are available
to subsidize gross obligations for the principal amount of direct
loans not to exceed $2,469,522.
In addition, for administrative expenses necessary to carry
out the direct loan program, $424,272, which may be paid to the
appropriation for ‘‘General Operating Expenses, Veterans Benefits
Administration’’.
NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM ACCOUNT

For administrative expenses to carry out the direct loan program authorized by subchapter V of chapter 37 of title 38, United
States Code, $1,186,000.
GENERAL OPERATING EXPENSES, VETERANS BENEFITS
ADMINISTRATION

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Determination.

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For necessary operating expenses of the Veterans Benefits
Administration, not otherwise provided for, including hire of passenger motor vehicles, reimbursement of the General Services
Administration for security guard services, and reimbursement of
the Department of Defense for the cost of overseas employee mail,
$3,180,000,000: Provided, That expenses for services and assistance
authorized under paragraphs (1), (2), (5), and (11) of section 3104(a)
of title 38, United States Code, that the Secretary of Veterans
Affairs determines are necessary to enable entitled veterans: (1)
to the maximum extent feasible, to become employable and to

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134 STAT. 1667

obtain and maintain suitable employment; or (2) to achieve maximum independence in daily living, shall be charged to this account:
Provided further, That, of the funds made available under this
heading, not to exceed 10 percent shall remain available until
September 30, 2022.
VETERANS HEALTH ADMINISTRATION
MEDICAL SERVICES

For necessary expenses for furnishing, as authorized by law,
inpatient and outpatient care and treatment to beneficiaries of
the Department of Veterans Affairs and veterans described in section 1705(a) of title 38, United States Code, including care and
treatment in facilities not under the jurisdiction of the Department,
and including medical supplies and equipment, bioengineering services, food services, and salaries and expenses of healthcare
employees hired under title 38, United States Code, assistance
and support services for caregivers as authorized by section 1720G
of title 38, United States Code, loan repayments authorized by
section 604 of the Caregivers and Veterans Omnibus Health Services Act of 2010 (Public Law 111–163; 124 Stat. 1174; 38 U.S.C.
7681 note), monthly assistance allowances authorized by section
322(d) of title 38, United States Code, grants authorized by section
521A of title 38, United States Code, and administrative expenses
necessary to carry out sections 322(d) and 521A of title 38, United
States Code, and hospital care and medical services authorized
by section 1787 of title 38, United States Code; $497,468,000, which
shall be in addition to funds previously appropriated under this
heading that became available on October 1, 2020; and, in addition,
$58,897,219,000, plus reimbursements, shall become available on
October 1, 2021, and shall remain available until September 30,
2022: Provided, That, of the amount made available on October
1, 2021, under this heading, $1,500,000,000 shall remain available
until September 30, 2023: Provided further, That, notwithstanding
any other provision of law, the Secretary of Veterans Affairs shall
establish a priority for the provision of medical treatment for veterans who have service-connected disabilities, lower income, or have
special needs: Provided further, That, notwithstanding any other
provision of law, the Secretary of Veterans Affairs shall give priority
funding for the provision of basic medical benefits to veterans
in enrollment priority groups 1 through 6: Provided further, That,
notwithstanding any other provision of law, the Secretary of Veterans Affairs may authorize the dispensing of prescription drugs
from Veterans Health Administration facilities to enrolled veterans
with privately written prescriptions based on requirements established by the Secretary: Provided further, That the implementation
of the program described in the previous proviso shall incur no
additional cost to the Department of Veterans Affairs: Provided
further, That the Secretary of Veterans Affairs shall ensure that
sufficient amounts appropriated under this heading for medical
supplies and equipment are available for the acquisition of prosthetics designed specifically for female veterans.

Priorities.

Priorities.

Drugs and drug
abuse.
Requirements.

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MEDICAL COMMUNITY CARE

For necessary expenses for furnishing health care to individuals
pursuant to chapter 17 of title 38, United States Code, at non-

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PUBLIC LAW 116–260—DEC. 27, 2020

Department facilities, $1,380,800,000, which shall be in addition
to funds previously appropriated under this heading that became
available on October 1, 2020; and, in addition, $20,148,244,000,
plus reimbursements, shall become available on October 1, 2021,
and shall remain available until September 30, 2022: Provided,
That, of the amount made available on October 1, 2021, under
this heading, $2,000,000,000 shall remain available until September
30, 2023.
MEDICAL SUPPORT AND COMPLIANCE

For necessary expenses in the administration of the medical,
hospital, nursing home, domiciliary, construction, supply, and
research activities, as authorized by law; administrative expenses
in support of capital policy activities; and administrative and legal
expenses of the Department for collecting and recovering amounts
owed the Department as authorized under chapter 17 of title 38,
United States Code, and the Federal Medical Care Recovery Act
(42 U.S.C. 2651 et seq.), $300,000,000, which shall be in addition
to funds previously appropriated under this heading that became
available on October 1, 2020; and, in addition, $8,403,117,000,
plus reimbursements, shall become available on October 1, 2021,
and shall remain available until September 30, 2022: Provided,
That, of the amount made available on October 1, 2021, under
this heading, $200,000,000 shall remain available until September
30, 2023.
MEDICAL FACILITIES

For necessary expenses for the maintenance and operation of
hospitals, nursing homes, domiciliary facilities, and other necessary
facilities of the Veterans Health Administration; for administrative
expenses in support of planning, design, project management, real
property acquisition and disposition, construction, and renovation
of any facility under the jurisdiction or for the use of the Department; for oversight, engineering, and architectural activities not
charged to project costs; for repairing, altering, improving, or providing facilities in the several hospitals and homes under the jurisdiction of the Department, not otherwise provided for, either by
contract or by the hire of temporary employees and purchase of
materials; for leases of facilities; and for laundry services;
$150,000,000, which shall be in addition to funds previously appropriated under this heading that became available on October 1,
2020; and, in addition, $6,734,680,000, plus reimbursements, shall
become available on October 1, 2021, and shall remain available
until September 30, 2022: Provided, That, of the amount made
available on October 1, 2021, under this heading, $350,000,000
shall remain available until September 30, 2023.

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MEDICAL AND PROSTHETIC RESEARCH

For necessary expenses in carrying out programs of medical
and prosthetic research and development as authorized by chapter
73 of title 38, United States Code, $815,000,000, plus reimbursements, shall remain available until September 30, 2022: Provided,
That the Secretary of Veterans Affairs shall ensure that sufficient

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134 STAT. 1669

amounts appropriated under this heading are available for prosthetic research specifically for female veterans, and for toxic exposure research.
NATIONAL CEMETERY ADMINISTRATION
For necessary expenses of the National Cemetery Administration for operations and maintenance, not otherwise provided for,
including uniforms or allowances therefor; cemeterial expenses as
authorized by law; purchase of one passenger motor vehicle for
use in cemeterial operations; hire of passenger motor vehicles; and
repair, alteration or improvement of facilities under the jurisdiction
of the National Cemetery Administration, $352,000,000, of which
not to exceed 10 percent shall remain available until September
30, 2022.
DEPARTMENTAL ADMINISTRATION
GENERAL ADMINISTRATION
(INCLUDING TRANSFER OF FUNDS)

For necessary operating expenses of the Department of Veterans Affairs, not otherwise provided for, including administrative
expenses in support of Department-wide capital planning, management and policy activities, uniforms, or allowances therefor; not
to exceed $25,000 for official reception and representation expenses;
hire of passenger motor vehicles; and reimbursement of the General
Services Administration for security guard services, $365,911,000,
of which not to exceed 10 percent shall remain available until
September 30, 2022: Provided, That funds provided under this
heading may be transferred to ‘‘General Operating Expenses, Veterans Benefits Administration’’.
BOARD OF VETERANS APPEALS

For necessary operating expenses of the Board of Veterans
Appeals, $196,000,000, of which not to exceed 10 percent shall
remain available until September 30, 2022.
INFORMATION TECHNOLOGY SYSTEMS

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(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for information technology systems and
telecommunications support, including developmental information
systems and operational information systems; for pay and associated
costs; and for the capital asset acquisition of information technology
systems, including management and related contractual costs of
said acquisitions, including contractual costs associated with operations authorized by section 3109 of title 5, United States Code,
$4,912,000,000,
plus
reimbursements:
Provided,
That
$1,211,238,000 shall be for pay and associated costs, of which not
to exceed 3 percent shall remain available until September 30,
2022: Provided further, That $3,205,216,000 shall be for operations
and maintenance, of which not to exceed 5 percent shall remain
available until September 30, 2022: Provided further, That

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134 STAT. 1670

PUBLIC LAW 116–260—DEC. 27, 2020

$495,546,000 shall be for information technology systems development, and shall remain available until September 30, 2022: Provided further, That amounts made available for salaries and
expenses, operations and maintenance, and information technology
systems development may be transferred among the three subaccounts after the Secretary of Veterans Affairs 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 amounts made available for the ‘‘Information Technology Systems’’ account for development may be transferred among
projects or to newly defined projects: Provided further, That no
project may be increased or decreased by more than $1,000,000
of cost prior to submitting a request to the Committees on Appropriations of both Houses of Congress to make the transfer and
an approval is issued, or absent a response, a period of 30 days
has elapsed: Provided further, That the funds made available under
this heading for information technology systems development shall
be for the projects, and in the amounts, specified under this heading
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).

Time period.

VETERANS ELECTRONIC HEALTH RECORD

Reports.

Effective date.
Certification.
Deadline.

For activities related to implementation, preparation, development, interface, management, rollout, and maintenance of a Veterans Electronic Health Record system, including contractual costs
associated with operations authorized by section 3109 of title 5,
United States Code, and salaries and expenses of employees hired
under titles 5 and 38, United States Code, $2,627,000,000, to remain
available until September 30, 2023: Provided, That the Secretary
of Veterans Affairs shall submit to the Committees on Appropriations of both Houses of Congress quarterly reports detailing obligations, expenditures, and deployment implementation by facility,
including any changes from the deployment plan or schedule: Provided further, That the funds provided in this account shall only
be available to the Office of the Deputy Secretary, to be administered by that Office: Provided further, That 25 percent of the funds
made available under this heading shall not be available until
July 1, 2021, and are contingent upon the Secretary of Veterans
Affairs providing a certification within 7 days prior to that date
to the Committees on Appropriations of any changes to the deployment schedules.
OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General, to
include information technology, in carrying out the provisions of
the Inspector General Act of 1978 (5 U.S.C. App.), $228,000,000,
of which not to exceed 10 percent shall remain available until
September 30, 2022.

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CONSTRUCTION, MAJOR PROJECTS

For constructing, altering, extending, and improving any of
the facilities, including parking projects, under the jurisdiction or
for the use of the Department of Veterans Affairs, or for any
of the purposes set forth in sections 316, 2404, 2406 and chapter
81 of title 38, United States Code, not otherwise provided for,

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134 STAT. 1671

including planning, architectural and engineering services,
construction management services, maintenance or guarantee
period services costs associated with equipment guarantees provided
under the project, services of claims analysts, offsite utility and
storm drainage system construction costs, and site acquisition,
where the estimated cost of a project is more than the amount
set forth in section 8104(a)(3)(A) of title 38, United States Code,
or where funds for a project were made available in a previous
major project appropriation, $1,316,000,000, of which $980,638,000
shall remain available until September 30, 2025, and of which
$335,362,000 shall remain available until expended, of which
$180,198,000 shall be available for seismic improvement projects
and seismic program management activities, including for projects
that would otherwise be funded by the Construction, Minor Projects,
Medical Facilities or National Cemetery Administration accounts:
Provided, That except for advance planning activities, including
needs assessments which may or may not lead to capital investments, and other capital asset management related activities,
including portfolio development and management activities, and
investment strategy studies funded through the advance planning
fund and the planning and design activities funded through the
design fund, including needs assessments which may or may not
lead to capital investments, and funds provided for the purchase,
security, and maintenance of land for the National Cemetery
Administration through the land acquisition line item, none of
the funds made available under this heading shall be used for
any project that has not been notified to Congress through the
budgetary process or that has not been approved by the Congress
through statute, joint resolution, or in the explanatory statement
accompanying such Act and presented to the President at the time
of enrollment: Provided further, That such sums as may be necessary shall be available to reimburse the ‘‘General Administration’’
account for payment of salaries and expenses of all Office of
Construction and Facilities Management employees to support the
full range of capital infrastructure services provided, including
minor construction and leasing services: Provided further, That
funds made available under this heading for fiscal year 2021, for
each approved project shall be obligated: (1) by the awarding of
a construction documents contract by September 30, 2021; and
(2) by the awarding of a construction contract by September 30,
2022: Provided further, That the Secretary of Veterans Affairs shall
promptly submit to the Committees on Appropriations of both
Houses of Congress a written report on any approved major
construction project for which obligations are not incurred within
the time limitations established above: Provided further, That notwithstanding the requirements of section 8104(a) of title 38, United
States Code, amounts made available under this heading for seismic
improvement projects and seismic program management activities
shall be available for the completion of both new and existing
seismic projects of the Department.

Notification.

Reimbursement.

Contracts.
Deadlines.

Reports.

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CONSTRUCTION, MINOR PROJECTS

For constructing, altering, extending, and improving any of
the facilities, including parking projects, under the jurisdiction or

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134 STAT. 1672

PUBLIC LAW 116–260—DEC. 27, 2020

for the use of the Department of Veterans Affairs, including planning and assessments of needs which may lead to capital investments, architectural and engineering services, maintenance or guarantee period services costs associated with equipment guarantees
provided under the project, services of claims analysts, offsite utility
and storm drainage system construction costs, and site acquisition,
or for any of the purposes set forth in sections 316, 2404, 2406
and chapter 81 of title 38, United States Code, not otherwise
provided for, where the estimated cost of a project is equal to
or less than the amount set forth in section 8104(a)(3)(A) of title
38, United States Code, $390,000,000, to remain available until
September 30, 2025, along with unobligated balances of previous
‘‘Construction, Minor Projects’’ appropriations which are hereby
made available for any project where the estimated cost is equal
to or less than the amount set forth in such section: Provided,
That funds made available under this heading shall be for: (1)
repairs to any of the nonmedical facilities under the jurisdiction
or for the use of the Department which are necessary because
of loss or damage caused by any natural disaster or catastrophe;
and (2) temporary measures necessary to prevent or to minimize
further loss by such causes.
GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES

For grants to assist States to acquire or construct State nursing
home and domiciliary facilities and to remodel, modify, or alter
existing hospital, nursing home, and domiciliary facilities in State
homes, for furnishing care to veterans as authorized by sections
8131 through 8137 of title 38, United States Code, $90,000,000,
to remain available until expended.
GRANTS FOR CONSTRUCTION OF VETERANS CEMETERIES

For grants to assist States and tribal organizations in establishing, expanding, or improving veterans cemeteries as authorized
by section 2408 of title 38, United States Code, $45,000,000, to
remain available until expended.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFER OF FUNDS)

Time period.

SEC. 201. 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.

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(INCLUDING TRANSFER OF FUNDS)

SEC. 202. 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

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1673

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.
SEC. 203. 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.
SEC. 204. 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.
SEC. 205. 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.
SEC. 206. 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.
SEC. 207. 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’’.

Notification.

Reimbursement.

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(INCLUDING TRANSFER OF FUNDS)

SEC. 208. 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

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Reimbursement.

PUBL260A

134 STAT. 1674

Time period.

Determination.
Time period.

PUBLIC LAW 116–260—DEC. 27, 2020

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.
SEC. 209. 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.
(INCLUDING TRANSFER OF FUNDS)

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Disclosure.
Reimbursement.

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SEC. 210. 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 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.
SEC. 211. 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.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1675

(INCLUDING TRANSFER OF FUNDS)

SEC. 212. 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’’.
SEC. 213. Amounts made available under ‘‘Medical Services’’
are available—
(1) for furnishing recreational facilities, supplies, and equipment; and
(2) for funeral expenses, burial expenses, and other
expenses incidental to funerals and burials for beneficiaries
receiving care in the Department.
(INCLUDING TRANSFER OF FUNDS)

SEC. 214. 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.
SEC. 215. 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.

Contracts.
Alaska.
Native
Americans.
Requirement.
Compliance.
Definition.

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(INCLUDING TRANSFER OF FUNDS)

SEC. 216. 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.
SEC. 217. 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.

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Reports.

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134 STAT. 1676

PUBLIC LAW 116–260—DEC. 27, 2020
(INCLUDING TRANSFER OF FUNDS)

SEC. 218. 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.
(INCLUDING TRANSFER OF FUNDS)

Notification.

Repeal.
133 Stat. 2799.

SEC. 219. 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 220 of title II of division F of Public Law 116–94
is repealed.
(INCLUDING TRANSFER OF FUNDS)

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Notification.

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SEC. 220. 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.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1677

(INCLUDING TRANSFER OF FUNDS)

SEC. 221. 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.

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(INCLUDING TRANSFER OF FUNDS)

SEC. 222. 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.
SEC. 223. None of the funds available to the Department of
Veterans Affairs, in this or any other Act, may be used to replace
the current system by which the Veterans Integrated Service Networks select and contract for diabetes monitoring supplies and
equipment.
SEC. 224. 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.
SEC. 225. 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.
SEC. 226. 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

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Notifications.
Deadlines.

Contracts.

Approval.

Reports.
Data.

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134 STAT. 1678

PUBLIC LAW 116–260—DEC. 27, 2020

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.
SEC. 227. 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.
SEC. 228. 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.

Notification.
Deadline.

Time period.
Notification.

(INCLUDING TRANSFER OF FUNDS)

Determinations.

SEC. 229. 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.

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(INCLUDING TRANSFER OF FUNDS)

SEC. 230. 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

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1679

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.
SEC. 231. 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.
SEC. 232. (a) The Secretary of Veterans Affairs shall ensure
that the toll-free suicide hotline under section 1720F(h) of title
38, United States Code—
(1) provides to individuals who contact the hotline immediate assistance from a trained professional; and
(2) adheres to all requirements of the American Association
of Suicidology.
(b)(1) 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).
(2) In this subsection—
(A) the term ‘‘civil service’’ has the meaning given such
term in section 2101(1) of title 5, United States Code; and
(B) the term ‘‘Executive action’’ includes—
(i) any Executive order, presidential memorandum, or
other action by the President; and
(ii) any agency policy, order, or other directive.
(c)(1) 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.
(2) At a minimum, the study required by paragraph (1) shall—
(A) 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;
(B) 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
(C) determine the number of veterans described in subparagraph (A) who commit or attempt suicide.
SEC. 233. 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.
SEC. 234. (a) Notwithstanding any other provision of law, the
amounts appropriated or otherwise made available to the Department of Veterans Affairs for the ‘‘Medical Services’’ account may
be used to provide—

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Definitions.

Study.
Time period.
Analysis.
Data.
Determinations.

Effective date.
Time period.

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Definitions.

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PUBLIC LAW 116–260—DEC. 27, 2020

(1) fertility counseling and treatment using assisted reproductive technology to a covered veteran or the spouse of a
covered veteran; or
(2) adoption reimbursement to a covered veteran.
(b) In this section:
(1) The term ‘‘service-connected’’ has the meaning given
such term in section 101 of title 38, United States Code.
(2) The term ‘‘covered veteran’’ means a veteran, as such
term is defined in section 101 of title 38, United States Code,
who has a service-connected disability that results in the
inability of the veteran to procreate without the use of fertility
treatment.
(3) 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, United States Code, 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, including any
limitations on the amount of such benefits available to such
a member except that—
(A) the time periods regarding embryo cryopreservation
and storage set forth in part III(G) and in part IV(H)
of such memorandum shall not apply; and
(B) such term includes embryo cryopreservation and
storage without limitation on the duration of such
cryopreservation and storage.
(4) 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 Act 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.
(c) Amounts made available for the purposes specified in subsection (a) of this section are subject to the requirements for funds
contained in section 508 of division H of the Consolidated Appropriations Act, 2018 (Public Law 115–141).
SEC. 235. 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.
SEC. 236. 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.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1681

SEC. 237. (a) 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:
(1) For all veterans submitting to the Secretary of Veterans
Affairs new claims for benefits under laws administered by
the Secretary, not later than March 23, 2023.
(2) For all individuals not described in paragraph (1), not
later than March 23, 2026.
(b) 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.
(c) The matter in subsections (a) and (b) shall supersede section
238 of Public Law 116–94.
SEC. 238. 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.
SEC. 239. 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.
SEC. 240. 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.
SEC. 241. 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.
SEC. 242. 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.
SEC. 243. (a) 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.
(b) 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.

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Consultation.
Deadlines.
38 USC 5701
note prec.

Applicability.

Applicability.

Records.

PUBL260A

134 STAT. 1682
Compliance.

Reports.

Notification.
Proposals.
Time period.

Applicability.

Effective date.
38 USC 303 note.

Effective date.
Determination.

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Reports.

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PUBLIC LAW 116–260—DEC. 27, 2020

(c) 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.).
(d) 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.
SEC. 244. 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.
SEC. 245. 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.
SEC. 246. For funds provided to the Department of Veterans
Affairs for each of fiscal year 2021 and 2022, section 248 of division
A of Public Law 114–223 shall apply.
SEC. 247. (a) None of the funds appropriated or otherwise
made available by this Act may be used to conduct research commencing on or after October 1, 2019, that uses any canine, feline,
or non-human primate unless the Secretary of Veterans Affairs
approves such research specifically and in writing pursuant to
subsection (b).
(b)(1) The Secretary of Veterans Affairs may approve the conduct of research commencing on or after October 1, 2019, using
canines, felines, or non-human primates if the Secretary determines
that—
(A) the scientific objectives of the research can only be
met by using such canines, felines, or non-human primates;
(B) such scientific objectives are directly related to an illness or injury that is combat-related; and
(C) the research is consistent with the revised Department
of Veterans Affairs canine research policy document dated
December 15, 2017, including any subsequent revisions to such
document.
(2) The Secretary may not delegate the authority under
this subsection.
(c) If the Secretary approves any new research pursuant to
subsection (b), not later than 30 days before the commencement
of such research, the Secretary shall submit to the Committees
on Appropriations of the Senate and House of Representatives
a report describing—
(1) the nature of the research to be conducted using canines,
felines, or non-human primates;
(2) the date on which the Secretary approved the research;
(3) the justification for the determination of the Secretary
that the scientific objectives of such research could only be
met using canines, felines, or non-human primates;
(4) the frequency and duration of such research; and

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134 STAT. 1683

(5) the protocols in place to ensure the necessity, safety,
and efficacy of the research; and
(d) Not later than 180 days after the date of the enactment
of this Act, and biannually thereafter, the Secretary shall submit
to such Committees a report describing—
(1) any research being conducted by the Department of
Veterans Affairs using canines, felines, or non-human primates
as of the date of the submittal of the report;
(2) the circumstances under which such research was conducted using canines, felines, or non-human primates;
(3) the justification for using canines, felines, or non-human
primates to conduct such research; and
(4) the protocols in place to ensure the necessity, safety,
and efficacy of such research.
(e) Not later than December 31, 2021, the Secretary shall
submit to such Committees an updated plan under which the Secretary will eliminate or reduce the research conducted using
canines, felines, or non-human primates by not later than 5 years
after the date of enactment of Public Law 116–94.
SEC. 248. (a) The Secretary of Veterans Affairs may use
amounts appropriated or otherwise made available in this title
to ensure that the ratio of veterans to full-time employment equivalents within any program of rehabilitation conducted under chapter
31 of title 38, United States Code, does not exceed 125 veterans
to one full-time employment equivalent.
(b) Not later than 180 days after the date of the enactment
of this Act, the Secretary shall submit to Congress a report on
the programs of rehabilitation conducted under chapter 31 of title
38, United States Code, including—
(1) an assessment of the veteran-to-staff ratio for each
such program; and
(2) recommendations for such action as the Secretary considers necessary to reduce the veteran-to-staff ratio for each
such program.
SEC. 249. 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.
SEC. 250. 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 otherwise be 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).
SEC. 251. 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.
SEC. 252. Of the amounts made available for the Department
of Veterans Affairs for fiscal year 2021, in this or any other Act,
under the ‘‘Veterans Health Administration—Medical Services’’,
‘‘Veterans Health Administration—Medical Community Care’’, ‘‘Veterans Health Administration—Medical Support and Compliance’’,
and ‘‘Veterans Health Administration—Medical Facilities’’ accounts,

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Reports.

Deadlines.
Plan.

Reports.

Assessment.
Recommendations.
New York.
Market
assessment.

PUBL260A

134 STAT. 1684

Deadline.

Timeline.

PUBLIC LAW 116–260—DEC. 27, 2020

$660,691,000 shall be made available for gender-specific care for
women.
SEC. 253 (a) PLAN REQUIRED.—Not later than 90 days after
the date of the enactment of this Act, the Secretary of Veterans
Affairs shall submit to the appropriate committees of Congress
a plan to reduce the chances that clinical mistakes by employees
of the Department of Veterans Affairs will result in adverse events
that require institutional or clinical disclosures and to prevent
any unnecessary hardship for patients and families impacted by
such adverse events.
(b) ELEMENTS.—The plan required by subsection (a) shall
include the following:
(1) A description of a process for the timely identification
of individuals impacted by disclosures described in subsection
(a) and the process for contacting those individuals or their
next of kin.
(2) A description of procedures for expediting any remedial
or follow-up care required for those individuals.
(3) A detailed outline of proposed changes to the process
of the Department for clinical quality checks and oversight.
(4) A communication plan to ensure all facilities of the
Department are made aware of any requirements updated
pursuant to the plan.
(5) A timeline detailing the implementation of the plan.
(6) An identification of the senior executive of the Department responsible for ensuring compliance with the plan.
(7) An identification of potential impacts of the plan on
timely diagnoses for patients.
(8) An identification of the processes and procedures for
employees of the Department to make leadership at the facility
and the Department aware of adverse events that are concerning and that result in disclosures and to ensure that the
medical impact on veterans of such disclosures is minimized.
(c) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this
section, the term ‘‘appropriate committees of Congress’’ means—
(1) the Committee on Veterans’ Affairs and the Subcommittee on Military Construction, Veterans Affairs, and
Related Agencies of the Committee on Appropriations of the
Senate; and
(2) the Committee on Veterans’ Affairs and the Subcommittee on Military Construction, Veterans Affairs, and
Related Agencies of the Committee on Appropriations of the
House of Representatives.

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(RESCISSIONS OF FUNDS)

SEC. 254. Of the unobligated balances available to the Department of Veterans Affairs from prior appropriations Acts, the following funds are hereby rescinded from the following accounts
in the amounts specified:
‘‘Veterans Benefits Administration, General Operating
Expenses, Veterans Benefits Administration’’, $16,000,000;
‘‘Veterans Health Administration, Medical Services’’,
$100,000,000;
‘‘Veterans Health Administration, Medical Support and
Compliance’’, $15,000,000;

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1685

‘‘Veterans Health Administration, Medical and Prosthetic
Research’’, $20,000,000;
‘‘Departmental Administration, General Administration’’,
$12,000,000;
‘‘Departmental Administration, Information Technology
Systems’’, $37,500,000;
‘‘Departmental Administration, Veterans Electronic Health
Record’’, $20,000,000; and
‘‘Departmental Administration, Construction, Minor
Projects’’, $35,700,000:
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.
TITLE III
RELATED AGENCIES
AMERICAN BATTLE MONUMENTS COMMISSION
SALARIES AND EXPENSES

For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, including the acquisition
of land or interest in land in foreign countries; purchases and
repair of uniforms for caretakers of national cemeteries and monuments outside of the United States and its territories and possessions; rent of office and garage space in foreign countries; purchase
(one-for-one replacement basis only) and hire of passenger motor
vehicles; not to exceed $15,000 for official reception and representation expenses; and insurance of official motor vehicles in foreign
countries, when required by law of such countries, $84,100,000,
to remain available until expended.
FOREIGN CURRENCY FLUCTUATIONS ACCOUNT

For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, such sums as may be
necessary, to remain available until expended, for purposes authorized by section 2109 of title 36, United States Code.
UNITED STATES COURT

OF

APPEALS

FOR

VETERANS CLAIMS

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SALARIES AND EXPENSES

For necessary expenses for the operation of the United States
Court of Appeals for Veterans Claims as authorized by sections
7251 through 7298 of title 38, United States Code, $37,100,000:
Provided, That $3,286,509 shall be available for the purpose of
providing financial assistance as described and in accordance with
the process and reporting procedures set forth under this heading
in Public Law 102–229.

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134 STAT. 1686

PUBLIC LAW 116–260—DEC. 27, 2020
DEPARTMENT

OF

DEFENSE—CIVIL

CEMETERIAL EXPENSES, ARMY
SALARIES AND EXPENSES

For necessary expenses for maintenance, operation, and
improvement of Arlington National Cemetery and Soldiers’ and
Airmen’s Home National Cemetery, including the purchase or lease
of passenger motor vehicles for replacement on a one-for-one basis
only, and not to exceed $2,000 for official reception and representation expenses, $81,815,000, of which not to exceed $15,000,000
shall remain available until September 30, 2023. In addition, such
sums as may be necessary for parking maintenance, repairs and
replacement, to be derived from the ‘‘Lease of Department of
Defense Real Property for Defense Agencies’’ account.
ARMED FORCES RETIREMENT HOME
TRUST FUND

For expenses necessary for the Armed Forces Retirement Home
to operate and maintain the Armed Forces Retirement Home—
Washington, District of Columbia, and the Armed Forces Retirement
Home—Gulfport, Mississippi, to be paid from funds available in
the Armed Forces Retirement Home Trust Fund, $75,300,000, to
remain available until September 30, 2022, of which $9,000,000
shall remain available until expended for construction and renovation of the physical plants at the Armed Forces Retirement Home—
Washington, District of Columbia, and the Armed Forces Retirement
Home—Gulfport, Mississippi: Provided, That of the amounts made
available under this heading from funds available in the Armed
Forces Retirement Home Trust Fund, $22,000,000 shall be paid
from the general fund of the Treasury to the Trust Fund.
ADMINISTRATIVE PROVISION
SEC. 301. 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.
TITLE IV
OVERSEAS CONTINGENCY OPERATIONS
DEPARTMENT OF DEFENSE

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MILITARY CONSTRUCTION, ARMY
For an additional amount for ‘‘Military Construction, Army’’,
$16,111,000, to remain available until September 30, 2025, for
projects outside of the United States: Provided, That such amount
is 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.

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PUBLIC LAW 116–260—DEC. 27, 2020
MILITARY CONSTRUCTION, NAVY

AND

134 STAT. 1687

MARINE CORPS

For an additional amount for ‘‘Military Construction, Navy
and Marine Corps’’, $70,020,000, to remain available until September 30, 2025, for projects outside of the United States: Provided,
That such amount is 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.
MILITARY CONSTRUCTION, AIR FORCE
For an additional amount for ‘‘Military Construction, Air Force’’
$263,869,000, to remain available until September 30, 2025, for
projects outside of the United States: Provided, That such amount
is 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.
ADMINISTRATIVE PROVISION
SEC. 401. 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.

Classified
information.
List.
Time period.

TITLE V

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GENERAL PROVISIONS
SEC. 501. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
SEC. 502. 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.
SEC. 503. 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.
SEC. 504. 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.
SEC. 505. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of

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Reports.
Notifications.

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134 STAT. 1688

Web posting.
Public
information.
Reports.
Determinations.

Time period.

Pornography.

Contracts.

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Detainees.
Cuba.

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PUBLIC LAW 116–260—DEC. 27, 2020

the United States Government except pursuant to a transfer made
by, or transfer authority provided in, this or any other appropriations Act.
SEC. 506. 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.
SEC. 507. (a) 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.
(b) Subsection (a) shall not apply to a report if—
(1) the public posting of the report compromises national
security; or
(2) the report contains confidential or proprietary information.
(c) 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.
SEC. 508. (a) 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.
(b) 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.
SEC. 509. None of the funds made available in this Act may
be used by an agency of the executive branch to pay for firstclass 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.
SEC. 510. 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.
SEC. 511. 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.
SEC. 512. (a) IN GENERAL.—None of the funds appropriated
or otherwise made available to the Department of Defense in this
Act may be used to construct, renovate, or expand any facility
in the United States, its territories, or possessions to house any
individual detained at United States Naval Station, Guanta´namo
Bay, Cuba, for the purposes of detention or imprisonment in the
custody or under the control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station,
Guanta´namo Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guanta´namo Bay, Cuba, and who—
(1) is not a citizen of the United States or a member
of the Armed Forces of the United States; and
(2) is—

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1689

(A) in the custody or under the effective control of
the Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guanta´namo Bay, Cuba.
SEC. 513. Title X of division B of the Coronavirus Aid, Relief,
and Economic Security Act (Public Law 116–136) is amended under
the heading ‘‘Department of Veterans Affairs—Departmental
Administration—Grants for Construction of State Extended Care
Facilities’’ by striking ‘‘including to modify or alter existing hospital,
nursing home, and domiciliary facilities in State homes: Provided,’’
and inserting in lieu thereof the following: ‘‘which shall be for
modifying or altering existing hospital, nursing home, and domiciliary facilities in State homes or for previously awarded projects,
for covering construction cost increases due to the coronavirus:
Provided, That the Secretary shall conduct a new competition or
competitions to award grants to States using funds provided under
this heading in this Act: Provided further, That such grants may
be made to reimburse States for the costs of modifications or alterations that have been initiated or completed before an application
for a grant under this section is approved by the Secretary: Provided
further, That such grants may be made to assist States with covering increased construction and construction administration costs
as a result of the coronavirus that will or have occurred on previously awarded projects: Provided further, That the use of funds
provided under this heading in this Act shall not be subject to
state matching fund requirements, application requirements, cost
thresholds, priority lists, deadlines, award dates under sections
8134 and 8135 of title 38, United States Code, and part 59 of
chapter I of title 38, Code of Federal Regulations, and shall not
be subject to requirements of section 501(d) of title 38, United
States Code: Provided further, That the Secretary may establish
and adjust rolling deadlines for applications for such grants and
may issue multiple rounds of application periods for the award
of such grants under this section: Provided further,’’: Provided,
That amounts repurposed pursuant to this section that were previously designated by the Congress as an emergency requirement
pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985 are designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
SEC. 514. Of the unobligated balances available to the Department of Veterans Affairs from title X of division B of the
Coronavirus Aid, Relief, and Economic Security Act (Public Law
116–136) for ‘‘Veterans Health Administration, Medical Services’’,
funds may be transferred to the following accounts in the amounts
specified:
‘‘General Operating Expenses, Veterans Benefits Administration’’, up to $140,000,000;
‘‘National Cemetery Administration’’, up to $26,000,000;
and
‘‘Departmental Administration, Board of Veterans
Appeals’’, up to $1,000,000:
Provided, That the transferred funds shall be used for personnel
costs and other expenses to prevent, prepare for, and respond
to coronavirus, domestically or internationally, including the elimination of backlogs that may have occurred: Provided further, That
the transferred funds shall be in addition to any other funds made

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Grants.
Ante, p. 584.

Reimbursement.

Transfer
authority.

PUBL260A

134 STAT. 1690

Transfer
authority.

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available for this purpose: Provided further, That the transferred
funds may not be used to increase the number of full-time equivalent positions: Provided further, That the amounts transferred in
this section that were previously designated by the Congress as
an emergency requirement pursuant to the Balanced Budget and
Emergency Deficit Control Act of 1985 are designated by the Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
SEC. 515. Of the unobligated balances available to the Department of Veterans Affairs from title X of division B of the
Coronavirus Aid, Relief, and Economic Security Act (Public Law
116–136) for ‘‘Veterans Health Administration, Medical Services’’,
funds may be transferred to the following accounts in the amounts
specified:
‘‘General Operating Expenses, Veterans Benefits Administration’’, up to $198,000,000; and
‘‘Departmental Administration, Information Technology
Systems’’, up to $45,000,000:
Provided, That the transferred funds shall be used to prevent,
prepare for, and respond to coronavirus, domestically or internationally, to improve the Veterans Benefits Administration’s education
systems, including implementation of changes to chapters 30
through 36 of part III of title 38, United States Code in the Harry
W. Colmery Veterans Educational Assistance Act of 2017 (Public
Law 115–48), in a bill to authorize the Secretary of Veterans Affairs
to treat certain programs of education converted to distance learning
by reason of emergencies and health-related situations in the same
manner as programs of education pursued at educational institutions, and for other purposes (Public Law 116–128), and in the
Student Veteran Coronavirus Response Act of 2020 (Public Law
116–140): Provided further, That funds transferred to ‘‘Departmental Administration, Information Technology Systems’’ pursuant
to this section shall be transferred to the information technology
systems development subaccount: Provided further, That the transferred funds shall be in addition to any other funds made available
for this purpose: Provided further, That the amounts transferred
in this section that were previously designated by the Congress
as an emergency requirement pursuant to the Balanced Budget
and Emergency Deficit Control Act of 1985 are designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
SEC. 516. Section 20013(b) of the Coronavirus Aid, Relief, and
Economic Security Act (Public Law 116–136) is amended—
(1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;
(2) in the matter preceding subparagraph (A), as so redesignated, by inserting ‘‘(1)’’ before ‘‘In the case’’; and
(3) by adding at the end the following: ‘‘(2) If the Secretary
waives any limit on grant amounts or rates for per diem payments under paragraph (1), notwithstanding section
2012(a)(2)(B) of such title, the maximum rate for per diem
payments described in paragraph (1)(B) shall be three times
the rate authorized for State homes for domiciliary care under
section 1741 of such title.’’:

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1691

Provided, That amounts repurposed pursuant to this section that
were previously designated by the Congress as an emergency
requirement pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 are designated by the Congress as being
for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
SEC. 517. Of the unobligated balances available to the Department of Veterans Affairs from title X of division B of the
Coronavirus Aid, Relief, and Economic Security Act (Public Law
116–136) for ‘‘Veterans Health Administration, Medical Services’’,
up to $100,000,000 may be transferred to ‘‘Veterans Health
Administration, Medical Community Care’’: Provided, That funds
transferred pursuant to this section shall be used to provide a
one-time emergency payment to existing State Extended Care
Facilities for Veterans to prevent, prepare for, and respond to
coronavirus: Provided further, That such payments shall be in
proportion to each State’s share of the total resident capacity in
such facilities as of the date of enactment of this Act where such
capacity includes only veterans on whose behalf the Department
pays a per diem payment pursuant to 38 U.S.C. 1741 or 1745:
Provided further, That the amounts transferred in this section
that were previously designated by the Congress as an emergency
requirement pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 are designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
This division may be cited as the ‘‘Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2021’’.
DIVISION K—DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS
ACT, 2021
TITLE I

Transfer
authority.

Department of
State, Foreign
Operations, and
Related
Programs
Appropriations
Act, 2021.

DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT
ADMINISTRATION

OF

OF

STATE

FOREIGN AFFAIRS

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DIPLOMATIC PROGRAMS

For necessary expenses of the Department of State and the
Foreign Service not otherwise provided for, $9,170,013,000, of which
$757,367,000 may remain available until September 30, 2022, and
of which up to $4,120,899,000 may remain available until expended
for Worldwide Security Protection: Provided, That of the amount
made available under this heading for Worldwide Security Protection, $2,226,122,000 is 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: Provided further, That funds made available
under this heading shall be allocated in accordance with paragraphs
(1) through (4) as follows:
(1) HUMAN RESOURCES.—For necessary expenses for
training, human resources management, and salaries, including
employment without regard to civil service and classification

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Allocations.

PUBL260A

134 STAT. 1692

laws of persons on a temporary basis (not to exceed $700,000),
as authorized by section 801 of the United States Information
and Educational Exchange Act of 1948 (62 Stat. 11; Chapter
36), $2,990,820,000, of which up to $534,782,000 is for Worldwide Security Protection.
(2) OVERSEAS PROGRAMS.—For necessary expenses for the
regional bureaus of the Department of State and overseas
activities as authorized by law, $1,808,415,000.
(3) DIPLOMATIC POLICY AND SUPPORT.—For necessary
expenses for the functional bureaus of the Department of State,
including representation to certain international organizations
in which the United States participates pursuant to treaties
ratified pursuant to the advice and consent of the Senate or
specific Acts of Congress, general administration, and arms
control, nonproliferation, and disarmament activities as authorized, $763,428,000.
(4) SECURITY PROGRAMS.—For necessary expenses for security activities, $3,607,350,000, of which up to $3,586,117,000
is for Worldwide Security Protection.
(5) FEES AND PAYMENTS COLLECTED.—In addition to
amounts otherwise made available under this heading—
(A) as authorized by section 810 of the United States
Information and Educational Exchange Act, not to exceed
$5,000,000, to remain available until expended, may be
credited to this appropriation from fees or other payments
received from English teaching, library, motion pictures,
and publication programs and from fees from educational
advising and counseling and exchange visitor programs;
and
(B) not to exceed $15,000, which shall be derived from
reimbursements, surcharges, and fees for use of Blair
House facilities.
(6) TRANSFER OF FUNDS, REPROGRAMMING, AND OTHER MATTERS.—
(A) Notwithstanding any other provision of this Act,
funds may be reprogrammed within and between paragraphs (1) through (4) under this heading subject to section
7015 of this Act.
(B) Of the amount made available under this heading
for Worldwide Security Protection, not to exceed
$50,000,000 may be transferred to, and merged with, funds
made available by this Act under the heading ‘‘Emergencies
in the Diplomatic and Consular Service’’, to be available
only for emergency evacuations and rewards, as authorized:
Provided, That the exercise of the authority provided by
this subparagraph shall be subject to prior consultation
with the Committees on Appropriations.
(C) Funds appropriated under this heading are available for acquisition by exchange or purchase of passenger
motor vehicles as authorized by law and, pursuant to section 1108(g) of title 31, United States Code, for the field
examination of programs and activities in the United States
funded from any account contained in this title.

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Consultation.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1693

CAPITAL INVESTMENT FUND

For necessary expenses of the Capital Investment Fund, as
authorized, $250,000,000, to remain available until expended.
OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General,
$90,829,000, of which $13,624,000 may remain available until September 30, 2022: Provided, That funds appropriated under this
heading are made available notwithstanding section 209(a)(1) of
the Foreign Service Act of 1980 (22 U.S.C. 3929(a)(1)), as it relates
to post inspections.
In addition, for the Special Inspector General for Afghanistan
Reconstruction (SIGAR) for reconstruction oversight, $54,900,000,
to remain available until September 30, 2022, which is 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: Provided, That
funds appropriated under this heading that are made available
for the printing and reproduction costs of SIGAR shall not exceed
amounts for such costs during the prior fiscal year.
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

For necessary expenses of educational and cultural exchange
programs, as authorized, $740,300,000, to remain available until
expended, of which not less than $274,000,000 shall be for the
Fulbright Program and not less than $113,860,000 shall be for
Citizen Exchange Program: Provided, That fees or other payments
received from, or in connection with, English teaching, educational
advising and counseling programs, and exchange visitor programs
as authorized may be credited to this account, to remain available
until expended: Provided further, That a portion of the Fulbright
awards from the Eurasia and Central Asia regions shall be designated as Edmund S. Muskie Fellowships, following consultation
with the Committees on Appropriations: Provided further, That
funds appropriated under this heading that are made available
for the Benjamin Gilman International Scholarships Program shall
also be made available for the John S. McCain Scholars Program,
pursuant to section 7075 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2019 (division
F of Public Law 116–6): Provided further, That funds appropriated
under this heading shall be made available for the Community
Engagement Exchange Program as described under the heading
‘‘Civil Society Exchange Program’’ in Senate Report 116–126: Provided further, That any substantive modifications from the prior
fiscal year to programs funded by this Act under this heading
shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations.

Fellowships and
scholarships.
Consultation.

Consultation.
Notification.

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REPRESENTATION EXPENSES

For representation expenses as authorized, $7,415,000.

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PUBL260A

134 STAT. 1694

PUBLIC LAW 116–260—DEC. 27, 2020
PROTECTION OF FOREIGN MISSIONS AND OFFICIALS

For necessary expenses, not otherwise provided, to enable the
Secretary of State to provide for extraordinary protective services,
as authorized, $30,890,000, to remain available until September
30, 2022.
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926 (22 U.S.C. 292 et seq.), preserving,
maintaining, repairing, and planning for real property that are
owned or leased by the Department of State, and renovating, in
addition to funds otherwise available, the Harry S Truman Building,
$769,055,000, to remain available until September 30, 2025, of
which not to exceed $25,000 may be used for overseas representation
expenses as authorized: Provided, That none of the funds appropriated in this paragraph shall be available for acquisition of furniture, furnishings, or generators for other departments and agencies of the United States Government.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $1,181,394,000, to
remain available until expended, of which $824,287,000 is 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.
EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE

For necessary expenses to enable the Secretary of State to
meet unforeseen emergencies arising in the Diplomatic and Consular Service, as authorized, $7,885,000, to remain available until
expended, of which not to exceed $1,000,000 may be transferred
to, and merged with, funds appropriated by this Act under the
heading ‘‘Repatriation Loans Program Account’’.
REPATRIATION LOANS PROGRAM ACCOUNT

For the cost of direct loans, $2,500,000, as authorized: Provided,
That such costs, including the cost of modifying such loans, shall
be as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That such funds are available to subsidize
gross obligations for the principal amount of direct loans not to
exceed $6,311,992.
PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN

For necessary expenses to carry out the Taiwan Relations Act
(Public Law 96–8), $31,963,000.

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INTERNATIONAL CENTER, WASHINGTON, DISTRICT OF COLUMBIA

Not to exceed $1,806,600 shall be derived from fees collected
from other executive agencies for lease or use of facilities at the
International Center in accordance with section 4 of the International Center Act (Public Law 90–553), and, in addition, as
authorized by section 5 of such Act, $2,743,000, to be derived
from the reserve authorized by such section, to be used for the
purposes set out in that section.

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PUBL260A

PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1695

PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY
FUND

For payment to the Foreign Service Retirement and Disability
Fund, as authorized, $158,900,000.
INTERNATIONAL ORGANIZATIONS

22 USC 269a
note.

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CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

For necessary expenses, not otherwise provided for, to meet
annual obligations of membership in international multilateral
organizations, pursuant to treaties ratified pursuant to the advice
and consent of the Senate, conventions, or specific Acts of Congress,
$1,505,928,000, of which $96,240,000, to remain available until
September 30, 2022, is 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: Provided, That the Secretary of State shall,
at the time of the submission of the President’s budget to Congress
under section 1105(a) of title 31, United States Code, transmit
to the Committees on Appropriations the most recent biennial
budget prepared by the United Nations for the operations of the
United Nations: Provided further, That the Secretary of State shall
notify the Committees on Appropriations at least 15 days in advance
(or in an emergency, as far in advance as is practicable) of any
United Nations action to increase funding for any United Nations
program without identifying an offsetting decrease elsewhere in
the United Nations budget: Provided further, That any payment
of arrearages under this heading shall be directed to activities
that are mutually agreed upon by the United States and the respective international organization and shall be subject to the regular
notification procedures of the Committees on Appropriations: Provided further, That none of the funds appropriated under this
heading shall be available for a United States contribution to an
international organization for the United States share of interest
costs made known to the United States Government by such
organization for loans incurred on or after October 1, 1984, through
external borrowings.

United Nations.
Notifications.

CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES

United Nations.

For necessary expenses to pay assessed and other expenses
of international peacekeeping activities directed to the maintenance
or restoration of international peace and security, $1,456,314,000,
of which $705,994,000 is 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: Provided, That of the funds made available
under this heading, up to $818,542,000 may remain available until
September 30, 2022: Provided further, That none of the funds
made available by this Act shall be obligated or expended for
any new or expanded United Nations peacekeeping mission unless,
at least 15 days in advance of voting for such mission in the
United Nations Security Council (or in an emergency as far in
advance as is practicable), the Committees on Appropriations are
notified of: (1) the estimated cost and duration of the mission,
the objectives of the mission, the national interest that will be

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Budget.

Time period.

Time period.
Notifications.
Cost estimates.

PUBL260A

134 STAT. 1696

Certification.
Reports.
Human rights.
Public
information.
Web posting.

Procedures.
Human rights.
Determination.

President.
Recommendations.

Notification.

PUBLIC LAW 116–260—DEC. 27, 2020

served, and the exit strategy; and (2) the sources of funds, including
any reprogrammings or transfers, that will be used to pay the
cost of the new or expanded mission, and the estimated cost in
future fiscal years: Provided further, That none of the funds appropriated under this heading may be made available for obligation
unless the Secretary of State certifies and reports to the Committees
on Appropriations on a peacekeeping mission-by-mission basis that
the United Nations is implementing effective policies and procedures to prevent United Nations employees, contractor personnel,
and peacekeeping troops serving in such mission from trafficking
in persons, exploiting victims of trafficking, or committing acts
of sexual exploitation and abuse or other violations of human rights,
and to hold accountable individuals who engage in such acts while
participating in such mission, including prosecution in their home
countries and making information about such prosecutions publicly
available on the website of the United Nations: Provided further,
That the Secretary of State shall work with the United Nations
and foreign governments contributing peacekeeping troops to implement effective vetting procedures to ensure that such troops have
not violated human rights: Provided further, That funds shall be
available for peacekeeping expenses unless the Secretary of State
determines that United States manufacturers and suppliers are
not being given opportunities to provide equipment, services, and
material for United Nations peacekeeping activities equal to those
being given to foreign manufacturers and suppliers: Provided further, That none of the funds appropriated or otherwise made available under this heading may be used for any United Nations peacekeeping mission that will involve United States Armed Forces under
the command or operational control of a foreign national, unless
the President’s military advisors have submitted to the President
a recommendation that such involvement is in the national interest
of the United States and the President has submitted to Congress
such a recommendation: Provided further, That any payment of
arrearages with funds appropriated by this Act shall be subject
to the regular notification procedures of the Committees on Appropriations.
INTERNATIONAL COMMISSIONS

22 USC 269a
note.

For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or specific
Acts of Congress, as follows:
INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES
AND MEXICO

Compliance.

For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States and
Mexico, and to comply with laws applicable to the United States
Section, including not to exceed $6,000 for representation expenses;
as follows:

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SALARIES AND EXPENSES

For salaries and expenses, not otherwise provided for,
$49,770,000, of which $7,466,000 may remain available until September 30, 2022.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1697

CONSTRUCTION

For detailed plan preparation and construction of authorized
projects, $49,000,000, to remain available until expended, as authorized: Provided, That of the funds appropriated under this heading
in this Act and prior Acts making appropriations for the Department
of State, foreign operations, and related programs for the United
States Section, except for funds designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism or as
an emergency requirement pursuant to a concurrent resolution
on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985, up to $5,000,000 may be transferred to, and
merged with, funds appropriated under the heading ‘‘Salaries and
Expenses’’ to carry out the purposes of the United States Section,
which shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations: Provided further, That such transfer authority is in addition to any
other transfer authority provided in this Act.

Transfer
authority.
Consultation.
Notification.

AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

For necessary expenses, not otherwise provided, for the International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by treaties
between the United States and Canada or Great Britain, and for
technical assistance grants and the Community Assistance Program
of the North American Development Bank, $15,008,000: Provided,
That of the amount provided under this heading for the International Joint Commission, up to $1,250,000 may remain available
until September 30, 2022, and up to $9,000 may be made available
for representation expenses: Provided further, That of the amount
provided under this heading for the International Boundary
Commission, up to $1,000 may be made available for representation
expenses.
INTERNATIONAL FISHERIES COMMISSIONS

For necessary expenses for international fisheries commissions,
not otherwise provided for, as authorized by law, $62,846,000: Provided, That the United States share of such expenses may be
advanced to the respective commissions pursuant to section 3324
of title 31, United States Code.
RELATED AGENCY
UNITED STATES AGENCY

FOR

GLOBAL MEDIA

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INTERNATIONAL BROADCASTING OPERATIONS

For necessary expenses to enable the United States Agency
for Global Media (USAGM), as authorized, to carry out international
communication activities, and to make and supervise grants for
radio, Internet, and television broadcasting to the Middle East,
$793,257,000: Provided, That in addition to amounts otherwise
available for such purposes, up to $40,708,000 of the amount appropriated under this heading may remain available until expended
for satellite transmissions and Internet freedom programs, of which
not less than $20,000,000 shall be for Internet freedom programs:

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134 STAT. 1698

Notification.

Notification.
Deadline.
Determination.
Terrorism.

Notification.

Transfer
authority.

Consultation.
Notification.

PUBLIC LAW 116–260—DEC. 27, 2020

Provided further, That of the total amount appropriated under
this heading, not to exceed $35,000 may be used for representation
expenses, of which $10,000 may be used for such expenses within
the United States as authorized, and not to exceed $30,000 may
be used for representation expenses of Radio Free Europe/Radio
Liberty: Provided further, That funds appropriated under this
heading shall be allocated in accordance with the table included
under this heading in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated
Act): Provided further, That notwithstanding the previous proviso,
funds may be reprogrammed within and between amounts designated in such table, subject to the regular notification procedures
of the Committees on Appropriations, except that no such reprogramming may reduce a designated amount by more than 5
percent: Provided further, That funds appropriated under this
heading shall be made available in accordance with the principles
and standards set forth in section 303(a) and (b) of the United
States International Broadcasting Act of 1994 (22 U.S.C. 6202)
and section 305(b) of such Act (22 U.S.C. 6204): Provided further,
That the USAGM Chief Executive Officer shall notify the Committees on Appropriations within 15 days of any determination by
the USAGM that any of its broadcast entities, including its grantee
organizations, provides an open platform for international terrorists
or those who support international terrorism, or is in violation
of the principles and standards set forth in section 303(a) and
(b) of such Act or the entity’s journalistic code of ethics: Provided
further, That in addition to funds made available under this
heading, and notwithstanding any other provision of law, up to
$5,000,000 in receipts from advertising and revenue from business
ventures, up to $500,000 in receipts from cooperating international
organizations, and up to $1,000,000 in receipts from privatization
efforts of the Voice of America and the International Broadcasting
Bureau, shall remain available until expended for carrying out
authorized purposes: Provided further, That significant modifications to USAGM broadcast hours previously justified to Congress,
including changes to transmission platforms (shortwave, medium
wave, satellite, Internet, and television), for all USAGM language
services shall be subject to the regular notification procedures of
the Committees on Appropriations: Provided further, That up to
$7,000,000 from the USAGM Buying Power Maintenance account
may be transferred to, and merged with, funds appropriated by
this Act under the heading ‘‘International Broadcasting Operations’’,
which shall remain available until expended: Provided further, That
such transfer authority is in addition to any transfer authority
otherwise available under any other provision of law and shall
be subject to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.

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BROADCASTING CAPITAL IMPROVEMENTS

For the purchase, rent, construction, repair, preservation, and
improvement of facilities for radio, television, and digital transmission and reception; the purchase, rent, and installation of necessary equipment for radio, television, and digital transmission
and reception, including to Cuba, as authorized; and physical security worldwide, in addition to amounts otherwise available for such

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1699

purposes, $9,700,000, to remain available until expended, as authorized.
RELATED PROGRAMS
THE ASIA FOUNDATION
For a grant to The Asia Foundation, as authorized by The
Asia Foundation Act (22 U.S.C. 4402), $20,000,000, to remain available until expended: Provided, That funds appropriated under this
heading shall be apportioned and obligated to the Foundation not
later than 60 days after enactment of this Act.
UNITED STATES INSTITUTE

OF

Apportionment.
Deadline.

PEACE

For necessary expenses of the United States Institute of Peace,
as authorized by the United States Institute of Peace Act (22
U.S.C. 4601 et seq.), $45,000,000, to remain available until September 30, 2022, which shall not be used for construction activities.
CENTER

FOR

MIDDLE EASTERN-WESTERN DIALOGUE TRUST FUND

For necessary expenses of the Center for Middle EasternWestern Dialogue Trust Fund, as authorized by section 633 of
the Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 2004 (22 U.S.C. 2078),
the total amount of the interest and earnings accruing to such
Fund on or before September 30, 2021, to remain available until
expended.
EISENHOWER EXCHANGE FELLOWSHIP PROGRAM
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the Eisenhower
Exchange Fellowship Act of 1990 (20 U.S.C. 5204–5205), all interest
and earnings accruing to the Eisenhower Exchange Fellowship Program Trust Fund on or before September 30, 2021, to remain
available until expended: Provided, That none of the funds appropriated herein shall be used to pay any salary or other compensation, or to enter into any contract providing for the payment thereof,
in excess of the rate authorized by section 5376 of title 5, United
States Code; or for purposes which are not in accordance with
section 200 of title 2 of the Code of Federal Regulations, including
the restrictions on compensation for personal services.
ISRAELI ARAB SCHOLARSHIP PROGRAM
For necessary expenses of the Israeli Arab Scholarship Program, as authorized by section 214 of the Foreign Relations
Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452
note), all interest and earnings accruing to the Israeli Arab Scholarship Fund on or before September 30, 2021, to remain available
until expended.

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EAST-WEST CENTER
To enable the Secretary of State to provide for carrying out
the provisions of the Center for Cultural and Technical Interchange
Between East and West Act of 1960, by grant to the Center for

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134 STAT. 1700
Apportionment.
Deadline.

PUBLIC LAW 116–260—DEC. 27, 2020

Cultural and Technical Interchange Between East and West in
the State of Hawaii, $19,700,000: Provided, That funds appropriated
under this heading shall be apportioned and obligated to the Center
not later than 60 days after enactment of this Act.
NATIONAL ENDOWMENT

Apportionment.
Deadline.

FOR

DEMOCRACY

For grants made by the Department of State to the National
Endowment for Democracy, as authorized by the National Endowment for Democracy Act (22 U.S.C. 4412), $300,000,000, to remain
available until expended, of which $195,840,000 shall be allocated
in the traditional and customary manner, including for the core
institutes, and $104,160,000 shall be for democracy programs: Provided, That the requirements of section 7061(a) of this Act shall
not apply to funds made available under this heading: Provided
further, That funds appropriated under this heading shall be apportioned and obligated to the Endowment not later than 60 days
after enactment of this Act.
OTHER COMMISSIONS
COMMISSION

FOR THE

PRESERVATION
ABROAD

OF

AMERICA’S HERITAGE

SALARIES AND EXPENSES

Termination
date.
Notification.

For necessary expenses for the Commission for the Preservation
of America’s Heritage Abroad, $642,000, as authorized by chapter
3123 of title 54, United States Code: Provided, That the Commission
may procure temporary, intermittent, and other services notwithstanding paragraph (3) of section 312304(b) of such chapter: Provided further, That such authority shall terminate on October 1,
2021: Provided further, That the Commission shall notify the
Committees on Appropriations prior to exercising such authority.
UNITED STATES COMMISSION ON INTERNATIONAL RELIGIOUS
FREEDOM
SALARIES AND EXPENSES

For necessary expenses for the United States Commission on
International Religious Freedom, as authorized by title II of the
International Religious Freedom Act of 1998 (22 U.S.C. 6431 et
seq.), $4,500,000, to remain available until September 30, 2022,
including not more than $4,000 for representation expenses.
COMMISSION

ON

SECURITY

AND

COOPERATION

IN

EUROPE

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SALARIES AND EXPENSES

For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94–304 (22
U.S.C. 3001 et seq.), $2,908,000, including not more than $4,000
for representation expenses, to remain available until September
30, 2022.

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PUBLIC LAW 116–260—DEC. 27, 2020
CONGRESSIONAL-EXECUTIVE COMMISSION
REPUBLIC OF CHINA

ON THE

134 STAT. 1701

PEOPLE’S

SALARIES AND EXPENSES

For necessary expenses of the Congressional-Executive Commission on the People’s Republic of China, as authorized by title III
of the U.S.-China Relations Act of 2000 (22 U.S.C. 6911 et seq.),
$2,250,000, including not more than $3,000 for representation
expenses, to remain available until September 30, 2022.
UNITED STATES-CHINA ECONOMIC AND SECURITY REVIEW
COMMISSION
SALARIES AND EXPENSES

For necessary expenses of the United States-China Economic
and Security Review Commission, as authorized by section 1238
of the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 (22 U.S.C. 7002), $4,000,000, including not more
than $4,000 for representation expenses, to remain available until
September 30, 2022: Provided, That the authorities, requirements,
limitations, and conditions contained in the second through sixth
provisos under this heading in the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2010 (division F of Public Law 111–117) shall continue in effect during
fiscal year 2021 and shall apply to funds appropriated under this
heading.

Extension.
Applicability.

TITLE II
UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT
FUNDS APPROPRIATED

TO THE

PRESIDENT

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OPERATING EXPENSES

For necessary expenses to carry out the provisions of section
667 of the Foreign Assistance Act of 1961, $1,377,747,000, of which
up to $206,662,000 may remain available until September 30, 2022:
Provided, That none of the funds appropriated under this heading
and under the heading ‘‘Capital Investment Fund’’ in this title
may be made available to finance the construction (including
architect and engineering services), purchase, or long-term lease
of offices for use by the United States Agency for International
Development, unless the USAID Administrator has identified such
proposed use of funds in a report submitted to the Committees
on Appropriations at least 15 days prior to the obligation of funds
for such purposes: Provided further, That contracts or agreements
entered into with funds appropriated under this heading may entail
commitments for the expenditure of such funds through the following fiscal year: Provided further, That the authority of sections
610 and 109 of the Foreign Assistance Act of 1961 may be exercised
by the Secretary of State to transfer funds appropriated to carry
out chapter 1 of part I of such Act to ‘‘Operating Expenses’’ in
accordance with the provisions of those sections: Provided further,
That of the funds appropriated or made available under this

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Contracts.
Reports.

Contracts.

Transfer
authority.

PUBL260A

134 STAT. 1702

PUBLIC LAW 116–260—DEC. 27, 2020

heading, not to exceed $250,000 may be available for representation
and entertainment expenses, of which not to exceed $5,000 may
be available for entertainment expenses, and not to exceed $100,500
shall be for official residence expenses, for USAID during the current fiscal year: Provided further, That the USAID Administrator
shall submit a report to the Committees on Appropriations not
later than 60 days after enactment of this Act on changes to
the account structure as described in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).

Reports.

CAPITAL INVESTMENT FUND

For necessary expenses for overseas construction and related
costs, and for the procurement and enhancement of information
technology and related capital investments, pursuant to section
667 of the Foreign Assistance Act of 1961, $258,200,000, to remain
available until expended: Provided, That this amount is in addition
to funds otherwise available for such purposes: Provided further,
That funds appropriated under this heading shall be available
subject to the regular notification procedures of the Committees
on Appropriations.

Notification.

OFFICE OF INSPECTOR GENERAL

For necessary expenses to carry out the provisions of section
667 of the Foreign Assistance Act of 1961, $75,500,000, of which
up to $11,325,000 may remain available until September 30, 2022,
for the Office of Inspector General of the United States Agency
for International Development.
TITLE III
BILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED

TO THE

PRESIDENT

For necessary expenses to enable the President to carry out
the provisions of the Foreign Assistance Act of 1961, and for other
purposes, as follows:
GLOBAL HEALTH PROGRAMS

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Apportionment.
Deadline.

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For necessary expenses to carry out the provisions of chapters
1 and 10 of part I of the Foreign Assistance Act of 1961, for
global health activities, in addition to funds otherwise available
for such purposes, $3,265,950,000, to remain available until September 30, 2022, and which shall be apportioned directly to the
United States Agency for International Development not later than
60 days after enactment of this Act: Provided, That this amount
shall be made available for training, equipment, and technical
assistance to build the capacity of public health institutions and
organizations in developing countries, and for such activities as:
(1) child survival and maternal health programs; (2) immunization
and oral rehydration programs; (3) other health, nutrition, water
and sanitation programs which directly address the needs of mothers and children, and related education programs; (4) assistance
for children displaced or orphaned by causes other than AIDS;

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1703

(5) programs for the prevention, treatment, control of, and research
on HIV/AIDS, tuberculosis, polio, malaria, and other infectious diseases including neglected tropical diseases, and for assistance to
communities severely affected by HIV/AIDS, including children
infected or affected by AIDS; (6) disaster preparedness training
for health crises; (7) programs to prevent, prepare for, and respond
to, unanticipated and emerging global health threats, including
zoonotic diseases; and (8) family planning/reproductive health: Provided further, That funds appropriated under this paragraph may
be made available for a United States contribution to The GAVI
Alliance: Provided further, That 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 of the United States, supports
or participates in the management of a program of coercive abortion
or involuntary sterilization: Provided further, That any determination made under the previous proviso 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: Provided further, That 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: (1) 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); (2) the project
shall not include payment of incentives, bribes, gratuities, or financial reward to: (A) an individual in exchange for becoming a family
planning acceptor; or (B) 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; (3) 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;
(4) 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 (5) 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, not less than 60 days after the date on which the

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Determination.
Abortion.
Sterilization.

Deadline.

Abortion.

Lobbying.
Abortion.
Family planning.
Requirements.

Determination.
Reports.

PUBL260A

134 STAT. 1704

Grants.
Discrimination.
Compliance.

Apportionment.
Deadline.

Notification.

PUBLIC LAW 116–260—DEC. 27, 2020

USAID Administrator determines that there has been a violation
of the requirements contained in paragraph (1), (2), (3), or (5)
of this proviso, or a pattern or practice of violations of the requirements contained in paragraph (4) of this proviso, 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: Provided further, That 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 the previous proviso: Provided further, That 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: Provided further, That 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.
In addition, for necessary expenses to carry out the provisions
of the Foreign Assistance Act of 1961 for the prevention, treatment,
and control of, and research on, HIV/AIDS, $5,930,000,000, to
remain available until September 30, 2025, which shall be apportioned directly to the Department of State not later than 60 days
after enactment of this Act: Provided, That funds appropriated
under this paragraph may be made available, notwithstanding any
other provision of law, except for the United States Leadership
Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (Public
Law 108–25), for a United States contribution to the Global Fund
to Fight AIDS, Tuberculosis and Malaria (Global Fund): Provided
further, That the amount of such contribution shall be
$1,560,000,000 and shall be for the second installment of the sixth
replenishment: Provided further, That up to 5 percent of the aggregate amount of funds made available to the Global Fund in fiscal
year 2021 may be made available to USAID for technical assistance
related to the activities of the Global Fund, subject to the regular
notification procedures of the Committees on Appropriations: Provided further, That of the funds appropriated under this paragraph,
up to $17,000,000 may be made available, in addition to amounts
otherwise available for such purposes, for administrative expenses
of the Office of the United States Global AIDS Coordinator.
DEVELOPMENT ASSISTANCE

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Apportionment.
Deadline.

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For necessary expenses to carry out the provisions of sections
103, 105, 106, 214, and sections 251 through 255, and chapter
10 of part I of the Foreign Assistance Act of 1961, $3,500,000,000,
to remain available until September 30, 2022: Provided, That funds
made available under this heading shall be apportioned directly
to the United States Agency for International Development not
later than 60 days after enactment of this Act.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1705

INTERNATIONAL DISASTER ASSISTANCE

For necessary expenses to carry out the provisions of section
491 of the Foreign Assistance Act of 1961 for international disaster
relief, rehabilitation, and reconstruction assistance, $4,395,362,000,
to remain available until expended, of which $1,914,041,000 is
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:
Provided, That funds made available under this heading shall be
apportioned to the United States Agency for International Development not later than 60 days after enactment of this Act.

Apportionment.
Deadline.

TRANSITION INITIATIVES

For necessary expenses for international disaster rehabilitation
and reconstruction assistance administered by the Office of Transition Initiatives, United States Agency for International Development, pursuant to section 491 of the Foreign Assistance Act of
1961, and to support transition to democracy and long-term development of countries in crisis, $92,043,000, to remain available until
expended: Provided, That such support may include assistance to
develop, strengthen, or preserve democratic institutions and processes, revitalize basic infrastructure, and foster the peaceful resolution of conflict: Provided further, That the USAID Administrator
shall submit a report to the Committees on Appropriations at
least 5 days prior to beginning a new, or terminating a, program
of assistance: Provided further, That if the Secretary of State determines that it is important to the national interest of the United
States to provide transition assistance in excess of the amount
appropriated under this heading, up to $15,000,000 of the funds
appropriated by this Act to carry out the provisions of part I
of the Foreign Assistance Act of 1961 may be used for purposes
of this heading and under the authorities applicable to funds appropriated under this heading: Provided further, That funds made
available pursuant to the previous proviso shall be made available
subject to prior consultation with the Committees on Appropriations.

Reports.

Determination.

Consultation.

COMPLEX CRISES FUND

For necessary expenses to carry out the provisions of section
509(b) of the Global Fragility Act of 2019 (title V of division J
of Public Law 116–94), $30,000,000, to remain available until
expended: Provided, That funds appropriated under this heading
may be made available notwithstanding any other provision of
law, except sections 7007, 7008, and 7018 of this Act and section
620M of the Foreign Assistance Act of 1961: Provided further,
That funds appropriated under this heading shall be apportioned
to the United States Agency for International Development not
later than 60 days after enactment of this Act.

Apportionment.
Deadline.

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ECONOMIC SUPPORT FUND

For necessary expenses to carry out the provisions of chapter
4 of part II of the Foreign Assistance Act of 1961, $3,151,963,000,
to remain available until September 30, 2022.

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134 STAT. 1706

PUBLIC LAW 116–260—DEC. 27, 2020
DEMOCRACY FUND

Apportionment.
Deadline.

Consultation.

Apportionment.
Deadline.

For necessary expenses to carry out the provisions of the Foreign Assistance Act of 1961 for the promotion of democracy globally,
including to carry out the purposes of section 502(b)(3) and (5)
of Public Law 98–164 (22 U.S.C. 4411), $190,450,000, to remain
available until September 30, 2022, which shall be made available
for the Human Rights and Democracy Fund of the Bureau of
Democracy, Human Rights, and Labor, Department of State, and
shall be apportioned to such Bureau not later than 60 days after
enactment of this Act: Provided, That funds appropriated under
this heading that are made available to the National Endowment
for Democracy and its core institutes are in addition to amounts
otherwise available by this Act for such purposes: Provided further,
That the Assistant Secretary for Democracy, Human Rights, and
Labor, Department of State, shall consult with the Committees
on Appropriations prior to the initial obligation of funds appropriated under this paragraph.
For an additional amount for such purposes, $100,250,000,
to remain available until September 30, 2022, which shall be made
available for the Bureau for Development, Democracy, and Innovation, United States Agency for International Development, and shall
be apportioned to such Bureau not later than 60 days after enactment of this Act.
ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA

Notification.

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Notification.

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For necessary expenses to carry out the provisions of the Foreign Assistance Act of 1961, the FREEDOM Support Act (Public
Law 102–511), and the Support for Eastern European Democracy
(SEED) Act of 1989 (Public Law 101–179), $770,334,000, to remain
available until September 30, 2022, which shall be available, notwithstanding any other provision of law, except section 7047 of
this Act, for assistance and related programs for countries identified
in section 3 of the FREEDOM Support Act (22 U.S.C. 5801) and
section 3(c) of the SEED Act of 1989 (22 U.S.C. 5402), in addition
to funds otherwise available for such purposes: Provided, That
funds appropriated by this Act under the headings ‘‘Global Health
Programs’’, ‘‘Economic Support Fund’’, and ‘‘International Narcotics
Control and Law Enforcement’’ that are made available for assistance for such countries shall be administered in accordance with
the responsibilities of the coordinator designated pursuant to section
102 of the FREEDOM Support Act and section 601 of the SEED
Act of 1989: Provided further, That funds appropriated under this
heading shall be considered to be economic assistance under the
Foreign Assistance Act of 1961 for purposes of making available
the administrative authorities contained in that Act for the use
of economic assistance: Provided further, That funds appropriated
under this heading may be made available for contributions to
multilateral initiatives to counter hybrid threats: Provided further,
That any notification of funds made available under this heading
in this Act or prior Acts making appropriations for the Department
of State, foreign operations, and related programs shall include
information (if known on the date of transmittal of such notification)
on the use of notwithstanding authority: Provided further, That
if subsequent to the notification of assistance it becomes necessary
to rely on notwithstanding authority, the Committees on Appropriations should be informed at the earliest opportunity and to the

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1707

extent practicable: Provided further, That of the funds appropriated
under this heading, not less than $2,000,000, to remain available
until expended, shall be transferred to, and merged with, funds
appropriated by this Act under the heading ‘‘Economic Support
Fund’’ for joint dialogues in support of the Eastern Mediterranean
Partnership in the manner specified under this heading in House
Report 116–444: Provided further, That such funds shall be administered by, and under the policy direction of, the coordinator designated pursuant to section 102 of the FREEDOM Support Act
and section 601 of the SEED Act of 1989.
DEPARTMENT

OF

Transfer
authority.

STATE

MIGRATION AND REFUGEE ASSISTANCE

For necessary expenses not otherwise provided for, to enable
the Secretary of State to carry out the provisions of section 2(a)
and (b) of the Migration and Refugee Assistance Act of 1962 (22
U.S.C. 2601), and other activities to meet refugee and migration
needs; salaries and expenses of personnel and dependents as authorized by the Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.);
allowances as authorized by sections 5921 through 5925 of title
5, United States Code; purchase and hire of passenger motor
vehicles; and services as authorized by section 3109 of title 5,
United States Code, $3,432,000,000, to remain available until
expended, of which: $1,701,417,000 is 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; not less than $35,000,000
shall be made available to respond to small-scale emergency
humanitarian requirements; and $5,000,000 shall be made available
for refugees resettling in Israel.
UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE
FUND

For necessary expenses to carry out the provisions of section
2(c) of the Migration and Refugee Assistance Act of 1962 (22 U.S.C.
2601(c)), $100,000, to remain available until expended: Provided,
That amounts in excess of the limitation contained in paragraph
(2) of such section shall be transferred to, and merged with, funds
made available by this Act under the heading ‘‘Migration and Refugee Assistance’’.

Transfer
authority.

INDEPENDENT AGENCIES
PEACE CORPS

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(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out the provisions of the Peace
Corps Act (22 U.S.C. 2501 et seq.), including the purchase of not
to exceed five passenger motor vehicles for administrative purposes
for use outside of the United States, $410,500,000, of which
$6,330,000 is for the Office of Inspector General, to remain available
until September 30, 2022: Provided, That the Director of the Peace
Corps may transfer to the Foreign Currency Fluctuations Account,
as authorized by section 16 of the Peace Corps Act (22 U.S.C.

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134 STAT. 1708

Consultation.

Abortion.
Applicability.

PUBLIC LAW 116–260—DEC. 27, 2020

2515), an amount not to exceed $5,000,000: Provided further, That
funds transferred pursuant to the previous proviso may not be
derived from amounts made available for Peace Corps overseas
operations: Provided further, That of the funds appropriated under
this heading, not to exceed $104,000 may be available for representation expenses, of which not to exceed $4,000 may be made available for entertainment expenses: Provided further, That in addition
to the requirements under section 7015(a) of this Act, the Peace
Corps shall consult with the Committees on Appropriations prior
to any decision to open, close, or suspend a domestic or overseas
office or a country program unless there is a substantial risk to
volunteers or other Peace Corps personnel: Provided further, That
none of the funds appropriated under this heading shall be used
to pay for abortions: Provided further, That notwithstanding the
previous proviso, section 614 of division E of Public Law 113–
76 shall apply to funds appropriated under this heading.
MILLENNIUM CHALLENGE CORPORATION

Applicability.

For necessary expenses to carry out the provisions of the Millennium Challenge Act of 2003 (22 U.S.C. 7701 et seq.) (MCA),
$912,000,000, to remain available until expended: Provided, That
of the funds appropriated under this heading, up to $112,000,000
may be available for administrative expenses of the Millennium
Challenge Corporation: Provided further, That section 605(e) of
the MCA (22 U.S.C. 7704(e)) shall apply to funds appropriated
under this heading: Provided further, That funds appropriated
under this heading may be made available for a Millennium Challenge Compact entered into pursuant to section 609 of the MCA
(22 U.S.C. 7708) only if such Compact obligates, or contains a
commitment to obligate subject to the availability of funds and
the mutual agreement of the parties to the Compact to proceed,
the entire amount of the United States Government funding anticipated for the duration of the Compact: Provided further, That
no country should be eligible for a threshold program after such
country has completed a country compact: Provided further, That
of the funds appropriated under this heading, not to exceed $100,000
may be available for representation and entertainment expenses,
of which not to exceed $5,000 may be available for entertainment
expenses.
INTER-AMERICAN FOUNDATION

For necessary expenses to carry out the functions of the InterAmerican Foundation in accordance with the provisions of section
401 of the Foreign Assistance Act of 1969, $38,000,000, to remain
available until September 30, 2022: Provided, That of the funds
appropriated under this heading, not to exceed $2,000 may be
available for representation expenses.

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UNITED STATES AFRICAN DEVELOPMENT FOUNDATION

For necessary expenses to carry out the African Development
Foundation Act (title V of Public Law 96–533; 22 U.S.C. 290h
et seq.), $33,000,000, to remain available until September 30, 2022,
of which not to exceed $2,000 may be available for representation
expenses: Provided, That funds made available to grantees may

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1709

be invested pending expenditure for project purposes when authorized by the Board of Directors of the United States African Development Foundation (USADF): Provided further, That interest earned
shall be used only for the purposes for which the grant was made:
Provided further, That notwithstanding section 505(a)(2) of the
African Development Foundation Act (22 U.S.C. 290h–3(a)(2)), in
exceptional circumstances the Board of Directors of the USADF
may waive the $250,000 limitation contained in that section with
respect to a project and a project may exceed the limitation by
up to 10 percent if the increase is due solely to foreign currency
fluctuation: Provided further, That the USADF shall submit a report
to the appropriate congressional committees after each time such
waiver authority is exercised: Provided further, That the USADF
may make rent or lease payments in advance from appropriations
available for such purpose for offices, buildings, grounds, and quarters in Africa as may be necessary to carry out its functions:
Provided further, That the USADF may maintain bank accounts
outside the United States Treasury and retain any interest earned
on such accounts, in furtherance of the purposes of the African
Development Foundation Act: Provided further, That the USADF
may not withdraw any appropriation from the Treasury prior to
the need of spending such funds for program purposes.
DEPARTMENT

OF THE

Waiver authority.

Reports.

TREASURY

INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

For necessary expenses to carry out the provisions of section
129 of the Foreign Assistance Act of 1961, $33,000,000, to remain
available until expended, of which not more than $6,600,000 may
be used for administrative expenses: Provided, That amounts made
available under this heading may be made available to contract
for services as described in section 129(d)(3)(A) of the Foreign
Assistance Act of 1961, without regard to the location in which
such services are performed.

Contracts.

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DEBT RESTRUCTURING

For the costs, as defined in section 502 of the Congressional
Budget Act of 1974, of modifying loans and loan guarantees, as
the President may determine, for which funds have been appropriated or otherwise made available for programs within the International Affairs Budget Function 150, including the cost of selling,
reducing, or canceling amounts owed to the United States as a
result of concessional loans made to eligible countries, pursuant
to part V of the Foreign Assistance Act of 1961, $15,000,000, to
remain available until September 30, 2023.
In addition, for the costs, as defined in section 502 of the
Congressional Budget Act of 1974, of modifying loans and loan
guarantees for Somalia or credits extended to Somalia, as the
President may determine, including the cost of selling, reducing,
or cancelling amounts owed to the United States, in the event
that Somalia has met the domestic and internationally-agreed conditions and such modification is consistent with United States law
and foreign policy considerations, $78,000,000, to remain available
until expended, which may be used notwithstanding any other
provision of law: Provided, That funds made available by this paragraph shall be subject to prior consultation with the appropriate

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President.
Determination.

President.
Determination.

Consultation.
Notification.

PUBL260A

134 STAT. 1710

PUBLIC LAW 116–260—DEC. 27, 2020

congressional committees and subject to the regular notification
procedures of the Committees on Appropriations.
In addition, for the costs, as defined in section 502 of the
Congressional Budget Act of 1974, of modifying loans and loan
guarantees for or credits extended to Sudan, $111,000,000, to
remain available until expended, which may be used notwithstanding any other provision of law, in the event Sudan meets
the domestic and internationally agreed conditions and the modifications are consistent with United States law and foreign policy
considerations.
TITLE IV
INTERNATIONAL SECURITY ASSISTANCE
DEPARTMENT

OF

STATE

INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

Notifications.

For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961, $1,385,573,000, to remain available until
September 30, 2022: Provided, That the Department of State may
use the authority of section 608 of the Foreign Assistance Act
of 1961, without regard to its restrictions, to receive excess property
from an agency of the United States Government for the purpose
of providing such property to a foreign country or international
organization under chapter 8 of part I of such Act, subject to
the regular notification procedures of the Committees on Appropriations: Provided further, That section 482(b) of the Foreign Assistance Act of 1961 shall not apply to funds appropriated under
this heading, except that any funds made available notwithstanding
such section shall be subject to the regular notification procedures
of the Committees on Appropriations: Provided further, That funds
appropriated under this heading shall be made available to support
training and technical assistance for foreign law enforcement,
corrections, judges, and other judicial authorities, utilizing regional
partners: Provided further, That funds made available under this
heading that are transferred to another 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 $5,000,000, and any agreement made pursuant to section 632(a)
of such Act, shall be subject to the regular notification procedures
of the Committees on Appropriations: Provided further, That funds
made available under this heading for Program Development and
Support may be made available notwithstanding pre-obligation
requirements contained in this Act, except for the notification
requirements of section 7015.

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NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED
PROGRAMS

For necessary expenses for nonproliferation, anti-terrorism,
demining and related programs and activities, $889,247,000, to
remain available until September 30, 2022, to carry out the provisions of chapter 8 of part II of the Foreign Assistance Act of
1961 for anti-terrorism assistance, chapter 9 of part II of the Foreign
Assistance Act of 1961, section 504 of the FREEDOM Support
Act (22 U.S.C. 5854), section 23 of the Arms Export Control Act

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1711

(22 U.S.C. 2763), or the Foreign Assistance Act of 1961 for demining
activities, the clearance of unexploded ordnance, the destruction
of small arms, and related activities, notwithstanding any other
provision of law, including activities implemented through nongovernmental and international organizations, and section 301 of
the Foreign Assistance Act of 1961 for a United States contribution
to the Comprehensive Nuclear Test Ban Treaty Preparatory
Commission, and for a voluntary contribution to the International
Atomic Energy Agency (IAEA): Provided, That funds made available
under this heading for the Nonproliferation and Disarmament Fund
shall be made available, notwithstanding any other provision of
law and subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations, to promote
bilateral and multilateral activities relating to nonproliferation,
disarmament, and weapons destruction, and shall remain available
until expended: Provided further, That such funds may also be
used for such countries other than the Independent States of the
former Soviet Union and international organizations when it is
in the national security interest of the United States to do so:
Provided further, That funds appropriated under this heading may
be made available for the IAEA unless the Secretary of State
determines that Israel is being denied its right to participate in
the activities of that Agency: Provided further, That funds made
available for conventional weapons destruction programs, including
demining and related activities, in addition to funds otherwise
available for such purposes, may be used for administrative
expenses related to the operation and management of such programs and activities, subject to the regular notification procedures
of the Committees on Appropriations.

Consultation.
Notification.

Determination.
Israel.
Notification.

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PEACEKEEPING OPERATIONS

For necessary expenses to carry out the provisions of section
551 of the Foreign Assistance Act of 1961, $440,759,000, of which
$325,213,000, to remain available until September 30, 2022, is
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:
Provided, That funds appropriated under this heading may be used,
notwithstanding section 660 of the Foreign Assistance Act of 1961,
to provide assistance to enhance the capacity of foreign civilian
security forces, including gendarmes, to participate in peacekeeping
operations: Provided further, That of the funds appropriated under
this heading, not less than $25,000,000 shall be made available
for a United States contribution to the Multinational Force and
Observers mission in the Sinai and not less than $71,000,000 shall
be made available for the Global Peace Operations Initiative: Provided further, That funds appropriated under this heading may
be made available to pay assessed expenses of international peacekeeping activities in Somalia under the same terms and conditions,
as applicable, as funds appropriated by this Act under the heading
‘‘Contributions for International Peacekeeping Activities’’: Provided
further, That none of the funds appropriated under this heading
shall be obligated except as provided through the regular notification procedures of the Committees on Appropriations.

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Somalia.

Notification.

PUBL260A

134 STAT. 1712

PUBLIC LAW 116–260—DEC. 27, 2020
FUNDS APPROPRIATED

TO THE

PRESIDENT

INTERNATIONAL MILITARY EDUCATION AND TRAINING

For necessary expenses to carry out the provisions of section
541 of the Foreign Assistance Act of 1961, $112,925,000, of which
up to $56,463,000 may remain available until September 30, 2022:
Provided, That the civilian personnel for whom military education
and training may be provided under this heading may include
civilians who are not members of a government whose participation
would contribute to improved civil-military relations, civilian control
of the military, or respect for human rights: Provided further,
That of the funds appropriated under this heading, up to $3,000,000
may remain available until expended to increase the participation
of women in programs and activities funded under this heading,
following consultation with, and the regular notification procedures
of, the Committees on Appropriations: Provided further, That of
the funds appropriated under this heading, not to exceed $50,000
may be available for entertainment expenses.

Consultation.
Notification.

FOREIGN MILITARY FINANCING PROGRAM

Consultation.
Notification.
Contracts.

Disbursement.
Deadline.

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Contracts.

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For necessary expenses for grants to enable the President to
carry out the provisions of section 23 of the Arms Export Control
Act (22 U.S.C. 2763), $6,175,524,000, of which $576,909,000, to
remain available until September 30, 2022, is 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: Provided, That to
expedite the provision of assistance to foreign countries and international organizations, the Secretary of State, following consultation
with the Committees on Appropriations and subject to the regular
notification procedures of such Committees, may use the funds
appropriated under this heading to procure defense articles and
services to enhance the capacity of foreign security forces: Provided
further, That of the funds appropriated under this heading, not
less than $3,300,000,000 shall be available for grants only for
Israel which shall be disbursed within 30 days of enactment of
this Act: Provided further, That to the extent that the Government
of Israel requests that funds be used for such purposes, grants
made available for Israel under this heading shall, as agreed by
the United States and Israel, be available for advanced weapons
systems, of which not less than $795,300,000 shall be available
for the procurement in Israel of defense articles and defense services, including research and development: Provided further, That
funds appropriated or otherwise made available under this heading
shall be nonrepayable notwithstanding any requirement in section
23 of the Arms Export Control Act: Provided further, That funds
made available under this heading shall be obligated upon apportionment in accordance with paragraph (5)(C) of section 1501(a)
of title 31, United States Code.
None of the funds made available under this heading shall
be available to finance the procurement of defense articles, defense
services, or design and construction services that are not sold by
the United States Government under the Arms Export Control
Act unless the foreign country proposing to make such procurement
has first signed an agreement with the United States Government
specifying the conditions under which such procurement may be

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1713

financed with such funds: Provided, That all country and funding
level increases in allocations shall be submitted through the regular
notification procedures of section 7015 of this Act: Provided further,
That funds made available under this heading may be used, notwithstanding any other provision of law, for demining, the clearance
of unexploded ordnance, and related activities, and may include
activities implemented through nongovernmental and international
organizations: Provided further, That only those countries for which
assistance was justified for the ‘‘Foreign Military Sales Financing
Program’’ in the fiscal year 1989 congressional presentation for
security assistance programs may utilize funds made available
under this heading for procurement of defense articles, defense
services, or design and construction services that are not sold by
the United States Government under the Arms Export Control
Act: Provided further, That funds appropriated under this heading
shall be expended at the minimum rate necessary to make timely
payment for defense articles and services: Provided further, That
not more than $70,000,000 of the funds appropriated under this
heading may be obligated for necessary expenses, including the
purchase of passenger motor vehicles for replacement only for use
outside of the United States, for the general costs of administering
military assistance and sales, except that this limitation may be
exceeded only through the regular notification procedures of the
Committees on Appropriations: Provided further, That of the funds
made available under this heading for general costs of administering
military assistance and sales, not to exceed $4,000 may be available
for entertainment expenses and not to exceed $130,000 may be
available for representation expenses: Provided further, That not
more than $1,137,000,000 of funds realized pursuant to section
21(e)(1)(A) of the Arms Export Control Act (22 U.S.C. 2761(e)(1)(A))
may be obligated for expenses incurred by the Department of
Defense during fiscal year 2021 pursuant to section 43(b) of the
Arms Export Control Act (22 U.S.C. 2792(b)), except that this
limitation may be exceeded only through the regular notification
procedures of the Committees on Appropriations.

Notification.

Notification.

Notification.

TITLE V
MULTILATERAL ASSISTANCE
FUNDS APPROPRIATED

TO THE

PRESIDENT

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INTERNATIONAL ORGANIZATIONS AND PROGRAMS

For necessary expenses to carry out the provisions of section
301 of the Foreign Assistance Act of 1961, $387,500,000: Provided,
That section 307(a) of the Foreign Assistance Act of 1961 shall
not apply to contributions to the United Nations Democracy Fund:
Provided further, That not later than 60 days after enactment
of this Act, such funds shall be made available for core contributions
for each entity listed in the table under this heading in the explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act) unless otherwise provided for
in this Act, or if the Secretary of State has justified to the Committees on Appropriations the proposed uses of funds other than for
core contributions following prior consultation with, and subject
to the regular notification procedures of, such Committees.

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Deadline.
Consultation.
Notification.

PUBL260A

134 STAT. 1714

PUBLIC LAW 116–260—DEC. 27, 2020
INTERNATIONAL FINANCIAL INSTITUTIONS
GLOBAL ENVIRONMENT FACILITY

Disbursements.
Deadline.

Deadline.

Reports.
Time period.
Timeline.

For payment to the International Bank for Reconstruction and
Development as trustee for the Global Environment Facility by
the Secretary of the Treasury, $139,575,000, to remain available
until, and to be fully disbursed not later than, September 30,
2022: Provided, That of such amount, $136,563,000, which shall
remain available until September 30, 2021, is only available for
the third installment of the seventh replenishment of the Global
Environment Facility, and shall be obligated and disbursed not
later than 90 days after enactment of this Act: Provided further,
That the Secretary shall report to the Committees on Appropriations
on the status of funds provided under this heading not less than
quarterly until fully disbursed: Provided further, That in such report
the Secretary shall provide a timeline for the obligation and
disbursement of any funds that have not yet been obligated or
disbursed.
CONTRIBUTION TO THE INTERNATIONAL BANK FOR RECONSTRUCTION
AND DEVELOPMENT

For payment to the International Bank for Reconstruction and
Development by the Secretary of the Treasury for the United States
share of the paid-in portion of the increases in capital stock,
$206,500,000, to remain available until expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

The United States Governor of the International Bank for
Reconstruction and Development may subscribe without fiscal year
limitation to the callable capital portion of the United States share
of increases in capital stock in an amount not to exceed
$1,421,275,728.70.
CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION

For payment to the International Development Association by
the Secretary of the Treasury, $1,001,400,000, to remain available
until expended.
CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND

For payment to the Asian Development Bank’s Asian Development Fund by the Secretary of the Treasury, $47,395,000, to remain
available until expended.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK

For payment to the African Development Bank by the Secretary
of the Treasury for the United States share of the paid-in portion
of the increases in capital stock, $54,648,752, to remain available
until expended.

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LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

The United States Governor of the African Development Bank
may subscribe without fiscal year limitation to the callable capital

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1715

portion of the United States share of increases in capital stock
in an amount not to exceed $856,174,624.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND

For payment to the African Development Fund by the Secretary
of the Treasury, $171,300,000, to remain available until expended.
CONTRIBUTION TO THE NORTH AMERICAN DEVELOPMENT BANK
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

The Secretary of the Treasury may subscribe without fiscal
year limitation to the callable capital portion of the United States
share of capital stock in an amount not to exceed $1,020,000,000:
Provided, That such authority is in addition to any other authority
otherwise available in this Act and under any other provision of
law.
CONTRIBUTION TO THE INTERNATIONAL FUND FOR AGRICULTURAL
DEVELOPMENT

For payment to the International Fund for Agricultural
Development by the Secretary of the Treasury, $32,500,000, to
remain available until, and to be fully disbursed not later than,
September 30, 2022, for the third installment of the eleventh
replenishment of the International Fund for Agricultural Development: Provided, That the Secretary of the Treasury shall report
to the Committees on Appropriations on the status of such payment
not less than quarterly until fully disbursed: Provided further,
That in such report the Secretary shall provide a timeline for
the obligation and disbursement of any funds that have not yet
been obligated or disbursed.

Disbursements.
Deadline.

Reports.
Time period.
Timeline.

TITLE VI
EXPORT AND INVESTMENT ASSISTANCE
EXPORT-IMPORT BANK

OF THE

UNITED STATES

INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978
(5 U.S.C. App.), $6,500,000, of which up to $975,000 may remain
available until September 30, 2022.

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PROGRAM ACCOUNT

The Export-Import Bank of the United States is authorized
to make such expenditures within the limits of funds and borrowing
authority available to such corporation, and in accordance with
law, and to make such contracts and commitments without regard
to fiscal year limitations, as provided by section 9104 of title 31,
United States Code, as may be necessary in carrying out the program for the current fiscal year for such corporation: Provided,
That none of the funds available during the current fiscal year
may be used to make expenditures, contracts, or commitments

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Contracts.

PUBL260A

134 STAT. 1716

PUBLIC LAW 116–260—DEC. 27, 2020

for the export of nuclear equipment, fuel, or technology to any
country, other than a nuclear-weapon state as defined in Article
IX of the Treaty on the Non-Proliferation of Nuclear Weapons
eligible to receive economic or military assistance under this Act,
that has detonated a nuclear explosive after the date of enactment
of this Act.
ADMINISTRATIVE EXPENSES

12 USC 635a
note.
Fees.

For administrative expenses to carry out the direct and guaranteed loan and insurance programs, including hire of passenger
motor vehicles and services as authorized by section 3109 of title
5, United States Code, and not to exceed $30,000 for official reception and representation expenses for members of the Board of
Directors, not to exceed $110,000,000, of which up to $16,500,000
may remain available until September 30, 2022: Provided, That
the Export-Import Bank (the Bank) may accept, and use, payment
or services provided by transaction participants for legal, financial,
or technical services in connection with any transaction for which
an application for a loan, guarantee or insurance commitment has
been made: Provided further, That notwithstanding subsection (b)
of section 117 of the Export Enhancement Act of 1992, subsection
(a) of such section shall remain in effect until September 30, 2021:
Provided further, That the Bank shall charge fees for necessary
expenses (including special services performed on a contract or
fee basis, but not including other personal services) in connection
with the collection of moneys owed the Bank, repossession or sale
of pledged collateral or other assets acquired by the Bank in satisfaction of moneys owed the Bank, or the investigation or appraisal
of any property, or the evaluation of the legal, financial, or technical
aspects of any transaction for which an application for a loan,
guarantee or insurance commitment has been made, or systems
infrastructure directly supporting transactions: Provided further,
That in addition to other funds appropriated for administrative
expenses, such fees shall be credited to this account for such purposes, to remain available until expended.
RECEIPTS COLLECTED

Receipts collected pursuant to the Export-Import Bank Act
of 1945 (Public Law 79–173) and the Federal Credit Reform Act
of 1990, in an amount not to exceed the amount appropriated
herein, shall be credited as offsetting collections to this account:
Provided, That the sums herein appropriated from the General
Fund shall be reduced on a dollar-for-dollar basis by such offsetting
collections so as to result in a final fiscal year appropriation from
the General Fund estimated at $0.
UNITED STATES INTERNATIONAL DEVELOPMENT FINANCE
CORPORATION

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INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978
(5 U.S.C. App.), $2,000,000, to remain available until September
30, 2022.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1717

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CORPORATE CAPITAL ACCOUNT

The United States International Development Finance Corporation (the Corporation) is authorized to make such expenditures
and commitments within the limits of funds and borrowing
authority available to the Corporation, and in accordance with
the law, and to make such expenditures and commitments without
regard to fiscal year limitations, as provided by section 9104 of
title 31, United States Code, as may be necessary in carrying
out the programs for the current fiscal year for the Corporation:
Provided, That for necessary expenses of the activities described
in subsections (b), (c), (e), (f), and (g) of section 1421 of the BUILD
Act of 2018 (division F of Public Law 115–254) and for administrative expenses to carry out authorized activities and project-specific
transaction costs described in section 1434(d) of such Act,
$569,000,000: Provided further, That of the amount provided—
(1) $119,000,000 shall remain available until September
30, 2023, for administrative expenses to carry out authorized
activities (including an amount for official reception and representation expenses which shall not exceed $25,000) and
project-specific transaction costs as described in section 1434(k)
of such Act, of which $1,000,000 shall remain available until
September 30, 2025;
(2) $450,000,000 shall remain available until September
30, 2023, for the activities described in subsections (b), (c),
(e), (f), and (g) of section 1421 of the BUILD Act of 2018,
except such amounts obligated in a fiscal year for activities
described in section 1421(c) of such Act shall remain available
for disbursement for the term of the underlying project: Provided further, That if the term of the project extends longer
than 10 fiscal years, the Chief Executive Officer of the Corporation shall inform the appropriate congressional committees
prior to the obligation or disbursement of funds, as applicable:
Provided further, That amounts made available under this paragraph may be paid to the ‘‘United States International Development Finance Corporation—Program Account’’ for programs
authorized by subsections (b), (e), (f), and (g) of section 1421
of the BUILD Act of 2018:
Provided further, That funds may only be obligated pursuant to
section 1421(g) of the BUILD Act of 2018 subject to prior consultation with the appropriate congressional committees and the regular
notification procedures of the Committees on Appropriations: Provided further, That in fiscal year 2021 collections of amounts
described in section 1434(h) of the BUILD Act of 2018 shall be
credited as offsetting collections to this appropriation: Provided
further, That such collections collected in fiscal year 2021 in excess
of $569,000,000 shall be credited to this account and shall be
available in future fiscal years only to the extent provided in
advance in appropriations Acts: Provided further, That in fiscal
year 2021, if such collections are less than $569,000,000, receipts
collected pursuant to the BUILD Act of 2018 and the Federal
Credit Reform Act of 1990, in an amount equal to such shortfall,
shall be credited as offsetting collections to this appropriation:
Provided further, That funds appropriated or otherwise made available under this heading may not be used to provide any type
of assistance that is otherwise prohibited by any other provision
of law or to provide assistance to any foreign country that is

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Time period.
Notification.

Consultation.
Notification.

Collections.

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PUBLIC LAW 116–260—DEC. 27, 2020

otherwise prohibited by any other provision of law: Provided further,
That the sums herein appropriated from the General Fund shall
be reduced on a dollar-for-dollar basis by the offsetting collections
described under this heading so as to result in a final fiscal year
appropriation from the General Fund estimated at $191,000,000.

Reduction.

PROGRAM ACCOUNT

Disbursement.
Time period.
Time period.

Amounts paid from ‘‘United States International Development
Finance Corporation—Corporate Capital Account’’ (CCA) shall
remain available until September 30, 2023: Provided, That up to
$500,000,000 of amounts paid to this account from CCA or transferred to this account pursuant to section 1434(j) of the BUILD
Act of 2018 (division F of Public Law 115–254) shall be available
for the costs of direct and guaranteed loans provided by the Corporation pursuant to section 1421(b) of such Act: Provided further,
That such costs, including the cost of modifying such loans, shall
be as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That such amounts obligated in a fiscal
year shall remain available for disbursement for the following 8
fiscal years: Provided further, That funds transferred to carry out
the Foreign Assistance Act of 1961 pursuant to section 1434(j)
of the BUILD Act of 2018 may remain available for obligation
for 1 additional fiscal year: Provided further, That the total loan
principal or guaranteed principal amount shall not exceed
$8,000,000,000.
TRADE AND DEVELOPMENT AGENCY

For necessary expenses to carry out the provisions of section
661 of the Foreign Assistance Act of 1961, $79,500,000, to remain
available until September 30, 2022, of which no more than
$19,000,000 may be used for administrative expenses: Provided,
That of the funds appropriated under this heading, not more than
$5,000 may be available for representation and entertainment
expenses.
TITLE VII
GENERAL PROVISIONS
ALLOWANCES AND DIFFERENTIALS

SEC. 7001. Funds appropriated under title I of this Act shall
be available, except as otherwise provided, for allowances and differentials as authorized by subchapter 59 of title 5, United States
Code; for services as authorized by section 3109 of such title and
for hire of passenger transportation pursuant to section 1343(b)
of title 31, United States Code.
UNOBLIGATED BALANCES REPORT

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Time period.
Records.

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SEC. 7002. Any department or agency of the United States
Government to which funds are appropriated or otherwise made
available by this Act shall provide to the Committees on Appropriations a quarterly accounting of cumulative unobligated balances
and obligated, but unexpended, balances by program, project, and
activity, and Treasury Account Fund Symbol of all funds received

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134 STAT. 1719

by such department or agency in fiscal year 2021 or any previous
fiscal year, disaggregated by fiscal year: Provided, That the report
required by this section shall be submitted not later than 30 days
after the end of each fiscal quarter and should specify by account
the amount of funds obligated pursuant to bilateral agreements
which have not been further sub-obligated.
CONSULTING SERVICES

SEC. 7003. The expenditure of any appropriation under title
I of this Act for any consulting service through procurement contract, pursuant to section 3109 of title 5, United States Code,
shall be limited to those contracts where such expenditures are
a matter of public record and available for public inspection, except
where otherwise provided under existing law, or under existing
Executive order issued pursuant to existing law.

Contracts.

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DIPLOMATIC FACILITIES

SEC. 7004. (a) CAPITAL SECURITY COST SHARING EXCEPTION.—
Notwithstanding paragraph (2) of section 604(e) of the Secure
Embassy Construction and Counterterrorism Act of 1999 (title VI
of division A of H.R. 3427, as enacted into law by section 1000(a)(7)
of Public Law 106–113 and contained in appendix G of that Act),
as amended by section 111 of the Department of State Authorities
Act, Fiscal Year 2017 (Public Law 114–323), a project to construct
a facility of the United States may include office space or other
accommodations for members of the United States Marine Corps.
(b) NEW DIPLOMATIC FACILITIES.—For the purposes of calculating the fiscal year 2021 costs of providing new United States
diplomatic facilities in accordance with section 604(e) of the Secure
Embassy Construction and Counterterrorism Act of 1999 (22 U.S.C.
4865 note), the Secretary of State, in consultation with the Director
of the Office of Management and Budget, shall determine the annual
program level and agency shares in a manner that is proportional
to the contribution of the Department of State for this purpose.
(c) CONSULTATION AND NOTIFICATION.—Funds appropriated by
this Act and prior Acts making appropriations for the Department
of State, foreign operations, and related programs, which may be
made available for the acquisition of property or award of construction contracts for overseas United States diplomatic facilities during
fiscal year 2021, shall be subject to prior consultation with, and
the regular notification procedures of, the Committees on Appropriations: Provided, That notifications pursuant to this subsection shall
include the information enumerated under the heading ‘‘Embassy
Security, Construction, and Maintenance’’ in House Report 116–
444.
(d) INTERIM AND TEMPORARY FACILITIES ABROAD.—
(1) SECURITY VULNERABILITIES.—Funds appropriated by
this Act under the heading ‘‘Embassy Security, Construction,
and Maintenance’’ may be made available, following consultation with the appropriate congressional committees, to address
security vulnerabilities at interim and temporary United States
diplomatic facilities abroad, including physical security
upgrades and local guard staffing, except that the amount
of funds made available for such purposes from this Act and
prior Acts making appropriations for the Department of State,

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Consultation.
Determination.

Consultation.

PUBL260A

134 STAT. 1720

Notification.
Waiver authority.

PUBLIC LAW 116–260—DEC. 27, 2020

foreign operations, and related programs shall be a minimum
of $25,000,000.
(2) CONSULTATION.—Notwithstanding any other provision
of law, the opening, closure, or any significant modification
to an interim or temporary United States diplomatic facility
shall be subject to prior consultation with the appropriate
congressional committees and the regular notification procedures of the Committees on Appropriations, except that such
consultation and notification may be waived if there is a security risk to personnel.
(e) SOFT TARGETS.—Of the funds appropriated by this Act under
the heading ‘‘Embassy Security, Construction, and Maintenance’’,
not less than $10,000,000 shall be made available for security
upgrades to soft targets, including schools, recreational facilities,
and residences used by United States diplomatic personnel and
their dependents.
PERSONNEL ACTIONS

SEC. 7005. Any costs incurred by a department or agency funded
under title I of this Act resulting from personnel actions taken
in response to funding reductions included in this Act shall be
absorbed within the total budgetary resources available under title
I to such department or agency: Provided, That the authority to
transfer funds between appropriations accounts as may be necessary
to carry out this section is provided in addition to authorities
included elsewhere in this Act: Provided further, That use of funds
to carry out this section shall be treated as a reprogramming
of funds under section 7015 of this Act.
PROHIBITION ON PUBLICITY OR PROPAGANDA

SEC. 7006. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes within
the United States not authorized before enactment of this Act
by Congress: Provided, That up to $25,000 may be made available
to carry out the provisions of section 316 of the International
Security and Development Cooperation Act of 1980 (Public Law
96–533; 22 U.S.C. 2151a note).
PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN COUNTRIES

Cuba.
North Korea.
Iran.
Syria.

SEC. 7007. None of the funds appropriated or otherwise made
available pursuant to titles III through VI of this Act shall be
obligated or expended to finance directly any assistance or reparations for the governments of Cuba, North Korea, Iran, or Syria:
Provided, That for purposes of this section, the prohibition on
obligations or expenditures shall include direct loans, credits, insurance, and guarantees of the Export-Import Bank or its agents.

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´ TAT
COUPS D’E
SEC. 7008. None of the funds appropriated or otherwise made
available pursuant to titles III through VI of this Act 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 d’e´tat or decree or, after the date
of enactment of this Act, a coup d’e´tat or decree in which the

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1721

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.

Certification.
Reports.

Notification.

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TRANSFER OF FUNDS AUTHORITY

SEC. 7009. (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

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Determination.
Reports.
Consultation.
Notification.

PUBL260A

134 STAT. 1722

Consultation.
Notification.

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President.
Deadline.
Consultation.
Policy
justification.

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PUBLIC LAW 116–260—DEC. 27, 2020

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 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 INTER-AGENCY 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

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1723

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.

Consultation.
Notification.

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PROHIBITION AND LIMITATION ON CERTAIN EXPENSES

SEC. 7010. (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 products (including electronic
nicotine delivery systems), or to seek the reduction or removal
by any foreign country of restrictions on the marketing of tobacco
or tobacco products (including electronic nicotine delivery systems),
except for restrictions which are not applied equally to all tobacco

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Sexually explicit
websites.

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134 STAT. 1724

PUBLIC LAW 116–260—DEC. 27, 2020

or tobacco products (including electronic nicotine delivery systems)
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 titles I or II of
this Act, and the Department of the Treasury and independent
agencies funded in titles 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.
AVAILABILITY OF FUNDS

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Time periods.

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SEC. 7011. No part of any appropriation contained in this
Act shall remain available for obligation after the expiration of
the current fiscal year unless expressly so provided by this Act:
Provided, That funds appropriated for the purposes of chapters
1 and 8 of part I, section 661, chapters 4, 5, 6, 8, and 9 of
part II of the Foreign Assistance Act of 1961, section 23 of the
Arms Export Control Act (22 U.S.C. 2763), and funds made available
for ‘‘United States International Development Finance Corporation’’
and under the heading ‘‘Assistance for Europe, Eurasia and Central
Asia’’ shall remain available for an additional 4 years from the
date on which the availability of such funds would otherwise have
expired, if such funds are initially obligated before the expiration
of their respective periods of availability contained in this Act:
Provided further, That notwithstanding any other provision of this
Act, any funds made available for the purposes of chapter 1 of

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134 STAT. 1725

part I and chapter 4 of part II of the Foreign Assistance Act
of 1961 which are allocated or obligated for cash disbursements
in order to address balance of payments or economic policy reform
objectives, shall remain available for an additional 4 years from
the date on which the availability of such funds would otherwise
have expired, if such funds are initially allocated or obligated before
the expiration of their respective periods of availability contained
in this Act: Provided further, That the Secretary of State and
the Administrator of the United States Agency for International
Development shall provide a report to the Committees on Appropriations not later than October 31, 2021, detailing by account and
source year, the use of this authority during the previous fiscal
year.

Reports.

LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT

SEC. 7012. No part of any appropriation provided under titles
III through VI in this Act shall be used to furnish assistance
to the government of any country which is in default during a
period in excess of 1 calendar year in payment to the United
States of principal or interest on any loan made to the government
of such country by the United States pursuant to a program for
which funds are appropriated under this Act unless the President
determines, following consultation with the Committees on Appropriations, that assistance for such country is in the national interest
of the United States.

Time period.
Loans.
President.
Determination.
Consultation.

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PROHIBITION ON TAXATION OF UNITED STATES ASSISTANCE

SEC. 7013. (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.—
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: Provided, That 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.

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Deadline.

Reports.

PUBL260A

134 STAT. 1726

PUBLIC LAW 116–260—DEC. 27, 2020

(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 ‘‘bilateral agreement’’ 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 ‘‘taxes and taxation’’
shall include value added taxes and customs duties but shall
not include individual income taxes assessed to local staff.

Reports.

Time period.

Regulations.
Guidance.

RESERVATIONS OF FUNDS

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Notification.

Determination.
Reports.

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SEC. 7014. (a) REPROGRAMMING.—Funds appropriated under
titles III through VI of this Act which are specifically designated
may be reprogrammed for other programs within the same account
notwithstanding the designation if compliance with the designation
is made impossible by operation of any provision of this or any
other Act: Provided, That any such reprogramming shall be subject
to the regular notification procedures of the Committees on Appropriations: Provided further, That assistance that is reprogrammed
pursuant to this subsection shall be made available under the
same terms and conditions as originally provided.
(b) EXTENSION OF AVAILABILITY.—In addition to the authority
contained in subsection (a), the original period of availability of

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134 STAT. 1727

funds appropriated by this Act and administered by the Department
of State or the United States Agency for International Development
that are specifically designated for particular programs or activities
by this or any other Act may be extended for an additional fiscal
year if the Secretary of State or the USAID Administrator, as
appropriate, determines and reports promptly to the Committees
on Appropriations that the termination of assistance to a country
or a significant change in circumstances makes it unlikely that
such designated funds can be obligated during the original period
of availability: Provided, That such designated funds that continue
to be available for an additional fiscal year shall be obligated
only for the purpose of such designation.
(c) OTHER ACTS.—Ceilings and specifically designated funding
levels contained in this Act shall not be applicable to funds or
authorities appropriated or otherwise made available by any subsequent Act unless such Act specifically so directs: Provided, That
specifically designated funding levels or minimum funding requirements contained in any other Act shall not be applicable to funds
appropriated by this Act.

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NOTIFICATION REQUIREMENTS

SEC. 7015. (a) NOTIFICATION OF CHANGES IN PROGRAMS,
PROJECTS, AND ACTIVITIES.—None of the funds made available in
titles I, II, and VI, and under the headings ‘‘Peace Corps’’ and
‘‘Millennium Challenge Corporation’’, 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;
unless previously justified to the Committees on Appropriations
or such Committees are notified 15 days in advance of such obligation.
(b) NOTIFICATION OF REPROGRAMMING OF FUNDS.—None of the
funds provided under titles I, II, and VI 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 such titles 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;

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President.

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(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;
unless the Committees on Appropriations are notified 15 days in
advance of such reprogramming of funds.
(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

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134 STAT. 1729

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
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 House Report 116–444.

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Consultation.

Consultation.

Consultation.

Reports.
Certifications.

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Consultation.

Classified
information.
Applicability.

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(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 Appropriations:
(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;
(C) community-based police assistance conducted
pursuant to the authority of section 7035(a)(1) of this Act;
(D) the Prevention and Stabilization Fund and the
Multi-Donor Global Fragility Fund;
(E) the Indo-Pacific Strategy;
(F) the Global Security Contingency Fund;
(G) the Countering Chinese Influence Fund and the
Countering Russian Influence Fund;
(H) the Program to End Modern Slavery; and
(I) the Women’s Global Development and Prosperity
Fund.
(3) DEMOCRACY PROGRAM POLICY AND PROCEDURES.—Modifications to democracy program policy and procedures, including
relating to the use of consortia, by the Department of State
and USAID shall be subject to prior consultation with, and
the regular notification procedures of, the Committees on
Appropriations.
(4) ARMS SALES.—The reports, notifications, and certifications, and any other documents, required to be submitted
pursuant to section 36(a) of the Arms Export Control Act (22
U.S.C. 2776), and such documents submitted pursuant to section 36(b) through (d) of such Act with respect to countries
that have received assistance provided with funds appropriated
by this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs, shall
be concurrently submitted to the Committees on Appropriations
and shall include information about the source of funds for
any sale or transfer, as applicable, if known at the time of
submission.
(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 AND GLOBAL HEALTH SECURITY
REVIEWS.—Funds appropriated by this Act that are made available
to make 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: Provided further, That the consultation

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134 STAT. 1731

requirement of this subsection shall apply to global health security
programs, to include the Global Health Security Agenda and emergency health responses.
(k) PRIOR CONSULTATION REQUIREMENT.—The Secretary of
State, the Administrator of the United States Agency for International Development, the Chief Executive Officer of the United
States International Development Finance Corporation, and the
Chief Executive Officer of the Millennium Challenge Corporation
shall consult with the Committees on Appropriations at least 7
days prior to informing a government of, or publically announcing
a decision on, the suspension or early termination of assistance
to a country or a territory, including as a result of an interagency
review of such assistance, from funds appropriated by this Act
or prior Acts making appropriations for the Department of State,
foreign operations, and related programs: Provided, That such consultation shall include a detailed justification for such suspension,
including a description of the assistance being suspended.
(l) REPORT ON FUNDS RECEIVED FROM FOREIGN GOVERNMENTS.—The Secretary of State and the USAID Administrator,
as appropriate, shall report to the Committees on Appropriations
on a quarterly basis until September 30, 2021, on funds received
from foreign governments pursuant to sections 607 and 635(d)
of the Foreign Assistance Act of 1961, other than from countries
that are North Atlantic Treaty Organization (NATO) or major nonNATO allies designated pursuant to section 517(b) of such Act:
Provided, That such report shall include the requirements described
under this heading in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated
Act).

Time period.

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DOCUMENT REQUESTS, RECORDS MANAGEMENT, AND RELATED
CYBERSECURITY PROTECTIONS

SEC. 7016. (a) DOCUMENT REQUESTS.—None of the funds appropriated or made available pursuant to titles III through VI of
this Act shall be available to a nongovernmental organization,
including any contractor, which fails to provide upon timely request
any document, file, or record necessary to the auditing requirements
of the Department of State and the United States Agency for
International Development.
(b) RECORDS MANAGEMENT AND RELATED CYBERSECURITY
PROTECTIONS.—The Secretary of State and USAID Administrator
shall—
(1) regularly review and update the policies, directives,
and oversight necessary to comply with Federal statutes, regulations, and presidential executive orders and memoranda concerning the preservation of all records made or received in
the conduct of official business, including record emails, instant
messaging, and other online tools;
(2) use 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, as appropriate, to improve Federal records management pursuant to the Federal Records Act (44 U.S.C. Chapters
21, 29, 31, and 33) and other applicable Federal records
management statutes, regulations, or policies for the Department of State and USAID;

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134 STAT. 1732

PUBLIC LAW 116–260—DEC. 27, 2020
(3) direct departing employees, including senior officials,
that all Federal records generated by such employees belong
to the Federal Government;
(4) substantially reduce, compared to the previous fiscal
year, the response time for identifying and retrieving Federal
records, including requests made pursuant to section 552 of
title 5, United States Code (commonly known as the ‘‘Freedom
of Information Act’’); and
(5) strengthen cybersecurity measures to mitigate
vulnerabilities, including those resulting from the use of personal email accounts or servers outside the .gov domain,
improve the process to identify and remove inactive user
accounts, update and enforce guidance related to the control
of national security information, and implement the recommendations of the applicable reports of the cognizant Office
of Inspector General.

Implementation.
Recommendations.

USE OF FUNDS IN CONTRAVENTION OF THIS ACT

President.
Determination.
Notification.
Deadline.

SEC. 7017. If the President makes a determination not to
comply with any provision of this Act on constitutional grounds,
the head of the relevant Federal agency shall notify the Committees
on Appropriations in writing within 5 days of such determination,
the basis for such determination and any resulting changes to
program or policy.
PROHIBITION ON FUNDING FOR ABORTIONS AND INVOLUNTARY
STERILIZATION

President.
Certification.

SEC. 7018. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may
be used to pay for the performance of abortions as a method of
family planning or to motivate or coerce any person to practice
abortions. None of the funds made available to carry out part
I of the Foreign Assistance Act of 1961, as amended, may be
used to pay for the performance of involuntary sterilization as
a method of family planning or to coerce or provide any financial
incentive to any person to undergo sterilizations. None of the funds
made available to carry out part I of the Foreign Assistance Act
of 1961, as amended, may be used to pay for any biomedical research
which relates in whole or in part, to methods of, or the performance
of, abortions or involuntary sterilization as a means of family planning. None of the funds made available to carry out part I of
the Foreign Assistance Act of 1961, as amended, may be obligated
or expended for any country or organization if the President certifies
that the use of these funds by any such country or organization
would violate any of the above provisions related to abortions and
involuntary sterilizations.

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ALLOCATIONS AND REPORTS

SEC. 7019. (a) ALLOCATION TABLES.—Subject to subsection (b),
funds appropriated by this Act under titles III through V shall
be made available at not less than the amounts specifically designated in the respective tables included in the explanatory statement described in section 4 (in the matter preceding division A
of this consolidated Act): Provided, That such designated amounts
for foreign countries and international organizations shall serve

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134 STAT. 1733

as the amounts for such countries and international organizations
transmitted to Congress in the report required by section 653(a)
of the Foreign Assistance Act of 1961, and shall be made available
for such foreign countries and international organizations notwithstanding the date of the transmission of such report.
(b) AUTHORIZED DEVIATIONS BELOW MINIMUM LEVELS.—Unless
otherwise provided for by this Act, the Secretary of State and
the Administrator of the United States Agency for International
Development, as applicable, may deviate by not more than 10
percent below the minimum amounts specifically designated in
the respective tables in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act): Provided, That deviations pursuant to this subsection shall
be subject to prior consultation with the Committees on Appropriations.
(c) LIMITATION.—For specifically designated amounts that are
included, pursuant to subsection (a), in the report required by
section 653(a) of the Foreign Assistance Act of 1961, deviations
authorized by subsection (b) may only take place after submission
of such report.
(d) EXCEPTIONS.—
(1) Subsections (a) and (b) shall not apply to—
(A) amounts designated for ‘‘International Military
Education and Training’’ in the respective tables included
in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act);
(B) funds for which the initial period of availability
has expired; and
(C) amounts designated by this Act as minimum
funding requirements.
(2) The authority in subsection (b) to deviate below amounts
designated in the respective tables included in the explanatory
statement described in section 4 (in the matter preceding division A of this consolidated Act) shall not apply to the table
included under the heading ‘‘Global Health Programs’’ in such
statement.
(3) With respect to the amounts designated for ‘‘Global
Programs’’ in the table under the heading ‘‘Economic Support
Fund’’ included in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated
Act), subsection (b) shall be applied by substituting ‘‘5 percent’’
for ‘‘10 percent’’.
(e) REPORTS.—The Secretary of State, USAID Administrator,
and other designated officials, as appropriate, shall submit the
reports required, in the manner described, in House Report 116–
444 and the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act), unless directed
otherwise in such explanatory statement.
(f) CLARIFICATION.—Funds appropriated by this Act under the
headings ‘‘International Disaster Assistance’’ and ‘‘Migration and
Refugee Assistance’’ shall not be included for purposes of meeting
amounts designated for countries in this Act or the explanatory
statement described in section 4 (in the matter preceding division
A of this consolidated Act), unless such headings are specifically
designated as the source of funds.

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PUBLIC LAW 116–260—DEC. 27, 2020
MULTI-YEAR PLEDGES

SEC. 7020. None of the funds appropriated or otherwise made
available by this Act may be used to make any pledge for future
year funding for any multilateral or bilateral program funded in
titles III through VI of this Act unless such pledge meets one
or more of the requirements enumerated under section 7066 of
the Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2019 (division F of Public Law 116–6).
PROHIBITION ON ASSISTANCE TO GOVERNMENTS SUPPORTING
INTERNATIONAL TERRORISM

President.
Determinations.

Termination
date.

Applicability.

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Estimate.

Federal Register,
publication.
Deadline.
Notification.

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SEC. 7021. (a) LETHAL MILITARY EQUIPMENT EXPORTS.—
(1) PROHIBITION.—None of the funds appropriated or otherwise made available under titles III through VI of this Act
may be made available to any foreign government which provides lethal military equipment to a country the government
of which the Secretary of State has determined supports international terrorism for purposes of section 1754(c) of the Export
Reform Control Act of 2018 (50 U.S.C. 4813(c)): Provided, That
the prohibition under this section with respect to a foreign
government shall terminate 12 months after that government
ceases to provide such military equipment: Provided further,
That this section applies with respect to lethal military equipment provided under a contract entered into after October
1, 1997.
(2) DETERMINATION.—Assistance restricted by paragraph
(1) or any other similar provision of law, may be furnished
if the President determines that to do so is important to the
national interest of the United States.
(3) REPORT.—Whenever the President makes a determination pursuant to paragraph (2), the President shall submit
to the Committees on Appropriations a report with respect
to the furnishing of such assistance, including a detailed explanation of the assistance to be provided, the estimated dollar
amount of such assistance, and an explanation of how the
assistance furthers United States national interest.
(b) BILATERAL ASSISTANCE.—
(1) LIMITATIONS.—Funds appropriated for bilateral assistance in titles III through VI of this Act and funds appropriated
under any such title in prior Acts making appropriations for
the Department of State, foreign operations, and related programs, shall not be made available to any foreign government
which the President determines—
(A) grants sanctuary from prosecution to any individual
or group which has committed an act of international terrorism;
(B) otherwise supports international terrorism; or
(C) is controlled by an organization designated as a
terrorist organization under section 219 of the Immigration
and Nationality Act (8 U.S.C. 1189).
(2) WAIVER.—The President may waive the application of
paragraph (1) to a government if the President determines
that national security or humanitarian reasons justify such
waiver: Provided, That the President shall publish each such
waiver in the Federal Register and, at least 15 days before

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the waiver takes effect, shall notify the Committees on Appropriations of the waiver (including the justification for the
waiver) in accordance with the regular notification procedures
of the Committees on Appropriations.
AUTHORIZATION REQUIREMENTS

SEC. 7022. Funds appropriated by this Act, except funds appropriated under the heading ‘‘Trade and Development Agency’’, may
be obligated and expended notwithstanding section 10 of Public
Law 91–672 (22 U.S.C. 2412), section 15 of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2680), section 313 of
the Foreign Relations Authorization Act, Fiscal Years 1994 and
1995 (22 U.S.C. 6212), and section 504(a)(1) of the National Security
Act of 1947 (50 U.S.C. 3094(a)(1)).
DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

SEC. 7023. For the purpose of titles II through VI of this
Act ‘‘program, project, and activity’’ shall be defined at the appropriations Act account level and shall include all appropriations
and authorizations Acts funding directives, ceilings, and limitations
with the exception that for the ‘‘Economic Support Fund’’, ‘‘Assistance for Europe, Eurasia and Central Asia’’, and ‘‘Foreign Military
Financing Program’’ accounts, ‘‘program, project, and activity’’ shall
also be considered to include country, regional, and central program
level funding within each such account, and for the development
assistance accounts of the United States Agency for International
Development, ‘‘program, project, and activity’’ shall also be considered to include central, country, regional, and program level
funding, either as—
(1) justified to Congress; or
(2) allocated by the Executive Branch in accordance with
the report required by section 653(a) of the Foreign Assistance
Act of 1961 or as modified pursuant to section 7019 of this
Act.
AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN FOUNDATION,
AND UNITED STATES AFRICAN DEVELOPMENT FOUNDATION

SEC. 7024. Unless expressly provided to the contrary, provisions
of this or any other Act, including provisions contained in prior
Acts authorizing or making appropriations for the Department of
State, foreign operations, and related programs, shall not be construed to prohibit activities authorized by or conducted under the
Peace Corps Act, the Inter-American Foundation Act, or the African
Development Foundation Act: Provided, That prior to conducting
activities in a country for which assistance is prohibited, the agency
shall consult with the Committees on Appropriations and report
to such Committees within 15 days of taking such action.

Consultation.
Reports.

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COMMERCE, TRADE AND SURPLUS COMMODITIES

SEC. 7025. (a) WORLD MARKETS.—None of the funds appropriated or made available pursuant to titles III through VI of
this Act for direct assistance and none of the funds otherwise
made available to the Export-Import Bank and the United States
International Development Finance Corporation shall be obligated

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Notification.

President.
Determination.

President.
Determination.

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22 USC 262h
note.

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or expended to finance any loan, any assistance, or any other
financial commitments for establishing or expanding production
of any commodity for export by any country other than the United
States, if the commodity is likely to be in surplus on world markets
at the time the resulting productive capacity is expected to become
operative and if the assistance will cause substantial injury to
United States producers of the same, similar, or competing commodity: Provided, That such prohibition shall not apply to the
Export-Import Bank if in the judgment of its Board of Directors
the benefits to industry and employment in the United States
are likely to outweigh the injury to United States producers of
the same, similar, or competing commodity, and the Chairman
of the Board so notifies the Committees on Appropriations: Provided
further, That this subsection shall not prohibit—
(1) activities in a country that is eligible for assistance
from the International Development Association, is not eligible
for assistance from the International Bank for Reconstruction
and Development, and does not export on a consistent basis
the agricultural commodity with respect to which assistance
is furnished; or
(2) activities in a country the President determines is recovering from widespread conflict, a humanitarian crisis, or a
complex emergency.
(b) EXPORTS.—None of the funds appropriated by this or any
other Act to carry out chapter 1 of part I of the Foreign Assistance
Act of 1961 shall be available for any testing or breeding feasibility
study, variety improvement or introduction, consultancy, publication, conference, or training in connection with the growth or
production in a foreign country of an agricultural commodity for
export which would compete with a similar commodity grown or
produced in the United States: Provided, That this subsection shall
not prohibit—
(1) activities designed to increase food security in developing countries where such activities will not have a significant
impact on the export of agricultural commodities of the United
States;
(2) research activities intended primarily to benefit United
States producers;
(3) activities in a country that is eligible for assistance
from the International Development Association, is not eligible
for assistance from the International Bank for Reconstruction
and Development, and does not export on a consistent basis
the agricultural commodity with respect to which assistance
is furnished; or
(4) activities in a country the President determines is recovering from widespread conflict, a humanitarian crisis, or a
complex emergency.
(c) INTERNATIONAL FINANCIAL INSTITUTIONS.—The Secretary of
the Treasury shall instruct the United States executive directors
of the international financial institutions to use the voice and
vote of the United States to oppose any assistance by such institutions, using funds appropriated or otherwise made available by
this Act, for the production or extraction of any commodity or
mineral for export, if it is in surplus on world markets and if
the assistance will cause substantial injury to United States producers of the same, similar, or competing commodity.

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134 STAT. 1737

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SEPARATE ACCOUNTS

SEC. 7026. (a) SEPARATE ACCOUNTS FOR LOCAL CURRENCIES.—
(1) AGREEMENTS.—If assistance is furnished to the government of a foreign country under chapters 1 and 10 of part
I or chapter 4 of part II of the Foreign Assistance Act of
1961 under agreements which result in the generation of local
currencies of that country, the Administrator of the United
States Agency for International Development shall—
(A) require that local currencies be deposited in a
separate account established by that government;
(B) enter into an agreement with that government
which sets forth—
(i) the amount of the local currencies to be generated; and
(ii) the terms and conditions under which the currencies so deposited may be utilized, consistent with
this section; and
(C) establish by agreement with that government the
responsibilities of USAID and that government to monitor
and account for deposits into and disbursements from the
separate account.
(2) USES OF LOCAL CURRENCIES.—As may be agreed upon
with the foreign government, local currencies deposited in a
separate account pursuant to subsection (a), or an equivalent
amount of local currencies, shall be used only—
(A) to carry out chapter 1 or 10 of part I or chapter
4 of part II of the Foreign Assistance Act of 1961 (as
the case may be), for such purposes as—
(i) project and sector assistance activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the United
States Government.
(3) PROGRAMMING ACCOUNTABILITY.—USAID shall take all
necessary steps to ensure that the equivalent of the local currencies disbursed pursuant to subsection (a)(2)(A) from the
separate account established pursuant to subsection (a)(1) are
used for the purposes agreed upon pursuant to subsection (a)(2).
(4) TERMINATION OF ASSISTANCE PROGRAMS.—Upon termination of assistance to a country under chapter 1 or 10 of
part I or chapter 4 of part II of the Foreign Assistance Act
of 1961 (as the case may be), any unencumbered balances
of funds which remain in a separate account established pursuant to subsection (a) shall be disposed of for such purposes
as may be agreed to by the government of that country and
the United States Government.
(b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.—
(1) IN GENERAL.—If assistance is made available to the
government of a foreign country, under chapter 1 or 10 of
part I or chapter 4 of part II of the Foreign Assistance Act
of 1961, as cash transfer assistance or as nonproject sector
assistance, that country shall be required to maintain such
funds in a separate account and not commingle with any other
funds.
(2) APPLICABILITY OF OTHER PROVISIONS OF LAW.—Such
funds may be obligated and expended notwithstanding provisions of law which are inconsistent with the nature of this

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22 USC 2362
note.

Requirement.

Requirement.

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134 STAT. 1738

PUBLIC LAW 116–260—DEC. 27, 2020
assistance including provisions which are referenced in the
Joint Explanatory Statement of the Committee of Conference
accompanying House Joint Resolution 648 (House Report No.
98–1159).
(3) NOTIFICATION.—At least 15 days prior to obligating
any such cash transfer or nonproject sector assistance, the
President shall submit a notification through the regular
notification procedures of the Committees on Appropriations,
which shall include a detailed description of how the funds
proposed to be made available will be used, with a discussion
of the United States interests that will be served by such
assistance (including, as appropriate, a description of the economic policy reforms that will be promoted by such assistance).
(4) EXEMPTION.—Nonproject sector assistance funds may
be exempt from the requirements of paragraph (1) only through
the regular notification procedures of the Committees on Appropriations.

Time period.
President.

Notification.

ELIGIBILITY FOR ASSISTANCE

President.
Notification.

Abortion.
Sterilization.

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Notification.

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SEC. 7027. (a) ASSISTANCE THROUGH NONGOVERNMENTAL
ORGANIZATIONS.—Restrictions contained in this or any other Act
with respect to assistance for a country shall not be construed
to restrict assistance in support of programs of nongovernmental
organizations from funds appropriated by this Act to carry out
the provisions of chapters 1, 10, 11, and 12 of part I and chapter
4 of part II of the Foreign Assistance Act of 1961 and from funds
appropriated under the heading ‘‘Assistance for Europe, Eurasia
and Central Asia’’: Provided, That before using the authority of
this subsection to furnish assistance in support of programs of
nongovernmental organizations, the President shall notify the
Committees on Appropriations pursuant to the regular notification
procedures, including a description of the program to be assisted,
the assistance to be provided, and the reasons for furnishing such
assistance: Provided further, That nothing in this subsection shall
be construed to alter any existing statutory prohibitions against
abortion or involuntary sterilizations contained in this or any other
Act.
(b) PUBLIC LAW 480.—During fiscal year 2021, restrictions contained in this or any other Act with respect to assistance for
a country shall not be construed to restrict assistance under the
Food for Peace Act (Public Law 83–480; 7 U.S.C. 1721 et seq.):
Provided, That none of the funds appropriated to carry out title
I of such Act and made available pursuant to this subsection may
be obligated or expended except as provided through the regular
notification procedures of the Committees on Appropriations.
(c) EXCEPTION.—This section shall not apply—
(1) with respect to section 620A of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to countries that support international terrorism;
or
(2) with respect to section 116 of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to the government of a country that violates internationally recognized human rights.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1739

LOCAL COMPETITION

SEC. 7028. (a) REQUIREMENTS FOR EXCEPTIONS TO COMPETITION
LOCAL ENTITIES.—Funds appropriated by this Act that are
made available to the United States Agency for International
Development may only be made available for limited competitions
through local entities if—
(1) prior to the determination to limit competition to local
entities, USAID has—
(A) assessed the level of local capacity to effectively
implement, manage, and account for programs included
in such competition; and
(B) documented the written results of the assessment
and decisions made; and
(2) prior to making an award after limiting competition
to local entities—
(A) each successful local entity has been determined
to be responsible in accordance with USAID guidelines;
and
(B) effective monitoring and evaluation systems are
in place to ensure that award funding is used for its
intended purposes; and
(3) no level of acceptable fraud is assumed.
(b) EXTENSION OF PROCUREMENT AUTHORITY.—Section 7077 of
the Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2012 (division I of Public Law 112–74) shall
continue in effect during fiscal year 2021.
FOR

Assessment.

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INTERNATIONAL FINANCIAL INSTITUTIONS

SEC. 7029. (a) EVALUATIONS AND REPORT.—The Secretary of
the Treasury shall instruct the United States executive director
of each international financial institution to use the voice of the
United States to encourage such institution to adopt and implement
a publicly available policy, including the strategic use of peer
reviews and external experts, to conduct independent, in-depth
evaluations of the effectiveness of at least 35 percent of all loans,
grants, programs, and significant analytical non-lending activities
in advancing the institution’s goals of reducing poverty and promoting equitable economic growth, consistent with relevant safeguards, to ensure that decisions to support such loans, grants,
programs, and activities are based on accurate data and objective
analysis: Provided, That not later than 45 days after enactment
of this Act, the Secretary shall submit a report to the Committees
on Appropriations on steps taken in fiscal year 2020 by the United
States executive directors and the international financial institutions consistent with this subsection compared to the previous fiscal
year.
(b) SAFEGUARDS.—
(1) STANDARD.—The Secretary of the Treasury shall
instruct the United States Executive Director of the International Bank for Reconstruction and Development and the
International Development Association to use the voice and
vote of the United States to oppose any loan, grant, policy,
or strategy if such institution has adopted and is implementing
any social or environmental safeguard relevant to such loan,
grant, policy, or strategy that provides less protection than
World Bank safeguards in effect on September 30, 2015.

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Public
information.

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Human rights.

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Consultation.

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PUBLIC LAW 116–260—DEC. 27, 2020

(2) ACCOUNTABILITY, STANDARDS, AND BEST PRACTICES.—
The Secretary of the Treasury shall instruct the United States
executive director of each international financial institution
to use the voice and vote of the United States to oppose loans
or other financing for projects unless such projects—
(A) provide for accountability and transparency,
including the collection, verification, and publication of
beneficial ownership information related to extractive
industries and on-site monitoring during the life of the
project;
(B) will be developed and carried out in accordance
with best practices regarding environmental conservation,
cultural protection, and empowerment of local populations,
including free, prior and informed consent of affected
indigenous communities;
(C) do not provide incentives for, or facilitate, forced
displacement or other violations of human rights; and
(D) do not partner with or otherwise involve enterprises
owned or controlled by the armed forces.
(c) COMPENSATION.—None of the funds appropriated under title
V of this Act may be made as payment to any international financial
institution while the United States executive director to such
institution is compensated by the institution at a rate which,
together with whatever compensation such executive director
receives from the United States, is in excess of the rate provided
for an individual occupying a position at level IV of the Executive
Schedule under section 5315 of title 5, United States Code, or
while any alternate United States executive director to such institution is compensated by the institution at a rate in excess of the
rate provided for an individual occupying a position at level V
of the Executive Schedule under section 5316 of title 5, United
States Code.
(d) HUMAN RIGHTS.—The Secretary of the Treasury shall
instruct the United States executive director of each international
financial institution to use the voice and vote of the United States
to promote human rights due diligence and risk management, as
appropriate, in connection with any loan, grant, policy, or strategy
of such institution in accordance with the requirements specified
under this subsection in House Report 116–444: Provided, That
prior to voting on any such loan, grant, policy, or strategy the
executive director shall consult with the Assistant Secretary for
Democracy, Human Rights, and Labor, Department of State, if
the executive director has reason to believe that such loan, grant,
policy, or strategy could result in forced displacement or other
violations of human rights.
(e) FRAUD AND CORRUPTION.—The Secretary of the Treasury
shall instruct the United States executive director of each international financial institution to use the voice of the United States
to include in loan, grant, and other financing agreements improvements in borrowing countries’ financial management and judicial
capacity to investigate, prosecute, and punish fraud and corruption.
(f) BENEFICIAL OWNERSHIP INFORMATION.—The Secretary of the
Treasury shall instruct the United States executive director of
each international financial institution to use the voice of the United
States to encourage such institution to collect, verify, and publish,

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1741

to the maximum extent practicable, beneficial ownership information (excluding proprietary information) for any corporation or limited liability company, other than a publicly listed company, that
receives funds from any such financial institution: Provided, That
not later than 45 days after enactment of this Act, the Secretary
shall submit a report to the Committees on Appropriations on
steps taken in fiscal year 2020 by the United States executive
directors and the international financial institutions consistent with
this subsection compared to the previous fiscal year.
(g) WHISTLEBLOWER PROTECTIONS.—The Secretary of the
Treasury shall instruct the United States executive director of
each international financial institution to use the voice of the United
States to encourage each such institution to effectively implement
and enforce policies and procedures which meet or exceed best
practices in the United States for the protection of whistleblowers
from retaliation, including—
(1) protection against retaliation for internal and lawful
public disclosure;
(2) legal burdens of proof;
(3) statutes of limitation for reporting retaliation;
(4) access to binding independent adjudicative bodies,
including shared cost and selection external arbitration; and
(5) results that eliminate the effects of proven retaliation,
including provision for the restoration of prior employment.

Reports.

INSECURE COMMUNICATIONS NETWORKS

SEC. 7030. Funds appropriated by this Act shall be made available for programs, including through the Digital Connectivity and
Cybersecurity Partnership, to—
(1) advance the adoption of secure, next-generation communications networks and services, including 5G, and cybersecurity policies, in countries receiving assistance under this Act
and prior Acts making appropriations for the Department of
State, foreign operations, and related programs;
(2) counter the establishment of insecure communications
networks and services, including 5G, promoted by the People’s
Republic of China and other state-backed enterprises that are
subject to undue or extrajudicial control by their country of
origin; and
(3) provide policy and technical training on deploying open,
interoperable, reliable, and secure networks to information
communication technology professionals in countries receiving
assistance under this Act, as appropriate:
Provided, That such funds may be used to support the participation
of foreign military officials in programs designed to strengthen
civilian cybersecurity capacity, following consultation with the
Committees on Appropriations.

China.

Consultation.

FINANCIAL MANAGEMENT AND BUDGET TRANSPARENCY

SEC. 7031. (a) LIMITATION ON DIRECT GOVERNMENT-TO-GOVERNASSISTANCE.—
(1) REQUIREMENTS.—Funds appropriated by this Act may
be made available for direct government-to-government assistance only if the requirements included in section 7031(a)(1)(A)
through (E) of the Department of State, Foreign Operations,

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134 STAT. 1742

and Related Programs Appropriations Act, 2019 (division F
of Public Law 116–6) are fully met.
(2) CONSULTATION AND NOTIFICATION.—In addition to the
requirements in paragraph (1), funds may only be made available for direct government-to-government assistance subject to
prior consultation with, and the regular notification procedures
of, the Committees on Appropriations: Provided, That such
notification shall contain an explanation of how the proposed
activity meets the requirements of paragraph (1): Provided
further, That the requirements of this paragraph shall only
apply to direct government-to-government assistance in excess
of $10,000,000 and all funds available for cash transfer, budget
support, and cash payments to individuals.
(3) SUSPENSION OF ASSISTANCE.—The Administrator of the
United States Agency for International Development or the
Secretary of State, as appropriate, shall suspend any direct
government-to-government assistance if the Administrator or
the Secretary has credible information of material misuse of
such assistance, unless the Administrator or the Secretary
reports to the Committees on Appropriations that it is in the
national interest of the United States to continue such assistance, including a justification, or that such misuse has been
appropriately addressed.
(4) SUBMISSION OF INFORMATION.—The Secretary of State
shall submit to the Committees on Appropriations, concurrent
with the fiscal year 2022 congressional budget justification
materials, amounts planned for assistance described in paragraph (1) by country, proposed funding amount, source of funds,
and type of assistance.
(5) DEBT SERVICE PAYMENT PROHIBITION.—None of the
funds made available by this Act may be used by the government of any foreign country for debt service payments owed
by any country to any international financial institution.
(b) NATIONAL BUDGET AND CONTRACT TRANSPARENCY.—
(1) MINIMUM REQUIREMENTS OF FISCAL TRANSPARENCY.—
The Secretary of State shall continue to update and strengthen
the ‘‘minimum requirements of fiscal transparency’’ for each
government receiving assistance appropriated by this Act, as
identified in the report required by section 7031(b) of the
Department of State, Foreign Operations, and Related Programs Appropriations Act, 2014 (division K of Public Law 113–
76).
(2) DETERMINATION AND REPORT.—For each government
identified pursuant to paragraph (1), the Secretary of State,
not later than 180 days after enactment of this Act, shall
make or update any determination of ‘‘significant progress’’
or ‘‘no significant progress’’ in meeting the minimum requirements of fiscal transparency, and make such determinations
publicly available in an annual ‘‘Fiscal Transparency Report’’
to be posted on the Department of State website: Provided,
That such report shall include the elements included under
this section in the explanatory statement described in section
4 in the matter preceding division A of Public Law 116–94.
(3) ASSISTANCE.—Not less than $7,000,000 of the funds
appropriated by this Act under the heading ‘‘Economic Support
Fund’’ shall be made available for programs and activities
to assist governments identified pursuant to paragraph (1) to

Applicability.

Reports.

Updates.

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Public
information.
Web posting.

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134 STAT. 1743

improve budget transparency and to support civil society
organizations in such countries that promote budget transparency.
(c) ANTI-KLEPTOCRACY AND HUMAN RIGHTS.—
(1) INELIGIBILITY.—
(A) Officials of foreign governments and their immediate family members about whom the Secretary of State
has credible information have been involved, directly or
indirectly, in significant corruption, including corruption
related to the extraction of natural resources, or a gross
violation of human rights, including the wrongful detention
of locally employed staff of a United States diplomatic
mission or a United States citizen or national, shall be
ineligible for entry into the United States.
(B) The Secretary shall also publicly or privately designate or identify the officials of foreign governments and
their immediate family members about whom the Secretary
has such credible information without regard to whether
the individual has applied for a visa.
(2) EXCEPTION.—Individuals shall not be ineligible for entry
into the United States pursuant to paragraph (1) if such entry
would further important United States law enforcement objectives or is necessary to permit the United States to fulfill
its obligations under the United Nations Headquarters Agreement: Provided, That nothing in paragraph (1) shall be construed to derogate from United States Government obligations
under applicable international agreements.
(3) WAIVER.—The Secretary may waive the application of
paragraph (1) if the Secretary determines that the waiver would
serve a compelling national interest or that the circumstances
which caused the individual to be ineligible have changed sufficiently.
(4) REPORT.—Not later than 30 days after enactment of
this Act, and every 90 days thereafter until September 30,
2021, the Secretary of State shall submit a report, including
a classified annex if necessary, to the appropriate congressional
committees and the Committees on the Judiciary describing
the information related to corruption or violation of human
rights concerning each of the individuals found ineligible in
the previous 12 months pursuant to paragraph (1)(A) as well
as the individuals who the Secretary designated or identified
pursuant to paragraph (1)(B), or who would be ineligible but
for the application of paragraph (2), a list of any waivers
provided under paragraph (3), and the justification for each
waiver.
(5) POSTING OF REPORT.—Any unclassified portion of the
report required under paragraph (4) shall be posted on the
Department of State website.
(6) CLARIFICATION.—For purposes of paragraphs (1), (4),
and (5), the records of the Department of State and of diplomatic and consular offices of the United States pertaining to
the issuance or refusal of visas or permits to enter the United
States shall not be considered confidential.
(d) EXTRACTION OF NATURAL RESOURCES.—
(1) ASSISTANCE.—Funds appropriated by this Act shall be
made available to promote and support transparency and
accountability of expenditures and revenues related to the

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8 USC 1182 note.

Determination.

Time periods.
Termination
date.
Classified
information.
List.

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134 STAT. 1744

PUBLIC LAW 116–260—DEC. 27, 2020

extraction of natural resources, including by strengthening
implementation and monitoring of the Extractive Industries
Transparency Initiative, implementing and enforcing section
8204 of the Food, Conservation, and Energy Act of 2008 (Public
Law 110–246; 122 Stat. 2052) and the amendments made by
such section, and to prevent the sale of conflict diamonds,
and provide technical assistance to promote independent audit
mechanisms and support civil society participation in natural
resource management.
(2) PUBLIC DISCLOSURE AND INDEPENDENT AUDITS.—(A) The
Secretary of the Treasury shall instruct the executive director
of each international financial institution that it is the policy
of the United States to use the voice and vote of the United
States to oppose any assistance by such institutions (including
any loan, credit, grant, or guarantee) to any country for the
extraction and export of a natural resource if the government
of such country has in place laws, regulations, or procedures
to prevent or limit the public disclosure of company payments
as required by United States law, and unless such government
has adopted laws, regulations, or procedures in the sector in
which assistance is being considered to meet the standards
included under this section in the explanatory statement
described in section 4 in the matter preceding division A of
Public Law 116–94.
(B) The requirements of subparagraph (A) shall not apply
to assistance for the purpose of building the capacity of such
government to meet the requirements of such subparagraph.
(e) FOREIGN ASSISTANCE WEBSITE.—Funds appropriated by this
Act under titles I and II, and funds made available for any independent agency in title III, as appropriate, shall be made available
to support the provision of additional information on United States
Government foreign assistance on the ‘‘ForeignAssistance.gov’’
website: Provided, That all Federal agencies funded under this
Act shall provide such information on foreign assistance, upon
request and in a timely manner, to the Department of State and
USAID.

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DEMOCRACY PROGRAMS

SEC. 7032. (a) FUNDING.—
(1) IN GENERAL.—Of the funds appropriated by this Act
under the headings ‘‘Development Assistance’’, ‘‘Economic Support Fund’’, ‘‘Democracy Fund’’, ‘‘Assistance for Europe, Eurasia
and Central Asia’’, and ‘‘International Narcotics Control and
Law Enforcement’’, not less than $2,417,000,000 shall be made
available for democracy programs.
(2) PROGRAMS.—Of the funds made available for democracy
programs under the headings ‘‘Economic Support Fund’’ and
‘‘Assistance for Europe, Eurasia and Central Asia’’ pursuant
to paragraph (1), not less than $102,040,000 shall be made
available to the Bureau of Democracy, Human Rights, and
Labor, Department of State, at not less than the amounts
specified for certain countries and regional programs designated
in the table under this section in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act).
(b) AUTHORITIES.—

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(1) AVAILABILITY.—Funds made available by this Act for
democracy programs pursuant to subsection (a) and under the
heading ‘‘National Endowment for Democracy’’ may be made
available notwithstanding any other provision of law, and with
regard to the National Endowment for Democracy (NED), any
regulation.
(2) BENEFICIARIES.—Funds made available by this Act for
the NED are made available pursuant to the authority of
the National Endowment for Democracy Act (title V of Public
Law 98–164), including all decisions regarding the selection
of beneficiaries.
(c) DEFINITION OF DEMOCRACY PROGRAMS.—For purposes of
funds appropriated by this Act, the term ‘‘democracy programs’’
means programs that support good governance, credible and
competitive elections, freedom of expression, association, assembly,
and religion, human rights, labor rights, independent media, and
the rule of law, and that otherwise strengthen the capacity of
democratic political parties, governments, nongovernmental
organizations and institutions, and citizens to support the development of democratic states and institutions that are responsive and
accountable to citizens.
(d) PROGRAM PRIORITIZATION.—Funds made available pursuant
to this section that are made available for programs to strengthen
government institutions shall be prioritized for those institutions
that demonstrate a commitment to democracy and the rule of law.
(e) RESTRICTION ON PRIOR APPROVAL.—With respect to the
provision of assistance for democracy programs in this Act, the
organizations implementing such assistance, the specific nature
of that assistance, and the participants in such programs shall
not be subject to the prior approval by the government of any
foreign country: Provided, That the Secretary of State, in coordination with the Administrator of the United States Agency for International Development, shall report to the Committees on Appropriations, not later than 120 days after enactment of this Act, detailing
steps taken by the Department of State and USAID to comply
with the requirements of this subsection.
(f) CONTINUATION OF CURRENT PRACTICES.—USAID shall continue to implement civil society and political competition and consensus building programs abroad with funds appropriated by this
Act in a manner that recognizes the unique benefits of grants
and cooperative agreements in implementing such programs.
(g) INFORMING THE NATIONAL ENDOWMENT FOR DEMOCRACY.—
The Assistant Secretary for Democracy, Human Rights, and Labor,
Department of State, and the Assistant Administrator for Democracy, Conflict, and Humanitarian Assistance, USAID, shall regularly inform the NED of democracy programs that are planned
and supported by funds made available by this Act and prior
Acts making appropriations for the Department of State, foreign
operations, and related programs.
(h) PROTECTION OF CIVIL SOCIETY ACTIVISTS AND JOURNALISTS.—Of the funds appropriated by this Act under the headings
‘‘Economic Support Fund’’ and ‘‘Democracy Fund’’, not less than
$25,000,000 shall be made available to support and protect civil
society activists and journalists who have been threatened, harassed, or attacked, including journalists affiliated with the United
States Agency for Global Media, consistent with the action plan
required under this section in the explanatory statement described

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Coordination.
Reports.
Compliance.

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PUBLIC LAW 116–260—DEC. 27, 2020

in section 4 (in the matter preceding division A of this consolidated
Act), and on the same terms and conditions of section 7032(i)
of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2018 (division K of Public Law 115–
141).
(i) INTERNATIONAL FREEDOM OF EXPRESSION.—
(1) OPERATIONS.—Funds appropriated by this Act under
the heading ‘‘Diplomatic Programs’’ shall be made available
for the Bureau of Democracy, Human Rights, and Labor,
Department of State, for the costs of administering programs
designed to promote and defend freedom of expression and
the independence of the media in countries where such freedom
and independence are restricted or denied.
(2) ASSISTANCE.—Of the funds appropriated by this Act
under the heading ‘‘Economic Support Fund’’, not less than
$15,000,000 shall be made available for programs that promote
and defend freedom of expression and the independence of
the media abroad: Provided, That such funds are in addition
to funds otherwise made available by this Act for such purposes,
and are intended to complement emergency and safety programs for civil society, including journalists and media outlets
at risk: Provided further, That such funds shall be subject
to prior consultation with, and the regular notification procedures of, the Committees on Appropriations.

Consultation.
Notification.

INTERNATIONAL RELIGIOUS FREEDOM

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Consultations.

Extension.

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SEC. 7033. (a) INTERNATIONAL RELIGIOUS FREEDOM OFFICE.—
Funds appropriated by this Act under the heading ‘‘Diplomatic
Programs’’ shall be made available for the Office of International
Religious Freedom, Department of State, including for support staff,
at not less than the amounts specified for such office in the table
under such heading in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated
Act).
(b) ASSISTANCE.—Funds appropriated by this Act under the
headings ‘‘Economic Support Fund’’, ‘‘Democracy Fund’’, and ‘‘International Broadcasting Operations’’ shall be made available for international religious freedom programs and funds appropriated by
this Act under the headings ‘‘International Disaster Assistance’’
and ‘‘Migration and Refugee Assistance’’ shall be made available
for humanitarian assistance for vulnerable and persecuted religious
minorities: Provided, That funds made available by this Act under
the headings ‘‘Economic Support Fund’’ and ‘‘Democracy Fund’’
pursuant to this section shall be the responsibility of the Ambassador-at-Large for International Religious Freedom, in consultation
with other relevant United States Government officials, and shall
be subject to prior consultation with the Committees on Appropriations.
(c) AUTHORITY.—Funds appropriated by this Act and prior Acts
making appropriations for the Department of State, foreign operations, and related programs under the heading ‘‘Economic Support
Fund’’ may be made available notwithstanding any other provision
of law for assistance for ethnic and religious minorities in Iraq
and Syria.
(d) DESIGNATION OF NON-STATE ACTORS.—Section 7033(e) of
the Department of State, Foreign Operations, and Related Programs

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134 STAT. 1747

Appropriations Act, 2017 (division J of Public Law 115–31) shall
continue in effect during fiscal year 2021.

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SPECIAL PROVISIONS

SEC. 7034. (a) VICTIMS OF WAR, DISPLACED CHILDREN, AND
DISPLACED BURMESE.—Funds appropriated in title III 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 $15,500,000 shall be
made available for forensic anthropology assistance related to
the exhumation and identification of victims of war crimes,
crimes against humanity, and genocide, including in Central
America, 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

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Recommendations.

Notification.

Notification.

PUBL260A

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Consultation.
Notification.

Consultation.
Notification.

Deadline.
Federal Register,
publication.
Consultation.

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Notification.

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PUBLIC LAW 116–260—DEC. 27, 2020

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.
(f) PARTNER VETTING.—Prior to initiating a partner vetting
program, or making a significant change 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.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1749

(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 title III 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 terms and
conditions of section 7034(k) 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.
(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.

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Compliance.

Reports.

Deadline.

Consultation.
Notification.

Extension.

Applicability.
22 USC 214 note.

Applicability.
22 USC 2385
note.

PUBL260A

134 STAT. 1750

Afghanistan.
Notification.
Requirements.
22 USC 4831
note.

Time period.

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Extension.
8 USC 1715 note.

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PUBLIC LAW 116–260—DEC. 27, 2020
(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 twothirds 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—

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1751

(A) in the heading, by striking ‘‘2015 THROUGH 2020’’
and inserting ‘‘2015 THROUGH 2021’’;
(B) in the matter preceding clause (i), in the first
sentence, by striking ‘‘shall’’ and all that follows through
the period at the end, and inserting ‘‘shall not exceed
26,500.’’; and
(C) in clauses (i) and (ii), by striking ‘‘December 31,
2021’’ and inserting ‘‘December 31, 2022’’.
(m) MONITORING AND EVALUATION.—
(1) BENEFICIARY FEEDBACK.—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 be made available for the regular and
systematic 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 and systematically 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.
(2) EX-POST EVALUATIONS.—Of the funds appropriated by
this Act under titles III and IV, not less than $10,000,000
shall be made available for ex-post evaluations consistent with
the requirements under this heading in the explanatory statement described in section 4 (in the matter preceding division
A of this consolidated Act).
(n) 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 child survival, malaria, tuberculosis, and emerging infectious
diseases 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.
(o) 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

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Web posting.
Procedures.
Guidelines.

Oversight.

Notification.

Records.

Jordan.
Egypt.
Tunisia.
Ukraine.

PUBL260A

134 STAT. 1752

Fees.

North Atlantic
Treaty
Organization.

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Deadline.
Time period.
Determination.

Requirement.
Time period.

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PUBLIC LAW 116–260—DEC. 27, 2020
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) FOREIGN MILITARY FINANCING DIRECT LOANS.—During
fiscal year 2021, direct loans under section 23 of the Arms
Export Control Act may be made available for Jordan, notwithstanding section 23(c)(1) of the Arms Export Control Act, gross
obligations for the principal amounts of which shall not exceed
$4,000,000,000: Provided, That funds appropriated under the
heading ‘‘Foreign Military Financing Program’’ in 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 such loans: Provided further, That such
costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974
and may include the costs of selling, reducing, or cancelling
any amounts owed to the United States or any agency of
the United States: Provided further, That the Government of
the United States may charge fees for such loans, which shall
be collected from borrowers in accordance with section 502(7)
of the Congressional Budget Act of 1974: Provided further,
That no funds made available to the North Atlantic Treaty
Organization (NATO) or major non-NATO allies by this or
any other appropriations Act for this fiscal year or prior fiscal
years may be used for payment of any fees associated with
such loans: Provided further, That such loans shall be repaid
in not more than 12 years, including a grace period of up
to one year on repayment of principal: Provided further, That
notwithstanding section 23(c)(1) of the Arms Export Control
Act, interest for such loans may be charged at a rate determined
by the Secretary of State, except that such rate may not be
less than the prevailing interest rate on marketable Treasury
securities of similar maturity: Provided further, That amounts
made available under this paragraph for such costs shall not
be considered assistance for the purposes of provisions of law
limiting assistance to a country.
(3) FOREIGN MILITARY FINANCING LOAN GUARANTEES.—
Funds appropriated under the heading ‘‘Foreign Military
Financing Program’’ in this Act and prior Acts making appropriations for the Department of State, foreign operations, and
related programs may be made available, notwithstanding the
third proviso under such heading, for the costs of loan guarantees under section 24 of the Arms Export Control Act for
Jordan, which are authorized to be provided: Provided, That
such funds are available to subsidize gross obligations for the
principal amount of commercial loans, and total loan principal,
any part of which is to be guaranteed, not to exceed
$4,000,000,000: Provided further, That no loan guarantee with
respect to any one borrower may exceed 80 percent of the
loan principal: Provided further, That any loan guaranteed
under this paragraph may not be subordinated to another debt
contracted by the borrower or to any other claims against
the borrower in the case of default: Provided further, That
repayment in United States dollars of any loan guaranteed

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1753

under this paragraph shall be required within a period not
to exceed 12 years after the loan agreement is signed: Provided
further, That the Government of the United States may charge
fees for such loan guarantees, as may be determined, notwithstanding section 24 of the Arms Export Control Act, which
shall be collected from borrowers or third parties on behalf
of such borrowers in accordance with section 502(7) of the
Congressional Budget Act of 1974: Provided further, 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.
(4) DESIGNATION REQUIREMENT.—Funds made available
pursuant to paragraphs (1) through (3) 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.
(5) 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.
(p) LOCAL WORKS.—
(1) FUNDING.—Of the funds appropriated by this Act under
the headings ‘‘Development Assistance’’ and ‘‘Economic Support
Fund’’, not less than $55,000,000 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.
(q) 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.

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Fees.
Determination.

Definition.
Time period.
22 USC 2152i
note.

8 USC 1182 note.

PUBL260A

134 STAT. 1754
22 USC 262h
note.

22 USC 2152i
note.
1 USC 1 note.

PUBLIC LAW 116–260—DEC. 27, 2020
(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) 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.
(5) 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.
(6) USAID.—In this Act, the term ‘‘USAID’’ means the
United States Agency for International Development.
(7) THIS ACT.—Except as expressly provided otherwise, any
reference to ‘‘this Act’’ contained in titles I through VII shall
be treated as referring only to the provisions of such titles.

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LAW ENFORCEMENT AND SECURITY

SEC. 7035. (a) ASSISTANCE.—
(1) COMMUNITY-BASED POLICE ASSISTANCE.—Funds made
available under titles III and IV of this Act to carry out the
provisions of chapter 1 of part I and chapters 4 and 6 of
part II of the Foreign Assistance Act of 1961, may be used,
notwithstanding section 660 of that Act, to enhance the
effectiveness and accountability of civilian police authority
through training and technical assistance in human rights,
the rule of law, anti-corruption, strategic planning, and through
assistance to foster civilian police roles that support democratic
governance, including assistance for programs to prevent conflict, respond to disasters, address gender-based violence, and
foster improved police relations with the communities they
serve.
(2) COUNTERTERRORISM PARTNERSHIPS FUND.—Funds
appropriated by this Act under the heading ‘‘Nonproliferation,
Anti-terrorism, Demining and Related Programs’’ shall be made
available for the Counterterrorism Partnerships Fund for programs in areas liberated from, under the influence of, or
adversely affected by, the Islamic State of Iraq and Syria or

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134 STAT. 1755

other terrorist organizations: Provided, That such areas shall
include the Kurdistan Region of Iraq: Provided further, That
prior to the obligation of funds made available pursuant to
this paragraph, the Secretary of State shall take all practicable
steps to ensure that mechanisms are in place for monitoring,
oversight, and control of such funds: Provided further, That
funds made available pursuant to this paragraph shall be subject to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.
(3) COMBAT CASUALTY CARE.—
(A) Consistent with the objectives of the Foreign Assistance Act of 1961 and the Arms Export Control Act, funds
appropriated by this Act under the headings ‘‘Peacekeeping
Operations’’ and ‘‘Foreign Military Financing Program’’
shall be made available for combat casualty training and
equipment consistent with prior fiscal years.
(B) The Secretary of State shall offer combat casualty
care training and equipment as a component of any package
of lethal assistance funded by this Act with funds appropriated under the headings ‘‘Peacekeeping Operations’’ and
‘‘Foreign Military Financing Program’’: Provided, That the
requirement of this subparagraph shall apply to a country
in conflict, unless the Secretary determines that such
country has in place, to the maximum extent practicable,
functioning combat casualty care treatment and equipment
that meets or exceeds the standards recommended by the
Committee on Tactical Combat Casualty Care: Provided
further, That any such training and equipment for combat
casualty care shall be made available through an open
and competitive process.
(4) TRAINING RELATED TO INTERNATIONAL HUMANITARIAN
LAW.—The Secretary of State shall offer training related to
the requirements of international humanitarian law as a component of any package of lethal assistance funded by this Act
with funds appropriated under the headings ‘‘Peacekeeping
Operations’’ and ‘‘Foreign Military Financing Program’’: Provided, That the requirement of this paragraph shall not apply
to a country that is a member of the North Atlantic Treaty
Organization (NATO), is a major non-NATO ally designated
by section 517(b) of the Foreign Assistance Act of 1961, or
is complying with international humanitarian law: Provided
further, That any such training shall be made available through
an open and competitive process.
(5) SECURITY FORCE PROFESSIONALIZATION.—Funds appropriated by this Act under the headings ‘‘International Narcotics
Control and Law Enforcement’’ and ‘‘Peacekeeping Operations’’
shall be made available to increase the capacity of foreign
military and law enforcement personnel to operate in accordance with appropriate standards relating to human rights and
the protection of civilians in the manner specified under this
section in Senate Report 116–126, following consultation with
the Committees on Appropriations: Provided, That funds made
available pursuant to this paragraph shall be made available
through an open and competitive process.
(6) GLOBAL SECURITY CONTINGENCY FUND.—Notwithstanding any other provision of this Act, up to $7,500,000

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Iraq.

Consultation.
Notification.

Applicability.
Determination.

Consultation.

Transfer
authority.
Notification.

PUBL260A

134 STAT. 1756

Consultation.
Deadline.

Extension.

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Notification.
President.
Determination.

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PUBLIC LAW 116–260—DEC. 27, 2020
from funds appropriated by this Act under the headings ‘‘Peacekeeping Operations’’ and ‘‘Foreign Military Financing Program’’
may be transferred to, and merged with, funds previously made
available under the heading ‘‘Global Security Contingency
Fund’’, subject to the regular notification procedures of the
Committees on Appropriations.
(7) INTERNATIONAL PRISON CONDITIONS.—Of the funds
appropriated by this Act under the headings ‘‘Development
Assistance’’, ‘‘Economic Support Fund’’, and ‘‘International Narcotics Control and Law Enforcement’’, not less than $7,500,000
shall be made available for assistance to eliminate inhumane
conditions in foreign prisons and other detention facilities, notwithstanding section 660 of the Foreign Assistance Act of 1961:
Provided, That the Secretary of State and the USAID Administrator shall consult with the Committees on Appropriations
on the proposed uses of such funds prior to obligation and
not later than 60 days after enactment of this Act: Provided
further, That such funds shall be in addition to funds otherwise
made available by this Act for such purpose.
(b) AUTHORITIES.—
(1) RECONSTITUTING CIVILIAN POLICE AUTHORITY.—In providing assistance with funds appropriated by this Act under
section 660(b)(6) of the Foreign Assistance Act of 1961, support
for a nation emerging from instability may be deemed to mean
support for regional, district, municipal, or other sub-national
entity emerging from instability, as well as a nation emerging
from instability.
(2) DISARMAMENT, DEMOBILIZATION, AND REINTEGRATION.—
Section 7034(d) of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2015 (division J
of Public Law 113–235) shall continue in effect during fiscal
year 2021.
(3) EXTENSION OF WAR RESERVES STOCKPILE AUTHORITY.—
(A) Section 12001(d) of the Department of Defense
Appropriations Act, 2005 (Public Law 108–287; 118 Stat.
1011) is amended by striking ‘‘of this section’’ and all
that follows through the period at the end and inserting
‘‘of this section after September 30, 2023.’’.
(B) Section 514(b)(2)(A) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2321h(b)(2)(A)) is amended by striking
‘‘and 2021’’ and inserting ‘‘2021, 2022, and 2023’’.
(4) COMMERCIAL LEASING OF DEFENSE ARTICLES.—Notwithstanding any other provision of law, and subject to the regular
notification procedures of the Committees on Appropriations,
the authority of section 23(a) of the Arms Export Control Act
(22 U.S.C. 2763) may be used to provide financing to Israel,
Egypt, the North Atlantic Treaty Organization (NATO), and
major non-NATO allies for the procurement by leasing
(including leasing with an option to purchase) of defense articles
from United States commercial suppliers, not including Major
Defense Equipment (other than helicopters and other types
of aircraft having possible civilian application), if the President
determines that there are compelling foreign policy or national
security reasons for those defense articles being provided by
commercial lease rather than by government-to-government
sale under such Act.

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134 STAT. 1757

(5) SPECIAL DEFENSE ACQUISITION FUND.—Not to exceed
$900,000,000 may be obligated pursuant to section 51(c)(2)
of the Arms Export Control Act (22 U.S.C. 2795(c)(2)) for the
purposes of the Special Defense Acquisition Fund (the Fund),
to remain available for obligation until September 30, 2023:
Provided, That the provision of defense articles and defense
services to foreign countries or international organizations from
the Fund shall be subject to the concurrence of the Secretary
of State.
(6) PUBLIC DISCLOSURE.—For the purposes of funds appropriated by this Act and prior Acts making appropriations for
the Department of State, foreign operations, and related programs that are made available for assistance for units of foreign
security forces, the term ‘‘to the maximum extent practicable’’
in section 620M(d)(7) of the Foreign Assistance Act of 1961
(22 U.S.C. 2378d) means that the identity of such units shall
be made publicly available unless the Secretary of State, on
a case-by-case basis, determines and reports to the appropriate
congressional committees that non-disclosure is in the national
security interest of the United States: Provided, That any such
determination shall include a detailed justification, and may
be submitted in classified form.
(7) DUTY TO INFORM.—
(A) COMPLIANCE.—If assistance to a foreign security
force is provided in a manner in which the recipient unit
or units cannot be identified prior to the transfer of assistance, the Secretary of State shall regularly provide a list
of units prohibited from receiving such assistance pursuant
to section 620M of the Foreign Assistance Act of 1961
to the recipient government, and such assistance shall be
made available subject to a written agreement that the
recipient government will comply with such prohibition:
Provided, That such requirement regarding a written
agreement shall take effect not later than December 31,
2021.
(B) IMPLEMENTATION PLAN.—Not later than 120 days
after enactment of this Act, the Secretary of State shall
submit an implementation plan to the Committees on
Appropriations including a timeline and mechanisms for
executing such agreements by December 31, 2021: Provided, That the Secretary of State shall consult with the
Committees on Appropriations prior to submitting such
plan.
(c) LIMITATIONS.—
(1) CHILD SOLDIERS.—Funds appropriated by this Act
should not be used to support any military training or operations that include child soldiers.
(2) LANDMINES AND CLUSTER MUNITIONS.—
(A) LANDMINES.—Notwithstanding any other provision
of law, demining equipment available to the United States
Agency for International Development and the Department
of State and used in support of the clearance of landmines
and unexploded ordnance for humanitarian purposes may
be disposed of on a grant basis in foreign countries, subject
to such terms and conditions as the Secretary of State
may prescribe.

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Definition.
Determination.
Reports.

List.

Effective date.

Deadline.
Timeline.

Consultation.

PUBL260A

134 STAT. 1758

Classified
information.
Appendices.

Determination.

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Definition.

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PUBLIC LAW 116–260—DEC. 27, 2020
(B) CLUSTER MUNITIONS.—No military assistance shall
be furnished for cluster munitions, no defense export
license for cluster munitions may be issued, and no cluster
munitions or cluster munitions technology shall be sold
or transferred, unless—
(i) the submunitions of the cluster munitions, after
arming, do not result in more than 1 percent
unexploded ordnance across the range of intended operational environments, and the agreement applicable
to the assistance, transfer, or sale of such cluster munitions or cluster munitions technology specifies that
the cluster munitions will only be used against clearly
defined military targets and will not be used where
civilians are known to be present or in areas normally
inhabited by civilians; or
(ii) such assistance, license, sale, or transfer is
for the purpose of demilitarizing or permanently disposing of such cluster munitions.
(3) CONGRESSIONAL BUDGET JUSTIFICATIONS.—Of the funds
realized pursuant to section 21(e)(1)(A) of the Arms Export
Control Act and made available for obligation for expenses
incurred by the Department of Defense, Defense Security
Cooperation Agency (DSCA) during fiscal year 2021 pursuant
to section 43(b) of the Arms Export Control Act (22 U.S.C.
2792(b)), $25,000,000 shall be withheld from obligation until
the DSCA, jointly with the Department of State, submits to
the Committees on Appropriations the congressional budget
justification for funds requested under the heading ‘‘Foreign
Military Financing Program’’ for fiscal years 2021 and 2022,
including the accompanying classified appendices.
(4) CROWD CONTROL ITEMS.—Funds appropriated by this
Act should not be used for tear gas, small arms, light weapons,
ammunition, or other items for crowd control purposes for
foreign security forces that use excessive force to repress peaceful expression, association, or assembly in countries that the
Secretary of State determines are undemocratic or are undergoing democratic transitions.
(d) REPORTS.—
(1) SECURITY ASSISTANCE REPORT.—Not later than 120 days
after enactment of this Act, the Secretary of State shall submit
to the Committees on Appropriations a report on funds obligated and expended during fiscal year 2020, by country and
purpose of assistance, under the headings ‘‘Peacekeeping Operations’’, ‘‘International Military Education and Training’’, and
‘‘Foreign Military Financing Program’’.
(2) ANNUAL FOREIGN MILITARY TRAINING REPORT.—For the
purposes of implementing section 656 of the Foreign Assistance
Act of 1961, the term ‘‘military training provided to foreign
military personnel by the Department of Defense and the
Department of State’’ shall be deemed to include all military
training provided by foreign governments with funds appropriated to the Department of Defense or the Department of
State, except for training provided by the government of a
country designated by section 517(b) of such Act (22 U.S.C.
2321k(b)) as a major non-North Atlantic Treaty Organization
ally: Provided, That such third-country training shall be clearly

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1759

identified in the report submitted pursuant to section 656 of
such Act.
ARAB LEAGUE BOYCOTT OF ISRAEL

SEC. 7036. It is the sense of the Congress that—
(1) the Arab League boycott of Israel, and the secondary
boycott of American firms that have commercial ties with Israel,
is an impediment to peace in the region and to United States
investment and trade in the Middle East and North Africa;
(2) the Arab League boycott, which was regrettably
reinstated in 1997, should be immediately and publicly terminated, and the Central Office for the Boycott of Israel immediately disbanded;
(3) all Arab League states should normalize relations with
their neighbor Israel;
(4) the President and the Secretary of State should continue
to vigorously oppose the Arab League boycott of Israel and
find concrete steps to demonstrate that opposition by, for
example, taking into consideration the participation of any
recipient country in the boycott when determining to sell
weapons to said country; and
(5) the President should report to Congress annually on
specific steps being taken by the United States to encourage
Arab League states to normalize their relations with Israel
to bring about the termination of the Arab League boycott
of Israel, including those to encourage allies and trading partners of the United States to enact laws prohibiting businesses
from complying with the boycott and penalizing businesses
that do comply.

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PALESTINIAN STATEHOOD

SEC. 7037. (a) LIMITATION ON ASSISTANCE.—None of the funds
appropriated under titles III through VI of this Act may be provided
to support a Palestinian state unless the Secretary of State determines and certifies to the appropriate congressional committees
that—
(1) the governing entity of a new Palestinian state—
(A) has demonstrated a firm commitment to peaceful
co-existence with the State of Israel; and
(B) is taking appropriate measures to counter terrorism
and terrorist financing in the West Bank and Gaza,
including the dismantling of terrorist infrastructures, and
is cooperating with appropriate Israeli and other appropriate security organizations; and
(2) the Palestinian Authority (or the governing entity of
a new Palestinian state) is working with other countries in
the region to vigorously pursue efforts to establish a just,
lasting, and comprehensive peace in the Middle East that will
enable Israel and an independent Palestinian state to exist
within the context of full and normal relationships, which
should include—
(A) termination of all claims or states of belligerency;
(B) respect for and acknowledgment of the sovereignty,
territorial integrity, and political independence of every
state in the area through measures including the establishment of demilitarized zones;

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Determination.
Certification.

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134 STAT. 1760

President.
Determination.

PUBLIC LAW 116–260—DEC. 27, 2020

(C) their right to live in peace within secure and recognized boundaries free from threats or acts of force;
(D) freedom of navigation through international waterways in the area; and
(E) a framework for achieving a just settlement of
the refugee problem.
(b) SENSE OF CONGRESS.—It is the sense of Congress that
the governing entity should enact a constitution assuring the rule
of law, an independent judiciary, and respect for human rights
for its citizens, and should enact other laws and regulations
assuring transparent and accountable governance.
(c) WAIVER.—The President may waive subsection (a) if the
President determines that it is important to the national security
interest of the United States to do so.
(d) EXEMPTION.—The restriction in subsection (a) shall not
apply to assistance intended to help reform the Palestinian
Authority and affiliated institutions, or the governing entity, in
order to help meet the requirements of subsection (a), consistent
with the provisions of section 7040 of this Act (‘‘Limitation on
Assistance for the Palestinian Authority’’).
PROHIBITION ON ASSISTANCE TO THE PALESTINIAN BROADCASTING
CORPORATION

SEC. 7038. None of the funds appropriated or otherwise made
available by this Act may be used to provide equipment, technical
support, consulting services, or any other form of assistance to
the Palestinian Broadcasting Corporation.
ASSISTANCE FOR THE WEST BANK AND GAZA

Deadline.
Certification.
Procedures.
Records.
Review.

Terrorism.
Determinations.

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Termination.

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SEC. 7039. (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
entity’s 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.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1761

(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 nonFederal 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.

Determination.

Compliance.

Audits.
Contracts.
Grants.
Deadline.

Investigations.

Investigation.
Time period.

Compliance.
Examination.

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LIMITATION ON ASSISTANCE FOR THE PALESTINIAN AUTHORITY

SEC. 7040. (a) PROHIBITION OF FUNDS.—None of the funds
appropriated by this Act to carry out the provisions of chapter
4 of part II of the Foreign Assistance Act of 1961 may be obligated

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President.

PUBL260A

134 STAT. 1762

Certification.

Reports.

Certification.
Reports.
Compliance.

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Reports.
Time period.
Compliance.

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PUBLIC LAW 116–260—DEC. 27, 2020

or expended with respect to providing funds to the Palestinian
Authority.
(b) WAIVER.—The prohibition included in subsection (a) shall
not apply if the President certifies in writing to the Speaker of
the House of Representatives, the President pro tempore of the
Senate, and the Committees on Appropriations that waiving such
prohibition is important to the national security interest of the
United States.
(c) PERIOD OF APPLICATION OF WAIVER.—Any waiver pursuant
to subsection (b) shall be effective for no more than a period of
6 months at a time and shall not apply beyond 12 months after
the enactment of this Act.
(d) REPORT.—Whenever the waiver authority pursuant to subsection (b) is exercised, the President shall submit a report to
the Committees on Appropriations detailing the justification for
the waiver, the purposes for which the funds will be spent, and
the accounting procedures in place to ensure that the funds are
properly disbursed: Provided, That the report shall also detail the
steps the Palestinian Authority has taken to arrest terrorists, confiscate weapons and dismantle the terrorist infrastructure.
(e) CERTIFICATION.—If the President exercises the waiver
authority under subsection (b), the Secretary of State must certify
and report to the Committees on Appropriations prior to the obligation of funds that the Palestinian Authority has established a
single treasury account for all Palestinian Authority financing and
all financing mechanisms flow through this account, no parallel
financing mechanisms exist outside of the Palestinian Authority
treasury account, and there is a single comprehensive civil service
roster and payroll, and the Palestinian Authority is acting to
counter incitement of violence against Israelis and is supporting
activities aimed at promoting peace, coexistence, and security
cooperation with Israel.
(f) PROHIBITION TO HAMAS AND THE PALESTINE LIBERATION
ORGANIZATION.—
(1) None of the funds appropriated in titles III through
VI of this Act may be obligated for salaries of personnel of
the Palestinian Authority located in Gaza or may be obligated
or expended for assistance to Hamas or any entity effectively
controlled by Hamas, any power-sharing government of which
Hamas is a member, or that results from an agreement with
Hamas and over which Hamas exercises undue influence.
(2) Notwithstanding the limitation of paragraph (1), assistance may be provided to a power-sharing government only
if the President certifies and reports to the Committees on
Appropriations that such government, including all of its ministers or such equivalent, has publicly accepted and is complying
with the principles contained in section 620K(b)(1) (A) and
(B) of the Foreign Assistance Act of 1961, as amended.
(3) The President may exercise the authority in section
620K(e) of the Foreign Assistance Act of 1961, as added by
the Palestinian Anti-Terrorism Act of 2006 (Public Law 109–
446) with respect to this subsection.
(4) Whenever the certification pursuant to paragraph (2)
is exercised, the Secretary of State shall submit a report to
the Committees on Appropriations within 120 days of the certification and every quarter thereafter on whether such government, including all of its ministers or such equivalent are

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134 STAT. 1763

continuing to comply with the principles contained in section
620K(b)(1) (A) and (B) of the Foreign Assistance Act of 1961,
as amended: Provided, That the report shall also detail the
amount, purposes and delivery mechanisms for any assistance
provided pursuant to the abovementioned certification and a
full accounting of any direct support of such government.
(5) None of the funds appropriated under titles III through
VI of this Act may be obligated for assistance for the Palestine
Liberation Organization.

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MIDDLE EAST AND NORTH AFRICA

SEC. 7041. (a) EGYPT.—
(1) CERTIFICATION AND REPORT.—Funds appropriated by
this Act that are available for assistance for Egypt may be
made available notwithstanding any other provision of law
restricting assistance for Egypt, except for this subsection and
section 620M of the Foreign Assistance Act of 1961, and may
only be made available for assistance for the Government of
Egypt if the Secretary of State certifies and reports to the
Committees on Appropriations that such government is—
(A) sustaining the strategic relationship with the
United States; and
(B) meeting its obligations under the 1979 Egypt-Israel
Peace Treaty.
(2) ECONOMIC SUPPORT FUND.—Of the funds appropriated
by this Act under the heading ‘‘Economic Support Fund’’, not
less than $125,000,000 shall be made available for assistance
for Egypt, of which $40,000,000 should be made available for
higher education programs, including not less than $15,000,000
for scholarships for Egyptian students with high financial need
to attend not-for-profit institutions of higher education in Egypt
that are currently accredited by a regional accrediting agency
recognized by the United States Department of Education, or
meets standards equivalent to those required for United States
institutional accreditation by a regional accrediting agency recognized by such Department: Provided, That such funds shall
be made available for democracy programs, and for development
programs in the Sinai: Provided further, That such funds may
not be made available for cash transfer assistance or budget
support unless the Secretary of State certifies and reports to
the appropriate congressional committees that the Government
of Egypt is taking consistent and effective steps to stabilize
the economy and implement market-based economic reforms.
(3) FOREIGN MILITARY FINANCING PROGRAM.—
(A) CERTIFICATION.—Of the funds appropriated by this
Act under the heading ‘‘Foreign Military Financing Program’’, $1,300,000,000, to remain available until September
30, 2022, should be made available for assistance for Egypt:
Provided, That such funds may be transferred to an interest
bearing account in the Federal Reserve Bank of New York,
following consultation with the Committees on Appropriations, and the uses of any interest earned on such funds
shall be subject to the regular notification procedures of
the Committees on Appropriations: Provided further, That
$225,000,000 of such funds shall be withheld from obligation until the Secretary of State certifies and reports to

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Certification.
Reports.

Consultation.
Notification.

Certification.
Reports.
Human rights.

PUBL260A

134 STAT. 1764

Determination.
Reports.

Determination.
Reports.
Political
prisoners.

April Corley.

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Reports.
Time period.
Termination
date.

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the Committees on Appropriations that the Government
of Egypt is taking sustained and effective steps to—
(i) strengthen the rule of law, democratic institutions, and human rights in Egypt, including to protect
religious minorities and the rights of women, which
are in addition to steps taken during the previous
calendar year for such purposes;
(ii) implement reforms that protect freedoms of
expression, association, and peaceful assembly,
including the ability of civil society organizations,
human rights defenders, and the media to function
without interference;
(iii) hold Egyptian security forces accountable,
including officers credibly alleged to have violated
human rights;
(iv) investigate and prosecute cases of extrajudicial
killings and forced disappearances; and
(v) provide regular access for United States officials to monitor such assistance in areas where the
assistance is used:
Provided further, That the certification requirement of this
paragraph shall not apply to funds appropriated by this
Act under such heading for counterterrorism, border security, and nonproliferation programs for Egypt.
(B) WAIVER.—The Secretary of State may waive the
certification requirement in subparagraph (A) if the Secretary determines and reports to the Committees on Appropriations that to do so is important to the national security
interest of the United States, and submits a report to
such Committees containing a detailed justification for the
use of such waiver and the reasons why any of the requirements of subparagraph (A) cannot be met: Provided, That
the report required by this paragraph shall be submitted
in unclassified form, but may be accompanied by a classified annex.
(C) In addition to the funds withheld pursuant to
subparagraph (A), $75,000,000 of the funds made available
pursuant to this paragraph shall be withheld from obligation until the Secretary of State determines and reports
to the Committees on Appropriations that the Government
of Egypt is making clear and consistent progress in
releasing political prisoners and providing detainees with
due process of law.
(4) SEPTEMBER 13, 2015, ATTACK.—The Secretary of State
shall encourage good faith negotiations between the relevant
parties regarding the September 13, 2015, attack against a
tour group by the Egyptian military during which American
April Corley was injured: Provided, That in lieu of the reporting
requirement under section 7041(a)(4) of the Department of
State, Foreign Operations, and Related Programs Appropriations Act, 2020 (division G of Public Law 116–94), the Secretary
of State shall report to the Committees on Appropriations on
the status of such negotiations not later than 60 days after
enactment of this Act and every 90 days thereafter until September 30, 2021.
(b) IRAN.—

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134 STAT. 1765

(1) FUNDING.—Funds appropriated by this Act under the
headings ‘‘Diplomatic Programs’’, ‘‘Economic Support Fund’’,
and ‘‘Nonproliferation, Anti-terrorism, Demining and Related
Programs’’ shall be made available for the programs and activities described under this section in House Report 116–444.
(2) REPORTS.—
(A) SEMI-ANNUAL REPORT.—The Secretary of State shall
submit to the Committees on Appropriations the semiannual report required by section 135(d)(4) of the Atomic
Energy Act of 1954 (42 U.S.C. 2160e(d)(4)), as added by
section 2 of the Iran Nuclear Agreement Review Act of
2015 (Public Law 114–17).
(B) SANCTIONS REPORT.—Not later than 180 days after
the date of enactment of this Act, the Secretary of State,
in consultation with the Secretary of the Treasury, shall
submit to the appropriate congressional committees a
report on—
(i) the status of United States bilateral sanctions
on Iran;
(ii) the reimposition and renewed enforcement of
secondary sanctions; and
(iii) the impact such sanctions have had on Iran’s
destabilizing activities throughout the Middle East.
(c) IRAQ.—
(1) PURPOSES.—Funds appropriated under titles III and
IV of this Act shall be made available for assistance for Iraq
for—
(A) bilateral economic assistance and international
security assistance, including in the Kurdistan Region of
Iraq;
(B) stabilization assistance, including in Anbar Province;
(C) justice sector strengthening;
(D) humanitarian assistance, including in the
Kurdistan Region of Iraq; and
(E) programs to protect and assist religious and ethnic
minority populations in Iraq, including as described under
this section in House Report 116–444.
(2) UNITED STATES CONSULATE GENERAL BASRAH.—Any
change in the status of operations at United States Consulate
General Basrah, including the return of Consulate property
located adjacent to the Basrah International Airport to the
Government of Iraq, shall be subject to prior consultation with
the appropriate congressional committees and the regular
notification procedures of the Committees on Appropriations.
(3) BASING RIGHTS AGREEMENT.—None of the funds appropriated or otherwise made available by this Act may be used
by the Government of the United States to enter into a permanent basing rights agreement between the United States and
Iraq.
(d) JORDAN.—Of the funds appropriated by this Act under titles
III and IV, not less than $1,650,000,000 shall be made available
for assistance for Jordan, of which: not less than $845,100,000
shall be made available for budget support for the Government
of Jordan; not less than $10,000,000 shall be made available for
programs and activities for which policy justifications and decisions
shall be the responsibility of the United States Chief of Mission

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Consultation.
Notification.

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Consultation.

Terrorism.

Spend plan.
Deadline.

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Notification.

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in Jordan; and not less than $425,000,000 shall be made available
under the heading ‘‘Foreign Military Financing Program’’.
(e) LEBANON.—
(1) ASSISTANCE.—Funds appropriated under titles III and
IV of this Act shall be made available for assistance for Lebanon: Provided, That such funds made available under the
heading ‘‘Economic Support Fund’’ may be made available notwithstanding section 1224 of the Foreign Relations Authorization Act, Fiscal Year 2003 (Public Law 107–228; 22 U.S.C.
2346 note).
(2) SECURITY ASSISTANCE.—
(A) Funds appropriated by this Act under the headings
‘‘International Narcotics Control and Law Enforcement’’
and ‘‘Foreign Military Financing Program’’ that are made
available for assistance for Lebanon may be made available
for programs and equipment for the Lebanese Internal
Security Forces (ISF) and the Lebanese Armed Forces
(LAF) to address security and stability requirements in
areas affected by conflict in Syria, following consultation
with the appropriate congressional committees.
(B) Funds appropriated by this Act under the heading
‘‘Foreign Military Financing Program’’ that are made available for assistance for Lebanon may only be made available
for programs to—
(i) professionalize the LAF to mitigate internal
and external threats from non-state actors, including
Hizballah;
(ii) strengthen border security and combat terrorism, including training and equipping the LAF to
secure the borders of Lebanon and address security
and stability requirements in areas affected by conflict
in Syria, interdicting arms shipments, and preventing
the use of Lebanon as a safe haven for terrorist groups;
and
(iii) implement United Nations Security Council
Resolution 1701:
Provided, That prior to obligating funds made available
by this subparagraph for assistance for the LAF, the Secretary of State shall submit to the Committees on Appropriations a spend plan, including actions to be taken to
ensure equipment provided to the LAF is used only for
the intended purposes, except such plan may not be considered as meeting the notification requirements under section
7015 of this Act or under section 634A of the Foreign
Assistance Act of 1961, and shall be submitted not later
than June 1, 2021: Provided further, That any notification
submitted pursuant to such section shall include any funds
specifically intended for lethal military equipment.
(3) LIMITATION.—None of the funds appropriated by this
Act may be made available for the ISF or the LAF if the
ISF or the LAF is controlled by a foreign terrorist organization,
as designated pursuant to section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189).
(f) LIBYA.—

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134 STAT. 1767

(1) ASSISTANCE.—Funds appropriated under titles III and
IV of this Act shall be made available for stabilization assistance for Libya, including support for a United Nations-facilitated political process and border security: Provided, That the
limitation on the uses of funds for certain infrastructure
projects in section 7041(f)(2) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2014
(division K of Public Law 113–76) shall apply to such funds.
(2) CERTIFICATION.—Prior to the initial obligation of funds
made available by this Act for assistance for Libya, the Secretary of State shall certify and report to the Committees
on Appropriations that all practicable steps have been taken
to ensure that mechanisms are in place for monitoring, oversight, and control of such funds.
(g) MOROCCO.—
(1) AVAILABILITY AND CONSULTATION REQUIREMENT.—Funds
appropriated under title III of this Act shall be made available
for assistance for the Western Sahara: Provided, That not later
than 90 days after enactment of this Act and prior to the
obligation of such funds, the Secretary of State, in consultation
with the Administrator of the United States Agency for International Development, shall consult with the Committees on
Appropriations on the proposed uses of such funds.
(2) FOREIGN MILITARY FINANCING PROGRAM.—Funds appropriated by this Act under the heading ‘‘Foreign Military
Financing Program’’ that are available for assistance for
Morocco may only be used for the purposes requested in the
Congressional Budget Justification, Foreign Operations, Fiscal
Year 2017.
(h) SAUDI ARABIA.—
(1) INTERNATIONAL MILITARY EDUCATION AND TRAINING.—
None of the funds appropriated by this Act under the heading
‘‘International Military Education and Training’’ may be made
available for assistance for the Government of Saudi Arabia.
(2) EXPORT-IMPORT BANK.—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 should be obligated or expended by the
Export-Import Bank of the United States to guarantee, insure,
or extend (or participate in the extension of) credit in connection
with the export of nuclear technology, equipment, fuel, materials, or other nuclear technology-related goods or services to
Saudi Arabia unless the Government of Saudi Arabia—
(A) has in effect a nuclear cooperation agreement
pursuant to section 123 of the Atomic Energy Act of 1954
(42 U.S.C. 2153);
(B) has committed to renounce uranium enrichment
and reprocessing on its territory under that agreement;
and
(C) has signed and implemented an Additional Protocol
to its Comprehensive Safeguards Agreement with the International Atomic Energy Agency.
(i) SYRIA.—
(1) NON-LETHAL ASSISTANCE.—Of the funds appropriated
by this Act under the headings ‘‘Economic Support Fund’’,
‘‘International Narcotics Control and Law Enforcement’’, and
‘‘Peacekeeping Operations’’, not less than $40,000,000 shall be

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Reports.

Deadline.

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Iran.
Terrorism.

Russia.
Determination.

Bashar al-Assad.

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Waiver authority.
Certifications.

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made available, notwithstanding any other provision of law,
for non-lethal stabilization assistance for Syria, of which not
less than $7,000,000 shall be made available for emergency
medical and rescue response and chemical weapons use investigations.
(2) LIMITATIONS.—Funds made available pursuant to paragraph (1) of this subsection—
(A) may not be made available for a project or activity
that supports or otherwise legitimizes the Government of
Iran, foreign terrorist organizations (as designated pursuant to section 219 of the Immigration and Nationality
Act (8 U.S.C. 1189)), or a proxy of Iran in Syria;
(B) may not be made available for activities that further the strategic objectives of the Government of the Russian Federation that the Secretary of State determines
may threaten or undermine United States national security
interests; and
(C) should not be used in areas of Syria controlled
by a government led by Bashar al-Assad or associated
forces.
(3) MONITORING AND OVERSIGHT.—Prior to the obligation
of any funds appropriated by this Act and made available
for assistance for Syria, the Secretary of State shall take all
practicable steps to ensure that mechanisms are in place for
monitoring, oversight, and control of such assistance inside
Syria.
(4) CONSULTATION AND NOTIFICATION.—Funds made available pursuant to this subsection may only be made available
following consultation with the appropriate congressional
committees, and shall be subject to the regular notification
procedures of the Committees on Appropriations.
(j) TUNISIA.—Of the funds appropriated under titles III and
IV of this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs, not less
than $241,400,000 shall be made available for assistance for
Tunisia.
(k) WEST BANK AND GAZA.—
(1) REPORT ON ASSISTANCE.—Prior to the initial obligation
of funds made available by this Act under the heading ‘‘Economic Support Fund’’ for assistance for the West Bank and
Gaza, the Secretary of State shall report to the Committees
on Appropriations that the purpose of such assistance is to—
(A) advance Middle East peace;
(B) improve security in the region;
(C) continue support for transparent and accountable
government institutions;
(D) promote a private sector economy; or
(E) address urgent humanitarian needs.
(2) LIMITATIONS.—
(A)(i) None of the funds appropriated under the
heading ‘‘Economic Support Fund’’ in this Act may be made
available for assistance for the Palestinian Authority, if
after the date of enactment of this Act—
(I) the Palestinians obtain the same standing
as member states or full membership as a state
in the United Nations or any specialized agency

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134 STAT. 1769

thereof outside an agreement negotiated between
Israel and the Palestinians; or
(II) the Palestinians initiate an International
Criminal Court (ICC) judicially authorized investigation, or actively support such an investigation,
that subjects Israeli nationals to an investigation
for alleged crimes against Palestinians.
(ii) The Secretary of State may waive the restriction in clause (i) of this subparagraph resulting from
the application of subclause (I) of such clause if the
Secretary certifies to the Committees on Appropriations that to do so is in the national security interest
of the United States, and submits a report to such
Committees detailing how the waiver and the continuation of assistance would assist in furthering Middle
East peace.
(B)(i) The President may waive the provisions of section
1003 of the Foreign Relations Authorization Act, Fiscal
Years 1988 and 1989 (Public Law 100–204) if the President
determines and certifies in writing to the Speaker of the
House of Representatives, the President pro tempore of
the Senate, and the appropriate congressional committees
that the Palestinians have not, after the date of enactment
of this Act—
(I) obtained in the United Nations or any
specialized agency thereof the same standing as
member states or full membership as a state outside an agreement negotiated between Israel and
the Palestinians; and
(II) initiated or actively supported an ICC
investigation against Israeli nationals for alleged
crimes against Palestinians.
(ii) Not less than 90 days after the President is
unable to make the certification pursuant to clause
(i) of this subparagraph, the President may waive section 1003 of Public Law 100–204 if the President determines and certifies in writing to the Speaker of the
House of Representatives, the President pro tempore
of the Senate, and the Committees on Appropriations
that the Palestinians have entered into direct and
meaningful negotiations with Israel: Provided, That
any waiver of the provisions of section 1003 of Public
Law 100–204 under clause (i) of this subparagraph
or under previous provisions of law must expire before
the waiver under the preceding sentence may be exercised.
(iii) Any waiver pursuant to this subparagraph
shall be effective for no more than a period of 6 months
at a time and shall not apply beyond 12 months after
the enactment of this Act.
(3) APPLICATION OF TAYLOR FORCE ACT.—Funds appropriated by this Act under the heading ‘‘Economic Support Fund’’
that are made available for assistance for the West Bank and
Gaza shall be made available consistent with section 1004(a)
of the Taylor Force Act (title X of division S of Public Law
115–141).

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President.
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Requirements.
Applicability.

PUBLIC LAW 116–260—DEC. 27, 2020

(4) SECURITY REPORT.—The reporting requirements in section 1404 of the Supplemental Appropriations Act, 2008 (Public
Law 110–252) shall apply to funds made available by this
Act, including a description of modifications, if any, to the
security strategy of the Palestinian Authority.
(5) INCITEMENT REPORT.—Not later than 90 days after
enactment of this Act, the Secretary of State shall submit
a report to the appropriate congressional committees detailing
steps taken by the Palestinian Authority to counter incitement
of violence against Israelis and to promote peace and coexistence with Israel.
(l) YEMEN.—Funds appropriated under title III and under the
headings ‘‘International Narcotics Control and Law Enforcement’’
and ‘‘Nonproliferation, Anti-terrorism, Demining and Related Programs’’ of this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs shall
be made available for health, humanitarian, and stabilization assistance for Yemen.
AFRICA

Determination.
Reports.

Boko Haram.

Lord’s Resistance
Army.
Child soldiers.

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Ebola.

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SEC. 7042. (a) AFRICAN GREAT LAKES REGION ASSISTANCE
RESTRICTION.—Funds appropriated by this Act under the heading
‘‘International Military Education and Training’’ for the central
government of a country in the African Great Lakes region may
be made available only for Expanded International Military Education and Training and professional military education until the
Secretary of State determines and reports to the Committees on
Appropriations that such government is not facilitating or otherwise
participating in destabilizing activities in a neighboring country,
including aiding and abetting armed groups.
(b) CAMEROON.—Funds appropriated under title IV of this Act
that are made available for assistance for the armed forces of
Cameroon, including the Rapid Intervention Battalion, may only
be made available to counter regional terrorism, including Boko
Haram and other Islamic State affiliates, participate in international peacekeeping operations, and for military education and
maritime security programs.
(c) CENTRAL AFRICAN REPUBLIC.—Of the funds appropriated
by this Act under the heading ‘‘Economic Support Fund’’, not less
than $3,000,000 shall be made available for a contribution to the
Special Criminal Court in Central African Republic.
(d) COUNTER ILLICIT ARMED GROUPS.—Funds appropriated by
this Act shall be made available for programs and activities in
areas affected by the Lord’s Resistance Army (LRA) or other illicit
armed groups in Eastern Democratic Republic of the Congo and
the Central African Republic, including to improve physical access,
telecommunications infrastructure, and early-warning mechanisms
and to support the disarmament, demobilization, and reintegration
of former LRA combatants, especially child soldiers.
(e) DEMOCRATIC REPUBLIC OF THE CONGO.—Of the funds appropriated under titles III and IV of this Act, not less than
$325,000,000 shall be made available for assistance for the Democratic Republic of the Congo (DRC) for stabilization, global health,
and bilateral economic assistance, including in areas affected by,
and at risk from, the Ebola virus disease: Provided, That such
funds shall also be made available to support security, stabilization,

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134 STAT. 1771

development, and democracy in Eastern DRC: Provided further,
That funds appropriated by this Act under the headings ‘‘Peacekeeping Operations’’ and ‘‘International Military Education and
Training’’ that are made available for such purposes may be made
available notwithstanding any other provision of law, except section
620M of the Foreign Assistance Act of 1961.
(f) LAKE CHAD BASIN COUNTRIES.—Funds appropriated under
titles III and IV of this Act shall be made available for assistance
for Cameroon, Chad, Niger, and Nigeria for—
(1) democracy, development, and health programs;
(2) assistance for individuals targeted by foreign terrorist
and other extremist organizations, including Boko Haram, consistent with the provisions of section 7059 of this Act;
(3) assistance for individuals displaced by violent conflict;
and
(4) counterterrorism programs.
(g) MALAWI.—Of the funds appropriated by this Act under
the heading ‘‘Development Assistance’’, not less than $60,000,000
shall be made available for assistance for Malawi, of which up
to $10,000,000 shall be made available for higher education programs.
(h) SAHEL STABILIZATION AND SECURITY.—Funds appropriated
under titles III and IV of this Act shall be made available for
stabilization, health, development, and security programs in the
countries of the Sahel region.
(i) SOUTH SUDAN.—
(1) ASSISTANCE.—Of the funds appropriated under title III
of this Act that are made available for assistance for South
Sudan, not less than $15,000,000 shall be made available for
democracy programs and not less than $8,000,000 shall be
made available for conflict mitigation and reconciliation programs.
(2) LIMITATION ON ASSISTANCE FOR THE CENTRAL GOVERNMENT.—Funds appropriated by this Act that are made available
for assistance for the central Government of South Sudan may
only be made available, following consultation with the Committees on Appropriations, for—
(A) humanitarian assistance;
(B) health programs, including to prevent, detect, and
respond to infectious diseases;
(C) assistance to support South Sudan peace negotiations or to advance or implement a peace agreement; and
(D) assistance to support implementation of outstanding issues of the Comprehensive Peace Agreement
and mutual arrangements related to such agreement:
Provided, That prior to the initial obligation of funds made
available pursuant to subparagraphs (C) and (D), the Secretary
of State shall consult with the Committees on Appropriations
on the intended uses of such funds and steps taken by such
government to advance or implement a peace agreement.
(j) SUDAN.—
(1) ASSISTANCE.—
(A) Of the funds appropriated under title III of this
Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs,
except for funds designated by the Congress as an emergency requirement pursuant to a concurrent resolution on

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Consultations.

Consultation.

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22 USC 2395a
note.

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Certifications.
Reports.
22 USC 2151
note.

PUBLIC LAW 116–260—DEC. 27, 2020
the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985, not less than $60,000,000 shall be
made available for assistance for Sudan, following consultation with the Committees on Appropriations: Provided,
That amounts repurposed pursuant to this subparagraph
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: Provided further, That notwithstanding any other provision of law, such funds may be
made available for agriculture and economic growth programs, and economic assistance for marginalized areas in
Sudan and Abyei.
(B) None of the funds appropriated under title IV of
this Act may be made available for assistance for the
Government of Sudan, except assistance to support
implementation of outstanding issues of the Comprehensive
Peace Agreement, mutual arrangements related to postreferendum issues associated with such Agreement, or any
other viable peace agreement in Sudan.
(2) EXTENSION OF AUTHORIZATION.—Section 501(i) of title
V of H.R. 3425 of the 106th Congress, as enacted into law
by section 1000(a)(5) of Public Law 106–113 (113 Stat. 1501,
1535–36), and set forth in Appendix E thereof (113 Stat. 1501A–
289,–313), as most recently amended by section 904(b) of the
Further Consolidated Appropriations Act, 2020 (Public Law
116–94, 113 Stat. 2534, 3086), is further amended by striking
‘‘2000–2021’’ and inserting ‘‘2000–2025’’.
(3) CONSULTATION.—Funds appropriated by this Act and
prior Acts making appropriations for the Department of State,
foreign operations, and related programs that are made available for any new program, project, or activity in Sudan shall
be subject to prior consultation with the appropriate congressional committees.
(k) ZIMBABWE.—
(1) INSTRUCTION.—The Secretary of the Treasury shall
instruct the United States executive director of each international financial institution to vote against any extension
by the respective institution of any loan or grant to the Government of Zimbabwe, except to meet basic human needs or to
promote democracy, unless the Secretary of State certifies and
reports to the Committees on Appropriations that the rule
of law has been restored, including respect for ownership and
title to property, and freedoms of expression, association, and
assembly.
(2) LIMITATION.—None of the funds appropriated by this
Act shall be made available for assistance for the central
Government of Zimbabwe, except for health and education,
unless the Secretary of State certifies and reports as required
in paragraph (1).
EAST ASIA AND THE PACIFIC

SEC. 7043. (a) BURMA.—

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134 STAT. 1773

(1) BILATERAL ECONOMIC ASSISTANCE.—
(A) Of the funds appropriated under title III and under
the heading ‘‘International Narcotics Control and Law
Enforcement’’ of this Act, not less than $134,950,000 shall
be made available for assistance for Burma: Provided, That
such funds may be made available notwithstanding any
other provision of law and following consultation with the
appropriate congressional committees: Provided further,
That such funds shall be made available for programs
to promote ethnic and religious tolerance and to combat
gender-based violence, including in Kachin, Karen,
Rakhine, and Shan states: Provided further, That such
funds shall be made available for programs to strengthen
media and civil society organizations: Provided further,
That such funds 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.
(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

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Refugees.

Reports.

Consultations.

Human rights.
Determination.

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Reports.

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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.—Of the funds appropriated under title III
of this Act, not less than $85,505,000 shall be made available
for assistance for Cambodia.
(2) CERTIFICATION AND EXCEPTIONS.—
(A) CERTIFICATION.—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 certifies 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) assert its sovereignty against interference by
the People’s Republic of China, including by verifiably
maintaining the neutrality of Ream Naval Base, other
military installations in Cambodia, and dual use facilities such as the Dara Sakor development project;
(iii) cease violence and harassment against civil
society and the political opposition in Cambodia, and
dismiss any politically motivated criminal charges
against those who criticize the government; and
(iv) respect the rights, freedoms, and responsibilities enshrined in the Constitution of the Kingdom
of Cambodia as enacted in 1993.
(B) EXCEPTIONS.—The certification 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
activities 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 shall 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 ASIA REASSURANCE INITIATIVE ACT OF 2018.—
(1) ASSISTANCE.—Of the funds appropriated under titles
III and IV of this Act, not less than $1,482,000,000 shall be
made available to support implementation of the Indo-Pacific
Strategy and the Asia Reassurance Initiative Act of 2018 (Public
Law 115–409).

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134 STAT. 1775

(2) COUNTERING CHINESE INFLUENCE FUND.—Of the funds
appropriated by this Act under the headings ‘‘Development
Assistance’’, ‘‘Economic Support Fund’’, ‘‘International Narcotics
Control and Law Enforcement’’, ‘‘Nonproliferation, Anti-terrorism, Demining and Related Programs’’, and ‘‘Foreign Military Financing Program’’, not less than $300,000,000 shall be
made available for a Countering Chinese Influence Fund to
counter the malign influence of the Government of the People’s
Republic of China and the Chinese Communist Party and entities acting on their behalf globally, which shall be subject
to prior consultation with the Committees on Appropriations:
Provided, That such funds are in addition to amounts otherwise
made available for such purposes: Provided further, That such
funds appropriated under such headings may be transferred
to, and merged with, funds appropriated under such headings:
Provided further, That such transfer authority is in addition
to any other transfer authority provided by this Act or any
other Act, and is subject to the regular notification procedures
of 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 and the heads
of other Federal agencies, as appropriate, determines that
such use does not adversely impact the national security
of the United States.
(d) LAOS.—Of the funds appropriated under titles III and IV
of this Act, not less than $80,930,000 shall be made available
for assistance for Laos.
(e) NORTH KOREA.—
(1) CYBERSECURITY.—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 for assistance for the central government of a country
the Secretary of State determines and reports to the appropriate
congressional committees engages in significant transactions
contributing materially to the malicious cyber-intrusion
capabilities of the Government of North Korea: Provided, That
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: Provided further, That the
Secretary of State may waive the application of the restriction
in this paragraph with respect to assistance for the central
government of a country if the Secretary determines and reports
to the appropriate congressional committees that to do so is
important to the national security interest of the United States,
including a description of such interest served.
(2) BROADCASTS.—Funds appropriated by this Act under
the heading ‘‘International Broadcasting Operations’’ shall be

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Consultation.

Transfer
authority.
Notification.

China.

Consultation.
Determination.

Determinations.
Reports.

Waiver authority.

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134 STAT. 1776

made available to maintain broadcasting hours into North
Korea at levels not less than the prior fiscal year.
(3) HUMAN RIGHTS.—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.
(4) LIMITATION ON USE OF FUNDS.—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.
(f) PEOPLE’S 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 People’s Republic
of China (PRC) unless, at least 15 days in advance, the Committees on Appropriations are notified of such proposed action.
(2) PEOPLE’S LIBERATION ARMY.—The terms and requirements of section 620(h) of the Foreign Assistance Act of 1961
shall apply to foreign assistance projects or activities of the
People’s Liberation Army (PLA) of the PRC, to include such
projects or activities by any entity that is owned or controlled
by, or an affiliate of, the PLA: Provided, That 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 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) DEMOCRACY PROGRAMS.—Of the funds appropriated
by this Act under the first paragraph under the heading
‘‘Democracy Fund’’, not less than $3,000,000 shall be made
available for democracy and Internet freedom programs
for Hong Kong, including legal and other support for democracy activists.
(B) RESTRICTIONS ON ASSISTANCE.—None of the funds
appropriated by this Act or prior Acts making appropriations for the Department of State, foreign operations, and
related programs that are made available for assistance
for Hong Kong should be obligated for assistance for the
Government of the People’s Republic of China and the
Chinese Communist Party or any entity acting on their
behalf in Hong Kong.
(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),
which shall include the information described in 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) and under this paragraph
in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act).

Applicability.

Time period.
Notification.

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134 STAT. 1777

(4) UYGHURS AND OTHER MUSLIM MINORITIES.—The determination described under this heading in the explanatory statement described in section 4 (in the matter preceding division
A of this consolidated Act) shall be submitted to the appropriate
congressional committees not later than 90 days after enactment of this Act.
(5) CLARIFICATION.—Funds appropriated by this Act and
prior Acts making appropriations for the Department of State,
foreign operations, and related programs that are made available for programs in the People’s Republic of China may be
used to counter the impact of Chinese influence and investments in the Greater Mekong Subregion, following consultation
with the Committees on Appropriations.
(g) PHILIPPINES.—None of the funds appropriated by this Act
may be made available for counternarcotics assistance for the Philippines, except for drug demand reduction, maritime law enforcement, or transnational interdiction.
(h) 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.
(i) VIETNAM.—Of the funds appropriated under titles III and
IV of this Act, not less than $169,739,000 shall be made available
for assistance for Vietnam, of which not less than—

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Deadline.

Consultation.

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134 STAT. 1778

PUBLIC LAW 116–260—DEC. 27, 2020
(1) $14,500,000 shall be made available for 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;
(2) $19,000,000 shall be made available, notwithstanding
any other provision of law, for 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; and
(3) $2,500,000 shall be made available for a war legacy
reconciliation program.
SOUTH AND CENTRAL ASIA

Grants.

Priority.
Determination.

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SEC. 7044. (a) AFGHANISTAN.—
(1) FUNDING AND LIMITATIONS.—Funds appropriated by this
Act under the headings ‘‘Economic Support Fund’’ and ‘‘International Narcotics Control and Law Enforcement’’ that are
made available for assistance for Afghanistan—
(A) shall be made available to implement the South
Asia Strategy, the Revised Strategy for United States
Engagement in Afghanistan, and the United States Agency
for International Development Country Development
Cooperation Strategy for Afghanistan;
(B) shall be made available for programs that implement and support comprehensive strategies to combat
corruption in Afghanistan, with an emphasis on public
disclosure of government receipts and expenditures and
prosecution and punishment of corrupt officials;
(C) shall be made available to continue support for
not-for-profit institutions of higher education in Kabul,
Afghanistan that are accessible to both women and men
in a coeducational environment, including for the costs
for operations and security for such institutions;
(D) shall be made available for programs that protect
and strengthen the rights of Afghan women and girls and
promote the political and economic empowerment of women
including their meaningful inclusion in political processes:
Provided, That such assistance to promote the economic
empowerment of women shall be made available as grants
to Afghan organizations, to the maximum extent practicable;
(E) shall prioritize, unless the Secretary of State or
the Administrator of the United States Agency for International Development, as appropriate, determines that
security conditions do not permit or risk deterioration,
assistance to support long-term development in areas previously under the control of the Taliban or other violent
extremist groups: Provided, That such funds may be made
available notwithstanding any other provision of law and
following consultation with the Committees on Appropriation;
(F) may not be made available for any program, project,
or activity pursuant to section 7044(a)(1)(C) of the Department of State, Foreign Operations, and Related Programs

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134 STAT. 1779

Appropriations Act, 2019 (division F of Public Law 116–
6); and
(G) may be made available, notwithstanding any other
provision of law, for programs and activities to address
the needs of the people of Afghanistan in support of peace
and reconciliation, including reintegration of former
Taliban and other extremists.
(2) AFGHAN WOMEN.—
(A) IN GENERAL.—The Secretary of State shall promote
and ensure the meaningful participation of Afghan women
in any discussions between the Government of Afghanistan
and the Taliban related to the future of Afghanistan in
a manner consistent with the Women, Peace, and Security
Act of 2017 (Public Law 115–68) and the 2019 United
States Strategy on Women, Peace, and Security, including
through—
(i) advocacy by the United States Government for
the inclusion of Afghan women representatives,
particularly from civil society and rural provinces, in
ongoing and future discussion;
(ii) the leveraging of assistance for the protection
of women and girls and their rights; and
(iii) efforts to ensure that any agreement protects
women’s and girl’s rights and ensures their freedom
of movement, rights to education and work, and access
to healthcare and legal representation.
(B) ASSISTANCE.—Funds appropriated by this Act and
prior Acts making appropriations for the Department of
State, foreign operations, and related programs under the
heading ‘‘Economic Support Fund’’ shall be made available
for an endowment pursuant to paragraph (3)(A)(iv) of this
subsection for a not-for-profit institution of higher education in Kabul, Afghanistan that is accessible to both
women and men in a coeducational environment: Provided,
That such endowment shall be established in partnership
with a United States-based American higher education
institution that will serve on its board of trustees: Provided
further, That prior to the obligation of funds for such an
endowment, the Administrator of the United States Agency
for International Development shall submit a report to
the Committees on Appropriations describing the governance structure, including a proposed board of trustees,
and financial safeguards, including regular audit and
reporting requirements, in any endowment agreement: Provided further, That the USAID Administrator shall provide
a report on the expenditure of funds generated from such
an endowment to the Committees on Appropriations on
an annual basis.
(3) AUTHORITIES.—
(A) Funds appropriated by this Act under titles III
through VI that are made available for assistance for
Afghanistan may be made available—
(i) notwithstanding section 7012 of this Act or
any similar provision of law and section 660 of the
Foreign Assistance Act of 1961;
(ii) for reconciliation programs and disarmament,
demobilization, and reintegration activities for former

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Reports.

Requirements.

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Applicability.

Transfer
authority.

Notification.

Deadlines.

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President.
Records.

Deadline.
Consultations.

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PUBLIC LAW 116–260—DEC. 27, 2020
combatants who have renounced violence against the
Government of Afghanistan, including in accordance
with section 7046(a)(2)(B)(ii) of the Department of
State, Foreign Operations, and Related Programs
Appropriations Act, 2012 (division I of Public Law 112–
74);
(iii) for an endowment to empower women and
girls; and
(iv) for an endowment for higher education.
(B) Section 7046(a)(2)(A) of the Department of State,
Foreign Operations, and Related Programs Appropriations
Act, 2012 (division I of Public Law 112–74) shall apply
to funds appropriated by this Act for assistance for Afghanistan.
(C) Of the funds appropriated by this Act under the
heading ‘‘Diplomatic Programs’’, up to $3,000,000 may be
transferred to any other appropriation of any department
or agency of the United States Government, upon the
concurrence of the head of such department or agency,
to support operations in, and assistance for, Afghanistan
and to carry out the provisions of the Foreign Assistance
Act of 1961: Provided, That any such transfer shall be
subject to the regular notification procedures of the
Committees on Appropriations.
(4) AGREEMENT, REPORT, AND CERTIFICATION.—Funds
appropriated by this Act shall be made available for the following purposes—
(A) the submission to the appropriate congressional
committees by the President of a copy of any agreement
or arrangement between the Government of the United
States and the Taliban relating to the United States presence in Afghanistan or Taliban commitments on the future
of Afghanistan, which shall be submitted not later than
30 days after finalizing or amending such an agreement
or arrangement: Provided, That not later than 30 days
after enactment of this Act and every 60 days thereafter
until September 30, 2021, the Secretary of State shall
submit to such committees a report detailing and assessing
the activities of the Taliban to abide by their commitments
in such agreement or arrangement; and
(B) the submission to the appropriate congressional
committees of a joint certification by the Secretary of State
and Secretary of Defense that such agreement or arrangement, or any amendment to such agreement or arrangement, will further the objective of setting conditions for
the long-term defeat of al Qaeda and Islamic State and
will not make the United States more vulnerable to terrorist attacks originating from Afghanistan or supported
by terrorist elements in Afghanistan: Provided, That the
initial joint certification to such committees shall be submitted upon enactment of this Act, and additional joint
certifications, as appropriate, shall be submitted to such
committees not later than 30 days after any amendment
to such agreement or arrangement.
(5) UPDATED STRATEGY.—Not less than 90 days after enactment of this Act, the Secretary of State, in consultation with
the heads of other relevant Federal agencies, shall submit

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134 STAT. 1781

to the appropriate congressional committees a comprehensive,
multi-year strategy for diplomatic and development engagement
with the Government of Afghanistan that reflects the agreement between the United States and the Taliban, as well
as intra-Afghan negotiations: Provided, That such strategy shall
include a component to protect and strengthen women and
girl’s welfare and rights, including in any intra-Afghan negotiation and during the implementation of any peace agreement:
Provided further, That such strategy shall describe the anticipated United States diplomatic and military presence in
Afghanistan over a multi-year period and related strategy for
mitigating and countering ongoing terrorist threats and violent
extremism: Provided further, That the Secretary of State shall
consult with such committees on the parameters of such
strategy: Provided further, That the strategy required by this
paragraph shall be submitted in unclassified form, but may
be accompanied by a classified annex.
(6) BASING RIGHTS AGREEMENT.—None of the funds made
available by this Act may be used by the United States Government to enter into a permanent basing rights agreement
between the United States and Afghanistan.
(b) BANGLADESH.—Of the funds appropriated under titles III
and IV of this Act, not less than $198,323,000 shall be made
available for assistance for Bangladesh, of which—
(1) not less than $23,500,000 shall be made available to
address the needs of communities impacted by refugees from
Burma;
(2) not less than $10,000,000 shall be made available for
programs to protect freedom of expression and due process
of law; and
(3) not less than $23,300,000 shall be made available for
democracy programs, of which not less than $2,000,000 shall
be made available for such programs for the Rohingya community in Bangladesh.
(c) NEPAL.—
(1) ASSISTANCE.—Of the funds appropriated under titles
III and IV of this Act, not less than $130,265,000 shall be
made available for assistance for Nepal, including for development and democracy programs.
(2) FOREIGN MILITARY FINANCING PROGRAM.—Funds appropriated by this Act under the heading ‘‘Foreign Military
Financing Program’’ shall only be made available for humanitarian and disaster relief and reconstruction activities in Nepal,
and in support of international peacekeeping operations: Provided, That such funds may only be made available for any
additional uses if the Secretary of State certifies and reports
to the Committees on Appropriations that the Government
of Nepal is investigating and prosecuting violations of human
rights and the laws of war, and the Nepal Army is cooperating
fully with civilian judicial authorities in such cases.
(d) PAKISTAN.—
(1) TERMS AND CONDITIONS.—The terms and conditions of
section 7044(c) of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2019 (division F
of Public Law 116–6) shall continue in effect during fiscal
year 2021.

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Certification.
Reports.
Human rights.

Extension.

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Reports.

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(2) ASSISTANCE.—Of the funds appropriated under title III
of this Act that are made available for assistance for Pakistan,
not less than $15,000,000 shall be made available for democracy
programs and not less than $10,000,000 shall be made available
for gender programs.
(3) CLARIFICATION.—Notwithstanding paragraph (1), section 7044(d)(4)(A) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015 (division J of Public Law 113–235) is amended by striking ‘‘shall’’
and inserting in lieu thereof ‘‘may’’.
(e) SRI LANKA.—
(1) ASSISTANCE.—Funds appropriated under title III of this
Act shall be made available for assistance for Sri Lanka for
democracy and economic development programs, particularly
in areas recovering from ethnic and religious conflict: Provided,
That such funds shall be made available for programs to assist
in the identification and resolution of cases of missing persons.
(2) CERTIFICATION.—Funds appropriated by this Act for
assistance for the central Government of Sri Lanka may be
made available only if the Secretary of State certifies and
reports to the Committees on Appropriations that such Government is taking effective and consistent steps to—
(A) respect and uphold the rights and freedoms of
the people of Sri Lanka regardless of ethnicity and religious
belief, including by investigating violations of human rights
and holding perpetrators of such violations accountable;
(B) increase transparency and accountability in governance;
(C) assert its sovereignty against influence by the People’s Republic of China; and
(D) promote reconciliation between ethnic and religious
groups, particularly arising from past conflict in Sri Lanka,
including by—
(i) addressing land confiscation and ownership
issues;
(ii) resolving cases of missing persons, including
by maintaining a functioning office of missing persons;
(iii) reducing the presence of the armed forces in
former conflict zones and restructuring the armed
forces for a peacetime role that contributes to postconflict reconciliation and regional security;
(iv) repealing or amending laws on arrest and
detention by security forces to comply with international standards; and
(v) investigating allegations of arbitrary arrest and
torture, and supporting a credible justice mechanism:
Provided, That the limitations of this paragraph shall not
apply to funds made available for humanitarian assistance
and disaster relief; to protect human rights, locate and
identify missing persons, and assist victims of torture and
trauma; to promote justice, accountability, and reconciliation; to enhance maritime security and domain awareness;
to promote fiscal transparency and sovereignty; and for
International Military Education and Training.
(3) INTERNATIONAL SECURITY ASSISTANCE.—Of the funds
appropriated by this Act and prior Acts making appropriations
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134 STAT. 1783

programs under the heading ‘‘Foreign Military Financing Program’’, up to $15,000,000 may be made available for assistance
for Sri Lanka for the refurbishing of a high endurance cutter:
Provided, That in addition to such funds, up to $500,000 may
be made available only for programs to support humanitarian
assistance, disaster relief, instruction in human rights and
related curricula development, and maritime security and
domain awareness, including professionalization and training
for the navy and coast guard: Provided further, That amounts
repurposed pursuant to this paragraph that were previously
designated by the Congress, respectively, as an emergency
requirement or for Overseas Contingency Operations/Global
War on Terrorism pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of such Act or for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of such Act.
(f) REGIONAL PROGRAMS.—Funds appropriated by this Act shall
be made available for assistance for Afghanistan, Pakistan, and
other countries in South and Central Asia to significantly increase
the recruitment, training, and retention of women in the judiciary,
police, and other security forces, and to train judicial and security
personnel in such countries to prevent and address gender-based
violence, human trafficking, and other practices that disproportionately harm women and girls.

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LATIN AMERICA AND THE CARIBBEAN

SEC. 7045. (a) CENTRAL AMERICA.—
(1) ASSISTANCE.—Of the funds appropriated by this Act
under titles III and IV, $505,925,000 should be made available
for assistance for Belize, Costa Rica, El Salvador, Guatemala,
Honduras, Nicaragua, and Panama, including through the Central America Regional Security Initiative: Provided, That such
assistance shall be prioritized for programs and activities that
address 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 made available for support
of offices of Attorneys General and of other entities and activities to combat corruption and impunity in such countries.
(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 Committees on Appropriations that such
government is—

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Priority.
Aliens.

Certification.
Reports.

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Notification.

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Reports.

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PUBLIC LAW 116–260—DEC. 27, 2020
(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) upholding 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;
(ix) informing its citizens of the dangers of the
journey to the southwest border of the United States;
and
(x) resolving disputes involving the confiscation
of real property of United States entities.
(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) offices of Attorneys General and other judicial
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.
(b) COLOMBIA.—
(1) ASSISTANCE.—Of the funds appropriated by this Act
under titles III and IV, not less than $461,375,000 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 House Report 116–444.
(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

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1785

Secretary of State certifies and reports to the Committees
on Appropriations that the Government of Colombia is
continuing to implement a national whole-of-government
counternarcotics strategy designed to reduce by 50 percent
cocaine production and coca cultivation levels in Colombia
by 2023 and such strategy 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 certifies 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 through 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.
(5) LIMITATION.—None of the funds appropriated by this
Act or prior Acts making appropriations for the Department
of State, foreign operations, and related programs that are

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134 STAT. 1786

Extension.
Applicability.

Consultation.
Notification.

PUBLIC LAW 116–260—DEC. 27, 2020

made available for assistance for Colombia may be made available for payment of reparations to conflict victims or compensation to demobilized combatants associated with a peace agreement between the Government of Colombia and illegal armed
groups.
(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 also apply to funds appropriated
by this Act under the heading ‘‘Development Assistance’’ 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 $33,000,000 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.
EUROPE AND EURASIA

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SEC. 7046. (a) ASSISTANCE.—
(1) GEORGIA.—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: Provided, That not later
than 90 days after enactment of this Act, the Secretary of
State shall submit to the Committees on Appropriations a
report on the rule of law and accountable institutions in Georgia
as described under this heading in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act).
(2) 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.
(b) 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

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1787

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.
(c) 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.
(d) TURKEY.—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.

President.
Determination.

Consultation.

Determination.
Reports.

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COUNTERING RUSSIAN INFLUENCE AND AGGRESSION

SEC. 7047. (a) LIMITATION.—None of the funds appropriated
by this Act may be made available for assistance for the central
Government of the Russian Federation.
(b) ANNEXATION OF CRIMEA.—
(1) PROHIBITION.—None of the funds appropriated by this
Act may be made available for assistance for the central government of a country that the Secretary of State determines and

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Determinations.
Reports.

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134 STAT. 1788

Waiver authority.

Determination.
Reports.

Determinations.
Reports.

Web posting.
List.

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Waiver authority.

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PUBLIC LAW 116–260—DEC. 27, 2020

reports to the Committees on Appropriations has taken affirmative steps intended to support or be supportive of the Russian
Federation annexation of Crimea or other territory in Ukraine:
Provided, That except as otherwise provided in subsection (a),
the Secretary may waive the restriction on assistance required
by this paragraph if the Secretary determines and reports
to such Committees that to do so is in the national interest
of the United States, and includes a justification for such
interest.
(2) LIMITATION.—None of the funds appropriated by this
Act may be made available for—
(A) the implementation of any action or policy that
recognizes the sovereignty of the Russian Federation over
Crimea or other territory in Ukraine;
(B) the facilitation, financing, or guarantee of United
States Government investments in Crimea or other territory in Ukraine under the control of Russian-backed separatists, if such activity includes the participation of Russian
Government officials, or other Russian owned or controlled
financial entities; or
(C) assistance for Crimea or other territory in Ukraine
under the control of Russian-backed separatists, if such
assistance includes the participation of Russian Government officials, or other Russian owned or controlled financial entities.
(3) INTERNATIONAL FINANCIAL INSTITUTIONS.—The Secretary of the Treasury shall instruct the United States executive
directors of each international financial institution to use the
voice and vote of the United States to oppose any assistance
by such institution (including any loan, credit, or guarantee)
for any program that violates the sovereignty or territorial
integrity of Ukraine.
(4) DURATION.—The requirements and limitations of this
subsection shall cease to be in effect if the Secretary of State
determines and reports to the Committees on Appropriations
that the Government of Ukraine has reestablished sovereignty
over Crimea and other territory in Ukraine under the control
of Russian-backed separatists.
(c) OCCUPATION OF THE GEORGIAN TERRITORIES OF ABKHAZIA
AND TSKHINVALI REGION/SOUTH OSSETIA.—
(1) PROHIBITION.—None of the funds appropriated by this
Act may be made available for assistance for the central government of a country that the Secretary of State determines and
reports to the Committees on Appropriations has recognized
the independence of, or has established diplomatic relations
with, the Russian Federation occupied Georgian territories of
Abkhazia and Tskhinvali Region/South Ossetia: Provided, That
the Secretary shall publish on the Department of State website
a list of any such central governments in a timely manner:
Provided further, That the Secretary may waive the restriction
on assistance required by this paragraph if the Secretary determines and reports to the Committees on Appropriations that
to do so is in the national interest of the United States, and
includes a justification for such interest.
(2) LIMITATION.—None of the funds appropriated by this
Act may be made available to support the Russian Federation

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1789

occupation of the Georgian territories of Abkhazia and
Tskhinvali Region/South Ossetia.
(3) INTERNATIONAL FINANCIAL INSTITUTIONS.—The Secretary of the Treasury shall instruct the United States executive
directors of each international financial institution to use the
voice and vote of the United States to oppose any assistance
by such institution (including any loan, credit, or guarantee)
for any program that violates the sovereignty and territorial
integrity of Georgia.
(d) COUNTERING RUSSIAN INFLUENCE FUND.—
(1) ASSISTANCE.—Of the funds appropriated by this Act
under the headings ‘‘Assistance for Europe, Eurasia and Central
Asia’’, ‘‘International Narcotics Control and Law Enforcement’’,
‘‘International Military Education and Training’’, and ‘‘Foreign
Military Financing Program’’, not less than $290,000,000 shall
be made available to carry out the purposes of the Countering
Russian Influence Fund, as authorized by section 254 of the
Countering Russian Influence in Europe and Eurasia Act of
2017 (Public Law 115–44; 22 U.S.C. 9543) and notwithstanding
the country limitation in subsection (b) of such section, and
programs to enhance the capacity of law enforcement and security forces in countries in Europe, Eurasia, and Central Asia
and strengthen security cooperation between such countries
and the United States and the North Atlantic Treaty Organization, as appropriate.
(2) ECONOMICS AND TRADE.—Funds appropriated by this
Act and made available for assistance for the Eastern Partnership countries shall be made available to advance the
implementation of Association Agreements and trade agreements with the European Union, and to reduce their vulnerability to external economic and political pressure from the
Russian Federation.
(e) DEMOCRACY PROGRAMS.—Funds appropriated by this Act
shall be made available to support democracy programs in the
Russian Federation and other countries in Europe, Eurasia, and
Central Asia, including to promote Internet freedom: Provided, That
of the funds appropriated under the heading ‘‘Assistance for Europe,
Eurasia and Central Asia’’, not less than $20,000,000 shall be
made available to strengthen democracy and civil society in Central
Europe, including for transparency, independent media, rule of
law, minority rights, and programs to combat anti-Semitism.

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UNITED NATIONS

SEC. 7048. (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;

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Reports.

Public
information.
Web posting.
Audits.

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Determinations.
Terrorism.

Reports.

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Determination.
Reports.
Israel.

Time period.

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PUBLIC LAW 116–260—DEC. 27, 2020

(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.—None of the
funds appropriated by this Act may 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 is important to the national
interest of the United States and that such Council is taking significant steps to remove Israel as a permanent agenda item and ensure
integrity in the election of members to such Council: Provided,
That such report shall include a description of the national interest
served and the steps taken to remove Israel as a permanent agenda
item and ensure integrity in the election of members to such
Council: Provided further, That the Secretary of State shall report

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134 STAT. 1791

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.—Prior to
the initial obligation of funds for the United Nations Relief and
Works Agency (UNRWA), the Secretary of State shall report to
the Committees on Appropriations, in writing, on whether UNRWA
is—
(1) utilizing Operations Support Officers in the West Bank,
Gaza, and other fields of operation to inspect UNRWA installations and reporting any inappropriate use;
(2) 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) 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) 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) 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) not engaging in operations with financial institutions
or related entities in violation of relevant United States law,
and is taking steps to improve the financial transparency of
the organization; and
(7) in compliance with the United Nations Board of Auditors’ biennial audit requirements and is implementing in a
timely fashion the Board’s 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 country’s 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

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Reports.

Procedures.

Compliance.

Compliance.

Updates.

PUBL260A

134 STAT. 1792
Consultation.
Notification.

Determinations.

Notifications.
Deadline.

Notification.

PUBLIC LAW 116–260—DEC. 27, 2020

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.
WAR CRIMES TRIBUNALS

President.
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Notification.

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SEC. 7049. (a) If the President determines that doing so will
contribute to a just resolution of charges regarding genocide or
other violations of international humanitarian law, the President
may direct a drawdown pursuant to section 552(c) of the Foreign
Assistance Act of 1961 of up to $30,000,000 of commodities and
services for the United Nations War Crimes Tribunal established
with regard to the former Yugoslavia by the United Nations Security
Council or such other tribunals or commissions as the Council
may establish or authorize to deal with such violations, without
regard to the ceiling limitation contained in paragraph (2) thereof:
Provided, That the determination required under this section shall
be in lieu of any determinations otherwise required under section
552(c): Provided further, That funds made available pursuant to
this section shall be made available subject to the regular notification procedures of the Committees on Appropriations.
(b) None of the funds appropriated by this Act may be made
available for a United States contribution to the International
Criminal Court: Provided, That funds may be made available for
technical assistance, training, assistance for victims, protection of
witnesses, and law enforcement support related to international
investigations, apprehensions, prosecutions, and adjudications of
genocide, crimes against humanity, and war crimes: Provided further, That the previous proviso shall not apply to investigations,
apprehensions, or prosecutions of American service members and

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134 STAT. 1793

other United States citizens or nationals, or nationals of the North
Atlantic Treaty Organization (NATO) or major non-NATO allies
initially designated pursuant to section 517(b) of the Foreign Assistance Act of 1961.

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GLOBAL INTERNET FREEDOM

SEC. 7050. (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 $70,000,000 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 to implement the May 2011, International Strategy for Cyberspace, the Department of State
International Cyberspace Policy Strategy required by section 402 of the Cybersecurity Act of 2015 (division N of
Public Law 114–113), and the comprehensive strategy to
promote Internet freedom and access to information in
Iran, as required by section 414 of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8754);
(C) made available for programs that support the
efforts of civil society to counter the development of repressive Internet-related laws and regulations, including countering threats to Internet freedom at international
organizations; to combat violence against bloggers and
other users; and to enhance digital security training and
capacity building for democracy activists;
(D) made available for research of key threats to Internet freedom; the continued development of technologies
that provide or enhance access to the Internet, including
circumvention tools that bypass Internet blocking, filtering,
and other censorship techniques used by authoritarian
governments; and maintenance of the technological advantage of the United States Government over such censorship
techniques: Provided, That the Secretary of State, in consultation with the United States Agency for Global Media
Chief Executive Officer (USAGM CEO) and the President
of the Open Technology Fund (OTF), shall coordinate any

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Priority.

Consultation.
Coordination.
Assessment.

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134 STAT. 1794

Coordination.
Consultations.

Evaluation.

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Consultations.
Deadline.

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PUBLIC LAW 116–260—DEC. 27, 2020

such research and development programs with other relevant United States Government departments and agencies
in order to share information, technologies, and best practices, and to assess the effectiveness of such technologies;
and
(E) 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) the strategies referenced in subparagraph (B)
of this paragraph;
(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 open-source tools and techniques to securely develop and distribute 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 by the USAGM CEO, in consultation
with the OTF President, 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 USAGM CEO, in consultation
with the OTF President, to solicit project proposals through
an open, transparent, and competitive application process,
seek input from technical and subject matter experts to
select proposals, and support Internet circumvention tools
and techniques for audiences in countries that are strategic
priorities for the OTF and in a manner consistent with
the United States Government 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, the OTF President, 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, in consultation with the OTF President, 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

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1795

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 open-source technologies that undergo comprehensive security audits consistent with the requirements of 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.
(e) SURGE.—Of the funds appropriated by this Act under the
heading ‘‘Economic Support Fund’’, up to $2,500,000 may be made
available to surge Internet freedom programs in closed societies
if the Secretary of State determines and reports to the appropriate
congressional committees that such use of funds is in the national
interest: Provided, That such funds are in addition to amounts
made available for such purposes: Provided further, That such
funds may be transferred to, and merged with, funds appropriated
by this Act under the heading ‘‘International Broadcasting Operations’’ following consultation with, and the regular notification
procedures of, the Committees on Appropriations.

Review.
Updates.
Determination.
Reports.

Transfer
authority.
Consultation.
Notification.

TORTURE AND OTHER CRUEL, INHUMAN, OR DEGRADING TREATMENT
OR PUNISHMENT

SEC. 7051. (a) LIMITATION.—None of the funds made available
by this Act may be used to support or justify the use of torture
and other cruel, inhuman, or degrading treatment or punishment
by any official or contract employee of the United States Government.
(b) ASSISTANCE.—Funds appropriated under titles III and IV
of this Act shall be made available, notwithstanding section 660
of the Foreign Assistance Act of 1961 and following consultation
with the Committees on Appropriations, for assistance to eliminate
torture and other cruel, inhuman, or degrading treatment or punishment by foreign police, military or other security forces in countries
receiving assistance from funds appropriated by this Act.

Consultation.

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AIRCRAFT TRANSFER, COORDINATION, AND USE

SEC. 7052. (a) TRANSFER AUTHORITY.—Notwithstanding any
other provision of law or regulation, aircraft procured with funds
appropriated by this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related programs under the headings ‘‘Diplomatic Programs’’, ‘‘International
Narcotics Control and Law Enforcement’’, ‘‘Andean Counterdrug
Initiative’’, and ‘‘Andean Counterdrug Programs’’ may be used for
any other program and in any region.
(b) PROPERTY DISPOSAL.—The authority provided in subsection
(a) shall apply only after the Secretary of State determines and
reports to the Committees on Appropriations that the equipment

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Applicability.
Determination.
Reports.

PUBL260A

134 STAT. 1796
Consultation.
Notification.

Applicability.

PUBLIC LAW 116–260—DEC. 27, 2020

is no longer required to meet programmatic purposes in the designated country or region: Provided, That any such transfer shall
be subject to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.
(c) AIRCRAFT COORDINATION.—
(1) AUTHORITY.—The uses of aircraft purchased or leased
by the Department of State and the United States Agency
for International Development with funds made available in
this Act or prior Acts making appropriations for the Department
of State, foreign operations, and related programs shall be
coordinated under the authority of the appropriate Chief of
Mission: Provided, That notwithstanding section 7063(b) of this
Act, such aircraft may be used to transport, on a reimbursable
or non-reimbursable basis, Federal and non-Federal personnel
supporting Department of State and USAID programs and
activities: Provided further, That official travel for other agencies for other purposes may be supported on a reimbursable
basis, or without reimbursement when traveling on a space
available basis: Provided further, That funds received by the
Department of State in connection with the use of aircraft
owned, leased, or chartered by the Department of State may
be credited to the Working Capital Fund of the Department
and shall be available for expenses related to the purchase,
lease, maintenance, chartering, or operation of such aircraft.
(2) SCOPE.—The requirement and authorities of this subsection shall only apply to aircraft, the primary purpose of
which is the transportation of personnel.
(d) AIRCRAFT OPERATIONS AND MAINTENANCE.—To the maximum extent practicable, the costs of operations and maintenance,
including fuel, of aircraft funded by this Act shall be borne by
the recipient country.
PARKING FINES AND REAL PROPERTY TAXES OWED BY FOREIGN
GOVERNMENTS

Applicability.

SEC. 7053. The terms and conditions of section 7055 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2010 (division F of Public Law 111–117) shall
apply to this Act: Provided, That the date ‘‘September 30, 2009’’
in subsection (f)(2)(B) of such section shall be deemed to be ‘‘September 30, 2020’’.
INTERNATIONAL MONETARY FUND

Applicability.

SEC. 7054. (a) EXTENSIONS.—The terms and conditions of sections 7086(b) (1) and (2) and 7090(a) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act, 2010
(division F of Public Law 111–117) shall apply to this Act.
(b) REPAYMENT.—The Secretary of the Treasury shall instruct
the United States Executive Director of the International Monetary
Fund (IMF) to seek to ensure that any loan will be repaid to
the IMF before other private or multilateral creditors.

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EXTRADITION

Notification.

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SEC. 7055. (a) LIMITATION.—None of the funds appropriated
in this Act may be used to provide assistance (other than funds

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1797

provided under the headings ‘‘Development Assistance’’, ‘‘International Disaster Assistance’’, ‘‘Complex Crises Fund’’, ‘‘International Narcotics Control and Law Enforcement’’, ‘‘Migration and
Refugee Assistance’’, ‘‘United States Emergency Refugee and Migration Assistance Fund’’, and ‘‘Nonproliferation, Anti-terrorism,
Demining and Related Assistance’’) for the central government of
a country which has notified the Department of State of its refusal
to extradite to the United States any individual indicted for a
criminal offense for which the maximum penalty is life imprisonment without the possibility of parole or for killing a law enforcement officer, as specified in a United States extradition request.
(b) CLARIFICATION.—Subsection (a) shall only apply to the central government of a country with which the United States maintains diplomatic relations and with which the United States has
an extradition treaty and the government of that country is in
violation of the terms and conditions of the treaty.
(c) WAIVER.—The Secretary of State may waive the restriction
in subsection (a) on a case-by-case basis if the Secretary certifies
to the Committees on Appropriations that such waiver is important
to the national interest of the United States.

Applicability.

Certification.

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IMPACT ON JOBS IN THE UNITED STATES

SEC. 7056. 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
workers’ 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;
(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;
or
(4) for the enforcement of any rule, regulation, policy, or
guidelines implemented pursuant to the Supplemental Guidelines for High Carbon Intensity Projects approved by the
Export-Import Bank of the United States on December 12,
2013, when enforcement of such rule, regulation, policy, or
guidelines would prohibit, or have the effect of prohibiting,
any coal-fired or other power-generation project the purpose
of which is to—

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134 STAT. 1798

PUBLIC LAW 116–260—DEC. 27, 2020
(A) provide affordable electricity in International
Development Association (IDA)-eligible countries and IDAblend countries; and
(B) increase exports of goods and services from the
United States or prevent the loss of jobs from the United
States.
UNITED NATIONS POPULATION FUND

Transfer
authority.
Notification.

Abortion.

SEC. 7057. (a) CONTRIBUTION.—Of the funds made available
under the heading ‘‘International Organizations and Programs’’ in
this Act for fiscal year 2021, $32,500,000 shall be made available
for the United Nations Population Fund (UNFPA).
(b) AVAILABILITY OF FUNDS.—Funds appropriated by this Act
for UNFPA, that are not made available for UNFPA because of
the operation of any provision of law, shall be transferred to the
‘‘Global Health Programs’’ account and shall be made available
for family planning, maternal, and reproductive health activities,
subject to the regular notification procedures of the Committees
on Appropriations.
(c) PROHIBITION ON USE OF FUNDS IN CHINA.—None of the
funds made available by this Act may be used by UNFPA for
a country program in the People’s Republic of China.
(d) CONDITIONS ON AVAILABILITY OF FUNDS.—Funds made available by this Act for UNFPA may not be made available unless—
(1) UNFPA maintains funds made available by this Act
in an account separate from other accounts of UNFPA and
does not commingle such funds with other sums; and
(2) UNFPA does not fund abortions.
(e) REPORT TO CONGRESS AND DOLLAR-FOR-DOLLAR WITHHOLDING OF FUNDS.—
(1) Not later than 4 months after the date of enactment
of this Act, the Secretary of State shall submit a report to
the Committees on Appropriations indicating the amount of
funds that UNFPA is budgeting for the year in which the
report is submitted for a country program in the People’s
Republic of China.
(2) If a report under paragraph (1) indicates that UNFPA
plans to spend funds for a country program in the People’s
Republic of China in the year covered by the report, then
the amount of such funds UNFPA plans to spend in the People’s
Republic of China shall be deducted from the funds made
available to UNFPA after March 1 for obligation for the
remainder of the fiscal year in which the report is submitted.

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GLOBAL HEALTH ACTIVITIES

SEC. 7058. (a) IN GENERAL.—Funds appropriated by titles III
and IV of this Act that are made available for bilateral assistance
for child survival activities or disease 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 the heading ‘‘Global
Health Programs’’ 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 $575,000,000
should be made available for family planning/reproductive health,

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1799

including in areas where population growth threatens biodiversity
or endangered species.
(b) INFECTIOUS DISEASE OUTBREAKS.—
(1) GLOBAL HEALTH SECURITY.—Funds appropriated by this
Act under the heading ‘‘Global Health Programs’’ shall be made
available for global health security programs, which shall
prioritize and accelerate efforts to strengthen public health
capacity in countries where there is a high risk of emerging
zoonotic and other infectious diseases and to support the collection, analysis, and sharing of data on unknown viruses and
other pathogens: Provided, That not later than 60 days after
enactment of this Act, the USAID Administrator shall consult
with the Committees on Appropriations on the planned uses
of such funds.
(2) 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, not to exceed an aggregate total of
$200,000,000 of the 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.
(3) 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.
(4) 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.
(c) CHILDHOOD CANCER.—Funds appropriated under titles III
and VI of this Act may be made available for public-private partnerships, including in coordination with relevant multilateral organizations and research entities, to address childhood cancer: Provided,
That the Secretary of State, in consultation with the USAID
Administrator and the Office of Global Partnerships, Department
of State, shall submit a report to the Committees on Appropriations
on the feasibility of such partnerships prior to any obligation of
funds and not later than 90 days after enactment of this Act.

Deadline.
Consultation.

Determination.
Reports.
Transfer
authority.

Coordination.

Consultation.
Reports.

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GENDER EQUALITY

SEC. 7059. (a) WOMEN’S EMPOWERMENT.—
(1) GENDER EQUALITY.—Funds appropriated by this Act
shall be made available to promote gender equality in United

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Consultation.

Consultation.
Notification.

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PUBLIC LAW 116–260—DEC. 27, 2020

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 $200,000,000 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 should 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

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134 STAT. 1801

be made available following consultation with, and the regular
notification procedures of, the Committees on Appropriations.

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SECTOR ALLOCATIONS

SEC. 7060. (a) BASIC EDUCATION AND HIGHER EDUCATION.—
(1) BASIC EDUCATION.—
(A) Of the funds appropriated under title III of this
Act, not less than $950,000,000 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 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 of the funds made available by this
paragraph, $150,000,000 should be available for the education of girls in areas of conflict: 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 $150,000,000 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.
(3) HIGHER EDUCATION IN COUNTRIES IMPACTED BY ECONOMIC CRISES.—In addition to amounts made available pursuant to paragraph (2), of the funds appropriated by this Act
under the heading ‘‘Economic Support Fund’’, not less than
$50,000,000 shall be made available, notwithstanding any other
provision of law that restricts assistance to foreign countries

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Consultation.

Notification.

Notification.

Deadline.
Consultation.

Consultation.

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Notification.

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Determination.
Reports.

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PUBLIC LAW 116–260—DEC. 27, 2020

and following consultation with the Committees on Appropriations, for the following institutions that are recipients of United
States assistance and located in countries impacted by economic
crises—
(A) United States-accredited institutions of higher education in the Middle East; and
(B) not-for-profit, coeducational American institutions
of higher education in the Middle East and Asia.
(b) DEVELOPMENT PROGRAMS.—Of the funds appropriated by
this Act under the heading ‘‘Development Assistance’’, not less
than $18,500,000 shall be made available for USAID cooperative
development programs 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.
(2)(A) Of the funds appropriated under title III of this
Act, not less than $320,000,000 shall be made available for
biodiversity conservation programs.
(B) Not less than $100,664,000 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 institution (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
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.

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134 STAT. 1803

(5) Of the funds appropriated under title III of this Act,
not less than $177,000,000 shall be made available for adaptation programs, including in support of the implementation of
the Indo-Pacific Strategy.
(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, including in support of carrying out
the purposes of the Electrify Africa Act (Public Law 114–121)
and implementation of the Power Africa initiative.
(7) Of the funds appropriated under title III of this Act,
not less than $75,000,000 shall be made available for programs
to address ocean plastic pollution and other marine debris,
including technical assistance for waste management: Provided,
That the Secretary of State, in consultation with the Secretary
of the Treasury, the USAID Administrator, and the heads of
other relevant Federal agencies, shall seek to enter into negotiations with key bilateral and multilateral donors, including the
World Bank, to establish a new multilateral fund for ocean
plastic pollution and other marine debris: Provided further,
That such funds may be made available for a contribution
to such new fund, and for a USAID-administered multi-donor
fund for such purposes: Provided further, That such funds
are in addition to amounts otherwise made available by this
Act for such purposes: Provided further, That such funds may
only be made available following consultation with the Committees on Appropriations.
(d) FOOD SECURITY AND AGRICULTURAL DEVELOPMENT.—Of the
funds appropriated by title III of this Act, not less than
$1,010,600,000 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 $99,000,000 shall be made available for activities to combat trafficking in persons internationally,
including for the Program to End Modern Slavery, of which not
less than $77,000,000 shall be from funds made available under
the heading ‘‘International Narcotics Control and Law Enforcement’’: Provided, That funds made available by this Act under
the headings ‘‘Development Assistance’’, ‘‘Economic Support Fund’’,
and ‘‘Assistance for Europe, Eurasia and Central Asia’’ that are
made available for activities to combat trafficking in persons should
be obligated and programmed consistent with the country-specific
recommendations included in the annual Trafficking in Persons
Report, and shall be coordinated with the Office to Monitor and
Combat Trafficking in Persons, Department of State.

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Consultation.

Consultation.

Coordination.

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134 STAT. 1804

Consultation.
Notification.

PUBLIC LAW 116–260—DEC. 27, 2020

(g) RECONCILIATION PROGRAMS.—Of the funds appropriated by
this Act under the heading ‘‘Development Assistance’’, not less
than $25,000,000 shall be made available to support people-topeople reconciliation programs which bring together individuals
of different ethnic, religious, and political backgrounds from areas
of civil strife and war: 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.
BUDGET DOCUMENTS

Deadlines.

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Notification.

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SEC. 7061. (a) OPERATING PLANS.—Not later than 45 days after
enactment of this Act, each department, agency, or organization
funded in titles I, II, and VI of this Act, and the Department
of the Treasury and Independent Agencies funded in title III of
this Act, including the Inter-American Foundation and the United
States African Development Foundation, shall submit to the
Committees on Appropriations an operating plan for funds appropriated to such department, agency, or organization in such titles
of this Act, or funds otherwise available for obligation in fiscal
year 2021, that provides details of the uses of such funds at the
program, project, and activity level: Provided, That such plans
shall include, as applicable, a comparison between the congressional
budget justification funding levels, the most recent congressional
directives or approved funding levels, and the funding levels proposed by the department or agency; and a clear, concise, and informative description/justification: Provided further, That operating
plans that include changes in levels of funding for programs,
projects, and activities specified in the congressional budget justification, in this Act, or amounts specifically designated in the
respective tables included in the explanatory statement described
in section 4 (in the matter preceding division A of this consolidated
Act), as applicable, shall be subject to the notification and reprogramming requirements of section 7015 of this Act.
(b) SPEND PLANS.—
(1) Not later than 90 days after enactment of this Act,
the Secretary of State or Administrator of the United States
Agency for International Development, as appropriate, shall
submit to the Committees on Appropriations a spend plan
for funds made available by this Act, for—
(A) assistance for Afghanistan, Iraq, Lebanon, Pakistan, Syria, Colombia, and countries in Central America;

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1805

(B) assistance made available pursuant to section
7047(d) of this Act to counter Russian influence and aggression, except that such plan shall be on a country-by-country
basis;
(C) assistance made available pursuant to section 7059
of this Act;
(D) the Indo-Pacific Strategy and the Countering Chinese Influence Fund;
(E) democracy programs, the Power Africa and Prosper
Africa initiatives, and sectors enumerated in subsections
(a), (c), (d), (e), (f), (g) and (h) of section 7060 of this
Act;
(F) funds provided under the heading ‘‘International
Narcotics Control and Law Enforcement’’ for International
Organized Crime and for Cybercrime and Intellectual Property Rights: Provided, That the spend plans shall include
bilateral and global programs funded under such heading
along with a brief description of the activities planned
for each country; and
(G) the regional security initiatives described under
this heading in section 7050 in Senate Report 116–126.
(2) Not later than 90 days after enactment of this Act,
the Secretary of the Treasury shall submit to the Committees
on Appropriations a detailed spend plan for funds made available by this Act under the heading ‘‘Department of the
Treasury, International Affairs Technical Assistance’’ in title
III.
(c) CLARIFICATION.—The spend plans referenced in subsection
(b) shall not be considered as meeting the notification requirements
in this Act or under section 634A of the Foreign Assistance Act
of 1961.
(d) CONGRESSIONAL BUDGET JUSTIFICATION.—
(1) SUBMISSION.—The congressional budget justification for
Department of State operations and foreign operations shall
be provided to the Committees on Appropriations concurrent
with the date of submission of the President’s budget for fiscal
year 2022: Provided, That the appendices for such justification
shall be provided to the Committees on Appropriations not
later than 10 calendar days thereafter.
(2) MULTI-YEAR AVAILABILITY OF CERTAIN FUNDS.—The Secretary of State and the USAID Administrator shall include
in the congressional budget justification a detailed justification
for multi-year availability for any funds requested under the
headings ‘‘Diplomatic Programs’’ and ‘‘Operating Expenses’’.

Appendices.

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REORGANIZATION

SEC. 7062. (a) OVERSIGHT.—
(1) PRIOR CONSULTATION AND NOTIFICATION.—Funds appropriated by this Act, prior Acts making appropriations for the
Department of State, foreign operations, and related programs,
or any other Act may not be used to implement a reorganization, redesign, or other plan described in paragraph (2) by
the Department of State, the United States Agency for International Development, or any other Federal department,

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134 STAT. 1806

PUBLIC LAW 116–260—DEC. 27, 2020
agency, or organization funded by this Act without prior consultation by the head of such department, agency, or organization with the appropriate congressional committees: Provided,
That such funds shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That any such notification submitted to such Committees
shall include a detailed justification for any proposed action,
including the information specified under section 7073 of the
joint explanatory statement accompanying the Department of
State, Foreign Operations, and Related Programs Appropriations Act, 2019 (division F of Public Law 116–6): Provided
further, That congressional notifications submitted in prior
fiscal years pursuant to similar provisions of law in prior Acts
making appropriations for the Department of State, foreign
operations, and related programs may be deemed to meet the
notification requirements of this section.
(2) DESCRIPTION OF ACTIVITIES.—Pursuant to paragraph
(1), a reorganization, redesign, or other plan shall include any
action to—
(A) expand, eliminate, consolidate, or downsize covered
departments, agencies, or organizations, including bureaus
and offices within or between such departments, agencies,
or organizations, including the transfer to other agencies
of the authorities and responsibilities of such bureaus and
offices;
(B) expand, eliminate, consolidate, or downsize the
United States official presence overseas, including at
bilateral, regional, and multilateral diplomatic facilities
and other platforms; or
(C) expand or reduce the size of the permanent Civil
Service, Foreign Service, eligible family member, and
locally employed staff workforce of the Department of State
and USAID from the levels specified in sections 7063(d)
and 7064(i) of this Act.
(b) ADDITIONAL REQUIREMENTS AND LIMITATIONS.—
(1) BUREAU OF POPULATION, REFUGEES, AND MIGRATION,
DEPARTMENT OF STATE.—None of the funds appropriated by
this Act, prior Acts making appropriations for the Department
of State, foreign operations, and related programs, or any other
Act may be used to downsize, downgrade, consolidate, close,
move, or relocate the Bureau of Population, Refugees, and
Migration, Department of State, or any activities of such
Bureau, to another Federal agency.
(2) ADMINISTRATION OF FUNDS.—Funds made available by
this Act—
(A) under the heading ‘‘Migration and Refugee Assistance’’ shall be administered by the Assistant Secretary
for Population, Refugees, and Migration, Department of
State, and this responsibility shall not be delegated; and
(B) that are made available for the Office of Global
Women’s Issues shall be administered by the United States
Ambassador-at-Large for Global Women’s Issues, Department of State, and this responsibility shall not be delegated.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1807

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DEPARTMENT OF STATE MANAGEMENT

SEC. 7063. (a) FINANCIAL SYSTEMS IMPROVEMENT.—Funds
appropriated by this Act for the operations of the Department
of State under the headings ‘‘Diplomatic Programs’’ and ‘‘Capital
Investment Fund’’ shall be made available to implement the recommendations contained in the Foreign Assistance Data Review
Findings Report (FADR) and the Office of Inspector General (OIG)
report entitled ‘‘Department Financial Systems Are Insufficient to
Track and Report on Foreign Assistance Funds’’: Provided, That
such funds may not be obligated for enhancements to, or expansions
of, the Budget System Modernization Financial System, Central
Resource Management System, Joint Financial Management
System, or Foreign Assistance Coordination and Tracking System
until such updated plan is submitted to the Committees on Appropriations: Provided further, That such funds may not be obligated
for new, or expansion of existing, ad hoc electronic systems to
track commitments, obligations, or expenditures of funds unless
the Secretary of State, following consultation with the Chief
Information Officer of the Department of State, has reviewed and
certified that such new system or expansion is consistent with
the FADR and OIG recommendations: Provided further, That not
later than 45 days after enactment of this Act, the Secretary of
State shall submit to the Committees on Appropriations an update
to the plan required under section 7006 of the Department of
State, Foreign Operations, and Related Programs Appropriations
Act, 2017 (division J of Public Law 115–31) for implementing the
FADR and OIG recommendations.
(b) WORKING CAPITAL FUND.—Funds appropriated by this Act
or otherwise made available to the Department of State for payments to the Working Capital Fund may only be used for the
service centers included in the Congressional Budget Justification,
Department of State, Foreign Operations, and Related Programs,
Fiscal Year 2021: Provided, That the amounts for such service
centers shall be the amounts included in such budget justification,
except as provided in section 7015(b) of this Act: Provided further,
That Federal agency components shall be charged only for their
direct usage of each Working Capital Fund service: Provided further,
That prior to increasing the percentage charged to Department
of State bureaus and offices for procurement-related activities, the
Secretary of State shall include the proposed increase in the Department of State budget justification or, at least 60 days prior to
the increase, provide the Committees on Appropriations a justification for such increase, including a detailed assessment of the cost
and benefit of the services provided by the procurement fee: Provided further, That Federal agency components may only pay for
Working Capital Fund services that are consistent with the purpose
and authorities of such components: Provided further, That the
Working Capital Fund shall be paid in advance or reimbursed
at rates which will return the full cost of each service.
(c) CERTIFICATION.—
(1) COMPLIANCE.—Not later than 45 days after the initial
obligation of funds appropriated under titles III and IV of
this Act that are made available to a Department of State
bureau or office with responsibility for the management and
oversight of such funds, the Secretary of State shall certify

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Plan update.

Consultation.
Review.
Certification.

Deadline.
Plan update.

Contracts.
Fees.
Time period.
Assessment.

Reimbursement.

Reports.

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134 STAT. 1808

Timeline.

Project proposals.
Records.

Deadline.

Notification.

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Reports.

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PUBLIC LAW 116–260—DEC. 27, 2020

and report to the Committees on Appropriations, on an individual bureau or office basis, that such bureau or office is
in compliance with Department and Federal financial and
grants management policies, procedures, and regulations, as
applicable.
(2) CONSIDERATIONS.—When making a certification
required by paragraph (1), the Secretary of State shall consider
the capacity of a bureau or office to—
(A) account for the obligated funds at the country
and program level, as appropriate;
(B) identify risks and develop mitigation and monitoring plans;
(C) establish performance measures and indicators;
(D) review activities and performance; and
(E) assess final results and reconcile finances.
(3) PLAN.—If the Secretary of State is unable to make
a certification required by paragraph (1), the Secretary shall
submit a plan and timeline detailing the steps to be taken
to bring such bureau or office into compliance.
(d) PERSONNEL LEVELS.—Funds made available by this Act
are made available to support the permanent Foreign Service and
Civil Service staff levels of the Department of State at not less
than the hiring targets established in the fiscal year 2020 operating
plan.
(e) INFORMATION TECHNOLOGY PLATFORM.—
(1) None of the funds appropriated in title I of this Act
under the heading ‘‘Administration of Foreign Affairs’’ may
be made available for a new major information technology
(IT) investment without the concurrence of the Chief Information Officer, Department of State.
(2) None of the funds appropriated in title I of this Act
under the heading ‘‘Administration of Foreign Affairs’’ may
be used by an agency to submit a project proposal to the
Technology Modernization Board for funding from the Technology Modernization Fund unless, not later than 15 days
in advance of submitting the project proposal to the Board,
the head of the agency—
(A) notifies the Committees on Appropriations of the
proposed submission of the project proposal; and
(B) submits to the Committees on Appropriations a
copy of the project proposal.
(3) None of the funds appropriated in title I of this Act
and prior Acts making appropriations for the Department of
State, foreign operations, and related programs under the
heading ‘‘Administration of Foreign Affairs’’ may be used by
an agency to carry out a project that is approved by the Board
unless the head of the agency—
(A) submits to the Committees on Appropriations a
copy of the approved project proposal, including the terms
of reimbursement of funding received for the project; and
(B) agrees to submit to the Committees on Appropriations a copy of each report relating to the project that
the head of the agency submits to the Board.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1809

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UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
MANAGEMENT

SEC. 7064. (a) AUTHORITY.—Up to $110,000,000 of the funds
made available in title III of this Act pursuant to or to carry
out the provisions of part I of the Foreign Assistance Act of 1961,
including funds appropriated under the heading ‘‘Assistance for
Europe, Eurasia and Central Asia’’, may be used by the United
States Agency for International Development to hire and employ
individuals in the United States and overseas on a limited appointment basis pursuant to the authority of sections 308 and 309
of the Foreign Service Act of 1980 (22 U.S.C. 3948 and 3949).
(b) RESTRICTION.—The authority to hire individuals contained
in subsection (a) shall expire on September 30, 2022.
(c) PROGRAM ACCOUNT CHARGED.—The account charged for the
cost of an individual hired and employed under the authority of
this section shall be the account to which the responsibilities of
such individual primarily relate: Provided, That funds made available to carry out this section may be transferred to, and merged
with, funds appropriated by this Act in title II under the heading
‘‘Operating Expenses’’.
(d) FOREIGN SERVICE LIMITED EXTENSIONS.—Individuals hired
and employed by USAID, with funds made available in this Act
or prior Acts making appropriations for the Department of State,
foreign operations, and related programs, pursuant to the authority
of section 309 of the Foreign Service Act of 1980 (22 U.S.C. 3949),
may be extended for a period of up to 4 years notwithstanding
the limitation set forth in such section.
(e) DISASTER SURGE CAPACITY.—Funds appropriated under title
III of this Act to carry out part I of the Foreign Assistance Act
of 1961, including funds appropriated under the heading ‘‘Assistance
for Europe, Eurasia and Central Asia’’, may be used, in addition
to funds otherwise available for such purposes, for the cost
(including the support costs) of individuals detailed to or employed
by USAID whose primary responsibility is to carry out programs
in response to natural disasters, or man-made disasters subject
to the regular notification procedures of the Committees on Appropriations.
(f) PERSONAL SERVICES CONTRACTORS.—Funds appropriated by
this Act to carry out chapter 1 of part I, chapter 4 of part II,
and section 667 of the Foreign Assistance Act of 1961, and title
II of the Food for Peace Act (Public Law 83–480; 7 U.S.C. 1721
et seq.), may be used by USAID to employ up to 40 personal
services contractors in the United States, notwithstanding any other
provision of law, for the purpose of providing direct, interim support
for new or expanded overseas programs and activities managed
by the agency until permanent direct hire personnel are hired
and trained: Provided, That not more than 15 of such contractors
shall be assigned to any bureau or office: Provided further, That
such funds appropriated to carry out title II of the Food for Peace
Act (Public Law 83–480; 7 U.S.C. 1721 et seq.), may be made
available only for personal services contractors assigned to the
Bureau for Humanitarian Assistance.
(g) SMALL BUSINESS.—In entering into multiple award indefinite-quantity contracts with funds appropriated by this Act, USAID
may provide an exception to the fair opportunity process for placing

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22 USC 3948
note.

Expiration date.
22 USC 3948
note.
22 USC 3948
note.
Transfer
authority.

22 USC 3948
note.

Notification.

Contracts.
Exception.

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PUBLIC LAW 116–260—DEC. 27, 2020

task orders under such contracts when the order is placed with
any category of small or small disadvantaged business.
(h) SENIOR FOREIGN SERVICE LIMITED APPOINTMENTS.—Individuals hired pursuant to the authority provided by section 7059(o)
of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2010 (division F of Public Law 111–
117) may be assigned to or support programs in Afghanistan or
Pakistan with funds made available in this Act and prior Acts
making appropriations for the Department of State, foreign operations, and related programs.
(i) PERSONNEL LEVELS.—Funds made available by this Act
under the heading ‘‘Operating Expenses’’ are made available to
support not less than 1,850 permanent Foreign Service Officers
and 1,600 permanent Civil Service staff.
STABILIZATION AND DEVELOPMENT IN REGIONS IMPACTED BY
EXTREMISM AND CONFLICT

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Notification.

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SEC. 7065. (a) PREVENTION AND STABILIZATION FUND.—
(1) FUNDS AND TRANSFER AUTHORITY.—Of the funds appropriated by this Act under the headings ‘‘Economic Support
Fund’’, ‘‘International Narcotics Control and Law Enforcement’’,
‘‘Nonproliferation, Anti-terrorism, Demining and Related Programs’’, ‘‘Peacekeeping Operations’’, and ‘‘Foreign Military
Financing Program’’, not less than $100,000,000 shall be made
available for the purposes of the Prevention and Stabilization
Fund, as authorized by, and for the purposes enumerated in,
section 509(a) of the Global Fragility Act of 2019 (title V of
division J of Public Law 116–94), of which $25,000,000 may
be made available for the Multi-Donor Global Fragility Fund
authorized by section 510(c) of such Act: Provided, That such
funds appropriated under such headings may be transferred
to, and merged with, funds appropriated under such headings:
Provided further, That such transfer authority is in addition
to any other transfer authority provided by this Act or any
other Act, and is subject to the regular notification procedures
of the Committees on Appropriations.
(2) TRANSITIONAL JUSTICE.—Of the funds appropriated by
this Act under the headings ‘‘Economic Support Fund’’ and
‘‘International Narcotics Control and Law Enforcement’’ that
are made available for the Prevention and Stabilization Fund,
not less than $10,000,000 shall be made available for programs
to promote accountability for genocide, crimes against
humanity, and war crimes, including in Iraq and Syria, which
shall be in addition to any other funds made available by
this Act for such purposes: Provided, That such programs shall
include components to develop local investigative and judicial
skills, and to collect and preserve evidence and maintain the
chain of custody of evidence, including for use in prosecutions,
and may include the establishment of, and assistance for,
transitional justice mechanisms: Provided further, That such
funds shall be administered by the Special Coordinator for
the Office of Global Criminal Justice, Department of State:
Provided further, That funds made available by this paragraph
shall be made available on an open and competitive basis.
(b) GLOBAL FRAGILITY ACT IMPLEMENTATION.—Funds appropriated by this Act shall be made available to implement the Global

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134 STAT. 1811

Fragility Act of 2019 (title V of division J of Public Law 116–
94): Provided, That not later than 180 days after enactment of
this Act, the Secretary of State, in consultation with the Administrator of the United States Agency for International Development,
shall submit a spend plan to the Committees on Appropriations
detailing the use of funds made available by this Act for such
purposes.
(c) GLOBAL COMMUNITY ENGAGEMENT AND RESILIENCE FUND.—
Funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related
programs under the heading ‘‘Economic Support Fund’’ may be
made available to the Global Community Engagement and Resilience Fund (GCERF), including as a contribution: Provided, That
any such funds made available for the GCERF shall be made
available on a cost-matching basis from sources other than the
United States Government, to the maximum extent practicable,
and shall be subject to the regular notification procedures of the
Committees on Appropriations.
(d) GLOBAL CONCESSIONAL FINANCING FACILITY.—Of the funds
appropriated by this Act under the heading ‘‘Economic Support
Fund’’, $25,000,000 shall be made available for the Global
Concessional Financing Facility of the World Bank to provide
financing to support refugees and host communities: Provided, That
such funds shall be in addition to funds allocated for bilateral
assistance in the report required by section 653(a) of the Foreign
Assistance Act of 1961, and may only be made available subject
to prior to consultation with the Committees on Appropriations:
Provided further, That such funds may be transferred to the Department of the Treasury.

Deadline.
Consultation.
Spend plan.

Cost matching.
Notification.

Consultation.

Transfer
authority.

DISABILITY PROGRAMS

SEC. 7066. (a) ASSISTANCE.—Funds appropriated by this Act
under the heading ‘‘Development Assistance’’ shall be made available for programs and activities administered by the United States
Agency for International Development to address the needs and
protect and promote the rights of people with disabilities in developing countries, including initiatives that focus on independent
living, economic self-sufficiency, advocacy, education, employment,
transportation, sports, political and electoral participation, and
integration of individuals with disabilities, including for the cost
of translation.
(b) MANAGEMENT, OVERSIGHT, AND TECHNICAL SUPPORT.—Of
the funds made available pursuant to this section, 5 percent may
be used by USAID for management, oversight, and technical support.

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DEBT-FOR-DEVELOPMENT

SEC. 7067. In order to enhance the continued participation
of nongovernmental organizations in debt-for-development and debtfor-nature exchanges, a nongovernmental organization which is a
grantee or contractor of the United States Agency for International
Development may place in interest bearing accounts local currencies
which accrue to that organization as a result of economic assistance
provided under title III of this Act and, subject to the regular
notification procedures of the Committees on Appropriations, any

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Notification.

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interest earned on such investment shall be used for the purpose
for which the assistance was provided to that organization.
ENTERPRISE FUNDS

SEC. 7068. (a) NOTIFICATION.—None of the funds made available
under titles III through VI of this Act may be made available
for Enterprise Funds unless the appropriate congressional committees are notified at least 15 days in advance.
(b) DISTRIBUTION OF ASSETS PLAN.—Prior to the distribution
of any assets resulting from any liquidation, dissolution, or winding
up of an Enterprise Fund, in whole or in part, the President
shall submit to the appropriate congressional committees a plan
for the distribution of the assets of the Enterprise Fund.
(c) TRANSITION OR OPERATING PLAN.—Prior to a transition to
and operation of any private equity fund or other parallel investment fund under an existing Enterprise Fund, the President shall
submit such transition or operating plan to the appropriate congressional committees.

President.
Time period.

EXTENSION OF CONSULAR FEES AND RELATED AUTHORITIES

Applicability.
22 USC 214 note.

Ante, p. 592.

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Transfer
authority.
Determination.
Reports.
Consultation.

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SEC. 7069. (a) Section 1(b)(1) of the Passport Act of June
4, 1920 (22 U.S.C. 214(b)(1)) shall be applied through fiscal year
2021 by substituting ‘‘the costs of providing consular services’’ for
‘‘such costs’’.
(b) Section 21009 of the Emergency Appropriations for
Coronavirus Health Response and Agency Operations (division B
of Public Law 116–136; 134 Stat. 592) is amended by striking
‘‘fiscal year 2020’’ and inserting ‘‘fiscal years 2020 and 2021’’.
(c) Discretionary amounts made available to the Department
of State under the heading ‘‘Administration of Foreign Affairs’’
of this Act, and discretionary unobligated balances under such
heading from prior Acts making appropriations for the Department
of State, foreign operations, and related programs, may be transferred to the Consular and Border Security Programs account if
the Secretary of State determines and reports to the Committees
on Appropriations that to do so is necessary to sustain consular
operations, following consultation with 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: Provided further, That no amounts may be transferred from
amounts designated for Overseas Contingency Operations/Global
War on Terrorism or as emergency requirements pursuant to a
concurrent resolution on the budget or section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
(d) In addition to the uses permitted pursuant to section
286(v)(2)(A) of the Immigration and Nationality Act (8 U.S.C.
1356(v)(2)(A)), for fiscal year 2021, the Secretary of State may
also use fees deposited into the Fraud Prevention and Detection
Account for the costs of providing consular services.
(e) Amounts provided pursuant to subsections (a), (b), and
(d) are designated 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.

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134 STAT. 1813

PROTECTIVE SERVICES

SEC. 7070. Of the funds appropriated under the heading ‘‘Diplomatic Programs’’ by this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related programs, except for funds 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, up to $15,000,000 may be made available to provide protective
services to former or retired senior Department of State officials
or employees that the Secretary of State, in consultation with
the Director of National Intelligence, determines and reports to
congressional leadership and the appropriate congressional committees, face a serious and credible threat from a foreign power or
the agent of a foreign power arising from duties performed by
such official or employee while employed by the Department: Provided, That such determination shall include a justification for
the provision of protective services by the Department, including
the identification of the specific nature of the threat and the anticipated duration of such services provided, which may be submitted
in classified form, if necessary: Provided further, That such protective services shall be consistent with other such services performed
by the Bureau of Diplomatic Security under 22 U.S.C. 2709 for
Department officials, and shall be made available for an initial
period of not more than 180 days, which may be extended for
additional consecutive periods of 60 days upon a subsequent determination by the Secretary that the specific threat persists: Provided
further, That not later than 45 days after enactment of this Act
and quarterly thereafter, the Secretary shall submit a report to
congressional leadership and the appropriate congressional committees detailing the number of individuals receiving protective services
and the amount of funds expended for such services on a caseby-case basis, which may be submitted in classified form, if necessary: Provided further, That for purposes of this section a former
or retired senior Department of State official or employee means
a person that served in the Department at the Assistant Secretary,
Special Representative, or Senior Advisor level, or in a comparable
or more senior position, and has separated from service at the
Department: Provided further, That funds made available pursuant
to this section are in addition to amounts otherwise made available
for such purposes: Provided further, That amounts repurposed
pursuant to this section 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.

Consultation.
Determination.
Reports.

Time periods.
Extension.
Determination.

Time period.
Reports.

Definition.

RESCISSIONS
(INCLUDING RESCISSIONS OF FUNDS)

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SEC.
SIONS.—

7071. (a) OVERSEAS CONTINGENCY OPERATIONS RESCIS-

(1) DIPLOMATIC AND CONSULAR PROGRAMS.—Of the unobligated balances from amounts made available under the heading
‘‘Diplomatic and Consular Programs’’ in title II of the Security

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PUBLIC LAW 116–260—DEC. 27, 2020

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Assistance Appropriations Act, 2017 (division B of Public Law
114–254), $360,123,000 are rescinded.
(2) PEACEKEEPING OPERATIONS.—Of the unobligated balances from amounts made available under the heading ‘‘Peacekeeping Operations’’ from prior Acts making appropriations
for the Department of State, foreign operations, and related
programs and 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, $40,000,000 are rescinded.
(3) FOREIGN MILITARY FINANCING PROGRAM.—Of the unobligated balances from amounts made available under the heading
‘‘Foreign Military Financing Program’’ from prior Acts making
appropriations for the Department of State, foreign operations,
and related programs and 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, $25,000,000 are rescinded.
(4) DESIGNATION.—For the purposes of this subsection,
funds 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.
(b) ADDITIONAL RESCISSIONS.—
(1) ECONOMIC SUPPORT FUND.—Of the unobligated balances
from amounts made available under the heading ‘‘Economic
Support Fund’’ from prior Acts making appropriations for the
Department of State, foreign operations, and related programs,
$75,000,000 are rescinded.
(2) PEACE CORPS.—Of the unobligated balances from
amounts made available under the heading ‘‘Peace Corps’’ from
prior Acts making appropriations for the Department of State,
foreign operations, and related programs, $30,000,000 are
rescinded.
(3) INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT.—Of the unobligated balances from amounts made available under the heading ‘‘International Narcotics Control and
Law Enforcement’’ from prior Acts making appropriations for
the Department of State, foreign operations, and related programs, $50,411,000 are rescinded.
(4) LIMITATION.—For the purposes of this subsection, no
amounts may be rescinded from amounts that were designated
by Congress as an emergency requirement or for Overseas
Contingency Operations/Global War on Terrorism pursuant to
a concurrent resolution on the budget or the Balanced Budget
and Emergency Deficit Control Act of 1985.

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134 STAT. 1815

TITLE VIII
NITA M. LOWEY MIDDLE EAST PARTNERSHIP FOR PEACE
ACT OF 2020

Nita M. Lowey
Middle East
Partnership
for Peace Act
of 2020.

SHORT TITLE

SEC. 8001. This title may be cited as the ‘‘Nita M. Lowey
Middle East Partnership for Peace Act of 2020’’.

22 USC 2346d
note.

FINDINGS

SEC. 8002. Congress finds the following:
(1) Economic development in conflict settings has been
shown to support stabilization by empowering entrepreneurs,
growing the middle class, and mitigating unemployment.
(2) In 2018, unemployment in the Palestinian territories
was 32.4 percent. Gross Domestic Product (GDP) growth in
the Palestinian territories declined from 2017 to 2019, and
it is projected to further decline in 2020.
(3) According to the World Bank Ad Hoc Liaison Committee’s April 2019 Economic Monitoring Report, ‘‘to achieve
sustainable economic growth, in the Palestinian territories,
growth and job creation going forward will need to be private
sector driven’’.
(4) According to the 2018 Joint Strategic Plan of the Department of State and the United States Agency for International
Development, ‘‘assistance can help prevent new recruitment
to terrorist organizations, reduce levels of violence, promote
legitimate governance structures that strengthen inclusion, and
reduce policies that marginalize communities’’.
(5) Although economic development is an important tool
for stabilizing conflict-prone settings and establishing connections between communities, economic development by itself will
not lead to lasting peace. People-to-people peace-building programs further advance reconciliation efforts by promoting
greater understanding, mutual trust, and cooperation between
communities.
(6) While the United States and its international partners
continue to support diplomatic and political negotiations
between the representatives of the parties to the Israeli-Palestinian conflict, such efforts require broad popular support
among the people on the ground to succeed.
(7) Achieving sustainable, high-level agreements for lasting
peace in the Middle East must come through, and with the
support of, the people who live there, and the United States
and its international partners can help the people of the region
build popular support for sustainable agreements for lasting
peace.

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SENSE OF CONGRESS

SEC. 8003. It is the sense of Congress that—
(1) building a viable Palestinian economy is central to
the effort to preserve the possibility of a negotiated settlement
leading to a sustainable two-state solution with the democratic,

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134 STAT. 1816

PUBLIC LAW 116–260—DEC. 27, 2020
Jewish state of Israel and a demilitarized, democratic Palestinian state living side-by-side in peace, security, and mutual
recognition;
(2) United States and international support for grassroots,
people-to-people efforts aimed at fostering tolerance, and
building support for such solution, can help counter extremist
propaganda and the growing issue of incitement;
(3) strengthening engagement between Palestinians and
Israelis, including through people-to-people peace-building programs can increase the bonds of friendship and understanding;
(4) investing in the development of the Palestinian economy
and in joint economic ventures can advance multiple sectors
to the benefit of local, regional, and global parties; and
(5) Congress encourages cooperation between Palestinian,
American, and Israeli business sectors in order to benefit the
Palestinian, American, and Israeli peoples and economies.
PEOPLE-TO-PEOPLE PARTNERSHIP FOR PEACE FUND

SEC. 8004. 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:
22 USC 2346d.

‘‘SEC. 535 PEOPLE-TO-PEOPLE PARTNERSHIP FOR PEACE FUND.

Effective date.

‘‘(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 ‘Peopleto-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 accept contributions for the purposes
of the Fund, consistent with subsection (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 considered
for funding through the Fund.
‘‘(2) MEMBERSHIP.—

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Recommendations.

Appointments.
Time period.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1817

‘‘(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 to serve as chair, 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 two 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, and shall not receive compensation on account
of their service on the advisory board.
‘‘(f) USAID MISSION RECOMMENDATIONS.—The Administrator
shall consider the input and recommendations from missions of
the United States Agency for International Development in the
region and mission directors regarding projects that should be
considered for funding through the Fund.
‘‘(g) COORDINATION.—The Administrator shall coordinate with
the Secretary of State in carrying out the provisions of this section.’’.

Consultation.

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JOINT INVESTMENT FOR PEACE INITIATIVE

SEC. 8005. (a) ESTABLISHMENT.—Beginning on the date that
is 180 days after the date of the enactment of this Act, the Chief
Executive Officer of the United States International Development
Finance Corporation (referred to in this section as the ‘‘Chief Executive Officer’’ and the ‘‘Corporation’’, respectively) is authorized to
establish a program to provide investments in, and support to,
entities that carry out projects that contribute to the development
of the Palestinian private sector economy in the West Bank and
Gaza. The program established under this subsection shall be
known as the ‘‘Joint Investment for Peace Initiative’’ (referred to

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Effective date.

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Termination
date.

Assessment.

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PUBLIC LAW 116–260—DEC. 27, 2020

in this section as the ‘‘Initiative’’) and shall be subject to all existing
terms, conditions, restrictions, oversight requirements, and
applicable provisions of law, including the Better Utilization of
Investments Leading to Development Act of 2018 (22 U.S.C. 9611
et seq), including through strict adherence to the less-developed
country focus under section 1412(c) of such Act.
(b) PARTICIPATION REQUIREMENT.—In carrying out the Initiative, the Chief Executive Officer shall ensure participation by small
and medium-sized enterprises owned by Palestinians, which may
include the technology sector, the agriculture sector, and other
high value-added or emerging industries.
(c) PRIORITY.—In carrying out the Initiative, the Chief Executive Officer shall prioritize support to projects that increase economic cooperation between Israelis and Palestinians.
(d) USE OF EXISTING AUTHORITIES.—In carrying out the Initiative, the Chief Executive Officer shall utilize the authorities under
section 1421 of the Better Utilization of Investments Leading to
Development Act of 2018 (22 U.S.C. 9621), including to—
(1) select a manager of the Initiative;
(2) oversee and direct the operation of the Initiative consistent with such Act and other provisions of law;
(3) provide the Initiative with loans, guaranties, equity,
and insurance, as appropriate, to enable the Initiative to attract
private investment;
(4) support the private sector in entering into joint ventures
between Palestinian and Israeli entities; and
(5) carry out the purposes of the Initiative consistent with
the provisions of this section and other applicable provisions
of law.
(e) ANNUAL REPORT.—
(1) IN GENERAL.—Not later than December 31, 2021, and
each December 31 thereafter until December 31, 2031, the
Chief Executive Officer shall submit to the appropriate congressional committees a report that describes the following:
(A) The extent to which the Initiative has contributed
to promoting and supporting Palestinian economic development.
(B) The extent to which the Initiative has contributed
to greater integration of the Palestinian economy into the
international rules-based business system.
(C) The extent to which projects that increase economic
cooperation between Palestinians and Israelis and between
Palestinians and Americans have been prioritized,
including through support to the private sector to enter
into joint ventures.
(D) Information on the following:
(i) Investments received and provided through the
Initiative.
(ii) The mechanisms established for transparency
and accountability of investments provided through the
Initiative.
(E) The extent to which entities supported by the Initiative have impacted the efficacy of people-to-people programs.
(F) To the extent practicable, an assessment of the
sustainability of commercial endeavors that receive support
from the Initiative.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1819

(G) A description of the process for vetting and oversight of entities eligible for support from the Initiative
to ensure compliance with the requirements of section
8006(b) of this Act.
(2) FORM.—The reports required under this subsection shall
be submitted in unclassified form, without the designation ‘‘For
Official Use Only’’ or any related or successor designation,
but may be accompanied by a classified annex.
(f) TERMINATION.—
(1) IN GENERAL.—The Initiative shall terminate at the end
of the fiscal year that is 10 years after the date on which
the Chief Executive Officer makes the first investment under
the Initiative.
(2) EXCEPTION.—The Chief Executive Officer is authorized
to continue to manage investments made under the Initiative
on and after the date specified in paragraph (1).
(g) COORDINATION.—The Chief Executive Officer shall coordinate with the Secretary of State and the Administrator of the
United States Agency for International Development in carrying
out the provisions of this section.

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LIMITATIONS, VETTING, COORDINATION, AND OVERSIGHT

SEC. 8006. (a) LIMITATIONS.—None of the funds made available
to carry out this title, or any amendment made by this title, may
be used to provide—
(1) financial assistance to the national government of any
foreign country;
(2) assistance for—
(A) any individual or group the Secretary of State
determines to be involved in, or advocating, terrorist
activity; or
(B) any individual who is a member of a foreign terrorist organization (as designated pursuant to section 219
of the Immigration and Nationality Act (8 U.S.C. 1189));
or
(3) assistance for the Palestinian Authority or the Palestine
Liberation Organization.
(b) APPLICABLE REGULATIONS.—Assistance made available
under this title, and any amendment made by this title, shall
adhere to the mission directives and vetting practices for assistance
for the West Bank and Gaza, as set forth by the United States
Agency for International Development.
(c) COORDINATION.—
(1) The Chief Executive Officer of the United States International Development Finance Corporation, acting through the
Chief Development Officer of such Corporation, shall coordinate
with the Administrator of the United States Agency for International Development and the Secretary of State to ensure
that all expenditures from the Joint Investment for Peace Initiative comply with this section.
(2) To the extent practicable, the Administrator of the
United States Agency for International Development and the
Chief Executive Officer of the United States International
Development Finance Corporation should coordinate and share
information in advance of providing resources through the

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Terrorism.
Determination.

Compliance.

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134 STAT. 1820

PUBLIC LAW 116–260—DEC. 27, 2020
People-to-People Partnership for Peace Fund and the Joint
Investment for Peace Initiative.
(d) REPORT.—
(1) IN GENERAL.—Not later than 90 days after the end
of the first fiscal year in which both the People-to-People Partnership for Peace Fund and the Joint Investment for Peace
Initiative are in effect, and annually thereafter, the Administrator of the United States Agency for International Development and the Chief Executive Officer of the United States
International Development Finance Corporation shall, in
coordination with the Secretary of State, jointly submit to the
appropriate congressional committees a report in writing that
describes—
(A)(i) lessons learned and best practices developed from
funding for projects under the People-to-People Partnership
for Peace Fund during the prior fiscal year; and
(ii) the extent to which such projects have contributed
to the purposes of the People-to-People Partnership for
Peace Fund;
(B)(i) lessons learned and best practices developed from
investments provided under the Joint Investment for Peace
Initiative during the prior fiscal year; and
(ii) the extent to which such investments have contributed to the purposes of the Joint Investment for Peace
Initiative; and
(C) how the United States International Development
Finance Corporation and the United States Agency for
International Development coordinate and share information with respect to the People-to-People Partnership for
Peace Fund and the Joint Investment for Peace Initiative.
(2) CONSULTATION.—The Administrator of the United
States Agency for International Development, in consultation
with the Secretary of State, shall consult with the advisory
board established by subsection (e) of section 535 of the Foreign
Assistance Act of 1961 (as added by section 8004 of this Act)
to inform the reports required by paragraph (1).
APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED

SEC. 8007. In this title, the term ‘‘appropriate congressional
committees’’ 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).
AUTHORIZATION OF APPROPRIATIONS

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Deadline.
Coordination.

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SEC. 8008. (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) CONSULTATION REQUIREMENT.—Not later than 90 days after
enactment of this Act, and prior to the obligation of funds made
available to implement this title, the Administrator of the United
States Agency for International Development and the Chief Executive Officer of the United States International Development Finance
Corporation, in coordination with the Secretary of State, shall consult with the Committees on Appropriations on the proposed uses
of funds.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1821

(c) ADMINISTRATIVE EXPENSES.—Not more than 5 percent of
amounts authorized to be appropriated by subsection (a) for a
fiscal year should be made available for administrative expenses
to carry out section 535 of the Foreign Assistance Act of 1961
(as added by section 8004 of this Act).
(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.

Time period.

TITLE IX
EMERGENCY FUNDING AND OTHER MATTERS
DEPARTMENT OF STATE
ADMINISTRATION

OF

FOREIGN AFFAIRS

CONSULAR AND BORDER SECURITY PROGRAMS

For an additional amount for ‘‘Consular and Border Security
Programs’’, $300,000,000, to remain available until expended, to
prevent, prepare for, and respond to coronavirus, domestically or
internationally, which shall be for offsetting losses resulting from
the coronavirus pandemic of fees and surcharges collected and
deposited into the account pursuant to section 7081 of division
J of Public Law 115–31: Provided, That funds made available under
this heading in this Act shall be in addition to any other funds
made available for this purpose: Provided further, That such amount
is designated 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.
SUDAN CLAIMS

For necessary expenses to carry out section 7 of the Sudan
Claims Resolution Act, notwithstanding any other provision of law,
$150,000,000, to remain available until expended: Provided, That
any unexpended balances remaining following the distributions
described in section 7(b)(1) of the Sudan Claims Resolution Act
that are determined by the Secretary of State, not later than
September 30, 2030, and at the close of each fiscal year thereafter,
to be excess to the needs of such distributions, shall be returned
to the general fund of the Treasury: Provided further, That such
amount is designated 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.

Determination.
Deadline.
28 USC 1605A
note.

BILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED

TO THE

PRESIDENT

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GLOBAL HEALTH PROGRAMS

For an additional amount for ‘‘Global Health Programs’’,
$4,000,000,000, to remain available until September 30, 2022, to
prevent, prepare for, and respond to coronavirus, including for
vaccine procurement and delivery: Provided, That such funds shall
be administered by the Administrator of the United States Agency

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134 STAT. 1822

PUBLIC LAW 116–260—DEC. 27, 2020

for International Development and shall be made available as a
contribution to The GAVI Alliance: Provided further, That such
amount is designated 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.
ECONOMIC SUPPORT FUND

Transfer
authority.

Determination.

Consultation.

For an additional amount for ‘‘Economic Support Fund’’,
$700,000,000, to remain available until September 30, 2022, which
shall be for assistance for Sudan, and which may be made available
as contributions: Provided, That up to $100,000,000 of such funds
may be transferred to, and merged with, funds made available
under the headings ‘‘Global Health Programs’’ and ‘‘Transition Initiatives’’ in Acts making appropriations for the Department of State,
foreign operations, and related programs: Provided further, That
upon a determination by the Secretary of State that funds transferred pursuant to the preceding proviso are not necessary for
the purposes provided, such amounts may be transferred back to
such accounts: Provided further, That funds appropriated under
this heading in this title may be made available notwithstanding
any other provision of law for contributions authorized under this
heading, agriculture and economic growth programs, and economic
assistance for marginalized areas in Sudan and Abyei: Provided
further, That prior to the initial obligation of funds appropriated
under this heading in this title, the Secretary of State shall consult
with the Committees on Appropriations: Provided further, That
such amount is designated 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.
DEPARTMENT

OF THE

TREASURY

DEBT RESTRUCTURING

For an additional amount for ‘‘Debt Restructuring’’,
$120,000,000, to remain available until expended, which may be
used, notwithstanding any other provision of law, for payment
by the Secretary of the Treasury to the International Monetary
Fund for Heavily Indebted Poor Countries debt relief for Sudan:
Provided, That such amount is designated 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.

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GENERAL PROVISIONS—THIS TITLE

Extension.
Time period.

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SEC. 9001. Each amount appropriated or made available by
this title is in addition to amounts otherwise appropriated for
fiscal year 2021.
SEC. 9002. Notwithstanding section 7034(q)(7) of this division
of this Act, the additional amounts appropriated by this title to
appropriations accounts shall be available under the authorities
and conditions applicable to such appropriations accounts for funds
appropriated in fiscal year 2021, unless otherwise directed by this
title.
SEC. 9003. Notwithstanding the limitations in sections 609(i)
and 609(j) of the Millennium Challenge Act of 2003 (2211 U.S.C.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1823

7708(j), 7715), the Millennium Challenge Corporation may, subject
to the availability of funds, extend any compact in effect as of
January 29, 2020, for up to one additional year, to account for
delays related to coronavirus: Provided, That the Corporation shall
notify the appropriate congressional committees prior to providing
any such extension.
This division may be cited as the ‘‘Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2021’’.
DIVISION L—TRANSPORTATION, HOUSING AND URBAN
DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2021
TITLE I
DEPARTMENT OF TRANSPORTATION
OFFICE

OF THE

SECRETARY

Notification.

Transportation,
Housing and
Urban
Development,
and Related
Agencies
Appropriations
Act, 2021.
Department of
Transportation
Appropriations
Act, 2021.

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SALARIES AND EXPENSES

For necessary expenses of the Office of the Secretary,
$126,174,000, of which not to exceed $3,360,000 shall be available
for the immediate Office of the Secretary; not to exceed $1,200,000
shall be available for the immediate Office of the Deputy Secretary;
not to exceed $22,210,000 shall be available for the Office of the
General Counsel; not to exceed $11,797,000 shall be available for
the Office of the Under Secretary of Transportation for Policy;
not to exceed $16,394,000 shall be available for the Office of the
Assistant Secretary for Budget and Programs; not to exceed
$3,010,000 shall be available for the Office of the Assistant Secretary for Governmental Affairs; not to exceed $32,239,000 shall
be available for the Office of the Assistant Secretary for Administration; not to exceed $2,610,000 shall be available for the Office
of Public Affairs; not to exceed $2,018,000 shall be available for
the Office of the Executive Secretariat; not to exceed $13,576,000
shall be available for the Office of Intelligence, Security, and Emergency Response; and not to exceed $17,760,000 shall be available
for the Office of the Chief Information Officer: Provided, That
the Secretary of Transportation (referred to in this title as the
‘‘Secretary’’) is authorized to transfer funds appropriated for any
office of the Office of the Secretary to any other office of the
Office of the Secretary: Provided further, That no appropriation
for any office shall be increased or decreased by more than 7
percent by all such transfers: Provided further, That notice of any
change in funding greater than 7 percent shall be submitted for
approval to the House and Senate Committees on Appropriations:
Provided further, That not to exceed $70,000 shall be for allocation
within the Department for official reception and representation
expenses as the Secretary may determine: Provided further, That
notwithstanding any other provision of law, there may be credited
to this appropriation up to $2,500,000 in funds received in user
fees: Provided further, That none of the funds provided in this
Act shall be available for the position of Assistant Secretary for
Public Affairs.

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Transfer
authority.

Notice.
Funding
approval.

PUBL260A

134 STAT. 1824

PUBLIC LAW 116–260—DEC. 27, 2020
RESEARCH AND TECHNOLOGY

Continuation.
49 USC 112 note.

For necessary expenses related to the Office of the Assistant
Secretary for Research and Technology, $22,800,000, of which
$16,485,000 shall remain available until expended: Provided, That
there may be credited to this appropriation, to be available until
expended, funds received from States, counties, municipalities, other
public authorities, and private sources for expenses incurred for
training: Provided further, That any reference in law, regulation,
judicial proceedings, or elsewhere to the Research and Innovative
Technology Administration shall continue to be deemed to be a
reference to the Office of the Assistant Secretary for Research
and Technology of the Department of Transportation.
NATIONAL INFRASTRUCTURE INVESTMENTS
(INCLUDING TRANSFER OF FUNDS)

Distribution.
Grants.

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Definition.
Time period.

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For capital investments in surface transportation infrastructure, $1,000,000,000 to remain available until September 30, 2024:
Provided, That the Secretary shall distribute amounts made available under this heading as discretionary grants to be awarded
to a State, local or tribal government, U.S. territory, transit agency,
port authority, metropolitan planning organization, political subdivision of a State or local government, or a collaboration among
such entities on a competitive basis for projects that will have
a significant local or regional impact: Provided further, That projects
eligible for amounts made available under this heading shall
include, but not be limited to, highway or bridge projects eligible
under title 23, United States Code; public transportation projects
eligible under chapter 53 of title 49, United States Code; passenger
and freight rail transportation projects; port infrastructure investments (including inland port infrastructure and land ports of entry);
and projects investing in surface transportation facilities that are
located on tribal land and for which title or maintenance responsibility is vested in the Federal Government: Provided further, That
of the amount made available under this heading, the Secretary
shall use an amount not more than $30,000,000 for the planning,
preparation or design of projects eligible for amounts made available
under this heading, of which not less than $10,000,000 is for projects
eligible for amounts made available under this heading located
in or to directly benefit areas of persistent poverty: Provided further,
That the term ‘‘areas of persistent poverty’’ means any county
that has consistently had greater than or equal to 20 percent
of the population living in poverty during the 30-year period preceding the date of enactment of this Act, as measured by the
1990 and 2000 decennial census and the most recent annual Small
Area Income and Poverty Estimates as estimated by the Bureau
of the Census; any census tract with a poverty rate of at least
20 percent as measured by the 2014–2018 5-year data series available from the American Community Survey of the Bureau of the
Census; or any territory or possession of the United States: Provided
further, That grants awarded under the previous two provisos shall
not be subject to a minimum grant size: Provided further, That
the Secretary may use up to 20 percent of the amounts made
available under this heading for the purpose of paying the subsidy
and administrative costs of projects eligible for Federal credit assistance under chapter 6 of title 23, United States Code, or sections

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PUBL260A

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1825

501 through 504 of the Railroad Revitalization and Regulatory
Reform Act of 1976 (Public Law 94–210), if the Secretary finds
that such use of the funds would advance the purposes of this
heading: Provided further, That in distributing amounts made available under this heading, the Secretary shall take such measures
so as to ensure an equitable geographic distribution of funds, an
appropriate balance in addressing the needs of urban and rural
areas, including tribal areas, and the investment in a variety of
transportation modes: Provided further, That a grant award under
this heading shall be not less than $5,000,000 and not greater
than $25,000,000: Provided further, That not more than 10 percent
of the amounts made available under this heading may be awarded
to projects in a single State: Provided further, That the Federal
share of the costs for which an amount is provided under this
heading shall be, at the option of the recipient, up to 80 percent:
Provided further, That the Secretary shall give priority to projects
that require a contribution of Federal funds in order to complete
an overall financing package: Provided further, That an award
under this heading is an urban award if it is to a project located
within or on the boundary of an Urbanized Area (UA), as designated
by the Bureau of the Census, that had a population greater than
200,000 in the 2010 decennial census: Provided further, That for
the purpose of determining if an award for planning, preparation
or design is an urban award, the project location is the location
of the project being planned, prepared or designed: Provided further,
That each award under this heading that is not an urban award
is a rural award: Provided further, That of the amounts awarded
under this heading, not more than 50 percent shall be awarded
as urban awards and rural awards, respectively: Provided further,
That for rural awards, the minimum grant size shall be $1,000,000:
Provided further, That for rural awards and areas of persistent
poverty awards the Secretary may increase the Federal share of
costs above 80 percent: Provided further, That projects conducted
using amounts made available under this heading shall comply
with the requirements of subchapter IV of chapter 31 of title 40,
United States Code: Provided further, That the Secretary shall
conduct a new competition to select the grants and credit assistance
awarded under this heading: Provided further, That the Secretary
may retain up to $20,000,000 of the amounts made available under
this heading, and may transfer portions of such amounts to the
Administrators of the Federal Highway Administration, the Federal
Transit Administration, the Federal Railroad Administration and
the Maritime Administration to fund the award and oversight of
grants and credit assistance made under the National Infrastructure Investments program: Provided further, That none of the
amounts made available in the previous proviso may be used to
hire additional personnel: Provided further, That the Secretary
shall consider and award projects based solely on the selection
criteria from the fiscal year 2017 Notice of Funding Opportunity:
Provided further, That, notwithstanding the previous proviso, the
Secretary shall not use the Federal share or an applicant’s ability
to generate non-Federal revenue as a selection criteria in awarding
projects: Provided further, That the Secretary shall issue the Notice
of Funding Opportunity no later than 120 days after enactment
of this Act: Provided further, That such Notice of Funding Opportunity shall require application submissions 90 days after the publishing of such Notice: Provided further, That of the applications

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Priority.
Urban and rural
areas.

Urban and rural
areas.

Compliance.

Notice.
Deadline.
Requirement.
Deadline.
Publication.
Grants.
Deadline.
Determination.

PUBL260A

134 STAT. 1826

PUBLIC LAW 116–260—DEC. 27, 2020

submitted under the previous two provisos, the Secretary shall
make grants no later than 330 days after enactment of this Act
in such amounts that the Secretary determines.
NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE FINANCE
BUREAU

Fees.

For necessary expenses of the National Surface Transportation
and Innovative Finance Bureau as authorized by 49 U.S.C. 116,
$5,000,000, to remain available until expended: Provided, That
the Secretary may collect and spend fees, as authorized by title
23, United States Code, to cover the costs of services of expert
firms, including counsel, in the field of municipal and project finance
to assist in the underwriting and servicing of Federal credit
instruments and all or a portion of the costs to the Federal Government of servicing such credit instruments: Provided further, That
such fees are available until expended to pay for such costs: Provided further, That such amounts are in addition to other amounts
made available for such purposes and are not subject to any obligation limitation or the limitation on administrative expenses under
section 608 of title 23, United States Code.
RAILROAD REHABILITATION AND IMPROVEMENT FINANCING PROGRAM

Loans.

The Secretary is authorized to issue direct loans and loan
guarantees pursuant to sections 501 through 504 of the Railroad
Revitalization and Regulatory Reform Act of 1976 (Public Law
94–210), as amended, such authority shall exist as long as any
such direct loan or loan guarantee is outstanding.
FINANCIAL MANAGEMENT CAPITAL

For necessary expenses for upgrading and enhancing the
Department of Transportation’s financial systems and reengineering business processes, $2,000,000, to remain available
through September 30, 2022.
CYBER SECURITY INITIATIVES

For necessary expenses for cyber security initiatives, including
necessary upgrades to network and information technology infrastructure, improvement of identity management and authentication
capabilities, securing and protecting data, implementation of Federal cyber security initiatives, and implementation of enhanced
security controls on agency computers and mobile devices,
$22,000,000, to remain available until September 30, 2022.
OFFICE OF CIVIL RIGHTS

For necessary expenses of the Office of Civil Rights, $9,600,000.
TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT

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(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for conducting transportation planning,
research, systems development, development activities, and making
grants, $9,350,000, to remain available until expended: Provided,
That of such amount, $1,000,000 shall be for necessary expenses

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1827

of the Interagency Infrastructure Permitting Improvement Center
(IIPIC): Provided further, That there may be transferred to this
appropriation, to remain available until expended, amounts transferred from other Federal agencies for expenses incurred under
this heading for IIPIC activities not related to transportation infrastructure: Provided further, That the tools and analysis developed
by the IIPIC shall be available to other Federal agencies for the
permitting and review of major infrastructure projects not related
to transportation only to the extent that other Federal agencies
provide funding to the Department in accordance with the preceding
proviso.

Analysis.
Review.

WORKING CAPITAL FUND
(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for operating costs and capital outlays
of the Working Capital Fund, not to exceed $319,793,000, shall
be paid from appropriations made available to the Department
of Transportation: Provided, That such services shall be provided
on a competitive basis to entities within the Department of
Transportation (DOT): Provided further, That the limitation in the
preceding proviso on operating expenses shall not apply to nonDOT entities: Provided further, That no funds made available by
this Act to an agency of the Department shall be transferred to
the Working Capital Fund without majority approval of the Working
Capital Fund Steering Committee and approval of the Secretary:
Provided further, That no assessments may be levied against any
program, budget activity, subactivity, or project funded by this
Act unless notice of such assessments and the basis therefor are
presented to the House and Senate Committees on Appropriations
and are approved by such Committees.

Assessments.
Notification.

SMALL AND DISADVANTAGED BUSINESS UTILIZATION AND OUTREACH

For necessary expenses for small and disadvantaged business
utilization and outreach activities, $4,714,000, to remain available
until September 30, 2022: Provided, That notwithstanding section
332 of title 49, United States Code, such amounts may be used
for business opportunities related to any mode of transportation:
Provided further, That appropriations made available under this
heading shall be available for any purpose consistent with prior
year appropriations that were made available under the heading
‘‘Office of the Secretary—Minority Business Resource Center Program’’.
PAYMENTS TO AIR CARRIERS

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(AIRPORT AND AIRWAY TRUST FUND)

In addition to funds made available from any other source
to carry out the essential air service program under sections 41731
through 41742 of title 49, United States Code, $141,724,000, to
be derived from the Airport and Airway Trust Fund, to remain
available until expended: Provided, That in determining between
or among carriers competing to provide service to a community,
the Secretary may consider the relative subsidy requirements of

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Determination.

PUBL260A

134 STAT. 1828

Reimbursement.

PUBLIC LAW 116–260—DEC. 27, 2020

the carriers: Provided further, That basic essential air service minimum requirements shall not include the 15-passenger capacity
requirement under section 41732(b)(3) of title 49, United States
Code: Provided further, That amounts authorized to be distributed
for the essential air service program under section 41742(b) of
title 49, United States Code, shall be made available immediately
from amounts otherwise provided to the Administrator of the Federal Aviation Administration: Provided further, That the Administrator may reimburse such amounts from fees credited to the
account established under section 45303 of title 49, United States
Code.
TRANSPORTATION DEMONSTRATION PROGRAM

To expand intermodal and multimodal freight and cargo
transportation infrastructure, including airport development under
chapter 471 of title 49, United States Code, $100,000,000, to remain
available until expended: Provided, That the Secretary shall distribute funds provided under this heading as discretionary grants
to maritime port authorities or former military airports classified
as general aviation airports in the National Plan on Integrated
Airport System report for fiscal years 2019 to 2023: Provided further, That eligible applicants that are maritime port authorities
shall use a terminal railway and be located not more than 10
miles from a former military airport classified as a general aviation
airport in the National Plan on Integrated Airport System report
for fiscal years 2019 to 2023: Provided further, That eligible
applicants that are former military airports classified as general
aviation airports in the National Plan on Integrated Airport System
report for fiscal years 2019 to 2023 shall be located not more
than 10 miles from a maritime port authority that uses a terminal
railway: Provided further, That projects eligible under this heading
shall be located not more than 10 miles from at least two highways
on the Interstate System: Provided further, That the Secretary
shall issue the Notice of Funding Opportunity no later than 60
days after enactment of this Act.

Distribution.
Grants.

Notice.
Deadline.

ADMINISTRATIVE PROVISIONS—OFFICE OF THE SECRETARY OF
TRANSPORTATION
(INCLUDING RESCISSIONS)

Assessments.
Contracts.

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Web posting.
Records.

Transit benefits.

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SEC. 101. None of the funds made available by this Act to
the Department of Transportation may be obligated for the Office
of the Secretary of Transportation to approve assessments or
reimbursable agreements pertaining to funds appropriated to the
operating administrations in this Act, except for activities underway
on the date of enactment of this Act, unless such assessments
or agreements have completed the normal reprogramming process
for congressional notification.
SEC. 102. The Secretary shall post on the web site of the
Department of Transportation a schedule of all meetings of the
Council on Credit and Finance, including the agenda for each
meeting, and require the Council on Credit and Finance to record
the decisions and actions of each meeting.
SEC. 103. In addition to authority provided by section 327
of title 49, United States Code, the Department’s Working Capital
Fund is authorized to provide partial or full payments in advance

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1829

and accept subsequent reimbursements from all Federal agencies
from available funds for transit benefit distribution services that
are necessary to carry out the Federal transit pass transportation
fringe benefit program under Executive Order No. 13150 and section
3049 of SAFETEA–LU (5 U.S.C. 7905 note): Provided, That the
Department shall maintain a reasonable operating reserve in the
Working Capital Fund, to be expended in advance to provide
uninterrupted transit benefits to Government employees: Provided
further, That such reserve shall not exceed 1 month of benefits
payable and may be used only for the purpose of providing for
the continuation of transit benefits: Provided further, That the
Working Capital Fund shall be fully reimbursed by each customer
agency from available funds for the actual cost of the transit benefit.
SEC. 104. Receipts collected in the Department’s Working Capital Fund, as authorized by section 327 of title 49, United States
Code, for unused van pool benefits, in an amount not to exceed
10 percent of fiscal year 2021 collections, shall be available until
expended in the Department’s Working Capital Fund to provide
contractual services in support of section 199A of this Act: Provided,
That obligations in fiscal year 2021 of such collections shall not
exceed $1,000,000.
SEC. 105. The remaining unobligated balances, as of September
30, 2021, from amounts made available for the ‘‘Department of
Transportation—Office of the Secretary—National Infrastructure
Investments’’ in division G of the Consolidated Appropriations Act,
2019 (Public Law 116–6) are hereby permanently rescinded, and
an amount of additional new budget authority equivalent to the
amount rescinded is hereby appropriated on September 30, 2021,
to remain available until September 30, 2022, and shall be available, without additional competition, for completing the funding
of awards made pursuant to the fiscal year 2019 national infrastructure investments program.
SEC. 106. None of the funds in this Act may be obligated
or expended for retention or senior executive bonuses for an
employee of the Department of Transportation without the prior
written approval of the Assistant Secretary for Administration.
SEC. 107. In addition to authority provided by section 327
of title 49, United States Code, the Department’s Administrative
Working Capital Fund is hereby authorized to transfer information
technology equipment, software, and systems from Departmental
sources or other entities and collect and maintain a reserve at
rates which will return full cost of transferred assets.
SEC. 108. None of the funds provided in this Act to the Department of Transportation may be used to provide credit assistance
unless not less than 3 days before any application approval to
provide credit assistance under sections 603 and 604 of title 23,
United States Code, the Secretary provides notification in writing
to the following committees: the House and Senate Committees
on Appropriations; the Committee on Environment and Public
Works and the Committee on Banking, Housing and Urban Affairs
of the Senate; and the Committee on Transportation and Infrastructure of the House of Representatives: Provided, That such notification shall include, but not be limited to, the name of the project
sponsor; a description of the project; whether credit assistance
will be provided as a direct loan, loan guarantee, or line of credit;
and the amount of credit assistance.

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Reimbursement.

Advance
approval.

Time period.
Notification.

PUBL260A

134 STAT. 1830

PUBLIC LAW 116–260—DEC. 27, 2020
FEDERAL AVIATION ADMINISTRATION
OPERATIONS
(AIRPORT AND AIRWAY TRUST FUND)

Transfer
authority.

Deadline.
Updates.
49 USC 44506
note.

Late penalties.
Deadline.

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Reports.
49 USC 44502
note.

Late penalties.
Deadline.

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For necessary expenses of the Federal Aviation Administration,
not otherwise provided for, including operations and research activities related to commercial space transportation, administrative
expenses for research and development, establishment of air navigation facilities, the operation (including leasing) and maintenance
of aircraft, subsidizing the cost of aeronautical charts and maps
sold to the public, the lease or purchase of passenger motor vehicles
for replacement only, $11,001,500,000, to remain available until
September 30, 2022, of which $10,519,000,000 shall be derived
from the Airport and Airway Trust Fund: Provided, That of the
sums appropriated under this heading—
(1) not less than $1,479,039,000 shall be available for aviation safety activities;
(2) $8,205,821,000 shall be available for air traffic organization activities;
(3) $27,555,000 shall be available for commercial space
transportation activities;
(4) $836,141,000 shall be available for finance and management activities;
(5) $62,862,000 shall be available for NextGen and operations planning activities;
(6) $124,928,000 shall be available for security and hazardous materials safety; and
(7) $265,154,000 shall be available for staff offices:
Provided further, That not to exceed 5 percent of any budget
activity, except for aviation safety budget activity, may be transferred to any budget activity under this heading: Provided further,
That no transfer may increase or decrease any appropriation under
this heading by more than 5 percent: Provided further, That any
transfer in excess of 5 percent shall be treated as a reprogramming
of funds under section 405 of this Act and shall not be available
for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further, That not later
than 60 days after the submission of the budget request, the
Administrator of the Federal Aviation Administration shall transmit
to Congress an annual update to the report submitted to Congress
in December 2004 pursuant to section 221 of the Vision 100-Century
of Aviation Reauthorization Act (49 U.S.C. 40101 note): Provided
further, That the amounts made available under this heading shall
be reduced by $100,000 for each day after 60 days after the submission of the budget request that such report has not been transmitted
to Congress: Provided further, That not later than 60 days after
the submission of the budget request, the Administrator shall
transmit to Congress a companion report that describes a comprehensive strategy for staffing, hiring, and training flight standards and aircraft certification staff in a format similar to the one
utilized for the controller staffing plan, including stated attrition
estimates and numerical hiring goals by fiscal year: Provided further, That the amounts made available under this heading shall
be reduced by $100,000 for each day after the date that is 60
days after the submission of the budget request that such report

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1831

has not been submitted to Congress: Provided further, That funds
may be used to enter into a grant agreement with a nonprofit
standard-setting organization to assist in the development of aviation safety standards: Provided further, That none of the funds
made available by this Act shall be available for new applicants
for the second career training program: Provided further, That
none of the funds in this Act shall be available for the Federal
Aviation Administration to finalize or implement any regulation
that would promulgate new aviation user fees not specifically
authorized by law after the date of the enactment of this Act:
Provided further, That there may be credited to this appropriation,
as offsetting collections, funds received from States, counties,
municipalities, foreign authorities, other public authorities, and
private sources for expenses incurred in the provision of agency
services, including receipts for the maintenance and operation of
air navigation facilities, and for issuance, renewal or modification
of certificates, including airman, aircraft, and repair station certificates, or for tests related thereto, or for processing major repair
or alteration forms: Provided further, That of the amounts made
available under this heading, not less than $172,800,000 shall be
used to fund direct operations of the current air traffic control
towers in the contract tower program, including the contract tower
cost share program, and any airport that is currently qualified
or that will qualify for the program during the fiscal year: Provided
further, That none of the funds made available by this Act for
aeronautical charting and cartography are available for activities
conducted by, or coordinated through, the Working Capital Fund:
Provided further, That none of the funds appropriated or otherwise
made available by this Act or any other Act may be used to eliminate the Contract Weather Observers program at any airport.

Grants.
Contracts.
Nonprofit.

Fees.

FACILITIES AND EQUIPMENT

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(AIRPORT AND AIRWAY TRUST FUND)

For necessary expenses, not otherwise provided for, for acquisition, establishment, technical support services, improvement by
contract or purchase, and hire of national airspace systems and
experimental facilities and equipment, as authorized under part
A of subtitle VII of title 49, United States Code, including initial
acquisition of necessary sites by lease or grant; engineering and
service testing, including construction of test facilities and acquisition of necessary sites by lease or grant; construction and furnishing
of quarters and related accommodations for officers and employees
of the Federal Aviation Administration stationed at remote localities
where such accommodations are not available; and the purchase,
lease, or transfer of aircraft from funds available under this
heading, including aircraft for aviation regulation and certification;
to be derived from the Airport and Airway Trust Fund,
$3,015,000,000, of which $545,000,000 shall remain available until
September 30, 2022, $2,330,400,000 shall remain available until
September 30, 2023, and $139,600,000 shall remain available until
expended: Provided, That there may be credited to this appropriation funds received from States, counties, municipalities, other
public authorities, and private sources, for expenses incurred in
the establishment, improvement, and modernization of national
airspace systems: Provided further, That not later than 60 days

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Deadline.
Investment plan.
Time period.

PUBL260A

134 STAT. 1832

PUBLIC LAW 116–260—DEC. 27, 2020

after submission of the budget request, the Secretary shall transmit
to the Congress an investment plan for the Federal Aviation
Administration which includes funding for each budget line item
for fiscal years 2022 through 2026, with total funding for each
year of the plan constrained to the funding targets for those years
as estimated and approved by the Office of Management and
Budget.
RESEARCH, ENGINEERING, AND DEVELOPMENT
(AIRPORT AND AIRWAY TRUST FUND)

Transfer
authority.

For necessary expenses, not otherwise provided for, for
research, engineering, and development, as authorized under part
A of subtitle VII of title 49, United States Code, including construction of experimental facilities and acquisition of necessary sites
by lease or grant, $198,000,000, to be derived from the Airport
and Airway Trust Fund and to remain available until September
30, 2023: Provided, That there may be credited to this appropriation
as offsetting collections, funds received from States, counties,
municipalities, other public authorities, and private sources, which
shall be available for expenses incurred for research, engineering,
and development: Provided further, That funds made available
under this heading shall be used in accordance with the explanatory
statement described in section 4 (in the matter preceding division
A of this consolidated Act): Provided further, That not to exceed
10 percent of any funding level specified under this heading in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act) may be transferred
to any other funding level specified under this heading in the
explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act): Provided further, That
no transfer may increase or decrease any funding level by more
than 10 percent: Provided further, That any transfer in excess
of 10 percent shall be treated as a reprogramming of funds under
section 405 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth
in that section.
GRANTS-IN-AID FOR AIRPORTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(AIRPORT AND AIRWAY TRUST FUND)

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(INCLUDING TRANSFER OF FUNDS)

For liquidation of obligations incurred for grants-in-aid for airport planning and development, and noise compatibility planning
and programs as authorized under subchapter I of chapter 471
and subchapter I of chapter 475 of title 49, United States Code,
and under other law authorizing such obligations; for procurement,
installation, and commissioning of runway incursion prevention
devices and systems at airports of such title; for grants authorized
under section 41743 of title 49, United States Code; and for inspection activities and administration of airport safety programs,

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PUBL260A

PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1833

including those related to airport operating certificates under section 44706 of title 49, United States Code, $3,350,000,000, to be
derived from the Airport and Airway Trust Fund and to remain
available until expended: Provided, That none of the amounts made
available under this heading shall be available for the planning
or execution of programs the obligations for which are in excess
of $3,350,000,000, in fiscal year 2021, notwithstanding section
47117(g) of title 49, United States Code: Provided further, That
none of the amounts made available under this heading shall be
available for the replacement of baggage conveyor systems, reconfiguration of terminal baggage areas, or other airport improvements
that are necessary to install bulk explosive detection systems: Provided further, That notwithstanding section 47109(a) of title 49,
United States Code, the Government’s share of allowable project
costs under paragraph (2) of such section for subgrants or paragraph
(3) of such section shall be 95 percent for a project at other than
a large or medium hub airport that is a successive phase of a
multi-phased construction project for which the project sponsor
received a grant in fiscal year 2011 for the construction project:
Provided further, That notwithstanding any other provision of law,
of amounts limited under this heading, not more than $119,402,000
shall be available for administration, not less than $15,000,000
shall be available for the Airport Cooperative Research Program,
not less than $40,666,000 shall be available for Airport Technology
Research, and $10,000,000, to remain available until expended,
shall be available and transferred to ‘‘Office of the Secretary, Salaries and Expenses’’ to carry out the Small Community Air Service
Development Program: Provided further, That in addition to airports
eligible under section 41743 of title 49, United States Code, such
program may include the participation of an airport that serves
a community or consortium that is not larger than a small hub
airport, according to FAA hub classifications effective at the time
the Office of the Secretary issues a request for proposals.

Request for
proposals.

GRANTS-IN-AID FOR AIRPORTS

For an additional amount for ‘‘Grants-In-Aid for Airports’’, to
enable the Secretary to make grants for projects as authorized
by subchapter 1 of chapter 471 and subchapter 1 of chapter 475
of title 49, United States Code, $400,000,000, to remain available
through September 30, 2023: Provided, That amounts made available under this heading shall be derived from the general fund,
and such funds shall not be subject to apportionment formulas,
special apportionment categories, or minimum percentages under
chapter 471: Provided further, That the Secretary shall distribute
funds provided under this heading as discretionary grants to airports: Provided further, That the amount made available under
this heading shall not be subject to any limitation on obligations
for the Grants-in-Aid for Airports program set forth in any Act:
Provided further, That the Administrator of the Federal Aviation
Administration may retain up to 0.5 percent of the funds provided
under this heading to fund the award and oversight by the Administrator of grants made under this heading.

Distribution.

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ADMINISTRATIVE PROVISIONS—FEDERAL AVIATION ADMINISTRATION

SEC. 110. None of the funds made available by this Act may
be used to compensate in excess of 600 technical staff-years under

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PUBL260A

134 STAT. 1834

Reimbursement.

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Fees.
Reports.

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PUBLIC LAW 116–260—DEC. 27, 2020

the federally funded research and development center contract
between the Federal Aviation Administration and the Center for
Advanced Aviation Systems Development during fiscal year 2021.
SEC. 111. None of the funds made available by this Act shall
be used to pursue or adopt guidelines or regulations requiring
airport sponsors to provide to the Federal Aviation Administration
without cost building construction, maintenance, utilities and
expenses, or space in airport sponsor-owned buildings for services
relating to air traffic control, air navigation, or weather reporting:
Provided, That the prohibition on the use of funds in this section
does not apply to negotiations between the agency and airport
sponsors to achieve agreement on ‘‘below-market’’ rates for these
items or to grant assurances that require airport sponsors to provide
land without cost to the Federal Aviation Administration for air
traffic control facilities.
SEC. 112. The Administrator of the Federal Aviation Administration may reimburse amounts made available to satisfy section
41742(a)(1) of title 49, United States Code, from fees credited under
section 45303 of title 49, United States Code, and any amount
remaining in such account at the close of any fiscal year may
be made available to satisfy section 41742(a)(1) of title 49, United
States Code, for the subsequent fiscal year.
SEC. 113. Amounts collected under section 40113(e) of title
49, United States Code, shall be credited to the appropriation
current at the time of collection, to be merged with and available
for the same purposes as such appropriation.
SEC. 114. None of the funds made available by this Act shall
be available for paying premium pay under subsection 5546(a)
of title 5, United States Code, to any Federal Aviation Administration employee unless such employee actually performed work during
the time corresponding to such premium pay.
SEC. 115. None of the funds made available by this Act may
be obligated or expended for an employee of the Federal Aviation
Administration to purchase a store gift card or gift certificate
through use of a Government-issued credit card.
SEC. 116. Notwithstanding any other provision of law, none
of the funds made available under this Act or any prior Act may
be used to implement or to continue to implement any limitation
on the ability of any owner or operator of a private aircraft to
obtain, upon a request to the Administrator of the Federal Aviation
Administration, a blocking of that owner’s or operator’s aircraft
registration number, Mode S transponder code, flight identification,
call sign, or similar identifying information from any ground based
display to the public that would allow the real-time or near realtime flight tracking of that aircraft’s movements, except data made
available to a Government agency, for the noncommercial flights
of that owner or operator.
SEC. 117. None of the funds made available by this Act shall
be available for salaries and expenses of more than nine political
and Presidential appointees in the Federal Aviation Administration.
SEC. 118. None of the funds made available by this Act may
be used to increase fees pursuant to section 44721 of title 49,
United States Code, until the Federal Aviation Administration provides to the House and Senate Committees on Appropriations a
report that justifies all fees related to aeronautical navigation products and explains how such fees are consistent with Executive
Order No. 13642.

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PUBL260A

PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1835

SEC. 119. None of the funds made available by this Act may
be used to close a regional operations center of the Federal Aviation
Administration or reduce its services unless the Administrator notifies the House and Senate Committees on Appropriations not less
than 90 full business days in advance.
SEC. 119A. None of the funds made available by or limited
by this Act may be used to change weight restrictions or prior
permission rules at Teterboro airport in Teterboro, New Jersey.
SEC. 119B. None of the funds made available by this Act
may be used by the Administrator of the Federal Aviation Administration to withhold from consideration and approval any new
application for participation in the Contract Tower Program, or
for reevaluation of Cost-share Program participants so long as
the Federal Aviation Administration has received an application
from the airport, and so long as the Administrator determines
such tower is eligible using the factors set forth in Federal Aviation
Administration published establishment criteria.
SEC. 119C. None of the funds made available by this Act
may be used to open, close, redesignate as a lesser office, or reorganize a regional office, the aeronautical center, or the technical
center unless the Administrator submits a request for the reprogramming of funds under section 405 of this Act.

Notification.
Deadline.

New Jersey.

Determination.

FEDERAL HIGHWAY ADMINISTRATION
LIMITATION ON ADMINISTRATIVE EXPENSES
(HIGHWAY TRUST FUND)
(INCLUDING TRANSFER OF FUNDS)

Not to exceed $475,649,049 together with advances and
reimbursements received by the Federal Highway Administration,
shall be obligated for necessary expenses for administration and
operation of the Federal Highway Administration: Provided, That
in addition, $3,248,000 shall be transferred to the Appalachian
Regional Commission in accordance with section 104(a) of title
23, United States Code.
FEDERAL-AID HIGHWAYS
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)

Funds available for the implementation or execution of Federalaid highway and highway safety construction programs authorized
under titles 23 and 49, United States Code, and the provisions
of the Fixing America’s Surface Transportation (FAST) Act (Public
Law 114–94) shall not exceed total obligations of $46,365,092,000
for fiscal year 2021.

23 USC 104 note.

(LIQUIDATION OF CONTRACT AUTHORIZATION)

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(HIGHWAY TRUST FUND)

For the payment of obligations incurred in carrying out Federalaid highway and highway safety construction programs authorized

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134 STAT. 1836

PUBLIC LAW 116–260—DEC. 27, 2020

under title 23, United States Code, $47,104,092,000 derived from
the Highway Trust Fund (other than the Mass Transit Account),
to remain available until expended.
HIGHWAY INFRASTRUCTURE PROGRAMS

Applicability.

Definition.

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Suballocations.

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There is hereby appropriated to the Secretary $2,000,000,000:
Provided, That the funds made available under this heading shall
be derived from the general fund, shall be in addition to any
funds provided for fiscal year 2021 in this or any other Act for:
(1) ‘‘Federal-aid Highways’’ under chapter 1 of title 23, United
States Code; or (2) the Appalachian Development Highway System
as authorized under section 1069(y) of Public Law 102–240, and
shall not affect the distribution or amount of funds provided in
any other Act: Provided further, That section 1101(b) of Public
Law 114–94 shall apply to funds made available under this heading:
Provided further, That unless otherwise specified, amounts made
available under this heading shall be available until September
30, 2024: Provided further, That of the funds made available under
this heading—
(1) $640,650,000 shall be for activities eligible under section
133(b) of title 23, United States Code, and to provide necessary
charging infrastructure along corridor-ready or corridor-pending
alternative fuel corridors designated pursuant to section 151
of title 23, United States Code;
(2) $2,700,000 shall be for activities eligible under the
Puerto Rico Highway Program as described in section
165(b)(2)(C) of title 23, United States Code;
(3) $650,000 shall be for activities eligible under the Territorial Highway Program, as described in section 165(c)(6) of
title 23, United States Code;
(4) $100,000,000 shall be for the nationally significant Federal lands and tribal projects program under section 1123 of
the FAST Act;
(5) $1,080,000,000 shall be for a bridge replacement and
rehabilitation program;
(6) $100,000,000 shall be for necessary expenses for
construction of the Appalachian Development Highway System
as authorized under section 1069(y) of Public Law 102–240;
(7) $16,000,000 shall be for the national scenic byways
program under section 162 of title 23, United States Code;
(8) $50,000,000 shall be for competitive grants for activities
described in section 130(a) of title 23, United States Code;
(9) $5,000,000 shall be for the Regional Infrastructure
Accelerator Demonstration Program authorized under section
1441 of the FAST Act; and
(10) $5,000,000 shall be for a National Road Network Pilot
Program for the Federal Highway Administration to create
a national level, geo-spatial dataset that uses data already
collected under the Highway Performance Monitoring System:
Provided further, That for the purposes of funds made available
under this heading, in paragraph (1) of the fourth proviso, the
term ‘‘State’’ means any of the 50 States or the District of Columbia:
Provided further, That the funds made available under this heading,
in paragraph (1) of the fourth proviso, shall be suballocated in
the manner described in section 133(d) of title 23, United States
Code, except that the set-aside described in section 133(h) of such

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PUBL260A

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1837

title shall not apply to funds made available under this heading,
in paragraph (1) of the fourth proviso: Provided further, That the
funds made available under this heading, in paragraphs (1), (5),
(7), and (8) of the fourth proviso, shall be administered as if apportioned under chapter 1 of such title: Provided further, That, the
funds made available under this heading, in paragraph (1) of the
fourth proviso, shall be apportioned to the States in the same
ratio as the obligation limitation for fiscal year 2021 is distributed
among the States in section 120(a)(5) of this Act: Provided further,
That, except as provided in the following proviso, the funds made
available under this heading for activities eligible under the Puerto
Rico Highway Program and activities eligible under the Territorial
Highway Program shall be administered as if allocated under sections 165(b) and 165(c), respectively, of title 23, United States
Code: Provided further, That the funds made available under this
heading for activities eligible under the Puerto Rico Highway Program shall not be subject to the requirements of sections
165(b)(2)(A) or 165(b)(2)(B) of such title: Provided further, That
not less than 25 percent of the funds made available under this
heading for the nationally significant Federal lands and tribal
projects program under section 1123 of the FAST Act shall be
for competitive grants to tribal governments: Provided further, That
for the purposes of funds made available under this heading for
a bridge replacement and rehabilitation program, (1) the term
‘‘State’’ means any of the 50 States or the District of Columbia,
and (2) the term ‘‘qualifying State’’ means any State in which
the percentage of total deck area of bridges classified as in poor
condition in such State is at least 5 percent or in which the percentage of total bridges classified as in poor condition in such State
is at least 5 percent: Provided further, That, of the funds made
available under this heading for a bridge replacement and
rehabilitation program, the Secretary shall reserve $6,000,000 for
each State that does not meet the definition of a qualifying State:
Provided further, That, after making the reservations under the
preceding proviso, the Secretary shall distribute the remaining
funds made available under this heading for a bridge replacement
and rehabilitation program to each qualifying State by the proportion that the percentage of total deck area of bridges classified
as in poor condition in such qualifying State bears to the sum
of the percentages of total deck area of bridges classified as in
poor condition in all qualifying States: Provided further, That for
the bridge replacement and rehabilitation program:
(1) no qualifying State shall receive more than $60,000,000;
(2) each State shall receive an amount not less than
$6,000,000; and
(3) after calculating the distribution of funds pursuant
to the preceding proviso, any amount in excess of $60,000,000
shall be redistributed equally among each State that does not
meet the definition of a qualifying State:
Provided further, That funds provided to States that do not meet
the definition of a qualifying State for the bridge replacement
and rehabilitation program shall be: (1) merged with amounts made
available to such State under this heading, in paragraph (1) of
the fourth proviso; (2) available for activities eligible under paragraph (1) of the fourth proviso; and (3) administered as if apportioned under chapter 1 of title 23, United States Code: Provided
further, That, except as provided in the preceding proviso, the

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Apportionment.

Grants.

Definition.

Distribution.

PUBL260A

134 STAT. 1838

Definition.

Apportionment.

Apportionments.

Consultation.

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Time period.

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PUBLIC LAW 116–260—DEC. 27, 2020

funds made available under this heading for a bridge replacement
and rehabilitation program shall be used for highway bridge replacement or rehabilitation projects on public roads: Provided further,
That for purposes of this heading for the bridge replacement and
rehabilitation program, the Secretary shall calculate the percentages of total deck area of bridges (including the percentages of
total deck area classified as in poor condition) and the percentages
of total bridge counts (including the percentages of total bridges
classified as in poor condition) based on the National Bridge Inventory as of December 31, 2018: Provided further, That for the purposes of funds made available under this heading for construction
of the Appalachian Development Highway System, the term ‘‘Appalachian State’’ means a State that contains 1 or more counties
(including any political subdivision located within the area) in the
Appalachian region as defined in section 14102(a) of title 40, United
States Code: Provided further, That funds made available under
this heading for construction of the Appalachian Development Highway System shall remain available until expended: Provided further,
That a project carried out with funds made available under this
heading for construction of the Appalachian Development Highway
System shall be carried out in the same manner as a project
under section 14501 of title 40, United States Code: Provided further, That subject to the following proviso, funds made available
under this heading for construction of the Appalachian Development
Highway System shall be apportioned to Appalachian States
according to the percentages derived from the 2012 Appalachian
Development Highway System Cost-to-Complete Estimate, adopted
in Appalachian Regional Commission Resolution Number 736, and
confirmed as each Appalachian State’s relative share of the estimated remaining need to complete the Appalachian Development
Highway System, adjusted to exclude those corridors that such
States have no current plans to complete, as reported in the 2013
Appalachian Development Highway System Completion Report,
unless those States have modified and assigned a higher priority
for completion of an Appalachian Development Highway System
corridor, as reported in the 2020 Appalachian Development Highway System Future Outlook: Provided further, That the Secretary
shall adjust apportionments made under the preceding proviso so
that no Appalachian State shall be apportioned an amount in excess
of 30 percent of the amount made available for construction of
the Appalachian Development Highway System under this heading:
Provided further, That the Secretary shall consult with the Appalachian Regional Commission in making adjustments under the
preceding two provisos: Provided further, That the Federal share
of the costs for which an expenditure is made for construction
of the Appalachian Development Highway System under this
heading shall be up to 100 percent: Provided further, That the
funds made available under this heading, in paragraph (8) of the
fourth proviso, shall be available for projects eligible under section
130(a) of title 23, United States Code, for commuter authorities,
as defined in section 24102(2) of title 49, United States Code,
that experienced at least one accident investigated by the National
Transportation Safety Board between January 1, 2008 and
December 31, 2018, and for which the National Transportation
Safety Board issued an accident report: Provided further, That
for amounts made available under this heading, in paragraphs

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1839

(8), (9), and (10) of the fourth proviso, the Federal share of the
costs shall be, at the option of the recipient, up to 100 percent.

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ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY ADMINISTRATION

SEC. 120. (a) For fiscal year 2021, the Secretary of Transportation shall—
(1) not distribute from the obligation limitation for Federalaid highways—
(A) amounts authorized for administrative expenses
and programs by section 104(a) of title 23, United States
Code; and
(B) amounts authorized for the Bureau of Transportation Statistics;
(2) not distribute an amount from the obligation limitation
for Federal-aid highways that is equal to the unobligated balance of amounts—
(A) made available from the Highway Trust Fund
(other than the Mass Transit Account) for Federal-aid highway and highway safety construction programs for previous
fiscal years the funds for which are allocated by the Secretary (or apportioned by the Secretary under sections 202
or 204 of title 23, United States Code); and
(B) for which obligation limitation was provided in
a previous fiscal year;
(3) determine the proportion that—
(A) the obligation limitation for Federal-aid highways,
less the aggregate of amounts not distributed under paragraphs (1) and (2) of this subsection; bears to
(B) the total of the sums authorized to be appropriated
for the Federal-aid highway and highway safety construction programs (other than sums authorized to be appropriated for provisions of law described in paragraphs (1)
through (11) of subsection (b) and sums authorized to be
appropriated for section 119 of title 23, United States Code,
equal to the amount referred to in subsection (b)(12) for
such fiscal year), less the aggregate of the amounts not
distributed under paragraphs (1) and (2) of this subsection;
(4) distribute the obligation limitation for Federal-aid highways, less the aggregate amounts not distributed under paragraphs (1) and (2), for each of the programs (other than programs to which paragraph (1) applies) that are allocated by
the Secretary under the Fixing America’s Surface Transportation Act and title 23, United States Code, or apportioned
by the Secretary under sections 202 or 204 of that title, by
multiplying—
(A) the proportion determined under paragraph (3);
by
(B) the amounts authorized to be appropriated for each
such program for such fiscal year; and
(5) distribute the obligation limitation for Federal-aid highways, less the aggregate amounts not distributed under paragraphs (1) and (2) and the amounts distributed under paragraph (4), for Federal-aid highway and highway safety construction programs that are apportioned by the Secretary under

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23 USC 104 note.

Determination.

PUBL260A

134 STAT. 1840

Effective date.

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Revision.

Priority.

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title 23, United States Code (other than the amounts apportioned for the National Highway Performance Program in section 119 of title 23, United States Code, that are exempt from
the limitation under subsection (b)(12) and the amounts apportioned under sections 202 and 204 of that title) in the proportion
that—
(A) amounts authorized to be appropriated for the programs that are apportioned under title 23, United States
Code, to each State for such fiscal year; bears to
(B) the total of the amounts authorized to be appropriated for the programs that are apportioned under title
23, United States Code, to all States for such fiscal year.
(b) EXCEPTIONS FROM OBLIGATION LIMITATION.—The obligation
limitation for Federal-aid highways shall not apply to obligations
under or for—
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation Assistance
Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of 1981 (95
Stat. 1701);
(4) subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982 (96 Stat. 2119);
(5) subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987
(101 Stat. 198);
(6) sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2027);
(7) section 157 of title 23, United States Code (as in effect
on June 8, 1998);
(8) section 105 of title 23, United States Code (as in effect
for fiscal years 1998 through 2004, but only in an amount
equal to $639,000,000 for each of those fiscal years);
(9) Federal-aid highway programs for which obligation
authority was made available under the Transportation Equity
Act for the 21st Century (112 Stat. 107) or subsequent Acts
for multiple years or to remain available until expended, but
only to the extent that the obligation authority has not lapsed
or been used;
(10) section 105 of title 23, United States Code (as in
effect for fiscal years 2005 through 2012, but only in an amount
equal to $639,000,000 for each of those fiscal years);
(11) section 1603 of SAFETEA–LU (23 U.S.C. 118 note;
119 Stat. 1248), to the extent that funds obligated in accordance
with that section were not subject to a limitation on obligations
at the time at which the funds were initially made available
for obligation; and
(12) section 119 of title 23, United States Code (but, for
each of fiscal years 2013 through 2021, only in an amount
equal to $639,000,000).
(c) REDISTRIBUTION OF UNUSED OBLIGATION AUTHORITY.—Notwithstanding subsection (a), the Secretary shall, after August 1
of such fiscal year—
(1) revise a distribution of the obligation limitation made
available under subsection (a) if an amount distributed cannot
be obligated during that fiscal year; and
(2) redistribute sufficient amounts to those States able
to obligate amounts in addition to those previously distributed

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1841

during that fiscal year, giving priority to those States having
large unobligated balances of funds apportioned under sections
144 (as in effect on the day before the date of enactment
of Public Law 112–141) and 104 of title 23, United States
Code.
(d) APPLICABILITY OF OBLIGATION LIMITATIONS TO TRANSPORTATION RESEARCH PROGRAMS.—
(1) IN GENERAL.—Except as provided in paragraph (2), the
obligation limitation for Federal-aid highways shall apply to
contract authority for transportation research programs carried
out under—
(A) chapter 5 of title 23, United States Code; and
(B) title VI of the Fixing America’s Surface Transportation Act.
(2) EXCEPTION.—Obligation authority made available under
paragraph (1) shall—
(A) remain available for a period of 4 fiscal years;
and
(B) be in addition to the amount of any limitation
imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years.
(e) REDISTRIBUTION OF CERTAIN AUTHORIZED FUNDS.—
(1) IN GENERAL.—Not later than 30 days after the date
of distribution of obligation limitation under subsection (a),
the Secretary shall distribute to the States any funds (excluding
funds authorized for the program under section 202 of title
23, United States Code) that—
(A) are authorized to be appropriated for such fiscal
year for Federal-aid highway programs; and
(B) the Secretary determines will not be allocated to
the States (or will not be apportioned to the States under
section 204 of title 23, United States Code), and will not
be available for obligation, for such fiscal year because
of the imposition of any obligation limitation for such fiscal
year.
(2) RATIO.—Funds shall be distributed under paragraph
(1) in the same proportion as the distribution of obligation
authority under subsection (a)(5).
(3) AVAILABILITY.—Funds distributed to each State under
paragraph (1) shall be available for any purpose described
in section 133(b) of title 23, United States Code.
SEC. 121. Notwithstanding 31 U.S.C. 3302, funds received by
the Bureau of Transportation Statistics from the sale of data products, for necessary expenses incurred pursuant to chapter 63 of
title 49, United States Code, may be credited to the Federal-aid
highways account for the purpose of reimbursing the Bureau for
such expenses: Provided, That such funds shall be subject to the
obligation limitation for Federal-aid highway and highway safety
construction programs.
SEC. 122. Not less than 15 days prior to waiving, under his
or her statutory authority, any Buy America requirement for Federal-aid highways projects, the Secretary of Transportation shall
make an informal public notice and comment opportunity on the
intent to issue such waiver and the reasons therefor: Provided,
That the Secretary shall provide an annual report to the House
and Senate Committees on Appropriations on any waivers granted
under the Buy America requirements.

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Time periods.

Deadline.

Determination.

Reimbursement.

Deadline.
Waiver authority.
Public
information.
Notice.
23 USC 313 note.
Reports.

PUBL260A

134 STAT. 1842
Deadlines.
Notification.
Evaluation.

Notification.
Reports.

Time period.

Definition.

Time period.
Applicability.
Certifications.

Reports.

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Adjudication.
Waivers.

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PUBLIC LAW 116–260—DEC. 27, 2020

SEC. 123. None of the funds made available in this Act may
be used to make a grant for a project under section 117 of title
23, United States Code, unless the Secretary, at least 60 days
before making a grant under that section, provides written notification to the House and Senate Committees on Appropriations of
the proposed grant, including an evaluation and justification for
the project and the amount of the proposed grant award: Provided,
That the written notification required in the preceding proviso
shall be made not later than 180 days after the date of enactment
of this Act.
SEC. 124. (a) A State or territory, as defined in section 165
of title 23, United States Code, may use for any project eligible
under section 133(b) of title 23 or section 165 of title 23 and
located within the boundary of the State or territory any earmarked
amount, and any associated obligation limitation: Provided, That
the Department of Transportation for the State or territory for
which the earmarked amount was originally designated or directed
notifies the Secretary of its intent to use its authority under this
section and submits an annual report to the Secretary identifying
the projects to which the funding would be applied. Notwithstanding
the original period of availability of funds to be obligated under
this section, such funds and associated obligation limitation shall
remain available for obligation for a period of 3 fiscal years after
the fiscal year in which the Secretary is notified. The Federal
share of the cost of a project carried out with funds made available
under this section shall be the same as associated with the earmark.
(b) In this section, the term ‘‘earmarked amount’’ means—
(1) congressionally directed spending, as defined in rule
XLIV of the Standing Rules of the Senate, identified in a
prior law, report, or joint explanatory statement, and administered by the Federal Highway Administration; or
(2) a congressional earmark, as defined in rule XXI of
the Rules of the House of Representatives, identified in a prior
law, report, or joint explanatory statement, and administered
by the Federal Highway Administration.
(c) The authority under subsection (a) may be exercised only
for those projects or activities that have obligated less than 10
percent of the amount made available for obligation as of October
1 of the current fiscal year, and shall be applied to projects within
the same general geographic area within 25 miles for which the
funding was designated, except that a State or territory may apply
such authority to unexpended balances of funds from projects or
activities the State or territory certifies have been closed and for
which payments have been made under a final voucher.
(d) The Secretary shall submit consolidated reports of the
information provided by the States and territories annually to the
House and Senate Committees on Appropriations.
SEC. 125. Until final guidance is published, the Administrator
of the Federal Highway Administration shall adjudicate requests
for Buy America waivers under the criteria that were in effect
prior to April 17, 2018.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1843

FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
(INCLUDING TRANSFERS OF FUNDS)

For payment of obligations incurred in the implementation,
execution and administration of motor carrier safety operations
and programs pursuant to section 31110 of title 49, United States
Code, as amended by the Fixing America’s Surface Transportation
Act (Public Law 114–94), $328,143,124, to be derived from the
Highway Trust Fund (other than the Mass Transit Account), of
which $9,896,127 is to be transferred and made available from
prior year unobligated contract authority provided for National
Motor Carrier Safety Program or Motor Carrier Safety in the
Transportation Equity Act for the 21st Century (Public Law 105–
178), SAFETEA–LU (Public Law 109–59), or other appropriations
or authorization Acts, together with advances and reimbursements
received by the Federal Motor Carrier Safety Administration, the
sum of which shall remain available until expended: Provided,
That funds available for implementation, execution, or administration of motor carrier safety operations and programs authorized
under title 49, United States Code, shall not exceed total obligations
of $328,143,124, for ‘‘Motor Carrier Safety Operations and Programs’’ for fiscal year 2021, of which $9,073,000, to remain available
for obligation until September 30, 2023, is for the research and
technology program, and of which not less than $75,447,124, to
remain available for obligation until September 30, 2023, is for
development, modernization, enhancement, continued operation,
and maintenance of information technology and information
management.
MOTOR CARRIER SAFETY GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)

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(INCLUDING TRANSFERS OF FUNDS)

For payment of obligations incurred in carrying out sections
31102, 31103, 31104, and 31313 of title 49, United States Code,
as amended by the Fixing America’s Surface Transportation Act
(Public Law 114–94), $389,800,000, to be derived from the Highway
Trust Fund (other than the Mass Transit Account) and to remain
available until expended: Provided, That funds available for the
implementation or execution of motor carrier safety programs shall
not exceed total obligations of $389,800,000 in fiscal year 2021
for ‘‘Motor Carrier Safety Grants’’: Provided further, That of the
sums appropriated under this heading:

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134 STAT. 1844

PUBLIC LAW 116–260—DEC. 27, 2020

(1) $308,700,000 shall be available for the motor carrier
safety assistance program;
(2) $33,200,000 shall be available for the commercial
driver’s license program implementation program;
(3) $45,900,000 shall be available for the high priority
activities program, of which $1,000,000 is to be made available
from prior year unobligated contract authority provided for
Motor Carrier Safety Grants in the Transportation Equity Act
for the 21st Century (Public Law 105–178), SAFETEA–LU
(Public Law 109–59), or other appropriations or authorization
Acts; and
(4) $2,000,000 shall be made available for commercial motor
vehicle operators grants, of which $1,000,000 is to be made
available from prior year unobligated contract authority provided for Motor Carrier Safety Grants in the Transportation
Equity Act for the 21st Century (Public Law 105–178),
SAFETEA–LU (Public Law 109–59), or other appropriations
or authorization Acts:
Provided further, That of the unobligated amounts provided for
Motor Carrier Safety Grants in the Transportation Equity Act for
the 21st Century (Public Law 105–178), SAFETEA–LU (Public Law
109–59), the FAST Act (Public Law 114–94) or other appropriation
or authorization acts prior to fiscal year 2021, $30,000,000 in additional obligation limitation, shall be transferred and made available
for a study of the cause of large truck crashes and shall remain
available until expended: Provided further, That the activities
funded by the previous proviso may be accomplished through direct
expenditure, direct research activities, grants, cooperative agreements, contracts, intra or interagency agreements, or other agreements with public organizations: Provided further, That such
amounts, payments, and obligation limitation as may be necessary
to carry out the study of the cause of large truck crashes may
be transferred and credited to appropriate accounts of other participating Federal agencies: Provided further, That $30,000,000 for
payment of obligations incurred in carrying out this section shall
be derived from the Highway Trust Fund (other than the Mass
Transit Account), to be available until expended.

Study.

ADMINISTRATIVE PROVISIONS—FEDERAL MOTOR CARRIER SAFETY
ADMINISTRATION

Notice.
Mail.

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Regulations.
49 USC 31142
note.

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SEC. 130. The Federal Motor Carrier Safety Administration
shall send notice of section 385.308 of title 49, Code of Federal
Regulations, violations by certified mail, registered mail, or another
manner of delivery, which records the receipt of the notice by
the persons responsible for the violations.
SEC. 131. The Federal Motor Carrier Safety Administration
shall update annual inspection regulations under Appendix G to
subchapter B of chapter III of title 49, Code of Federal Regulations,
as recommended by GAO–19–264.
SEC. 132. None of the funds appropriated or otherwise made
available to the Department of Transportation by this Act or any
other Act may be obligated or expended to implement, administer,
or enforce the requirements of section 31137 of title 49, United
States Code, or any regulation issued by the Secretary pursuant
to such section, with respect to the use of electronic logging devices
by operators of commercial motor vehicles, as defined in section

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1845

31132(1) of such title, transporting livestock as defined in section
602 of the Emergency Livestock Feed Assistance Act of 1988 (7
U.S.C. 1471) or insects.
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
OPERATIONS AND RESEARCH

For expenses necessary to discharge the functions of the Secretary, with respect to traffic and highway safety authorized under
chapter 301 and part C of subtitle VI of title 49, United States
Code, $194,167,000, of which $40,000,000 shall remain available
through September 30, 2022.
OPERATIONS AND RESEARCH
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)

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(HIGHWAY TRUST FUND)

For payment of obligations incurred in carrying out the provisions of 23 U.S.C. 403, including behavioral research on Automated
Driving Systems and Advanced Driver Assistance Systems and
improving consumer responses to safety recalls, section 4011 of
the Fixing America’s Surface Transportation Act (Public Law 114–
94), and chapter 303 of title 49, United States Code, $155,300,000,
to be derived from the Highway Trust Fund (other than the Mass
Transit Account) and to remain available until expended: Provided,
That none of the funds in this Act shall be available for the
planning or execution of programs the total obligations for which,
in fiscal year 2021, are in excess of $155,300,000: Provided further,
That of the sums appropriated under this heading—
(1) $149,800,000 shall be for programs authorized under
23 U.S.C. 403, including behavioral research on Automated
Driving Systems and Advanced Driver Assistance Systems and
improving consumer responses to safety recalls, and section
4011 of the Fixing America’s Surface Transportation Act (Public
Law 114–94); and
(2) $5,500,000 shall be for the National Driver Register
authorized under chapter 303 of title 49, United States Code:
Provided further, That within the $155,300,000 obligation limitation
for operations and research, $20,000,000 shall remain available
until September 30, 2022, and $3,000,000, for impaired driving
detection, shall remain available until expended, and shall be in
addition to the amount of any limitation imposed on obligations
for future years: Provided further, That amounts for behavioral
research on Automated Driving Systems and Advanced Driver
Assistance Systems and improving consumer responses to safety
recalls are in addition to any other funds provided for those purposes for fiscal year 2021 in this Act.

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134 STAT. 1846

PUBLIC LAW 116–260—DEC. 27, 2020
HIGHWAY TRAFFIC SAFETY GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)

Notification.
Deadline.

For payment of obligations incurred in carrying out provisions
of 23 U.S.C. 402, 404, and 405, and section 4001(a)(6) of the Fixing
America’s Surface Transportation Act (Public Law 114–94), to
remain available until expended, $623,017,000, to be derived from
the Highway Trust Fund (other than the Mass Transit Account):
Provided, That none of the funds in this Act shall be available
for the planning or execution of programs for which the total obligations in fiscal year 2021 are in excess of $623,017,000 for programs
authorized under 23 U.S.C. 402, 404, and 405, and section 4001(a)(6)
of the Fixing America’s Surface Transportation Act: Provided further, That of the sums appropriated under this heading—
(1) $279,800,000 shall be for ‘‘Highway Safety Programs’’
under 23 U.S.C. 402;
(2) $285,900,000 shall be for ‘‘National Priority Safety Programs’’ under 23 U.S.C. 405;
(3) $30,500,000 shall be for the ‘‘High Visibility Enforcement Program’’ under 23 U.S.C. 404; and
(4) $26,817,000 shall be for ‘‘Administrative Expenses’’
under section 4001(a)(6) of the Fixing America’s Surface
Transportation Act:
Provided further, That none of these funds shall be used for
construction, rehabilitation, or remodeling costs, or for office furnishings and fixtures for State, local or private buildings or structures: Provided further, That not to exceed $500,000 of the funds
made available for ‘‘National Priority Safety Programs’’ under 23
U.S.C. 405 for ‘‘Impaired Driving Countermeasures’’ (as described
in subsection (d) of that section) shall be available for technical
assistance to the States: Provided further, That with respect to
the ‘‘Transfers’’ provision under 23 U.S.C. 405(a)(8), any amounts
transferred to increase the amounts made available under section
402 shall include the obligation authority for such amounts: Provided further, That the Administrator shall notify the House and
Senate Committees on Appropriations of any exercise of the
authority granted under the previous proviso or under 23 U.S.C.
405(a)(8) within 5 days.

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ADMINISTRATIVE PROVISIONS—NATIONAL HIGHWAY TRAFFIC SAFETY
ADMINISTRATION

SEC. 140. An additional $130,000 shall be made available to
the National Highway Traffic Safety Administration, out of the
amount limited for section 402 of title 23, United States Code,
to pay for travel and related expenses for State management reviews
and to pay for core competency development training and related
expenses for highway safety staff.
SEC. 141. The limitations on obligations for the programs of
the National Highway Traffic Safety Administration set in this
Act shall not apply to obligations for which obligation authority
was made available in previous public laws but only to the extent
that the obligation authority has not lapsed or been used.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1847

SEC. 142. In addition to the amounts made available under
the heading, ‘‘Operations and Research (Liquidation of Contract
Authorization) (Limitation on Obligations) (Highway Trust Fund)’’
for carrying out the provisions of section 403 of title 23, United
States Code, $17,000,000, to remain available until September 30,
2022, shall be made available to the National Highway Traffic
Safety Administration from the general fund: Provided, That of
the sums provided under this provision—
(1) not to exceed $7,000,000 shall be available to provide
funding for grants, pilot program activities, and innovative
solutions to reduce impaired-driving fatalities in collaboration
with eligible entities under section 403 of title 23, United
States Code; and
(2) not to exceed $10,000,000 shall be available to continue
a high visibility enforcement paid-media campaign regarding
highway-rail grade crossing safety in collaboration with the
Federal Railroad Administration.
SEC. 143. None of the funds in this Act or any other Act
shall be used to enforce the requirements of section 405(a)(9) of
title 23, United States Code.
FEDERAL RAILROAD ADMINISTRATION
SAFETY AND OPERATIONS

For necessary expenses of the Federal Railroad Administration,
not otherwise provided for, $234,905,000, of which $25,000,000 shall
remain available until expended.
RAILROAD RESEARCH AND DEVELOPMENT

For necessary expenses for railroad research and development,
$41,000,000, to remain available until expended.
FEDERAL-STATE PARTNERSHIP FOR STATE OF GOOD REPAIR

For necessary expenses related to Federal-State Partnership
for State of Good Repair Grants as authorized by section 24911
of title 49, United States Code, $200,000,000, to remain available
until expended: Provided, That expenses incidental to the acquisition or construction (including designing, engineering, location surveying, mapping, environmental studies, and acquiring rights-ofway) of a capital project as defined under section 24911(a)(2) of
title 49, United States Code, are eligible for funding independently
or in conjunction with proposed funding for construction: Provided
further, That the Secretary may withhold up to 1 percent of the
amount provided under this heading for the costs of award and
project management oversight of grants carried out under section
24911 of title 49, United States Code.
CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENTS

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(INCLUDING TRANSFER OF FUNDS)

For necessary expenses related to Consolidated Rail Infrastructure and Safety Improvements Grants, as authorized by section
22907 of title 49, United States Code, $375,000,000, to remain

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134 STAT. 1848

Time period.

PUBLIC LAW 116–260—DEC. 27, 2020

available until expended: Provided, That of the amounts made
available under this heading—
(1) not less than $75,000,000 shall be for projects eligible
under section 22907(c)(2) of title 49, United States Code, that
support the development of new intercity passenger rail service
routes including alignments for existing routes: Provided, That
the Secretary shall give preference for pre-construction elements including preliminary engineering and final design of
such projects; and
(2) not less than $25,000,000 shall be for capital projects
and engineering solutions targeting trespassing: Provided, That
the Secretary shall give preference for such projects that are
located in counties with the most pedestrian trespasser casualties as identified in the Federal Railroad Administration’s
National Strategy to Prevent Trespassing on Railroad Property:
Provided further, That section 22905(f) of title 49, United States
Code, shall not apply to projects for the implementation of positive
train control systems otherwise eligible under section 22907(c)(1)
of title 49, United States Code: Provided further, That amounts
made available under this heading for projects selected for commuter rail passenger transportation may be transferred by the
Secretary, after selection, to the appropriate agencies to be administered in accordance with chapter 53 of title 49, United States
Code: Provided further, That the Secretary shall not limit eligible
projects from consideration for funding for planning, engineering,
environmental, construction, and design elements of the same
project in the same application: Provided further, That for amounts
available under this heading eligible recipients under section
22907(b) of title 49, United States Code, shall include any holding
company of a Class II railroad or Class III railroad (as those
terms are defined in section 20102 of title 49, United States Code):
Provided further, That unobligated balances remaining after 6 years
from the date of enactment of this Act may be used for any eligible
project under section 22907(c) of title 49, United States Code: Provided further, That the Secretary may withhold up to 1 percent
of the amount provided under this heading for the costs of award
and project management oversight of grants carried out under
section 22907 of title 49, United States Code.
MAGNETIC LEVITATION TECHNOLOGY DEPLOYMENT PROGRAM

For necessary expenses related to the deployment of magnetic
levitation transportation projects, consistent with language in subsections (a) through (c) of section 1307 of SAFETEA–LU (Public
Law 109–59), as amended by section 102 of the SAFETEA–LU
Technical Corrections Act of 2008 (Public Law 110–244) (23 U.S.C.
322 note), $2,000,000, to remain available until expended.

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RESTORATION AND ENHANCEMENT

For necessary expenses related to Restoration and Enhancement Grants, as authorized by section 24408 of title 49, United
States Code, $4,720,000, to remain available until expended: Provided, That the Secretary may withhold up to 1 percent of the
funds provided under this heading to fund the costs of award
and project management and oversight.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1849

NORTHEAST CORRIDOR GRANTS TO THE NATIONAL RAILROAD
PASSENGER CORPORATION

To enable the Secretary of Transportation to make grants to
the National Railroad Passenger Corporation for activities associated with the Northeast Corridor as authorized by section 11101(a)
of the Fixing America’s Surface Transportation Act (division A
of Public Law 114–94), $700,000,000, to remain available until
expended: Provided, That the Secretary may retain up to onehalf of 1 percent of the funds provided under both this heading
and the ‘‘National Network Grants to the National Railroad Passenger Corporation’’ heading to fund the costs of project management and oversight of activities authorized by section 11101(c)
of division A of Public Law 114–94: Provided further, That in
addition to the project management oversight funds authorized
under section 11101(c) of division A of Public Law 114–94, the
Secretary may retain up to an additional $5,000,000 of the funds
provided under this heading to fund expenses associated with the
Northeast Corridor Commission established under section 24905
of title 49, United States Code: Provided further, That of the
amounts made available under this heading and the ‘‘National
Network Grants to the National Railroad Passenger Corporation’’
heading, not less than $75,000,000 shall be made available to
bring Amtrak-served facilities and stations into compliance with
the Americans with Disabilities Act: Provided further, That of the
amounts made available under this heading and the ‘‘National
Network Grants to the National Railroad Passenger Corporation’’
heading, $100,000,000 shall be made available to fund the replacement of the single-level passenger cars used on the Northeast
Corridor, State-supported routes, and long-distance routes, as such
terms are defined in section 24102 of title 49, United States Code.

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NATIONAL NETWORK GRANTS TO THE NATIONAL RAILROAD PASSENGER
CORPORATION

To enable the Secretary of Transportation to make grants to
the National Railroad Passenger Corporation for activities associated with the National Network as authorized by section 11101(b)
of the Fixing America’s Surface Transportation Act (division A
of Public Law 114–94), $1,300,000,000, to remain available until
expended: Provided, That the Secretary may retain up to an additional $2,000,000 of the funds provided under this heading to fund
expenses associated with the State-Supported Route Committee
established under section 24712 of title 49, United States Code:
Provided further, That at least $50,000,000 of the amount provided
under this heading shall be available for the development, installation and operation of railroad safety technology, including the
implementation of a positive train control system, on State-supported routes as defined under section 24102(13) of title 49, United
States Code, on which positive train control systems are not
required by law or regulation: Provided further, That none of the
funds provided under this heading shall be used by Amtrak to
give notice under subsection (a) or (b) of section 24706 of title
49, United States Code, with respect to long-distance routes (as
defined in section 24102 of title 49, United States Code) on which
Amtrak is the sole operator on a host railroad’s line and a positive
train control system is not required by law or regulation, or, except
in an emergency or during maintenance or construction outages

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PUBLIC LAW 116–260—DEC. 27, 2020

impacting such routes, to otherwise discontinue, reduce the frequency of, suspend, or substantially alter the route of rail service
on any portion of such route operated in fiscal year 2018, including
implementation of service permitted by section 24305(a)(3)(A) of
title 49, United States Code, in lieu of rail service.
ADMINISTRATIVE PROVISIONS—FEDERAL RAILROAD ADMINISTRATION
(INCLUDING RESCISSIONS)

Waiver authority.
Determination.
Reports.
Summary.
Time period.

133 Stat. 418.

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133 Stat. 2958.

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SEC. 150. None of the funds made available to the National
Railroad Passenger Corporation may be used to fund any overtime
costs in excess of $35,000 for any individual employee: Provided,
That the President of Amtrak may waive the cap set in the preceding proviso for specific employees when the President of Amtrak
determines such a cap poses a risk to the safety and operational
efficiency of the system: Provided further, That the President of
Amtrak shall report to the House and Senate Committees on Appropriations no later than 60 days after the date of enactment of
this Act, a summary of all overtime payments incurred by Amtrak
for 2020 and the 3 prior calendar years: Provided further, That
such summary shall include the total number of employees that
received waivers and the total overtime payments Amtrak paid
to employees receiving waivers for each month for 2020 and for
the 3 prior calendar years.
SEC. 151. None of the funds made available to the National
Railroad Passenger Corporation under the headings ‘‘Northeast Corridor Grants to the National Railroad Passenger Corporation’’ and
‘‘National Network Grants to the National Railroad Passenger Corporation’’ may be used to reduce the total number of Amtrak Police
Department uniformed officers patrolling on board passenger trains
or at stations, facilities or rights-of-way below the staffing level
on May 1, 2019.
SEC. 152. None of the funds made available by this Act may
be used by the National Railroad Passenger Corporation in contravention of the Worker Adjustment and Retraining Notification
Act (29 U.S.C. 2101 et seq.).
SEC. 153. The matter under the heading ‘‘Department of
Transportation—Federal Railroad Administration—Consolidated
Rail Infrastructure and Safety Improvements’’—
(1) in division G of the Consolidated Appropriations Act,
2019 (Public Law 116–6) is amended by striking ‘‘4 years’’
and inserting ‘‘6 years’’ in the fourth proviso; and
(2) in division H of the Further Consolidated Appropriations
Act, 2020 (Public Law 116–94) is amended by striking ‘‘4 years’’
and inserting ‘‘6 years’’ in the fourth proviso.
SEC. 154. Of the unobligated balances of funds remaining
from—
(1) ‘‘Capital and Debt Service Grants to the National Railroad Passenger Corporation’’ accounts totaling $10,458,135.54
appropriated by the following public laws are hereby permanently rescinded:
(A) Public Law 112–10 a total of $289,234.48;
(B) Public Law 112–55 a total of $4,760,000.00;
(C) Public Law 113–76 a total of $792,502.52;
(D) Public Law 113–235 a total of $1,698,806.61; and
(E) Public Law 114–113 a total of $2,917,591.93;

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1851

(2) ‘‘Railroad Safety Technology Program’’ account totaling
$613,252.29 appropriated by Public Law 111–117 is hereby
permanently rescinded;
(3) ‘‘Capital Assistance to States—Intercity Passenger Rail
Service’’ account totaling $10,164,885.13 appropriated by Public
Law 111–8 is hereby permanently rescinded;
(4) ‘‘Rail Line Relocation and Improvement Program’’
accounts totaling $12,650,365.14 appropriated by the following
public laws are hereby permanently rescinded:
(A) Public Law 110–161 a total of $923,214.63;
(B) Public Law 111–8 a total of $5,558,233.95;
(C) Public Law 111–117 a total of $3,763,767.95; and
(D) Public Law 112–10 a total of $2,405,148.61; and
(5) ‘‘Next Generation High-Speed Rail’’ accounts totaling
$3,034,848.52 appropriated by the following public laws are
hereby permanently rescinded:
(A) Public Law 104–50 a total of $610,807.00;
(B) Public Law 104–205 a total of $5,963.71;
(C) Public Law 105–66 a total of $1,218,742.47;
(D) Public Law 105–277 a total of $17,097.00;
(E) Public Law 106–69 a total of $1,005,969.00;
(F) Public Law 108–7 a total of $43,951.57;
(G) Public Law 108–199 a total of $24,263.48; and
(H) Public Law 108–447 a total of $108,054.29.
SEC. 155. It is the sense of Congress that—
(1) long-distance passenger rail routes provide much-needed
transportation access for 4,700,000 riders in 325 communities
in 40 States and are particularly important in rural areas;
and
(2) long-distance passenger rail routes and services should
be sustained to ensure connectivity throughout the National
Network (as defined in section 24102 of title 49, United States
Code).
FEDERAL TRANSIT ADMINISTRATION
ADMINISTRATIVE EXPENSES

For necessary administrative expenses of the Federal Transit
Administration’s programs authorized by chapter 53 of title 49,
United States Code, $121,052,000 which shall remain available
until September 30, 2022, and up to $1,000,000 shall be available
to carry out the provisions of section 5326 of such title: Provided,
That upon submission to the Congress of the fiscal year 2022
President’s budget, the Secretary of Transportation shall transmit
to Congress the annual report on Capital Investment Grants,
including proposed allocations for fiscal year 2022.

Reports.

TRANSIT FORMULA GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)

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(HIGHWAY TRUST FUND)

For payment of obligations incurred in the Federal Public
Transportation Assistance Program in this account, and for payment

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134 STAT. 1852

PUBLIC LAW 116–260—DEC. 27, 2020

of obligations incurred in carrying out the provisions of 49 U.S.C.
5305, 5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5335, 5337,
5339, and 5340, as amended by the Fixing America’s Surface
Transportation Act, section 20005(b) of Public Law 112–141, and
section 3006(b) of the Fixing America’s Surface Transportation Act,
$10,800,000,000, to be derived from the Mass Transit Account of
the Highway Trust Fund and to remain available until expended:
Provided, That funds available for the implementation or execution
of programs authorized under 49 U.S.C. 5305, 5307, 5310, 5311,
5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339, and 5340, as
amended by the Fixing America’s Surface Transportation Act, section 20005(b) of Public Law 112–141, and section 3006(b) of the
Fixing America’s Surface Transportation Act, shall not exceed total
obligations of $10,150,348,462 in fiscal year 2021: Provided further,
That the Federal share of the cost of activities carried out under
49 U.S.C. section 5312 shall not exceed 80 percent, except that
if there is substantial public interest or benefit, the Secretary
may approve a greater Federal share.

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TRANSIT INFRASTRUCTURE GRANTS

For an additional amount for buses and bus facilities grants
under section 5339 of title 49, United States Code, low or no
emission grants under section 5339(c) of such title, formula grants
to rural areas under section 5311 of such title, high density state
apportionments under section 5340(d) of such title, state of good
repair grants under section 5337 of such title, ferry boats grants
under section 5307(h) of such title, bus testing facilities under
section 5318 of such title, grants to areas of persistent poverty,
innovative mobility solutions grants under section 5312 of such
title, and accelerating innovative mobility initiative grants under
section 5312 such title, $516,220,000, to remain available until
expended: Provided, That of the sums provided under this heading—
(1) $243,000,000 shall be available for the buses and bus
facilities grants as authorized under section 5339 of such title,
of which $118,000,000 shall be available for the buses and
bus facilities formula grants as authorized under section
5339(a) of such title, and $125,000,000 shall be available for
buses and bus facilities competitive grants as authorized under
section 5339(b) of such title;
(2) $125,000,000 shall be available for the low or no emission grants as authorized under section 5339(c) of such title:
Provided, That the minimum grant award shall be not less
than $750,000;
(3) $40,000,000 shall be available for formula grants for
rural areas as authorized under section 5311 of such title;
(4) $40,000,000 shall be available for the high density
state apportionments as authorized under section 5340(d) of
such title;
(5) $40,000,000 shall be available for state of good repair
grants as authorized under section 5337 of such title;
(6) $8,000,000 shall be available for ferry boat grants as
authorized under section 5307(h) of such title: Provided, That
of the amounts provided under this subparagraph, $4,000,000
shall only be available for low or zero-emission ferries or ferries
using electric battery or fuel cell components and the infrastructure to support such ferries;

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1853

(7) $2,000,000 shall be available for the operation and
maintenance of the bus testing facilities selected under section
5318 of such title;
(8) $16,220,000 shall be available for competitive grants
to eligible entities to assist areas of persistent poverty: Provided, That the term ‘‘areas of persistent poverty’’ means any
county that has consistently had greater than or equal to 20
percent of the population living in poverty during the 30 year
period preceding the date of enactment of this Act, as measured
by the 1990 and 2000 decennial census and the most recent
Small Area Income and Poverty Estimates as estimated by
the Bureau of the Census; any census tract with a poverty
rate of at least 20 percent as measured by the 2014–2018
5-year data series available from the American Community
Survey of the Bureau of the Census; or any territory or possession of the United States: Provided further, That grants shall
be for planning, engineering, or development of technical or
financing plans for projects eligible under chapter 53 of title
49, United States Code: Provided further, That eligible entities
are those defined as eligible recipients or subrecipients under
sections 5307, 5310 or 5311 of title 49, United States Code,
and are in areas of persistent poverty: Provided further, That
the Federal Transit Administration should complete outreach
to such counties and the departments of transportation within
applicable States via personal contact, webinars, web materials
and other appropriate methods determined by the Administrator of the Federal Transit Administration: Provided further,
That State departments of transportation may apply on behalf
of eligible entities within their States: Provided further, That
the Federal Transit Administration should encourage grantees
to work with non-profits or other entities of their choosing
in order to develop planning, technical, engineering, or
financing plans: Provided further, That the Federal Transit
Administration shall encourage grantees to partner with nonprofits that can assist with making projects low or no emissions;
(9) $1,000,000 shall be available for the demonstration
and deployment of innovative mobility solutions as authorized
under section 5312 of title 49, United States Code: Provided,
That such amounts shall be available for competitive grants
or cooperative agreements for the development of software to
facilitate the provision of demand-response public transportation service that dispatches public transportation fleet
vehicles through riders mobile devices or other advanced means:
Provided further, That the Secretary shall evaluate the potential for software developed with grants or cooperative agreements to be shared for use by public transportation agencies;
and
(10) $1,000,000 shall be for the accelerating innovative
mobility initiative as authorized under section 5312 of title
49, United States Code: Provided, That such amounts shall
be available for competitive grants to improve mobility and
enhance the rider experience with a focus on innovative service
delivery models, creative financing, novel partnerships, and
integrated payment solutions in order to help disseminate
proven innovation mobility practices throughout the public
transportation industry:

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Definition.

Plans.

Evaluation.

PUBL260A

134 STAT. 1854

PUBLIC LAW 116–260—DEC. 27, 2020

Provided further, That projects funded under paragraph (8) of this
heading shall be for not less than 90 percent of the net total
project cost: Provided further, That amounts made available by
this heading shall be derived from the general fund: Provided
further, That the amounts made available under this heading shall
not be subject to any limitation on obligations for transit programs
set forth in any Act.
TECHNICAL ASSISTANCE AND TRAINING

For necessary expenses to carry out section 5314 of title 49,
United States Code, $7,500,000, to remain available until September 30, 2022: Provided, That the assistance provided under
this heading does not duplicate the activities of section 5311(b)
or section 5312 of title 49, United States Code.
CAPITAL INVESTMENT GRANTS

Continuation.

For necessary expenses to carry out fixed guideway capital
investment grants under section 5309 of title 49, United States
Code, and section 3005(b) of the Fixing America’s Surface Transportation Act (Public Law 114–94), $2,014,000,000, to remain available
until September 30, 2024: Provided, That of the amounts made
available under this heading, $1,169,000,000 shall be available for
projects authorized under section 5309(d) of title 49, United States
Code, $525,000,000 shall be available for projects authorized under
section 5309(e) of title 49, United States Code, $200,000,000 shall
be available for projects authorized under section 5309(h) of title
49, United States Code, and $100,000,000 shall be available for
projects authorized under section 3005(b) of the Fixing America’s
Surface Transportation Act: Provided further, That the Secretary
shall continue to administer the capital investment grants program
in accordance with the procedural and substantive requirements
of section 5309 of title 49, United States Code, and of section
3005(b) of the Fixing America’s Surface Transportation Act: Provided further, That projects that receive a grant agreement under
the Expedited Project Delivery for Capital Investment Grants Pilot
Program under section 3005(b) of the Fixing America’s Surface
Transportation Act shall be deemed eligible for funding provided
for projects under section 5309 of title 49, United States Code,
without further evaluation or rating under such section: Provided
further, That such funding shall not exceed the Federal share
under section 3005(b): Provided Further, That funds allocated
pursuant to 49 U.S.C. 5309 to any project during fiscal years
2015 or 2017 shall remain allocated to that project until December
31, 2021.

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GRANTS TO THE WASHINGTON METROPOLITAN AREA TRANSIT
AUTHORITY

For grants to the Washington Metropolitan Area Transit
Authority as authorized under section 601 of division B of the
Passenger Rail Investment and Improvement Act of 2008 (Public
Law 110–432), $150,000,000, to remain available until expended:
Provided, That the Secretary of Transportation shall approve grants
for capital and preventive maintenance expenditures for the Washington Metropolitan Area Transit Authority only after receiving
and reviewing a request for each specific project: Provided further,

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134 STAT. 1855

That the Secretary shall determine that the Washington Metropolitan Area Transit Authority has placed the highest priority on
those investments that will improve the safety of the system before
approving such grants: Provided further, That the Secretary, in
order to ensure safety throughout the rail system, may waive the
requirements of section 601(e)(1) of division B of the Passenger
Rail Investment and Improvement Act of 2008 (Public Law 110–
432).

Determination.

Waiver authority.

ADMINISTRATIVE PROVISIONS—FEDERAL TRANSIT ADMINISTRATION

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(INCLUDING RESCISSIONS)

SEC. 160. The limitations on obligations for the programs of
the Federal Transit Administration shall not apply to any authority
under 49 U.S.C. 5338, previously made available for obligation,
or to any other authority previously made available for obligation.
SEC. 161. Notwithstanding any other provision of law, funds
appropriated or limited by this Act under the heading ‘‘Capital
Investment Grants’’ of the Federal Transit Administration for
projects specified in this Act or identified in the explanatory statement described in section 4 (in the matter preceding division A
of this consolidated Act) not obligated by September 30, 2024,
and other recoveries, shall be directed to projects eligible to use
the funds for the purposes for which they were originally provided.
SEC. 162. Notwithstanding any other provision of law, any
funds appropriated before October 1, 2020, under any section of
chapter 53 of title 49, United States Code, that remain available
for expenditure, may be transferred to and administered under
the most recent appropriation heading for any such section.
SEC. 163. None of the funds made available by this Act or
any other Act shall be used to adjust apportionments or withhold
funds from apportionments pursuant to section 9503(e)(4) of the
Internal Revenue Code of 1986 (26 U.S.C. 9503(e)(4)).
SEC. 164. An eligible recipient of a grant under section 5339(c)
may submit an application in partnership with other entities,
including a transit vehicle manufacturer, that intend to participate
in the implementation of a project under section 5339(c) of title
49, United States Code, and a project awarded with such partnership shall be treated as satisfying the requirement for a competitive
procurement under section 5325(a) of title 49, United States Code,
for the named entity.
SEC. 165. None of the funds made available by this Act or
any other Act shall be used to impede or hinder project advancement
or approval for any project seeking a Federal contribution from
the capital investment grant program of greater than 40 percent
of project costs as authorized under section 5309 of title 49, United
States Code.
SEC. 166. None of the funds made available in this Act may
be used by the Department of Transportation to implement any
policy that requires a capital investment grant project to receive
a medium or higher project rating before taking actions to finalize
an environmental impact statement.
SEC. 167. Of the unobligated amounts made available for prior
fiscal years to Formula Grants in Treasury Account 69–X–1129,
a total of $1,606,849 are hereby permanently rescinded: Provided,

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Transfer
authority.

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134 STAT. 1856

PUBLIC LAW 116–260—DEC. 27, 2020

That no amounts may be rescinded from amounts that were designated by the Congress as an emergency or disaster relief requirement pursuant to a concurrent resolution on the budget or the
Balanced Budget and Emergency Deficit Control Act of 1985.
SEC. 168. Of the unobligated amounts made available for the
Job Access and Reverse Commute program, as authorized by Public
Law 105–178, as amended, a total of $320,230 are hereby permanently rescinded.
SEC. 169. Of the unobligated amounts made available for
Research, Training, and Human Resources, as authorized by Public
Law 95–599, as amended, a total of $31,634 are hereby permanently
rescinded.
SEC. 169A. Any unexpended balances from amounts previously
appropriated for low or no emission vehicle component assessment
under 49 U.S.C. 5312(h) under the headings ‘‘Transit Formula
Grants’’ and ‘‘Transit Infrastructure Grants’’ in fiscal years 2016
through 2020 may be used by the facilities selected for such vehicle
component assessment for capital projects in order to build new
infrastructure and enhance existing facilities in order to expand
bus and component testing capability, in accordance with the
industry stakeholder testing objectives and capabilities as outlined
through the work of the Federal Transit Administration Transit
Vehicle Innovation and Deployment Centers program and included
in the Center for Transportation and the Environment report submitted to the Federal Transit Administration for review.
SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION
Contracts.

The Saint Lawrence Seaway Development Corporation is
hereby authorized to make such expenditures, within the limits
of funds and borrowing authority available to the Corporation,
and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations, as provided by
section 9104 of title 31, United States Code, as may be necessary
in carrying out the programs set forth in the Corporation’s budget
for the current fiscal year.
OPERATIONS AND MAINTENANCE
(HARBOR MAINTENANCE TRUST FUND)

For necessary expenses to conduct the operations, maintenance,
and capital infrastructure activities on portions of the Saint Lawrence Seaway owned, operated, and maintained by the Saint Lawrence Seaway Development Corporation, $38,000,000, to be derived
from the Harbor Maintenance Trust Fund, pursuant to section
210 of the Water Resources Development Act of 1986 (33 U.S.C.
2238): Provided, That of the amounts made available under this
heading, not less than $14,500,000 shall be for the seaway infrastructure program.
MARITIME ADMINISTRATION

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MARITIME SECURITY PROGRAM

For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the United
States, $314,007,780, to remain available until expended, of which

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1857

$7,780 shall be derived from unobligated balances from prior year
appropriations available under this heading.
CABLE SECURITY FLEET

For the Cable Security Fleet program, as authorized by chapter
532 of title 46, United States Code, $10,000,000, to remain available
until expended.
OPERATIONS AND TRAINING
(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of operations and training activities
authorized by law, $155,616,000: Provided, That of the amounts
made available under this heading—
(1) $80,000,000, to remain available until September 30,
2022, shall be for the operations of the United States Merchant
Marine Academy;
(2) $5,944,000, to remain available until expended, shall
be for facilities maintenance and repair, and equipment, at
the United States Merchant Marine Academy;
(3) $3,000,000, to remain available until September 30,
2022, shall be for the Maritime Environmental and Technical
Assistance program authorized under section 50307 of title
46, United States Code; and
(4) $10,819,000, to remain available until expended, shall
be for the Short Sea Transportation Program (America’s Marine
Highways) to make grants for the purposes authorized under
paragraphs (1) and (3) of section 55601(b) of title 46, United
States Code:
Provided further, That the Administrator of the Maritime Administration shall transmit to the House and Senate Committees on
Appropriations the annual report on sexual assault and sexual
harassment at the United States Merchant Marine Academy as
required pursuant to section 3510 of the National Defense
Authorization Act for Fiscal Year 2017 (46 U.S.C. 51318): Provided
further, That available balances under this heading for the Short
Sea Transportation Program (America’s Marine Highways) from
prior year recoveries shall be available to carry out activities authorized under paragraphs (1) and (3) of section 55601(b) of title 46,
United States Code: Provided further, That any unobligated balances and obligated balances not yet expended from previous appropriations under this heading for programs and activities supporting
State Maritime Academies shall be transferred to and merged with
the appropriations for ‘‘Maritime Administration—State Maritime
Academy Operations’’ and shall be made available for the same
purposes as the appropriations for ‘‘Maritime Administration—State
Maritime Academy Operations’’.

Reports.
Sexual assault.

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STATE MARITIME ACADEMY OPERATIONS

For necessary expenses of operations, support, and training
activities for State Maritime Academies, $432,700,000: Provided,
That of the sums appropriated under this heading—
(1) $30,500,000, to remain available until expended, shall
be for maintenance, repair, life extension, insurance, and
capacity improvement of National Defense Reserve Fleet

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134 STAT. 1858

PUBLIC LAW 116–260—DEC. 27, 2020
training ships, and for support of training ship operations at
the State Maritime Academies, of which $8,500,000, to remain
available until expended, shall be for expenses related to
training mariners; and for costs associated with training vessel
sharing pursuant to 46 U.S.C. 51504(g)(3) for costs associated
with mobilizing, operating and demobilizing the vessel,
including travel costs for students, faculty and crew, the costs
of the general agent, crew costs, fuel, insurance, operational
fees, and vessel hire costs, as determined by the Secretary;
(2) $390,000,000, to remain available until expended, shall
be for the National Security Multi-Mission Vessel Program,
including funds for construction, planning, administration, and
design of school ships;
(3) $2,400,000 to remain available through September 30,
2022, shall be for the Student Incentive Program;
(4) $3,800,000 shall remain available until expended, shall
be for training ship fuel assistance; and
(5) $6,000,000, to remain available until September 30,
2022, shall be for direct payments for State Maritime Academies.
ASSISTANCE TO SMALL SHIPYARDS

To make grants to qualified shipyards as authorized under
section 54101 of title 46, United States Code, $20,000,000, to remain
available until expended.
SHIP DISPOSAL

For necessary expenses related to the disposal of obsolete vessels in the National Defense Reserve Fleet of the Maritime Administration, $4,200,000, to remain available until expended.
MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)

For administrative expenses to carry out the guaranteed loan
program, $3,000,000, which shall be transferred to and merged
with the appropriations for ‘‘Maritime Administration—Operations
and Training’’.
PORT INFRASTRUCTURE DEVELOPMENT PROGRAM

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Distribution.
Grants.

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To make grants to improve port facilities as authorized under
section 50302(c) of title 46, United States Code, $230,000,000, to
remain available until expended: Provided, That projects eligible
for amounts made available under this heading shall be projects
for coastal seaports, inland river ports, or Great Lakes ports: Provided further, That of the amounts made available under this
heading, not less than $205,000,000 shall be for coastal seaports
or Great Lakes ports: Provided further, That the Maritime Administration shall distribute amounts made available under this heading
as discretionary grants to port authorities or commissions or their
subdivisions and agents under existing authority, as well as to
a State or political subdivision of a State or local government,
a Tribal Government, a public agency or publicly chartered
authority established by one or more States, a special purpose

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134 STAT. 1859

district with a transportation function, a multistate or multijurisdictional group of entities, or a lead entity described above jointly
with a private entity or group of private entities: Provided further,
That projects eligible for amounts made available under this
heading shall be designed to improve the safety, efficiency, or reliability of the movement of goods into, out of, around, or within
a port and located—
(1) within the boundary of a port; or
(2) outside the boundary of a port, and directly related
to port operations, or to an intermodal connection to a port:
Provided further, That project awards eligible under this heading
shall be only for—
(1) port gate improvements;
(2) road improvements both within and connecting to the
port;
(3) rail improvements both within and connecting to the
port;
(4) berth improvements (including docks, wharves, piers
and dredging incidental to the improvement project);
(5) fixed landside improvements in support of cargo operations (such as silos, elevators, conveyors, container terminals,
Ro/Ro structures including parking garages necessary for intermodal freight transfer, warehouses including refrigerated facilities, lay-down areas, transit sheds, and other such facilities);
(6) utilities necessary for safe operations (including
lighting, stormwater, and other such improvements that are
incidental to a larger infrastructure project); or
(7) a combination of activities described above:
Provided further, That the Federal share of the costs for which
an amount is provided under this heading shall be up to 80 percent:
Provided further, That for grants awarded under this heading,
the minimum grant size shall be $1,000,000: Provided further,
That for grant awards less than $10,000,000, the Secretary shall
prioritize ports that handled less than 10,000,000 short tons in
2017, as identified by the Corps of Engineers: Provided further,
That for grant awards less than $10,000,000, the Secretary may
increase the Federal share of costs above 80 percent: Provided
further, That not to exceed 2 percent of the amounts made available
under this heading shall be available for necessary costs of grant
administration.

Priority.

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ADMINISTRATIVE PROVISIONS—MARITIME ADMINISTRATION

SEC. 170. Notwithstanding any other provision of this Act,
in addition to any existing authority, the Maritime Administration
is authorized to furnish utilities and services and make necessary
repairs in connection with any lease, contract, or occupancy
involving Government property under control of the Maritime
Administration: Provided, That payments received therefor shall
be credited to the appropriation charged with the cost thereof
and shall remain available until expended: Provided further, That
rental payments under any such lease, contract, or occupancy for
items other than such utilities, services, or repairs shall be deposited into the Treasury as miscellaneous receipts.

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PUBLIC LAW 116–260—DEC. 27, 2020
PIPELINE

AND

HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OPERATIONAL EXPENSES

For necessary operational expenses of the Pipeline and Hazardous Materials Safety Administration, $28,715,000, of which
$4,500,000 shall remain available until September 30, 2023.
HAZARDOUS MATERIALS SAFETY

For expenses necessary to discharge the hazardous materials
safety functions of the Pipeline and Hazardous Materials Safety
Administration, $62,000,000, of which $14,000,000 shall remain
available until September 30, 2023: Provided, That up to $800,000
in fees collected under 49 U.S.C. 5108(g) shall be deposited in
the general fund of the Treasury as offsetting receipts: Provided
further, That there may be credited to this appropriation, to be
available until expended, funds received from States, counties,
municipalities, other public authorities, and private sources for
expenses incurred for training, for reports publication and dissemination, and for travel expenses incurred in performance of hazardous materials exemptions and approvals functions.
PIPELINE SAFETY
(PIPELINE SAFETY FUND)
(OIL SPILL LIABILITY TRUST FUND)

Notification.
Deadline.

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Research plan.
Approval.

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For expenses necessary to carry out a pipeline safety program,
as authorized by 49 U.S.C. 60107, and to discharge the pipeline
program responsibilities of the Oil Pollution Act of 1990,
$168,000,000, to remain available until September 30, 2023, of
which $23,000,000 shall be derived from the Oil Spill Liability
Trust Fund; of which $137,000,000 shall be derived from the Pipeline Safety Fund; and of which $8,000,000 shall be derived from
fees collected under 49 U.S.C. 60302 and deposited in the Underground Natural Gas Storage Facility Safety Account for the purpose
of carrying out 49 U.S.C. 60141: Provided, That not less than
$1,058,000 of the funds provided under this heading shall be for
the One-Call State grant program: Provided further, That any
amounts provided under this heading in this Act or in prior Acts
for research contracts, grants, cooperative agreements or research
other transactions agreements (‘‘OTAs’’) shall require written
notification to the House and Senate Committees on Appropriations
not less than 3 full business days before such research contracts,
grants, cooperative agreements, or research OTAs are announced
by the Department of Transportation: Provided further, That the
Administrator may obligate amounts made available under this
heading to engineer, erect, alter, and repair buildings or make
any other public improvements for research facilities at the
Transportation Technology Center after the Administrator submits
an updated research plan to the House and Senate Committees
on Appropriations and after such plan is approved by the House
and Senate Committees on Appropriations.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1861

EMERGENCY PREPAREDNESS GRANTS
(LIMITATION ON OBLIGATIONS)
(EMERGENCY PREPAREDNESS FUND)

For expenses necessary to carry out the Emergency Preparedness Grants program, not more than $28,318,000 shall remain
available until September 30, 2023, from amounts made available
by section 5116(h) and subsections (b) and (c) of section 5128
of title 49, United States Code: Provided, That notwithstanding
section 5116(h)(4) of title 49, United States Code, not more than
4 percent of the amounts made available from this account shall
be available to pay administrative costs: Provided further, That
notwithstanding subsections (b) and (c) of section 5128 of title
49, United States Code, and the limitation on obligations provided
under this heading, prior year recoveries recognized in the current
year shall be available to develop and deliver hazardous materials
emergency response training for emergency responders, including
response activities for the transportation of crude oil, ethanol, flammable liquids, and other hazardous commodities by rail, consistent
with National Fire Protection Association standards, and to make
such training available through an electronic format: Provided further, That the prior year recoveries made available under this
heading shall also be available to carry out sections 5116(a)(1)(C),
5116(h), 5116(i), and 5107(e) of title 49, United States Code.
ADMINISTRATIVE PROVISIONS—PIPELINE AND HAZARDOUS MATERIALS
SAFETY ADMINISTRATION

SEC. 180. In addition to the amounts made available under
the heading, ‘‘Emergency Preparedness Grants’’, $1,000,000, to
remain available until September 30, 2023, shall be made available
to the Pipeline and Hazardous Materials Safety Administration
from the general fund of the Treasury, in addition to amounts
otherwise available for such purposes, to develop and deliver hazardous materials emergency response training for emergency
responders, including response activities for the transportation of
crude oil, ethanol, flammable liquids, and other hazardous commodities by rail, consistent with National Fire Protection Association
standards, and to make such training available through an electronic format.
OFFICE

OF INSPECTOR

GENERAL

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SALARIES AND EXPENSES

For necessary expenses of the Office of Inspector General to
carry out the provisions of the Inspector General Act of 1978,
as amended, $98,150,000: Provided, That the Inspector General
shall have all necessary authority, in carrying out the duties specified in the Inspector General Act, as amended (5 U.S.C. App.
3), to investigate allegations of fraud, including false statements
to the government (18 U.S.C. 1001), by any person or entity that
is subject to regulation by the Department of Transportation.

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134 STAT. 1862

PUBLIC LAW 116–260—DEC. 27, 2020
GENERAL PROVISIONS—DEPARTMENT

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Loans.
Contracts.
Grants.
Notification.
Deadline.

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OF

TRANSPORTATION

SEC. 190. (a) During the current fiscal year, applicable appropriations to the Department of Transportation shall be available
for maintenance and operation of aircraft; hire of passenger motor
vehicles and aircraft; purchase of liability insurance for motor
vehicles operating in foreign countries on official department business; and uniforms or allowances therefor, as authorized by sections
5901 and 5902 of title 5, United States Code.
(b) During the current fiscal year, applicable appropriations
to the Department and its operating administrations shall be available for the purchase, maintenance, operation, and deployment
of unmanned aircraft systems that advance the missions of the
Department of Transportation or an operating administration of
the Department of Transportation.
(c) Any unmanned aircraft system purchased, procured, or contracted for by the Department prior to the date of enactment of
this Act shall be deemed authorized by Congress as if this provision
was in effect when the system was purchased, procured, or contracted for.
SEC. 191. Appropriations contained in this Act for the Department of Transportation shall be available for services as authorized
by section 3109 of title 5, United States Code, but at rates for
individuals not to exceed the per diem rate equivalent to the rate
for an Executive Level IV.
SEC. 192. (a) No recipient of amounts made available by this
Act shall disseminate personal information (as defined in section
2725(3) of title 18, United States Code) obtained by a State department of motor vehicles in connection with a motor vehicle record
as defined in section 2725(1) of title 18, United States Code, except
as provided in section 2721 of title 18, United States Code, for
a use permitted under section 2721 of title 18, United States Code.
(b) Notwithstanding subsection (a), the Secretary shall not withhold amounts made available by this Act for any grantee if a
State is in noncompliance with this provision.
SEC. 193. None of the funds made available by this Act shall
be available for salaries and expenses of more than 125 political
and Presidential appointees in the Department of Transportation:
Provided, That none of the personnel covered by this provision
may be assigned on temporary detail outside the Department of
Transportation.
SEC. 194. Funds received by the Federal Highway Administration and Federal Railroad Administration from States, counties,
municipalities, other public authorities, and private sources for
expenses incurred for training may be credited respectively to the
Federal Highway Administration’s ‘‘Federal-Aid Highways’’ account
and to the Federal Railroad Administration’s ‘‘Safety and Operations’’ account, except for State rail safety inspectors participating
in training pursuant to section 20105 of title 49, United States
Code.
SEC. 195. None of the funds made available by this Act to
the Department of Transportation may be used to make a loan,
loan guarantee, line of credit, letter of intent, federally funded
cooperative agreement, full funding grant agreement, or discretionary grant unless the Secretary of Transportation notifies the
House and Senate Committees on Appropriations not less than
3 full business days before any project competitively selected to

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1863

receive any discretionary grant award, letter of intent, loan commitment, loan guarantee commitment, line of credit commitment, federally funded cooperative agreement, or full funding grant agreement
is announced by the Department or its operating administrations:
Provided, That the Secretary of Transportation shall provide the
House and Senate Committees on Appropriations with a comprehensive list of all such loans, loan guarantees, lines of credit, letters
of intent, federally funded cooperative agreements, full funding
grant agreements, and discretionary grants prior to the notification
required under the previous proviso: Provided further, That the
Secretary gives concurrent notification to the House and Senate
Committees on Appropriations for any ‘‘quick release’’ of funds
from the emergency relief program: Provided further, That no
notification shall involve funds that are not available for obligation.
SEC. 196. Rebates, refunds, incentive payments, minor fees,
and other funds received by the Department of Transportation
from travel management centers, charge card programs, the subleasing of building space, and miscellaneous sources are to be
credited to appropriations of the Department of Transportation
and allocated to elements of the Department of Transportation
using fair and equitable criteria and such funds shall be available
until expended.
SEC. 197. Amounts made available by this Act or any prior
Act that the Secretary determines represent improper payments
by the Department of Transportation to a third-party contractor
under a financial assistance award, which are recovered pursuant
to law, shall be available—
(1) to reimburse the actual expenses incurred by the
Department of Transportation in recovering improper payments: Provided, That amounts made available by this Act
shall be available until expended; and
(2) to pay contractors for services provided in recovering
improper payments or contractor support in the implementation
of the Improper Payments Information Act of 2002 (Public
Law 107–300), as amended by the Improper Payments Elimination and Recovery Act of 2010 (Public Law 111–204) and
Improper Payments Elimination and Recovery Improvement
Act of 2012 (Public Law 112–248), and Fraud Reduction and
Data Analytics Act of 2015 (Public Law 114–186): Provided,
That amounts in excess of that required for paragraphs (1)
and (2)—
(A) shall be credited to and merged with the appropriation from which the improper payments were made, and
shall be available for the purposes and period for which
such appropriations are available: Provided further, That
where specific project or accounting information associated
with the improper payment or payments is not readily
available, the Secretary may credit an appropriate account,
which shall be available for the purposes and period associated with the account so credited; or
(B) if no such appropriation remains available, shall
be deposited in the Treasury as miscellaneous receipts:
Provided further, That prior to depositing such recovery
in the Treasury, the Secretary shall notify the House and
Senate Committees on Appropriations of the amount and
reasons for such transfer: Provided further, That for purposes of this section, the term ‘‘improper payments’’ has

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List.

Notification.

Determination.

Reimbursement.

Payments.

Notification.

Definition.

PUBL260A

134 STAT. 1864

Notice.

Notice.
Deadline.

Certification.

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Coordination.

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PUBLIC LAW 116–260—DEC. 27, 2020

the same meaning as that provided in section 2(e)(2) of
the Improper Payments Elimination and Recovery Act of
2010 (Public Law 111–204).
SEC. 198. Notwithstanding any other provision of law, if any
funds provided by or limited by this Act are subject to a reprogramming action that requires notice to be provided to the House and
Senate Committees on Appropriations, transmission of such reprogramming notice shall be provided solely to the House and
Senate Committees on Appropriations, and such reprogramming
action shall be approved or denied solely by the House and Senate
Committees on Appropriations: Provided, That the Secretary of
Transportation may provide notice to other congressional committees of the action of the House and Senate Committees on Appropriations on such reprogramming but not sooner than 30 days
after the date on which the reprogramming action has been
approved or denied by the House and Senate Committees on Appropriations.
SEC. 199. Funds appropriated by this Act to the operating
administrations may be obligated for the Office of the Secretary
for the costs related to assessments or reimbursable agreements
only when such amounts are for the costs of goods and services
that are purchased to provide a direct benefit to the applicable
operating administration or administrations.
SEC. 199A. The Secretary of Transportation is authorized to
carry out a program that establishes uniform standards for developing and supporting agency transit pass and transit benefits
authorized under section 7905 of title 5, United States Code,
including distribution of transit benefits by various paper and electronic media.
SEC. 199B. The Department of Transportation may use funds
provided by this Act, or any other Act, to assist a contract under
title 49 U.S.C. or title 23 U.S.C. utilizing geographic, economic,
or any other hiring preference not otherwise authorized by law,
or to amend a rule, regulation, policy or other measure that forbids
a recipient of a Federal Highway Administration or Federal Transit
Administration grant from imposing such hiring preference on a
contract or construction project with which the Department of
Transportation is assisting, only if the grant recipient certifies
the following:
(1) that except with respect to apprentices or trainees,
a pool of readily available but unemployed individuals possessing the knowledge, skill, and ability to perform the work
that the contract requires resides in the jurisdiction;
(2) that the grant recipient will include appropriate provisions in its bid document ensuring that the contractor does
not displace any of its existing employees in order to satisfy
such hiring preference; and
(3) that any increase in the cost of labor, training, or
delays resulting from the use of such hiring preference does
not delay or displace any transportation project in the
applicable Statewide Transportation Improvement Program or
Transportation Improvement Program.
SEC. 199C. The Secretary of Transportation shall coordinate
with the Secretary of Homeland Security to ensure that best practices for Industrial Control Systems Procurement are up-to-date
and shall ensure that systems procured with funds provided under
this title were procured using such practices.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1865

SEC. 199D. None of the funds made available by this Act
to the Department of Transportation may be used in contravention
of section 306108 of title 54, United States Code.
This title may be cited as the ‘‘Department of Transportation
Appropriations Act, 2021’’.
TITLE II
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
MANAGEMENT

AND

ADMINISTRATION

Department of
Housing and
Urban
Development
Appropriations
Act, 2021.

EXECUTIVE OFFICES

For necessary salaries and expenses for Executive Offices,
which shall be comprised of the offices of the Secretary, Deputy
Secretary, Adjudicatory Services, Congressional and Intergovernmental Relations, Public Affairs, Small and Disadvantaged Business
Utilization, and the Center for Faith-Based and Neighborhood Partnerships, $17,292,000, to remain available until September 30,
2022: Provided, That not to exceed $25,000 of the amount made
available under this heading shall be available to the Secretary
of Housing and Urban Development (referred to in this title as
‘‘the Secretary’’) for official reception and representation expenses
as the Secretary may determine.

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ADMINISTRATIVE SUPPORT OFFICES

For necessary salaries and expenses for Administrative Support
Offices, $576,689,000, to remain available until September 30, 2022:
Provided, That of the sums appropriated under this heading—
(1) $74,462,000 shall be available for the Office of the
Chief Financial Officer;
(2) $107,254,000 shall be available for the Office of the
General Counsel, of which not less than $20,050,000 shall
be for the Departmental Enforcement Center;
(3) $207,693,000 shall be available for the Office of
Administration, of which not more than $10,000,000 may be
for modernizing the Weaver Building and space consolidation;
(4) $38,933,000 shall be available for the Office of the
Chief Human Capital Officer;
(5) $59,652,000 shall be available for the Office of Field
Policy and Management;
(6) $21,013,000 shall be available for the Office of the
Chief Procurement Officer;
(7) $4,239,000 shall be available for the Office of Departmental Equal Employment Opportunity; and
(8) $63,443,000 shall be available for the Office of the
Chief Information Officer:
Provided further, That funds made available under this heading
may be used for necessary administrative and non-administrative
expenses of the Department, not otherwise provided for, including
purchase of uniforms, or allowances therefor, as authorized by
sections 5901 and 5902 of title 5, United States Code; hire of
passenger motor vehicles; and services as authorized by section
3109 of title 5, United States Code: Provided further, That notwithstanding any other provision of law, funds appropriated under
this heading may be used for advertising and promotional activities

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134 STAT. 1866

PUBLIC LAW 116–260—DEC. 27, 2020

that directly support program activities funded in this title: Provided further, That the Secretary shall provide the House and
Senate Committees on Appropriations quarterly written notification
regarding the status of pending congressional reports: Provided
further, That the Secretary shall provide in electronic form all
signed reports required by Congress: Provided further, That not
more than 10 percent of the funds made available under this
heading for the Office of the Chief Financial Officer for the financial
transformation initiative may be obligated until the Secretary submits to the House and Senate Committees on Appropriations, for
approval, a plan for expenditure that includes the financial and
internal control capabilities to be delivered and the mission benefits
to be realized, key milestones to be met, and the relationship
between the proposed use of funds made available under this
heading and the projected total cost and scope of the initiative.

Time period.
Notifications.
Reports.
Approval.
Expenditure
plan.

PROGRAM OFFICES

For necessary salaries and expenses for Program Offices,
$904,673,000, to remain available until September 30, 2022: Provided, That of the sums appropriated under this heading—
(1) $243,056,000 shall be available for the Office of Public
and Indian Housing;
(2) $131,107,000 shall be available for the Office of Community Planning and Development;
(3) $404,194,000 shall be available for the Office of Housing,
of which not less than $13,200,000 shall be for the Office
of Recapitalization;
(4) $36,250,000 shall be available for the Office of Policy
Development and Research;
(5) $79,763,000 shall be available for the Office of Fair
Housing and Equal Opportunity; and
(6) $10,303,000 shall be available for the Office of Lead
Hazard Control and Healthy Homes.
WORKING CAPITAL FUND
(INCLUDING TRANSFER OF FUNDS)

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Determination.

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For the working capital fund for the Department of Housing
and Urban Development (referred to in this paragraph as the
‘‘Fund’’), pursuant, in part, to section 7(f) of the Department of
Housing and Urban Development Act (42 U.S.C. 3535(f)), amounts
transferred, including reimbursements pursuant to section 7(f), to
the Fund under this heading shall be available only for Federal
shared services used by offices and agencies of the Department,
and for any such portion of any office or agency’s printing, records
management, space renovation, furniture, or supply services the
Secretary has determined shall be provided through the Fund,
and the operational expenses of the Fund: Provided, That amounts
within the Fund shall not be available to provide services not
specifically authorized under this heading: Provided further, That
upon a determination by the Secretary that any other service (or
portion thereof) authorized under this heading shall be provided
through the Fund, amounts made available in this title for salaries
and expenses under the headings ‘‘Executive Offices’’, ‘‘Administrative Support Offices’’, ‘‘Program Offices’’, and ‘‘Government National
Mortgage Association’’, for such services shall be transferred to

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1867

the Fund, to remain available until expended: Provided further,
That the Secretary shall notify the House and Senate Committees
on Appropriations of its plans for executing such transfers at least
15 days in advance of such transfers.
PUBLIC

AND INDIAN

HOUSING

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TENANT-BASED RENTAL ASSISTANCE

For activities and assistance for the provision of tenant-based
rental assistance authorized under the United States Housing Act
of 1937, as amended (42 U.S.C. 1437 et seq.) (in this title ‘‘the
Act’’), not otherwise provided for, $21,777,439,000, to remain available until expended, which shall be available on October 1, 2020
(in addition to the $4,000,000,000 previously appropriated under
this heading that shall be available on October 1, 2020), and
$4,000,000,000, to remain available until expended, which shall
be available on October 1, 2021: Provided, That the amounts made
available under this heading are provided as follows:
(1) $23,080,000,000 shall be available for renewals of
expiring section 8 tenant-based annual contributions contracts
(including renewals of enhanced vouchers under any provision
of law authorizing such assistance under section 8(t) of the
Act) and including renewal of other special purpose incremental
vouchers: Provided, That notwithstanding any other provision
of law, from amounts provided under this paragraph and any
carryover, the Secretary for the calendar year 2021 funding
cycle shall provide renewal funding for each public housing
agency based on validated voucher management system (VMS)
leasing and cost data for the prior calendar year and by
applying an inflation factor as established by the Secretary,
by notice published in the Federal Register, and by making
any necessary adjustments for the costs associated with the
first-time renewal of vouchers under this paragraph including
tenant protection and Choice Neighborhoods vouchers: Provided
further, That none of the funds provided under this paragraph
may be used to fund a total number of unit months under
lease which exceeds a public housing agency’s authorized level
of units under contract, except for public housing agencies
participating in the Moving to Work (MTW) demonstration,
which are instead governed in accordance with the requirements of the MTW demonstration program or their MTW agreements, if any: Provided further, That the Secretary shall, to
the extent necessary to stay within the amount specified under
this paragraph (except as otherwise modified under this paragraph), prorate each public housing agency’s allocation otherwise established pursuant to this paragraph: Provided further,
That except as provided in the following provisos, the entire
amount specified under this paragraph (except as otherwise
modified under this paragraph) shall be obligated to the public
housing agencies based on the allocation and pro rata method
described above, and the Secretary shall notify public housing
agencies of their annual budget by the latter of 60 days after
enactment of this Act or March 1, 2021: Provided further,
That the Secretary may extend the notification period with
the prior written approval of the House and Senate Committees

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Deadline.

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Vouchers.

Determinations.

Notice.
Federal Register,
publication.

Notification.
Deadline.

Extension.
Advance
approval.

PUBL260A

134 STAT. 1868

on Appropriations: Provided further, That public housing agencies participating in the MTW demonstration shall be funded
in accordance with the requirements of the MTW demonstration
program or their MTW agreements, if any, and shall be subject
to the same pro rata adjustments under the previous provisos:
Provided further, That the Secretary may offset public housing
agencies’ calendar year 2021 allocations based on the excess
amounts of public housing agencies’ net restricted assets
accounts, including HUD-held programmatic reserves (in
accordance with VMS data in calendar year 2020 that is
verifiable and complete), as determined by the Secretary: Provided further, That public housing agencies participating in
the MTW demonstration shall also be subject to the offset,
as determined by the Secretary, excluding amounts subject
to the single fund budget authority provisions of their MTW
agreements, from the agencies’ calendar year 2021 MTW
funding allocation: Provided further, That the Secretary shall
use any offset referred to in the previous two provisos throughout the calendar year to prevent the termination of rental
assistance for families as the result of insufficient funding,
as determined by the Secretary, and to avoid or reduce the
proration of renewal funding allocations: Provided further, That
up to $110,000,000 shall be available only: (1) for adjustments
in the allocations for public housing agencies, after application
for an adjustment by a public housing agency that experienced
a significant increase, as determined by the Secretary, in
renewal costs of vouchers (including Mainstream vouchers)
resulting from unforeseen circumstances or from portability
under section 8(r) of the Act; (2) for vouchers that were not
in use during the previous 12-month period in order to be
available to meet a commitment pursuant to section 8(o)(13)
of the Act, or an adjustment for a funding obligation not yet
expended in the previous calendar year for a MTW-eligible
activity to develop affordable housing for an agency added
to the MTW demonstration under the expansion authority provided in section 239 of the Transportation, Housing and Urban
Development, and Related Agencies Appropriations Act, 2016
(division L of Public Law 114–113); (3) for adjustments for
costs associated with HUD–Veterans Affairs Supportive
Housing (HUD–VASH) vouchers; (4) for public housing agencies
that despite taking reasonable cost savings measures, as determined by the Secretary, would otherwise be required to terminate rental assistance for families, including Mainstream families, as a result of insufficient funding; (5) for adjustments
in the allocations for public housing agencies that (i) are leasing
a lower-than-average percentage of their authorized vouchers,
(ii) have low amounts of budget authority in their net restricted
assets accounts and HUD-held programmatic reserves, relative
to other agencies, and (iii) are not participating in the Moving
to Work demonstration, to enable such agencies to lease more
vouchers; and (6) for public housing agencies that have experienced increased costs or loss of units in an area for which
the President declared a disaster under title IV of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170 et seq.): Provided further, That the Secretary shall
allocate amounts under the previous proviso based on need,
as determined by the Secretary;

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Time period.

Allocation.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1869

(2) $116,000,000 shall be for section 8 rental assistance
for relocation and replacement of housing units that are demolished or disposed of pursuant to section 18 of the Act, conversion
of section 23 projects to assistance under section 8, the family
unification program under section 8(x) of the Act, relocation
of witnesses (including victims of violent crimes) in connection
with efforts to combat crime in public and assisted housing
pursuant to a request from a law enforcement or prosecution
agency, enhanced vouchers under any provision of law authorizing such assistance under section 8(t) of the Act, Choice
Neighborhood vouchers, mandatory and voluntary conversions,
and tenant protection assistance including replacement and
relocation assistance or for project-based assistance to prevent
the displacement of unassisted elderly tenants currently
residing in section 202 properties financed between 1959 and
1974 that are refinanced pursuant to Public Law 106–569,
as amended, or under the authority as provided under this
Act: Provided, That when a public housing development is
submitted for demolition or disposition under section 18 of
the Act, the Secretary may provide section 8 rental assistance
when the units pose an imminent health and safety risk to
residents: Provided further, That the Secretary may provide
section 8 rental assistance from amounts made available under
this paragraph for units assisted under a project-based subsidy
contract funded under the ‘‘Project-Based Rental Assistance’’
heading under this title where the owner has received a Notice
of Default and the units pose an imminent health and safety
risk to residents: Provided further, That to the extent that
the Secretary determines that such units are not feasible for
continued rental assistance payments or transfer of the subsidy
contract associated with such units to another project or
projects and owner or owners, any remaining amounts associated with such units under such contract shall be recaptured
and used to reimburse amounts used under this paragraph
for rental assistance under the previous proviso: Provided further, That of the amounts made available under this paragraph,
at least $5,000,000 may be available to provide tenant protection assistance, not otherwise provided under this paragraph,
to residents residing in low vacancy areas and who may have
to pay rents greater than 30 percent of household income,
as the result of: (A) the maturity of a HUD-insured, HUDheld or section 202 loan that requires the permission of the
Secretary prior to loan prepayment; (B) the expiration of a
rental assistance contract for which the tenants are not eligible
for enhanced voucher or tenant protection assistance under
existing law; or (C) the expiration of affordability restrictions
accompanying a mortgage or preservation program administered by the Secretary: Provided further, That such tenant
protection assistance made available under the previous proviso
may be provided under the authority of section 8(t) or section
8(o)(13) of the United States Housing Act of 1937 (42 U.S.C.
1437f(t)): Provided further, That the Secretary shall issue guidance to implement the previous provisos, including, but not
limited to, requirements for defining eligible at-risk households
within 60 days of the enactment of this Act: Provided further,
That any tenant protection voucher made available from
amounts under this paragraph shall not be reissued by any

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Determination.
Reimbursement.

Guidance.
Requirements.
Deadline.
Notice.

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134 STAT. 1870

public housing agency, except the replacement vouchers as
defined by the Secretary by notice, when the initial family
that received any such voucher no longer receives such voucher,
and the authority for any public housing agency to issue any
such voucher shall cease to exist: Provided further, That the
Secretary may only provide replacement vouchers for units
that were occupied within the previous 24 months that cease
to be available as assisted housing, subject only to the availability of funds;
(3) $2,159,000,000 shall be for administrative and other
expenses of public housing agencies in administering the section
8 tenant-based rental assistance program, of which up to
$30,000,000 shall be available to the Secretary to allocate to
public housing agencies that need additional funds to administer their section 8 programs, including fees associated with
section 8 tenant protection rental assistance, the administration
of disaster related vouchers, HUD–VASH vouchers, and other
special purpose incremental vouchers: Provided, That no less
than $2,129,000,000 of the amount provided in this paragraph
shall be allocated to public housing agencies for the calendar
year 2021 funding cycle based on section 8(q) of the Act (and
related Appropriation Act provisions) as in effect immediately
before the enactment of the Quality Housing and Work Responsibility Act of 1998 (Public Law 105–276): Provided further,
That if the amounts made available under this paragraph are
insufficient to pay the amounts determined under the previous
proviso, the Secretary may decrease the amounts allocated
to agencies by a uniform percentage applicable to all agencies
receiving funding under this paragraph or may, to the extent
necessary to provide full payment of amounts determined under
the previous proviso, utilize unobligated balances, including
recaptures and carryover, remaining from funds appropriated
to the Department of Housing and Urban Development under
this heading from prior fiscal years, excluding special purpose
vouchers, notwithstanding the purposes for which such amounts
were appropriated: Provided further, That all public housing
agencies participating in the MTW demonstration shall be
funded in accordance with the requirements of the MTW demonstration program or their MTW agreements, if any, and
shall be subject to the same uniform percentage decrease as
under the previous proviso: Provided further, That amounts
provided under this paragraph shall be only for activities
related to the provision of tenant-based rental assistance
authorized under section 8, including related development
activities;
(4) $314,000,000 for the renewal of tenant-based assistance
contracts under section 811 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013), including necessary
administrative expenses: Provided, That administrative and
other expenses of public housing agencies in administering
the special purpose vouchers in this paragraph shall be funded
under the same terms and be subject to the same pro rata
reduction as the percent decrease for administrative and other
expenses to public housing agencies under paragraph (3) of
this heading: Provided further, That upon turnover, section
811 special purpose vouchers funded under this heading in

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1871

this or prior Acts, or under any other heading in prior Acts,
shall be provided to non-elderly persons with disabilities;
(5) Of the amounts provided under paragraph (1) up to
$5,000,000 shall be for rental assistance and associated
administrative fees for Tribal HUD–VASH to serve Native
American veterans that are homeless or at-risk of homelessness
living on or near a reservation or other Indian areas: Provided,
That such amount shall be made available for renewal grants
to recipients that received assistance under prior Acts under
the Tribal HUD–VASH program: Provided further, That the
Secretary shall be authorized to specify criteria for renewal
grants, including data on the utilization of assistance reported
by grant recipients: Provided further, That such assistance
shall be administered in accordance with program requirements
under the Native American Housing Assistance and Self-Determination Act of 1996 and modeled after the HUD–VASH program: Provided further, That the Secretary shall be authorized
to waive, or specify alternative requirements for any provision
of any statute or regulation that the Secretary administers
in connection with the use of funds made available under
this paragraph (except for requirements related to fair housing,
nondiscrimination, labor standards, and the environment), upon
a finding by the Secretary that any such waivers or alternative
requirements are necessary for the effective delivery and
administration of such assistance: Provided further, That grant
recipients shall report to the Secretary on utilization of such
rental assistance and other program data, as prescribed by
the Secretary: Provided further, That the Secretary may reallocate, as determined by the Secretary, amounts returned or
recaptured from awards under the Tribal HUD–VASH program
under prior Acts to existing recipients under the Tribal HUD–
VASH program;
(6) $40,000,000 for incremental rental voucher assistance
for use through a supported housing program administered
in conjunction with the Department of Veterans Affairs as
authorized under section 8(o)(19) of the United States Housing
Act of 1937: Provided, That the Secretary of Housing and
Urban Development shall make such funding available, notwithstanding section 203 (competition provision) of this title,
to public housing agencies that partner with eligible VA Medical
Centers or other entities as designated by the Secretary of
the Department of Veterans Affairs, based on geographical
need for such assistance as identified by the Secretary of the
Department of Veterans Affairs, public housing agency administrative performance, and other factors as specified by the Secretary of Housing and Urban Development in consultation with
the Secretary of the Department of Veterans Affairs: Provided
further, That the Secretary of Housing and Urban Development
may waive, or specify alternative requirements for (in consultation with the Secretary of the Department of Veterans Affairs),
any provision of any statute or regulation that the Secretary
of Housing and Urban Development administers in connection
with the use of funds made available under this paragraph
(except for requirements related to fair housing, nondiscrimination, labor standards, and the environment), upon a finding

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Grants.
Criteria.
Data.

Waiver authority.
Requirements.

Reports.
Data.

Consultation.

Waiver authority.
Requirements.
Consultation.

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134 STAT. 1872

Continuation.
Veterans.
Continuation.
Children, youth,
and families.

Review.
Determination.

Determination.
Notification.

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Continuation.
Children, youth,
and families.

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by the Secretary that any such waivers or alternative requirements are necessary for the effective delivery and administration of such voucher assistance: Provided further, That assistance made available under this paragraph shall continue to
remain available for homeless veterans upon turn-over;
(7) $25,000,000 shall be made available for the family
unification program as authorized under section 8(x) of the
Act: Provided, That the amounts made available under this
paragraph are provided as follows:
(A) $5,000,000 shall be for new incremental voucher
assistance: Provided, That the assistance made available
under this subparagraph shall continue to remain available
for family unification upon turnover; and
(B) $20,000,000 shall be for new incremental voucher
assistance to assist eligible youth as defined by such section
8(x)(2)(B): Provided, That assistance made available under
this subparagraph shall continue to remain available for
such eligible youth upon turnover: Provided further, That
of the total amount made available under this subparagraph, up to $10,000,000 shall be available on a noncompetitive basis to public housing agencies that partner
with public child welfare agencies to identify such eligible
youth, that request such assistance to timely assist such
eligible youth, and that meet any other criteria as specified
by the Secretary: Provided further, That the Secretary shall
review utilization of the assistance made available under
the previous proviso, at an interval to be determined by
the Secretary, and unutilized voucher assistance that is
no longer needed shall be recaptured by the Secretary
and reallocated pursuant to the previous proviso:
Provided further, That for any public housing agency administering voucher assistance appropriated in a prior Act under
the family unification program, or made available and competitively selected under this paragraph, that determines that it
no longer has an identified need for such assistance upon
turnover, such agency shall notify the Secretary, and the Secretary shall recapture such assistance from the agency and
reallocate it to any other public housing agency or agencies
based on need for voucher assistance in connection with such
specified program or eligible youth, as applicable;
(8) $43,439,000 shall be for incremental rental voucher
assistance under section 8(o) of the United States Housing
Act of 1937 for use by individuals and families who are homeless, as defined in section 103(a) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302(a)), at risk of homelessness, as defined in section 401(1) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360(1)), fleeing, or attempting
to flee, domestic violence, dating violence, sexual assault, or
stalking, or veterans and families that include a veteran family
member that meet one of the preceding criteria: Provided,
That assistance made available under this paragraph shall
continue to remain available for such eligible individuals and
families upon turnover: Provided further, That the Secretary
shall make such funding available, notwithstanding section
203 of this title (competition provision) to public housing agencies that partner with eligible continuums of care or other
entities as designated by the Secretary, based on geographical

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1873

need of such assistance, public housing agency administrative
performance, and other factors as specified by the Secretary:
Provided further, That the Secretary shall review utilization
of the assistance made available under the preceding proviso,
at an interval to be determined by the Secretary, and unutilized
voucher assistance that is no longer needed shall be recaptured
by the Secretary and reallocated pursuant to the preceding
proviso: Provided further, That, the Secretary shall give preference to applicants that demonstrate a strategy to coordinate
assistance with services available in the community: Provided
further, That none of the funds provided in this paragraph
may be used to require people experiencing homelessness to
receive treatment or perform any other prerequisite activities
as a condition for receiving shelter, housing or other services:
Provided further, That the Secretary shall issue guidance to
implement the preceding proviso; and
(9) the Secretary shall separately track all special purpose
vouchers funded under this heading.

Review.
Determination.

Guidance.

HOUSING CERTIFICATE FUND
(INCLUDING RESCISSIONS)

Unobligated balances, including recaptures and carryover,
remaining from funds appropriated to the Department of Housing
and Urban Development under this heading, the heading ‘‘Annual
Contributions for Assisted Housing’’ and the heading ‘‘Project-Based
Rental Assistance’’, for fiscal year 2021 and prior years may be
used for renewal of or amendments to section 8 project-based contracts and for performance-based contract administrators, notwithstanding the purposes for which such funds were appropriated:
Provided, That any obligated balances of contract authority from
fiscal year 1974 and prior fiscal years that have been terminated
shall be rescinded: Provided further, That amounts heretofore recaptured, or recaptured during the current fiscal year, from section
8 project-based contracts from source years fiscal year 1975 through
fiscal year 1987 are hereby rescinded, and an amount of additional
new budget authority, equivalent to the amount rescinded is hereby
appropriated, to remain available until expended, for the purposes
set forth under this heading, in addition to amounts otherwise
available.

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PUBLIC HOUSING FUND

For the operation and management of public housing, as authorized by section 9(e) of the United States Housing Act of 1937
(42 U.S.C. 1437g(e)) (the‘‘Act’’), and to carry out capital and management activities for public housing agencies, as authorized under
section 9(d) of the Act (42 U.S.C. 1437g(d)), $7,806,000,000, to
remain available until September 30, 2024: Provided, That the
amounts made available under this heading are provided as follows:
(1) $4,839,000,000 shall be available to the Secretary to
allocate pursuant to the Operating Fund formula at part 990
of title 24, Code of Federal Regulations, for 2021 payments;
(2) $25,000,000 shall be available to the Secretary to allocate pursuant to a need-based application process notwithstanding section 203 of this title and not subject to such Operating Fund formula to public housing agencies that experience,

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Determination.

PUBL260A

134 STAT. 1874
Distribution.

Waiver authority.

Notification.
Deadline.
Bonus awards.

Notification.
Deadline.

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Allocation.
Deadline.

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or are at risk of, financial shortfalls, as determined by the
Secretary: Provided, That after all such shortfall needs are
met, the Secretary may distribute any remaining funds to all
public housing agencies on a pro-rata basis pursuant to such
Operating Fund formula;
(3) $2,765,000,000 shall be available to the Secretary to
allocate pursuant to the Capital Fund formula at section
905.400 of title 24, Code of Federal Regulations: Provided,
That for funds provided under this paragraph, the limitation
in section 9(g)(1) of the Act shall be 25 percent: Provided
further, That the Secretary may waive the limitation in the
previous proviso to allow public housing agencies to fund activities authorized under section 9(e)(1)(C) of the Act: Provided
further, That the Secretary shall notify public housing agencies
requesting waivers under the previous proviso if the request
is approved or denied within 14 days of submitting the request:
Provided further, That from the funds made available under
this paragraph, the Secretary shall provide bonus awards in
fiscal year 2021 to public housing agencies that are designated
high performers: Provided further, That the Department shall
notify public housing agencies of their formula allocation within
60 days of enactment of this Act;
(4) $75,000,000 shall be available for the Secretary to make
grants, notwithstanding section 203 of this title, to public
housing agencies for emergency capital needs, including safety
and security measures necessary to address crime and drugrelated activity, as well as needs resulting from unforeseen
or unpreventable emergencies and natural disasters excluding
Presidentially declared emergencies and natural disasters
under the Robert T. Stafford Disaster Relief and Emergency
Act (42 U.S.C. 5121 et seq.) occurring in fiscal year 2021,
of which $45,000,000 shall be available for public housing agencies under administrative and judicial receiverships or under
the control of a Federal monitor: Provided, That of the amount
made available under this paragraph, not less than $10,000,000
shall be for safety and security measures: Provided further,
That in addition to the amount in the previous proviso for
such safety and security measures, any amounts that remain
available, after all applications received on or before September
30, 2022, for emergency capital needs have been processed,
shall be allocated to public housing agencies for such safety
and security measures;
(5) $25,000,000 shall be for competitive grants to public
housing agencies to evaluate and reduce lead-based paint hazards in public housing by carrying out the activities of risk
assessments, abatement, and interim controls (as those terms
are defined in section 1004 of the Residential Lead-Based Paint
Hazard Reduction Act of 1992 (42 U.S.C. 4851b)): Provided,
That for purposes of environmental review, a grant under this
paragraph shall be considered funds for projects or activities
under title I of the United States Housing Act of 1937 (42
U.S.C. 1437 et seq.) for purposes of section 26 of such Act
(42 U.S.C. 1437x) and shall be subject to the regulations implementing such section;
(6) $35,000,000 shall be for competitive grants to public
housing agencies for activities authorized under the Healthy
Homes Initiative, pursuant to sections 501 and 502 of the

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1875

Housing and Urban Development Act of 1970, which shall
include research, studies, testing, and demonstration efforts,
including education and outreach concerning mold, radon,
carbon monoxide poisoning, and other housing-related diseases
and hazards;
(7) $15,000,000 shall be to support the costs of administrative and judicial receiverships and for competitive grants to
PHAs in receivership, designated troubled or substandard, or
otherwise at risk, as determined by the Secretary, for costs
associated with public housing asset improvement, in addition
to other amounts for that purpose provided under any heading
under this title;
(8) $23,000,000 shall be to support ongoing public housing
financial and physical assessment activities; and
(9) $4,000,000 shall be for a radon testing and mitigation
resident safety demonstration program (the radon demonstration) in public housing: Provided, That the testing method,
mitigation method, or action level used under the radon demonstration shall be as specified by applicable State or local
law, if such law is more protective of human health or the
environment than the method or level specified by the Secretary:
Provided further, That notwithstanding any other provision of law
or regulation, during fiscal year 2021, the Secretary of Housing
and Urban Development may not delegate to any Department official other than the Deputy Secretary and the Assistant Secretary
for Public and Indian Housing any authority under paragraph (2)
of section 9(j) of the Act regarding the extension of the time periods
under such section: Provided further, That for purposes of such
section 9(j), the term ‘‘obligate’’ means, with respect to amounts,
that the amounts are subject to a binding agreement that will
result in outlays, immediately or in the future.

Determination.

Definition.

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CHOICE NEIGHBORHOODS INITIATIVE

For competitive grants under the Choice Neighborhoods Initiative (subject to section 24 of the United States Housing Act of
1937 (42 U.S.C. 1437v) unless otherwise specified under this
heading), for transformation, rehabilitation, and replacement
housing needs of both public and HUD-assisted housing and to
transform neighborhoods of poverty into functioning, sustainable
mixed income neighborhoods with appropriate services, schools,
public assets, transportation and access to jobs, $200,000,000, to
remain available until September 30, 2023: Provided, That grant
funds may be used for resident and community services, community
development, and affordable housing needs in the community, and
for conversion of vacant or foreclosed properties to affordable
housing: Provided further, That the use of funds made available
under this heading shall not be deemed to be for public housing
notwithstanding section 3(b)(1) of such Act: Provided further, That
grantees shall commit to an additional period of affordability determined by the Secretary of not fewer than 20 years: Provided further,
That grantees shall provide a match in State, local, other Federal
or private funds: Provided further, That grantees may include local
governments, Tribal entities, public housing agencies, and nonprofit
organizations: Provided further, That for-profit developers may

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Time period.
Determination.

PUBL260A

134 STAT. 1876
Regulations.

Consultation.
Coordination.

Grants.
Deadline.
Determination.

PUBLIC LAW 116–260—DEC. 27, 2020

apply jointly with a public entity: Provided further, That for purposes of environmental review, a grantee shall be treated as a
public housing agency under section 26 of the United States Housing
Act of 1937 (42 U.S.C. 1437x), and grants made with amounts
available under this heading shall be subject to the regulations
issued by the Secretary to implement such section: Provided further,
That of the amount provided under this heading, not less than
$100,000,000 shall be awarded to public housing agencies: Provided
further, That such grantees shall create partnerships with other
local organizations, including assisted housing owners, service agencies, and resident organizations: Provided further, That the Secretary shall consult with the Secretaries of Education, Labor,
Transportation, Health and Human Services, Agriculture, and Commerce, the Attorney General, and the Administrator of the Environmental Protection Agency to coordinate and leverage other appropriate Federal resources: Provided further, That not more than
$5,000,000 of funds made available under this heading may be
provided as grants to undertake comprehensive local planning with
input from residents and the community: Provided further, That
unobligated balances, including recaptures, remaining from funds
appropriated under the heading ‘‘Revitalization of Severely Distressed Public Housing (HOPE VI)’’ in fiscal year 2011 and prior
fiscal years may be used for purposes under this heading, notwithstanding the purposes for which such amounts were appropriated:
Provided further, That the Secretary shall make grant awards not
later than 1 year after the date of enactment of this Act in such
amounts that the Secretary determines: Provided further, That
notwithstanding section 24(o) of the United States Housing Act
of 1937 (42 U.S.C. 1437v(o)), the Secretary may, until September
30, 2023, obligate any available unobligated balances made available under this heading in this or any prior Act.
SELF-SUFFICIENCY PROGRAMS

Federal Register,
publication.
Notice.
Waiver.
Requirements.
Determination.

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Procedures.

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For activities and assistance related to Self-Sufficiency Programs, to remain available until September 30, 2024, $155,000,000:
Provided, That the amounts made available under this heading
are provided as follows:
(1) $105,000,000 shall be for the Family Self-Sufficiency
program to support family self-sufficiency coordinators under
section 23 of the United States Housing Act of 1937 (42 U.S.C.
1437u), to promote the development of local strategies to coordinate the use of assistance under sections 8 and 9 of such
Act with public and private resources, and enable eligible families to achieve economic independence and self-sufficiency: Provided, That the Secretary may, by Federal Register notice,
waive or specify alternative requirements under subsections
(b)(3), (b)(4), (b)(5), or (c)(1) of section 23 of such Act in order
to facilitate the operation of a unified self-sufficiency program
for individuals receiving assistance under different provisions
of such Act, as determined by the Secretary: Provided further,
That owners or sponsors of a multifamily property receiving
project-based rental assistance under section 8 of such Act
may voluntarily make a Family Self-Sufficiency program available to the assisted tenants of such property in accordance
with procedures established by the Secretary: Provided further,
That such procedures established pursuant to the previous

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1877

proviso shall permit participating tenants to accrue escrow
funds in accordance with section 23(d)(2) of such Act and shall
allow owners to use funding from residual receipt accounts
to hire coordinators for their own Family Self-Sufficiency program;
(2) $35,000,000 shall be for the Resident Opportunity and
Self-Sufficiency program to provide for supportive services,
service coordinators, and congregate services as authorized by
section 34 of the United States Housing Act of 1937 (42 U.S.C.
1437z–6) and the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.); and
(3) $15,000,000 shall be for a Jobs-Plus initiative, modeled
after the Jobs-Plus demonstration: Provided, That funding provided under this paragraph shall be available for competitive
grants to partnerships between public housing authorities, local
workforce investment boards established under section 107 of
the Workforce Innovation and Opportunity Act of 2014 (29
U.S.C. 3122), and other agencies and organizations that provide
support to help public housing residents obtain employment
and increase earnings: Provided further, That applicants must
demonstrate the ability to provide services to residents, partner
with workforce investment boards, and leverage service dollars:
Provided further, That the Secretary may allow public housing
agencies to request exemptions from rent and income limitation
requirements under sections 3 and 6 of the United States
Housing Act of 1937 (42 U.S.C. 1437a, 1437d), as necessary
to implement the Jobs-Plus program, on such terms and conditions as the Secretary may approve upon a finding by the
Secretary that any such waivers or alternative requirements
are necessary for the effective implementation of the JobsPlus initiative as a voluntary program for residents: Provided
further, That the Secretary shall publish by notice in the Federal Register any waivers or alternative requirements pursuant
to the preceding proviso no later than 10 days before the
effective date of such notice.

Grants.

Waivers.
Requirements.

Notice.
Federal Register,
publication.
Deadline.

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NATIVE AMERICAN PROGRAMS

For activities and assistance authorized under title I of the
Native American Housing Assistance and Self-Determination Act
of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.), title I of the Housing
and Community Development Act of 1974 with respect to Indian
tribes (42 U.S.C. 5306(a)(1)), and related training and technical
assistance, $825,000,000, to remain available until September 30,
2025: Provided, That the amounts made available under this
heading are provided as follows:
(1) $647,000,000 shall be available for the Native American
Housing Block Grants program, as authorized under title I
of NAHASDA: Provided, That, notwithstanding NAHASDA, to
determine the amount of the allocation under title I of such
Act for each Indian tribe, the Secretary shall apply the formula
under section 302 of NAHASDA with the need component based
on single-race census data and with the need component based
on multi-race census data, and the amount of the allocation
for each Indian tribe shall be the greater of the two resulting
allocation amounts: Provided further, That the Secretary will

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Determination.
Applicability.

Notification.
Deadline.

PUBL260A

134 STAT. 1878

Priority.

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Determination.
Contracts.

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PUBLIC LAW 116–260—DEC. 27, 2020
notify grantees of their formula allocation within 60 days of
the date of enactment of this Act;
(2) $100,000,000 shall be available for competitive grants
under the Native American Housing Block Grants program,
as authorized under title I of NAHASDA: Provided, That the
Secretary shall obligate this additional amount for competitive
grants to eligible recipients authorized under NAHASDA that
apply for funds: Provided further, That in awarding this additional amount, the Secretary shall consider need and administrative capacity, and shall give priority to projects that will
spur construction and rehabilitation of housing: Provided further, That a grant funded pursuant to this paragraph shall
be in an amount not less than $500,000 and not greater than
$10,000,000: Provided further, That any funds transferred for
the necessary costs of administering and overseeing the obligation and expenditure of such additional amounts in prior Acts
may also be used for the necessary costs of administering
and overseeing such additional amount;
(3) $1,000,000 shall be available for the cost of guaranteed
notes and other obligations, as authorized by title VI of
NAHASDA: Provided, That such costs, including the costs of
modifying such notes and other obligations, shall be as defined
in section 502 of the Congressional Budget Act of 1974, as
amended: Provided further, That for fiscal year 2021 funds
made available in this Act for the cost of guaranteed notes
and other obligations and any unobligated balances, including
recaptures and carryover, remaining from amounts appropriated for this purpose under this heading or under the
heading ‘‘Native American Housing Block Grants’’ in prior Acts
are available to subsidize the total principal amount of any
notes and other obligations, any part of which is to be guaranteed, not to exceed $45,649,452;
(4) $70,000,000 shall be available for grants to Indian
tribes for carrying out the Indian Community Development
Block Grant program under title I of the Housing and Community Development Act of 1974, notwithstanding section 106(a)(1)
of such Act, of which, notwithstanding any other provision
of law (including section 203 of this Act), up to $4,000,000
may be used for emergencies that constitute imminent threats
to health and safety: Provided, That not to exceed 20 percent
of any grant made with funds appropriated under this paragraph shall be expended for planning and management development and administration; and
(5) $7,000,000 shall be available for providing training
and technical assistance to Indian tribes, Indian housing
authorities, and tribally designated housing entities, to support
the inspection of Indian housing units, contract expertise, and
for training and technical assistance related to funding provided
under this heading and other headings under this Act for
the needs of Native American families and Indian country:
Provided, That of the funds made available under this paragraph, not less than $2,000,000 shall be available for a national
organization as authorized under section 703 of NAHASDA
(25 U.S.C. 4212): Provided further, That amounts made available under this paragraph may be used, contracted, or competed
as determined by the Secretary: Provided further, That notwithstanding the provisions of the Federal Grant and Cooperative

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PUBL260A

PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1879

Agreements Act of 1977 (31 U.S.C. 6301–6308), the amounts
made available under this paragraph may be used by the
Secretary to enter into cooperative agreements with public and
private organizations, agencies, institutions, and other technical
assistance providers to support the administration of negotiated
rulemaking under section 106 of NAHASDA (25 U.S.C. 4116),
the administration of the allocation formula under section 302
of NAHASDA (25 U.S.C. 4152), and the administration of
performance tracking and reporting under section 407 of
NAHASDA (25 U.S.C. 4167).
INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT

For the cost of guaranteed loans, as authorized by section
184 of the Housing and Community Development Act of 1992 (12
U.S.C. 1715z–13a), $1,500,000, to remain available until expended:
Provided, That such costs, including the costs of modifying such
loans, shall be as defined in section 502 of the Congressional Budget
Act of 1974: Provided further, That an additional $500,000, to
remain available until expended, shall be available for administrative contract expenses including management processes to carry
out the loan guarantee program: Provided further, That for fiscal
year 2021 funds made available in this and prior Acts for the
cost of guaranteed loans, as authorized by section 184 of the
Housing and Community Development Act of 1992 (12 U.S.C.
1715z–13a), that are unobligated, including recaptures and carryover, are available to subsidize total loan principal, any part of
which is to be guaranteed, up to $1,000,000,000.
NATIVE HAWAIIAN HOUSING BLOCK GRANT

For the Native Hawaiian Housing Block Grant program, as
authorized under title VIII of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4221 et seq.),
$2,000,000, to remain available until September 30, 2025: Provided,
That notwithstanding section 812(b) of such Act, the Department
of Hawaiian Home Lands may not invest grant amounts made
available under this heading in investment securities and other
obligations: Provided further, That amounts made available under
this heading in this and prior fiscal years may be used to provide
rental assistance to eligible Native Hawaiian families both on and
off the Hawaiian Home Lands, notwithstanding any other provision
of law.
COMMUNITY PLANNING

AND

DEVELOPMENT

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HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

For carrying out the Housing Opportunities for Persons with
AIDS program, as authorized by the AIDS Housing Opportunity
Act (42 U.S.C. 12901 et seq.), $430,000,000, to remain available
until September 30, 2022, except that amounts allocated pursuant
to section 854(c)(5) of such Act shall remain available until September 30, 2023: Provided, That the Secretary shall renew or
replace all expiring contracts for permanent supportive housing
that initially were funded under section 854(c)(5) of such Act from
funds made available under this heading in fiscal year 2010 and
prior fiscal years that meet all program requirements before

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PUBL260A

134 STAT. 1880
Notice.
Notification.
Deadline.

PUBLIC LAW 116–260—DEC. 27, 2020

awarding funds for new contracts under such section: Provided
further, That the process for submitting amendments and approving
replacement contracts shall be established by the Secretary in a
notice: Provided further, That the Department shall notify grantees
of their formula allocation within 60 days of enactment of this
Act.
COMMUNITY DEVELOPMENT FUND

Grants.

Evaluation.

Allocation.

Notification.
Deadline.

For carrying out the community development block grant program under title I of the Housing and Community Development
Act of 1974, as amended (42 U.S.C. 5301 et seq.) (in this heading
‘‘the Act’’), $3,475,000,000, to remain available until September
30, 2023, unless otherwise specified: Provided, That unless explicitly
provided for under this heading, not to exceed 20 percent of any
grant made with funds made available under this heading shall
be expended for planning and management development and
administration: Provided further, That a metropolitan city, urban
county, unit of general local government, or insular area that
directly or indirectly receives funds under this heading may not
sell, trade, or otherwise transfer all or any portion of such funds
to another such entity in exchange for any other funds, credits,
or non-Federal considerations, but shall use such funds for activities
eligible under title I of the Act: Provided further, That notwithstanding section 105(e)(1) of the Act, no funds made available
under this heading may be provided to a for-profit entity for an
economic development project under section 105(a)(17) unless such
project has been evaluated and selected in accordance with guidelines required under subsection (e)(2) of section 105: Provided further, That of the total amount provided under this heading,
$25,000,000 shall be for activities authorized under section 8071
of the SUPPORT for Patients and Communities Act (Public Law
115–271): Provided further, That the funds allocated pursuant to
the preceding proviso shall not adversely affect the amount of
any formula assistance received by a State under this heading:
Provided further, That the Secretary shall allocate the funds for
such activities based on the notice establishing the funding formula
published in 84 FR 16027 (April 17, 2019) except that the formula
shall use age-adjusted rates of drug overdose deaths for 2018 based
on data from the Centers for Disease Control and Prevention:
Provided further, That the Department of Housing and Urban
Development shall notify grantees of their formula allocation within
60 days of enactment of this Act.
COMMUNITY DEVELOPMENT LOAN GUARANTEES PROGRAM ACCOUNT

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Fees.

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Subject to section 502 of the Congressional Budget Act of 1974
(2 U.S.C. 661a), during fiscal year 2021, commitments to guarantee
loans under section 108 of the Housing and Community Development Act of 1974 (42 U.S.C. 5308), any part of which is guaranteed,
shall not exceed a total principal amount of $300,000,000, notwithstanding any aggregate limitation on outstanding obligations
guaranteed in subsection (k) of such section 108: Provided, That
the Secretary shall collect fees from borrowers, notwithstanding
subsection (m) of such section 108, to result in a credit subsidy
cost of zero for guaranteeing such loans, and any such fees shall
be collected in accordance with section 502(7) of the Congressional
Budget Act of 1974: Provided further, That such commitment

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1881

authority funded by fees may be used to guarantee, or make commitments to guarantee, notes or other obligations issued by any State
on behalf of non-entitlement communities in the State in accordance
with the requirements of such section 108: Provided further, That
any State receiving such a guarantee or commitment under the
preceding proviso shall distribute all funds subject to such guarantee to the units of general local government in nonentitlement
areas that received the commitment.

Distribution.

HOME INVESTMENT PARTNERSHIPS PROGRAM

For the HOME Investment Partnerships program, as authorized under title II of the Cranston-Gonzalez National Affordable
Housing Act, as amended (42 U.S.C. 12721 et seq.), $1,350,000,000,
to remain available until September 30, 2024: Provided, That notwithstanding the amount made available under this heading, the
threshold reduction requirements in sections 216(10) and 217(b)(4)
of such Act shall not apply to allocations of such amount: Provided
further, That the Department shall notify grantees of their formula
allocations within 60 days after enactment of this Act: Provided
further, That section 218(g) of such Act (42 U.S.C. 12748(g)) shall
not apply with respect to the right of a jurisdiction to draw funds
from its HOME Investment Trust Fund that otherwise expired
or would expire in 2016, 2017, 2018, 2019, 2020, 2021, 2022, or
2023 under that section: Provided further, That section 231(b) of
such Act (42 U.S.C. 12771(b)) shall not apply to any uninvested
funds that otherwise were deducted or would be deducted from
the line of credit in the participating jurisdiction’s HOME Investment Trust Fund in 2018, 2019, 2020, 2021, 2022, or 2023 under
that section.

Notification.
Deadline.

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SELF-HELP AND ASSISTED HOMEOWNERSHIP OPPORTUNITY PROGRAM

For the Self-Help and Assisted Homeownership Opportunity
Program, as authorized under section 11 of the Housing Opportunity
Program Extension Act of 1996 (42 U.S.C. 12805 note), $60,000,000,
to remain available until September 30, 2023: Provided, That of
the total amount made available under this heading, $10,000,000
shall be for the Self-Help Homeownership Opportunity Program
as authorized under such section 11: Provided further, That of
the total amount made available under this heading, $41,000,000
shall be for the second, third, and fourth capacity building entities
specified in section 4(a) of the HUD Demonstration Act of 1993
(42 U.S.C. 9816 note), of which not less than $5,000,000 shall
be for rural capacity building activities: Provided further, That
of the total amount made available under this heading, $5,000,000
shall be for capacity building by national rural housing organizations having experience assessing national rural conditions and
providing financing, training, technical assistance, information, and
research to local nonprofit organizations, local governments, and
Indian Tribes serving high need rural communities: Provided further, That of the total amount provided under this heading,
$4,000,000, shall be made available for a program to rehabilitate
and modify the homes of disabled or low-income veterans, as authorized under section 1079 of Public Law 113–291: Provided further,
That the issuance of a Notice of Funding Availability for the funds
provided under the previous proviso shall be completed within

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PUBL260A

134 STAT. 1882

PUBLIC LAW 116–260—DEC. 27, 2020

120 days of enactment of this Act and such funds shall be awarded
within 180 days of such issuance.
HOMELESS ASSISTANCE GRANTS

Notification.
Deadline.

Priority.

Incentives.

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Contracts.
Determination.

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For assistance under title IV of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11360 et seq.), $3,000,000,000, to remain
available until September 30, 2023: Provided, That of the amounts
made available under this heading—
(1) not less than $290,000,000 shall be for the Emergency
Solutions Grants program authorized under subtitle B of such
title IV (42 U.S.C. 11371 et seq.): Provided further, That the
Department shall notify grantees of their formula allocation
from amounts allocated (which may represent initial or final
amounts allocated) for the Emergency Solutions Grant program
not later than 60 days after enactment of this Act;
(2) not less than $2,569,000,000 shall be for the Continuum
of Care program authorized under subtitle C of such title IV
(42 U.S.C. 11381 et seq.) and the Rural Housing Stability
Assistance programs authorized under subtitle D of such title
IV (42 U.S.C. 11408): Provided further, That the Secretary
shall prioritize funding under the Continuum of Care program
to continuums of care that have demonstrated a capacity to
reallocate funding from lower performing projects to higher
performing projects: Provided further, That the Secretary shall
provide incentives to create projects that coordinate with
housing providers and healthcare organizations to provide
permanent supportive housing and rapid re-housing services:
Provided further, That amounts made available for the Continuum of Care program under this heading in this Act and
any remaining unobligated balances from prior Acts may be
used to competitively or non-competitively renew or replace
grants for youth homeless demonstration projects under the
Continuum of Care program, notwithstanding any conflict with
the requirements of the Continuum of Care program;
(3) up to $52,000,000 shall be for grants for rapid rehousing projects and supportive service projects providing
coordinated entry, and for eligible activities the Secretary determines to be critical in order to assist survivors of domestic
violence, dating violence, sexual assault, or stalking, except
that the Secretary may make additional grants for such projects
and purposes from amounts made available for such Continuum
of Care program: Provided further, That such projects shall
be eligible for renewal under the Continuum of Care program
subject to the same terms and conditions as other renewal
applicants;
(4) up to $7,000,000 shall be for the national homeless
data analysis project: Provided further, That notwithstanding
the provisions of the Federal Grant and Cooperative Agreements Act of 1977 (31 U.S.C. 6301–6308), the amounts made
available under this paragraph and any remaining unobligated
balances under this heading for such purposes in prior Acts
may be used by the Secretary to enter into cooperative agreements with such entities as may be determined by the Secretary, including public and private organizations, agencies,
and institutions; and

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1883

(5) up to $82,000,000 shall be to implement projects to
demonstrate how a comprehensive approach to serving homeless youth, age 24 and under, in up to 25 communities with
a priority for communities with substantial rural populations
in up to eight locations, can dramatically reduce youth
homelessness: Provided further, That of the amount made available under this paragraph, up to $10,000,000 shall be to provide
technical assistance on improving system responses to youth
homelessness, and collection, analysis, use, and reporting of
data and performance measures under the comprehensive
approaches to serve homeless youth, in addition to and in
coordination with other technical assistance funds provided
under this title: Provided further, That the Secretary may use
up to 10 percent of the amount made available under the
previous proviso to build the capacity of current technical assistance providers or to train new technical assistance providers
with verifiable prior experience with systems and programs
for youth experiencing homelessness:
Provided further, That youth aged 24 and under seeking assistance
under this heading shall not be required to provide third party
documentation to establish their eligibility under subsection (a)
or (b) of section 103 of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11302) to receive services: Provided further, That
unaccompanied youth aged 24 and under or families headed by
youth aged 24 and under who are living in unsafe situations may
be served by youth-serving providers funded under this heading:
Provided further, That persons eligible under section 103(a)(5) of
the McKinney-Vento Homeless Assistance Act may be served by
any project funded under this heading to provide both transitional
housing and rapid re-housing: Provided further, That for all
matching funds requirements applicable to funds made available
under this heading for this fiscal year and prior fiscal years, a
grantee may use (or could have used) as a source of match funds
other funds administered by the Secretary and other Federal agencies unless there is (or was) a specific statutory prohibition on
any such use of any such funds: Provided further, That none of
the funds made available under this heading shall be available
to provide funding for new projects, except for projects created
through reallocation, unless the Secretary determines that the continuum of care has demonstrated that projects are evaluated and
ranked based on the degree to which they improve the continuum
of care’s system performance: Provided further, That any unobligated amounts remaining from funds made available under this
heading in fiscal year 2012 and prior years for project-based rental
assistance for rehabilitation projects with 10-year grant terms may
be used for purposes under this heading, notwithstanding the purposes for which such funds were appropriated: Provided further,
That unobligated balances, including recaptures and carryover,
remaining from funds transferred to or appropriated under this
heading in fiscal year 2019 or prior years, except for rental assistance amounts that were recaptured and made available until
expended, shall be available for the current purposes authorized
under this heading in addition to the purposes for which such
funds originally were appropriated.

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Priority.

Children, youth,
and families.

Determination.

Time period.

PUBL260A

134 STAT. 1884

PUBLIC LAW 116–260—DEC. 27, 2020
HOUSING PROGRAMS
PROJECT-BASED RENTAL ASSISTANCE

Contracts.

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Determination.

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For activities and assistance for the provision of project-based
subsidy contracts under the United States Housing Act of 1937
(42 U.S.C. 1437 et seq.) (‘‘the Act’’), not otherwise provided for,
$13,065,000,000, to remain available until expended, shall be available on October 1, 2020 (in addition to the $400,000,000 previously
appropriated under this heading that became available October
1, 2020), and $400,000,000, to remain available until expended,
shall be available on October 1, 2021: Provided, That the amounts
made available under this heading shall be available for expiring
or terminating section 8 project-based subsidy contracts (including
section 8 moderate rehabilitation contracts), for amendments to
section 8 project-based subsidy contracts (including section 8 moderate rehabilitation contracts), for contracts entered into pursuant
to section 441 of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11401), for renewal of section 8 contracts for units
in projects that are subject to approved plans of action under
the Emergency Low Income Housing Preservation Act of 1987 or
the Low-Income Housing Preservation and Resident Homeownership Act of 1990, and for administrative and other expenses associated with project-based activities and assistance funded under this
heading: Provided further, That of the total amounts provided under
this heading, not to exceed $350,000,000 shall be available for
performance-based contract administrators for section 8 projectbased assistance, for carrying out 42 U.S.C. 1437(f): Provided further, That the Secretary may also use such amounts in the previous
proviso for performance-based contract administrators for the
administration of: interest reduction payments pursuant to section
236(a) of the National Housing Act (12 U.S.C. 1715z–1(a)); rent
supplement payments pursuant to section 101 of the Housing and
Urban Development Act of 1965 (12 U.S.C. 1701s); section 236(f)(2)
rental assistance payments (12 U.S.C. 1715z–1(f)(2)); project rental
assistance contracts for the elderly under section 202(c)(2) of the
Housing Act of 1959 (12 U.S.C. 1701q); project rental assistance
contracts for supportive housing for persons with disabilities under
section 811(d)(2) of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 8013(d)(2)); project assistance contracts
pursuant to section 202(h) of the Housing Act of 1959 (Public
Law 86–372; 73 Stat. 667); and loans under section 202 of the
Housing Act of 1959 (Public Law 86–372; 73 Stat. 667): Provided
further, That amounts recaptured under this heading, the heading
‘‘Annual Contributions for Assisted Housing’’, or the heading
‘‘Housing Certificate Fund’’, may be used for renewals of or amendments to section 8 project-based contracts or for performance-based
contract administrators, notwithstanding the purposes for which
such amounts were appropriated: Provided further, That, notwithstanding any other provision of law, upon the request of the Secretary, project funds that are held in residual receipts accounts
for any project subject to a section 8 project-based Housing Assistance Payments contract that authorizes the Department or a
housing finance agency to require that surplus project funds be
deposited in an interest-bearing residual receipts account and that
are in excess of an amount to be determined by the Secretary,
shall be remitted to the Department and deposited in this account,

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1885

to be available until expended: Provided further, That amounts
deposited pursuant to the previous proviso shall be available in
addition to the amount otherwise provided by this heading for
uses authorized under this heading.
HOUSING FOR THE ELDERLY

For capital advances, including amendments to capital advance
contracts, for housing for the elderly, as authorized by section
202 of the Housing Act of 1959 (12 U.S.C. 1701q), for project
rental assistance for the elderly under section 202(c)(2) of such
Act, including amendments to contracts for such assistance and
renewal of expiring contracts for such assistance for up to a 5year term, for senior preservation rental assistance contracts,
including renewals, as authorized by section 811(e) of the American
Homeownership and Economic Opportunity Act of 2000 (12 U.S.C.
1701q note), and for supportive services associated with the housing,
$855,000,000 to remain available until September 30, 2024: Provided, That of the amount made available under this heading,
up to $125,000,000 shall be for service coordinators and the continuation of existing congregate service grants for residents of assisted
housing projects: Provided further, That amounts made available
under this heading shall be available for Real Estate Assessment
Center inspections and inspection-related activities associated with
section 202 projects: Provided further, That the Secretary may
waive the provisions of section 202 governing the terms and conditions of project rental assistance, except that the initial contract
term for such assistance shall not exceed 5 years in duration:
Provided further, That upon request of the Secretary, project funds
that are held in residual receipts accounts for any project subject
to a section 202 project rental assistance contract, and that upon
termination of such contract are in excess of an amount to be
determined by the Secretary, shall be remitted to the Department
and deposited in this account, to remain available until September
30, 2024: Provided further, That amounts deposited in this account
pursuant to the previous proviso shall be available, in addition
to the amounts otherwise provided by this heading, for the purposes
authorized under this heading: Provided further, That unobligated
balances, including recaptures and carryover, remaining from funds
transferred to or appropriated under this heading shall be available
for the current purposes authorized under this heading in addition
to the purposes for which such funds originally were appropriated:
Provided further, That of the total amount made available under
this heading, up to $14,000,000 shall be used by the Secretary
to continue demonstration programs to test housing with services
models for the elderly that demonstrate the potential to delay
or avoid the need for nursing home care: Provided further, That
of the total amount made available under this heading, up to
$5,000,000 shall be used to expand the supply of intergenerational
dwelling units (as such term is defined in section 202 of the Legacy
Act of 2003 (12 U.S.C. 1701q note)) for elderly caregivers raising
children.

Waiver authority.
Time period.

Determination.

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HOUSING FOR PERSONS WITH DISABILITIES

For capital advances, including amendments to capital advance
contracts, for supportive housing for persons with disabilities, as

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134 STAT. 1886

Contracts.
Determination.

PUBLIC LAW 116–260—DEC. 27, 2020

authorized by section 811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013), for project rental assistance
for supportive housing for persons with disabilities under section
811(d)(2) of such Act, for project assistance contracts pursuant
to subsection (h) of section 202 of the Housing Act of 1959, as
added by section 205(a) of the Housing and Community Development Amendments of 1978 (Public Law 95–557: 92 Stat. 2090),
including amendments to contracts for such assistance and renewal
of expiring contracts for such assistance for up to a 1-year term,
for project rental assistance to State housing finance agencies and
other appropriate entities as authorized under section 811(b)(3)
of the Cranston-Gonzalez National Affordable Housing Act, and
for supportive services associated with the housing for persons
with disabilities as authorized by section 811(b)(1) of such Act,
$227,000,000, to remain available until September 30, 2024: Provided, That amounts made available under this heading shall be
available for Real Estate Assessment Center inspections and inspection-related activities associated with section 811 projects: Provided
further, That, upon the request of the Secretary, project funds
that are held in residual receipts accounts for any project subject
to a section 811 project rental assistance contract, and that upon
termination of such contract are in excess of an amount to be
determined by the Secretary, shall be remitted to the Department
and deposited in this account, to remain available until September
30, 2024: Provided further, That amounts deposited in this account
pursuant to the previous proviso shall be available in addition
to the amounts otherwise provided by this heading for the purposes
authorized under this heading: Provided further, That unobligated
balances, including recaptures and carryover, remaining from funds
transferred to or appropriated under this heading shall be used
for the current purposes authorized under this heading in addition
to the purposes for which such funds originally were appropriated.
HOUSING COUNSELING ASSISTANCE

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Contracts.

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For contracts, grants, and other assistance excluding loans,
as authorized under section 106 of the Housing and Urban Development Act of 1968, as amended, $57,500,000, to remain available
until September 30, 2022, including up to $4,500,000 for administrative contract services: Provided, That funds shall be used for providing counseling and advice to tenants and homeowners, both
current and prospective, with respect to property maintenance,
financial management or literacy, and such other matters as may
be appropriate to assist them in improving their housing conditions,
meeting their financial needs, and fulfilling the responsibilities
of tenancy or homeownership; for program administration; and for
housing counselor training: Provided further, That for purposes
of providing such grants from amounts provided under this heading,
the Secretary may enter into multiyear agreements, as appropriate,
subject to the availability of annual appropriations: Provided further, That an additional $20,000,000 (not subject to such section
106), to remain available until September 30, 2023, shall be for
competitive grants to nonprofit or governmental entities to provide
legal assistance (including assistance related to pretrial activities,
trial activities, post-trial activities and alternative dispute resolution) at no cost to eligible low-income tenants at risk of or subject
to eviction: Provided further, That in awarding grants under the

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1887

preceding proviso, the Secretary shall give preference to applicants
that include a marketing strategy for residents of areas with high
rates of eviction, have experience providing no-cost legal assistance
to low-income individuals, including those with limited English
proficiency or disabilities, and have sufficient capacity to administer
such assistance: Provided further, That the Secretary shall ensure,
to the extent practicable, that the proportion of eligible tenants
living in rural areas who will receive legal assistance with grant
funds made available under this heading is not less than the
overall proportion of eligible tenants who live in rural areas.

Urban and rural
areas.

PAYMENT TO MANUFACTURED HOUSING FEES TRUST FUND

For necessary expenses as authorized by the National Manufactured Housing Construction and Safety Standards Act of 1974 (42
U.S.C. 5401 et seq.), up to $13,000,000, to remain available until
expended, of which $13,000,000 shall be derived from the Manufactured Housing Fees Trust Fund (established under section 620(e)
of such Act (42 U.S.C. 5419(e)): Provided, That not to exceed the
total amount appropriated under this heading shall be available
from the general fund of the Treasury to the extent necessary
to incur obligations and make expenditures pending the receipt
of collections to the Fund pursuant to section 620 of such Act:
Provided further, That the amount made available under this
heading from the general fund shall be reduced as such collections
are received during fiscal year 2021 so as to result in a final
fiscal year 2021 appropriation from the general fund estimated
at zero, and fees pursuant to such section 620 shall be modified
as necessary to ensure such a final fiscal year 2021 appropriation:
Provided further, That for the dispute resolution and installation
programs, the Secretary may assess and collect fees from any program participant: Provided further, That such collections shall be
deposited into the Trust Fund, and the Secretary, as provided
herein, may use such collections, as well as fees collected under
section 620 of such Act, for necessary expenses of such Act: Provided
further, That, notwithstanding the requirements of section 620 of
such Act, the Secretary may carry out responsibilities of the Secretary under such Act through the use of approved service providers
that are paid directly by the recipients of their services.
FEDERAL HOUSING ADMINISTRATION

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MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT

New commitments to guarantee single family loans insured
under the Mutual Mortgage Insurance Fund shall not exceed
$400,000,000,000, to remain available until September 30, 2022:
Provided, That during fiscal year 2021, obligations to make direct
loans to carry out the purposes of section 204(g) of the National
Housing Act, as amended, shall not exceed $1,000,000: Provided
further, That the foregoing amount in the previous proviso shall
be for loans to nonprofit and governmental entities in connection
with sales of single family real properties owned by the Secretary
and formerly insured under the Mutual Mortgage Insurance Fund:
Provided further, That for administrative contract expenses of the
Federal Housing Administration, $130,000,000, to remain available
until September 30, 2022: Provided further, That to the extent
guaranteed loan commitments exceed $200,000,000,000 on or before

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134 STAT. 1888

PUBLIC LAW 116–260—DEC. 27, 2020

April 1, 2021, an additional $1,400 for administrative contract
expenses shall be available for each $1,000,000 in additional
guaranteed loan commitments (including a pro rata amount for
any amount below $1,000,000), but in no case shall funds made
available by this proviso exceed $30,000,000: Provided further, That
notwithstanding the limitation in the first sentence of section 255(g)
of the National Housing Act (12 U.S.C. 1715z–20(g)), during fiscal
year 2021 the Secretary may insure and enter into new commitments to insure mortgages under section 255 of the National
Housing Act only to the extent that the net credit subsidy cost
for such insurance does not exceed zero.
GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

New commitments to guarantee loans insured under the General and Special Risk Insurance Funds, as authorized by sections
238 and 519 of the National Housing Act (12 U.S.C. 1715z–3 and
1735c), shall not exceed $30,000,000,000 in total loan principal,
any part of which is to be guaranteed, to remain available until
September 30, 2022: Provided, That during fiscal year 2021, gross
obligations for the principal amount of direct loans, as authorized
by sections 204(g), 207(l), 238, and 519(a) of the National Housing
Act, shall not exceed $1,000,000, which shall be for loans to nonprofit and governmental entities in connection with the sale of
single family real properties owned by the Secretary and formerly
insured under such Act.
GOVERNMENT NATIONAL MORTGAGE ASSOCIATION
GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN GUARANTEE
PROGRAM ACCOUNT

Deadline.

New commitments to issue guarantees to carry out the purposes
of section 306 of the National Housing Act, as amended (12 U.S.C.
1721(g)), shall not exceed $1,300,000,000,000, to remain available
until September 30, 2022: Provided, That $33,500,000, to remain
available until September 30, 2022, shall be for necessary salaries
and expenses of the Office of Government National Mortgage
Association: Provided further, That to the extent that guaranteed
loan commitments exceed $155,000,000,000 on or before April 1,
2021, an additional $100 for necessary salaries and expenses shall
be available until expended for each $1,000,000 in additional
guaranteed loan commitments (including a pro rata amount for
any amount below $1,000,000), but in no case shall funds made
available by this proviso exceed $3,000,000: Provided further, That
receipts from Commitment and Multiclass fees collected pursuant
to title III of the National Housing Act (12 U.S.C. 1716 et seq.)
shall be credited as offsetting collections to this account.
POLICY DEVELOPMENT

AND

RESEARCH

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RESEARCH AND TECHNOLOGY

For contracts, grants, and necessary expenses of programs of
research and studies relating to housing and urban problems, not
otherwise provided for, as authorized by title V of the Housing
and Urban Development Act of 1970 (12 U.S.C. 1701z–1 et seq.),
including carrying out the functions of the Secretary of Housing

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1889

and Urban Development under section 1(a)(1)(i) of Reorganization
Plan No. 2 of 1968, and for technical assistance, $105,000,000,
to remain available until September 30, 2022: Provided, That with
respect to amounts made available under this heading, notwithstanding section 203 of this title, the Secretary may enter into
cooperative agreements with philanthropic entities, other Federal
agencies, State or local governments and their agencies, Indian
Tribes, tribally designated housing entities, or colleges or universities for research projects: Provided further, That with respect
to the preceding proviso, such partners to the cooperative agreements shall contribute at least a 50 percent match toward the
cost of the project: Provided further, That for non-competitive agreements entered into in accordance with the preceding two provisos,
the Secretary shall comply with section 2(b) of the Federal Funding
Accountability and Transparency Act of 2006 (Public Law 109–
282, 31 U.S.C. note) in lieu of compliance with section 102(a)(4)(C)
of the Department of Housing and Urban Development Reform
Act of 1989 (42 U.S.C. 3545(a)(4)(C)) with respect to documentation
of award decisions: Provided further, That prior to obligation of
technical assistance funding, the Secretary shall submit a plan
to the House and Senate Committees on Appropriations on how
the Secretary will allocate funding for this activity at least 30
days prior to obligation: Provided further, That none of the funds
provided under this heading may be available for the doctoral
dissertation research grant program.
FAIR HOUSING

AND

Contracts.

Contribution.

Compliance.

Plan.
Deadline.

EQUAL OPPORTUNITY

FAIR HOUSING ACTIVITIES

For contracts, grants, and other assistance, not otherwise provided for, as authorized by title VIII of the Civil Rights Act of
1968 (42 U.S.C. 3601 et seq.), and section 561 of the Housing
and Community Development Act of 1987 (42 U.S.C. 3616a),
$72,555,000, to remain available until September 30, 2022: Provided, That notwithstanding section 3302 of title 31, United States
Code, the Secretary may assess and collect fees to cover the costs
of the Fair Housing Training Academy, and may use such funds
to develop on-line courses and provide such training: Provided further, That none of the funds made available under this heading
may be used to lobby the executive or legislative branches of the
Federal Government in connection with a specific contract, grant,
or loan: Provided further, That of the funds made available under
this heading, $350,000 shall be available to the Secretary for the
creation and promotion of translated materials and other programs
that support the assistance of persons with limited English proficiency in utilizing the services provided by the Department of
Housing and Urban Development.
OFFICE

OF

LEAD HAZARD CONTROL

AND

Fees.

Lobbying.

HEALTHY HOMES

LEAD HAZARD REDUCTION

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(INCLUDING TRANSFER OF FUNDS)

For the Lead Hazard Reduction Program, as authorized by
section 1011 of the Residential Lead-Based Paint Hazard Reduction
Act of 1992, $360,000,000, to remain available until September

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134 STAT. 1890

Determination.
Time period.

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Certification.
Notice.

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30, 2023, of which $60,000,000 shall be for the Healthy Homes
Initiative, pursuant to sections 501 and 502 of the Housing and
Urban Development Act of 1970, which shall include research,
studies, testing, and demonstration efforts, including education and
outreach concerning lead-based paint poisoning and other housingrelated diseases and hazards: Provided, That for purposes of
environmental review, pursuant to the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other provisions
of law that further the purposes of such Act, a grant under the
Healthy Homes Initiative, or the Lead Technical Studies program
under this heading or under prior appropriations Acts for such
purposes under this heading, shall be considered to be funds for
a special project for purposes of section 305(c) of the Multifamily
Housing Property Disposition Reform Act of 1994: Provided further,
That not less than $95,000,000 of the amounts made available
under this heading for the award of grants pursuant to section
1011 of the Residential Lead-Based Paint Hazard Reduction Act
of 1992 shall be provided to areas with the highest lead-based
paint abatement needs: Provided further, That with respect to obligated amounts appropriated under this heading in title II of division
G of the Consolidated Appropriations Act, 2019 (Public Law 116–
6) for the implementation of projects to demonstrate how intensive,
extended, multi-year interventions can dramatically reduce the
presence of lead-based paint hazards in communities: (1) such
projects may serve more than four contiguous census tracts; (2)
such projects shall allow for enrollment of families and homes
within the community beyond where the initially targeted census
tracts were located, provided that such projects meet the highest
lead-based paint abatement needs, as determined by the Secretary;
and (3) such projects may exceed 5 years in duration, notwithstanding any inconsistent requirements: Provided further, That of
the amount made available for the Healthy Homes Initiative,
$5,000,000 shall be for the implementation of projects in up to
five communities that are served by both the Healthy Homes Initiative and the Department of Energy weatherization programs to
demonstrate whether the coordination of Healthy Homes remediation activities with weatherization activities achieves cost savings
and better outcomes in improving the safety and quality of homes:
Provided further, That each applicant for a grant or cooperative
agreement under this heading shall certify adequate capacity that
is acceptable to the Secretary to carry out the proposed use of
funds pursuant to a notice of funding availability: Provided further,
That of the amounts made available under this heading,
$10,000,000 shall be for a program established by the Secretary
to make grants to experienced non-profit organizations, States,
local governments, or public housing agencies for safety and functional home modification repairs to meet the needs of low-income
elderly homeowners to enable them to remain in their primary
residence: Provided further, That of the total amount made available
under the previous proviso, no less than $5,000,000 shall be available to meet such needs in communities with substantial rural
populations: Provided further, That amounts made available under
this heading, except for amounts in the previous two provisos,
in this or prior appropriations Acts, still remaining available, may
be used for any purpose under this heading notwithstanding the
purpose for which such amounts were appropriated if a program

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PUBLIC LAW 116–260—DEC. 27, 2020

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competition is undersubscribed and there are other program competitions under this heading that are oversubscribed: Provided further, That up to $2,000,000 of the amounts made available under
this heading may be transferred to the heading ‘‘Policy Development
and Research’’ for the purposes of conducting research and studies
and for use in accordance with the provisos under that heading
for non-competitive agreements.
INFORMATION TECHNOLOGY FUND
For the development, modernization, and enhancement of,
modifications to, and infrastructure for Department-wide and program-specific information technology systems, for the continuing
operation and maintenance of both Department-wide and programspecific information systems, and for program-related maintenance
activities, $300,000,000, of which $260,000,000 shall remain available until September 30, 2022, and of which $40,000,000 shall
remain available until September 30, 2024: Provided, That any
amounts transferred to this Fund under this Act shall remain
available until expended: Provided further, That any amounts transferred to this Fund from amounts appropriated by previously
enacted appropriations Acts may be used for the purposes specified
under this Fund, in addition to any other information technology
purposes for which such amounts were appropriated: Provided further, That not more than 10 percent of the funds made available
under this heading for development, modernization, and enhancement may be obligated until the Secretary submits a performance
plan to the House and Senate Committees on Appropriations for
approval.
OFFICE

OF INSPECTOR

Performance
plan.

GENERAL

For necessary salaries and expenses of the Office of Inspector
General in carrying out the Inspector General Act of 1978, as
amended, $135,514,000: Provided, That the Inspector General shall
have independent authority over all personnel issues within this
office: Provided further, That for this fiscal year and each fiscal
year thereafter, subject to appropriations for that purpose, the
Office of Inspector General shall procure and rely upon the services
of an independent external auditor(s) to audit the financial statements of the Department of Housing and Urban Development,
including the consolidated financial statement and the financial
statements of the Federal Housing Administration and the Government National Mortgage Association: Provided further, That in
addition to amounts under this heading otherwise available for
the purposes specified in the previous proviso, $1,686,000 shall
be available only for such specified purposes.
GENERAL PROVISIONS—DEPARTMENT OF HOUSING
DEVELOPMENT

AND

Contracts.
Audits.
42 USC 3550.

URBAN

(INCLUDING TRANSFER OF FUNDS)

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(INCLUDING RESCISSIONS)

SEC. 201. Fifty percent of the amounts of budget authority,
or in lieu thereof 50 percent of the cash amounts associated with
such budget authority, that are recaptured from projects described

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PUBLIC LAW 116–260—DEC. 27, 2020

in section 1012(a) of the Stewart B. McKinney Homeless Assistance
Amendments Act of 1988 (42 U.S.C. 1437f note) shall be rescinded
or in the case of cash, shall be remitted to the Treasury, and
such amounts of budget authority or cash recaptured and not
rescinded or remitted to the Treasury shall be used by State housing
finance agencies or local governments or local housing agencies
with projects approved by the Secretary of Housing and Urban
Development for which settlement occurred after January 1, 1992,
in accordance with such section. Notwithstanding the previous sentence, the Secretary may award up to 15 percent of the budget
authority or cash recaptured and not rescinded or remitted to
the Treasury to provide project owners with incentives to refinance
their project at a lower interest rate.
SEC. 202. None of the funds made available by this Act may
be used during fiscal year 2021 to investigate or prosecute under
the Fair Housing Act any otherwise lawful activity engaged in
by one or more persons, including the filing or maintaining of
a nonfrivolous legal action, that is engaged in solely for the purpose
of achieving or preventing action by a Government official or entity,
or a court of competent jurisdiction.
SEC. 203. Except as explicitly provided in law, any grant,
cooperative agreement or other assistance made pursuant to title
II of this Act shall be made on a competitive basis and in accordance
with section 102 of the Department of Housing and Urban Development Reform Act of 1989 (42 U.S.C. 3545).
SEC. 204. Funds of the Department of Housing and Urban
Development subject to the Government Corporation Control Act
or section 402 of the Housing Act of 1950 shall be available, without
regard to the limitations on administrative expenses, for legal services on a contract or fee basis, and for utilizing and making payment
for services and facilities of the Federal National Mortgage Association, Government National Mortgage Association, Federal Home
Loan Mortgage Corporation, Federal Financing Bank, Federal
Reserve banks or any member thereof, Federal Home Loan banks,
and any insured bank within the meaning of the Federal Deposit
Insurance Corporation Act, as amended (12 U.S.C. 1811–1).
SEC. 205. Unless otherwise provided for in this Act or through
a reprogramming of funds, no part of any appropriation for the
Department of Housing and Urban Development shall be available
for any program, project or activity in excess of amounts set forth
in the budget estimates submitted to Congress.
SEC. 206. Corporations and agencies of the Department of
Housing and Urban Development which are subject to the Government Corporation Control Act are hereby authorized to make such
expenditures, within the limits of funds and borrowing authority
available to each such corporation or agency and in accordance
with law, and to make such contracts and commitments without
regard to fiscal year limitations as provided by section 104 of
such Act as may be necessary in carrying out the programs set
forth in the budget for 2021 for such corporation or agency except
as hereinafter provided: Provided, That collections of these corporations and agencies may be used for new loan or mortgage purchase
commitments only to the extent expressly provided for in this
Act (unless such loans are in support of other forms of assistance
provided for in this or prior appropriations Acts), except that this
proviso shall not apply to the mortgage insurance or guaranty

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134 STAT. 1893

operations of these corporations, or where loans or mortgage purchases are necessary to protect the financial interest of the United
States Government.
SEC. 207. The Secretary shall provide quarterly reports to the
House and Senate Committees on Appropriations regarding all
uncommitted, unobligated, recaptured and excess funds in each
program and activity within the jurisdiction of the Department
and shall submit additional, updated budget information to these
Committees upon request.
SEC. 208. None of the funds made available by this title may
be used for an audit of the Government National Mortgage Association that makes applicable requirements under the Federal Credit
Reform Act of 1990 (2 U.S.C. 661 et seq.).
SEC. 209. (a) Notwithstanding any other provision of law, subject to the conditions listed under this section, for fiscal years
2021 and 2022, the Secretary of Housing and Urban Development
may authorize the transfer of some or all project-based assistance,
debt held or insured by the Secretary and statutorily required
low-income and very low-income use restrictions if any, associated
with one or more multifamily housing project or projects to another
multifamily housing project or projects.
(b) PHASED TRANSFERS.—Transfers of project-based assistance
under this section may be done in phases to accommodate the
financing and other requirements related to rehabilitating or constructing the project or projects to which the assistance is transferred, to ensure that such project or projects meet the standards
under subsection (c).
(c) The transfer authorized in subsection (a) is subject to the
following conditions:
(1) NUMBER AND BEDROOM SIZE OF UNITS.—
(A) For occupied units in the transferring project: The
number of low-income and very low-income units and the
configuration (i.e., bedroom size) provided by the transferring project shall be no less than when transferred to
the receiving project or projects and the net dollar amount
of Federal assistance provided to the transferring project
shall remain the same in the receiving project or projects.
(B) For unoccupied units in the transferring project:
The Secretary may authorize a reduction in the number
of dwelling units in the receiving project or projects to
allow for a reconfiguration of bedroom sizes to meet current
market demands, as determined by the Secretary and provided there is no increase in the project-based assistance
budget authority.
(2) The transferring project shall, as determined by the
Secretary, be either physically obsolete or economically nonviable, or be reasonably expected to become economically nonviable when complying with state or Federal requirements for
community integration and reduced concentration of individuals
with disabilities.
(3) The receiving project or projects shall meet or exceed
applicable physical standards established by the Secretary.
(4) The owner or mortgagor of the transferring project
shall notify and consult with the tenants residing in the
transferring project and provide a certification of approval by
all appropriate local governmental officials.

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Time period.
Reports.
Budget.

Determination.

Determination.

Standards.
Notification.
Consultation.
Certification.

PUBL260A

134 STAT. 1894

Determination.
Waiver authority.
Determination.

Records.

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Definitions.

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PUBLIC LAW 116–260—DEC. 27, 2020
(5) The tenants of the transferring project who remain
eligible for assistance to be provided by the receiving project
or projects shall not be required to vacate their units in the
transferring project or projects until new units in the receiving
project are available for occupancy.
(6) The Secretary determines that this transfer is in the
best interest of the tenants.
(7) If either the transferring project or the receiving project
or projects meets the condition specified in subsection (d)(2)(A),
any lien on the receiving project resulting from additional
financing obtained by the owner shall be subordinate to any
FHA-insured mortgage lien transferred to, or placed on, such
project by the Secretary, except that the Secretary may waive
this requirement upon determination that such a waiver is
necessary to facilitate the financing of acquisition, construction,
and/or rehabilitation of the receiving project or projects.
(8) If the transferring project meets the requirements of
subsection (d)(2), the owner or mortgagor of the receiving
project or projects shall execute and record either a continuation
of the existing use agreement or a new use agreement for
the project where, in either case, any use restrictions in such
agreement are of no lesser duration than the existing use
restrictions.
(9) The transfer does not increase the cost (as defined
in section 502 of the Congressional Budget Act of 1974(2 U.S.C.
661a)) of any FHA-insured mortgage, except to the extent that
appropriations are provided in advance for the amount of any
such increased cost.
(d) For purposes of this section—
(1) the terms ‘‘low-income’’ and ‘‘very low-income’’ shall
have the meanings provided by the statute and/or regulations
governing the program under which the project is insured or
assisted;
(2) the term ‘‘multifamily housing project’’ means housing
that meets one of the following conditions—
(A) housing that is subject to a mortgage insured under
the National Housing Act;
(B) housing that has project-based assistance attached
to the structure including projects undergoing mark to
market debt restructuring under the Multifamily Assisted
Housing Reform and Affordability Housing Act;
(C) housing that is assisted under section 202 of the
Housing Act of 1959 (12 U.S.C. 1701q);
(D) housing that is assisted under section 202 of the
Housing Act of 1959 (12 U.S.C. 1701q), as such section
existed before the enactment of the Cranston-Gonzales
National Affordable Housing Act;
(E) housing that is assisted under section 811 of the
Cranston-Gonzales National Affordable Housing Act (42
U.S.C. 8013); or
(F) housing or vacant land that is subject to a use
agreement;
(3) the term ‘‘project-based assistance’’ means—
(A) assistance provided under section 8(b) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(b));
(B) assistance for housing constructed or substantially
rehabilitated pursuant to assistance provided under section

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134 STAT. 1895

8(b)(2) of such Act (as such section existed immediately
before October 1, 1983);
(C) rent supplement payments under section 101 of
the Housing and Urban Development Act of 1965 (12 U.S.C.
1701s);
(D) interest reduction payments under section 236 and/
or additional assistance payments under section 236(f)(2)
of the National Housing Act (12 U.S.C. 1715z–1);
(E) assistance payments made under section 202(c)(2)
of the Housing Act of 1959 (12 U.S.C. 1701q(c)(2)); and
(F) assistance payments made under section 811(d)(2)
of the Cranston-Gonzalez National Affordable Housing Act
(42 U.S.C. 8013(d)(2));
(4) the term ‘‘receiving project or projects’’ means the multifamily housing project or projects to which some or all of
the project-based assistance, debt, and statutorily required lowincome and very low-income use restrictions are to be transferred;
(5) the term ‘‘transferring project’’ means the multifamily
housing project which is transferring some or all of the projectbased assistance, debt, and the statutorily required low-income
and very low-income use restrictions to the receiving project
or projects; and
(6) the term ‘‘Secretary’’ means the Secretary of Housing
and Urban Development.
(e) RESEARCH REPORT.—The Secretary shall conduct an evaluation of the transfer authority under this section, including the
effect of such transfers on the operational efficiency, contract rents,
physical and financial conditions, and long-term preservation of
the affected properties.
SEC. 210. (a) No assistance shall be provided under section
8 of the United States Housing Act of 1937 (42 U.S.C. 1437f)
to any individual who—
(1) is enrolled as a student at an institution of higher
education (as defined under section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002));
(2) is under 24 years of age;
(3) is not a veteran;
(4) is unmarried;
(5) does not have a dependent child;
(6) is not a person with disabilities, as such term is defined
in section 3(b)(3)(E) of the United States Housing Act of 1937
(42 U.S.C. 1437a(b)(3)(E)) and was not receiving assistance
under such section 8 as of November 30, 2005;
(7) is not a youth who left foster care at age 14 or older
and is at risk of becoming homeless; and
(8) is not otherwise individually eligible, or has parents
who, individually or jointly, are not eligible, to receive assistance under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f).
(b) For purposes of determining the eligibility of a person
to receive assistance under section 8 of the United States Housing
Act of 1937 (42 U.S.C. 1437f), any financial assistance (in excess
of amounts received for tuition and any other required fees and
charges) that an individual receives under the Higher Education
Act of 1965 (20 U.S.C. 1001 et seq.), from private sources, or
from an institution of higher education (as defined under section

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Evaluation.

Determination.

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Allocation.
Eligibility.

Determination.
Consultations.

Contracts.
Notification.

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42 USC 1437g
note.

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102 of the Higher Education Act of 1965 (20 U.S.C. 1002)), shall
be considered income to that individual, except for a person over
the age of 23 with dependent children.
SEC. 211. The funds made available for Native Alaskans under
paragraph (1) under the heading ‘‘Native American Programs’’ in
title II of this Act shall be allocated to the same Native Alaskan
housing block grant recipients that received funds in fiscal year
2005, and only such recipients shall be eligible to apply for funds
made available under paragraph (2) of such heading.
SEC. 212. Notwithstanding any other provision of law, in fiscal
year 2021, in managing and disposing of any multifamily property
that is owned or has a mortgage held by the Secretary of Housing
and Urban Development, and during the process of foreclosure
on any property with a contract for rental assistance payments
under section 8 of the United States Housing Act of 1937 (42
U.S.C. 1437f) or any other Federal programs, the Secretary shall
maintain any rental assistance payments under section 8 of the
United States Housing Act of 1937 and other programs that are
attached to any dwelling units in the property. To the extent
the Secretary determines, in consultation with the tenants and
the local government that such a multifamily property owned or
having a mortgage held by the Secretary is not feasible for continued
rental assistance payments under such section 8 or other programs,
based on consideration of (1) the costs of rehabilitating and operating the property and all available Federal, State, and local
resources, including rent adjustments under section 524 of the
Multifamily Assisted Housing Reform and Affordability Act of 1997
(‘‘MAHRAA’’) (42 U.S.C. 1437f note), and (2) environmental conditions that cannot be remedied in a cost-effective fashion, the Secretary may, in consultation with the tenants of that property,
contract for project-based rental assistance payments with an owner
or owners of other existing housing properties, or provide other
rental assistance. The Secretary shall also take appropriate steps
to ensure that project-based contracts remain in effect prior to
foreclosure, subject to the exercise of contractual abatement remedies to assist relocation of tenants for imminent major threats
to health and safety after written notice to and informed consent
of the affected tenants and use of other available remedies, such
as partial abatements or receivership. After disposition of any multifamily property described in this section, the contract and allowable
rent levels on such properties shall be subject to the requirements
under section 524 of MAHRAA.
SEC. 213. Public housing agencies that own and operate 400
or fewer public housing units may elect to be exempt from any
asset management requirement imposed by the Secretary in connection with the operating fund rule: Provided, That an agency seeking
a discontinuance of a reduction of subsidy under the operating
fund formula shall not be exempt from asset management requirements.
SEC. 214. With respect to the use of amounts provided in
this Act and in future Acts for the operation, capital improvement,
and management of public housing as authorized by sections 9(d)
and 9(e) of the United States Housing Act of 1937 (42 U.S.C.
1437g(d),(e)), the Secretary shall not impose any requirement or
guideline relating to asset management that restricts or limits
in any way the use of capital funds for central office costs pursuant
to paragraph (1) or (2) of section 9(g) of the United States Housing

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134 STAT. 1897

Act of 1937 (42 U.S.C. 1437g(g)(1), (2)): Provided, That a public
housing agency may not use capital funds authorized under section
9(d) for activities that are eligible under section 9(e) for assistance
with amounts from the operating fund in excess of the amounts
permitted under paragraph (1) or (2) of section 9(g).
SEC. 215. No official or employee of the Department of Housing
and Urban Development shall be designated as an allotment holder
unless the Office of the Chief Financial Officer has determined
that such allotment holder has implemented an adequate system
of funds control and has received training in funds control procedures and directives. The Chief Financial Officer shall ensure that
there is a trained allotment holder for each HUD appropriation
under the accounts ‘‘Executive Offices’’, ‘‘Administrative Support
Offices’’, ‘‘Program Offices’’, ‘‘Government National Mortgage
Association—Guarantees of Mortgage-Backed Securities Loan Guarantee Program Account’’, and ‘‘Office of Inspector General’’ within
the Department of Housing and Urban Development.
SEC. 216. The Secretary shall, for fiscal year 2021, notify the
public through the Federal Register and other means, as determined
appropriate, of the issuance of a notice of the availability of assistance or notice of funding availability (NOFA) for any program
or discretionary fund administered by the Secretary that is to
be competitively awarded. Notwithstanding any other provision of
law, for fiscal year 2021, the Secretary may make the NOFA available only on the Internet at the appropriate Government website
or through other electronic media, as determined by the Secretary.
SEC. 217. Payment of attorney fees in program-related litigation
shall be paid from the individual program office and Office of
General Counsel salaries and expenses appropriations. The annual
budget submission for the program offices and the Office of General
Counsel shall include any such projected litigation costs for attorney
fees as a separate line item request.
SEC. 218. The Secretary is authorized to transfer up to 10
percent or $5,000,000, whichever is less, of funds appropriated
for any office under the headings ‘‘Administrative Support Offices’’
or ‘‘Program Offices’’ to any other such office under such headings:
Provided, That no appropriation for any such office under such
headings shall be increased or decreased by more than 10 percent
or $5,000,000, whichever is less, without prior written approval
of the House and Senate Committees on Appropriations: Provided
further, That the Secretary shall provide notification to such
Committees 3 business days in advance of any such transfers under
this section up to 10 percent or $5,000,000, whichever is less.
SEC. 219. (a) Any entity receiving housing assistance payments
shall maintain decent, safe, and sanitary conditions, as determined
by the Secretary, and comply with any standards under applicable
State or local laws, rules, ordinances, or regulations relating to
the physical condition of any property covered under a housing
assistance payment contract.
(b) The Secretary shall take action under subsection (c) when
a multifamily housing project with a contract under section 8 of
the United States Housing Act of 1937 (42 U.S.C. 1437f) or a
contract for similar project-based assistance—
(1) receives a Uniform Physical Condition Standards
(UPCS) score of 60 or less; or

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Determination.

Notification.
Public
information.
Federal Register,
publication.
Notices.
42 USC 3545a
note.
Web posting.
Determination.

Advance
approval.
Notification.
Time period.

Determination.
Compliance.

PUBL260A

134 STAT. 1898
Certification.
Deadline.
Applicability.

Deadline.
Notice.
Records.

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Contracts.
Notification.

Determination.
Consultation.

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(2) fails to certify in writing to the Secretary within 3
days that all Exigent Health and Safety deficiencies identified
by the inspector at the project have been corrected.
Such requirements shall apply to insured and noninsured projects
with assistance attached to the units under section 8 of the United
States Housing Act of 1937 (42 U.S.C. 1437f), but shall not apply
to such units assisted under section 8(o)(13) of such Act (42 U.S.C.
1437f(o)(13)) or to public housing units assisted with capital or
operating funds under section 9 of the United States Housing
Act of 1937 (42 U.S.C. 1437g).
(c)(1) Within 15 days of the issuance of the Real Estate Assessment Center (‘‘REAC’’) inspection, the Secretary shall provide the
owner with a Notice of Default with a specified timetable, determined by the Secretary, for correcting all deficiencies. The Secretary
shall provide a copy of the Notice of Default to the tenants, the
local government, any mortgagees, and any contract administrator.
If the owner’s appeal results in a UPCS score of 60 or above,
the Secretary may withdraw the Notice of Default.
(2) At the end of the time period for correcting all deficiencies
specified in the Notice of Default, if the owner fails to fully correct
such deficiencies, the Secretary may—
(A) require immediate replacement of project management
with a management agent approved by the Secretary;
(B) impose civil money penalties, which shall be used solely
for the purpose of supporting safe and sanitary conditions at
applicable properties, as designated by the Secretary, with priority given to the tenants of the property affected by the penalty;
(C) abate the section 8 contract, including partial abatement, as determined by the Secretary, until all deficiencies
have been corrected;
(D) pursue transfer of the project to an owner, approved
by the Secretary under established procedures, who will be
obligated to promptly make all required repairs and to accept
renewal of the assistance contract if such renewal is offered;
(E) transfer the existing section 8 contract to another
project or projects and owner or owners;
(F) pursue exclusionary sanctions, including suspensions
or debarments from Federal programs;
(G) seek judicial appointment of a receiver to manage the
property and cure all project deficiencies or seek a judicial
order of specific performance requiring the owner to cure all
project deficiencies;
(H) work with the owner, lender, or other related party
to stabilize the property in an attempt to preserve the property
through compliance, transfer of ownership, or an infusion of
capital provided by a third-party that requires time to effectuate; or
(I) take any other regulatory or contractual remedies available as deemed necessary and appropriate by the Secretary.
(d) The Secretary shall take appropriate steps to ensure that
project-based contracts remain in effect, subject to the exercise
of contractual abatement remedies to assist relocation of tenants
for major threats to health and safety after written notice to the
affected tenants. To the extent the Secretary determines, in consultation with the tenants and the local government, that the
property is not feasible for continued rental assistance payments

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134 STAT. 1899

under such section 8 or other programs, based on consideration
of—
(1) the costs of rehabilitating and operating the property
and all available Federal, State, and local resources, including
rent adjustments under section 524 of the Multifamily Assisted
Housing Reform and Affordability Act of 1997 (‘‘MAHRAA’’);
and
(2) environmental conditions that cannot be remedied in
a cost-effective fashion, the Secretary may contract for projectbased rental assistance payments with an owner or owners
of other existing housing properties, or provide other rental
assistance.
(e) The Secretary shall report quarterly on all properties covered by this section that are assessed through the Real Estate
Assessment Center and have UPCS physical inspection scores of
less than 60 or have received an unsatisfactory management and
occupancy review within the past 36 months. The report shall
include—
(1) identification of the enforcement actions being taken
to address such conditions, including imposition of civil money
penalties and termination of subsidies, and identification of
properties that have such conditions multiple times;
(2) identification of actions that the Department of Housing
and Urban Development is taking to protect tenants of such
identified properties; and
(3) any administrative or legislative recommendations to
further improve the living conditions at properties covered
under a housing assistance payment contract.
This report shall be submitted to the Senate and House Committees
on Appropriations not later than 30 days after the enactment of
this Act, and on the first business day of each Federal fiscal year
quarter thereafter while this section remains in effect.
SEC. 220. None of the funds made available by this Act, or
any other Act, for purposes authorized under section 8 (only with
respect to the tenant-based rental assistance program) and section
9 of the United States Housing Act of 1937 (42 U.S.C. 1437 et
seq.), may be used by any public housing agency for any amount
of salary, including bonuses, for the chief executive officer of which,
or any other official or employee of which, that exceeds the annual
rate of basic pay payable for a position at level IV of the Executive
Schedule at any time during any public housing agency fiscal year
2021.
SEC. 221. None of the funds made available by this Act and
provided to the Department of Housing and Urban Development
may be used to make a grant award unless the Secretary notifies
the House and Senate Committees on Appropriations not less than
3 full business days before any project, State, locality, housing
authority, Tribe, nonprofit organization, or other entity selected
to receive a grant award is announced by the Department or its
offices.
SEC. 222. None of the funds made available by this Act may
be used to require or enforce the Physical Needs Assessment (PNA).
SEC. 223. None of the funds made available in this Act shall
be used by the Federal Housing Administration, the Government
National Mortgage Association, or the Department of Housing and
Urban Development to insure, securitize, or establish a Federal
guarantee of any mortgage or mortgage backed security that

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Reports.
Time periods.

Recommendations.

Grant.
Notification.
Deadline.

Mortgages.
Eminent domain.

PUBL260A

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Grants.
Standards.
Determination.

Coordination.

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refinances or otherwise replaces a mortgage that has been subject
to eminent domain condemnation or seizure, by a State, municipality, or any other political subdivision of a State.
SEC. 224. None of the funds made available by this Act may
be used to terminate the status of a unit of general local government
as a metropolitan city (as defined in section 102 of the Housing
and Community Development Act of 1974 (42 U.S.C. 5302)) with
respect to grants under section 106 of such Act (42 U.S.C. 5306).
SEC. 225. Amounts made available by this Act that are appropriated, allocated, advanced on a reimbursable basis, or transferred
to the Office of Policy Development and Research of the Department
of Housing and Urban Development and functions thereof, for
research, evaluation, or statistical purposes, and that are unexpended at the time of completion of a contract, grant, or cooperative
agreement, may be deobligated and shall immediately become available and may be reobligated in that fiscal year or the subsequent
fiscal year for the research, evaluation, or statistical purposes for
which the amounts are made available to that Office subject to
reprogramming requirements in section 405 of this Act.
SEC. 226. None of the funds provided in this Act or any other
Act may be used for awards, including performance, special act,
or spot, for any employee of the Department of Housing and Urban
Development subject to administrative discipline (including suspension from work), in this fiscal year, but this prohibition shall not
be effective prior to the effective date of any such administrative
discipline or after any final decision over-turning such discipline.
SEC. 227. With respect to grant amounts awarded under the
heading ‘‘Homeless Assistance Grants’’ for fiscal years 2015 through
2021 for the Continuum of Care (CoC) program as authorized
under subtitle C of title IV of the McKinney-Vento Homeless Assistance Act, costs paid by program income of grant recipients may
count toward meeting the recipient’s matching requirements, provided the costs are eligible CoC costs that supplement the recipient’s
CoC program.
SEC. 228. (a) From amounts made available under this title
under the heading ‘‘Homeless Assistance Grants’’, the Secretary
may award 1–year transition grants to recipients of funds for activities under subtitle C of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11381 et seq.) to transition from one Continuum
of Care program component to another.
(b) In order to be eligible to receive a transition grant, the
funding recipient must have the consent of the continuum of care
and meet standards determined by the Secretary.
SEC. 229. None of the funds made available by this Act may
be used by the Department of Housing and Urban Development
to direct a grantee to undertake specific changes to existing zoning
laws as part of carrying out the final rule entitled ‘‘Affirmatively
Furthering Fair Housing’’ (80 Fed. Reg. 42272 (July 16, 2015))
or the notice entitled ‘‘Affirmatively Furthering Fair Housing
Assessment Tool’’ (79 Fed. Reg. 57949 (September 26, 2014)).
SEC. 230. The Promise Zone designations and Promise Zone
Designation Agreements entered into pursuant to such designations,
made by the Secretary in prior fiscal years, shall remain in effect
in accordance with the terms and conditions of such agreements.
SEC. 231. None of the funds made available by this Act may
be used to establish and apply review criteria, including rating
factors or preference points, for participation in or coordination

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134 STAT. 1901

with EnVision Centers, in the evaluation, selection, and award
of any funds made available and requiring competitive selection
under this Act, except with respect to any such funds otherwise
authorized for EnVision Center purposes under this Act.
SEC. 232. None of the funds made available by this or any
prior Act may be used to require or enforce any changes to the
terms and conditions of the public housing annual contributions
contract between the Secretary and any public housing agency,
as such contract was in effect as of December 31, 2017, unless
such changes are mutually agreed upon by the Secretary and such
agency: Provided, That such agreement by an agency may be
indicated only by a written amendment to the terms and conditions
containing the duly authorized signature of its chief executive:
Provided further, That the Secretary may not withhold funds to
compel such agreement by an agency which certifies to its compliance with its contract.
SEC. 233. None of the amounts made available in this Act
may be used to consider Family Self-Sufficiency performance measures or performance scores in determining funding awards for programs receiving Family Self-Sufficiency program coordinator
funding provided in this Act.
SEC. 234. Any public housing agency designated as a Moving
to Work agency pursuant to section 239 of division L of Public
Law 114–113 (42 U.S.C. 1437f note; 129 Stat. 2897) may, upon
such designation, use funds (except for special purpose funding,
including special purpose vouchers) previously allocated to any such
public housing agency under section 8 or 9 of the United States
Housing Act of 1937, including any reserve funds held by the
public housing agency or funds held by the Department of Housing
and Urban Development, pursuant to the authority for use of section
8 or 9 funding provided under such section and section 204 of
title II of the Departments of Veterans Affairs and Housing and
Urban Development and Independent Agencies Appropriations Act,
1996 (Public Law 104–134; 110 Stat. 1321–28), notwithstanding
the purposes for which such funds were appropriated.
SEC. 235. None of the amounts made available by this Act
may be used to prohibit any public housing agency under receivership or the direction of a Federal monitor from applying for,
receiving, or using funds made available under the heading ‘‘Public
Housing Fund’’ for competitive grants to evaluate and reduce leadbased paint hazards in this Act or that remain available and not
awarded from prior Acts, or be used to prohibit a public housing
agency from using such funds to carry out any required work
pursuant to a settlement agreement, consent decree, voluntary
agreement, or similar document for a violation of the Lead Safe
Housing or Lead Disclosure Rules.
SEC. 236. There are hereby rescinded, from funds appropriated
under the heading ‘‘Department of Housing and Urban Development—Housing Programs—Rental Housing Assistance’’—
(1) all unobligated balances from recaptured amounts
appropriated prior to fiscal year 2006 from terminated contracts
under section 236(f)(2) of the National Housing Act (12 U.S.C.
1715z–1(f)(2)), and any unobligated balances, including recaptures and carryover, remaining from funds appropriated under
such heading after fiscal year 2005; and
(2) any funds remaining from amounts appropriated under
such heading in the prior fiscal year.

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Contracts.

Certification.

Determination.

Rescissions.

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134 STAT. 1902

Deadline.
Rescission.

PUBLIC LAW 116–260—DEC. 27, 2020

SEC. 237. None of the funds made available by this title may
be used to issue rules or guidance in contravention of section
210 of Public Law 115–254 (132 Stat. 3442) or section 312 of
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5155).
SEC. 238. No later than September 30, 2021, the remaining
unobligated balances of funds made available for the youth
homelessness demonstration under the heading ‘‘Department of
Housing and Urban Development—Community Planning and
Development—Homeless Assistance Grants’’ in the Consolidated
Appropriations Act, 2019 (Public Law 116–6) are hereby permanently rescinded, and an amount of additional new budget authority
equivalent to the amount rescinded is hereby appropriated, to
remain available until September 30, 2022, in addition to other
funds as may be available for such purposes, and shall be available,
without additional competition, for completing the funding of
awards made pursuant to the fiscal year 2019 youth homelessness
demonstration.
This title may be cited as the ‘‘Department of Housing and
Urban Development Appropriations Act, 2021’’.
TITLE III
RELATED AGENCIES
ACCESS BOARD
SALARIES AND EXPENSES

For expenses necessary for the Access Board, as authorized
by section 502 of the Rehabilitation Act of 1973 (29 U.S.C. 792),
$9,200,000: Provided, That, notwithstanding any other provision
of law, there may be credited to this appropriation funds received
for publications and training expenses.
FEDERAL MARITIME COMMISSION
SALARIES AND EXPENSES

For necessary expenses of the Federal Maritime Commission
as authorized by section 201(d) of the Merchant Marine Act, 1936
(46 U.S.C. 307), including services as authorized by section 3109
of title 5, United States Code; hire of passenger motor vehicles
as authorized by section 1343(b) of title 31, United States Code;
and uniforms or allowances therefore, as authorized by sections
5901 and 5902 of title 5, United States Code, $30,300,000: Provided,
That not to exceed $3,500 shall be for official reception and representation expenses.
NATIONAL RAILROAD PASSENGER CORPORATION
OFFICE

OF INSPECTOR

GENERAL

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SALARIES AND EXPENSES

For necessary expenses of the Office of Inspector General for
the National Railroad Passenger Corporation to carry out the provisions of the Inspector General Act of 1978 (5 U.S.C. App. 3),

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1903

$25,274,000: Provided, That the Inspector General shall have all
necessary authority, in carrying out the duties specified in such
Act, to investigate allegations of fraud, including false statements
to the Government under section 1001 of title 18, United States
Code, by any person or entity that is subject to regulation by
the National Railroad Passenger Corporation: Provided further,
That the Inspector General may enter into contracts and other
arrangements for audits, studies, analyses, and other services with
public agencies and with private persons, subject to the applicable
laws and regulations that govern the obtaining of such services
within the National Railroad Passenger Corporation: Provided further, That the Inspector General may select, appoint, and employ
such officers and employees as may be necessary for carrying out
the functions, powers, and duties of the Office of Inspector General,
subject to the applicable laws and regulations that govern such
selections, appointments, and employment within the National Railroad Passenger Corporation: Provided further, That concurrent with
the President’s budget request for fiscal year 2022, the Inspector
General shall submit to the House and Senate Committees on
Appropriations a budget request for fiscal year 2022 in similar
format and substance to budget requests submitted by executive
agencies of the Federal Government.

Fraud.

Contracts.

Budget request.

NATIONAL TRANSPORTATION SAFETY BOARD
SALARIES AND EXPENSES

For necessary expenses of the National Transportation Safety
Board, including hire of passenger motor vehicles and aircraft;
services as authorized by 5 U.S.C. 3109, but at rates for individuals
not to exceed the per diem rate equivalent to the rate for a GS–
15; uniforms, or allowances therefor, as authorized by law (5 U.S.C.
5901–5902), $118,400,000, of which not to exceed $2,000 may be
used for official reception and representation expenses: Provided,
That the amounts made available to the National Transportation
Safety Board in this Act include amounts necessary to make lease
payments on an obligation incurred in fiscal year 2001 for a capital
lease.
NEIGHBORHOOD REINVESTMENT CORPORATION
PAYMENT TO THE NEIGHBORHOOD REINVESTMENT CORPORATION

For payment to the Neighborhood Reinvestment Corporation
for use in neighborhood reinvestment activities, as authorized by
the Neighborhood Reinvestment Corporation Act (42 U.S.C. 8101–
8107), $163,000,000, of which $5,000,000 shall be for a multi-family
rental housing program: Provided, That an additional $2,000,000,
to remain available until September 30, 2024, shall be for the
promotion and development of shared equity housing models.
SURFACE TRANSPORTATION BOARD

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SALARIES AND EXPENSES

For necessary expenses of the Surface Transportation Board,
including services authorized by section 3109 of title 5, United
States Code, $37,500,000: Provided, That, notwithstanding any

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134 STAT. 1904

PUBLIC LAW 116–260—DEC. 27, 2020

other provision of law, not to exceed $1,250,000 from fees established by the Surface Transportation Board shall be credited to
this appropriation as offsetting collections and used for necessary
and authorized expenses under this heading: Provided further, That
the amounts made available under this heading from the general
fund shall be reduced on a dollar-for-dollar basis as such offsetting
collections are received during fiscal year 2021, to result in a
final appropriation from the general fund estimated at not more
than $36,250,000.
UNITED STATES INTERAGENCY COUNCIL

ON

HOMELESSNESS

OPERATING EXPENSES

For necessary expenses, including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference
rooms, and the employment of experts and consultants under section
3109 of title 5, United States Code, of the United States Interagency
Council on Homelessness in carrying out the functions pursuant
to title II of the McKinney-Vento Homeless Assistance Act, as
amended, $3,800,000.
TITLE IV
GENERAL PROVISIONS—THIS ACT

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SEC. 401. None of the funds in this Act shall be used for
the planning or execution of any program to pay the expenses
of, or otherwise compensate, non-Federal parties intervening in
regulatory or adjudicatory proceedings funded in this Act.
SEC. 402. None of the funds appropriated in this Act shall
remain available for obligation beyond the current fiscal year, nor
may any be transferred to other appropriations, unless expressly
so provided herein.
SEC. 403. The expenditure of any appropriation under this
Act for any consulting service through a procurement contract
pursuant to section 3109 of title 5, United States Code, shall be
limited to those contracts where such expenditures are a matter
of public record and available for public inspection, except where
otherwise provided under existing law, or under existing Executive
order issued pursuant to existing law.
SEC. 404. (a) None of the funds made available in this Act
may be obligated or expended for any employee training that—
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of official
duties;
(2) contains elements likely to induce high levels of emotional response or psychological stress in some participants;
(3) does not require prior employee notification of the content and methods to be used in the training and written end
of course evaluation;
(4) contains any methods or content associated with religious or quasi-religious belief systems or ‘‘new age’’ belief systems as defined in Equal Employment Opportunity Commission
Notice N–915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants’
personal values or lifestyle outside the workplace.

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134 STAT. 1905

(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon
the performance of official duties.
SEC. 405. Except as otherwise provided in this Act, none of
the funds provided in this Act, provided by previous appropriations
Acts to the agencies or entities funded in this Act that remain
available for obligation or expenditure in fiscal year 2021, or provided from any accounts in the Treasury derived by the collection
of fees and available to the agencies funded by this Act, shall
be available for obligation or expenditure through a reprogramming
of funds that—
(1) creates a new program;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted
by the Congress;
(4) proposes to use funds directed for a specific activity
by either the House or Senate Committees on Appropriations
for a different purpose;
(5) augments existing programs, projects, or activities in
excess of $5,000,000 or 10 percent, whichever is less;
(6) reduces existing programs, projects, or activities by
$5,000,000 or 10 percent, whichever is less; or
(7) creates, reorganizes, or restructures a branch, division,
office, bureau, board, commission, agency, administration, or
department different from the budget justifications submitted
to the Committees on Appropriations or the table accompanying
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), whichever is
more detailed, unless prior approval is received from the House
and Senate Committees on Appropriations: Provided, That not
later than 60 days after the date of enactment of this Act,
each agency funded by this Act shall submit a report to the
Committees on Appropriations of the Senate and of the House
of Representatives to establish the baseline for application of
reprogramming and transfer authorities for the current fiscal
year: Provided further, That the report shall include—
(A) a table for each appropriation with a separate
column to display the prior year enacted level, the President’s budget request, adjustments made by Congress,
adjustments due to enacted rescissions, if appropriate, and
the fiscal year enacted level;
(B) a delineation in the table for each appropriation
and its respective prior year enacted level by object class
and program, project, and activity as detailed in this Act,
the table accompanying the explanatory statement
described in section 4 (in the matter preceding division
A of this consolidated Act), accompanying reports of the
House and Senate Committee on Appropriations, or in the
budget appendix for the respective appropriations, whichever is more detailed, and shall apply to all items for
which a dollar amount is specified and to all programs
for which new budget (obligational) authority is provided,
as well as to discretionary grants and discretionary grant
allocations; and
(C) an identification of items of special congressional
interest.

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Reports.

Applicability.

PUBL260A

134 STAT. 1906

Advance
approval.
Expenditure
requests.
Eminent domain.

Deadline.
Time period.
Certification.

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Compliance.

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PUBLIC LAW 116–260—DEC. 27, 2020

SEC. 406. Except as otherwise specifically provided by law,
not to exceed 50 percent of unobligated balances remaining available
at the end of fiscal year 2021 from appropriations made available
for salaries and expenses for fiscal year 2021 in this Act, shall
remain available through September 30, 2022, for each such account
for the purposes authorized: Provided, That a request shall be
submitted to the House and Senate Committees on Appropriations
for approval prior to the expenditure of such funds: Provided further,
That these requests shall be made in compliance with reprogramming guidelines under section 405 of this Act.
SEC. 407. No funds in this Act may be used to support any
Federal, State, or local projects that seek to use the power of
eminent domain, unless eminent domain is employed only for a
public use: Provided, That for purposes of this section, public use
shall not be construed to include economic development that primarily benefits private entities: Provided further, That any use
of funds for mass transit, railroad, airport, seaport or highway
projects, as well as utility projects which benefit or serve the general
public (including energy-related, communication-related, waterrelated and wastewater-related infrastructure), other structures
designated for use by the general public or which have other
common-carrier or public-utility functions that serve the general
public and are subject to regulation and oversight by the government, and projects for the removal of an immediate threat to
public health and safety or brownfields as defined in the Small
Business Liability Relief and Brownfields Revitalization Act (Public
Law 107–118) shall be considered a public use for purposes of
eminent domain.
SEC. 408. 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 Act or any other appropriations Act.
SEC. 409. No part of any appropriation contained in this Act
shall be available to pay the salary for any person filling a position,
other than a temporary position, formerly held by an employee
who has left to enter the Armed Forces of the United States and
has satisfactorily completed his or her period of active military
or naval service, and has within 90 days after his or her release
from such service or from hospitalization continuing after discharge
for a period of not more than 1 year, made application for restoration
to his or her former position and has been certified by the Office
of Personnel Management as still qualified to perform the duties
of his or her former position and has not been restored thereto.
SEC. 410. No funds appropriated pursuant to this Act may
be expended by an entity unless the entity agrees that in expending
the assistance the entity will comply with sections 2 through 4
of the Act of March 3, 1933 (41 U.S.C. 8301–8305, popularly known
as the ‘‘Buy American Act’’).
SEC. 411. No funds appropriated or otherwise made available
under this Act shall be made available to any person or entity
that has been convicted of violating the Buy American Act (41
U.S.C. 8301–8305).
SEC. 412. None of the funds made available in this Act may
be used for first-class airline accommodations in contravention of
sections 301–10.122 and 301–10.123 of title 41, Code of Federal
Regulations.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1907

SEC. 413. (a) None of the funds made available by this Act
may be used to approve a new foreign air carrier permit under
sections 41301 through 41305 of title 49, United States Code, or
exemption application under section 40109 of that title of an air
carrier already holding an air operators certificate issued by a
country that is party to the U.S.-E.U.-Iceland-Norway Air Transport
Agreement where such approval would contravene United States
law or Article 17 bis of the U.S.-E.U.-Iceland-Norway Air Transport
Agreement.
(b) Nothing in this section shall prohibit, restrict or otherwise
preclude the Secretary of Transportation from granting a foreign
air carrier permit or an exemption to such an air carrier where
such authorization is consistent with the U.S.-E.U.-Iceland-Norway
Air Transport Agreement and United States law.
SEC. 414. None of the funds made available in this Act may
be used to send or otherwise pay for the attendance of more than
50 employees of a single agency or department of the United States
Government, who are stationed in the United States, at any single
international conference unless the relevant Secretary reports to
the House and Senate Committees on Appropriations at least 5
days in advance that such attendance is important to the national
interest: Provided, That for purposes of this section the term ‘‘international conference’’ shall mean a conference occurring outside of
the United States attended by representatives of the United States
Government and of foreign governments, international organizations, or nongovernmental organizations.
SEC. 415. None of the funds appropriated or otherwise made
available under this Act may be used by the Surface Transportation
Board to charge or collect any filing fee for rate or practice complaints filed with the Board in an amount in excess of the amount
authorized for district court civil suit filing fees under section
1914 of title 28, United States Code.
SEC. 416. (a) 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.
(b) 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.
SEC. 417. (a) None of the funds made available in 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 over which that Inspector
General has responsibilities under the Inspector General Act of
1978 (5 U.S.C. App.), or to prevent or impede that Inspector General’s access to such records, documents, or other materials, under
any provision of law, except a provision of law that expressly
refers to the Inspector General and expressly limits the Inspector
General’s right of access.
(b) A department or agency covered by this section shall provide
its Inspector General with access to all such records, documents,
and other materials in a timely manner.
(c) Each Inspector General shall ensure compliance with statutory limitations on disclosure relevant to the information provided
by the establishment over which that Inspector General has responsibilities under the Inspector General Act of 1978 (5 U.S.C. App.).

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Reports.
Time period.

Definition.

Pornography.

Records.

PUBL260A

134 STAT. 1908
Reports.

Contracts.
Determination.

Renewals.
Time period.

Renewals.

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Notice.
List.

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PUBLIC LAW 116–260—DEC. 27, 2020

(d) Each Inspector General covered by this section shall report
to the Committees on Appropriations of the House of Representatives and the Senate within 5 calendar days any failures to comply
with this requirement.
SEC. 418. None of the funds appropriated or otherwise made
available by this Act may be used to pay award or incentive fees
for contractors whose performance has been judged to be below
satisfactory, behind schedule, over budget, or has failed to meet
the basic requirements of a contract, unless the Agency determines
that any such deviations are due to unforeseeable events, government-driven scope changes, or are not significant within the overall
scope of the project and/or program unless such awards or incentive
fees are consistent with 16.401(e)(2) of the Federal Acquisition
Regulations.
SEC. 419. In allocating and awarding available amounts provided under the heading ‘‘Homeless Assistance Grants’’ in the
Department of Housing and Urban Development Appropriations
Act, 2020 (Public Law 116–94), the same heading for fiscal year
2019 (Public Law 116–6), and section 231 of Public Law 116–
94 for the Continuum of Care program, the Secretary of Housing
and Urban Development shall renew for one 12-month period, without additional competition, all projects with existing grants expiring
during calendar year 2021, including youth homeless demonstration
projects and shelter plus care projects expiring during calendar
year 2021, notwithstanding any inconsistent provisions in such
Acts or in subtitle C of title IV of the McKinney-Vento Homeless
Assistance Act, as amended: Provided, That Continuum of Care
planning and Unified Funding Agency awards expiring in calendar
year 2021 may also be renewed and that the Continuum of Care
may designate a new collaborative applicant to receive the award
in accordance with the existing process established by the Secretary:
Provided further, That the Secretary shall publish a Notice that
identifies and lists all projects and awards eligible for such noncompetitive renewal, prescribes the format and process by which
the projects and awards from the list will be renewed, makes
adjustments to the renewal amount based on changes to the Fair
Market Rent, and establishes a maximum amount for the renewal
of planning and Unified Funding Agency awards notwithstanding
the requirement that such maximum amount be established in
a Notice of Funding Availability.
SEC. 420. Of the amounts made available by this Act for fiscal
year 2021 under the heading ‘‘Department of Housing and Urban
Development—Public and Indian Housing—Tenant-Based Rental
Assistance’’ and specified in the first paragraph of such heading,
$695,000,000 is designated 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.
SEC. 421. In addition to funds provided to the ‘‘Payments to
Air Carriers’’ program in Public Law 116–94, Public Law 116–
136, and this Act to carry out the essential air service program
under section 41731 through 41742 of title 49, United States Code,
$23,332,000 to be derived from the Treasury, and to be made
available to the Essential Air Service and Rural Improvement Fund,
to prevent, prepare for, and respond to coronavirus, including to
offset the loss resulting from the coronavirus pandemic of the
mandatory overflight fees collected pursuant to section 45301 of

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1909

title 49, United States Code: Provided, That, notwithstanding section 41733 of title 49, United States Code, for each of fiscal years
2020 and 2021, the requirements established under subparagraphs
(B) and (C) of section 41731(a)(1) of title 49, United States Code,
and the subsidy cap established by section 332 of the Department
of Transportation and Related Agencies Appropriations Act, 2000,
shall not apply to maintain eligibility under section 417831 of
title 49, United States Code: Provided further, That such amount
is designated 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.
SEC. 422. Section 47114(c)(1) of title 49, United States Code,
is amended by adding at the end the following:
‘‘(J) SPECIAL RULE FOR FISCAL YEARS 2022 AND 2023.—
Notwithstanding subparagraph (A) and the absence of
scheduled passenger aircraft service at an airport, the Secretary shall apportion in fiscal years 2022 and 2023 to
the sponsor of the airport an amount based on the number
of passenger boardings at the airport during whichever
of the following years that would result in the highest
apportioned amount:
‘‘(i) Calendar year 2018.
‘‘(ii) Calendar year 2019.
‘‘(iii) The prior full calendar year prior to the current fiscal year.’’.
SEC. 423. Notwithstanding section 47124(d)(1)(B) of title 49,
United States Code, the Secretary of Transportation shall not calculate a benefit-to-cost ratio with respect to an air traffic control
tower participating in the Contract Tower Program on the basis
of an annual aircraft traffic decrease in fiscal years 2020 and
2021.
This division may be cited as the ‘‘Transportation, Housing
and Urban Development, and Related Agencies Appropriations Act,
2021’’.
DIVISION M—CORONAVIRUS RESPONSE AND RELIEF
SUPPLEMENTAL APPROPRIATIONS ACT, 2021
TITLE I
DEPARTMENT OF COMMERCE

Apportionment.
Time periods.

Coronavirus
Response and
Relief
Supplemental
Appropriations
Act, 2021.

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

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FISHERIES DISASTER ASSISTANCE

For an additional amount for ‘‘Fisheries Disaster Assistance’’,
$300,000,000 to remain available until September 30, 2021, to
prevent, prepare for, and respond to coronavirus, domestically or
internationally, which shall only be for activities authorized under
section 12005 of the Coronavirus Aid, Relief, and Economic Security
Act (Public Law 116–136): Provided, That the amount provided
under this heading in this Act shall only be allocated to States
of the United States bordering the Atlantic, Pacific, or Arctic Ocean,
the Gulf of Mexico, or the Great Lakes, as well as Puerto Rico,
the United States Virgin Islands, Guam, the Commonwealth of
the Northern Mariana Islands, American Samoa, and federally recognized Tribes in any of the Nation’s coastal States and territories,

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134 STAT. 1910

Consultation.
Disbursement.

PUBLIC LAW 116–260—DEC. 27, 2020

and federally recognized Tribes in any of the Nation’s Great Lakes
States with fisheries on the Tribe’s reservation or ceded or usual
and accustomed territory: Provided further, That each State and
territory in the preceding proviso, except those States only bordering
the Great Lakes, shall receive an amount equal to not less than
1 percent of the amount provided under this heading in this Act
and not greater than, from amounts provided under either section
12005 of Public Law 116–136 or amounts provided under this
heading in this Act, that State or territory’s total annual average
revenue from commercial fishing operations, aquaculture firms, the
seafood supply chain, and charter fishing businesses: Provided further, That of the funds provided under this heading in this Act,
$30,000,000 shall be for coronavirus related fishing impacts for
Tribal fishery participants referenced in the first proviso: Provided
further, That the National Oceanic and Atmospheric Administration, in consultation with Tribes referenced in the first proviso,
shall develop an application and distribution process to disburse
funds to all eligible impacted Tribes in a manner that takes into
account economic, subsistence, and ceremonial impacts to Tribes
and that ensures timely distribution of funds: Provided further,
That of the funds provided under this heading in this Act,
$15,000,000 shall be for all coronavirus related fishing impacts
to non-tribal commercial, aquaculture, processor, and charter
fishery participants in States of the United States bordering the
Great Lakes: Provided further, That such amount is designated
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.
TITLE II
DEPARTMENT OF HOMELAND SECURITY
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
FEDERAL EMERGENCY MANAGEMENT AGENCY
DISASTER RELIEF FUND

For an additional amount for ‘‘Federal Emergency Management
Agency—Disaster Relief Fund’’, $2,000,000,000, to remain available
until expended, to carry out the purposes of section 201 of this
title: Provided, That such amount is designated 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.
GENERAL PROVISIONS

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President
Funeral
expenses.
Time period.

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SEC. 201. (a) For the emergency declaration issued by the
President on March 13, 2020, pursuant to section 501(b) of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5191(b)), and for any subsequent major disaster declaration under section 401 of such Act (42 U.S.C. 5170) that supersedes
such emergency declaration, the President shall provide financial
assistance to an individual or household to meet disaster-related
funeral expenses under section 408(e)(1) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1911

5174(e)(1)), for such expenses incurred through December 31, 2020,
for which the Federal cost share shall be 100 percent.
(b) Nothing in this section shall be construed to otherwise
limit the authorities of the President under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.).
TITLE III
DEPARTMENT OF HEALTH AND HUMAN SERVICES
FOOD

AND

DRUG ADMINISTRATION

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’,
$55,000,000, to remain available until expended, to prevent, prepare
for, and respond to coronavirus, domestically or internationally,
of which $9,000,000 shall be for the development of necessary
medical countermeasures and vaccines, $30,500,000 shall be for
advanced manufacturing for medical products, $1,500,000 shall be
for the monitoring of medical product supply chains, $7,600,000
shall be for other public health research and response investments,
$1,400,000 shall be for data management operation tools, and
$5,000,000 shall be for after action review activities: Provided,
That such amount is designated 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.
CENTERS

FOR

DISEASE CONTROL

AND

PREVENTION

CDC–WIDE ACTIVITIES AND PROGRAM SUPPORT

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(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘CDC–Wide Activities and Program Support’’, $8,750,000,000, to remain available until September
30, 2024, to prevent, prepare for, and respond to coronavirus, domestically or internationally: Provided, That amounts appropriated
under this heading in this Act shall be for activities to plan, prepare
for, promote, distribute, administer, monitor, and track coronavirus
vaccines to ensure broad-based distribution, access, and vaccine
coverage: Provided further, That of the amount appropriated under
this heading in this Act, not less than $4,500,000,000 shall be
for States, localities, territories, tribes, tribal organizations, urban
Indian health organizations, or health service providers to tribes:
Provided further, That of the amount in the preceding proviso,
$210,000,000, shall be transferred to the ‘‘Department of Health
and Human Services—Indian Health Service—Indian Health Services’’ to be allocated at the discretion of the Director of the Indian
Health Service and distributed through Indian Health Service
directly operated programs and to tribes and tribal organizations
under the Indian Self-Determination and Education Assistance Act
and through contracts or grants with urban Indian organizations
under title V of the Indian Health Care Improvement Act: Provided
further, That the amount transferred to tribes and tribal organizations under the Indian Self-Determination and Education Assistance Act in the preceding proviso shall be transferred on a one-

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Vaccines.

PUBL260A

134 STAT. 1912

Allocation.

Deadline.

Vaccine strategy.
Spend plan.
Deadline.

Updates.
Deadline.
Time period.

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Grants.

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PUBLIC LAW 116–260—DEC. 27, 2020

time, non-recurring basis, is not part of the amount required by
25 U.S.C. 5325, and may only be used for the purposes identified
under this heading in this Act, notwithstanding any other provision
of law: Provided further, That the amounts identified in the second
proviso under this heading in this Act, except for the amounts
transferred pursuant to the third proviso under this heading in
this Act, shall be allocated to States, localities, and territories
according to the formula that applied to the Public Health Emergency Preparedness cooperative agreement in fiscal year 2020: Provided further, That of the amounts identified in the second proviso
under this heading in this Act, except for the amounts transferred
pursuant to the third proviso under this heading in this Act, not
less than $1,000,000,000 shall be made available within 21 days
of the date of enactment of this Act: Provided further, That of
the amounts identified in the second proviso under this heading
in this Act, except for the amounts transferred pursuant to the
third proviso under this heading in this Act, not less than
$300,000,000 shall be for high-risk and underserved populations,
including racial and ethnic minority populations and rural communities: Provided further, That the Director of the Centers for Disease
Control and Prevention (‘‘CDC’’) may satisfy the funding thresholds
outlined in the second, fifth, sixth, and seventh provisos by making
awards through other grant or cooperative agreement mechanisms:
Provided further, That amounts appropriated under this heading
in this Act may be used to restore, either directly or through
reimbursement, obligations incurred for coronavirus vaccine promotion, preparedness, tracking, and distribution prior to the enactment of this Act: Provided further, That the Director of the CDC
shall provide an updated and comprehensive coronavirus vaccine
distribution strategy and a spend plan, to include funds already
allocated for distribution, to the Committees on Appropriations
of the House of Representatives and the Senate and the Committee
on Energy and Commerce of the House of Representatives and
Committee on Health, Education, Labor, and Pensions of the Senate
within 30 days of enactment of this Act: Provided further, That
such strategy and plan shall include how existing infrastructure
will be leveraged, enhancements or new infrastructure that may
be built, considerations for moving and storing vaccines, guidance
for how States, localities, territories, tribes, tribal organizations,
urban Indian health organizations, or health service providers to
tribes, and health care providers should prepare for, store, and
administer vaccines, nationwide vaccination targets, funding that
will be distributed to States, localities, and territories, how an
informational campaign to inform both the public and health care
providers will be executed, and how the strategy and plan will
focus efforts on high-risk and underserved populations, including
racial and ethnic minority populations: Provided further, That such
strategy and plan shall be updated and provided to the Committees
on Appropriations of the House of Representatives and the Senate
and the Committee on Energy and Commerce of the House of
Representatives and Committee on Health, Education, Labor, and
Pensions of the Senate every 90 days through the end of the
fiscal year: Provided further, That amounts appropriated under
this heading in this Act may be used for grants for the construction,
alteration, or renovation of non-Federally owned facilities to improve
preparedness and response capability at the State and local level:
Provided further, That such amount is designated by the Congress

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1913

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.
NATIONAL INSTITUTES
OFFICE

OF THE

OF

HEALTH

DIRECTOR

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Office of the Director’’,
$1,250,000,000, to remain available until September 30, 2024, to
prevent, prepare for, and respond to coronavirus, domestically or
internationally: Provided, That of the amount appropriated under
this heading in this Act, $1,150,000,000 shall be provided for
research and clinical trials related to long-term studies of COVID–
19: Provided further, That of the amount appropriated under this
heading in this Act, no less than $100,000,000 shall be for the
Rapid Acceleration of Diagnostics: Provided further, That funds
appropriated under this heading in this Act may be transferred
to the accounts of Institutes and Centers of the National Institutes
of Health (NIH): Provided further, That this transfer authority
is in addition to any other transfer authority available to the
NIH: Provided further, That such amount is designated 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.
SUBSTANCE ABUSE

AND

MENTAL HEALTH SERVICES ADMINISTRATION

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HEALTH SURVEILLANCE

AND

PROGRAM SUPPORT

For an additional amount for ‘‘Heath Surveillance and Program
Support’’, $4,250,000,000, to prevent, prepare for, and respond to
coronavirus, domestically or internationally: Provided, That of the
amount appropriated under this heading in this Act, $1,650,000,000
shall be for grants for the substance abuse prevention and treatment
block grant program under subpart II of part B of title XIX of
the Public Health Service Act (‘‘PHS Act’’): Provided further, That
of the amount appropriated under this heading in this Act,
$1,650,000,000 shall be for grants for the community mental health
services block grant program under subpart I of part B of title
XIX of the PHS Act: Provided further, That of the amount appropriated in the preceding proviso, the Assistant Secretary is directed
to provide no less than 50 percent of funds directly to facilities
defined in section 1913(c) of the PHS Act: Provided further, That
of the amount appropriated under this heading in this Act, not
less than $600,000,000 is available for the Certified Community
Behavioral Health Clinic Expansion Grant program: Provided further, That of the amount appropriated under this heading in this
Act, not less than $50,000,000 shall be available for suicide prevention programs: Provided further, That of the amount appropriated
under this heading in this Act, $50,000,000 shall be for activities
and services under Project AWARE: Provided further, That of the
amount appropriated under this heading in this Act, not less than
$240,000,000 is available for activities authorized under section
501(o) of the PHS Act: Provided further, That the Assistant Secretary may prioritize amounts appropriated in the preceding proviso

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Priority.

PUBL260A

134 STAT. 1914

Waiver authority.

PUBLIC LAW 116–260—DEC. 27, 2020

to eligible states that did not receive amounts made available
for such purpose under the Coronavirus Aid, Relief, and Economic
Security Act (Public Law 116–136): Provided further, That of the
amount appropriated under this heading in this Act, $10,000,000
shall be for the National Child Traumatic Stress Network: Provided
further, That from within the amount appropriated under this
heading in this Act in the previous provisos, a total of not less
than $125,000,000 shall be allocated to tribes, tribal organizations,
urban Indian health organizations, or health or behavioral health
service providers to tribes: Provided further, That with respect
to the amount appropriated under this heading in this Act the
Substance Abuse and Mental Health Services Administration shall
maintain the 20 percent set-aside for prevention, but may waive
requirements with respect to allowable activities, timelines, or
reporting requirements for the Substance Abuse Prevention and
Treatment Block Grant and the Community Mental Health Services
Block Grant as deemed necessary to facilitate a grantee’s response
to coronavirus: Provided further, That such amount is designated
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.
ADMINISTRATION

FOR

CHILDREN

AND

FAMILIES

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PAYMENTS TO STATES FOR THE CHILD CARE AND DEVELOPMENT
BLOCK GRANT

For an additional amount for ‘‘Payments to States for the
Child Care and Development Block Grant’’, $10,000,000,000 to prevent, prepare for, and respond to coronavirus, domestically or internationally which shall be used to supplement, not supplant State,
Territory, and Tribal general revenue funds for child care assistance
for low-income families within the United States (including territories) without regard to requirements in sections 658E(c)(3)(D)–
(E), or 658G of the Child Care and Development Block Grant
Act (‘‘CCDBG Act’’): Provided, That funds appropriated under this
heading in this Act may be used for costs of providing relief from
copayments and tuition payments for families and for paying that
portion of the child care provider’s cost ordinarily paid through
family copayments to provide continued payments and assistance
to child care providers in the case of decreased enrollment or
closures related to coronavirus, and to assure they are able to
remain open or reopen as appropriate and applicable, including
for fixed costs and increased operating expenses: Provided further,
That States, Territories, and Tribes are encouraged to place conditions on payments to child care providers that ensure that child
care providers use a portion of funds received to continue to pay
the salaries and wages of staff: Provided further, That lead agencies
may use funds provided under this heading in this Act to support
the stability of the child care sector to help providers afford
increased operating expenses during the COVID–19 public health
emergency, and shall publicize widely the availability of, and provide technical assistance to help providers apply for, funding available for such purposes, including among center-based child care
providers, family child care providers, and group home child care
providers: Provided further, That lead agencies are encouraged to
implement enrollment and eligibility policies that support the fixed

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1915

costs of providing child care services by delinking provider
reimbursement rates from an eligible child’s absence and a provider’s closure due to the COVID–19 public health emergency: Provided further, That the Secretary shall remind States that Child
Care and Development Block Grant (‘‘CCDBG’’) State plans do
not need to be amended prior to utilizing existing authorities in
the CCDBG Act for the purposes provided herein: Provided further,
That States, Territories, and Tribes are authorized to use funds
appropriated under this heading in this Act to provide child care
assistance to health care sector employees, emergency responders,
sanitation workers, farmworkers, and other workers deemed essential during the response to coronavirus by public officials, without
regard to the income eligibility requirements of section 658P(4)
of such Act: Provided further, That States, Territories, and Tribes
shall use a portion of funds appropriated under this heading in
this Act to provide assistance to eligible child care providers under
section 658P(6) of the CCDBG Act that were not receiving CCDBG
assistance prior to the public health emergency as a result of
the coronavirus and any renewal of such declaration pursuant to
such section 319, for the purposes of cleaning and sanitation, and
other activities necessary to maintain or resume the operation
of programs, including for fixed costs and increased operating
expenses: Provided further, That funds provided under this heading
in this Act may be used to provide technical assistance to child
care providers to help providers implement practices and policies
in line with guidance from State and local health departments
and the Centers for Disease Control and Prevention regarding
the safe provision of child care services while there is community
transmission of COVID–19: Provided further, That funds appropriated under this heading in this Act may be made available
to restore amounts, either directly or through reimbursement, for
obligations incurred to prevent, prepare for, and respond to
coronavirus, domestically or internationally, prior to the date of
enactment of this Act: Provided further, That the Secretary may
reserve not more than $15,000,000 for Federal administrative
expenses, which shall remain available through September 30, 2024:
Provided further, That no later than 60 days after the date of
enactment of this Act, each State, Territory, and Tribe that receives
funding under this heading in this Act shall submit to the Secretary
a report, in such manner as the Secretary may require, describing
how the funds appropriated under this heading in this Act will
be spent and that no later than 90 days after the date of enactment
of this Act, the Secretary shall submit to the Committees on Appropriations of the House of Representatives and the Senate, the
Committee on Education and Labor of the House of Representatives,
and the Committee on Health, Education, Labor, and Pensions
of the Senate a report summarizing such reports from the States,
Territories, and Tribes: Provided further, That, no later than
October 31, 2022, each State, Territory, and Tribe that receives
funding under this heading in this Act shall submit to the Secretary
a report, in such manner as the Secretary may require, describing
how the funds appropriated under this heading in this Act were
spent and that no later than 60 days after receiving such reports
from the States, Territories, and Tribes, the Secretary shall submit
to the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Education and Labor of

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Reimbursement.

Reports.

Reports.

PUBL260A

134 STAT. 1916

PUBLIC LAW 116–260—DEC. 27, 2020

the House of Representatives, and the Committee on Health, Education, Labor, and Pensions of the Senate a report summarizing
such reports from the States, Territories, and Tribes: Provided
further, That such amount is designated 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.
CHILDREN AND FAMILIES SERVICES PROGRAM

For an additional amount for ‘‘Children and Families Services
Programs’’, $250,000,000, to prevent, prepare for, and respond to
coronavirus, for making payments under the Head Start Act,
including for Federal administrative expenses, and allocated in
an amount that bears the same ratio to such portion as the number
of enrolled children served by the agency involved bears to the
number of enrolled children by all Head Start agencies: Provided,
That none of the funds made available under this heading in
the Act shall be included in the calculation of the ‘‘base grant’’
in subsequent fiscal years, as such term is defined in sections
640(a)(7)(A), 641A(h)(1)(B), or 645(d)(3) of the Head Start Act: Provided further, That funds made available under this heading in
this Act are not subject to the allocation requirements of section
640(a) of the Head Start Act: Provided further, That such funds
may be available to restore amounts, either directly or through
reimbursement, for obligations incurred to prevent, prepare for,
and respond to coronavirus, prior to the date of enactment of
this Act: Provided further, That such amount is designated 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.
ADMINISTRATION

FOR

COMMUNITY LIVING

AGING AND DISABILITY SERVICES PROGRAMS

For an additional amount for ‘‘Aging and Disability Services
Programs’’, $100,000,000, to prevent, prepare for, and respond to
coronavirus, domestically or internationally, which shall be for
activities authorized under Subtitle B of Title XX of the Social
Security Act, of which not less than $50,000,000 shall be for
implementation of Section 2042(b) of the Social Security Act: Provided, That such amount is designated 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.
OFFICE
PUBLIC HEALTH

AND

OF THE

SECRETARY

SOCIAL SERVICES EMERGENCY FUND

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(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Public Health and Social Services
Emergency Fund’’, $22,945,000,000, to remain available until September 30, 2024, to prevent, prepare for, and respond to coronavirus,
domestically or internationally, including the development of necessary countermeasures and vaccines, prioritizing platform-based

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1917

technologies with U.S.-based manufacturing capabilities, the purchase of vaccines, therapeutics, diagnostics, necessary medical supplies, as well as medical surge capacity, and other preparedness
and response activities: Provided, That funds appropriated under
this paragraph in this Act may be used to develop and demonstrate
innovations and enhancements to manufacturing platforms to support such capabilities: Provided further, That the Secretary of
Health and Human Services (referred to under this heading as
‘‘Secretary’’) shall purchase vaccines developed using funds made
available under this paragraph in this Act to respond to an outbreak
or pandemic related to coronavirus in quantities determined by
the Secretary to be adequate to address the public health need:
Provided further, That the Secretary may take into account geographical areas with a high percentage of cross-jurisdictional
workers when determining allocations of vaccine doses: Provided
further, That products purchased by the Federal government with
funds made available under this paragraph in this Act, including
vaccines, therapeutics, and diagnostics, shall be purchased in
accordance with Federal Acquisition Regulation guidance on fair
and reasonable pricing: Provided further, That the Secretary may
take such measures authorized under current law to ensure that
vaccines, therapeutics, and diagnostics developed from funds provided in this Act will be affordable in the commercial market:
Provided further, That in carrying out the preceding proviso, the
Secretary shall not take actions that delay the development of
such products: Provided further, That products purchased with
funds appropriated under this paragraph in this Act may, at the
discretion of the Secretary of Health and Human Services, be deposited in the Strategic National Stockpile under section 319F–2 of
the Public Health Service Act: Provided further, That of the amount
appropriated under this paragraph in this Act, not more than
$3,250,000,000 shall be for the Strategic National Stockpile under
section 319F–2(a) of such Act: Provided further, That funds appropriated under this paragraph in this Act may be transferred to,
and merged with, the fund authorized by section 319F–4, the Covered Countermeasure Process Fund, of the Public Health Service
Act: Provided further, That of the amount appropriated under this
paragraph in this Act, $19,695,000,000 shall be available to the
Biomedical Advanced Research and Development Authority for necessary expenses of manufacturing, production, and purchase, at
the discretion of the Secretary, of vaccines, therapeutics, and
ancillary supplies necessary for the administration of such vaccines
and therapeutics: Provided further, That funds in the preceding
proviso may be used for the construction or renovation of U.S.based next generation manufacturing facilities, other than facilities
owned by the United States Government: Provided further, That
the Secretary shall notify the Committees on Appropriations of
the House of Representatives and the Senate 2 days in advance
of any obligation in excess of $50,000,000, including but not limited
to contracts and interagency agreements, from funds provided in
this paragraph in this Act: Provided further, That amounts appropriated under this paragraph in this Act may be used to restore,
either directly or through reimbursement, obligations incurred for
coronavirus vaccines and therapeutics planning, development,
preparation, and purchase prior to the enactment of this Act: Provided further, That funds appropriated under this paragraph in
this Act may be used for the construction, alteration, or renovation

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Vaccines.
Determination.

Notification.
Deadline.

Reimbursement.

Determination.

PUBL260A

134 STAT. 1918

Reports.

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Deadline.

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PUBLIC LAW 116–260—DEC. 27, 2020

of non-federally owned facilities for the production of vaccines,
therapeutics, diagnostics, and ancillary medical supplies where the
Secretary determines that such a contract is necessary to secure
sufficient amounts of such supplies: Provided further, That not
later than 30 days after enactment of this Act, and every 30 days
thereafter until funds are expended, the Secretary shall report
to the Committees on Appropriations of the House of Representatives and the Senate on uses of funding for Operation Warp Speed,
detailing current obligations by Department or Agency, or component thereof broken out by the coronavirus supplemental appropriations Act that provided the source of funds: Provided further, That
the plan outlined in the preceding proviso shall include funding
by contract, grant, or other transaction in excess of $20,000,000
with a notation of which Department or Agency, and component
thereof is managing the contract: Provided further, That such
amount is designated 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.
For an additional amount for ‘‘Public Health and Social Services
Emergency Fund’’, $22,400,000,000, to remain available until September 30, 2022, to prevent, prepare for, and respond to coronavirus,
domestically or internationally, which shall be for necessary
expenses for testing, contact tracing, surveillance, containment, and
mitigation to monitor and suppress COVID–19, including tests for
both active infection and prior exposure, including molecular,
antigen, and serological tests, the manufacturing, procurement and
distribution of tests, testing equipment and testing supplies,
including personal protective equipment needed for administering
tests, the development and validation of rapid, molecular pointof-care tests, and other tests, support for workforce, epidemiology,
to scale up academic, commercial, public health, and hospital laboratories, to conduct surveillance and contact tracing, support development of COVID–19 testing plans, and other related activities related
to COVID–19 testing and mitigation: Provided, That amounts
appropriated under this paragraph in this Act shall be for States,
localities, territories, tribes, tribal organizations, urban Indian
health organizations, or health service providers to tribes for necessary expenses for testing, contact tracing, surveillance, containment, and mitigation, including support for workforce, epidemiology,
use by employers, elementary and secondary schools, child care
facilities, institutions of higher education, long-term care facilities,
or in other settings, scale up of testing by public health, academic,
commercial, and hospital laboratories, and community-based testing
sites, mobile testing units, health care facilities, and other entities
engaged in COVID–19 testing, and other related activities related
to COVID–19 testing, contact tracing, surveillance, containment,
and mitigation which may include interstate compacts or other
mutual aid agreements for such purposes: Provided further, That
amounts appropriated under this paragraph in this Act shall be
made available within 21 days of the date of enactment of this
Act: Provided further, That of the amount appropriated under this
paragraph in this Act, $790,000,000, shall be transferred to the
‘‘Department of Health and Human Services—Indian Health
Service—Indian Health Services’’ to be allocated at the discretion
of the Director of the Indian Health Service and distributed through
Indian Health Service directly operated programs and to tribes
and tribal organizations under the Indian Self-Determination and

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1919

Education Assistance Act and through contracts or grants with
urban Indian organizations under title V of the Indian Health
Care Improvement Act: Provided further, That the amount transferred to tribes and tribal organizations under the Indian SelfDetermination and Education Assistance Act in the preceding proviso shall be transferred on a one-time, non-recurring basis, is
not part of the amount required by 25 U.S.C. 5325, and may
only be used for the purposes identified under this paragraph
in this Act, notwithstanding any other provision of law: Provided
further, That amounts appropriated under this paragraph in this
Act, except for the amounts transferred pursuant to the third proviso under this paragraph in this Act, shall be allocated to States,
localities, and territories according to the formula that applied
to the Public Health Emergency Preparedness cooperative agreement in fiscal year 2020: Provided further, That of the amount
appropriated under this paragraph in this Act, except for the
amounts transferred pursuant to the third proviso under this paragraph in this Act, not less than $2,500,000,000, shall be for strategies for improving testing capabilities and other purposes described
in this paragraph in high-risk and underserved populations,
including racial and ethnic minority populations and rural communities, as well as developing or identifying best practices for States
and public health officials to use for contact tracing in high-risk
and underserved populations, including racial and ethnic minority
populations and rural communities and shall not be allocated pursuant to the formula in the preceding proviso: Provided further, That
the second proviso under this paragraph in this Act, shall not
apply to amounts in the preceding proviso: Provided further, That
the Secretary of Health and Human Services (referred to in this
paragraph as the ‘‘Secretary’’) may satisfy the funding thresholds
outlined under this paragraph in this Act for funding other than
amounts transferred pursuant to the third proviso under this paragraph in this Act by making awards through other grant or cooperative agreement mechanisms: Provided further, That the Governor
or designee of each State, locality, territory, tribe, or tribal organization receiving funds pursuant to this paragraph in this Act shall
update their plans, as applicable, for COVID–19 testing and contact
tracing submitted to the Secretary pursuant to the Paycheck Protection Program and Health Care Enhancement Act (Public Law 116–
139) and submit such updates to the Secretary not later than
60 days after funds appropriated in this paragraph in this Act
have been awarded to such recipient: Provided further, That not
later than 60 days after enactment of this Act, and every quarter
thereafter until funds are expended, the Governor or designee of
each State, locality, territory, tribe, or tribal organization receiving
funds shall report to the Secretary on uses of funding, detailing
current commitments and obligations broken out by the coronavirus
supplemental appropriations Act that provided the source of funds:
Provided further, That not later than 15 days after receipt of such
reports, the Secretary shall summarize and report to the Committees on Appropriations of the House of Representatives and the
Senate and the Committee on Energy and Commerce of the House
of Representatives and the Committee on Health, Education, Labor,
and Pensions of the Senate on States’ commitments and obligations
of funding: Provided further, That the Secretary shall make publicly
available the plans submitted by the Governor or designee of each
State, locality, territory, tribe, or tribal organization and the report

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Allocation.

Deadline.
Updates.
Plans.
Contact tracing.

Time period.
Reports.

Summary.
Reports.

Public
information.

PUBL260A

134 STAT. 1920

Reports.
Time period.

Reports.
Records.
Determination.

Definition.

Review.
Payments.

Definition.
Determination.

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Statement.

Reimbursements.

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PUBLIC LAW 116–260—DEC. 27, 2020

on use of funds provided under this paragraph: Provided further,
That funds an entity receives from amounts described in the first
proviso in this paragraph may also be used for the rent, lease,
purchase, acquisition, construction, alteration, renovation, or equipping of non-federally owned facilities to improve coronavirus
preparedness and response capability at the State and local level:
Provided further, That the Secretary shall provide a report to the
Committees on Appropriations of the House of Representatives and
the Senate on obligation of funds to eligible entities pursuant to
the sixth proviso, summarized by State, not later than 30 days
after the date of enactment of this Act, and every 60 days thereafter
until funds are expired: Provided further, That such amount is
designated 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.
For an additional amount for ‘‘Public Health and Social Services
Emergency Fund’’, $3,000,000,000, to remain available until
expended, to prevent, prepare for, and respond to coronavirus,
domestically or internationally, which shall be for necessary
expenses to reimburse, through grants or other mechanisms, eligible
health care providers for health care related expenses or lost revenues that are attributable to coronavirus: Provided, That these
funds may not be used to reimburse expenses or losses that have
been reimbursed from other sources or that other sources are obligated to reimburse: Provided further, That recipients of payments
under this paragraph shall submit reports and maintain documentation as the Secretary determines are needed to ensure compliance
with conditions that are imposed by this paragraph for such payments, and such reports and documentation shall be in such form,
with such content, and in such time as the Secretary may prescribe
for such purpose: Provided further, That ‘‘eligible health care providers’’ means public entities, Medicare or Medicaid enrolled suppliers and providers, and such for-profit entities and not-for-profit
entities not otherwise described in this proviso as the Secretary
may specify, within the United States (including territories), that
provide diagnoses, testing, or care for individuals with possible
or actual cases of COVID–19: Provided further, That the Secretary
shall, on a rolling basis, review applications and make payments
under this paragraph in this Act: Provided further, That funds
appropriated under this paragraph in this Act shall be available
for building or construction of temporary structures, leasing of
properties, medical supplies and equipment including personal
protective equipment and testing supplies, increased workforce and
trainings, emergency operation centers, retrofitting facilities, and
surge capacity: Provided further, That, in this paragraph, the term
‘‘payment’’ means a pre-payment, prospective payment, or retrospective payment, as determined appropriate by the Secretary: Provided
further, That payments under this paragraph shall be made in
consideration of the most efficient payment systems practicable
to provide emergency payment: Provided further, That to be eligible
for a payment under this paragraph in this Act, an eligible health
care provider shall submit to the Secretary an application that
includes a statement justifying the need of the provider for the
payment and the eligible health care provider shall have a valid
tax identification number: Provided further, That for any reimbursement by the Secretary from the Provider Relief Fund to an eligible
health care provider that is a subsidiary of a parent organization,

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134 STAT. 1921

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the parent organization may, allocate (through transfers or otherwise) all or any portion of such reimbursement among the subsidiary
eligible health care providers of the parent organization, including
reimbursements referred to by the Secretary as ‘‘Targeted Distribution’’ payments, among subsidiary eligible health care providers
of the parent organization except that responsibility for reporting
the reallocated reimbursement shall remain with the original
recipient of such reimbursement: Provided further, That, for any
reimbursement from the Provider Relief Fund to an eligible health
care provider for health care related expenses or lost revenues
that are attributable to coronavirus (including reimbursements
made before the date of the enactment of this Act), such provider
may calculate such lost revenues using the Frequently Asked Questions guidance released by the Department of Health and Human
Services in June 2020, including the difference between such provider’s budgeted and actual revenue budget if such budget had
been established and approved prior to March 27, 2020: Provided
further, That of the amount made available in the third paragraph
under this heading in Public Law 116–136, not less than 85 percent
of (i) the unobligated balances available as of the date of enactment
of this Act, and (ii) any funds recovered from health care providers
after the date of enactment of this Act, shall be for any successor
to the Phase 3 General Distribution allocation to make payments
to eligible health care providers based on applications that consider
financial losses and changes in operating expenses occurring in
the third or fourth quarter of calendar year 2020, or the first
quarter of calendar year 2021, that are attributable to coronavirus:
Provided further, That, not later than 3 years after final payments
are made under this paragraph, the Office of Inspector General
of the Department of Health and Human Services shall transmit
a final report on audit findings with respect to this program to
the Committees on Appropriations of the House of Representatives
and the Senate: Provided further, That nothing in this section
limits the authority of the Inspector General or the Comptroller
General to conduct audits of interim payments at an earlier date:
Provided further, That not later than 60 days after the date of
enactment of this Act, the Secretary of Health and Human Services
shall provide a report to the Committees on Appropriations of
the House of Representatives and the Senate on obligation of funds,
including obligations to such eligible health care providers, summarized by State of the payment receipt: Provided further, That such
reports shall be updated and submitted to such Committees every
60 days until funds are expended: Provided further, That the
amounts repurposed in this paragraph that were previously designated by the Congress as an emergency requirement pursuant
to the Balanced Budget and Emergency Deficit Control Act of
1985 are designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985: Provided further, That such
amount is designated 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.

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Reimbursements.

Time periods.

Reports.
Audit.

Reports.

Updates.
Time period.

PUBL260A

134 STAT. 1922

PUBLIC LAW 116–260—DEC. 27, 2020
GENERAL PROVISIONS—DEPARTMENT OF HEALTH AND
HUMAN SERVICES

Contracts.

Expiration date.

Time periods.
Determination.
5 USC 5547 note.

Applicability.

Definition.

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Determination.

Effective date.

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SEC. 301. Funds appropriated by this title may be used by
the Secretary of the Department of Health and Human Services
to appoint, without regard to the provisions of sections 3309 through
3319 of title 5 of the United States Code, candidates needed for
positions to perform critical work relating to coronavirus for which—
(1) public notice has been given; and
(2) the Secretary of Health and Human Services has determined that such a public health threat exists.
SEC. 302. Funds appropriated by this title may be used to
enter into contracts with individuals for the provision of personal
services (as described in section 104 of part 37 of title 48, Code
of Federal Regulations (48 CFR 37.104)) to support the prevention
of, preparation for, or response to coronavirus, domestically and
internationally, subject to prior notification to the Committees on
Appropriations of the House of Representatives and the Senate:
Provided, That such individuals may not be deemed employees
of the United States for the purpose of any law administered
by the Office of Personnel Management: Provided further, That
the authority made available pursuant to this section shall expire
on September 30, 2024.
SEC. 303. (a) If services performed by an employee during
2020 and 2021 are determined by the head of the agency to be
primarily related to preparation, prevention, or response to
coronavirus, any premium pay for such services shall be disregarded
in calculating the aggregate of such employee’s basic pay and premium pay for purposes of a limitation under section 5547(a) of
title 5, United States Code, or under any other provision of law,
whether such employees pay is paid on a biweekly or calendar
year basis.
(b) Any overtime pay for such services shall be disregarded
in calculating any annual limit on the amount of overtime pay
payable in a calendar or fiscal year.
(c) With regard to such services, any pay that is disregarded
under either subsection (a) or (b) shall be disregarded in calculating
such employee’s aggregate pay for purposes of the limitation in
section 5307 of such title 5.
(d)(1) Pay that is disregarded under subsection (a) or (b) shall
not cause the aggregate of the employee’s basic pay and premium
pay for the applicable calendar year to exceed the rate of basic
pay payable for a position at level II of the Executive Schedule
under section 5313 of title 5, United States Code, as in effect
at the end of such calendar year.
(2) For purposes of applying this subsection to an employee
who would otherwise be subject to the premium pay limits
established under section 5547 of title 5, United States Code,
‘‘premium pay’’ means the premium pay paid under the provisions of law cited in section 5547(a).
(3) For purposes of applying this subsection to an employee
under a premium pay limit established under an authority
other than section 5547 of title 5, United States Code, the
agency responsible for administering such limit shall determine
what payments are considered premium pay.
(e) This section shall take effect as if enacted on February
2, 2020.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1923

(f) If application of this section results in the payment of
additional premium pay to a covered employee of a type that is
normally creditable as basic pay for retirement or any other purpose, that additional pay shall not—
(1) be considered to be basic pay of the covered employee
for any purpose; or
(2) be used in computing a lump-sum payment to the
covered employee for accumulated and accrued annual leave
under section 5551 or section 5552 of title 5, United States
Code.
SEC. 304. Funds appropriated by this title to the heading
‘‘Department of Health and Human Services’’ except for the amounts
specified in the second and third paragraphs under the heading
‘‘Public Health and Social Services Emergency Fund’’, may be transferred to, and merged with, other appropriation accounts under
the headings ‘‘Centers for Disease Control and Prevention’’,
‘‘National Institutes of Health’’, ‘‘Substance Abuse and Mental
Health Services’’, ‘‘Administration for Children and Families’’, and
‘‘Public Health and Social Services Emergency Fund’’, to prevent,
prepare for, and respond to coronavirus following consultation with
the Office of Management and Budget: Provided further, That the
Committees on Appropriations of the House of Representatives and
the Senate shall be notified 10 days in advance of any such transfer:
Provided further, That, upon a determination that all or part of
the funds transferred from an appropriation by this title are not
necessary, such amounts may be transferred back to that appropriation: Provided further, That none of the funds made available by
this title may be transferred pursuant to the authority in section
205 of division A of Public Law 116–94 or section 241(a) of the
PHS Act.
SEC. 305. Of the funds appropriated by this title under the
heading ‘‘Public Health and Social Services Emergency Fund’’, up
to $2,000,000 shall be transferred to the ‘‘Office of the Secretary,
Office of Inspector General’’, and shall remain available until
expended, for oversight of activities supported with funds appropriated to the Department of Health and Human Services to prevent, prepare for, and respond to coronavirus, domestically or internationally: Provided, That the Inspector General of the Department
of Health and Human Services shall consult with the Committees
on Appropriations of the House of Representatives and the Senate
prior to obligating such funds: Provided further, That the transfer
authority provided by this section is in addition to any other transfer
authority provided by law.
SEC. 306. Section 675b(b)(3) of the Community Services Block
Grant Act (42 U.S.C. 9906(b)(3)) shall not apply with respect to
funds appropriated by the Coronavirus Aid, Relief, and Economic
Security Act (Public Law 116–136) to carry out the Community
Services Block Grant Act (42 U.S.C. 9901 et seq.): Provided, That
the amounts repurposed in this section that were previously designated by the Congress as an emergency requirement pursuant
to the Balanced Budget and Emergency Deficit Control Act of
1985 are designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
SEC. 307. Penalties and administrative requirements under
title XXVI of the Public Health Service Act may be waived by
the Secretary of Health and Human Services for funds awarded

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authority.
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Notification.
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PUBLIC LAW 116–260—DEC. 27, 2020

under such title of such Act from amounts provided for fiscal year
2020 and fiscal year 2021 under the heading ‘‘Department of Health
and Human Services—Health Resources and Services Administration’’, including amounts made available under such heading by
transfer: Provided, That such amount is designated 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.
DEPARTMENT OF EDUCATION
EDUCATION STABILIZATION FUND

For an additional amount for ‘‘Education Stabilization Fund’’,
$81,880,000,000, to remain available through September 30, 2022,
to prevent, prepare for, and respond to coronavirus, domestically
or internationally: Provided, That such amount is designated 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.
GENERAL PROVISIONS—DEPARTMENT OF EDUCATION
EDUCATION STABILIZATION FUND

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SEC. 311. (a) ALLOCATIONS.—From the amount made available
under this heading in this Act to carry out the Education Stabilization Fund, the Secretary shall first allocate—
(1) one-half of 1 percent to the outlying areas for supplemental awards to be allocated not more than 30 calendar days
from the date of enactment of this Act on the basis of the
terms and conditions for funding provided under section
18001(a)(1) of the Coronavirus Aid, Relief, and Economic Security (CARES) Act (Public Law 116–136); and
(2) one-half of 1 percent for a supplemental award to be
allocated to the Secretary of Interior not more than 30 calendar
days from enactment of this Act for programs operated or
funded by the Bureau of Indian Education (BIE) under the
terms and conditions established for funding provided under
section 18001(a)(2) of the CARES Act (Public Law 116–136),
for BIE-operated and funded elementary and secondary schools
and Tribal Colleges and Universities, except that funding shall
be allocated as follows:
(A) 60 percent for Bureau-funded schools, as defined
in 25 U.S.C. 2021, provided that such schools may not
be required to submit a spending plan before receipt of
funding.
(B) 40 percent for Tribal Colleges and Universities,
which shall be distributed according to the formula in
section 316(d)(3) of the Higher Education Act of 1965
(‘‘HEA’’).
(b) RESERVATIONS.—After carrying out subsection (a), the Secretary shall reserve the remaining funds made available as follows:
(1) 5 percent to carry out section 312 of this title.
(2) 67 percent to carry out section 313 of this title.
(3) 28 percent to carry out section 314 of this title.

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134 STAT. 1925

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GOVERNOR’S EMERGENCY EDUCATION RELIEF FUND

SEC. 312. (a) PROGRAM AUTHORIZED.—(1) From funds reserved
under section 311(b)(1) of this title and not reserved under paragraph (2), the Secretary shall make supplemental Emergency Education Relief grants to the Governor of each State with an approved
application under section 18002 of division B of the CARES Act
(Public Law 116–136). The Secretary shall award funds under this
section to the Governor of each State with an approved application
within 30 calendar days of the date of enactment of this Act.
(2) RESERVATION.—From funds made available under section 311(b)(1) of this title, the Secretary shall reserve
$2,750,000,000 of such funds to provide Emergency Assistance
to Non-Public Schools grants, in accordance with subsection
(d), to the Governor of each State with an approved application
under subsection (d)(2).
(b) ALLOCATIONS.—The amount of each grant under subsection
(a)(1) shall be allocated by the Secretary to each State as follows:
(1) 60 percent on the basis of their relative population
of individuals aged 5 through 24.
(2) 40 percent on the basis of their relative number of
children counted under section 1124(c) of the Elementary and
Secondary Education Act of 1965 (‘‘ESEA’’).
(c) USES OF FUNDS.—Grant funds awarded under subsection
(a)(1) may be used to—
(1) provide emergency support through grants to local educational agencies that the State educational agency deems have
been most significantly impacted by coronavirus to support
the ability of such local educational agencies to continue to
provide educational services to their students and to support
the on-going functionality of the local educational agency;
(2) provide emergency support through grants to institutions of higher education serving students within the State
that the Governor determines have been most significantly
impacted by coronavirus to support the ability of such institutions to continue to provide educational services and support
the on-going functionality of the institution; and
(3) provide support to any other institution of higher education, local educational agency, or education related entity
within the State that the Governor deems essential for carrying
out emergency educational services to students for authorized
activities described in section 313(d)(1) of this title or the HEA;
the provision of child care and early childhood education, social
and emotional support; and the protection of education-related
jobs.
(d) EMERGENCY ASSISTANCE TO NON-PUBLIC SCHOOLS.—
(1) PROGRAM AUTHORIZED.—
(A) IN GENERAL.—With funds reserved under subsection (a)(2), the Secretary shall allot the amount
described in subparagraph (B) to the Governor of each
State with an approved application under paragraph (2)
in order to provide services or assistance to non-public
schools under this subsection. The Governor shall designate
the State educational agency to administer the program
authorized under this subsection.
(B) AMOUNT OF ALLOTMENT.—An allotment for a State
under subparagraph (A) shall be in the amount that bears

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134 STAT. 1926

the same relationship to the total amount of the funds
reserved under subsection (a)(2) as the number of children
aged 5 through 17 at or below 185 percent of poverty
who are enrolled in non-public schools in the State (as
determined by the Secretary on the basis of the best available data) bears to the total number of all such children
in all States.
(2) APPLICATIONS FROM STATES.—
(A) APPLICATION REQUEST AND REVIEW.—The Secretary
shall—
(i) issue a notice inviting applications for funds
reserved under subsection (a)(2) not later than 30 days
after the date of enactment of this Act; and
(ii) approve or deny an application not later than
15 days after the receipt of the application.
(B) ASSURANCE.—The Governor of each State, in consultation with their respective State educational agency,
shall include in the application submitted under this paragraph an assurance that the State educational agency
will—
(i) distribute information about the program to
non-public schools and make the information and the
application easily available;
(ii) process all applications submitted promptly,
in accordance with subparagraph (3)(A)(ii);
(iii) in providing services or assistance to nonpublic schools, ensure that services or assistance is
provided to any non-public school that—
(I) is a non-public school described in paragraph (3)(C);
(II) submits an application that meets the
requirements of paragraph (3)(B); and
(III) requests services or assistance allowable
under paragraph (4);
(iv) to the extent practicable, obligate all funds
provided under subsection (a)(2) for services or assistance to non-public schools in the State in an expedited
and timely manner; and
(v) obligate funds to provide services or assistance
to non-public schools in the State not later than 6
months after receiving such funds under subsection
(a)(2).
(3) APPLICATIONS FOR SERVICES OR ASSISTANCE.—
(A) APPLICATION REQUEST AND REVIEW.—A State educational agency receiving funds from the Governor under
this subsection shall—
(i) make the application for services or assistance
described in subparagraph (B) available to non-public
schools by not later than 30 days after the receipt
of such funds; and
(ii) approve or deny an application not later than
30 days after the receipt of the application.
(B) APPLICATION REQUIREMENTS.—Each non-public
school desiring services or assistance under this subsection
shall submit an application to the State educational agency
at such time, in such manner, and accompanied by such

Deadlines.
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134 STAT. 1927

information as the State educational agency may reasonably require to ensure expedited and timely provision of
services or assistance to the non-public school, which shall
include—
(i) the number and percentage of students from
low-income families enrolled by such non-public school
in the 2019–2020 school year;
(ii) a description of the emergency services authorized under paragraph (4) that such non-public school
requests to be provided by the State educational
agency; and
(iii) whether the non-public school requesting services or assistance under this subsection received a loan
guaranteed under paragraph (36) of section 7(a) of
the Small Business Act (15 U.S.C. 636(a)) that was
made before the date of enactment of this Act and
the amount of any such loan received.
(C) TARGETING.—A State educational agency receiving
funds under this subsection shall prioritize services or
assistance to non-public schools that enroll low-income students and are most impacted by the qualifying emergency.
(4) TYPES OF SERVICES OR ASSISTANCE.—A non-public school
receiving services or assistance under this subsection shall
use such services or assistance to address educational disruptions resulting from the qualifying emergency for—
(A) supplies to sanitize, disinfect, and clean school
facilities;
(B) personal protective equipment;
(C) improving ventilation systems, including windows
or portable air purification systems to ensure healthy air
in the non-public school;
(D) training and professional development for staff on
sanitation, the use of personal protective equipment, and
minimizing the spread of infectious diseases;
(E) physical barriers to facilitate social distancing;
(F) other materials, supplies, or equipment to implement public health protocols, including guidelines and recommendations from the Centers for Disease Control and
Prevention for the reopening and operation of school facilities to effectively maintain the health and safety of students, educators, and other staff during the qualifying
emergency;
(G) expanding capacity to administer coronavirus
testing to effectively monitor and suppress coronavirus,
to conduct surveillance and contact tracing activities, and
to support other activities related to coronavirus testing
for students, teachers, and staff at the non-public school;
(H) educational technology (including hardware, software, connectivity, assistive technology, and adaptive
equipment) to assist students, educators, and other staff
with remote or hybrid learning;
(I) redeveloping instructional plans, including curriculum development, for remote learning, hybrid learning,
or to address learning loss;
(J) leasing of sites or spaces to ensure safe social
distancing to implement public health protocols, including

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134 STAT. 1928

Reimbursement.

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guidelines and recommendations from the Centers for Disease Control and Prevention;
(K) reasonable transportation costs;
(L) initiating and maintaining education and support
services or assistance for remote learning, hybrid learning,
or to address learning loss; or
(M) reimbursement for the expenses of any services
or assistance described in this paragraph (except for subparagraphs (C) (except that portable air purification systems shall be an allowable reimbursable expense), (D),
(I), and (L)) that the non-public school incurred on or
after the date of the qualifying emergency, except that
any non-public school that has received a loan guaranteed
under paragraph (36) of section 7(a) of the Small Business
Act (15 U.S.C. 636(a)) as of the day prior to the date
of enactment of this Act shall not be eligible for reimbursements described in this paragraph for any expenses
reimbursed through such loan.
(5) ADMINISTRATION.—A State educational agency receiving
funds under this subsection may reserve not more than the
greater of $200,000 or one-half of 1 percent of such funds
to administer the services and assistance provided under this
subsection to non-public schools.
(6) REALLOCATION.—Notwithstanding paragraph (1)(A),
each State educational agency receiving funds under this subsection that complies with paragraph (2) but has unobligated
funds remaining 6 months after receiving funds under this
subsection shall return such remaining unobligated funds to
the Governor, to use for any use authorized under subsection
(c).
(7) PUBLIC CONTROL OF FUNDS.—
(A) IN GENERAL.—The control of funds for the services
or assistance provided to a non-public school under this
subsection, and title to materials, equipment, and property
purchased with such funds, shall be in a public agency,
and a public agency shall administer such funds, services,
assistance, materials, equipment, and property.
(B) PROVISION OF SERVICES OR ASSISTANCE.—
(i) PROVIDER.—The provision of services or assistance to a non-public school under this subsection shall
be provided—
(I) by employees of a public agency; or
(II) through contract by such public agency
with an individual, association, agency, or
organization.
(ii) REQUIREMENT.—In the provision of services or
assistance described in clause (i), such employee, individual, association, agency, or organization shall be
independent of the non-public school receiving such
services or assistance, and such employment and contracts shall be under the control and supervision of
such public agency described in subparagraph (A).
(8) SECULAR, NEUTRAL, AND NON-IDEOLOGICAL.—All services
or assistance provided under this subsection, including providing equipment, materials, and any other items, shall be
secular, neutral, and non-ideological.

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PUBLIC LAW 116–260—DEC. 27, 2020

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(9) INTERACTION WITH PAYCHECK PROTECTION PROGRAM.—
(A) IN GENERAL.—In order to be eligible to receive services
or assistance under this subsection, a non-public school shall
submit to the State an assurance, including any documentation
required by the Secretary, that such non-public school did not,
and will not, apply for and receive a loan under paragraphs
(36) or (37) of section 7(a) of the Small Business Act (15 U.S.C.
636(a)(37)) that is made on or after the date of enactment
of this Act.
(B) ALLOWANCE.—A non-public school that received a
loan guaranteed under paragraph (36) of section 7(a) of
the Small Business Act (15 U.S.C. 636(a)) that was made
before the date of enactment of this Act shall be eligible
to receive services or assistance under this subsection.
(e) RESTRICTIONS.—
(1) Funds provided under this section shall not be used—
(A) to provide direct or indirect financial assistance
to scholarship granting organizations or related entities
for elementary or secondary education; or
(B) to provide or support vouchers, tuition tax credit
programs, education savings accounts, scholarships, scholarship programs, or tuition-assistance programs for
elementary or secondary education.
(2) EXCEPTION.—Notwithstanding paragraph (1), a State
may use funds provided under subsection (a)(1) to provide
assistance prohibited under paragraph (1) only to students
who receive or received such assistance with funds provided
under section 18002(a) of division B of the CARES Act (20
U.S.C. 3401 note), for the 2020–2021 school year and only
for the same assistance provided such students under such
section.
(3) RULE OF CONSTRUCTION.—Nothing in this subsection
shall be interpreted to apply any additional restrictions to
funds provided in section 18002(a) of division B of the CARES
Act (20 U.S.C. 3401 note).
(f) REALLOCATION.—Each Governor shall return to the Secretary
any funds received under paragraph (1) or (2) of subsection (a)
that the Governor does not award or obligate not later than 1
year after the date of receipt of such funds, and the Secretary
shall reallocate such funds to the remaining States in accordance
with subsection (b) for uses authorized under subsection (c).

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ELEMENTARY AND SECONDARY SCHOOL EMERGENCY RELIEF FUND

SEC. 313. (a) GRANTS.—From funds reserved under section
311(b)(2) of this title, the Secretary shall make supplemental
elementary and secondary school emergency relief grants to each
State educational agency with an approved application under section 18003 of division B of the CARES Act (Public Law 116–
136). The Secretary shall award funds under this section to each
State educational agency with an approved application within 30
calendar days of the date of enactment of this Act.
(b) ALLOCATIONS TO STATES.—The amount of each grant under
subsection (a) shall be allocated by the Secretary to each State
in the same proportion as each State received under part A of
title I of the ESEA of 1965 in the most recent fiscal year.

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Coordination.

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(c) SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.—Each State
shall allocate not less than 90 percent of the grant funds awarded
to the State under this section as subgrants to local educational
agencies (including charter schools that are local educational agencies) in the State in proportion to the amount of funds such local
educational agencies and charter schools that are local educational
agencies received under part A of title I of the ESEA of 1965
in the most recent fiscal year.
(d) USES OF FUNDS.—A local educational agency that receives
funds under this section may use the funds for any of the following:
(1) Any activity authorized by the ESEA of 1965, including
the Native Hawaiian Education Act and the Alaska Native
Educational Equity, Support, and Assistance Act (20 U.S.C.
6301 et seq.), the Individuals with Disabilities Education Act
(20 U.S.C. 1400 et seq.) (‘‘IDEA’’), the Adult Education and
Family Literacy Act (20 U.S.C. 1400 et seq.), the Carl D.
Perkins Career and Technical Education Act of 2006 (20 U.S.C.
2301 et seq.) (‘‘the Perkins Act’’), or subtitle B of title VII
of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11431 et seq.).
(2) Coordination of preparedness and response efforts of
local educational agencies with State, local, Tribal, and territorial public health departments, and other relevant agencies,
to improve coordinated responses among such entities to prevent, prepare for, and respond to coronavirus.
(3) Providing principals and others school leaders with
the resources necessary to address the needs of their individual
schools.
(4) Activities to address the unique needs of low-income
children or students, children with disabilities, English
learners, racial and ethnic minorities, students experiencing
homelessness, and foster care youth, including how outreach
and service delivery will meet the needs of each population.
(5) Developing and implementing procedures and systems
to improve the preparedness and response efforts of local educational agencies.
(6) Training and professional development for staff of the
local educational agency on sanitation and minimizing the
spread of infectious diseases.
(7) Purchasing supplies to sanitize and clean the facilities
of a local educational agency, including buildings operated by
such agency.
(8) Planning for, coordinating, and implementing activities
during long-term closures, including providing meals to eligible
students, providing technology for online learning to all students, providing guidance for carrying out requirements under
the IDEA and ensuring other educational services can continue
to be provided consistent with all Federal, State, and local
requirements.
(9) Purchasing educational technology (including hardware,
software, and connectivity) for students who are served by
the local educational agency that aids in regular and substantive educational interaction between students and their
classroom instructors, including low-income students and children with disabilities, which may include assistive technology
or adaptive equipment.
(10) Providing mental health services and supports.

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(11) Planning and implementing activities related to
summer learning and supplemental afterschool programs,
including providing classroom instruction or online learning
during the summer months and addressing the needs of lowincome students, children with disabilities, English learners,
migrant students, students experiencing homelessness, and
children in foster care.
(12) Addressing learning loss among students, including
low-income students, children with disabilities, English
learners, racial and ethnic minorities, students experiencing
homelessness, and children and youth in foster care, of the
local educational agency, including by—
(A) Administering and using high-quality assessments
that are valid and reliable, to accurately assess students’
academic progress and assist educators in meeting students’ academic needs, including through differentiating
instruction.
(B) Implementing evidence-based activities to meet the
comprehensive needs of students.
(C) Providing information and assistance to parents
and families on how they can effectively support students,
including in a distance learning environment.
(D) Tracking student attendance and improving student engagement in distance education.
(13) School facility repairs and improvements to enable
operation of schools to reduce risk of virus transmission and
exposure to environmental health hazards, and to support student health needs.
(14) Inspection, testing, maintenance, repair, replacement,
and upgrade projects to improve the indoor air quality in school
facilities, including mechanical and non-mechanical heating,
ventilation, and air conditioning systems, filtering, purification
and other air cleaning, fans, control systems, and window and
door repair and replacement.
(15) Other activities that are necessary to maintain the
operation of and continuity of services in local educational
agencies and continuing to employ existing staff of the local
educational agency.
(e) STATE FUNDING.—With funds not otherwise allocated under
subsection (c), a State may reserve not more than one-half of
1 percent for administrative costs and the remainder for emergency
needs as determined by the state educational agency to address
issues responding to coronavirus, including measuring and
addressing learning loss, which may be addressed through the
use of grants or contracts.
(f) REPORT.—A State receiving funds under this section shall
submit a report to the Secretary, not later than 6 months after
receiving funding provided in this Act, in such manner and with
such subsequent frequency as the Secretary may require, that provides a detailed accounting of the use of funds provided under
this section, including how the State is using funds to measure
and address learning loss among students disproportionately
affected by coronavirus and school closures, including low-income
students, children with disabilities, English learners, racial and
ethnic minorities, students experiencing homelessness, and children
and youth in foster care.

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134 STAT. 1932
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(g) REALLOCATION.—A State shall return to the Secretary any
funds received under this section that the State does not award
within 1 year of receiving such funds and the Secretary shall
reallocate such funds to the remaining States in accordance with
subsection (b).
HIGHER EDUCATION EMERGENCY RELIEF FUND

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SEC. 314. (a) IN GENERAL.—From funds reserved under section
311(b)(3) of this title the Secretary shall allocate amounts to institutions of higher education with an approved application as follows:
(1) 89 percent to each institution of higher education as
defined in section 101 or section 102(c) of the HEA to prevent,
prepare for, and respond to coronavirus, by apportioning it—
(A) 37.5 percent according to the relative share of
full-time equivalent enrollment of students who were Federal Pell Grant recipients and who were not exclusively
enrolled in distance education courses prior to the qualifying emergency;
(B) 37.5 percent according to the relative share of
the total number of students who were Federal Pell Grant
recipients and who were not exclusively enrolled in distance
education courses prior to the qualifying emergency;
(C) 11.5 percent according to the relative share of
full-time equivalent enrollment of students who were not
Federal Pell Grant recipients and who were not exclusively
enrolled in distance education courses prior to the qualifying emergency;
(D) 11.5 percent according to the relative share of
the total number of students who were not Federal Pell
Grant recipients and who were not exclusively enrolled
in distance education courses prior to the qualifying emergency;
(E) 1 percent according to the relative share of fulltime equivalent enrollment of students who were Federal
Pell grant recipients and who were exclusively enrolled
in distance education courses prior to the qualifying emergency; and
(F) 1 percent according to the relative share of the
total number of students who were Federal Pell grant
recipients and who were exclusively enrolled in distance
education courses prior to the qualifying emergency.
(2) 7.5 percent for additional awards under parts A and
B of title III, parts A and B of title V, and subpart 4 of
part A of title VII of the HEA to address needs directly related
to coronavirus, that shall be in addition to awards made in
subsection (a)(1), and allocated by the Secretary proportionally
to such programs based on the relative share of funding appropriated to such programs in the Further Consolidated Appropriations Act, 2020 (Public Law 116–94) and distributed to
eligible institutions of higher education, except as otherwise
provided in subparagraphs (A) through (C), on the basis of
the formula described in subparagraphs (A) through (F) of
subsection (a)(1):
(A) Except as otherwise provided in subparagraph
(2)(B), for eligible institutions under part B of title III
and subpart 4 of part A of title VII of the HEA, the

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Secretary shall allot to each eligible institution an amount
using the following formula:
(i) 70 percent according to a ratio equivalent to
the number of Pell Grant recipients in attendance at
such institution at the end of the school year preceding
the beginning of the most recent fiscal year and the
total number of Pell Grant recipients at all such
institutions;
(ii) 20 percent according to a ratio equivalent to
the total number of students enrolled at such institution at the end of the school year preceding the beginning of that fiscal year and the number of students
enrolled at all such institutions; and
(iii) 10 percent according to a ratio equivalent to
the total endowment size at all eligible institutions
at the end of the school year preceding the beginning
of that fiscal year and the total endowment size at
such institution;
(B) For eligible institutions under section 326 of the
HEA, the Secretary shall allot to each eligible institution
an amount in proportion to the award received from
funding for such institutions in the Further Consolidated
Appropriations Act, 2020 (Public Law 116–94); and
(C) For eligible institutions under section 316 of the
HEA, the Secretary shall allot funding according to the
formula in section 316(d)(3) of the HEA.
(3) 0.5 percent for part B of title VII of the HEA for
institutions of higher education that the Secretary determines
have, after allocating other funds available under this section,
the greatest unmet needs related to coronavirus, including
institutions of higher education with large populations of graduate students and institutions of higher education that did
not otherwise receive an allocation under this section. In
awarding funds under this paragraph, the Secretary shall publish an application for such funds no later than 60 calendar
days of enactment of this Act, and shall provide a briefing
to the Committees on Appropriations of the House of Representatives and the Senate no later than 7 days prior to publishing
such application.
(4) 3 percent to institutions of higher education as defined
in section 102(b) of the HEA allocated on the basis of the
formula described in subparagraphs (A) through (F) of subsection (a)(1).
(b)(1) DISTRIBUTION.—The funds made available to each institution under subsection (a)(1) shall be distributed by the Secretary
using the same systems as the Secretary otherwise distributes
funding to institutions under title IV of the HEA.
(2) The Secretary shall allocate amounts to institutions
of higher education under this section, to the extent practicable,
as follows:
(A) under subsections (a)(1) and (a)(4) within 30 calendar days of the date of enactment of this Act;
(B) under subsection (a)(2) within 60 calendar days
of the date of enactment of this Act; and
(C) under subsection (a)(3) within 120 calendar days
of enactment of this Act.

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Determination.

Publication.
Deadlines.
Briefing.

Deadlines.

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134 STAT. 1934

PUBLIC LAW 116–260—DEC. 27, 2020

(c) USES OF FUNDS.—An institution of higher education
receiving funds under this section may use the funds received
to—
(1) defray expenses associated with coronavirus (including
lost revenue, reimbursement for expenses already incurred,
technology costs associated with a transition to distance education, faculty and staff trainings, and payroll);
(2) carry out student support activities authorized by the
HEA that address needs related to coronavirus; or
(3) provide financial aid grants to students (including students exclusively enrolled in distance education), which may
be used for any component of the student’s cost of attendance
or for emergency costs that arise due to coronavirus, such
as tuition, food, housing, health care (including mental health
care), or child care. In making financial aid grants to students,
an institution of higher education shall prioritize grants to
students with exceptional need, such as students who receive
Pell Grants.
(d) SPECIAL PROVISIONS.—
(1) A Historically Black College and University or a
Minority Serving Institution may use prior awards provided
under titles III, V, and VII of the Higher Education Act to
prevent, prepare for, and respond to coronavirus.
(2) An institution of higher education awarded funds under
section 18004 of division B of the CARES Act (Public Law
116–136) prior to the date of enactment of this Act may use
those funds under the terms and conditions of section 314(c)
of this title, subject to the requirements in paragraph (5).
Amounts repurposed pursuant to this paragraph that were
previously designated by the Congress as an emergency requirement pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985 are designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
(3) No funds received by an institution of higher education
under this section shall be used to fund contractors for the
provision of pre-enrollment recruitment activities; marketing
or recruitment; endowments; capital outlays associated with
facilities related to athletics, sectarian instruction, or religious
worship; senior administrator or executive salaries, benefits,
bonuses, contracts, incentives; stock buybacks, shareholder dividends, capital distributions, and stock options; or any other
cash or other benefit for a senior administrator or executive.
(4) Any funds that remain available for obligation as of
the date of enactment of this Act to carry out section 18004(a)(1)
of the CARES Act (Public Law 116–136) or under the heading
‘‘Safe Schools and Citizenship Education’’ of such Act shall
be used by the Secretary to carry out section 314(a)(1) of
this title: Provided, That amounts repurposed pursuant to this
paragraph that were previously designated by the Congress
as an emergency requirement pursuant to the Balanced Budget
and Emergency Deficit Control Act of 1985 are designated
by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1935

(5) Institutions of higher education receiving allocations
under section 314(a)(1) of this title shall provide at least the
same amount of funding in emergency financial aid grants
to students as was required to be provided under sections
18004(a)(1) and (c) of division B of the CARES Act (Public
Law 116–136). An institution of higher education that repurposes funds pursuant to paragraph (2) shall ensure that not
less than 50 percent of the funds received under section
18004(a)(1) of division B of the CARES Act (Public Law 116–
136) are used for financial aid grants to students under either
section 18004(c) of division B of the CARES Act or section
314(c)(3) of this title, or a combination of those sections: Provided, That amounts repurposed pursuant to this paragraph
that were previously designated by the Congress as an emergency requirement pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 are designated by the Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
(6)(A) An institution of higher education that was required
to remit payment to the Internal Revenue Service for the excise
tax based on investment income of private colleges and universities under section 4968 of the Internal Revenue Code of
1986 for tax year 2019 shall have its allocation under this
section reduced by 50 percent and may only use funds for
activities described in paragraph (c)(3), or for sanitation, personal protective equipment, or other expenses associated with
the general health and safety of the campus environment
related to the qualifying emergency. This paragraph shall not
apply to an institution of higher education designated by the
Secretary as an eligible institution under section 448 of the
HEA.
(B) WAIVER AUTHORITY.—The Secretary may waive the
requirements of subparagraph (A) if, upon application, an
institution of higher education demonstrates need
(including need for additional funding for financial aid
grants to students, payroll expenses, or other expenditures)
for the total amount of funds such institution is allocated
under section 314(a)(1) of this title. The Secretary shall
provide and make publicly available a written justification
for the denial of any application for a waiver under this
subparagraph.
(7) An institution of higher education as defined in section
102(b) of the HEA may only use funds received under this
section for activities described in subsection (c)(3).
(8) An institution of higher education with an approved
application under section 18004(a) of division B of the CARES
Act (Public Law 116–136) prior to the date of enactment of
this Act shall not be required to submit a new or revised
application to receive funds under this section provided such
funds are subject to the terms and conditions of this section.
(9) An institution of higher education receiving funds under
subsections (a)(1)(E) or (F) may only use funds apportioned
by such subparagraphs for activities described in subsection
(c)(3).
(e) REPORT.—An institution receiving funds under this section
shall submit a report to the Secretary, not later than 6 months

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Public
information.

PUBL260A

134 STAT. 1936

Deadline.

PUBLIC LAW 116–260—DEC. 27, 2020

after receiving funding provided in this Act, in such manner and
with such subsequent frequency as the Secretary may require,
that provides a detailed accounting of the use of funds provided
under this section.
(f) REALLOCATION.—Any funds allocated to an institution of
higher education under this section on the basis of a formula
described in subsections (a)(1), (a)(2), and (a)(4) but for which an
institution does not apply for funding within 90 days of the publication of the notice inviting applications, shall be reallocated to
eligible institutions that had submitted an application by such
date in accordance with the formula described in subsection (a)(1).
CONTINUED PAYMENT TO EMPLOYEES

SEC. 315. A local educational agency, State, institution of higher
education, or other entity that receives funds provided under the
heading ‘‘Education Stabilization Fund’’, shall, to the greatest extent
practicable, continue to pay its employees and contractors during
the period of any disruptions or closures related to coronavirus.
DEFINITIONS

SEC. 316. Except as otherwise provided in sections 311 through
316 of this title, as used in such sections—
(1) the terms ‘‘elementary education’’ and ‘‘secondary education’’ have the meaning given such terms under State law;
(2) the term ‘‘institution of higher education’’ has the
meaning given such term in title I of the HEA;
(3) the term ‘‘Secretary’’ means the Secretary of Education;
(4) the term ‘‘State’’ means each of the 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico;
(5) the term ‘‘cost of attendance’’ has the meaning given
such term in section 472 of the HEA;
(6) the term ‘‘Non-public school’’ means a non-public
elementary and secondary school that—
(A) is accredited, licensed, or otherwise operates in
accordance with State law; and
(B) was in existence prior to the date of the qualifying
emergency for which grants are awarded under this title;
(7) the term ‘‘public school’’ means a public elementary
or secondary school;
(8) any other term used that is defined in section 8101
of the ESEA of 1965 shall have the meaning given the term
in such section; and
(9) the term ‘‘qualifying emergency’’ has the meaning given
the term in section 3502(a)(4) of the Coronavirus Aid, Relief,
and Economic Security Act (Public Law 116–136).

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MAINTENANCE OF EFFORT

SEC. 317. (a) At the time of award of funds to carry out
sections 312 or 313 of this title, a State shall provide assurances
that such State will maintain support for elementary and secondary
education, and for higher education (which shall include State
funding to institutions of higher education and state need-based
financial aid, and shall not include support for capital projects
or for research and development or tuition and fees paid by students) in fiscal year 2022 at least at the proportional levels of

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1937

such State’s support for elementary and secondary education and
for higher education relative to such State’s overall spending, averaged over fiscal years 2017, 2018, and 2019.
(b) The Secretary may waive the requirement in subsection
(a) for the purpose of relieving fiscal burdens on States that have
experienced a precipitous decline in financial resources.

Waiver authority.

GALLAUDET UNIVERSITY
For an additional amount for ‘‘Gallaudet University’’,
$11,000,000, to remain available through September 30, 2022, to
prevent, prepare for, and respond to coronavirus, domestically or
internationally, including to help defray the expenses directly
caused by coronavirus and to enable grants to students for expenses
directly related to coronavirus and the disruption of university
operations: Provided, That such amount is designated 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.
STUDENT AID ADMINISTRATION
For an additional amount for ‘‘Student Aid Administration’’,
$30,000,000, to remain available through September 30, 2022, to
prevent, prepare for, and respond to coronavirus, domestically or
internationally: Provided, That such amount is designated 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.
HOWARD UNIVERSITY
For an additional amount for ‘‘Howard University’’, $20,000,000,
to remain available through September 30, 2022, to prevent, prepare
for, and respond to coronavirus, domestically or internationally,
including to help defray the expenses directly caused by coronavirus
and to enable grants to students for expenses directly related to
coronavirus and the disruption of university operations: Provided,
That such amount is designated 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.

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NATIONAL TECHNICAL INSTITUTE

FOR THE

DEAF

For an additional amount for ‘‘National Technical Institute
for the Deaf’’, $11,000,000, to remain available through September
30, 2022, to prevent, prepare for, and respond to coronavirus, domestically or internationally, including to help defray the expenses
directly caused by coronavirus and to enable grants to students
for expenses directly related to coronavirus and the disruption
of university operations: Provided, That such amount is designated
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.

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134 STAT. 1938

PUBLIC LAW 116–260—DEC. 27, 2020
INSTITUTE

OF

EDUCATION SCIENCES

For an additional amount for ‘‘Institute of Education Sciences’’,
$28,000,000, to remain available through September 30, 2022, to
prevent, prepare for and respond to coronavirus, domestically or
internationally, for carrying out the National Assessment of Educational Progress Authorization Act: Provided, That such amount
is designated 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.
DEPARTMENTAL MANAGEMENT
PROGRAM ADMINISTRATION

For an additional amount for ‘‘Program Administration’’,
$15,000,000, to remain available through September 30, 2023, to
prevent, prepare for, and respond to coronavirus, domestically or
internationally: Provided, That such amount is designated 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.
OFFICE OF THE INSPECTOR GENERAL

For an additional amount for ‘‘Office of the Inspector General’’,
$5,000,000, to remain available until expended, to prevent, prepare
for, and respond to coronavirus, domestically or internationally,
including for salaries and expenses necessary for oversight, investigations, and audits of programs, grants, and projects funded in
this Act to respond to coronavirus: Provided, That such amount
is designated 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.
GENERAL PROVISION—THIS TITLE
Deadlines.
Spend plan.
Estimates.

Time period.

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List.
Contracts.

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SEC. 321. Not later than 30 days after the date of enactment
of this Act, the Secretaries of Health and Human Services and
Education shall provide a detailed spend plan of anticipated uses
of funds made available in this title, including estimated personnel
and administrative costs, to the Committees on Appropriations of
the House of Representatives and the Senate: Provided, That such
plans shall be updated and submitted to such Committees every
60 days until September 30, 2024: Provided further, That the spend
plans shall be accompanied by a listing of each contract obligation
incurred that exceeds $5,000,000 which has not previously been
reported, including the amount of each such obligation.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1939

TITLE IV
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
GRANTS-IN-AID FOR AIRPORTS

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(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Grants-in-Aid for Airports’’
$2,000,000,000, to prevent, prepare for, and respond to coronavirus:
Provided, That amounts made available under this heading in this
Act shall be derived from the general fund of the Treasury: Provided
further, That funds provided under this heading in this Act shall
only be available to airports in categories defined in section 47102
of title 49, United States Code: Provided further, That funds provided under this heading in this Act shall not otherwise be subject
to the requirements of chapter 471 of such title: Provided further,
That notwithstanding the preceding proviso, except for project eligibility, the requirements of chapter 471 of such title shall apply
to funds provided for any contract awarded (after the date of enactment of this Act) for airport development and funded under this
heading: Provided further, That funds provided under this heading
in this Act may not be used for any purpose not directly related
to the airport: Provided further, That no additional funding shall
be provided from funds made available under this heading to any
airport that was allocated in excess of four years of operating
funds under Public Law 116–136: Provided further, That the Federal
share payable of the costs for which a grant is made under this
heading in this Act shall be 100 percent: Provided further, That,
notwithstanding any other provision of law, any funds appropriated
under the heading ‘‘Grants-In-Aid for Airports’’ in Public Law 116136 that are unallocated as of the date of enactment of this Act
shall be added to and allocated under paragraph (1) of this heading
in this Act: Provided further, That any funds obligated under Public
Law 116–136 that are recovered by or returned to the FAA shall
be allocated under paragraph (1) of this heading in this Act: Provided further, That of the amounts appropriated under this heading
in this Act:
(1) Not less than $1,750,000,000 shall be available for
primary airports as defined in section 47102(16) of title 49,
United States Code, and certain cargo airports for costs related
to operations, personnel, cleaning, sanitization, janitorial services, combating the spread of pathogens at the airport, and
debt service payments: Provided, That such funds shall not
be subject to the reduced apportionments of section 47114(f)
of title 49, United States Code: Provided further, That such
funds shall first be apportioned as set forth in sections
47114(c)(1)(A),
47114(c)(1)(C)(i),
47114(c)(1)(C)(ii),
47114(c)(2)(A), 47114(c)(2)(B), and 47114(c)(2)(E) of title 49,
United States Code: Provided further, That there shall be no
maximum apportionment limit: Provided further, That any
remaining funds after such apportionment shall be distributed
to all sponsors of primary airports (as defined in section
47102(16) of title 49, United States Code) based on each such
airport’s passenger enplanements compared to total passenger
enplanements of all airports defined in section 47102(16) of

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Applicability.
Contracts.

PUBL260A

134 STAT. 1940

Apportionment.

Distribution.

Requirements.

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Priority.

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PUBLIC LAW 116–260—DEC. 27, 2020
title 49, United States Code, for the most recent calendar
year enplanements upon which the Secretary has apportioned
funds pursuant to section 47114(c) of title 49, United States
Code;
(2) Not less than $45,000,000 shall be for general aviation
and commercial service airports that are not primary airports
as defined in paragraphs (7), (8), and (16) of section 47102
of title 49, United States Code, for costs related to operations,
personnel, cleaning, sanitization, janitorial services, combating
the spread of pathogens at the airport, and debt service payments: Provided, That not less than $5,000,000 of such funds
shall be available to sponsors of non-primary airports, divided
equally, that participate in the FAA Contract Tower Program
defined in section 47124 of title 49, United States Code, to
cover lawful expenses to support FAA contract tower operations:
Provided further, That the Secretary shall apportion the
remaining funds to each non-primary airport based on the
categories published in the most current National Plan of
Integrated Airport Systems, reflecting the percentage of the
aggregate published eligible development costs for each such
category, and then dividing the allocated funds evenly among
the eligible airports in each category, rounding up to the nearest
thousand dollars: Provided further, That any remaining funds
under this paragraph shall be distributed as described in paragraph (1) under this heading in this Act;
(3) Not less than $200,000,000 shall be available to sponsors of primary airports to provide relief from rent and minimum annual guarantees to on-airport car rental, on-airport
parking, and in-terminal airport concessions (as defined in part
23 of title 49, Code of Federal Regulations) located at primary
airports: Provided, That such funds shall be distributed to
all sponsors of primary airports (as defined in section 47102(16)
of title 49, United States Code) based on each such airport’s
passenger enplanements compared to total passenger
enplanements of all airports defined in section 47102(16) of
title 49, United States Code, for calendar year 2019: Provided
further, That as a condition of approving a grant under this
paragraph, the Secretary shall require the sponsor to provide
such relief from the date of enactment of this Act until the
sponsor has provided relief equaling the total grant amount,
to the extent practicable and to the extent permissible under
state laws, local laws, and applicable trust indentures: Provided
further, That the sponsor shall provide relief from rent and
minimum annual guarantee obligations to each eligible airport
concession in an amount that reflects each eligible airport
concession’s proportional share of the total amount of the rent
and minimum annual guarantees of all the eligible airport
concessions at such airport: Provided further, That, to the
extent permissible under this paragraph, airport sponsors shall
prioritize relief from rent and minimum annual guarantee to
minority-owned businesses: Provided further, That only airport
concessions that have certified they have not received a second
draw or assistance for a covered loan under section 7(a)(37)
of the Small Business Act (15 U.S.C. 636(a)(37)) that has been
applied toward rent or minimum annual guarantee costs shall
be eligible for relief under this paragraph and such concessions
are hereby prohibited from applying for a covered loan under

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1941

such section for rent or minimum annual guarantee costs:
Provided further, That sponsors of primary airports may retain
up to 2 percent of the funds provided under this paragraph
to administer the relief required under this paragraph; and
(4) Up to $5,000,000 shall be available and transferred
to ‘‘Office of the Secretary, Salaries and Expenses’’ to carry
out the Small Community Air Service Development Program:
Provided, That in allocating funding made available in this
or any previous Acts for such program for fiscal years 2019,
2020, and 2021, the Secretary of Transportation shall give
priority to communities or consortia of communities that have
had air carrier service reduced or suspended as a result of
the coronavirus pandemic: Provided further, That the Secretary
shall publish streamlined and expedited procedures for the
solicitation of applications for assistance under this paragraph
not later than 60 days after the date of enactment of this
Act and shall make awards as soon as practicable:
Provided further, That the Administrator of the Federal Aviation
Administration may retain up to 0.1 percent of the funds provided
under this heading in this Act to fund the award and oversight
by the Administrator of grants made under this heading in this
Act: Provided further, That obligations of funds under this heading
in this Act shall not be subject to any limitations on obligations
provided in any Act making annual appropriations: Provided further, That all airports receiving funds under this heading in this
Act shall continue to employ, through February 15, 2021, at least
90 percent of the number of individuals employed (after making
adjustments for retirements or voluntary employee separations)
by the airport as of March 27, 2020: Provided further, That the
Secretary may waive the workforce retention requirement in the
preceding proviso, if the Secretary determines the airport is experiencing economic hardship as a direct result of the requirement,
or the requirement reduces aviation safety or security: Provided
further, That the workforce retention requirement shall not apply
to nonhub airports or nonprimary airports receiving funds under
this heading in this Act: Provided further, That the amounts
repurposed under this heading in this Act that were previously
designated by the Congress as an emergency requirement pursuant
to the Balanced Budget and Emergency Deficit Control Act of
1985 are designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985: Provided further, That such
amount is designated 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.

Time periods.
Priority.

Publication.
Procedures.
Deadline.

Workforce
retention.
Extension date.
Waiver authority.
Determination.

FEDERAL HIGHWAY ADMINISTRATION

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HIGHWAY INFRASTRUCTURE PROGRAMS

For an additional amount for ‘‘Highway Infrastructure Programs’’, $10,000,000,000, to remain available until September 30,
2024, to prevent, prepare for, and respond to coronavirus: Provided,
That the funds made available under this heading in this Act
shall be derived from the general fund of the Treasury, shall be
in addition to any funds provided for fiscal year 2021 in this
or any other Act for ‘‘Federal-aid Highways’’ under chapters 1

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Applicability.

Transfer
authority.

Definition.

Apportionment.

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Apportionment.
Deadline.

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PUBLIC LAW 116–260—DEC. 27, 2020

or 2 of title 23, United States Code, and shall not affect the
distribution or amount of funds provided in the Transportation,
Housing and Urban Development, and Related Agencies Appropriations Act, 2021, or any other Act: Provided further, That section
1101(b) of Public Law 114–94 shall apply to funds made available
under this heading in this Act: Provided further, That notwithstanding chapter 1 or chapter 2 of title 23, United States Code,
or any other provision of law, in addition to other eligible uses
described under this heading in this Act, a State, territory, Puerto
Rico, or Indian Tribe may use funds made available under this
heading in this Act for costs related to preventive maintenance,
routine maintenance, operations, personnel, including salaries of
employees (including those employees who have been placed on
administrative leave) or contractors, debt service payments, availability payments, and coverage for other revenue losses: Provided
further, That a State, territory, Puerto Rico, or Indian Tribe may
transfer funds made available under this heading in this Act to
State, multi-state, international, or local public tolling agencies
that own or operate a tolled facility that is a public road, bridge,
or tunnel, or a ferry system that provides a public transportation
benefit, and that was in operation within their State in fiscal
year 2020: Provided further, That funds transferred pursuant to
the preceding proviso may be used for costs related to operations,
personnel, including salaries of employees (including those
employees who have been placed on administrative leave) or contractors, debt service payments, availability payments, and coverage
for other revenue losses of a tolled facility or ferry system, and
that, notwithstanding the previous receipt of Federal funds for
such tolled facility or ferry system, for funds made available under
this heading in this Act, the limitations on the use of revenues
in subsections (a)(3) and (c)(4) of section 129 of title 23, United
States Code, shall not apply with respect to the tolled facilities
or ferry systems for which funding is transferred pursuant to the
preceding proviso: Provided further, That of the funds made available under this heading in this Act, $9,840,057,332 shall be available for activities eligible under section 133(b) of title 23, United
States Code, $114,568,862 shall be available for activities eligible
under the Tribal Transportation Program, as described in section
202 of such title, $35,845,307 shall be available for activities eligible
under the Puerto Rico Highway Program, as described in section
165(b)(2)(C)(iii) of such title; and $9,528,499 shall be available
for activities eligible under the Territorial Highway Program, as
described in section 165(c)(6) of such title: Provided further, That
for the purposes of funds made available under this heading in
this Act the term ‘‘State’’ means any of the 50 States or the District
of Columbia: Provided further, That, except as otherwise provided
under this heading in this Act, the funds made available under
this heading in this Act shall be administered as if apportioned
under chapter 1 of title 23, United States Code, except that the
funds made available under this heading in this Act for activities
eligible under the Tribal Transportation Program shall be administered as if allocated under chapter 2 of title 23, United States
Code: Provided further, That the funds made available under this
heading in this Act for activities eligible under section 133(b) of
title 23, United States Code, shall be apportioned to the States
in the same ratio as the obligation limitation for fiscal year 2021
is distributed among the States in accordance with the formula

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1943

specified in section 120(a)(5) of the Transportation, Housing and
Urban Development, and Related Agencies Appropriations Act, 2021
and shall be apportioned not later than 30 days after the date
of enactment of this Act: Provided further, That funds apportioned
to a State under this heading in this Act shall be suballocated
within the State to each area described in subsection 133(d)(1)(A)(i)
of title 23, United States Code, in the same ratio that funds suballocated to that area for fiscal year 2021 bears to the combined
amount of funds apportioned to the State under section 104(b)(2)
of such title for fiscal years 2020 and 2021: Provided further, That
of funds made available under this heading in this Act for activities
eligible under section 133(b) of title 23, United States Code, any
such activity shall be subject to the requirements of section 133(i)
of title 23, United States Code: Provided further, That, except
as provided in the following proviso, the funds made available
under this heading in this Act for activities eligible under the
Puerto Rico Highway Program and activities eligible under the
Territorial Highway Program shall be administered as if allocated
under sections 165(b) and 165(c), respectively, of title 23, United
States Code: Provided further, That the funds made available under
this heading in this Act for activities eligible under the Puerto
Rico Highway Program shall not be subject to the requirements
of sections 165(b)(2)(A) or 165(b)(2)(B) of title 23, United States
Code: Provided further, That for amounts made available under
this heading in this Act, the Federal share of the costs shall be,
at the option of the State, territory, Puerto Rico, or Indian Tribe,
up to 100 percent: Provided further, That funds made available
for preventive maintenance, routine maintenance, operations, personnel, including salaries of employees (including those employees
who have been placed on administrative leave) or contractors, debt
service payments, availability payments, and coverage for other
revenue losses under this heading in this Act are not required
to be included in a metropolitan transportation plan, a long-range
statewide transportation plan, a transportation improvement program or a statewide transportation improvement program under
sections 134 or 135 of title 23, United States Code, or chapter
53 of title 49, United States Code, as applicable: Provided further,
That unless otherwise specified, applicable requirements under title
23, United States Code, shall apply to funds made available under
this heading in this Act: Provided further, That, subject to the
following proviso, the funds made available under this heading
in this Act for activities eligible under the Tribal Transportation
Program, as described in section 202 of title 23, United States
Code, may not be set-aside for administrative expenses as described
in section 202(a)(6) of such title: Provided further, That the Administrator of the Federal Highway Administration may retain up to
$10,000,000 of the total funds made available under this heading
in this Act, to fund the oversight by the Administrator of activities
carried out with funds made available under this heading in this
Act: Provided further, That the set-asides described in subparagraph
(C) of section 202(b)(3) of title 23, United States Code, and subsections (a)(6), (c), (d), and (e) of section 202 of such title shall
not apply to funds made available under this heading in this Act
for activities eligible under the Tribal Transportation Program:
Provided further, That such amount is designated by the Congress
as being for an emergency requirement pursuant to section

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Suballocations.

Allocation.

Applicability.

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PUBLIC LAW 116–260—DEC. 27, 2020

251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
FEDERAL RAILROAD ADMINISTRATION
NORTHEAST CORRIDOR GRANTS TO THE NATIONAL RAILROAD
PASSENGER CORPORATION
(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Northeast Corridor Grants to
the National Railroad Passenger Corporation’’, $655,431,000, to
remain available until expended, to prevent, prepare for, and
respond to coronavirus, including to enable the Secretary of
Transportation to make or amend existing grants to the National
Railroad Passenger Corporation for activities associated with the
Northeast Corridor, as authorized by section 11101(a) of the Fixing
America’s Surface Transportation Act (division A of Public Law
114–94): Provided, That not less than $109,805,000 of the amounts
made available under this heading in this Act and the ‘‘National
Network Grants to the National Railroad Passenger Corporation’’
heading in this Act shall be made available for use by the National
Railroad Passenger Corporation in lieu of capital payments from
States and commuter rail passenger transportation providers subject to the cost allocation policy developed pursuant to section
24905(c) of title 49, United States Code: Provided further, That,
notwithstanding sections 24319(g) and 24905(c)(1)(A)(i) of title 49,
United States Code, such use of funds does not constitute crosssubsidization of commuter rail passenger transportation: Provided
further, That the Secretary may retain up to $2,030,000 of the
amounts made available under both this heading in this Act and
the ‘‘National Network Grants to the National Railroad Passenger
Corporation’’ heading in this Act to fund the costs of project management and oversight of activities authorized by section 11101(c)
of the Fixing America’s Surface Transportation Act (division A
of Public Law 114–94): Provided further, That amounts made available under this heading in this Act may be transferred to and
merged with amounts made available under the heading ‘‘National
Network Grants to the National Railroad Passenger Corporation’’
in this Act to prevent, prepare for, and respond to coronavirus:
Provided further, That such amount is designated 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.
NATIONAL NETWORK GRANTS TO THE NATIONAL RAILROAD PASSENGER
CORPORATION

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(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘National Network Grants to
the National Railroad Passenger Corporation’’, $344,569,000, to
remain available until expended, to prevent, prepare for, and
respond to coronavirus, including to enable the Secretary of
Transportation to make or amend existing grants to the National
Railroad Passenger Corporation for activities associated with the
National Network as authorized by section 11101(b) of the Fixing
America’s Surface Transportation Act (division A of Public Law

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1945

114–94): Provided, That $174,850,000 of the amounts made available under this heading in this Act shall be made available for
use by the National Railroad Passenger Corporation to be apportioned toward State payments required by the cost methodology
policy adopted pursuant to section 209 of the Passenger Rail Investment and Improvement Act of 2008 (Public Law 110–432): Provided
further, That a State-supported route’s share of such funding under
the preceding proviso shall consist of (1) 7 percent of the costs
allocated to the route in fiscal year 2019 under the cost methodology
policy adopted pursuant to section 209 of the Passenger Rail Investment and Improvement Act of 2008 (Public Law 110–432), and
(2) any remaining amounts under the preceding proviso shall be
apportioned to a route in proportion to its passenger revenue and
other revenue allocated to a State-supported route in fiscal year
2019 divided by the total passenger revenue and other revenue
allocated to all State-supported routes in fiscal year 2019: Provided
further, That State-supported routes which terminated service on
or before February 1, 2020, shall not be included in the cost and
revenue calculations made pursuant to the preceding proviso: Provided further, That amounts made available under this heading
in this Act may be transferred to and merged with amounts made
available under the heading ‘‘Northeast Corridor Grants to the
National Railroad Passenger Corporation’’ in this Act to prevent,
prepare for, and respond to coronavirus: Provided further, That
such amount is designated 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.

Apportionment.

FEDERAL TRANSIT ADMINISTRATION

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TRANSIT INFRASTRUCTURE GRANTS

For an additional amount for ‘‘Transit Infrastructure Grants’’,
$14,000,000,000, to remain available until expended, to prevent,
prepare for, and respond to coronavirus: Provided, That of the
amounts appropriated under this heading in this Act—
(1) $13,271,310,572 shall be for grants to recipients eligible
under chapter 53 of title 49, United States Code, and administered as if such funds were provided under section 5307 of
title 49, United States Code (apportioned in accordance with
section 5336 of such title (other than subsections (h)(1) and
(h)(4))), and section 5337 of title 49, United States Code (apportioned in accordance with such section), except that funds
apportioned under section 5337 shall be added to funds apportioned under 5307 for administration under 5307: Provided,
That the Secretary of Transportation (referred to under this
heading in this Act as the ‘‘Secretary’’) shall allocate the
amounts provided in the preceding proviso under sections 5307
and 5337 of title 49, United States Code, in the same ratio
as funds were provided under the Further Consolidated Appropriations Act, 2020 (Public Law 116–94; 133 Stat. 2534) and
shall allocate such amounts not later than 30 days after the
date of enactment of this Act: Provided further, That the
amounts allocated to any urbanized area from amounts made
available under this paragraph in this Act when combined
with the amounts allocated to that urbanized area from funds
appropriated under this heading in title XII of division B of

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Apportionment.

Allocation.
Deadline.

PUBL260A

134 STAT. 1946

Distribution.

Apportionment.

Allocation.
Deadline.

Allocation.
Deadline.

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Distribution.

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PUBLIC LAW 116–260—DEC. 27, 2020
the CARES Act (Public Law 116–136; 134 Stat. 599)) may
not exceed 75 percent of that urbanized area’s 2018 operating
costs based on data contained in the National Transit Database:
Provided further, That for any urbanized area for which the
calculation in the preceding proviso exceeds 75 percent of the
urbanized area’s 2018 operating costs, the Secretary shall distribute funds in excess of such percent to urbanized areas
for which the calculation in the preceding proviso does not
exceed 75 percent, in the same proportion as amounts allocated
under the first proviso of this paragraph in this Act: Provided
further, That no recipient in an urbanized area may receive
more than $4,000,000,000 from the amounts allocated under
this paragraph in this Act in combination with the amounts
provided under this heading in title XII of division B of the
CARES Act (Public Law 116–136; 134 Stat. 599) until 75 percent of the funds provided to the recipient under this heading
in such title XII are obligated and only after the recipient
certifies to the Secretary that the use of such funds in excess
of such amount is necessary to prevent layoffs or furloughs
directly related to demonstrated revenue losses directly attributable to COVID–19;
(2) $50,034,973 shall be for grants to recipients or subrecipients eligible under section 5310 of title 49, United States Code,
and the Secretary shall apportion such funds in accordance
with such section: Provided, That the Secretary shall allocate
such funds in the same ratio as funds were provided under
the Further Consolidated Appropriations Act, 2020 (Public Law
116–94; 133 Stat. 2534) and shall allocate such funds not
later than 30 days after the date of enactment of this Act;
and
(3) $678,654,455 shall be for grants to recipients or subrecipients eligible under section 5311 of title 49, United States
Code (other than subsections (b)(3), (c)(1)(A), and (f)), and the
Secretary shall apportion such funds in accordance with such
section: Provided, That the Secretary shall allocate such funds
in the same ratio as funds were provided under the Further
Consolidated Appropriations Act, 2020 (Public Law 116–94;
133 Stat. 2534) and shall allocate funds within 30 days of
enactment of this Act: Provided further, That the amounts
allocated to any State (as defined in section 5302 of title 49,
United States Code) for rural operating costs from amounts
made available under this heading in this Act when combined
with the amounts allocated to each such State for rural operating costs from funds appropriated under this heading in
title XII of division B of the CARES Act (Public Law 116–
136; 134 Stat. 599) may not exceed 125 percent of that State’s
combined 2018 rural operating costs of the recipients and subrecipients in the State based on data contained in the National
Transit Database: Provided further, That for any State for
which the calculation in the preceding proviso exceeds 125
percent of the State’s combined 2018 rural operating costs
of the recipients and subrecipients in the State, the Secretary
shall distribute funds in excess of such percent to States for
which the calculation in the preceding proviso does not exceed
125 percent in the same proportion as amounts allocated under
the first proviso of this paragraph in this Act:

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1947

Provided further, That the Secretary shall not waive the requirements of section 5333 of title 49, United States Code, for funds
appropriated under this heading in this Act or for funds previously
made available under section 5307 of title 49, United States Code,
or section 5311, 5337, or 5340 of such title as a result of COVID–
19: Provided further, That the provision of funds under this heading
in this Act shall not affect the ability of any other agency of
the Government, including the Federal Emergency Management
Agency, a State agency, or a local governmental entity, organization,
or person, to provide any other funds otherwise authorized by
law: Provided further, That notwithstanding subsection (a)(1) or
(b) of section 5307 of title 49, United States Code, section
5310(b)(2)(A) of that title, or any provision of chapter 53 of that
title, funds provided under this heading in this Act are available
for the operating expenses of transit agencies related to the response
to a COVID–19 public health emergency, including, beginning on
January 20, 2020, reimbursement for operating costs to maintain
service and lost revenue due to the COVID–19 public health emergency, including the purchase of personal protective equipment,
and paying the administrative leave of operations or contractor
personnel due to reductions in service: Provided further, That to
the maximum extent possible, funds made available under this
heading in this Act and in title XII of division B of the CARES
Act (Public Law 116–136; 134 Stat. 599) shall be directed to payroll
and operations of public transit (including payroll and expenses
of private providers of public transportation), unless the recipient
certifies to the Secretary that the recipient has not furloughed
any employees: Provided further, That such operating expenses
are not required to be included in a transportation improvement
program, long-range transportation plan, statewide transportation
plan, or a statewide transportation improvement program: Provided
further, That private providers of public transportation shall be
considered eligible subrecipients of funding provided under this
heading in this Act and in title XII of division B of the CARES
Act (Public Law 116–136; 134 Stat. 599): Provided further, That
unless otherwise specified, applicable requirements under chapter
53 of title 49, United States Code, shall apply to funding made
available under this heading in this Act, except that the Federal
share of the costs for which any grant is made under this heading
in this Act shall be, at the option of the recipient, up to 100
percent: Provided further, That the amount made available under
this heading in this Act shall be derived from the general fund
of the Treasury and shall not be subject to any limitation on
obligations for transit programs set forth in any Act: Provided
further, That the Federal share of costs for any unobligated grant
funds under section 5310 of title 49, United States Code, as of
the date of enactment of this Act shall be, at the option of the
recipient, up to 100 percent: Provided further, That of the amounts
made available under this heading in this Act, up to $10,000,000
may be retained by the Administrator of the Federal Transit
Administration to fund ongoing program management and oversight
activities described in sections 5334 and 5338(f)(2) of title 49, United
States Code, and shall be in addition to any other appropriations
for such purpose: Provided further, That the amounts repurposed
under this heading in this Act that were previously designated
by the Congress as an emergency requirement pursuant to the
Balanced Budget and Emergency Deficit Control Act of 1985 are

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Effective date.
Reimbursements.

Certification.

Eligibility.

Applicability.

PUBL260A

134 STAT. 1948

PUBLIC LAW 116–260—DEC. 27, 2020

designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985: Provided further, That such amount
is designated 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.
GENERAL PROVISION—THIS TITLE

Furloughs.

SEC. 401. Amounts made available in this Act under the
headings ‘‘Northeast Corridor Grants to the National Railroad Passenger Corporation’’ and ‘‘National Network Grants to the National
Railroad Passenger Corporation’’ shall be used under the same
conditions as section 22002 of title XII of division B of the
Coronavirus Aid, Relief, and Economic Security Act (Public Law
116–136), except as otherwise noted in this Act: Provided, That
the amounts made available in this Act under such headings shall
be used by the National Railroad Passenger Corporation, to: (1)
prevent further employee furloughs that are a result of efforts
to prevent, prepare for, and respond to coronavirus; and (2) prevent
further reductions to the frequency of rail service on any longdistance route (as defined in section 24102 of title 49, United
States Code) except in an emergency or during maintenance or
construction outages impacting such routes: Provided further, That
the coronavirus shall not qualify as an emergency in the preceding
proviso: Provided further, That in the event of any National Railroad
Passenger Corporation employee furloughs as a result of efforts
to prevent, prepare for, and respond to coronavirus, the National
Railroad Passenger Corporation shall provide such employees the
opportunity to be recalled to work in accordance with their seniority
and classification of work, regardless of their time in the National
Railroad Passenger Corporation’s service, as intercity passenger
rail service is restored: Provided further, That the National Railroad
Passenger Corporation shall be prohibited from contracting out
any scope-covered work conducted by an employee who was furloughed through reductions in the workforce as a result of efforts
to prevent, prepare for, and respond to coronavirus, unless such
contracting was in place prior to March 1, 2020 or is done by
agreement with the Labor Organization representing such
employee.
TITLE V

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GENERAL PROVISIONS—THIS ACT

President.

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SEC. 501. Each amount appropriated or made available by
this Act is in addition to amounts otherwise appropriated for the
fiscal year involved.
SEC. 502. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
SEC. 503. Unless otherwise provided for by this Act, the additional amounts appropriated by this Act to appropriations accounts
shall be available under the authorities and conditions applicable
to such appropriations accounts for fiscal year 2021.
SEC. 504. Any amount appropriated by this Act, designated
by the Congress as an emergency requirement pursuant to section

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1949

251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 and subsequently so designated by the President,
and transferred pursuant to transfer authorities provided by this
Act shall retain such designation.
SEC. 505. Solely for the purpose of calculating a breach within
a category for fiscal year 2021 pursuant to section 251(a) or section
254 of the Balanced Budget and Emergency Deficit Control Act
of 1985, and notwithstanding any other provision of this division,
the budgetary effects from this division shall be counted as amounts
designated as being for an emergency requirement pursuant to
section 251(b)(2)(A) of such Act.
This division may be cited as the ‘‘Coronavirus Response and
Relief Supplemental Appropriations Act, 2021’’.

DIVISION N—ADDITIONAL
CORONAVIRUS RESPONSE AND RELIEF
TITLE I—HEALTHCARE

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SEC. 101. SUPPORTING PHYSICIANS AND OTHER PROFESSIONALS IN
ADJUSTING TO MEDICARE PAYMENT CHANGES DURING
2021.

(a) IN GENERAL.—Section 1848 of the Social Security Act (42
U.S.C. 1395w–4) is amended by adding at the end the following
new subsection:
‘‘(t) SUPPORTING PHYSICIANS AND OTHER PROFESSIONALS IN
ADJUSTING TO MEDICARE PAYMENT CHANGES DURING 2021.—
‘‘(1) IN GENERAL.—In order to support physicians and other
professionals in adjusting to changes in payment for physicians’
services during 2021, the Secretary shall increase fee schedules
under subsection (b) that establish payment amounts for such
services furnished on or after January 1, 2021, and before
January 1, 2022, by 3.75 percent.
‘‘(2) IMPLEMENTATION.—
‘‘(A) ADMINISTRATION.—Notwithstanding any other
provision of law, the Secretary may implement this subsection by program instruction or otherwise.
‘‘(B) LIMITATION.—There shall be no administrative or
judicial review under section 1869, 1878 or otherwise of
the fee schedules that establish payment amounts calculated pursuant to this subsection.
‘‘(C) APPLICATION ONLY FOR 2021.—The increase in fee
schedules that establish payment amounts under this subsection shall not be taken into account in determining
such fee schedules that establish payment amounts for
services furnished in years after 2021.
‘‘(3) FUNDING.—For purposes of increasing the fee schedules
that establish payment amounts pursuant to this subsection—
‘‘(A) there shall be transferred from the General Fund
of the Treasury to the Federal Supplementary Medical
Insurance Trust Fund under section 1841, $3,000,000,000,
to remain available until expended; and
‘‘(B) in the event the Secretary determines additional
amounts are necessary, such amounts shall be available

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Fee schedules.

Time period.

Determination.

Transfer
authority.

Determination.

PUBL260A

134 STAT. 1950

PUBLIC LAW 116–260—DEC. 27, 2020

from the Federal Supplementary Medical Insurance Trust
Fund.’’.
(b) EXEMPTION OF ADDITIONAL EXPENDITURES FROM PHYSICIAN
FEE SCHEDULE BUDGET-NEUTRALITY.—Such section 1848 is
amended, in subsection (c)(2)(B)(iv)—
(1) in subclause (III), by striking ‘‘and’’ at the end;
(2) in subclause (IV), by striking the period at the end
and inserting ‘‘; and’’; and
(3) by adding at the end the following new subclause:
‘‘(V) subsection (t) shall not be taken into
account in applying clause (ii)(II) for 2021.’’.
(c) REPORT.—Not later than April 1, 2022, the Secretary of
Health and Human Services shall submit a report to the Committee
on Finance of the Senate and the Committee on Ways and Means
and the Committee on Energy and Commerce of the House of
Representatives on the increase in fee schedules that establish
payment amounts for physicians’ services under section 1848(t)
of the Social Security Act, as added by subsection (a). Such report
shall include the aggregate amount of the increase in payment
amounts under such section, including information regarding any
payments made in excess of the amount of funding provided under
paragraph (3)(A) of such section.
SEC. 102. EXTENSION OF TEMPORARY SUSPENSION OF MEDICARE
SEQUESTRATION.
Ante, p. 421.
2 USC 901a note.

(a) IN GENERAL.—Section 3709(a) of division A of the CARES
Act (2 U.S.C. 901a note) is amended by striking ‘‘December 31,
2020’’ and inserting ‘‘March 31, 2021’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect as if enacted as part of the CARES Act (Public
Law 116–136).

TITLE II—ASSISTANCE TO INDIVIDUALS,
FAMILIES, AND BUSINESSES
Subtitle A—Unemployment Insurance
Continued
Assistance for
Unemployed
Workers Act of
2020.
15 USC 9001
note.

CHAPTER 1—CONTINUED ASSISTANCE TO
UNEMPLOYED WORKERS
SEC. 200. SHORT TITLE.

This chapter may be cited as the ‘‘Continued Assistance for
Unemployed Workers Act of 2020’’.
Subchapter I—Extension of CARES Act Unemployment
Provisions
SEC. 201. EXTENSION AND BENEFIT PHASEOUT RULE FOR PANDEMIC
UNEMPLOYMENT ASSISTANCE.

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Ante, p. 313.

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(a) IN GENERAL.—Section 2102(c) of the CARES Act (15 U.S.C.
9021(c)) is amended—
(1) in paragraph (1)—
(A) by striking ‘‘paragraph (2)’’ and inserting ‘‘paragraphs (2) and (3)’’; and
(B) in subparagraph (A)(ii), by striking ‘‘December 31,
2020’’ and inserting ‘‘March 14, 2021’’; and

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134 STAT. 1951

(2) by redesignating paragraph (3) as paragraph (4); and
(3) by inserting after paragraph (2) the following:
‘‘(3) TRANSITION RULE FOR INDIVIDUALS REMAINING ENTI-

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TLED TO PANDEMIC UNEMPLOYMENT ASSISTANCE AS OF MARCH
14, 2021.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), in the

case of any individual who, as of the date specified in
paragraph (1)(A)(ii), is receiving pandemic unemployment
assistance but has not yet exhausted all rights to such
assistance under this section, pandemic unemployment
assistance shall continue to be payable to such individual
for any week beginning on or after such date for which
the individual is otherwise eligible for pandemic unemployment assistance.
‘‘(B) TERMINATION.—Notwithstanding any other provision of this subsection, no pandemic unemployment assistance shall be payable for any week beginning after April
5, 2021.’’.
(b) INCREASE IN NUMBER OF WEEKS.—Section 2102(c)(2) of the
CARES Act (15 U.S.C. 9021(c)(2)) is amended—
(1) by striking ‘‘39 weeks’’ and inserting ‘‘50 weeks’’; and
(2) by striking ‘‘39-week period’’ and inserting ‘‘50-week
period’’.
(c) APPEALS.—
(1) IN GENERAL.—Section 2102(c) of the CARES Act (15
U.S.C. 9021(c)), as amended by subsections (a) and (b), is
amended by adding at the end the following:
‘‘(5) APPEALS BY AN INDIVIDUAL.—
‘‘(A) IN GENERAL.—An individual may appeal any determination or redetermination regarding the rights to pandemic unemployment assistance under this section made
by the State agency of any of the States.
‘‘(B) PROCEDURE.—All levels of appeal filed under this
paragraph in the 50 states, the District of Columbia, the
Commonwealth of Puerto Rico, and the Virgin Islands—
‘‘(i) shall be carried out by the applicable State
that made the determination or redetermination; and
‘‘(ii) shall be conducted in the same manner and
to the same extent as the applicable State would conduct appeals of determinations or redeterminations
regarding rights to regular compensation under State
law.
‘‘(C) PROCEDURE FOR CERTAIN TERRITORIES.—With
respect to any appeal filed in Guam, American Samoa,
the Commonwealth of the Northern Mariana Islands, the
Federated States of Micronesia, Republic of the Marshall
Islands, and the Republic of Palau—
‘‘(i) lower level appeals shall be carried out by
the applicable entity within the State;
‘‘(ii) if a higher level appeal is allowed by the
State, the higher level appeal shall be carried out
by the applicability entity within the State; and
‘‘(iii) appeals described in clauses (i) and (ii) shall
be conducted in the same manner and to the same
extent as appeals of regular unemployment compensation are conducted under the unemployment compensation law of Hawaii.’’.

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134 STAT. 1952
15 USC 9021
note.

Requirement.
Determination.

Determination.
15 USC 9021
note.

Applicability.
15 USC 9021
note.

Applicability.
15 USC 9021
note.

PUBLIC LAW 116–260—DEC. 27, 2020

(2) EFFECTIVE DATE.—The amendment made by paragraph
(1) shall take effect as if enacted as part of division A of
the CARES Act (Public Law 116–136), except that any decision
issued on appeal or review before the date of enactment of
this Act shall not be affected by the amendment made by
paragraph (1).
(d) WAIVER AUTHORITY FOR CERTAIN OVERPAYMENTS OF PANDEMIC UNEMPLOYMENT ASSISTANCE.—Section 2102(d) of the CARES
Act (15 U.S.C. 9021(d)) is amended by adding at the end the
following:
‘‘(4) WAIVER AUTHORITY.—In the case of individuals who
have received amounts of pandemic unemployment assistance
to which they were not entitled, the State shall require such
individuals to repay the amounts of such pandemic unemployment assistance to the State agency, except that the State
agency may waive such repayment if it determines that—
‘‘(A) the payment of such pandemic unemployment
assistance was without fault on the part of any such individual; and
‘‘(B) such repayment would be contrary to equity and
good conscience.’’.
(e) HOLD HARMLESS FOR PROPER ADMINISTRATION.—In the case
of an individual who is eligible to receive pandemic unemployment
assistance under section 2102 the CARES Act (15 U.S.C. 9021)
as of the day before the date of enactment of this Act and on
the date of enactment of this Act becomes eligible for pandemic
emergency unemployment compensation under section 2107 of the
CARES Act (15 U.S.C. 9025) by reason of the amendments made
by section 206(b) of this subtitle, any payment of pandemic
unemployment assistance under such section 2102 made after the
date of enactment of this Act to such individual during an appropriate period of time, as determined by the Secretary of Labor,
that should have been made under such section 2107 shall not
be considered to be an overpayment of assistance under such section
2102, except that an individual may not receive payment for assistance under section 2102 and a payment for assistance under section
2107 for the same week of unemployment.
(f) LIMITATION.—In the case of a covered individual whose
first application for pandemic unemployment assistance under section 2102 of the CARES Act (15 U.S.C. 9021) is filed after the
date of enactment of this Act, subsection (c)(1)(A)(i) of such section
2102 shall be applied by substituting ‘‘December 1, 2020’’ for
‘‘January 27, 2020’’.
(g) EFFECTIVE DATE.—The amendments made by subsections
(a), (b), (c), and (d) shall apply as if included in the enactment
of the CARES Act (Public Law 116–136), except that no amount
shall be payable by virtue of such amendments with respect to
any week of unemployment commencing before the date of the
enactment of this Act.

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SEC. 202. EXTENSION OF EMERGENCY UNEMPLOYMENT RELIEF FOR
GOVERNMENTAL ENTITIES AND NONPROFIT ORGANIZATIONS.

Section 903(i)(1)(D) of the Social Security Act (42 U.S.C.
1103(i)(1)(D)) is amended by striking ‘‘December 31, 2020’’ and
inserting ‘‘March 14, 2021’’.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1953

SEC. 203. EXTENSION OF FEDERAL PANDEMIC UNEMPLOYMENT COMPENSATION.

(a) IN GENERAL.—Section 2104(e) of the CARES Act (15 U.S.C.
9023(e)) is amended to read as follows:
‘‘(e) APPLICABILITY.—An agreement entered into under this section shall apply—
‘‘(1) to weeks of unemployment beginning after the date
on which such agreement is entered into and ending on or
before July 31, 2020; and
‘‘(2) to weeks of unemployment beginning after December
26, 2020 (or, if later, the date on which such agreement is
entered into), and ending on or before March 14, 2021.’’.
(b) AMOUNT.—
(1) IN GENERAL.—Section 2104(b) of the CARES Act (15
U.S.C. 9023(b)) is amended—
(A) in paragraph (1)(B), by striking ‘‘of $600’’ and
inserting ‘‘equal to the amount specified in paragraph (3)’’;
and
(B) by adding at the end the following new paragraph:
‘‘(3) AMOUNT OF FEDERAL PANDEMIC UNEMPLOYMENT COMPENSATION.—
‘‘(A) IN GENERAL.—The amount specified in this paragraph is the following amount:
‘‘(i) For weeks of unemployment beginning after
the date on which an agreement is entered into under
this section and ending on or before July 31, 2020,
$600.
‘‘(ii) For weeks of unemployment beginning after
December 26, 2020 (or, if later, the date on which
such agreement is entered into), and ending on or
before March 14, 2021, $300.’’.
(2) TECHNICAL AMENDMENT REGARDING APPLICATION TO
SHORT-TIME COMPENSATION PROGRAMS AND AGREEMENTS.—Section 2104(i)(2) of the CARES Act (15 U.S.C. 9023(i)(2)) is
amended—
(A) in subparagraph (C), by striking ‘‘and’’ at the end;
(B) in subparagraph (D), by striking the period at
the end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(E) short-time compensation under a short-time compensation program (as defined in section 3306(v) of the
Internal Revenue Code of 1986).’’.

Time periods.

Time periods.

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SEC. 204. EXTENSION OF FEDERAL FUNDING OF THE FIRST WEEK
OF COMPENSABLE REGULAR UNEMPLOYMENT FOR
STATES WITH NO WAITING WEEK.

Section 2105 of the CARES Act (15 U.S.C. 9024) is amended—
(1) in subsection (c)—
(A) in paragraph (1), by striking ‘‘There shall be paid’’
and inserting ‘‘Except as provided in paragraph (3), there
shall be paid’’; and
(B) by adding at the end the following:
‘‘(3) PARTIAL REIMBURSEMENT.—With respect to compensation paid to individuals for weeks of unemployment ending
after December 31, 2020, paragraph (1) shall be applied by
substituting ‘50 percent’ for ‘100 percent’.’’; and

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Applicability.

PUBL260A

134 STAT. 1954

PUBLIC LAW 116–260—DEC. 27, 2020
(2) in subsection (e)(2), by striking ‘‘December 31, 2020’’
and inserting ‘‘March 14, 2021’’.

SEC. 205. EXTENSION OF EMERGENCY STATE STAFFING FLEXIBILITY.

Section 4102(b) of the Families First Coronavirus Response
Act (26 U.S.C. 3304 note), in the second sentence, is amended
by striking ‘‘December 31, 2020’’ and inserting ‘‘March 14, 2021’’.
SEC. 206. EXTENSION AND BENEFIT PHASEOUT RULE FOR PANDEMIC
EMERGENCY UNEMPLOYMENT COMPENSATION.

(a) IN GENERAL.—Section 2107(g) of the CARES Act (15 U.S.C.
9025(g)) is amended to read as follows:
‘‘(g) APPLICABILITY.—
‘‘(1) IN GENERAL.—Except as provided in paragraphs (2)
and (3), an agreement entered into under this section shall
apply to weeks of unemployment—
‘‘(A) beginning after the date on which such agreement
is entered into; and
‘‘(B) ending on or before March 14, 2021.
‘‘(2) TRANSITION RULE FOR INDIVIDUALS REMAINING ENTI-

Time period.

TLED TO PANDEMIC EMERGENCY UNEMPLOYMENT COMPENSATION
AS OF MARCH 14, 2021.—In the case of any individual who,

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Determination.

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as of the date specified in paragraph (1)(B), is receiving Pandemic Emergency Unemployment Compensation but has not
yet exhausted all rights to such assistance under this section,
Pandemic Emergency Unemployment Compensation shall continue to be payable to such individual for any week beginning
on or after such date for which the individual is otherwise
eligible for Pandemic Emergency Unemployment Compensation.
‘‘(3) TERMINATION.—Notwithstanding any other provision
of this subsection, no Pandemic Emergency Unemployment
Compensation shall be payable for any week beginning after
April 5, 2021.’’.
(b) INCREASE IN NUMBER OF WEEKS.—Section 2107(b)(2) of
the CARES Act (15 U.S.C. 9025(b)(2)) is amended by striking ‘‘13’’
and inserting ‘‘24’’.
(c) COORDINATION RULES.—
(1) COORDINATION OF PANDEMIC EMERGENCY UNEMPLOYMENT COMPENSATION WITH REGULAR COMPENSATION.—Section
2107(b) of the CARES Act (15 U.S.C. 9025(b)) is amended
by adding at the end the following:
‘‘(4) COORDINATION OF PANDEMIC EMERGENCY UNEMPLOYMENT COMPENSATION WITH REGULAR COMPENSATION.—
‘‘(A) IN GENERAL.—If—
‘‘(i) an individual has been determined to be entitled to pandemic emergency unemployment compensation with respect to a benefit year;
‘‘(ii) that benefit year has expired;
‘‘(iii) that individual has remaining entitlement
to pandemic emergency unemployment compensation
with respect to that benefit year; and
‘‘(iv) that individual would qualify for a new benefit
year in which the weekly benefit amount of regular
compensation is at least $25 less than the individual’s
weekly benefit amount in the benefit year referred
to in clause (i),
then the State shall determine eligibility for compensation
as provided in subparagraph (B).

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1955

‘‘(B) DETERMINATION OF ELIGIBILITY.—For individuals
described in subparagraph (A), the State shall determine
whether the individual is to be paid pandemic emergency
unemployment compensation or regular compensation for
a week of unemployment using one of the following
methods:
‘‘(i) The State shall, if permitted by State law,
establish a new benefit year, but defer the payment
of regular compensation with respect to that new benefit year until exhaustion of all pandemic emergency
unemployment compensation payable with respect to
the benefit year referred to in subparagraph (A)(i).
‘‘(ii) The State shall, if permitted by State law,
defer the establishment of a new benefit year (which
uses all the wages and employment which would have
been used to establish a benefit year but for the
application of this subparagraph), until exhaustion of
all pandemic emergency unemployment compensation
payable with respect to the benefit year referred to
in subparagraph (A)(i).
‘‘(iii) The State shall pay, if permitted by State
law—
‘‘(I) regular compensation equal to the weekly
benefit amount established under the new benefit
year; and
‘‘(II) pandemic emergency unemployment compensation equal to the difference between that
weekly benefit amount and the weekly benefit
amount for the expired benefit year.
‘‘(iv) The State shall determine rights to pandemic
emergency unemployment compensation without
regard to any rights to regular compensation if the
individual elects to not file a claim for regular compensation under the new benefit year.’’.
(2) COORDINATION OF PANDEMIC EMERGENCY UNEMPLOYMENT COMPENSATION WITH EXTENDED COMPENSATION.—
(A) INDIVIDUALS RECEIVING EXTENDED COMPENSATION
AS OF THE DATE OF ENACTMENT.—Section 2107(a)(5) of the
CARES Act (15 U.S.C. 9025(a)(5)) is amended—
(i) by striking ‘‘RULE.—An agreement’’ and
inserting the following: ‘‘RULES.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), an
agreement’’; and
(ii) by adding at the end the following:
‘‘(B) SPECIAL RULE.—In the case of an individual who
is receiving extended compensation under the State law
for the week that includes the date of enactment of this
subparagraph (without regard to the amendments made
by subsections (a) and (b) of section 206 of the Continued
Assistance for Unemployed Workers Act of 2020), such
individual shall not be eligible to receive pandemic emergency unemployment compensation by reason of such
amendments until such individual has exhausted all rights
to such extended benefits.’’.
(B) ELIGIBILITY FOR EXTENDED COMPENSATION.—Section 2107(a) of the CARES Act (15 U.S.C. 9025(a)) is
amended by adding at the end the following:

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134 STAT. 1956

PUBLIC LAW 116–260—DEC. 27, 2020
‘‘(8) SPECIAL RULE FOR EXTENDED COMPENSATION.—At the
option of a State, for any weeks of unemployment beginning
after the date of the enactment of this paragraph and before
April 12, 2021, an individual’s eligibility period (as described
in section 203(c) of the Federal-State Extended Unemployment
Compensation Act of 1970 (26 U.S.C. 3304 note)) shall, for
purposes of any determination of eligibility for extended compensation under the State law of such State, be considered
to include any week which begins—
‘‘(A) after the date as of which such individual exhausts
all rights to pandemic emergency unemployment compensation; and
‘‘(B) during an extended benefit period that began on
or before the date described in subparagraph (A).’’.
(d) EFFECTIVE DATE.—
(1) IN GENERAL.—Except as provided in paragraph (2), the
amendments made by this section shall apply as if included
in the enactment of the CARES Act (Public Law 116–136),
except that no amount shall be payable by virtue of such
amendments with respect to any week of unemployment commencing before the date of the enactment of this Act.
(2) COORDINATION RULES.—The amendments made by subsection (c)(1) shall apply to individuals whose benefit years,
as described in section 2107(b)(4)(A)(ii) of the CARES Act,
expire after the date of enactment of this Act.

Time period.

Applicability.
15 USC 9025
note.

SEC. 207. EXTENSION OF TEMPORARY FINANCING OF SHORT-TIME
COMPENSATION PAYMENTS IN STATES WITH PROGRAMS
IN LAW.

Section 2108(b)(2) of the CARES Act (15 U.S.C. 9026(b)(2))
is amended by striking ‘‘December 31, 2020’’ and inserting ‘‘March
14, 2021’’.
SEC. 208. EXTENSION OF TEMPORARY FINANCING OF SHORT-TIME
COMPENSATION AGREEMENTS FOR STATES WITHOUT
PROGRAMS IN LAW.

Section 2109(d)(2) of the CARES Act (15 U.S.C. 9027(d)(2))
is amended by striking ‘‘December 31, 2020’’ and inserting ‘‘March
14, 2021’’.
SEC. 209. TECHNICAL AMENDMENT TO REFERENCES TO REGULATION
IN CARES ACT.
Ante, p. 317.
15 USC 9021
note.

(a) IN GENERAL.—Section 2102(h) of the CARES Act (Public
Law 116-136) is amended by striking ‘‘section 625’’ in each place
it appears and inserting ‘‘part 625’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall take effect as if included in section 2102 of the CARES
Act (Public Law 116-136).
Subchapter II—Extension of FFCRA Unemployment
Provisions

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SEC. 221. EXTENSION OF TEMPORARY ASSISTANCE FOR STATES WITH
ADVANCES.

Section 1202(b)(10)(A) of the Social Security Act (42 U.S.C.
1322(b)(10)(A)) is amended by striking ‘‘December 31, 2020’’ and
inserting ‘‘March 14, 2021’’.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1957

SEC. 222. EXTENSION OF FULL FEDERAL FUNDING OF EXTENDED
UNEMPLOYMENT COMPENSATION.

Section 4105 of the Families First Coronavirus Response Act
(26 U.S.C. 3304 note) is amended—
(1) in subsection (a), by striking ‘‘December 31, 2020’’ and
inserting ‘‘March 14, 2021’’; and
(2) in subsection (b), by striking ‘‘ending on or before
December 31, 2020’’ and inserting ‘‘before March 14, 2021’’.
Subchapter III—Continued Assistance to Rail Workers
SEC. 231. SHORT TITLE.

This subchapter may be cited as the ‘‘Continued Assistance
to Rail Workers Act of 2020’’.

Continued
Assistance to
Rail Workers Act
of 2020.
45 USC 367 note.

SEC. 232. ADDITIONAL ENHANCED BENEFITS UNDER THE RAILROAD
UNEMPLOYMENT INSURANCE ACT.

(a) IN GENERAL.—Section 2(a)(5)(A) of the Railroad Unemployment Insurance Act (45 U.S.C. 352(a)(5)(A)) is amended—
(1) in the first sentence—
(A) by inserting ‘‘and for registration periods beginning
after December 26, 2020, but on or before March 14, 2021,’’
after ‘‘July 31, 2020,’’;
(B) by striking ‘‘in the amount of $1,200’’; and
(C) by striking ‘‘July 1, 2019’’ and inserting ‘‘July 1,
2019, or July 1, 2020’’; and
(2) by adding at the end the following: ‘‘For registration
periods beginning on or after April 1, 2020, but on or before
July 31, 2020, the recovery benefit payable under this subparagraph shall be in the amount of $1,200. For registration periods
beginning after December 26, 2020, but on or before March
14, 2021, the recovery benefit payable under this subparagraph
shall be in the amount of $600.’’.
(b) CLARIFICATION ON AUTHORITY TO USE FUNDS.—Funds
appropriated under subparagraph (B) of section 2(a)(5) of the Railroad Unemployment Insurance Act (45 U.S.C. 352(a)(5)) shall be
available to cover the cost of recovery benefits provided under
such section 2(a)(5) by reason of the amendments made by subsection (a) as well as to cover the cost of such benefits provided
under such section 2(a)(5) as in effect on the day before the date
of enactment of this Act.

Time periods.

45 USC 352 note.

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SEC. 233. EXTENDED UNEMPLOYMENT BENEFITS UNDER THE RAILROAD UNEMPLOYMENT INSURANCE ACT.

(a) IN GENERAL.—Section 2(c)(2)(D) of the Railroad Unemployment Insurance Act (45 U.S.C. 352(c)(2)(D)) is amended—
(1) in clause (i)—
(A) in subclause (I), by striking ‘‘130 days’’ and
inserting ‘‘185 days’’;
(B) in subclause (II), by striking ‘‘13 consecutive 14day periods’’ and inserting ‘‘19 consecutive 14-day periods,
except that no extended benefit period shall end before
6 consecutive 14-day periods after the date of enactment
of the Continued Assistance for Unemployed Workers Act
of 2020 have elapsed’’;

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134 STAT. 1958

45 USC 352 note.

45 USC 352 note.

PUBLIC LAW 116–260—DEC. 27, 2020

(2) in clause (ii), by striking ‘‘if such clause had not been
enacted.’’ and inserting ‘‘if such clause had not been enacted
and if—
‘‘(A) subparagraph (A) were applied by substituting ‘120 days of unemployment’ for ‘65 days
of unemployment’; and
‘‘(B) subparagraph (B) were applied by
inserting ‘(or, in the case of unemployment benefits, 12 consecutive 14-day periods, except that
no extended benefit period shall end before 6
consecutive 14-day periods after the date of enactment of the Continued Assistance for Unemployed
Workers Act of 2020 have elapsed)’ after ‘7
consecutive 14-day periods’.’’; and
(3) in clause (iii)—
(A) by striking ‘‘June 30, 2020’’ and inserting ‘‘June
30, 2021’’;
(B) by striking ‘‘no extended benefit period under this
paragraph shall begin after December 31, 2020’’ and
inserting ‘‘the provisions of clauses (i) and (ii) shall not
apply to any employee whose extended benefit period under
subparagraph (B) begins after March 14, 2021, and shall
not apply to any employee with respect to any registration
period beginning after April 5, 2021.’’; and
(C) by striking ‘‘clause (iv)’’ and inserting ‘‘clause (v)’’;
(4) by redesignating clause (iv) as clause (v); and
(5) by inserting after clause (iii) the following:
‘‘(iv) TREATMENT OF CERTAIN CALENDAR DAYS.—
No calendar day occurring during the period beginning
on the first date with respect to which the employee
has exhausted all rights to extended unemployment
benefits under this paragraph as in effect on the day
before the date of enactment of the Continued Assistance for Unemployed Workers Act of 2020 and ending
with the date of such enactment may be treated as
a day of unemployment for purposes of the payment
of extended unemployment benefits under this paragraph.’’.
(b) APPLICATION.—The amendments made by subsection (a)
shall apply as if included in the enactment of the CARES Act
(15 U.S.C. 9001 et seq.).
(c) CLARIFICATION ON AUTHORITY TO USE FUND.—Funds appropriated under either the first or second sentence of clause (v)
of section 2(c)(2)(D) of the Railroad Unemployment Insurance Act
(as redesignated by subsection (a)(4)) shall be available to cover
the cost of additional extended unemployment benefits provided
under such section 2(c)(2)(D) by reason of the amendments made
by subsection (a) as well as to cover the cost of such benefits
provided under such section 2(c)(2)(D) as in effect on the day before
the date of enactment of this Act.

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SEC. 234. EXTENSION OF WAIVER OF THE 7-DAY WAITING PERIOD FOR
BENEFITS UNDER THE RAILROAD UNEMPLOYMENT
INSURANCE ACT.

(a) IN GENERAL.—Section 2112(a) of the CARES Act (15 U.S.C.
9030(a)) is amended by striking ‘‘December 31, 2020’’ and inserting
‘‘March 14, 2021’’.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1959

(b) OPERATING INSTRUCTIONS AND REGULATIONS.—The Railroad
Retirement Board may prescribe any operating instructions or regulations necessary to carry out this section.
(c) CLARIFICATION ON AUTHORITY TO USE FUNDS.—Funds
appropriated under section 2112(c) of the CARES Act (15 U.S.C.
9030(c)) shall be available to cover the cost of additional benefits
payable due to section 2112(a) of such Act by reason of the amendments made by subsection (a) as well as to cover the cost of
such benefits payable due to such section 2112(a) as in effect on
the day before the date of enactment of this Act.
SEC.

235.

TREATMENT OF PAYMENTS FROM THE
UNEMPLOYMENT INSURANCE ACCOUNT.

15 USC 9030
note.
15 USC 9030
note.

RAILROAD

(a) IN GENERAL.—Section 256(i)(1) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 906(i)(1)) is
amended—
(1) in subparagraph (B), by striking ‘‘and’’ at the end;
(2) in subparagraph (C), by inserting ‘‘and’’ at the end;
and
(3) by inserting after subparagraph (C) the following new
subparagraph:
‘‘(D) any payment made from the Railroad Unemployment
Insurance Account (established by section 10 of the Railroad
Unemployment Insurance Act) for the purpose of carrying out
the Railroad Unemployment Insurance Act, and funds appropriated or transferred to or otherwise deposited in such
Account,’’.
(b) EFFECTIVE DATE.—The treatment of payments made from
the Railroad Unemployment Insurance Account pursuant to the
amendment made by subsection (a)—
(1) shall take effect 7 days after the date of the enactment
of this Act; and
(2) shall apply only to obligations incurred during the
period beginning on the effective date described in paragraph
(1) and ending on the date that is 30 days after the date
on which the national emergency concerning the novel
coronavirus disease (COVID–19) outbreak declared by the
President on March 13, 2020, under the National Emergencies
Act (50 U.S.C. 1601 et seq.) terminates.
(c) SUNSET.—The amendments made by subsection (a) shall
be repealed on the date that is 30 days after the date on which
the national emergency concerning the novel coronavirus disease
(COVID–19) outbreak declared by the President on March 13, 2020,
under the National Emergencies Act (50 U.S.C. 1601 et seq.) terminates.

2 USC 906 note.

Applicability.
Time period.

Repeal.
2 USC 906 and
note.

Subchapter IV—Improvements to Pandemic Unemployment
Assistance to Strengthen Program Integrity

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SEC. 241. REQUIREMENT TO SUBSTANTIATE EMPLOYMENT OR SELFEMPLOYMENT AND WAGES EARNED OR PAID TO CONFIRM ELIGIBILITY FOR PANDEMIC UNEMPLOYMENT
ASSISTANCE.

(a) IN GENERAL.—Section 2102(a)(3)(A) of the CARES Act (15
U.S.C. 9021(a)(3)(A)) is amended—
(1) in clause (i), by striking ‘‘and’’ at the end;
(2) by inserting after clause (ii) the following:

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134 STAT. 1960

PUBLIC LAW 116–260—DEC. 27, 2020
‘‘(iii) provides documentation to substantiate
employment or self-employment or the planned
commencement of employment or self-employment not
later than 21 days after the later of the date on which
the individual submits an application for pandemic
unemployment assistance under this section or the
date on which an individual is directed by the State
Agency to submit such documentation in accordance
with section 625.6(e) of title 20, Code of Federal Regulations, or any successor thereto, except that such deadline may be extended if the individual has shown good
cause under applicable State law for failing to submit
such documentation; and’’.
(b) APPLICABILITY.—
(1) IN GENERAL.—Subject to paragraphs (2) and (3), the
amendments made by subsection (a) shall apply to any individual who files a new application for pandemic unemployment
assistance or claims pandemic unemployment assistance for
any week of unemployment under section 2102 of the CARES
Act (15 U.S.C. 9021) on or after January 31, 2021.
(2) SPECIAL RULE.—An individual who received pandemic
unemployment assistance under section 2102 of the CARES
Act (15 U.S.C. 9021) for any week ending before the date
of enactment of this Act shall not be considered ineligible
for such assistance for such week solely by reason of failure
to submit documentation described in clause (iii) of subsection
(a)(3)(A) of such section 2102, as added by subsection (a).
(3) PRIOR APPLICANTS.—With respect to an individual who
applied for pandemic unemployment assistance under section
2102 of the CARES Act (15 U.S.C. 9021) before January 31,
2021, and receives such assistance on or after the date of
enactment of this Act, clause (iii) of subsection (a)(3)(A) of
such section shall be applied by substituting ‘‘90 days’’ for
‘‘21 days’’.

Deadline.

15 USC 9021
note.
Effective date.

Time period.

SEC. 242. REQUIREMENT FOR STATES TO VERIFY IDENTITY OF
APPLICANTS FOR PANDEMIC UNEMPLOYMENT ASSISTANCE.

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Effective date.
15 USC 9021
note.

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(a) IN GENERAL.—Section 2102(f) of the CARES Act (15 U.S.C.
9021(f)) is amended—
(1) in paragraph (1), by inserting ‘‘, including procedures
for identity verification or validation and for timely payment,
to the extent reasonable and practicable’’ before the period
at the end; and
(2) in paragraph (2)(B), by inserting ‘‘and expenses related
to identity verification or validation and timely and accurate
payment’’ before the period at the end.
(b) APPLICABILITY.—The requirements imposed by the amendments made by this section shall apply, with respect to agreements
made under section 2102 of the CARES Act, beginning on the
date that is 30 days after the date of enactment of this Act.

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134 STAT. 1961

Subchapter V—Return to Work Reporting Requirement
SEC. 251. RETURN TO WORK REPORTING FOR CARES ACT AGREEMENTS.

(a) IN GENERAL.—Subtitle A of title II of division A of the
CARES Act (Public Law 116–136) is amended by adding at the
end the following:
‘‘SEC. 2117. RETURN TO WORK REPORTING.

15 USC 9033.

‘‘Each State participating in an agreement under any of the
preceding sections of this subtitle shall have in effect a method
to address any circumstances in which, during any period during
which such agreement is in effect, claimants of unemployment
compensation refuse to return to work or to accept an offer of
suitable work without good cause. Such method shall include the
following:
‘‘(1) A reporting method for employers, such as through
a phone line, email, or online portal, to notify the State agency
when an individual refuses an offer of employment.
‘‘(2) A plain-language notice provided to such claimants
about State return to work laws, rights to refuse to return
to work or to refuse suitable work, including what constitutes
suitable work, and a claimant’s right to refuse work that poses
a risk to the claimant’s health or safety, and information on
contesting the denial of a claim that has been denied due
to a report by an employer that the claimant refused to return
to work or refused suitable work.’’.
(b) EFFECTIVE DATE.—The requirements imposed by this section
shall take effect 30 days from the date of enactment of this Act.

Notification.

Notice.

15 USC 9033
note.

Subchapter VI—Other Related Provisions and Technical
Corrections

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SECTION 261. MIXED EARNER UNEMPLOYMENT COMPENSATION.

(a) IN GENERAL.—Section 2104(b) of the CARES Act (15 U.S.C.
9023(b)(1)), as amended by section 1103, is further amended—
(1) in paragraph (1)—
(A) in subparagraph (B), by striking the period at
the end and inserting ‘‘, plus’’; and
(B) by adding at the end the following:
‘‘(C) an additional amount of $100 (in this section
referred to as ‘Mixed Earner Unemployment Compensation’) in any case in which the individual received at least
$5,000 of self-employment income (as defined in section
1402(b) of the Internal Revenue Code of 1986) in the most
recent taxable year ending prior to the individual’s application for regular compensation.’’; and
(2) by adding at the end the following:
‘‘(4) CERTAIN DOCUMENTATION REQUIRED.—An agreement
under this section shall include a requirement, similar to the
requirement under section 2102(a)(3)(A)(iii), for the substantiation of self-employment income with respect to each applicant
for Mixed Earner Unemployment Compensation under paragraph (1)(C).’’.
(b) CONFORMING AMENDMENTS.—
(1) FEDERAL PANDEMIC UNEMPLOYMENT COMPENSATION.—
Section 2104 of such Act is amended—

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134 STAT. 1962

Applicability.

Applicability.
Effective date.
15 USC 9023
note.

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42 USC 5174
note.

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PUBLIC LAW 116–260—DEC. 27, 2020

(A) by inserting ‘‘or Mixed Earner Unemployment Compensation’’ after ‘‘Federal Pandemic Unemployment Compensation’’ each place such term appears in subsection
(b)(2), (c), or (f) of such section;
(B) in subsection (d), by inserting ‘‘and Mixed Earner
Unemployment Compensation’’ after ‘‘Federal Pandemic
Unemployment Compensation’’; and
(C) in subsection (g), by striking ‘‘provide that’’ and
all that follows through the end and inserting ‘‘provide
that—
‘‘(1) the purposes of the preceding provisions of this section,
as such provisions apply with respect to Federal Pandemic
Unemployment Compensation, shall be applied with respect
to unemployment benefits described in subsection (i)(2) to the
same extent and in the same manner as if those benefits
were regular compensation; and
‘‘(2) the purposes of the preceding provisions of this section,
as such provisions apply with respect to Mixed Earner
Unemployment Compensation, shall be applied with respect
to unemployment benefits described in subparagraph (A), (B),
(D), or (E) of subsection (i)(2) to the same extent and in the
same manner as if those benefits were regular compensation.’’.
(2) PANDEMIC EMERGENCY UNEMPLOYMENT COMPENSATION.—Section 2107(a)(4)(A) of such Act is amended—
(A) in clause (i), by striking ‘‘and’’;
(B) in clause (ii), by striking ‘‘section 2104;’’ and
inserting ‘‘section 2104(b)(1)(B); and’’; and
(C) by adding at the end the following:
‘‘(iii) the amount (if any) of Mixed Earner
Unemployment
Compensation
under
section
2104(b)(1)(C);’’.
(c) STATE’S RIGHT OF NON-PARTICIPATION.—Any State participating in an agreement under section 2104 of the CARES Act
may elect to continue paying Federal Pandemic Unemployment
Compensation under such agreement without providing Mixed
Earner Unemployment Compensation pursuant to the amendments
made by this section. Such amendments shall apply with respect
to such a State only if the State so elects, in which case such
amendments shall apply with respect to weeks of unemployment
beginning on or after the later of the date of such election or
the date of enactment of this section.
SEC. 262. LOST WAGES ASSISTANCE RECOUPMENT FAIRNESS.

(a) DEFINITIONS.—In this section—
(1) the term ‘‘covered assistance’’ means assistance provided
for supplemental lost wages payments under subsections (e)(2)
and (f) of section 408 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5174), as authorized
under the emergency declaration issued by the President on
March 13, 2020, pursuant to section 501(b) of such Act (42
U.S.C. 5191(b)) and under any subsequent major disaster declaration under section 401 of such Act (42 U.S.C. 5170) that
supersedes such emergency declaration; and
(2) the term ‘‘State’’ has the meaning given the term in
section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122).

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1963

(b) WAIVER AUTHORITY FOR STATE LIABILITY.—In the case of
any individual who has received amounts of covered assistance
to which the individual is not entitled, the State shall require
the individual to repay the amounts of such assistance to the
State agency, except that the State agency may waive such repayment if the State agency determines that—
(1) the payment of such covered assistance was without
fault on the part of the individual; and
(2) such repayment would be contrary to equity and good
conscience.
(c) WAIVER AUTHORITY FOR FEDERAL LIABILITY.—Any waiver
of debt issued by a State under subsection (b) shall also waive
the debt owed to the United States.
(d) REPORTING.—
(1) STATE REPORTING.—If a State issues a waiver of debt
under subsection (b), the State shall report such waiver to
the Administrator of the Federal Emergency Management
Agency.
(2) OIG REPORTING.—Not later than 6 months after the
date of enactment of this Act, the Inspector General of the
Department of Homeland Security shall submit a report that
assesses the efforts of the States to waive recoupment related
to lost wages assistance under section 408 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5174) to—
(A) the Committee on Homeland Security and Governmental Affairs, the Committee on Finance, and the Subcommittee on Homeland Security of the Committee on
Appropriations of the Senate; and
(B) the Committee on Transportation and Infrastructure, Committee on Ways and Means, and the Subcommittee on Homeland Security of the Committee on
Appropriations of the House of Representatives.

Requirement.
Determination.

Assessment.

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SEC. 263. CONTINUING ELIGIBILITY FOR CERTAIN RECIPIENTS OF
PANDEMIC UNEMPLOYMENT ASSISTANCE.

(a) IN GENERAL.—Section 2102(c) of the CARES Act (15 U.S.C.
9021(c)), as amended by section 201, is further amended by adding
at the end the following:
‘‘(6) CONTINUED ELIGIBILITY FOR ASSISTANCE.—As a condition of continued eligibility for assistance under this section,
a covered individual shall submit a recertification to the State
for each week after the individual’s 1st week of eligibility
that certifies that the individual remains an individual
described in subsection (a)(3)(A)(ii) for such week.’’.
(b) EFFECTIVE DATE; SPECIAL RULE.—
(1) IN GENERAL.—The amendment made by subsection (a)
shall apply with respect to weeks beginning on or after the
date that is 30 days after the date of enactment of this section.
(2) SPECIAL RULE.—In the case of any State that made
a good faith effort to implement section 2102 of division A
of the CARES Act (15 U.S.C. 9021) in accordance with rules
similar to those provided in section 625.6 of title 20, Code
of Federal Regulations, for weeks ending before the effective
date specified in paragraph (1), an individual who received
pandemic unemployment assistance from such State for any
such week shall not be considered ineligible for such assistance

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Certification.

Applicability.
15 USC 9021
note.

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PUBLIC LAW 116–260—DEC. 27, 2020
for such week solely by reason of failure to submit a recertification described in subsection (c)(5) of such section 2102.

SEC. 264. TECHNICAL CORRECTION FOR NONPROFIT ORGANIZATIONS
CLASSIFIED AS FEDERAL TRUST INSTRUMENTALITIES.

(a) IN GENERAL.—Section 903(i)(1) of the Social Security Act
(42 U.S.C. 1103(i)(1)) is amended—
(1) in subparagraph (B), in the first sentence, by inserting
‘‘and to service provided by employees of an entity created
by Public Law 85–874 (20 U.S.C. 76h et seq.)’’ after ‘‘of such
Code applies’’; and
(2) in subparagraph (C), by inserting ‘‘or an entity created
by Public Law 85–874 (20 U.S.C. 76h et seq.)’’ before the
period at the end.
(b) EFFECTIVE DATE.—The amendments made by this section
shall take effect as if included in the enactment of section 2103
of the CARES Act (Public Law 116–136).

42 USC 1103
note.

15 USC 9021
note.

SEC. 265. TECHNICAL CORRECTION FOR THE COMMONWEALTH OF
NORTHERN MARIANA ISLANDS.

A Commonwealth Only Transitional Worker (as defined in section 6(i)(2) of the Joint Resolution entitled ‘‘A Joint Resolution
to approve the ‘Covenant To Establish a Commonwealth of the
Northern Mariana Islands in Political Union with the United States
of America’, and for other purposes’’ (48 U.S.C. 1806)) shall be
considered a qualified alien under section 431 of Public Law 104193 (8 U.S.C. 1641) for purposes of eligibility for a benefit under
section 2102 or 2104 of the CARES Act.
Determinations.
26 USC 3304
note.
Time period.
Applicability.

COVID-related
Tax Relief Act of
2020.

SEC. 266. WAIVER TO PRESERVE ACCESS TO EXTENDED BENEFITS
IN HIGH UNEMPLOYMENT STATES.

(a) IN GENERAL.—For purposes of determining the beginning
of an extended benefit period (or a high unemployment period)
under the Federal-State Extended Unemployment Compensation
Act of 1970 (26 U.S.C. 3304 note) during the period beginning
on November 1, 2020, and ending December 31, 2021, section 203
of such Act may be applied without regard to subsection (b)(1)(B)
of such section.
(b) RULEMAKING AUTHORITY; TECHNICAL ASSISTANCE.—The Secretary of Labor shall issue such rules or other guidance as the
Secretary determines may be necessary for the implementation
of subsection (a), and shall provide technical assistance to States
as needed to facilitate such implementation.

Subtitle B—COVID-related Tax Relief Act
of 2020
SEC. 271. SHORT TITLE; TABLE OF CONTENTS.

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26 USC 1 note.

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(a) SHORT TITLE.—This subtitle may be cited as the ‘‘COVIDrelated Tax Relief Act of 2020’’.
(b) AMENDMENT OF 1986 CODE.—Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed
in terms of an amendment to, or repeal of, a section or other
provision, the reference shall be considered to be made to a section
or other provision of the Internal Revenue Code of 1986.

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PUBLIC LAW 116–260—DEC. 27, 2020
(c) TABLE
is as follows:
Sec.
Sec.
Sec.
Sec.
Sec.

271.
272.
273.
274.
275.

Sec. 276.
Sec. 277.
Sec. 278.
Sec.
Sec.
Sec.
Sec.
Sec.

279.
280.
281.
282.
283.

Sec. 284.
Sec. 285.
Sec. 286.
Sec. 287.
Sec. 288.

OF

134 STAT. 1965

CONTENTS.—The table of contents of this Act

Short title; table of contents.
Additional 2020 recovery rebates for individuals.
Amendments to recovery rebates under the CARES Act.
Extension of certain deferred payroll taxes.
Regulations or guidance clarifying application of educator expense tax deduction.
Clarification of tax treatment of forgiveness of covered loans.
Emergency financial aid grants.
Clarification of tax treatment of certain loan forgiveness and other business financial assistance under the CARES Act.
Authority to waive certain information reporting requirements.
Application of special rules to money purchase pension plans.
Election to waive application of certain modifications to farming losses.
Oversight and audit reporting.
Disclosures to identify tax receivables not eligible for collection pursuant
to qualified tax collection contracts.
Modification of certain protections for taxpayer return information.
2020 election to terminate transfer period for qualified transfers from
pension plan for covering future retiree costs.
Extension of credits for paid sick and family leave.
Election to use prior year net earnings from self-employment in determining average daily self-employment income for purposes of credits for
paid sick and family leave.
Certain technical improvements to credits for paid sick and family leave.

SEC. 272. ADDITIONAL 2020 RECOVERY REBATES FOR INDIVIDUALS.

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(a) IN GENERAL.—Subchapter B of chapter 65 of subtitle F
is amended by inserting after section 6428 the following new section:

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‘‘SEC. 6428A. ADDITIONAL 2020 RECOVERY REBATES FOR INDIVIDUALS.

26 USC 6428A.

‘‘(a) IN GENERAL.—In addition to the credit allowed under section 6428, in the case of an eligible individual, there shall be
allowed as a credit against the tax imposed by subtitle A for
the first taxable year beginning in 2020 an amount equal to the
sum of—
‘‘(1) $600 ( $1,200 in the case of eligible individuals filing
a joint return), plus
‘‘(2) an amount equal to the product of $600 multiplied
by the number of qualifying children (within the meaning of
section 24(c)) of the taxpayer.
‘‘(b) TREATMENT OF CREDIT.—The credit allowed by subsection
(a) shall be treated as allowed by subpart C of part IV of subchapter
A of chapter 1.
‘‘(c) LIMITATION BASED ON ADJUSTED GROSS INCOME.—The
amount of the credit allowed by subsection (a) (determined without
regard to this subsection and subsection (e)) shall be reduced (but
not below zero) by 5 percent of so much of the taxpayer’s adjusted
gross income as exceeds—
‘‘(1) $150,000 in the case of a joint return or a surviving
spouse (as defined in section 2(a)),
‘‘(2) $112,500 in the case of a head of household (as defined
in section 2(b)), and
‘‘(3) $75,000 in the case of a taxpayer not described in
paragraph (1) or (2).
‘‘(d) ELIGIBLE INDIVIDUAL.—For purposes of this section, the
term ‘eligible individual’ means any individual other than—
‘‘(1) any nonresident alien individual,
‘‘(2) any individual with respect to whom a deduction under
section 151 is allowable to another taxpayer for a taxable

Effective date.

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Determination.

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PUBLIC LAW 116–260—DEC. 27, 2020
year beginning in the calendar year in which the individual’s
taxable year begins, and
‘‘(3) an estate or trust.
‘‘(e) COORDINATION WITH ADVANCE REFUNDS OF CREDIT.—
‘‘(1) IN GENERAL.—The amount of the credit which would
(but for this paragraph) be allowable under this section shall
be reduced (but not below zero) by the aggregate refunds and
credits made or allowed to the taxpayer under subsection (f).
Any failure to so reduce the credit shall be treated as arising
out of a mathematical or clerical error and assessed according
to section 6213(b)(1).
‘‘(2) JOINT RETURNS.—Except as otherwise provided by the
Secretary, in the case of a refund or credit made or allowed
under subsection (f) with respect to a joint return, half of
such refund or credit shall be treated as having been made
or allowed to each individual filing such return.
‘‘(f) ADVANCE REFUNDS AND CREDITS.—
‘‘(1) IN GENERAL.—Each individual who was an eligible
individual for such individual’s first taxable year beginning
in 2019 shall be treated as having made a payment against
the tax imposed by chapter 1 for such taxable year in an
amount equal to the advance refund amount for such taxable
year.
‘‘(2) ADVANCE REFUND AMOUNT.—For purposes of paragraph
(1), the advance refund amount is the amount that would
have been allowed as a credit under this section for such
taxable year if this section (other than subsection (e) and this
subsection) had applied to such taxable year. For purposes
of determining the advance refund amount with respect to
such taxable year—
‘‘(A) any individual who was deceased before January
1, 2020, shall be treated for purposes of applying subsection
(g) in the same manner as if the valid identification number
of such person was not included on the return of tax
for such taxable year, and
‘‘(B) no amount shall be determined under this subsection with respect to any qualifying child of the taxpayer
if—
‘‘(i) the taxpayer was deceased before January 1,
2020, or
‘‘(ii) in the case of a joint return, both taxpayers
were deceased before January 1, 2020.
‘‘(3) TIMING AND MANNER OF PAYMENTS.—
‘‘(A) TIMING.—
‘‘(i) IN GENERAL.—The Secretary shall, subject to
the provisions of this title, refund or credit any overpayment attributable to this subsection as rapidly as
possible.
‘‘(ii) DEADLINE.—
‘‘(I) IN GENERAL.—Except as provided in subclause (II), no refund or credit shall be made or
allowed under this subsection after January 15,
2021.
‘‘(II) EXCEPTION FOR MIRROR CODE POSSESSIONS.—In the case of a possession of the United
States which has a mirror code tax system (as
such terms are defined in section 272(c) of the

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1967

COVID-related Tax Relief Act of 2020), no refund
or credit shall be made or allowed under this subsection after the earlier of—
‘‘(aa) such date as is determined appropriate by the Secretary, or
‘‘(bb) September 30, 2021.
‘‘(B) DELIVERY OF PAYMENTS.—Notwithstanding any
other provision of law, the Secretary may certify and disburse refunds payable under this subsection electronically
to—
‘‘(i) any account to which the payee authorized,
on or after January 1, 2019, the delivery of a refund
of taxes under this title or of a Federal payment (as
defined in section 3332 of title 31, United States Code),
‘‘(ii) any account belonging to a payee from which
that individual, on or after January 1, 2019, made
a payment of taxes under this title, or
‘‘(iii) any Treasury-sponsored account (as defined
in section 208.2 of title 31, Code of Federal Regulations).
‘‘(C) WAIVER OF CERTAIN RULES.—Notwithstanding section 3325 of title 31, United States Code, or any other
provision of law, with respect to any payment of a refund
under this subsection, a disbursing official in the executive
branch of the United States Government may modify payment information received from an officer or employee
described in section 3325(a)(1)(B) of such title for the purpose of facilitating the accurate and efficient delivery of
such payment. Except in cases of fraud or reckless neglect,
no liability under sections 3325, 3527, 3528, or 3529 of
title 31, United States Code, shall be imposed with respect
to payments made under this subparagraph.
‘‘(4) NO INTEREST.—No interest shall be allowed on any
overpayment attributable to this subsection.
‘‘(5) APPLICATION TO CERTAIN INDIVIDUALS WHO DO NOT
FILE A RETURN OF TAX FOR 2019.—
‘‘(A) IN GENERAL.—In the case of a specified individual
who, at the time of any determination made pursuant
to paragraph (3), has not filed a tax return for the year
described in paragraph (1), the Secretary may use information with respect to such individual which is provided by—
‘‘(i) in the case of a specified social security beneficiary or a specified supplemental security income
recipient, the Commissioner of Social Security,
‘‘(ii) in the case of a specified railroad retirement
beneficiary, the Railroad Retirement Board, and
‘‘(iii) in the case of a specified veterans beneficiary,
the Secretary of Veterans Affairs (in coordination with,
and with the assistance of, the Commissioner of Social
Security if appropriate).
‘‘(B) SPECIFIED INDIVIDUAL.—For purposes of this paragraph, the term ‘specified individual’ means any individual
who is—
‘‘(i) a specified social security beneficiary,
‘‘(ii) a specified supplemental security income
recipient,

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Determination.

Certification.
Disbursement.

Definitions.

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PUBLIC LAW 116–260—DEC. 27, 2020
‘‘(iii) a specified railroad retirement beneficiary,

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or
‘‘(iv) a specified veterans beneficiary.
‘‘(C) SPECIFIED SOCIAL SECURITY BENEFICIARY.—
‘‘(i) IN GENERAL.—For purposes of this paragraph,
the term ‘specified social security beneficiary’ means
any individual who, for the last month for which the
Secretary has available information as of the date of
enactment of this section, is entitled to any monthly
insurance benefit payable under title II of the Social
Security Act (42 U.S.C. 401 et seq.), including payments made pursuant to sections 202(d), 223(g), and
223(i)(7) of such Act.
‘‘(ii) EXCEPTION.—For purposes of this paragraph,
the term ‘specified social security beneficiary’ shall not
include any individual if such benefit is not payable
for such month by reason of section 202(x)(1)(A) of
the Social Security Act (42 U.S.C. 402(x)(1)(A)) or section 1129A of such Act (42 U.S.C. 1320a–8a).
‘‘(D) SPECIFIED SUPPLEMENTAL SECURITY INCOME
RECIPIENT.—
‘‘(i) IN GENERAL.—For purposes of this paragraph,
the term ‘specified supplemental security income
recipient’ means any individual who, for the last month
for which the Secretary has available information as
of the date of enactment of this section, is eligible
for a monthly benefit payable under title XVI of the
Social Security Act (42 U.S.C. 1381 et seq.), including—
‘‘(I) payments made pursuant to section
1614(a)(3)(C) of such Act (42 U.S.C. 1382c(a)(3)(C)),
‘‘(II) payments made pursuant to section
1619(a) (42 U.S.C. 1382h(a)) or subsections (a)(4),
(a)(7), or (p)(7) of section 1631 (42 U.S.C. 1383)
of such Act, and
‘‘(III) State supplementary payments of the
type referred to in section 1616(a) of such Act
(42 U.S.C. 1382e(a)) (or payments of the type
described in section 212(a) of Public Law 93–66)
which are paid by the Commissioner under an
agreement referred to in such section 1616(a) (or
section 212(a) of Public Law 93–66).
‘‘(ii) EXCEPTION.—For purposes of this paragraph,
the term ‘specified supplemental security income
recipient’ shall not include any individual if such
monthly benefit is not payable for such month by reason of section 1611(e)(1)(A) of the Social Security Act
(42 U.S.C. 1382(e)(1)(A)) or section 1129A of such Act
(42 U.S.C. 1320a–8a).
‘‘(E) SPECIFIED RAILROAD RETIREMENT BENEFICIARY.—
For purposes of this paragraph, the term ‘specified railroad
retirement beneficiary’ means any individual who, for the
last month for which the Secretary has available information as of the date of enactment of this section, is entitled
to a monthly annuity or pension payment payable (without
regard to section 5(a)(ii) of the Railroad Retirement Act
of 1974 (45 U.S.C. 231d(a)(ii))) under—

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134 STAT. 1969

‘‘(i) section 2(a)(1) of such Act (45 U.S.C.
231a(a)(1)),
‘‘(ii) section 2(c) of such Act (45 U.S.C. 231a(c)),
‘‘(iii) section 2(d)(1) of such Act (45 U.S.C.
231a(d)(1)), or
‘‘(iv) section 7(b)(2) of such Act (45 U.S.C.
231f(b)(2)) with respect to any of the benefit payments
described in subparagraph (C)(i).
‘‘(F) SPECIFIED VETERANS BENEFICIARY.—
‘‘(i) IN GENERAL.—For purposes of this paragraph,
the term ‘specified veterans beneficiary’ means any
individual who, for the last month for which the Secretary has available information as of the date of enactment of this section, is entitled to a compensation
or pension payment payable under—
‘‘(I) section 1110, 1117, 1121, 1131, 1141, or
1151 of title 38, United States Code,
‘‘(II) section 1310, 1312, 1313, 1315, 1316, or
1318 of title 38, United States Code,
‘‘(III) section 1513, 1521, 1533, 1536, 1537,
1541, 1542, or 1562 of title 38, United States Code,
or
‘‘(IV) section 1805, 1815, or 1821 of title 38,
United States Code,
to a veteran, surviving spouse, child, or parent as
described in paragraph (2), (3), (4)(A)(ii), or (5) of section 101, title 38, United States Code.
‘‘(ii) EXCEPTION.—For purposes of this paragraph,
the term ‘specified veterans beneficiary’ shall not
include any individual if such compensation or pension
payment is not payable, or was reduced, for such month
by reason of section 1505 or 5313 of title 38, United
States Code.
‘‘(G) SUBSEQUENT DETERMINATIONS AND REDETERMINATIONS NOT TAKEN INTO ACCOUNT.—For purposes of this
section, any individual’s status as a specified social security
beneficiary, a specified supplemental security income
recipient, a specified railroad retirement beneficiary, or
a specified veterans beneficiary shall be unaffected by any
determination or redetermination of any entitlement to,
or eligibility for, any benefit, payment, or compensation,
if such determination or redetermination occurs after the
last month for which the Secretary has available information as of the date of enactment of this section.
‘‘(H) PAYMENT TO REPRESENTATIVE PAYEES AND FIDUCIARIES.—
‘‘(i) IN GENERAL.—If the benefit, payment, or compensation referred to in subparagraph (C)(i), (D)(i),
(E), or (F)(i) with respect to any specified individual
is paid to a representative payee or fiduciary, payment
by the Secretary under paragraph (3) with respect
to such specified individual shall be made to such
individual’s representative payee or fiduciary and the
entire payment shall be used only for the benefit of
the individual who is entitled to the payment.
‘‘(ii) APPLICATION OF ENFORCEMENT PROVISIONS.—

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‘‘(I) In the case of a payment described in
clause (i) which is made with respect to a specified
social security beneficiary or a specified supplemental security income recipient, section
1129(a)(3) of the Social Security Act (42 U.S.C.
1320a–8(a)(3)) shall apply to such payment in the
same manner as such section applies to a payment
under title II or XVI of such Act.
‘‘(II) In the case of a payment described in
clause (i) which is made with respect to a specified
railroad retirement beneficiary, section 13 of the
Railroad Retirement Act (45 U.S.C. 231l) shall
apply to such payment in the same manner as
such section applies to a payment under such Act.
‘‘(III) In the case of a payment described in
clause (i) which is made with respect to a specified
veterans beneficiary, sections 5502, 6106, and 6108
of title 38, United States Code, shall apply to
such payment in the same manner as such sections
apply to a payment under such title.
‘‘(I) INELIGIBILITY FOR SPECIAL RULE NOT TO BE INTERPRETED AS GENERAL INELIGIBILITY.—An individual shall not
fail to be treated as an eligible individual for purposes
of this subsection or subsection (a) merely because such
individual is not a specified individual (including by reason
of subparagraph (C)(ii), (D)(ii), or (F)(ii)).
‘‘(6) NOTICE TO TAXPAYER.—As soon as practicable after
the date on which the Secretary distributed any payment to
an eligible taxpayer pursuant to this subsection, the Secretary
shall send notice by mail to such taxpayer’s last known address.
Such notice shall indicate the method by which such payment
was made, the amount of such payment, and a phone number
for the appropriate point of contact at the Internal Revenue
Service to report any failure to receive such payment.
‘‘(g) IDENTIFICATION NUMBER REQUIREMENT.—
‘‘(1) IN GENERAL.—In the case of a return other than a
joint return, the $600 amount in subsection (a)(1) shall be
treated as being zero unless the taxpayer includes the valid
identification number of the taxpayer on the return of tax
for the taxable year.
‘‘(2) JOINT RETURNS.—In the case of a joint return, the
$1,200 amount in subsection (a)(1) shall be treated as being—
‘‘(A) $600 if the valid identification number of only
1 spouse is included on the return of tax for the taxable
year, and
‘‘(B) zero if the valid identification number of neither
spouse is so included.
‘‘(3) QUALIFYING CHILD.—A qualifying child of a taxpayer
shall not be taken into account under subsection (a)(2) unless—
‘‘(A) the taxpayer includes the valid identification
number of such taxpayer (or, in the case of a joint return,
the valid identification number of at least 1 spouse) on
the return of tax for the taxable year, and
‘‘(B) the valid identification number of such qualifying
child is included on the return of tax for the taxable year.
‘‘(4) VALID IDENTIFICATION NUMBER.—

Definitions.

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134 STAT. 1971

‘‘(A) IN GENERAL.—For purposes of this subsection, the
term ‘valid identification number’ means a social security
number (as such term is defined in section 24(h)(7)).
‘‘(B) ADOPTION TAXPAYER IDENTIFICATION NUMBER.—
For purposes of paragraph (3)(B), in the case of a qualifying
child who is adopted or placed for adoption, the term ‘valid
identification number’ shall include the adoption taxpayer
identification number of such child.
‘‘(5) SPECIAL RULE FOR MEMBERS OF THE ARMED FORCES.—
Paragraph (2) shall not apply in the case where at least 1
spouse was a member of the Armed Forces of the United
States at any time during the taxable year and the valid
identification number of at least 1 spouse is included on the
return of tax for the taxable year.
‘‘(6) COORDINATION WITH CERTAIN ADVANCE PAYMENTS.—
In the case of any payment under subsection (f) which is based
on information provided under paragraph (5) of such subsection,
a valid identification number shall be treated for purposes
of this subsection as included on the taxpayer’s return of tax
if such valid identification number is provided pursuant to
subsection (f)(5).
‘‘(7) MATHEMATICAL OR CLERICAL ERROR AUTHORITY.—Any
omission of a correct valid identification number required under
this subsection shall be treated as a mathematical or clerical
error for purposes of applying section 6213(g)(2) to such omission.
‘‘(h) REGULATIONS.—The Secretary shall prescribe such regulations or other guidance as may be necessary to carry out the
purposes of this section, including any such measures as are deemed
appropriate to avoid allowing multiple credits or rebates to a taxpayer.’’.
(b) ADMINISTRATIVE AMENDMENTS.—
(1) DEFINITION OF DEFICIENCY.—Section 6211(b)(4)(A) is
amended by striking ‘‘and 6428’’ and inserting ‘‘6428, and
6428A’’.
(2) MATHEMATICAL OR CLERICAL ERROR AUTHORITY.—Section 6213(g)(2)(L) is amended by striking ‘‘or 6428’’ and
inserting ‘‘6428, or 6428A’’.
(c) TREATMENT OF POSSESSIONS.—
(1) PAYMENTS TO POSSESSIONS.—
(A) MIRROR CODE POSSESSION.—The Secretary of the
Treasury shall pay to each possession of the United States
which has a mirror code tax system amounts equal to
the loss (if any) to that possession by reason of the amendments made by this section. Such amounts shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession.
(B) OTHER POSSESSIONS.—The Secretary of the
Treasury shall pay to each possession of the United States
which does not have a mirror code tax system amounts
estimated by the Secretary of the Treasury as being equal
to the aggregate benefits (if any) that would have been
provided to residents of such possession by reason of the
amendments made by this section if a mirror code tax
system had been in effect in such possession. The preceding
sentence shall not apply unless the respective possession

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26 USC 6428A
note.

Determination.

Estimate.

Plan.

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has a plan, which has been approved by the Secretary
of the Treasury, under which such possession will promptly
distribute such payments to its residents.
(2) COORDINATION WITH CREDIT ALLOWED AGAINST UNITED
STATES INCOME TAXES.—No credit shall be allowed against
United States income taxes under section 6428A of the Internal
Revenue Code of 1986 (as added by this section) to any person—
(A) to whom a credit is allowed against taxes imposed
by the possession by reason of the amendments made by
this section, or
(B) who is eligible for a payment under a plan described
in paragraph (1)(B).
(3) DEFINITIONS AND SPECIAL RULES.—
(A) POSSESSION OF THE UNITED STATES.—For purposes
of this subsection, the term ‘‘possession of the United
States’’ includes the Commonwealth of Puerto Rico and
the Commonwealth of the Northern Mariana Islands.
(B) MIRROR CODE TAX SYSTEM.—For purposes of this
subsection, the term ‘‘mirror code tax system’’ means, with
respect to any possession of the United States, the income
tax system of such possession if the income tax liability
of the residents of such possession under such system is
determined by reference to the income tax laws of the
United States as if such possession were the United States.
(C) TREATMENT OF PAYMENTS.—For purposes of section
1324 of title 31, United States Code, the payments under
this subsection shall be treated in the same manner as
a refund due from a credit provision referred to in subsection (b)(2) of such section.
(d) ADMINISTRATIVE PROVISIONS.—
(1) EXCEPTION FROM REDUCTION OR OFFSET.—Any refund
payable by reason of section 6428A(f) of the Internal Revenue
Code of 1986 (as added by this section), or any such refund
payable by reason of subsection (c) of this section, shall not
be—
(A) subject to reduction or offset pursuant to section
3716 or 3720A of title 31, United States Code,
(B) subject to reduction or offset pursuant to subsection
(c), (d), (e), or (f) of section 6402 of the Internal Revenue
Code of 1986, or
(C) reduced or offset by other assessed Federal taxes
that would otherwise be subject to levy or collection.
(2) ASSIGNMENT OF BENEFITS.—
(A) IN GENERAL.—The right of any person to any
applicable payment shall not be transferable or assignable,
at law or in equity, and no applicable payment shall be
subject to, execution, levy, attachment, garnishment, or
other legal process, or the operation of any bankruptcy
or insolvency law.
(B) ENCODING OF PAYMENTS.—In the case of an
applicable payment described in subparagraph (E)(iii)(I)
that is paid electronically by direct deposit through the
Automated Clearing House (ACH) network, the Secretary
of the Treasury (or the Secretary’s delegate) shall—

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134 STAT. 1973

(i) issue the payment using a unique identifier
that is reasonably sufficient to allow a financial institution to identify the payment as an applicable payment,
and
(ii) further encode the payment pursuant to the
same specifications as required for a benefit payment
defined in section 212.3 of title 31, Code of Federal
Regulations.
(C) GARNISHMENT.—
(i) ENCODED PAYMENTS.—In the case of a garnishment order that applies to an account that has received
an applicable payment that is encoded as provided
in subparagraph (B), a financial institution shall follow
the requirements and procedures set forth in part 212
of title 31, Code of Federal Regulations, except—
(I) notwithstanding section 212.4 of title 31,
Code of Federal Regulations (and except as provided in subclause (II)), a financial institution shall
not fail to follow the procedures of sections 212.5
and 212.6 of such title with respect to a garnishment order merely because such order has
attached, or includes, a notice of right to garnish
federal benefits issued by a State child support
enforcement agency, and
(II) a financial institution shall not, with
regard to any applicable payment, be required to
provide the notice referenced in sections 212.6 and
212.7 of title 31, Code of Federal Regulations.
(ii) OTHER PAYMENTS.—In the case of a garnishment order (other than an order that has been served
by the United States) that has been received by a
financial institution and that applies to an account
into which an applicable payment that has not been
encoded as provided in subparagraph (B) has been
deposited electronically on any date during the
lookback period or into which an applicable payment
that has been deposited by check on any date in the
lookback period, the financial institution, upon the
request of the account holder, shall treat the amount
of the funds in the account at the time of the request,
up to the amount of the applicable payment (in addition
to any amounts otherwise protected under part 212
of title 31, Code of Federal Regulations), as exempt
from a garnishment order without requiring the consent of the party serving the garnishment order or
the judgment creditor.
(iii) LIABILITY.—A financial institution that acts
in good faith in reliance on clauses (i) or (ii) shall
not be subject to liability or regulatory action under
any Federal or State law, regulation, court or other
order, or regulatory interpretation for actions concerning any applicable payments.
(D) NO RECLAMATION RIGHTS.—This paragraph shall
not alter the status of applicable payments as tax refunds
or other nonbenefit payments for purpose of any reclamation rights of the Department of the Treasury or the

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PUBLIC LAW 116–260—DEC. 27, 2020
Internal Revenue Service as per part 210 of title 31, Code
of Federal Regulations.
(E) DEFINITIONS.—For purposes of this paragraph—
(i) ACCOUNT HOLDER.—The term ‘‘account holder’’
means a natural person whose name appears in a
financial institution’s records as the direct or beneficial
owner of an account.
(ii) ACCOUNT REVIEW.—The term ‘‘account review’’
means the process of examining deposits in an account
to determine if an applicable payment has been deposited into the account during the lookback period. The
financial institution shall perform the account review
following the procedures outlined in section 212.5 of
title 31, Code of Federal Regulations and in accordance
with the requirements of section 212.6 of title 31, Code
of Federal Regulations.
(iii) APPLICABLE PAYMENT.—The term ‘‘applicable
payment’’ means—
(I) any advance refund amount paid pursuant
to section 6428A(f) of Internal Revenue Code of
1986 (as added by this section),
(II) any payment made by a possession of the
United States with a mirror code tax system (as
defined in subsection (c) of this section) pursuant
to such subsection which corresponds to a payment
described in subclause (I), and
(III) any payment made by a possession of
the United States without a mirror code tax system
(as so defined) pursuant to subsection (c) of this
section.
(iv) GARNISHMENT.—The term ‘‘garnishment’’
means execution, levy, attachment, garnishment, or
other legal process.
(v) GARNISHMENT ORDER.—The term ‘‘garnishment
order’’ means a writ, order, notice, summons, judgment,
levy, or similar written instruction issued by a court,
a State or State agency, a municipality or municipal
corporation, or a State child support enforcement
agency, including a lien arising by operation of law
for overdue child support or an order to freeze the
assets in an account, to effect a garnishment against
a debtor.
(vi) LOOKBACK PERIOD.—The term ‘‘lookback
period’’ means the two month period that begins on
the date preceding the date of account review and
ends on the corresponding date of the month two
months earlier, or on the last date of the month two
months earlier if the corresponding date does not exist.
(3) AGENCY INFORMATION SHARING AND ASSISTANCE.—
(A) IN GENERAL.—The Commissioner of Social Security,
the Railroad Retirement Board, and the Secretary of Veterans Affairs shall each provide the Secretary of the
Treasury (or the Secretary’s delegate) such information
and assistance as the Secretary of the Treasury (or the
Secretary’s delegate) may require for purposes of—

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134 STAT. 1975

(i) making payments under section 6428A(f) of the
Internal Revenue Code of 1986 to individuals described
in paragraph (5)(A) thereof, or
(ii) providing administrative assistance to a possession of the United States (as defined in subsection
(c)(3)(A)) to allow such possession to promptly distribute payments under subsection (c) to its residents.
(B) EXCHANGE OF INFORMATION WITH POSSESSIONS.—
Any information provided to the Secretary of the Treasury
(or the Secretary’s delegate) pursuant to subparagraph
(A)(ii) may be exchanged with a possession of the United
States in accordance with the applicable tax coordination
agreement for information exchange and administrative
assistance that the Internal Revenue Service has agreed
to with such possession.
(e) PUBLIC AWARENESS CAMPAIGN.—The Secretary of the
Treasury (or the Secretary’s delegate) shall conduct a public awareness campaign, in coordination with the Commissioner of Social
Security and the heads of other relevant Federal agencies, to provide
information regarding the availability of the credit and rebate
allowed under section 6428A of the Internal Revenue Code of 1986
(as added by this section), including information with respect to
individuals who may not have filed a tax return for taxable year
2019.
(f) APPROPRIATIONS TO CARRY OUT REBATES AND ADDRESS
COVID-RELATED TAX ADMINISTRATION ISSUES.—
(1) IN GENERAL.—Immediately upon the enactment of this
Act, the following sums are appropriated, out of any money
in the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2021:
(A) DEPARTMENT OF THE TREASURY.—
(i) For an additional amount for ‘‘Department of
the Treasury—Internal Revenue Service—Taxpayer
Services’’, $178,335,000, to remain available until September 30, 2021.
(ii) For an additional amount for ‘‘Department of
the Treasury—Internal Revenue Service—Operations
Support’’, $273,237,000, to remain available until September 30, 2021.
(iii) For an additional amount for ‘‘Department
of Treasury—Internal Revenue Service—Enforcement’’,
$57,428,000, to remain available until September 30,
2021.
Amounts made available in appropriations under this
subparagraph may be transferred between such appropriations upon the advance notification of the Committees on
Appropriations of the House of Representatives and the
Senate. Such transfer authority is in addition to any other
transfer authority provided by law.
(B) SOCIAL SECURITY ADMINISTRATION.—For an additional amount for ‘‘Social Security Administration—Limitation on Administrative Expenses’’, $38,000,000, to remain
available until September 30, 2021.
(C) RAILROAD RETIREMENT BOARD.—For an additional
amount for ‘‘Railroad Retirement Board—Limitation on
Administration’’, $8,300, to remain available until September 30, 2021.

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Coordination.
26 USC 6428A
note.

Transfer
authority.
Notification.

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PUBLIC LAW 116–260—DEC. 27, 2020
(2) REPORTS.—No later than 15 days after enactment of
this Act, the Secretary of the Treasury shall submit a plan
to the Committees on Appropriations of the House of Representatives and the Senate detailing the expected use of the funds
provided by paragraph (1)(A). Beginning 90 days after enactment of this Act, the Secretary of the Treasury shall submit
a quarterly report to the Committees on Appropriations of
the House of Representatives and the Senate detailing the
actual expenditure of funds provided by paragraph (1)(A) and
the expected expenditure of such funds in the subsequent
quarter.
(g) CONFORMING AMENDMENTS.—
(1) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting ‘‘6428A,’’ after ‘‘6428,’’.
(2) The table of sections for subchapter B of chapter 65
of subtitle F is amended by inserting after the item relating
to section 6428 the following:

Plan.

Time period.

26 USC 6411
prec.

‘‘Sec. 6428A. Additional 2020 recovery rebates for individuals.’’.
SEC. 273. AMENDMENTS TO RECOVERY REBATES UNDER THE CARES
ACT.

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(a) AMENDMENTS TO SECTION 6428 OF THE INTERNAL REVENUE
CODE OF 1986.—Section 6428 is amended—
(1) in subsection (c)(1), by inserting ‘‘or a surviving spouse
(as defined in section 2(a))’’ after ‘‘joint return’’,
(2) in subsection (f)—
(A) in paragraph (3)(A), by striking ‘‘section’’ and
inserting ‘‘subsection’’,
(B) in paragraph (4), by striking ‘‘section’’ and inserting
‘‘subsection’’, and
(C) by redesignating paragraph (6) as paragraph (7)
and by inserting after paragraph (5) the following new
paragraph:
‘‘(6) PAYMENT TO REPRESENTATIVE PAYEES AND FIDUCIARIES.—
‘‘(A) IN GENERAL.—In the case of any individual for
which payment information is provided to the Secretary
by the Commissioner of Social Security, the Railroad
Retirement Board, or the Secretary of Veterans Affairs,
the payment by the Secretary under paragraph (3) with
respect to such individual may be made to such individual’s
representative payee or fiduciary and the entire payment
shall be—
‘‘(i) provided to the individual who is entitled to
the payment, or
‘‘(ii) used only for the benefit of the individual
who is entitled to the payment.
‘‘(B) APPLICATION OF ENFORCEMENT PROVISIONS.—
‘‘(i) In the case of a payment described in subparagraph (A) which is made with respect to a social security beneficiary or a supplemental security income
recipient, section 1129(a)(3) of the Social Security Act
(42 U.S.C. 1320a–8(a)(3)) shall apply to such payment
in the same manner as such section applies to a payment under title II or XVI of such Act.

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134 STAT. 1977

‘‘(ii) In the case of a payment described in subparagraph (A) which is made with respect to a railroad
retirement beneficiary, section 13 of the Railroad
Retirement Act (45 U.S.C. 231l) shall apply to such
payment in the same manner as such section applies
to a payment under such Act.
‘‘(iii) In the case of a payment described in subparagraph (A) which is made with respect to a veterans
beneficiary, sections 5502, 6106, and 6108 of title 38,
United States Code, shall apply to such payment in
the same manner as such sections apply to a payment
under such title.’’, and
(3) by striking subsection (g) and inserting the following:
‘‘(g) IDENTIFICATION NUMBER REQUIREMENT.—
‘‘(1) REQUIREMENTS FOR CREDIT.—Subject to paragraph (2),
with respect to the credit allowed under subsection (a), the
following provisions shall apply:
‘‘(A) IN GENERAL.—In the case of a return other than
a joint return, the $1,200 amount in subsection (a)(1) shall
be treated as being zero unless the taxpayer includes the
valid identification number of the taxpayer on the return
of tax for the taxable year.
‘‘(B) JOINT RETURNS.—In the case of a joint return,
the $2,400 amount in subsection (a)(1) shall be treated
as being—
‘‘(i) $1,200 if the valid identification number of
only 1 spouse is included on the return of tax for
the taxable year, and
‘‘(ii) zero if the valid identification number of neither spouse is so included.
‘‘(C) QUALIFYING CHILD.—A qualifying child of a taxpayer shall not be taken into account under subsection
(a)(2) unless—
‘‘(i) the taxpayer includes the valid identification
number of such taxpayer (or, in the case of a joint
return, the valid identification number of at least 1
spouse) on the return of tax for the taxable year,
and
‘‘(ii) the valid identification number of such qualifying child is included on the return of tax for the
taxable year.
‘‘(2) REQUIREMENTS FOR ADVANCE REFUNDS.—No refund
shall be payable under subsection (f) to an eligible individual
who does not include on the return of tax for the taxable
year—
‘‘(A) such individual’s valid identification number,
‘‘(B) in the case of a joint return, the valid identification
number of such individual’s spouse, and
‘‘(C) in the case of any qualifying child taken into
account under subsection (a)(2), the valid identification
number of such qualifying child.
‘‘(3) VALID IDENTIFICATION NUMBER.—
‘‘(A) IN GENERAL.—For purposes of this subsection, the
term ‘valid identification number’ means a social security
number (as such term is defined in section 24(h)(7)).
‘‘(B) ADOPTION TAXPAYER IDENTIFICATION NUMBER.—
For purposes of paragraphs (1)(C) and (2)(C), in the case

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Definition.

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of a qualifying child who is adopted or placed for adoption,
the term ‘valid identification number’ shall include the
adoption taxpayer identification number of such child.
‘‘(4) SPECIAL RULE FOR MEMBERS OF THE ARMED FORCES.—
Paragraphs (1)(B) and (2)(B) shall not apply in the case where
at least 1 spouse was a member of the Armed Forces of the
United States at any time during the taxable year and the
valid identification number of at least 1 spouse is included
on the return of tax for the taxable year.
‘‘(5) MATHEMATICAL OR CLERICAL ERROR AUTHORITY.—Any
omission of a correct valid identification number required under
this subsection shall be treated as a mathematical or clerical
error for purposes of applying section 6213(g)(2) to such omission.’’.
(b) AMENDMENTS TO SECTION 2201 OF THE CARES ACT.—Section 2201 of the CARES Act is amended—
(1) in subsection (d), by striking ‘‘Any credit or refund
allowed or made to any individual by reason of section 6428
of the Internal Revenue Code of 1986 (as added by this section)
or by reason of subsection (c) of this section’’ and inserting
‘‘Any refund payable by reason of section 6428(f) of the Internal
Revenue Code of 1986 (as added by this section), or any such
refund payable by reason of subsection (c) of this section,’’,
and
(2) in subsection (f)(1)(A)(i), by inserting after ‘‘September
30, 2021’’ the following: ‘‘, of which up to $63,000,000 may
be transferred to the ‘‘Department of the Treasury—Bureau
of the Fiscal Service—Debt Collection’’ for necessary expenses
related to the implementation and operation of Governmentwide debt collection activities pursuant to sections 3711(g),
3716, and 3720A of title 31, United States Code, and subsections (c) through (f) of section 6402 of the Internal Revenue
Code of 1986 to offset the loss resulting from the coronavirus
pandemic of debt collection receipts collected pursuant to such
sections: Provided, That amounts transferred pursuant to this
clause shall be in addition to any other funds made available
for this purpose’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect as if included in section 2201 of the CARES
Act.

Ante, p. 338.

Ante, p. 339.

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26 USC 6428
note.

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PUBLIC LAW 116–260—DEC. 27, 2020

26 USC 7508A
note.
Applicability.

SEC. 274. EXTENSION OF CERTAIN DEFERRED PAYROLL TAXES.

26 USC 62 note.

SEC. 275. REGULATIONS OR GUIDANCE CLARIFYING APPLICATION OF
EDUCATOR EXPENSE TAX DEDUCTION.

Deadline.

Not later than February 28, 2021, the Secretary of the Treasury
(or the Secretary’s delegate) shall by regulation or other guidance
clarify that personal protective equipment, disinfectant, and other

14:53 Oct 26, 2021

The Secretary of the Treasury (or the Secretary’s delegate)
shall ensure that Internal Revenue Service Notice 2020–65 (entitled
‘‘Relief with Respect to Employment Tax Deadlines Applicable to
Employers Affected by the Ongoing Coronavirus (COVID–19) Disease 2019 Pandemic’’) and any successor or related regulation,
notice, or guidance is applied—
(1) by substituting ‘‘December 31, 2021’’ for ‘‘April 30, 2021’’
each place it appears therein, and
(2) by substituting ‘‘January 1, 2022’’ for ‘‘May 1, 2021’’
each place it appears therein.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1979

supplies used for the prevention of the spread of COVID–19 are
treated as described in section 62(a)(2)(D)(ii) of the Internal Revenue
Code of 1986. Such regulations or other guidance shall apply to
expenses paid or incurred after March 12, 2020.

Applicability.
Effective date.

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SEC. 276. CLARIFICATION OF TAX TREATMENT OF FORGIVENESS OF
COVERED LOANS.

(a) ORIGINAL PAYCHECK PROTECTION PROGRAM LOANS.—
(1) IN GENERAL.—Subsection (i) of section 7A of the Small
Business Act, as redesignated, transferred, and amended by
the Economic Aid to Hard-Hit Small Businesses, Nonprofits,
and Venues Act, is amended to read as follows:
‘‘(i) TAX TREATMENT.—For purposes of the Internal Revenue
Code of 1986—
‘‘(1) no amount shall be included in the gross income of
the eligible recipient by reason of forgiveness of indebtedness
described in subsection (b),
‘‘(2) no deduction shall be denied, no tax attribute shall
be reduced, and no basis increase shall be denied, by reason
of the exclusion from gross income provided by paragraph (1),
and
‘‘(3) in the case of an eligible recipient that is a partnership
or S corporation—
‘‘(A) any amount excluded from income by reason of
paragraph (1) shall be treated as tax exempt income for
purposes of sections 705 and 1366 of the Internal Revenue
Code of 1986, and
‘‘(B) except as provided by the Secretary of the
Treasury (or the Secretary’s delegate), any increase in the
adjusted basis of a partner’s interest in a partnership under
section 705 of the Internal Revenue Code of 1986 with
respect to any amount described in subparagraph (A) shall
equal the partner’s distributive share of deductions
resulting from costs giving rise to forgiveness described
in subsection (b).’’.
(2) EFFECTIVE DATE.—The amendment made by this subsection shall apply to taxable years ending after the date of
the enactment of the CARES Act.
(b) SUBSEQUENT PAYCHECK PROTECTION PROGRAM LOANS.—For
purposes of the Internal Revenue Code of 1986, in the case of
any taxable year ending after the date of the enactment of this
Act—
(1) no amount shall be included in the gross income of
an eligible entity (within the meaning of subparagraph (J)
of section 7(a)(37) of the Small Business Act) by reason of
forgiveness of indebtedness described in clause (ii) of such
subparagraph,
(2) no deduction shall be denied, no tax attribute shall
be reduced, and no basis increase shall be denied, by reason
of the exclusion from gross income provided by paragraph (1),
and
(3) in the case of an eligible entity that is a partnership
or S corporation—
(A) any amount excluded from income by reason of
paragraph (1) shall be treated as tax exempt income for
purposes of sections 705 and 1366 of the Internal Revenue
Code of 1986, and

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15 USC 636m.

15 USC 636m
note.
15 USC 636 note.

PUBL260A

134 STAT. 1980

PUBLIC LAW 116–260—DEC. 27, 2020
(B) except as provided by the Secretary of the Treasury
(or the Secretary’s delegate), any increase in the adjusted
basis of a partner’s interest in a partnership under section
705 of the Internal Revenue Code of 1986 with respect
to any amount described in subparagraph (A) shall equal
the partner’s distributive share of deductions resulting from
costs giving rise to the forgiveness of indebtedness referred
to in paragraph (1).

20 USC 1001
note.

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15 USC 9008
note.

SEC. 277. EMERGENCY FINANCIAL AID GRANTS.

(a) IN GENERAL.—In the case of a student receiving a qualified
emergency financial aid grant—
(1) such grant shall not be included in the gross income
of such individual for purposes of the Internal Revenue Code
of 1986, and
(2) such grant shall not be treated as described in subparagraph (A), (B), or (C) of section 25A(g)(2) of such Code.
(b) DEFINITIONS.—For purposes of this subsection, the term
‘‘qualified emergency financial aid grant’’ means—
(1) any emergency financial aid grant awarded by an
institution of higher education under section 3504 of the CARES
Act,
(2) any emergency financial aid grant from an institution
of higher education made with funds made available under
section 18004 of the CARES Act, and
(3) any other emergency financial aid grant made to a
student from a Federal agency, a State, an Indian tribe, an
institution of higher education, or a scholarship-granting
organization (including a tribal organization, as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C.5304)) for the purpose of providing financial
relief to students enrolled at institutions of higher education
in response to a qualifying emergency (as defined in section
3502(a)(4) of the CARES Act).
(c) LIMITATION.—This section shall not apply to that portion
of any amount received which represents payment for teaching,
research, or other services required as a condition for receiving
the qualified emergency financial aid grant.
(d) EFFECTIVE DATE.—This section shall apply to qualified
emergency financial aid grants made after March 26, 2020.
SEC. 278. CLARIFICATION OF TAX TREATMENT OF CERTAIN LOAN
FORGIVENESS AND OTHER BUSINESS FINANCIAL ASSISTANCE.

(a) UNITED STATES TREASURY PROGRAM MANAGEMENT
AUTHORITY.—For purposes of the Internal Revenue Code of 1986—
(1) no amount shall be included in the gross income of
a borrower by reason of forgiveness of indebtedness described
in section 1109(d)(2)(D) of the CARES Act,
(2) no deduction shall be denied, no tax attribute shall
be reduced, and no basis increase shall be denied, by reason
of the exclusion from gross income provided by paragraph (1),
and
(3) in the case of a borrower that is a partnership or
S corporation—
(A) any amount excluded from income by reason of
paragraph (1) shall be treated as tax exempt income for

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1981

purposes of sections 705 and 1366 of the Internal Revenue
Code of 1986, and
(B) except as provided by the Secretary of the Treasury
(or the Secretary’s delegate), any increase in the adjusted
basis of a partner’s interest in a partnership under section
705 of the Internal Revenue Code of 1986 with respect
to any amount described in subparagraph (A) shall equal
the partner’s distributive share of deductions resulting from
costs giving rise to forgiveness described in section
1109(d)(2)(D) of the CARES Act.
(b) EMERGENCY EIDL GRANTS AND TARGETED EIDL
ADVANCES.—For purposes of the Internal Revenue Code of 1986—
(1) any advance described in section 1110(e) of the CARES
Act or any funding under section 331 of the Economic Aid
to Hard-Hit Small Businesses, Nonprofits, and Venues Act shall
not be included in the gross income of the person that receives
such advance or funding,
(2) no deduction shall be denied, no tax attribute shall
be reduced, and no basis increase shall be denied, by reason
of the exclusion from gross income provided by paragraph (1),
and
(3) in the case of a partnership or S corporation that
receives such advance or funding—
(A) any amount excluded from income by reason of
paragraph (1) shall be treated as tax exempt income for
purposes of sections 705 and 1366 of the Internal Revenue
Code of 1986, and
(B) the Secretary of the Treasury (or the Secretary’s
delegate) shall prescribe rules for determining a partner’s
distributive share of any amount described in subparagraph
(A) for purposes of section 705 of the Internal Revenue
Code of 1986.
(c) SUBSIDY FOR CERTAIN LOAN PAYMENTS.—For purposes of
the Internal Revenue Code of 1986—
(1) any payment described in section 1112(c) of the CARES
Act shall not be included in the gross income of the person
on whose behalf such payment is made,
(2) no deduction shall be denied, no tax attribute shall
be reduced, and no basis increase shall be denied, by reason
of the exclusion from gross income provided by paragraph (1),
and
(3) in the case of a partnership or S corporation on whose
behalf of a payment described in section 1112(c) of the CARES
Act is made—
(A) any amount excluded from income by reason of
paragraph (1) shall be treated as tax exempt income for
purposes of sections 705 and 1366 of the Internal Revenue
Code of 1986, and
(B) except as provided by the Secretary of the Treasury
(or the Secretary’s delegate), any increase in the adjusted
basis of a partner’s interest in a partnership under section
705 of the Internal Revenue Code of 1986 with respect
to any amount described in subparagraph (A) shall equal
the sum of the partner’s distributive share of deductions
resulting from interest and fees described in section 1112(c)
of the CARES Act and the partner’s share, as determined
under section 752 of the Internal Revenue Code of 1986,

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Regulations.
Determination.

PUBL260A

134 STAT. 1982

Regulations.
Determination.

Applicability.

PUBLIC LAW 116–260—DEC. 27, 2020

of principal described in section 1112(c) of the CARES
Act.
(d) GRANTS FOR SHUTTERED VENUE OPERATORS.—For purposes
of the Internal Revenue Code of 1986—
(1) any grant made under section 324 of the Economic
Aid to Hard-Hit Small Businesses, Nonprofits, and Venues
Act shall not be included in the gross income of the person
that receives such grant,
(2) no deduction shall be denied, no tax attribute shall
be reduced, and no basis increase shall be denied, by reason
of the exclusion from gross income provided by paragraph (1),
and
(3) in the case of a partnership or S corporation that
receives such grant—
(A) any amount excluded from income by reason of
paragraph (1) shall be treated as tax exempt income for
purposes of sections 705 and 1366 of the Internal Revenue
Code of 1986, and
(B) the Secretary of the Treasury (or the Secretary’s
delegate) shall prescribe rules for determining a partner’s
distributive share of any amount described in subparagraph
(A) for purposes of section 705 of the Internal Revenue
Code of 1986.
(e) EFFECTIVE DATES.—
(1) IN GENERAL.—Except as otherwise provided in this subsection, subsections (a), (b), and (c) shall apply to taxable years
ending after the date of the enactment of the CARES Act.
(2) GRANTS FOR SHUTTERED VENUE OPERATORS; TARGETED
EIDL ADVANCES.—Subsection (d), and so much of subsection
(b) as relates to funding under section 331 of the Economic
Aid to Hard-Hit Small Businesses, Nonprofits, and Venues
Act, shall apply to taxable years ending after the date of the
enactment of this Act.
SEC. 279. AUTHORITY TO WAIVE CERTAIN INFORMATION REPORTING
REQUIREMENTS.

26 USC 6031
note prec.

The Secretary of the Treasury (or the Secretary’s delegate)
may provide an exception from any requirement to file an information return otherwise required by chapter 61 of the Internal Revenue Code of 1986 with respect to any amount excluded from
gross income by reason of section 7A(i) of the Small Business
Act or section 276(b), 277, or 278 of this subtitle.
SEC. 280. APPLICATION OF SPECIAL RULES TO MONEY PURCHASE PENSION PLANS.
Ante, p. 342.

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26 USC 72 note.

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14:53 Oct 26, 2021

(a) IN GENERAL.—Section 2202(a)(6)(B) of the CARES Act is
amended by inserting ‘‘, and, in the case of a money purchase
pension plan, a coronavirus-related distribution which is an inservice withdrawal shall be treated as meeting the distribution
rules of section 401(a) of the Internal Revenue Code of 1986’’ before
the period.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply as if included in the enactment of section 2202 of
the CARES Act.

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PUBL260A

PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1983

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SEC. 281. ELECTION TO WAIVE APPLICATION OF CERTAIN MODIFICATIONS TO FARMING LOSSES.

(a) IN GENERAL.—Section 2303 of the CARES Act is amended
by adding at the end the following new subsection:
‘‘(e) SPECIAL RULES WITH RESPECT TO FARMING LOSSES.—
‘‘(1) ELECTION TO DISREGARD APPLICATION OF AMENDMENTS
MADE BY SUBSECTIONS (a) AND (b).—
‘‘(A) IN GENERAL.—If a taxpayer who has a farming
loss (within the meaning of section 172(b)(1)(B)(ii) of the
Internal Revenue Code of 1986) for any taxable year beginning in 2018, 2019, or 2020 makes an election under this
paragraph, then—
‘‘(i) the amendments made by subsection (a) shall
not apply to any taxable year beginning in 2018, 2019,
or 2020, and
‘‘(ii) the amendments made by subsection (b) shall
not apply to any net operating loss arising in any
taxable year beginning in 2018, 2019, or 2020.
‘‘(B) ELECTION.—
‘‘(i) IN GENERAL.—Except as provided in clause
(ii)(II), an election under this paragraph shall be made
in such manner as may be prescribed by the Secretary.
Such election, once made, shall be irrevocable.
‘‘(ii) TIME FOR MAKING ELECTION.—
‘‘(I) IN GENERAL.—An election under this paragraph shall be made by the due date (including
extensions of time) for filing the taxpayer’s return
for the taxpayer’s first taxable year ending after
the date of the enactment of the COVID-related
Tax Relief Act of 2020.
‘‘(II) PREVIOUSLY FILED RETURNS.—In the case
of any taxable year for which the taxpayer has
filed a return of Federal income tax before the
date of the enactment of the COVID-related Tax
Relief Act of 2020 which disregards the amendments made by subsections (a) and (b), such taxpayer shall be treated as having made an election
under this paragraph unless the taxpayer amends
such return to reflect such amendments by the
due date (including extensions of time) for filing
the taxpayer’s return for the first taxable year
ending after the date of the enactment of the
COVID-related Tax Relief Act of 2020.
‘‘(C) REGULATIONS.—The Secretary of the Treasury (or
the Secretary’s delegate) shall issue such regulations and
other guidance as may be necessary to carry out the purposes of this paragraph, including regulations and guidance
relating to the application of the rules of section 172(a)
of the Internal Revenue Code of 1986 (as in effect before
the date of the enactment of the CARES Act) to taxpayers
making an election under this paragraph.
‘‘(2) REVOCATION OF ELECTION TO WAIVE CARRYBACK.—The
last sentence of section 172(b)(3) of the Internal Revenue Code
of 1986 and the last sentence of section 172(b)(1)(B) of such
Code shall not apply to any election—
‘‘(A) which was made before the date of the enactment
of the COVID-related Tax Relief Act of 2020, and

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26 USC 172 note.

PUBL260A

134 STAT. 1984

26 USC 172 note.

PUBLIC LAW 116–260—DEC. 27, 2020

‘‘(B) which relates to the carryback period provided
under section 172(b)(1)(B) of such Code with respect to
any net operating loss arising in taxable years beginning
in 2018 or 2019.’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall take effect as if included in section 2303 of the CARES
Act.
SEC. 282. OVERSIGHT AND AUDIT REPORTING.

Section 19010(a)(1) of the CARES Act is amended by striking
‘‘and’’ at the end of subparagraph (F), by striking ‘‘and’’ at the
end of subparagraph (G), and by adding at the end the following
new subparagraphs:
‘‘(H) the Committee on Finance of the Senate; and
‘‘(I) the Committee on Ways and Means of the House
of Representatives; and’’.

Ante, p. 579.

SEC.

26 USC 6103.

DISCLOSURES TO IDENTIFY TAX RECEIVABLES NOT
ELIGIBLE FOR COLLECTION PURSUANT TO QUALIFIED
TAX COLLECTION CONTRACTS.

(a) IN GENERAL.—Section 1106 of the Social Security Act (42
U.S.C. 1306) is amended by adding at the end the following:
‘‘(g) Notwithstanding any other provision of this section, the
Commissioner of Social Security shall enter into an agreement
with the Secretary of the Treasury under which—
‘‘(1) if the Secretary provides the Commissioner with the
information described in section 6103(k)(15) of the Internal
Revenue Code of 1986 with respect to any individual, the
Commissioner shall indicate to the Secretary as to whether
such individual receives disability insurance benefits under
section 223 or supplemental security income benefits under
title XVI (including State supplementary payments of the type
referred to in section 1616(a) or payments of the type described
in section 212(a) of Public Law 93–66);
‘‘(2) appropriate safeguards are included to assure that
the indication described in paragraph (1) will be used solely
for the purpose of determining if tax receivables involving such
individual are not eligible for collection pursuant to a qualified
tax collection contract by reason of section 6306(d)(3)(E) of
the Internal Revenue Code of 1986; and
‘‘(3) the Secretary shall pay the Commissioner of Social
Security the full costs (including systems and administrative
costs) of providing the indication described in paragraph (1).’’.
(b) AUTHORIZATION OF DISCLOSURE BY SECRETARY OF THE
TREASURY.—
(1) IN GENERAL.—Section 6103(k) is amended by adding
at the end the following new paragraph:
‘‘(15) DISCLOSURES TO SOCIAL SECURITY ADMINISTRATION

Determination.

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283.

TO IDENTIFY TAX RECEIVABLES NOT ELIGIBLE FOR COLLECTION
PURSUANT TO QUALIFIED TAX COLLECTION CONTRACTS.—In the

case of any individual involved with a tax receivable which
the Secretary has identified for possible collection pursuant
to a qualified tax collection contract (as defined in section
6306(b)), the Secretary may disclose the taxpayer identity and
date of birth of such individual to officers, employees, and
contractors of the Social Security Administration to determine
if such tax receivable is not eligible for collection pursuant

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1985

to such a qualified tax collection contract by reason of section
6306(d)(3)(E).’’.
(2) CONFORMING AMENDMENTS RELATED TO SAFEGUARDS.—
(A) Section 6103(a)(3) is amended by striking ‘‘or (14)’’
and inserting ‘‘(14), or (15)’’.
(B) Section 6103(p)(4) is amended—
(i) by striking ‘‘(k)(8), (10) or (11)’’ both places
it appears and inserting ‘‘(k)(8), (10), (11), or (15)’’,
and
(ii) by striking ‘‘any other person described in subsection (k)(10)’’ each place it appears and inserting
‘‘any other person described in subsection (k)(10) or
(15)’’.
(C) Section 7213(a)(2) is amended by striking ‘‘(k)(10),
(13), or (14)’’ and inserting ‘‘(k)(10), (13), (14), or (15)’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to disclosures made on or after the date of the enactment
of this Act.

26 USC 7213.
26 USC 6103
note.

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SEC. 284. MODIFICATION OF CERTAIN PROTECTIONS FOR TAXPAYER
RETURN INFORMATION.

(a) AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986.—
(1) IN GENERAL.—Subparagraph (D) of section 6103(l)(13)
is amended—
(A) by inserting at the end of clause (iii) the following
new sentence: ‘‘Under such terms and conditions as may
be prescribed by the Secretary, after consultation with
the Department of Education, an institution of higher education described in subclause (I) or a State higher education
agency described in subclause (II) may designate a contractor of such institution or state agency to receive return
information on behalf of such institution or state agency
to administer aspects of the institution’s or state agency’s
activities for the application, award, and administration
of such financial aid.’’, and
(B) by adding at the end the following:
‘‘(iv) REDISCLOSURE TO OFFICE OF INSPECTOR GENERAL, INDEPENDENT AUDITORS, AND CONTRACTORS.—
Any return information which is redisclosed under
clause (iii)—
‘‘(I) may be further disclosed by persons
described in subclauses (I), (II), or (III) of clause
(iii) or persons designated in the last sentence
of clause (iii) to the Office of Inspector General
of the Department of Education and independent
auditors conducting audits of such person’s
administration of the programs for which the
return information was received, and
‘‘(II) may be further disclosed by persons
described in subclauses (I), (II), or (III) of clause
(iii) to contractors of such entities,
but only to the extent necessary in carrying out the
purposes described in such clause (iii).
‘‘(v) REDISCLOSURE TO FAMILY MEMBERS.—In addition to the purposes for which information is disclosed
and used under subparagraphs (A) and (C), or redisclosed under clause (iii), any return information so

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26 USC 6103.

Consultation.

PUBL260A

134 STAT. 1986

disclosed or redisclosed may be further disclosed to
any individual certified by the Secretary of Education
as having provided approval under paragraph (1) or
(2) of section 494(a) of the Higher Education Act of
1965, as the case may be, for disclosure related to
the income-contingent or income-based repayment plan
under subparagraph (A) or the eligibility for, and
amount of, Federal student financial aid described in
subparagraph (C).
‘‘(vi) REDISCLOSURE OF FAFSA INFORMATION.—
Return information received under subparagraph (C)
may be redisclosed in accordance with subsection (c)
of section 494 of the Higher Education Act of 1965
(as in effect on the date of enactment of the COVIDrelated Tax Relief Act of 2020) to carry out the purposes specified in such subsection.’’.
(2) CONFORMING AMENDMENT.—Subparagraph (F) of section
6103(l)(13) is amended by inserting ‘‘, and any redisclosure
authorized under clause (iii), (iv) (v), or (vi) of subparagraph
(D),’’ after ‘‘ or (C)’’.
(3) CONFIDENTIALITY OF RETURN INFORMATION.—
(A) Section 6103(a)(3), as amended by section
3516(a)(1) of the CARES Act, is amended by striking
‘‘(13)(A), (13)(B), (13)(C), (13)(D)(i),’’ and inserting ‘‘(13)
(other than subparagraphs (D)(v) and (D)(vi) thereof),’’.
(B) Section 6103(p)(3)(A), as amended by section
3516(a)(2) of such Act, is amended by striking ‘‘(13)(A),
(13)(B), (13)(C), (13)(D)(i),’’ and inserting ‘‘(13)(D)(iv),
(13)(D)(v), (13)(D)(vi)’’.
(4) EFFECTIVE DATE.—The amendments made by this subsection shall apply to disclosures made after the date of the
enactment of the FUTURE Act (Public Law 116–91).
(b) AMENDMENTS TO THE HIGHER EDUCATION ACT OF 1965.—
(1) IN GENERAL.—Section 494 of the Higher Education Act
of 1965 (20 U.S.C. 1098h(a)) is amended—
(A) in subsection (a)(1)—
(i) in the matter preceding subparagraph (A), by
inserting ‘‘, including return information,’’ after ‘‘financial information’’;
(ii) in subparagraph (A)—
(I) in clause (i)—
(aa) by striking ‘‘subparagraph (B), the’’
and inserting the following: ‘‘subparagraph
(B)—
‘‘(I) the’’; and
(bb) by adding at the end the following:
‘‘(II) the return information of such individuals
may be redisclosed pursuant to clauses (iii), (iv),
(v), and (vi) of section 6103(l)(13)(D) of the Internal
Revenue Code of 1986, for the relevant purposes
described in such section; and’’; and
(II) in clause (ii), by striking ‘‘such disclosure’’
and inserting ‘‘the disclosures described in subclauses (I) and (II) of clause (i)’’; and

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26 USC 6103
note.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1987

(iii) in subparagraph (B), by striking ‘‘disclosure
described in subparagraph (A)(i)’’ and inserting ‘‘disclosures described in subclauses (I) and (II) of subparagraph (A)(i)’’;
(B) in subsection (a)(2)(A)(ii), by striking ‘‘affirmatively
approve the disclosure described in paragraph (1)(A)(i) and
agree that such approval shall serve as an ongoing approval
of such disclosure until the date on which the individual
elects to opt out of such disclosure’’ and inserting ‘‘affirmatively approve the disclosures described in subclauses (I)
and (II) of paragraph (1)(A)(i), to the extent applicable,
and agree that such approval shall serve as an ongoing
approval of such disclosures until the date on which the
individual elects to opt out of such disclosures’’; and
(C) by adding at the end the following:
‘‘(c) ACCESS TO FAFSA INFORMATION.—
‘‘(1) REDISCLOSURE OF INFORMATION.—The information in
a complete, unredacted Student Aid Report (including any
return information disclosed under section 6103(l)(13) of the
Internal Revenue Code of 1986 (26 U.S.C. 6103(l)(13))) with
respect to an application described in subsection (a)(1) of an
applicant for Federal student financial aid—
‘‘(A) upon request for such information by such
applicant, shall be provided to such applicant by—
‘‘(i) the Secretary; or
‘‘(ii) in a case in which the Secretary has requested
that institutions of higher education carry out the
requirements of this subparagraph, an institution of
higher education that has received such information;
and
‘‘(B) with the written consent by the applicant to an
institution of higher education, may be provided by such
institution of higher education as is necessary to a scholarship granting organization (including a tribal organization
(defined in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304))), or to an
organization assisting the applicant in applying for and
receiving Federal, State, local, or tribal assistance, that
is designated by the applicant to assist the applicant in
applying for and receiving financial assistance for any
component of the applicant’s cost of attendance (defined
in section 472) at that institution.
‘‘(2) DISCUSSION OF INFORMATION.—A discussion of the
information in an application described in subsection (a)(1)
(including any return information disclosed under section
6103(l)(13) of the Internal Revenue Code of 1986 (26 U.S.C.
6103(l)(13)) of an applicant between an institution of higher
education and the applicant may, with the written consent
of the applicant, include an individual selected by the applicant
(such as an advisor) to participate in such discussion.
‘‘(3) RESTRICTION ON DISCLOSING INFORMATION.—A person
receiving information under paragraph (1)(B) or (2) with respect
to an applicant shall not use the information for any purpose
other than the express purpose for which consent was granted
by the applicant and shall not disclose such information to
any other person without the express permission of, or request
by, the applicant.

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PUBL260A

134 STAT. 1988

PUBLIC LAW 116–260—DEC. 27, 2020
‘‘(4) DEFINITIONS.—In this subsection:
‘‘(A) STUDENT AID REPORT.—The term ‘Student Aid
Report’ has the meaning given the term in section 668.2
of title 34, Code of Federal Regulations (or successor regulations).
‘‘(B) WRITTEN CONSENT.—The term ‘written consent’
means a separate, written document that is signed and
dated (which may include by electronic format) by an
applicant, which—
‘‘(i) indicates that the information being disclosed
includes return information disclosed under section
6103(l)(13) of the Internal Revenue Code of 1986 (26
U.S.C. 6103(l)(13)) with respect to the applicant;
‘‘(ii) states the purpose for which the information
is being disclosed; and
‘‘(iii) states that the information may only be used
for the specific purpose and no other purposes.
‘‘(5) RECORD KEEPING REQUIREMENT.—An institution of
higher education shall—
‘‘(A) keep a record of each written consent made under
this subsection for a period of at least 3 years from the
date of the student’s last date of attendance at the institution; and
‘‘(B) make each such record readily available for review
by the Secretary.’’.
(2) CONFORMING AMENDMENT.—Section 494(a)(3) of the
Higher Education Act of 1965 (20 U.S.C. 1098h(a)(3)) is
amended by striking ‘‘paragraph (1)(A)(i)’’ both places the term
appears and inserting ‘‘paragraph (1)(A)(i)(I)’’.

Time period.

Review.

SEC. 285. 2020 ELECTION TO TERMINATE TRANSFER PERIOD FOR
QUALIFIED TRANSFERS FROM PENSION PLAN FOR COVERING FUTURE RETIREE COSTS.
26 USC 420.

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Applicability.
Deadline.

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(a) IN GENERAL.—Section 420(f) is amended by adding at the
end the following new paragraph:
‘‘(7) ELECTION TO END TRANSFER PERIOD.—
‘‘(A) IN GENERAL.—In the case of an employer
maintaining a plan which has made a qualified future
transfer under this subsection, such employer may, not
later than December 31, 2021, elect to terminate the
transfer period with respect to such transfer effective as
of any taxable year specified by the taxpayer that begins
after the date of such election.
‘‘(B) AMOUNTS TRANSFERRED TO PLAN ON TERMINATION.—Any assets transferred to a health benefits
account, or an applicable life insurance account, in a qualified future transfer (and any income allocable thereto)
which are not used as of the effective date of the election
to terminate the transfer period with respect to such
transfer under subparagraph (A), shall be transferred out
of the account to the transferor plan within a reasonable
period of time. The transfer required by this subparagraph
shall be treated as an employer reversion for purposes
of section 4980 (other than subsection (d) thereof), unless
before the end of the 5-year period beginning after the
original transfer period an equivalent amount is transferred back to such health benefits account, or applicable

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1989

life insurance account, as the case may be. Any such
transfer back pursuant to the preceding sentence may be
made without regard to section 401(h)(1).
‘‘(C) MINIMUM COST REQUIREMENTS CONTINUE.—The
requirements of subsection (c)(3) and paragraph (2)(D) shall
apply with respect to a qualified future transfer without
regard to any election under subparagraph (A) with respect
to such transfer.
‘‘(D) MODIFIED MAINTENANCE OF FUNDED STATUS
DURING ORIGINAL TRANSFER PERIOD.—The requirements of
paragraph (2)(B) shall apply without regard to any such
election, and clause (i) thereof shall be applied by substituting ‘100 percent’ for ‘120 percent’ during the original
transfer period.
‘‘(E) CONTINUED MAINTENANCE OF FUNDING STATUS
AFTER ORIGINAL TRANSFER PERIOD.—
‘‘(i) IN GENERAL.—In the case of a plan with respect
to which there is an excess described in paragraph
(2)(B)(ii) as of the valuation date of the plan year
in the last year of the original transfer period, paragraph (2)(B) shall apply for 5 years after the original
transfer period in the same manner as during a
transfer period by substituting the applicable percentage for ‘120 percent’ in clause (i) thereof.
‘‘(ii) APPLICABLE PERCENTAGE.—For purposes of
this subparagraph, the applicable percentage shall be
determined under the following table:
‘‘For the valuation date of the plan The applicable percentage is:
year in the following year after
the original transfer period:
1st ..............................................................................................................104
2nd .............................................................................................................108
3rd ..............................................................................................................112
4th ..............................................................................................................116
5th ..............................................................................................................120

percent
percent
percent
percent
percent

‘‘(iii) EARLY TERMINATION OF CONTINUED MAINTENANCE
PERIOD
WHEN
120 PERCENT FUNDING
REACHED.—If, as of the valuation date of any plan
year in the first 4 years after the original transfer
period with respect to a qualified future transfer, there
would be no excess determined under this subparagraph were the applicable percentage 120 percent, then
this subparagraph shall cease to apply with respect
to the plan.
‘‘(F) ORIGINAL TRANSFER PERIOD.—For purposes of this
paragraph, the term ‘original transfer period’ means the
transfer period under this subsection with respect to a
qualified future transfer determined without regard to the
election under subparagraph (A).’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2019.

Definition.

26 USC 420 note.

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SEC. 286. EXTENSION OF CREDITS FOR PAID SICK AND FAMILY LEAVE.

(a) IN GENERAL.—Sections 7001(g), 7002(e), 7003(g), and
7004(e) of the Families First Coronavirus Response Act are each
amended by striking ‘‘December 31, 2020’’ and inserting ‘‘March
31, 2021’’.
(b) COORDINATION WITH TERMINATION OF MANDATE.—

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Ante, pp. 212,
214, 216, 218.

PUBL260A

134 STAT. 1990

(1) PAYROLL CREDIT FOR PAID SICK LEAVE.—Section 7001(c)
of the Families First Coronavirus Response Act is amended
by striking ‘‘paid by an employer which’’ and all that follows
and inserting ‘‘paid by an employer—
‘‘(1) which are required to be paid by reason of the Emergency Paid Sick Leave Act, or
‘‘(2) both—
‘‘(A) which would be so required to be paid if such
Act were applied—
‘‘(i) by substituting ‘March 31, 2021’ for ‘December
31, 2020’ in section 5109 thereof, and
‘‘(ii) without regard to section 5102(b)(3) thereof,
and
‘‘(B) with respect to which all requirements of such
Act (other than subsections (a) and (b) of section 5105
thereof, and determined by substituting ‘To be compliant
with section 5102, an employer may not’ for ‘It shall be
unlawful for any employer to’ in section 5104 thereof) which
would apply if so required are satisfied.’’.
(2) CREDIT FOR SICK LEAVE OF SELF-EMPLOYED INDIVIDUALS.—Section 7002(b)(2) of the Families First Coronavirus
Response Act is amended to read as follows:
‘‘(2) either—
‘‘(A) would be entitled to receive paid leave during
the taxable year pursuant to the Emergency Paid Sick
Leave Act if the individual were an employee of an
employer (other than himself or herself), or
‘‘(B) would be so entitled if—
‘‘(i) such Act were applied by substituting ‘March
31, 2021’ for ‘December 31, 2020’ in section 5109
thereof, and
‘‘(ii) the individual were an employee of an
employer (other than himself or herself).’’.
(3) PAYROLL CREDIT FOR PAID FAMILY LEAVE.—Section
7003(c) of the Families First Coronavirus Response Act is
amended by striking ‘‘paid by an employer which’’ and all
that follows and inserting ‘‘paid by an employer—
‘‘(1) which are required to be paid by reason of the Emergency Family and Medical Leave Expansion Act (including the
amendments made by such Act), or
‘‘(2) both—
‘‘(A) which would be so required to be paid if section
102(a)(1)(F) of the Family and Medical Leave Act of 1993,
as amended by the Emergency Family and Medical Leave
Expansion Act, were applied by substituting ‘March 31,
2021’ for ‘December 31, 2020’, and
‘‘(B) with respect to which all requirements of the
Family and Medical Leave Act of 1993 (other than section
107 thereof, and determined by substituting ‘To be compliant with section 102(a)(1)(F), an employer may not’ for
‘It shall be unlawful for any employer to’ each place it
appears in subsection (a) of section 105 thereof, by substituting ‘made unlawful in this title or described in this
section’ for ‘made unlawful by this title’ in paragraph (2)
of such subsection, and by substituting ‘To be compliant
with section 102(a)(1)(F), an employer may not’ for ‘It shall
be unlawful for any person to’ in subsection (b) of such

Ante, p. 211.

Ante, p. 212.

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Ante, p. 215.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1991

section) which relate to such section 102(a)(1)(F), and which
would apply if so required, are satisfied.’’.
(4) CREDIT FOR FAMILY LEAVE OF SELF-EMPLOYED INDIVIDUALS.—Section 7004(b)(2) of the Families First Coronavirus
Response Act is amended to read as follows:
‘‘(2) either—
‘‘(A) would be entitled to receive paid leave during
the taxable year pursuant to the Emergency Family and
Medical Leave Expansion Act if the individual were an
employee of an employer (other than himself or herself),
or
‘‘(B) would be so entitled if—
‘‘(i) section 102(a)(1)(F) of the Family and Medical
Leave Act of 1993, as amended by the Emergency
Family and Medical Leave Expansion Act, were applied
by substituting ‘March 31, 2021’ for ‘December 31,
2020’, and
‘‘(ii) the individual were an employee of an
employer (other than himself or herself).’’.
(5) COORDINATION WITH CERTAIN EMPLOYMENT TAXES.—Section 7005(a) of the Families First Coronavirus Response Act
is amended by inserting ‘‘(or, in the case of wages paid after
December 31, 2020, and before April 1, 2021, with respect
to which a credit is allowed under section 7001 or 7003)’’
before ‘‘shall not be considered’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect as if included in the provisions of the Families
First Coronavirus Response Act to which they relate.

Ante, p. 217.

Time period.
Ante, p. 219

26 USC 1401
note.

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SEC. 287. ELECTION TO USE PRIOR YEAR NET EARNINGS FROM SELFEMPLOYMENT IN DETERMINING AVERAGE DAILY SELFEMPLOYMENT INCOME FOR PURPOSES OF CREDITS FOR
PAID SICK AND FAMILY LEAVE.

(a) CREDIT FOR SICK LEAVE.—Section 7002(c) of the Families
First Coronavirus Response Act is amended by adding at the end
the following new paragraph:
‘‘(4) ELECTION TO USE PRIOR YEAR NET EARNINGS FROM
SELF-EMPLOYMENT INCOME.—In the case of an individual who
elects (at such time and in such manner as the Secretary,
or the Secretary’s delegate, may provide) the application of
this paragraph, paragraph (2)(A) shall be applied by substituting ‘the prior taxable year’ for ‘the taxable year’.’’.
(b) CREDIT FOR FAMILY LEAVE.—Section 7004(c) of the Families
First Coronavirus Response Act is amended by adding at the end
the following new paragraph:
‘‘(4) ELECTION TO USE PRIOR YEAR NET EARNINGS FROM
SELF-EMPLOYMENT INCOME.—In the case of an individual who
elects (at such time and in such manner as the Secretary,
or the Secretary’s delegate, may provide) the application of
this paragraph, paragraph (2)(A) shall be applied by substituting ‘the prior taxable year’ for ‘the taxable year’.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect as if included in the provisions of the Families
First Coronavirus Response Act to which they relate.

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Ante, p. 212.
Applicability.

Ante, p. 217.
Applicability.

26 USC 1401
note.

PUBL260A

134 STAT. 1992

PUBLIC LAW 116–260—DEC. 27, 2020

SEC. 288. CERTAIN TECHNICAL IMPROVEMENTS TO CREDITS FOR PAID
SICK AND FAMILY LEAVE.

(a) COORDINATION WITH APPLICATION

OF

CERTAIN DEFINI-

TIONS.—

Ante, pp. 211,
215.

Ante, pp. 211,
215.

Ante, p. 219.

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Ante, p. 219.

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(1) IN GENERAL.—Sections 7001(c) and 7003(c) of the Families First Coronavirus Response Act are each amended—
(A) by inserting ‘‘, determined without regard to paragraphs (1) through (22) of section 3121(b) of such Code’’
after ‘‘as defined in section 3121(a) of the Internal Revenue
Code of 1986’’, and
(B) by inserting ‘‘, determined without regard to the
sentence in paragraph (1) thereof which begins ‘Such term
does not include remuneration’ ’’ after ‘‘as defined in section
3231(e) of the Internal Revenue Code’’.
(2) CONFORMING AMENDMENTS.—Sections 7001(e)(3) and
7003(e)(3) of the Families First Coronavirus Response Act are
each amended by striking ‘‘Any term’’ and inserting ‘‘Except
as otherwise provided in this section, any term’’.
(b) COORDINATION WITH EXCLUSION FROM EMPLOYMENT
TAXES.—Sections 7001(c) and 7003(c) of the Families First
Coronavirus Response Act, as amended by subsection (a), are each
amended—
(1) by inserting ‘‘and section 7005(a) of this Act,’’ after
‘‘determined without regard to paragraphs (1) through (22)
of section 3121(b) of such Code’’, and
(2) by inserting ‘‘and without regard to section 7005(a)
of this Act’’ after ‘‘which begins ‘Such term does not include
remuneration’ ’’.
(c) CLARIFICATION OF APPLICABLE RAILROAD RETIREMENT TAX
FOR PAID LEAVE CREDITS.—Sections 7001(e) and 7003(e) of the
Families First Coronavirus Response Act, as amended by the preceding provisions of this Act, are each amended by adding at the
end the following new paragraph:
‘‘(4) REFERENCES TO RAILROAD RETIREMENT TAX.—Any reference in this section to the tax imposed by section 3221(a)
of the Internal Revenue Code of 1986 shall be treated as a
reference to so much of such tax as is attributable to the
rate in effect under section 3111(a) of such Code.’’.
(d) CLARIFICATION OF TREATMENT OF PAID LEAVE FOR
APPLICABLE RAILROAD RETIREMENT TAX.—Section 7005(a) of the
Families First Coronavirus Response Act is amended by adding
the following sentence at the end of such subsection: ‘‘Any reference
in this subsection to the tax imposed by section 3221(a) of such
Code shall be treated as a reference to so much of the tax as
is attributable to the rate in effect under section 3111(a) of such
Code.’’.
(e) CLARIFICATION OF APPLICABLE RAILROAD RETIREMENT TAX
FOR HOSPITAL INSURANCE TAX CREDIT.—Section 7005(b)(1) of the
Families First Coronavirus Response Act is amended to read as
follows:
‘‘(1) IN GENERAL.—The credit allowed by section 7001 and
the credit allowed by section 7003 shall each be increased
by the amount of the tax imposed by section 3111(b) of the
Internal Revenue Code of 1986 and so much of the taxes
imposed under section 3221(a) of such Code as are attributable
to the rate in effect under section 3111(b) of such Code on
qualified sick leave wages, or qualified family leave wages,

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1993

for which credit is allowed under such section 7001 or 7003
(respectively).’’.
(f) EFFECTIVE DATE.—The amendments made by this section
shall take effect as if included in the provisions of the Families
First Coronavirus Response Act to which they relate.

TITLE III—CONTINUING THE PAYCHECK
PROTECTION PROGRAM AND OTHER
SMALL BUSINESS SUPPORT
SEC. 301. SHORT TITLE.

This title may be cited as the ‘‘Economic Aid to Hard-Hit
Small Businesses, Nonprofits, and Venues Act’’.
SEC. 302. DEFINITIONS.

In this Act:
ADMINISTRATOR.—The
terms
(1)
ADMINISTRATION;
‘‘Administration’’ and ‘‘Administrator’’ mean the Small Business
Administration and the Administrator thereof, respectively.
(2) SMALL BUSINESS CONCERN.—The term ‘‘small business
concern’’ has the meaning given the term in section 3 of the
Small Business Act (15 U.S.C. 632).
SEC. 303. EMERGENCY RULEMAKING AUTHORITY.

Not later than 10 days after the date of enactment of this
Act, the Administrator shall issue regulations to carry out this
Act and the amendments made by this Act without regard to
the notice requirements under section 553(b) of title 5, United
States Code.

26 USC 3111
note.

Economic Aid to
Hard-Hit Small
Businesses,
Nonprofits, and
Venues Act.
15 USC 9001
note.

15 USC 9001
note.

Deadline.
15 USC 9012
note.

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SEC. 304. ADDITIONAL ELIGIBLE EXPENSES.

(a) ALLOWABLE USE OF PPP LOAN.—Section 7(a)(36)(F)(i) of
the Small Business Act (15 U.S.C. 636(a)(36)(F)(i)) is amended—
(1) in subclause (VI), by striking ‘‘and’’ at the end;
(2) in subclause (VII), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
‘‘(VIII) covered operations expenditures, as
defined in section 7A(a);
‘‘(IX) covered property damage costs, as
defined in section 7A(a);
‘‘(X) covered supplier costs, as defined in section 7A(a); and
‘‘(XI) covered worker protection expenditures,
as defined in section 7A(a).’’.
(b) LOAN FORGIVENESS.—
(1) TRANSFER OF SECTION TO SMALL BUSINESS ACT.—
(A) IN GENERAL.—Section 1106 of the CARES Act (15
U.S.C. 9005) is redesignated as section 7A, transferred
to the Small Business Act (15 U.S.C. 631 et seq.), and
inserted so as to appear after section 7 of the Small Business Act (15 U.S.C. 636).
(B) CONFORMING AMENDMENTS TO TRANSFERRED SECTION.—Section 7A of the Small Business Act, as redesignated and transferred by subparagraph (A) of this paragraph, is amended—

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15 USC 636m.

PUBL260A

134 STAT. 1994

(i) in subsection (a)(1), by striking ‘‘under paragraph (36) of section 7(a) of the Small Business Act
(15 U.S.C. 636(a)), as added by section 1102’’ and
inserting ‘‘under section 7(a)(36)’’; and
(ii) in subsection (c), by striking ‘‘of the Small
Business Act (15 U.S.C. 636(a))’’ each place it appears.
(C) OTHER CONFORMING AMENDMENTS.—
(i) Section 1109(d)(2)(D) of the CARES Act (15
U.S.C. 9008(d)(2)(D)) is amended by striking ‘‘section
1106 of this Act’’ and inserting ‘‘section 7A of the
Small Business Act’’.
(ii) Section 7(a)(36) of the Small Business Act (15
U.S.C. 636(a)(36)) is amended—
(I) in subparagraph (K), by striking ‘‘section
1106 of the CARES Act’’ and inserting ‘‘section
7A’’; and
(II) in subparagraph (M)—
(aa) by striking ‘‘section 1106 of the
CARES Act’’ each place it appears and
inserting ‘‘section 7A’’; and
(bb) in clause (v), by striking ‘‘section
1106(a) of the CARES Act’’ and inserting ‘‘section 7A(a)’’.
(2) ADDITIONAL ELIGIBLE EXPENSES.—Section 7A of the
Small Business Act, as redesignated and transferred by paragraph (1) of this subsection, is amended—
(A) in subsection (a)—
(i) by redesignating paragraphs (6), (7), and (8)
as paragraphs (10), (11), and (12), respectively;
(ii) by redesignating paragraph (5) as paragraph
(8);
(iii) by redesignating paragraph (4) as paragraph
(6);
(iv) by redesignating paragraph (3) as paragraph
(4);
(v) by inserting after paragraph (2) the following:
‘‘(3) the term ‘covered operations expenditure’ means a
payment for any business software or cloud computing service
that facilitates business operations, product or service delivery,
the processing, payment, or tracking of payroll expenses, human
resources, sales and billing functions, or accounting or tracking
of supplies, inventory, records and expenses;’’;
(vi) by inserting after paragraph (4), as so redesignated, the following:
‘‘(5) the term ‘covered property damage cost’ means a cost
related to property damage and vandalism or looting due to
public disturbances that occurred during 2020 that was not
covered by insurance or other compensation;’’;
(vii) by inserting after paragraph (6), as so redesignated, the following:
‘‘(7) the term ‘covered supplier cost’ means an expenditure
made by an entity to a supplier of goods for the supply of
goods that—
‘‘(A) are essential to the operations of the entity at
the time at which the expenditure is made; and
‘‘(B) is made pursuant to a contract, order, or purchase
order—

Definition.

Definition.

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Definition.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1995

‘‘(i) in effect at any time before the covered period
with respect to the applicable covered loan; or
‘‘(ii) with respect to perishable goods, in effect
before or at any time during the covered period with
respect to the applicable covered loan;’’;
(viii) by inserting after paragraph (8), as so
redesignated, the following:
‘‘(9) the term ‘covered worker protection expenditure’—
‘‘(A) means an operating or a capital expenditure to
facilitate the adaptation of the business activities of an
entity to comply with requirements established or guidance
issued by the Department of Health and Human Services,
the Centers for Disease Control, or the Occupational Safety
and Health Administration, or any equivalent requirements
established or guidance issued by a State or local government, during the period beginning on March 1, 2020 and
ending the date on which the national emergency declared
by the President under the National Emergencies Act (50
U.S.C. 1601 et seq.) with respect to the Coronavirus Disease
2019 (COVID–19) expires related to the maintenance of
standards for sanitation, social distancing, or any other
worker or customer safety requirement related to COVID–
19;
‘‘(B) may include—
‘‘(i) the purchase, maintenance, or renovation of
assets that create or expand—
‘‘(I) a drive-through window facility;
‘‘(II) an indoor, outdoor, or combined air or
air pressure ventilation or filtration system;
‘‘(III) a physical barrier such as a sneeze
guard;
‘‘(IV) an expansion of additional indoor, outdoor, or combined business space;
‘‘(V) an onsite or offsite health screening capability; or
‘‘(VI) other assets relating to the compliance
with the requirements or guidance described in
subparagraph (A), as determined by the Administrator in consultation with the Secretary of Health
and Human Services and the Secretary of Labor;
and
‘‘(ii) the purchase of—
‘‘(I) covered materials described in section
328.103(a) of title 44, Code of Federal Regulations,
or any successor regulation;
‘‘(II) particulate filtering facepiece respirators
approved by the National Institute for Occupational Safety and Health, including those approved
only for emergency use authorization; or
‘‘(III) other kinds of personal protective equipment, as determined by the Administrator in consultation with the Secretary of Health and Human
Services and the Secretary of Labor; and
‘‘(C) does not include residential real property or intangible property;’’; and
(ix) in paragraph (11), as so redesignated—

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Definition.
Time period.

PUBL260A

134 STAT. 1996

PUBLIC LAW 116–260—DEC. 27, 2020
(I) in subparagraph (C), by striking ‘‘and’’ at
the end;
(II) in subparagraph (D), by striking ‘‘and’’
at the end; and
(III) by adding at the end the following:
‘‘(E) covered operations expenditures;
‘‘(F) covered property damage costs;
‘‘(G) covered supplier costs; and
‘‘(H) covered worker protection expenditures; and’’;
(B) in subsection (b), by adding at the end the following:
‘‘(5) Any covered operations expenditure.
‘‘(6) Any covered property damage cost.
‘‘(7) Any covered supplier cost.
‘‘(8) Any covered worker protection expenditure.’’;
(C) in subsection (d)(8), by inserting ‘‘any payment
on any covered operations expenditure, any payment on
any covered property damage cost, any payment on any
covered supplier cost, any payment on any covered worker
protection expenditure,’’ after ‘‘rent obligation,’’; and
(D) in subsection (e)—
(i) in paragraph (2)—
(I) by inserting ‘‘purchase orders, orders,
invoices,’’ before ‘‘or other documents’’; and
(II) by striking ‘‘covered lease obligations,’’ and
inserting ‘‘covered rent obligations, payments on
covered operations expenditures, payments on covered property damage costs, payments on covered
supplier costs, payments on covered worker protection expenditures,’’; and
(ii) in paragraph (3)(B), by inserting ‘‘make payments on covered operations expenditures, make payments on covered property damage costs, make payments on covered supplier costs, make payments on
covered worker protection expenditures,’’ after ‘‘rent
obligation,’’.
(c) EFFECTIVE DATE; APPLICABILITY.—
(1) IN GENERAL.—Except as provided in paragraph (2), the
amendments made by subsections (a) and (b) shall be effective
as if included in the CARES Act (Public Law 116–136; 134
Stat. 281) and shall apply to any loan made pursuant to section
7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) before,
on, or after the date of enactment of this Act, including forgiveness of such a loan.
(2) EXCLUSION OF LOANS ALREADY FORGIVEN.—The amendments made by subsections (a) and (b) shall not apply to a
loan made pursuant to section 7(a)(36) of the Small Business
Act (15 U.S.C. 636(a)(36)) for which the borrower received
forgiveness before the date of enactment of this Act under
section 1106 of the CARES Act, as in effect on the day before
such date of enactment.

15 USC 636 note.

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SEC. 305. HOLD HARMLESS.

(a) IN GENERAL.—Subsection (h) of section 7A of the Small
Business Act, as redesignated and transferred by section 304 of
this Act, is amended to read as follows:
‘‘(h) HOLD HARMLESS.—

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134 STAT. 1997

‘‘(1) DEFINITION.—In this subsection, the term ‘initial or
second draw PPP loan’ means a covered loan or a loan under
paragraph (37) of section 7(a).
‘‘(2) RELIANCE.—A lender may rely on any certification
or documentation submitted by an applicant for an initial or
second draw PPP loan or an eligible recipient or eligible entity
receiving initial or second draw PPP loan that—
‘‘(A) is submitted pursuant to all applicable statutory
requirements, regulations, and guidance related to initial
or second draw PPP loan, including under paragraph (36)
or (37) of section 7(a) and under this section; and
‘‘(B) attests that the applicant, eligible recipient, or
eligible entity, as applicable, has accurately provided the
certification or documentation to the lender in accordance
with the statutory requirements, regulations, and guidance
described in subparagraph (A).
‘‘(3) NO ENFORCEMENT ACTION.—With respect to a lender
that relies on a certification or documentation described in
paragraph (2) related to an initial or second draw PPP loan,
an enforcement action may not be taken against the lender,
and the lender shall not be subject to any penalties relating
to loan origination or forgiveness of the initial or second draw
PPP loan, if—
‘‘(A) the lender acts in good faith relating to loan
origination or forgiveness of the initial or second draw
PPP loan based on that reliance; and
‘‘(B) all other relevant Federal, State, local, and other
statutory and regulatory requirements applicable to the
lender are satisfied with respect to the initial or second
draw PPP loan.’’.
(b) EFFECTIVE DATE; APPLICABILITY.—The amendment made
by subsection (a) shall be effective as if included in the CARES
Act (Public Law 116–136; 134 Stat. 281) and shall apply to any
loan made pursuant to section 7(a)(36) of the Small Business Act
(15 U.S.C. 636(a)(36)) before, on, or after the date of enactment
of this Act, including forgiveness of such a loan.

15 USC 636m
note.

SEC. 306. SELECTION OF COVERED PERIOD FOR FORGIVENESS.

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Section 7A of the Small Business Act, as redesignated and
transferred by section 304 of this Act, is amended—
(A) by amending paragraph (4) of subsection (a), as
so redesignated by section 304(b) of this Act, to read as
follows:
‘‘(4) the term ‘covered period’ means the period—
‘‘(A) beginning on the date of the origination of a covered loan; and
‘‘(B) ending on a date selected by the eligible recipient
of the covered loan that occurs during the period—
‘‘(i) beginning on the date that is 8 weeks after
such date of origination; and
‘‘(ii) ending on the date that is 24 weeks after
such date of origination;’’; and
(1) by striking subsection (l).

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Definition.

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134 STAT. 1998

PUBLIC LAW 116–260—DEC. 27, 2020

SEC. 307. SIMPLIFIED FORGIVENESS APPLICATION.

Certification.
Deadline.

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Records.
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(a) IN GENERAL.—Section 7A of the Small Business Act, as
redesignated and transferred by section 304 of this Act, and as
amended by section 306 of this Act, is amended—
(1) in subsection (e), in the matter preceding paragraph
(1), by striking ‘‘An eligible’’ and inserting ‘‘Except as provided
in subsection (l), an eligible’’;
(2) in subsection (f), by inserting ‘‘or the certification
required under subsection (l), as applicable’’ after ‘‘subsection
(e)’’; and
(3) by adding at the end the following:
‘‘(l) SIMPLIFIED APPLICATION.—
‘‘(1) COVERED LOANS UP TO $150,000.—
‘‘(A) IN GENERAL .—With respect to a covered loan
made to an eligible recipient that is not more than
$150,000, the covered loan amount shall be forgiven under
this section if the eligible recipient—
‘‘(i) signs and submits to the lender a certification,
to be established by the Administrator not later than
24 days after the date of enactment of the Economic
Aid to Hard-Hit Small Businesses, Nonprofits, and
Venues Act, which—
‘‘(I) shall be not more than 1 page in length;
and
‘‘(II) shall only require the eligible recipient
to provide—
‘‘(aa) a description of the number of
employees the eligible recipient was able to
retain because of the covered loan;
‘‘(bb) the estimated amount of the covered
loan amount spent by the eligible recipient
on payroll costs; and
‘‘(cc) the total loan value;
‘‘(ii) attests that the eligible recipient has—
‘‘(I) accurately provided the required certification; and
‘‘(II) complied with the requirements under
section 7(a)(36); and
‘‘(iii) retains records relevant to the form that prove
compliance with such requirements—
‘‘(I) with respect to employment records, for
the 4-year period following submission of the form;
and
‘‘(II) with respect to other records, for the 3year period following submission of the form.
‘‘(B) LIMITATION ON REQUIRING ADDITIONAL MATERIALS.—An eligible recipient of a covered loan that is not
more than $150,000 shall not, at the time of the application
for forgiveness, be required to submit any application or
documentation in addition to the certification and information required to substantiate forgiveness.
‘‘(C) RECORDS FOR OTHER REQUIREMENTS.—Nothing in
subparagraph (A) or (B) shall be construed to exempt an
eligible recipient from having to provide documentation
independently to a lender to satisfy relevant Federal, State,
local, or other statutory or regulatory requirements, or

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 1999

in connection with an audit as authorized under subparagraph (E).
‘‘(D) DEMOGRAPHIC INFORMATION.—The certification
established by the Administrator under subparagraph (A)
shall include a means by which an eligible recipient may,
at the discretion of the eligible recipient, submit demographic information of the owner of the eligible recipient,
including the sex, race, ethnicity, and veteran status of
the owner.
‘‘(E) AUDIT AUTHORITY.—The Administrator may—
‘‘(i) review and audit covered loans described in
subparagraph (A);
‘‘(ii) access any records described in subparagraph
(A)(iii); and
‘‘(iii) in the case of fraud, ineligibility, or other
material noncompliance with applicable loan or loan
forgiveness requirements, modify—
‘‘(I) the amount of a covered loan described
in subparagraph (A); or
‘‘(II) the loan forgiveness amount with respect
to a covered loan described in subparagraph (A).
‘‘(2) COVERED LOANS OF MORE THAN $150,000.—
‘‘(A) IN GENERAL.—With respect to a covered loan in
an amount that is more than $150,000, the eligible recipient
shall submit to the lender that is servicing the covered
loan the documentation described in subsection (e).
‘‘(B) DEMOGRAPHIC INFORMATION.—The process for
submitting the documentation described in subsection (e)
shall include a means by which an eligible recipient may,
at the discretion of the eligible recipient, submit demographic information of the owner of the eligible recipient,
including the sex, race, ethnicity, and veteran status of
the owner.
‘‘(3) FORGIVENESS AUDIT PLAN.—
‘‘(A) IN GENERAL.—Not later than 45 days after the
date of enactment of the Economic Aid to Hard-Hit Small
Businesses, Nonprofits, and Venues Act, the Administrator
shall submit to the Committee on Small Business and
Entrepreneurship of the Senate and the Committee on
Small Business of the House of Representatives an audit
plan that details—
‘‘(i) the policies and procedures of the Administrator for conducting forgiveness reviews and audits
of covered loans; and
‘‘(ii) the metrics that the Administrator shall use
to determine which covered loans will be audited.
‘‘(B) REPORTS.—Not later than 30 days after the date
on which the Administrator submits the audit plan required
under subparagraph (A), and each month thereafter, the
Administrator shall submit to the Committee on Small
Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives
a report on the forgiveness review and audit activities
of the Administrator under this subsection, which shall
include—
‘‘(i) the number of active reviews and audits;

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Review.
Records.

Deadline.

Determination.

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134 STAT. 2000
Time period.

15 USC 636m
note.

PUBLIC LAW 116–260—DEC. 27, 2020

‘‘(ii) the number of reviews and audits that have
been ongoing for more than 60 days; and
‘‘(iii) any substantial changes made to the audit
plan submitted under subparagraph (A).’’.
(b) EFFECTIVE DATE; APPLICABILITY.—The amendments made
by subsection (a) shall be effective as if included in the CARES
Act (Public Law 116–136; 134 Stat. 281) and shall apply to any
loan made pursuant to section 7(a)(36) of the Small Business Act
(15 U.S.C. 636(a)(36)) before, on, or after the date of enactment
of this Act, including forgiveness of such a loan.
SEC. 308. SPECIFIC GROUP INSURANCE PAYMENTS AS PAYROLL COSTS.

15 USC 636 note.

15 USC 636 note.

(a) IN GENERAL.—Section 7(a)(36)(A)(viii)(I)(aa)(EE) of the
Small Business Act (15 U.S.C. 636(a)(36)(A)(viii)(I)(aa)(EE)) is
amended by inserting ‘‘or group life, disability, vision, or dental
insurance’’ before ‘‘benefits’’.
(b) EFFECTIVE DATE; APPLICABILITY.—The amendment made
by subsection (a) shall be effective as if included in the CARES
Act (Public Law 116–136; 134 Stat. 281) and shall apply to any
loan made pursuant to section 7(a)(36) of the Small Business Act
(15 U.S.C. 636(a)(36)) before, on, or after the date of enactment
of this Act, including forgiveness of such a loan.
SEC. 309. DEMOGRAPHIC INFORMATION.

On and after the date of enactment of this Act, any loan
origination application for a loan under paragraph (36) or (37)
of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), as
amended and added by this division, shall include a means by
which the applicant for the loan may, at the discretion of the
applicant, submit demographic information of the owner of the
recipient of the loan, including the sex, race, ethnicity, and veteran
status of the owner.
SEC. 310. CLARIFICATION OF AND ADDITIONAL LIMITATIONS ON ELIGIBILITY.

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15 USC 636 note.

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(a) DATE IN OPERATION.—
(1) IN GENERAL.—Section 7(a)(36) of the Small Business
Act (15 U.S.C. 636(a)(36)) is amended by adding at the end
the following:
‘‘(T) REQUIREMENT FOR DATE IN OPERATION.—A business or organization that was not in operation on February
15, 2020 shall not be eligible for a loan under this paragraph.’’.
(2) EFFECTIVE DATE; APPLICABILITY.—The amendment made
by paragraph (1) shall be effective as if included in the CARES
Act (Public Law 116–136; 134 Stat. 281) and shall apply to
any loan made pursuant to section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) before, on, or after the date
of enactment of this Act, including forgiveness of such a loan.
(b) EXCLUSION OF ENTITIES RECEIVING SHUTTERED VENUE
OPERATOR GRANTS.—Section 7(a)(36) of the Small Business Act
(15 U.S.C. 636(a)(36)), as amended by subsection (a) of this section,
is amended by adding at the end the following:
‘‘(U) EXCLUSION OF ENTITIES RECEIVING SHUTTERED
VENUE OPERATOR GRANTS.—An eligible person or entity
(as defined under of section 24 of the Economic Aid to
Hard-Hit Small Businesses, Nonprofits, and Venues Act)

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PUBLIC LAW 116–260—DEC. 27, 2020

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that receives a grant under such section 24 shall not be
eligible for a loan under this paragraph.’’.

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SEC. 311. PAYCHECK PROTECTION PROGRAM SECOND DRAW LOANS.

(a) IN GENERAL.—Section 7(a) of the Small Business Act (15
U.S.C. 636(a)) is amended by adding at the end the following:
‘‘(37) PAYCHECK PROTECTION PROGRAM SECOND DRAW
LOANS.—
‘‘(A) DEFINITIONS.—In this paragraph—
‘‘(i) the terms ‘eligible self-employed individual’,
‘housing cooperative’, ‘nonprofit organization’, ‘payroll
costs’, ‘seasonal employer’, and ‘veterans organization’
have the meanings given those terms in paragraph
(36), except that ‘eligible entity’ shall be substituted
for ‘eligible recipient’ each place it appears in the
definitions of those terms;
‘‘(ii) the term ‘covered loan’ means a loan made
under this paragraph;
‘‘(iii) the terms ‘covered mortgage obligation’, ‘covered operating expenditure’, ‘covered property damage
cost’, ‘covered rent obligation’, ‘covered supplier cost’,
‘covered utility payment’, and ‘covered worker protection expenditure’ have the meanings given those terms
in section 7A(a);
‘‘(iv) the term ‘eligible entity’—
‘‘(I) means any business concern, nonprofit
organization,
housing
cooperative,
veterans
organization, Tribal business concern, eligible selfemployed individual, sole proprietor, independent
contractor, or small agricultural cooperative that—
‘‘(aa) employs not more than 300
employees; and
‘‘(bb)(AA) except as provided in subitems
(BB), (CC), and (DD), had gross receipts during
the first, second, third, or, only with respect
to an application submitted on or after
January 1, 2021, fourth quarter in 2020 that
demonstrate not less than a 25 percent reduction from the gross receipts of the entity
during the same quarter in 2019;
‘‘(BB) if the entity was not in business
during the first or second quarter of 2019,
but was in business during the third and
fourth quarter of 2019, had gross receipts
during the first, second, third, or, only with
respect to an application submitted on or after
January 1, 2021, fourth quarter of 2020 that
demonstrate not less than a 25 percent reduction from the gross receipts of the entity
during the third or fourth quarter of 2019;
‘‘(CC) if the entity was not in business
during the first, second, or third quarter of
2019, but was in business during the fourth
quarter of 2019, had gross receipts during the
first, second, third, or, only with respect to
an application submitted on or after January

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134 STAT. 2002

PUBLIC LAW 116–260—DEC. 27, 2020
1, 2021, fourth quarter of 2020 that demonstrate not less than a 25 percent reduction
from the gross receipts of the entity during
the fourth quarter of 2019; or
‘‘(DD) if the entity was not in business
during 2019, but was in operation on February
15, 2020, had gross receipts during the second,
third, or, only with respect to an application
submitted on or after January 1, 2021, fourth
quarter of 2020 that demonstrate not less than
a 25 percent reduction from the gross receipts
of the entity during the first quarter of 2020;
‘‘(II) includes a business concern or organization made eligible for a loan under paragraph (36)
under clause (iii)(II), (iv)(IV), or (vii) of subparagraph (D) of paragraph (36) and that meets the
requirements described in items (aa) and (bb) of
subclause (I); and
‘‘(III) does not include—
‘‘(aa) any entity that is a type of business
concern (or would be, if such entity were a
business concern) described in section 120.110
of title 13, Code of Federal Regulations (or
in any successor regulation or other related
guidance or rule that may be issued by the
Administrator) other than a business concern
described in subsection (a) or (k) of such section; or
‘‘(bb) any business concern or entity primarily engaged in political or lobbying activities, which shall include any entity that is
organized for research or for engaging in
advocacy in areas such as public policy or
political strategy or otherwise describes itself
as a think tank in any public documents;
‘‘(cc) any business concern or entity—
‘‘(AA) for which an entity created in
or organized under the laws of the People’s
Republic of China or the Special Administrative Region of Hong Kong, or that has
significant operations in the People’s
Republic of China or the Special Administrative Region of Hong Kong, owns or
holds, directly or indirectly, not less than
20 percent of the economic interest of the
business concern or entity, including as
equity shares or a capital or profit interest
in a limited liability company or partnership; or
‘‘(BB) that retains, as a member of
the board of directors of the business concern, a person who is a resident of the
People’s Republic of China;
‘‘(dd) any person required to submit a registration statement under section 2 of the Foreign Agents Registration Act of 1938 (22
U.S.C. 612); or

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134 STAT. 2003

‘‘(ee) an eligible person or entity (as
defined under section 24 of the Economic Aid
to Hard-Hit Small Businesses, Nonprofits, and
Venues Act) that receives a grant under such
section 24; and
‘‘(v) the term ‘Tribal business concern’ means a
Tribal business concern described in section 31(b)(2)(C).
‘‘(B) LOANS.—Except as otherwise provided in this
paragraph, the Administrator may guarantee covered loans
to eligible entities under the same terms, conditions, and
processes as a loan made under paragraph (36).
‘‘(C) MAXIMUM LOAN AMOUNT.—
‘‘(i) IN GENERAL.—Except as otherwise provided
in this subparagraph, the maximum amount of a covered loan made to an eligible entity is the lesser of—
‘‘(I) the product obtained by multiplying—
‘‘(aa) at the election of the eligible entity,
the average total monthly payment for payroll
costs incurred or paid by the eligible entity
during—
‘‘(AA) the 1-year period before the
date on which the loan is made; or
‘‘(BB) calendar year 2019; by
‘‘(bb) 2.5; or
‘‘(II) $2,000,000.
‘‘(ii) SEASONAL EMPLOYERS.—The maximum
amount of a covered loan made to an eligible entity
that is a seasonal employer is the lesser of—
‘‘(I) the product obtained by multiplying—
‘‘(aa) at the election of the eligible entity,
the average total monthly payments for payroll costs incurred or paid by the eligible entity
for any 12-week period between February 15,
2019 and February 15, 2020; by
‘‘(bb) 2.5; or
‘‘(II) $2,000,000.
‘‘(iii) NEW ENTITIES.—The maximum amount of a
covered loan made to an eligible entity that did not
exist during the 1-year period preceding February 15,
2020 is the lesser of—
‘‘(I) the product obtained by multiplying—
‘‘(aa) the quotient obtained by dividing—
‘‘(AA) the sum of the total monthly
payments by the eligible entity for payroll
costs paid or incurred by the eligible entity
as of the date on which the eligible entity
applies for the covered loan; by
‘‘(BB) the number of months in which
those payroll costs were paid or incurred;
by
‘‘(bb) 2.5; or
‘‘(II) $2,000,000.
‘‘(iv) NAICS 72 ENTITIES.—The maximum amount
of a covered loan made to an eligible entity that is
assigned a North American Industry Classification
System code beginning with 72 at the time of disbursal
is the lesser of—

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PUBLIC LAW 116–260—DEC. 27, 2020
‘‘(I) the product obtained by multiplying—
‘‘(aa) at the election of the eligible entity,
the average total monthly payment for payroll
costs incurred or paid by the eligible entity
during—
‘‘(AA) the 1-year period before the
date on which the loan is made; or
‘‘(BB) calendar year 2019; by
‘‘(bb) 3.5; or
‘‘(II) $2,000,000.
‘‘(D) BUSINESS CONCERNS WITH MORE THAN 1 PHYSICAL
LOCATION.—
‘‘(i) IN GENERAL.—For a business concern with

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more than 1 physical location, the business concern
shall be an eligible entity if the business concern would
be eligible for a loan under paragraph (36) pursuant
to clause (iii) of subparagraph (D) of such paragraph,
as applied in accordance with clause (ii) of this
subparagraph, and meets the revenue reduction
requirements described in item (bb) of subparagraph
(A)(iv)(I).
‘‘(ii) SIZE LIMIT.—For purposes of applying clause
(i), the Administrator shall substitute ‘not more than
300 employees’ for ‘not more than 500 employees’ in
paragraph (36)(D)(iii).
‘‘(E) WAIVER OF AFFILIATION RULES.—
‘‘(i) IN GENERAL.—The waiver described in paragraph (36)(D)(iv) shall apply for purposes of determining eligibility under this paragraph.
‘‘(ii) SIZE LIMIT.—For purposes of applying clause
(i), the Administrator shall substitute ‘not more than
300 employees’ for ‘not more than 500 employees’ in
subclause (I) and (IV) of paragraph (36)(D)(iv).
‘‘(F) LOAN NUMBER LIMITATION.—An eligible entity may
only receive 1 covered loan.
‘‘(G) EXCEPTION FROM CERTAIN CERTIFICATION REQUIREMENTS.—An eligible entity applying for a covered loan shall
not be required to make the certification described in clause
(iii) or (iv) of paragraph (36)(G).
‘‘(H) FEE WAIVER.—With respect to a covered loan—
‘‘(i) in lieu of the fee otherwise applicable under
paragraph (23)(A), the Administrator shall collect no
fee; and
‘‘(ii) in lieu of the fee otherwise applicable under
paragraph (18)(A), the Administrator shall collect no
fee.
‘‘(I) GROSS RECEIPTS AND SIMPLIFIED CERTIFICATION OF
REVENUE TEST.—
‘‘(i) LOANS OF UP TO $150,000.—For a covered loan
of not more than $150,000, the eligible entity—
‘‘(I) may submit a certification attesting that
the eligible entity meets the applicable revenue
loss
requirement
under
subparagraph
(A)(iv)(I)(bb); and
‘‘(II) if the eligible entity submits a certification under subclause (I), shall, on or before the
date on which the eligible entity submits an

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134 STAT. 2005

application for forgiveness under subparagraph (J),
produce adequate documentation that the eligible
entity met such revenue loss standard.
‘‘(ii) FOR NONPROFIT AND VETERANS ORGANIZATIONS.—For purposes of calculating gross receipts
under subparagraph (A)(iv)(I)(bb) for an eligible entity
that is a nonprofit organization, a veterans organization, or an organization described in subparagraph
(A)(iv)(II), gross receipts means gross receipts within
the meaning of section 6033 of the Internal Revenue
Code of 1986.
‘‘(J) LOAN FORGIVENESS.—
‘‘(i) DEFINITION OF COVERED PERIOD.—In this
subparagraph, the term ‘covered period’ has the
meaning given that term in section 7A(a).
‘‘(ii) FORGIVENESS GENERALLY.—Except as otherwise provided in this subparagraph, an eligible entity
shall be eligible for forgiveness of indebtedness on a
covered loan in the same manner as an eligible
recipient with respect to a loan made under paragraph
(36) of this section, as described in section 7A.
‘‘(iii) FORGIVENESS AMOUNT.—An eligible entity
shall be eligible for forgiveness of indebtedness on a
covered loan in an amount equal to the sum of the
following costs incurred or expenditures made during
the covered period:
‘‘(I) Payroll costs, excluding any payroll costs
that are—
‘‘(aa) qualified wages, as defined in subsection (c)(3) of section 2301 of the CARES
Act (26 U.S.C. 3111 note), taken into account
in determining the credit allowed under such
section; or
‘‘(bb) qualified wages taken into account
in determining the credit allowed under subsection (a) or (d) of section 303 of the Taxpayer
Certainty and Disaster Relief Act of 2020.
‘‘(II) Any payment of interest on any covered
mortgage obligation (which shall not include any
prepayment of or payment of principal on a covered
mortgage obligation).
‘‘(III) Any covered operations expenditure.
‘‘(IV) Any covered property damage cost.
‘‘(V) Any payment on any covered rent obligation.
‘‘(VI) Any covered utility payment.
‘‘(VII) Any covered supplier cost.
‘‘(VIII) Any covered worker protection expenditure.
‘‘(iv) LIMITATION ON FORGIVENESS FOR ALL ELIGIBLE
ENTITIES.—Subject to any reductions under section
7A(d), the forgiveness amount under this subparagraph
shall be equal to the lesser of—
‘‘(I) the amount described in clause (ii); and
‘‘(II) the amount equal to the quotient obtained
by dividing—

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‘‘(aa) the amount of the covered loan used
for payroll costs during the covered period;
and
‘‘(bb) 0.60.
‘‘(v) SUBMISSION OF MATERIALS FOR FORGIVENESS.—
For purposes of applying subsection (l)(1) of section
7A to a covered loan of not more than $150,000 under
this paragraph, an eligible entity may be required to
provide, at the time of the application for forgiveness,
documentation required to substantiate revenue loss
in accordance with subparagraph (I).
‘‘(K) LENDER ELIGIBILITY.—Except as otherwise provided in this paragraph, a lender approved to make loans
under paragraph (36) may make covered loans under the
same terms and conditions as in paragraph (36).
‘‘(L) REIMBURSEMENT FOR LOAN PROCESSING AND SERVICING.—The Administrator shall reimburse a lender authorized to make a covered loan—
‘‘(i) for a covered loan of not more than $50,000,
in an amount equal to the lesser of—
‘‘(I) 50 percent of the balance of the financing
outstanding at the time of disbursement of the
covered loan; or
‘‘(II) $2,500;
‘‘(ii) at a rate, based on the balance of the financing
outstanding at the time of disbursement of the covered
loan, of—
‘‘(I) 5 percent for a covered loan of more than
$50,000 and not more than $350,000; and
‘‘(II) 3 percent for a covered loan of more than
$350,000.
‘‘(M) PUBLICATION OF GUIDANCE.—Not later than 10
days after the date of enactment of this paragraph, the
Administrator shall issue guidance addressing barriers to
accessing capital for minority, underserved, veteran, and
women-owned business concerns for the purpose of
ensuring equitable access to covered loans.
‘‘(N) STANDARD OPERATING PROCEDURE.—The Administrator shall, to the maximum extent practicable, allow a
lender approved to make covered loans to use existing
program guidance and standard operating procedures for
loans made under this subsection.
‘‘(O) SUPPLEMENTAL COVERED LOANS.—A covered loan
under this paragraph may only be made to an eligible
entity that—
‘‘(i) has received a loan under paragraph (36); and
‘‘(ii) on or before the expected date on which the
covered loan under this paragraph is disbursed to the
eligible entity, has used, or will use, the full amount
of the loan received under paragraph (36).’’.
(b) APPLICATION OF EXEMPTION BASED ON EMPLOYEE AVAILABILITY.—
(1) IN GENERAL.—Section 7A(d) of the Small Business Act,
as redesignated and transferred by section 304 of this Act,
is amended—
(A) in paragraph (5)(B), by inserting ‘‘(or, with respect
to a covered loan made on or after the date of enactment

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134 STAT. 2007

of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act, not later than the last day of
the covered period with respect to such covered loan)’’
after ‘‘December 31, 2020’’ each place it appears; and
(B) in paragraph (7)—
(i) by inserting ‘‘(or, with respect to a covered
loan made on or after the date of enactment of the
Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act, ending on the last day of
the covered period with respect to such covered loan)’’
after ‘‘December 31, 2020’’ the first and third places
it appears; and
(ii) by inserting ‘‘(or, with respect to a covered
loan made on or after the date of enactment of the
Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act, on or before the last day
of the covered period with respect to such covered
loan)’’ after ‘‘December 31, 2020’’ the second place it
appears.
(2) MODIFICATION OF DATES.—The Administrator and the
Secretary of the Treasury may jointly, by regulation, modify
any date in section 7A(d) of the Small Business Act, as redesignated and transferred by section 304 of this Act, other than
a deadline established under an amendment made by paragraph (1), in a manner consistent with the purposes of the
Paycheck Protection Program to help businesses retain workers
and meet financial obligations.
(c) ELIGIBLE CHURCHES AND RELIGIOUS ORGANIZATIONS.—
(1) SENSE OF CONGRESS.—It is the sense of Congress that
the interim final rule of the Administration entitled ‘‘Business
Loan Program Temporary Changes; Paycheck Protection Program’’ (85 Fed. Reg. 20817 (April 15, 2020)) properly clarified
the eligibility of churches and religious organizations for loans
made under paragraph (36) of section 7(a) of the Small Business
Act (15 U.S.C. 636(a)).
(2) APPLICABILITY OF PROHIBITION.—The prohibition on
eligibility established by section 120.110(k) of title 13, Code
of Federal Regulations, or any successor regulation, shall not
apply to a loan under paragraph (36) of section 7(a) of the
Small Business Act (15 U.S.C. 636(a)).

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SEC. 312. INCREASED ABILITY FOR PAYCHECK PROTECTION PROGRAM
BORROWERS TO REQUEST AN INCREASE IN LOAN
AMOUNT DUE TO UPDATED REGULATIONS.

(a) DEFINITIONS.—In this section—
(1) the terms ‘‘covered loan’’ and ‘‘eligible recipient’’ have
the meanings given those terms in 7(a)(36)(A) of the Small
Business Act (15 U.S.C. 636(a)(36)(A)); and
(2) the term ‘‘included covered loan’’ means a covered loan
for which, as of the date of enactment of this Act, the borrower
had not received forgiveness under section 1106 of the CARES
Act, as in effect on the day before such date of enactment.
(b) RULES OR GUIDANCE.—Not later than 17 days after the
date of enactment of this Act, and without regard to the notice
requirements under section 553(b) of title 5, United States Code,
the Administrator shall issue rules or guidance to ensure that
an eligible recipient of an included covered loan that returns

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Regulations.
15 USC 636m
note.

15 USC 636 note.

15 USC 636 note.

Deadline.

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amounts disbursed under the included covered loan or does not
accept the full amount of the included covered loan for which
the eligible recipient was approved—
(1) in the case of an eligible recipient that returned all
or part of an included covered loan, the eligible recipient may
reapply for a covered loan for an amount equal to the difference
between the amount retained and the maximum amount
applicable; and
(2) in the case of an eligible recipient that did not accept
the full amount of an included covered loan, the eligible
recipient may request a modification to increase the amount
of the covered loan to the maximum amount applicable, subject
to the requirements of section 7(a)(36) of the Small Business
Act (15 U.S.C. 636(a)(36)).
(c) INTERIM FINAL RULES.—Notwithstanding the interim final
rule issued by the Administration entitled ‘‘Business Loan Program
Temporary Changes; Paycheck Protection Program—Loan
Increases’’ (85 Fed. Reg. 29842 (May 19, 2020)), an eligible recipient
of an included covered loan that is eligible for an increased covered
loan amount as a result of any interim final rule that allows
for covered loan increases may submit a request for an increase
in the included covered loan amount even if—
(1) the initial covered loan amount has been fully disbursed;
or
(2) the lender of the initial covered loan has submitted
to the Administration a Form 1502 report related to the covered
loan.

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SEC. 313. CALCULATION OF MAXIMUM LOAN AMOUNT FOR FARMERS
AND RANCHERS UNDER THE PAYCHECK PROTECTION
PROGRAM.

(a) IN GENERAL.—Section 7(a)(36) of the Small Business Act
(15 U.S.C. 636(a)(36)), as amended by section 310 of this Act,
is amended—
(1) in subparagraph (E), in the matter preceding clause
(i), by striking ‘‘During’’ and inserting ‘‘Except as provided
in subparagraph (V), during’’; and
(2) by adding at the end the following:
‘‘(V) CALCULATION OF MAXIMUM LOAN AMOUNT FOR
FARMERS AND RANCHERS.—
‘‘(i) DEFINITION.—In this subparagraph, the term
‘covered recipient’ means an eligible recipient that—
‘‘(I) operates as a sole proprietorship or as
an independent contractor, or is an eligible selfemployed individual;
‘‘(II) reports farm income or expenses on a
Schedule F (or any equivalent successor schedule);
and
‘‘(III) was in business as of February 15, 2020.
‘‘(ii) NO EMPLOYEES.—With respect to covered
recipient without employees, the maximum covered
loan amount shall be the lesser of—
‘‘(I) the sum of—
‘‘(aa) the product obtained by multiplying—
‘‘(AA) the gross income of the covered
recipient in 2019, as reported on a

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134 STAT. 2009

Schedule F (or any equivalent successor
schedule), that is not more than $100,000,
divided by 12; and
‘‘(BB) 2.5; and
‘‘(bb) the outstanding amount of a loan
under subsection (b)(2) that was made during
the period beginning on January 31, 2020 and
ending on April 3, 2020 that the borrower
intends to refinance under the covered loan,
not including any amount of any advance
under the loan that is not required to be
repaid; or
‘‘(II) $2,000,000.
‘‘(iii) WITH EMPLOYEES.—With respect to a covered
recipient with employees, the maximum covered loan
amount shall be calculated using the formula described
in subparagraph (E), except that the gross income of
the covered recipient described in clause (ii)(I)(aa)(AA)
of this subparagraph, as divided by 12, shall be added
to the sum calculated under subparagraph (E)(i)(I).
‘‘(iv) RECALCULATION.—A lender that made a covered loan to a covered recipient before the date of
enactment of this subparagraph may, at the request
of the covered recipient—
‘‘(I) recalculate the maximum loan amount
applicable to that covered loan based on the formula described in clause (ii) or (iii), as applicable,
if doing so would result in a larger covered loan
amount; and
‘‘(II) provide the covered recipient with additional covered loan amounts based on that recalculation.’’.
(b) EFFECTIVE DATE; APPLICABILITY.—
(1) IN GENERAL.—Except as provided in paragraph (2), the
amendments made by subsection (a) shall be effective as if
included in the CARES Act (Public Law 116–136; 134 Stat.
281) and shall apply to any loan made pursuant to section
7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) before,
on, or after the date of enactment of this Act, including forgiveness of such a loan.
(2) EXCLUSION OF LOANS ALREADY FORGIVEN.—The amendments made by subsection (a) shall not apply to a loan made
pursuant to section 7(a)(36) of the Small Business Act (15
U.S.C. 636(a)(36)) for which the borrower received forgiveness
before the date of enactment of this Act under section 1106
of the CARES Act, as in effect on the day before such date
of enactment.

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SEC. 314. FARM CREDIT SYSTEM INSTITUTIONS.

Time period.

15 USC 636 note.

15 USC 636 note.

(a) DEFINITION OF FARM CREDIT SYSTEM INSTITUTION.—In this
section, the term ‘‘Farm Credit System institution’’—
(1) means an institution of the Farm Credit System chartered under the Farm Credit Act of 1971 (12 U.S.C. 2001
et seq.); and
(2) does not include the Federal Agricultural Mortgage
Corporation.

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PUBLIC LAW 116–260—DEC. 27, 2020

(b) FACILITATION OF PARTICIPATION IN PPP AND SECOND DRAW
LOANS.—
(1) APPLICABLE RULES.—Solely with respect to loans under
paragraphs (36) and (37) of section 7(a) of the Small Business
Act (15 U.S.C. 636(a)), Farm Credit Administration regulations
and guidance issued as of July 14, 2020, and compliance with
such regulations and guidance, shall be deemed functionally
equivalent to requirements referenced in section 3(a)(iii)(II)
of the interim final rule of the Administration entitled ‘‘Business Loan Program Temporary Changes; Paycheck Protection
Program’’ (85 Fed. Reg. 20811 (April 15, 2020)) or any similar
requirement referenced in that interim final rule in implementing such paragraph (37).
(2) APPLICABILITY OF CERTAIN LOAN REQUIREMENTS.—For
purposes of making loans under paragraph (36) or (37) of section
7(a) of the Small Business Act (15 U.S.C. 636(a)) or forgiving
those loans in accordance with section 7A of the Small Business
Act, as redesignated and transferred by section 304 of this
Act, and subparagraph (J) of such paragraph (37), sections
4.13, 4.14, and 4.14A of the Farm Credit Act of 1971 (12
U.S.C. 2199, 2202, 2202a) (including regulations issued under
those sections) shall not apply.
(3) RISK WEIGHT.—
(A) IN GENERAL.—With respect to the application of
Farm Credit Administration capital requirements, a loan
described in subparagraph (B)—
(i) shall receive a risk weight of zero percent; and
(ii) shall not be included in the calculation of any
applicable leverage ratio or other applicable capital
ratio or calculation.
(B) LOANS DESCRIBED.—A loan referred to in subparagraph (A) is—
(i) a loan made by a Farm Credit Bank described
in section 1.2(a) of the Farm Credit Act of 1971 (12
U.S.C. 2002(a)) to a Federal Land Bank Association,
a Production Credit Association, or an agricultural
credit association described in that section to make
loans under paragraph (36) or (37) of section 7(a) of
the Small Business Act (15 U.S.C. 636(a)) or forgive
those loans in accordance with section 7A of the Small
Business Act, as redesignated and transferred by section 304 of this Act, and subparagraph (J) of such
paragraph (37); or
(ii) a loan made by a Federal Land Bank Association, a Production Credit Association, an agricultural
credit association, or the bank for cooperatives
described in section 1.2(a) of the Farm Credit Act of
1971 (12 U.S.C. 2002(a)) under paragraph (36) or (37)
of section 7(a) of the Small Business Act (15 U.S.C.
636(a)).
(c) EFFECTIVE DATE; APPLICABILITY.—This section shall be effective as if included in the CARES Act (Public Law 116–136; 134
Stat. 281) and shall apply to any loan made pursuant to section
7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) before,
on, or after the date of enactment of this Act, including forgiveness
of such a loan.

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134 STAT. 2011

SEC. 315. DEFINITION OF SEASONAL EMPLOYER.

(a) PPP LOANS.—Section 7(a)(36)(A) of the Small Business Act
(15 U.S.C. 636(a)(36)(A)) is amended—
(1) in clause (xi), by striking ‘‘and’’ at the end;
(2) in clause (xii), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
‘‘(xiii) the term ‘seasonal employer’ means an
eligible recipient that—
‘‘(I) does not operate for more than 7 months
in any calendar year; or
‘‘(II) during the preceding calendar year, had
gross receipts for any 6 months of that year that
were not more than 33.33 percent of the gross
receipts of the employer for the other 6 months
of that year;’’.
(b) LOAN FORGIVENESS.—Paragraph (12) of section 7A(a) of
the Small Business Act, as so redesignated and transferred by
section 304 of this Act, is amended to read as follows:
‘‘(12) the terms ‘payroll costs’ and ‘seasonal employer’ have
the meanings given those terms in section 7(a)(36).’’.
(c) EFFECTIVE DATE; APPLICABILITY.—The amendments made
by subsections (a) and (b) shall be effective as if included in the
CARES Act (Public Law 116–136; 134 Stat. 281) and shall apply
to any loan made pursuant to section 7(a)(36) of the Small Business
Act (15 U.S.C. 636(a)(36)) before, on, or after the date of enactment
of this Act, including forgiveness of such a loan.

Time period.

15 USC 636 note.

SEC. 316. HOUSING COOPERATIVES.

Section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36))
is amended—
(1) in subparagraph (A), as amended by section 315(a)
of this Act, by adding at the end the following:
‘‘(xiv) the term ‘housing cooperative’ means a
cooperative housing corporation (as defined in section
216(b) of the Internal Revenue Code of 1986) that
employs not more than 300 employees;’’; and
(2) in subparagraph (D)—
(A) in clause (i), by inserting ‘‘housing cooperative,’’
before ‘‘veterans organization,’’ each place it appears; and
(B) in clause (vi), by inserting ‘‘, a housing cooperative,’’
before ‘‘a veterans organization’’.

Definition.

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SEC. 317. ELIGIBILITY OF NEWS ORGANIZATIONS FOR LOANS UNDER
THE PAYCHECK PROTECTION PROGRAM.

(a) ELIGIBILITY OF INDIVIDUAL STATIONS, NEWSPAPERS, AND
PUBLIC BROADCASTING ORGANIZATIONS.—Section 7(a)(36)(D)(iii) of
the Small Business Act (15 U.S.C. 636(a)(36)(D)(iii)) is amended—
(1) by striking ‘‘During the covered period’’ and inserting
the following:
‘‘(I) IN GENERAL.—During the covered period’’;
and
(2) by adding at the end the following
‘‘(II) ELIGIBILITY OF NEWS ORGANIZATIONS.—
‘‘(aa) DEFINITION.—In this subclause, the
term ‘included business concern’ means a business concern, including any station which

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PUBLIC LAW 116–260—DEC. 27, 2020

broadcasts pursuant to a license granted by
the Federal Communications Commission
under title III of the Communications Act of
1934 (47 U.S.C. 301 et seq.) without regard
for whether such a station is a concern as
defined in section 121.105 of title 13, Code
of Federal Regulations, or any successor
thereto—
‘‘(AA) that employs not more than 500
employees, or the size standard established by the Administrator for the North
American Industry Classification System
code applicable to the business concern,
per physical location of such business concern; or
‘‘(BB) any nonprofit organization or
any organization otherwise subject to section 511(a)(2)(B) of the Internal Revenue
Code of 1986 that is a public broadcasting
entity (as defined in section 397(11) of
the Communications Act of 1934 (47
U.S.C. 397(11))).
‘‘(bb) ELIGIBILITY.—During the covered
period, an included business concern shall be
eligible to receive a covered loan if—
‘‘(AA) the included business concern
is majority owned or controlled by a business concern that is assigned a North
American Industry Classification System
code beginning with 511110 or 5151 or,
with respect to a public broadcasting
entity (as defined in section 397(11) of
the Communications Act of 1934 (47
U.S.C. 397(11))), has a trade or business
that falls under such a code; and
‘‘(BB) the included business concern
makes a good faith certification that proceeds of the loan will be used to support
expenses at the component of the included
business concern that produces or distributes locally focused or emergency information.’’.
(b) ELIGIBILITY OF AFFILIATED ENTITIES.—Section 7(a)(36)(D)(iv)
of the Small Business Act (15 U.S.C. 636(a)(36)(D)(iv)) is amended—
(1) in subclause (II), by striking ‘‘and’’ at the end;
(2) in subclause (III), by striking the period at the end
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(IV)(aa) any business concern (including any
station which broadcasts pursuant to a license
granted by the Federal Communications Commission under title III of the Communications Act
of 1934 (47 U.S.C. 301 et seq.) without regard
for whether such a station is a concern as defined
in section 121.105 of title 13, Code of Federal
Regulations, or any successor thereto) that
employs not more than 500 employees, or the size

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standard established by the Administrator for the
North American Industry Classification System
code applicable to the business concern, per physical location of such business concern and is
majority owned or controlled by a business concern
that is assigned a North American Industry Classification System code beginning with 511110 or
5151; or
‘‘(bb) any nonprofit organization that is
assigned a North American Industry Classification
System code beginning with 5151.’’.
(c) APPLICATION OF PROHIBITION ON PUBLICLY TRADED COMPANIES.—Clause (viii) of section 7(a)(36)(D) of the Small Business
Act (15 U.S.C. 636(a)(36)(D), as added by section 342 of this Act
is amended—
(1) by striking ‘‘Notwithstanding’’ and inserting the following:
‘‘(I) IN GENERAL.—Subject to subclause (II),
and notwithstanding’’; and
(2) by adding at the end—
‘‘(II) RULE FOR AFFILIATED ENTITIES.—With
respect to a business concern made eligible by
clause (iii)(II) or clause (iv)(IV) of this subparagraph, the Administrator shall not consider
whether any affiliated entity, which for purposes
of this subclause shall include any entity that owns
or controls such business concern, is an issuer.’’.

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SEC. 318. ELIGIBILITY OF 501(c)(6) AND DESTINATION MARKETING
ORGANIZATIONS FOR LOANS UNDER THE PAYCHECK
PROTECTION PROGRAM.

Section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36))
is amended—
(1) in subparagraph (A), as amended by section 316 of
this Act, by adding at the end the following:
‘‘(xv) the term ‘destination marketing organization’
means a nonprofit entity that is—
‘‘(I) an organization described in section 501(c)
of the Internal Revenue Code of 1986 and exempt
from tax under section 501(a) of such Code; or
‘‘(II) a State, or a political subdivision of a
State (including any instrumentality of such entities)—
‘‘(aa) engaged in marketing and promoting
communities and facilities to businesses and
leisure travelers through a range of activities,
including—
‘‘(AA) assisting with the location of
meeting and convention sites;
‘‘(BB) providing travel information on
area attractions, lodging accommodations,
and restaurants;
‘‘(CC) providing maps; and
‘‘(DD) organizing group tours of local
historical, recreational, and cultural
attractions; or

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Definition.

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PUBLIC LAW 116–260—DEC. 27, 2020
‘‘(bb) that is engaged in, and derives the
majority of the operating budget of the entity
from revenue attributable to, providing live
events; and’’; and
(2) in subparagraph (D), as amended by section 316 of
this Act—
(A) in clause (v), by inserting ‘‘or for purposes of determining the number of employees of a housing cooperative
or a business concern or organization made eligible for
a loan under this paragraph under clause (iii)(II), (iv)(IV),
or (vii),’’ after ‘‘clause (i)(I),’’;
(B) in clause (vi), by inserting ‘‘a business concern
or organization made eligible for a loan under this paragraph under clause (vii),’’ after ‘‘a nonprofit organization,’’;
and
(C) by adding at the end the following:
‘‘(vii) ELIGIBILITY FOR CERTAIN 501(c)(6) ORGANIZATIONS.—
‘‘(I) IN GENERAL.—Any organization that is
described in section 501(c)(6) of the Internal Revenue Code and that is exempt from taxation under
section 501(a) of such Code (excluding professional
sports leagues and organizations with the purpose
of promoting or participating in a political campaign or other activity) shall be eligible to receive
a covered loan if—
‘‘(aa) the organization does not receive
more than 15 percent of its receipts from lobbying activities;
‘‘(bb) the lobbying activities of the
organization do not comprise more than 15
percent of the total activities of the organization;
‘‘(cc) the cost of the lobbying activities of
the organization did not exceed $1,000,000
during the most recent tax year of the
organization that ended prior to February 15,
2020; and
‘‘(dd) the organization employs not more
than 300 employees.
‘‘(II) DESTINATION MARKETING ORGANIZATIONS.—Any destination marketing organization
shall be eligible to receive a covered loan if—
‘‘(aa) the destination marketing organization does not receive more than 15 percent
of its receipts from lobbying activities;
‘‘(bb) the lobbying activities of the destination marketing organization do not comprise
more than 15 percent of the total activities
of the organization;
‘‘(cc) the cost of the lobbying activities of
the destination marketing organization did not
exceed $1,000,000 during the most recent tax
year of the destination marketing organization
that ended prior to February 15, 2020; and

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‘‘(dd) the destination marketing organization employs not more than 300 employees;
and
‘‘(ee) the destination marketing organization—
‘‘(AA) is described in section 501(c)
of the Internal Revenue Code and is
exempt from taxation under section 501(a)
of such Code; or
‘‘(BB) is a quasi-governmental entity
or is a political subdivision of a State or
local
government,
including
any
instrumentality of those entities.’’.
SEC. 319. PROHIBITION ON USE OF LOAN PROCEEDS FOR LOBBYING
ACTIVITIES.

Section 7(a)(36)(F) of the Small Business Act (15 U.S.C.
636(a)(36)(F)) is amended by adding at the end the following:
‘‘(vi) PROHIBITION.—None of the proceeds of a covered loan may be used for—
‘‘(I) lobbying activities, as defined in section
3 of the Lobbying Disclosure Act of 1995 (2 U.S.C.
1602);
‘‘(II) lobbying expenditures related to a State
or local election; or
‘‘(III) expenditures designed to influence the
enactment of legislation, appropriations, regulation, administrative action, or Executive order proposed or pending before Congress or any State
government, State legislature, or local legislature
or legislative body.’’.

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SEC. 320. BANKRUPTCY PROVISIONS.

(a) IN GENERAL.—Section 364 of title 11, United States Code,
is amended by adding at the end the following:
‘‘(g)(1) The court, after notice and a hearing, may authorize
a debtor in possession or a trustee that is authorized to operate
the business of the debtor under section 1183, 1184, 1203, 1204,
or 1304 of this title to obtain a loan under paragraph (36) or
(37) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)),
and such loan shall be treated as a debt to the extent the loan
is not forgiven in accordance with section 7A of the Small Business
Act or subparagraph (J) of such paragraph (37), as applicable,
with priority equal to a claim of the kind specified in subsection
(c)(1) of this section.
‘‘(2) The trustee may incur debt described in paragraph (1)
notwithstanding any provision in a contract, prior order authorizing
the trustee to incur debt under this section, prior order authorizing
the trustee to use cash collateral under section 363, or applicable
law that prohibits the debtor from incurring additional debt.
‘‘(3) The court shall hold a hearing within 7 days after the
filing and service of the motion to obtain a loan described in
paragraph (1). Notwithstanding the Federal Rules of Bankruptcy
Procedure, at such hearing, the court may grant relief on a final
basis.’’.
(b) ALLOWANCE OF ADMINISTRATIVE EXPENSES.—Section 503(b)
of title 11, United States Code, is amended—
(1) in paragraph (8)(B), by striking ‘‘and’’ at the end;

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11 USC 364 note.

Determination.

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(2) in paragraph (9), by striking the period at the end
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(10) any debt incurred under section 364(g)(1) of this
title.’’.
(c) CONFIRMATION OF PLAN FOR REORGANIZATION.—Section 1191
of title 11, United States Code, is amended by adding at the end
the following:
‘‘(f) SPECIAL PROVISION RELATED TO COVID–19 PANDEMIC.—
Notwithstanding section 1129(a)(9)(A) of this title and subsection
(e) of this section, a plan that provides for payment of a claim
of a kind specified in section 503(b)(10) of this title may be confirmed
under subsection (b) of this section if the plan proposes to make
payments on account of such claim when due under the terms
of the loan giving rise to such claim.’’.
(d) CONFIRMATION OF PLAN FOR FAMILY FARMERS AND FISHERMEN.—Section 1225 of title 11, United States Code, is amended
by adding at the end the following:
‘‘(d) Notwithstanding section 1222(a)(2) of this title and subsection (b)(1) of this section, a plan that provides for payment
of a claim of a kind specified in section 503(b)(10) of this title
may be confirmed if the plan proposes to make payments on account
of such claim when due under the terms of the loan giving rise
to such claim.’’.
(e) CONFIRMATION OF PLAN FOR INDIVIDUALS.—Section 1325
of title 11, United States Code, is amended by adding at the end
the following:
‘‘(d) Notwithstanding section 1322(a)(2) of this title and subsection (b)(1) of this section, a plan that provides for payment
of a claim of a kind specified in section 503(b)(10) of this title
may be confirmed if the plan proposes to make payments on account
of such claim when due under the terms of the loan giving rise
to such claim.’’.
(f) EFFECTIVE DATE; SUNSET.—
(1) EFFECTIVE DATE.—The amendments made by subsections (a) through (e) shall—
(A) take effect on the date on which the Administrator
submits to the Director of the Executive Office for United
States Trustees a written determination that, subject to
satisfying any other eligibility requirements, any debtor
in possession or trustee that is authorized to operate the
business of the debtor under section 1183, 1184, 1203,
1204, or 1304 of title 11, United States Code, would be
eligible for a loan under paragraphs (36) and (37) of section
7(a) of the Small Business Act (15 U.S.C. 636(a)); and
(B) apply to any case pending on or commenced on
or after the date described in subparagraph (A).
(2) SUNSET.—
(A) IN GENERAL.—If the amendments made by subsections (a) through (e) take effect under paragraph (1),
effective on the date that is 2 years after the date of
enactment of this Act—
(i) section 364 of title 11, United States Code,
is amended by striking subsection (g);
(ii) section 503(b) of title 11, United States Code,
is amended—

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(I) in paragraph (8)(B), by adding ‘‘and’’ at
the end;
(II) in paragraph (9), by striking ‘‘; and’’ at
the end and inserting a period; and
(III) by striking paragraph (10);
(iii) section 1191 of title 11, United States Code,
is amended by striking subsection (f);
(iv) section 1225 of title 11, United States Code,
is amended by striking subsection (d); and
(v) section 1325 of title 11, United States Code,
is amended by striking subsection (d).
(B) APPLICABILITY.—Notwithstanding the amendments
made by subparagraph (A) of this paragraph, if the amendments made by subsections (a) through (e) take effect under
paragraph (1) of this subsection, such amendments shall
apply to any case under title 11, United States Code, commenced before the date that is 2 years after the date
of enactment of this Act.
SEC. 321. OVERSIGHT.

(a) COMPLIANCE WITH OVERSIGHT REQUIREMENTS.—
(1) IN GENERAL.—Except as provided in paragraph (2), on
and after the date of enactment of this Act, the Administrator
shall comply with any data or information requests or inquiries
made by the Comptroller General of the United States not
later than 15 days (or such later date as the Comptroller
General may specify) after receiving the request or inquiry.
(2) EXCEPTION.—If the Administrator is unable to comply
with a request or inquiry described in paragraph (1) before
the applicable date described in that paragraph, the Administrator shall, before such applicable date, submit to the Committee on Small Business and Entrepreneurship of the Senate
and the Committee on Small Business of the House of Representatives a notification that includes a detailed justification
for the inability of the Administrator to comply with the request
or inquiry.
(b) TESTIMONY.—Not later than the date that is 120 days after
the date of enactment of this Act, and not less than twice each
year thereafter until the date that is 2 years after the date of
enactment of this Act, the Administrator and the Secretary of
the Treasury shall testify before the Committee on Small Business
and Entrepreneurship of the Senate and the Committee on Small
Business of the House of Representatives regarding implementation
of this Act and the amendments made by this Act.

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SEC. 322. CONFLICTS OF INTEREST.

Deadlines.
15 USC 639b.

Notification.

Termination
date.

15 USC 636 note.

(a) DEFINITIONS.—In this section:
(1) CONTROLLING INTEREST.—The term ‘‘controlling
interest’’ means owning, controlling, or holding not less than
20 percent, by vote or value, of the outstanding amount of
any class of equity interest in an entity.
(2) COVERED ENTITY.—
(A) DEFINITION.—The term ‘‘covered entity’’ means an
entity in which a covered individual directly or indirectly
holds a controlling interest.
(B) TREATMENT OF SECURITIES.—For the purpose of
determining whether an entity is a covered entity, the

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securities owned, controlled, or held by 2 or more individuals who are related as described in paragraph (3)(B) shall
be aggregated.
(3) COVERED INDIVIDUAL.—The term ‘‘covered individual’’
means—
(A) the President, the Vice President, the head of an
Executive department, or a Member of Congress; and
(B) the spouse, as determined under applicable common
law, of an individual described in subparagraph (A).
(4) EXECUTIVE DEPARTMENT.—The term ‘‘Executive department’’ has the meaning given the term in section 101 of title
5, United States Code.
(5) MEMBER OF CONGRESS.—The term ‘‘Member of Congress’’ means a Member of the Senate or House of Representatives, a Delegate to the House of Representatives, and the
Resident Commissioner from Puerto Rico.
(6) EQUITY INTEREST.—The term ‘‘equity interest’’ means—
(A) a share in an entity, without regard to whether
the share is—
(i) transferable; or
(ii) classified as stock or anything similar;
(B) a capital or profit interest in a limited liability
company or partnership; or
(C) a warrant or right, other than a right to convert,
to purchase, sell, or subscribe to a share or interest
described in subparagraph (A) or (B), respectively.
(b) REQUIREMENT FOR DISCLOSURE REGARDING EXISTING
LOANS.—For any loan under paragraph (36) of section 7(a) of the
Small Business Act (15 U.S.C. 636(a)) made to a covered entity
before the date of enactment of this Act—
(1) if, before the date of enactment of this Act, the covered
entity submitted an application for forgiveness under section
1106 of the CARES Act (15 U.S.C. 9005) (as such section
was in effect on the day before the date of enactment of this
Act) with respect to such loan, not later than 30 days after
the date of enactment of this Act, the principal executive officer,
or individual performing a similar function, of the covered
entity shall disclose to the Administrator that the entity is
a covered entity; and
(2) if, on or after the date of enactment of this Act, the
covered entity submits an application for forgiveness under
section 7A of the Small Business Act, as redesignated and
transferred by section 304 of this Act, with respect to such
loan, not later than 30 days after submitting the application,
the principal executive officer, or individual performing a
similar function, of the covered entity shall disclose to the
Administrator that the entity is a covered entity.
(c) BAN ON NEW LOANS.—On and after the date of enactment
of this Act, a loan under paragraph (36) or (37) of section 7(a)
of the Small Business Act (15 U.S.C. 636(a)), as added and amended
by this Act, may not be made to a covered entity.

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SEC. 323. COMMITMENT AUTHORITY AND APPROPRIATIONS.
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(a) COMMITMENT AUTHORITY.—Section 1102(b) of the CARES
Act (Public Law 116–136) is amended—
(1) in paragraph (1)—

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(A) in the paragraph heading, by inserting ‘‘AND
after ‘‘PPP’’;
(B) by striking ‘‘August 8, 2020’’ and inserting ‘‘March
31, 2021’’;
(C) by striking ‘‘paragraph (36)’’ and inserting ‘‘paragraphs (36) and (37)’’; and
(D) by striking ‘‘ $659,000,000,000’’ and inserting ‘‘
$806,450,000,000’’; and
(2) by adding at the end the following:
‘‘(3) 2021 7(a) LOAN PROGRAM LEVEL AND FUNDING.—Notwithstanding the amount authorized under the heading ‘Small
Business
Administration—Business
Loans
Program
Account’under the Financial Services and General Government
Appropriations Act, 2021 for commitments for general business
loans authorized under paragraphs (1) through (35) of section
7(a) of the Small Business Act (15 U.S.C. 636(a)), commitments
for general business loans authorized under paragraphs (1)
through (35) of section 7(a) of the Small Business Act (15
U.S.C. 636(a)) shall not exceed $75,000,000,000 for a combination of amortizing term loans and the aggregated maximum
line of credit provided by revolving loans during the period
beginning on the date of enactment of this Act and ending
on September 30, 2021.’’.
(b) CLARIFICATION OF SECONDARY MARKET CAP.—Section
1107(b) of the CARES Act (15 U.S.C. 9006(b)) is amended by
inserting ‘‘with respect to loans under any paragraph of section
7(a) of the Small Business Act (15 U.S.C. 636(a))’’ before ‘‘shall
not exceed’’.
(c) RESCISSION.—With respect to unobligated balances under
the heading ‘‘Small Business Administration—Business Loans Program Account, CARES Act’’ as of the day before the date of enactment of this Act, $146,500,000,000 shall be rescinded and deposited
into the general fund of the Treasury.
(d) DIRECT APPROPRIATIONS.—
(1) NEW DIRECT APPROPRIATIONS FOR PPP LOANS, SECOND
DRAW LOANS, AND THE MBDA.—There is appropriated, out of
amounts in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 2021, to remain available
until expended, for additional amounts—
(A) $284,450,000,000 under the heading ‘‘Small Business Administration—Business Loans Program Account,
CARES Act’’, for the cost of guaranteed loans as authorized
under paragraph (36) or (37) of section 7(a) of the Small
Business Act (15 U.S.C. 636(a)), as amended and added
by this Act, including the cost of any modifications to
any loans guaranteed under such paragraph (36) that were
approved on or before August 8, 2020, of which—
(i) not less than $15,000,000,000 shall be for
guaranteeing loans under such paragraph (36) or (37)
made by community financial institutions, as defined
in section 7(a)(36)(A) of the Small Business Act (15
U.S.C. 636(a)(36)(A));
(ii) not less than $15,000,000,000 shall be for
guaranteeing loans under such paragraph (36) or (37)
made by—
(I) insured depository institutions (as defined
in section 3 of the Federal Deposit Insurance Act

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PUBLIC LAW 116–260—DEC. 27, 2020
(12 U.S.C. 1813)) with consolidated assets of less
than $10,000,000,000;
(II) credit unions (as defined in section
7(a)(36)(A) of the Small Business Act (15 U.S.C.
636(a)(36)(A))) with consolidated assets of less than
$10,000,000,000; or
(III) institutions of the Farm Credit System
chartered under the Farm Credit Act of 1971 (12
U.S.C. 2001 et seq.) with consolidated assets of
less than $10,000,000,000 (not including the Federal Agricultural Mortgage Corporation);
(iii) not less than $15,000,000,000 shall be for
guaranteeing loans under paragraph (36) of section
7(a) of the Small Business Act (15 U.S.C. 636(a)), as
amended by this Act, that are—
(I) made to eligible recipients with not more
than 10 employees; or
(II) in an amount that is not more than
$250,000 and made to an eligible recipient that
is located in a neighborhood that is a low-income
neighborhood or a moderate-income neighborhood,
for the purposes of the Community Reinvestment
Act of 1977 (12 U.S.C. 2901 et seq.);
(iv) not less than $35,000,000,000 shall be for
guaranteeing loans under paragraph (36) of section
7(a) of the Small Business Act (15 U.S.C. 636(a)), as
amended by this Act, to eligible recipients that have
not previously received a loan under such paragraph
(36); and
(v) not less than $25,000,000,000 shall be for
guaranteeing loans under paragraph (37) of section
7(a) of the Small Business Act (15 U.S.C. 636(a)), as
added by this Act, that are—
(I) made to eligible entities with not more
than 10 employees; or
(II) in an amount that is not more than
$250,000 and made to an eligible entity that is
located in a neighborhood that is a low-income
neighborhood or a moderate-income neighborhood,
for the purposes of the Community Reinvestment
Act of 1977 (12 U.S.C. 2901 et seq.);
(B) $25,000,000 under the heading ‘‘Department of
Commerce—Minority Business Development Agency’’ for
the Minority Business Development Centers Program,
including Specialty Centers, for necessary expenses,
including any cost sharing requirements that may exist,
for assisting minority business enterprises to prevent, prepare for, and respond to coronavirus, including identifying
and accessing local, State, and Federal government assistance related to such virus;
(C) $50,000,000 under the heading ‘‘Small Business
Administration—Salaries and Expenses’’ for the cost of carrying out reviews and audits of loans under subsection
(l) of section 7A of the Small Business Act, as redesignated,
transferred, and amended by this Act;

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(D) $20,000,000,000 under the heading ‘‘Small Business
Administration—Targeted EIDL Advance’’ to carry out section 331 of this Act, of which $20,000,000 shall be made
available to the Inspector General of the Small Business
Administration to prevent waste, fraud, and abuse with
respect to funding made available under that section;
(E) $57,000,000 for the program established under section 7(m) of the Small Business Act (15 U.S.C. 636(m))
of which—
(i) $50,000,000 shall be to provide technical assistance grants under such section 7(m) under the heading
‘‘Small Business Administration—Entrepreneurial
Development Programs’’; and
(ii) $7,000,000 shall be to provide direct loans
under such section 7(m) under the heading ‘‘Small
Business Administration—Business Loans Program
Account’’;
(F) $1,918,000,000 under the heading ‘‘Small Business
Administration—Business Loans Program Account’’ for the
cost of guaranteed loans as authorized by paragraphs (1)
through (35) of section 7(a) of the Small Business Act
(15 U.S.C. 636(a)), including the cost of carrying out sections 326, 327, and 328 of this Act;
(G) $3,500,000,000 under the heading ‘‘Small Business
Administration—Business Loans Program Account, CARES
Act’’ for carrying out section 325 of this Act; and
(H) $15,000,000,000 under the heading ‘‘Small Business Administration—Shuttered Venue Operators’’ to carry
out section 324 of this Act.
(2) MODIFICATION OF SET-ASIDES.—
(A) IN GENERAL.—Notwithstanding paragraph (1)(A),
if the Administrator makes the determination described
in subparagraph (B) of this paragraph, the Administrator
may reduce the amount of any allocation under paragraph
(1)(A) to be such amount as the Administrator may determine necessary.
(B) REQUIREMENTS FOR DETERMINATION.—The determination described in this subparagraph is a determination
by the Administrator that—
(i) is not made earlier than 25 days after the
date of enactment of this Act;
(ii) it is not reasonably expected that a type of
entity described in paragraph (1)(A) will make, or
receive, as applicable, the minimum amount of loans
necessary to meet the applicable allocation under paragraph(1)(A); and
(iii) it is reasonably expected that the total amount
of loans guaranteed under paragraph (36) or (37) of
section 7(a) of the Small Business Act (15 U.S.C.
636(a)), as amended and added by this Act, will equal
substantially all of the amount permitted by available
funds by March 31, 2021.
(3) APPROPRIATIONS FOR THE OFFICE OF INSPECTOR GENERAL.—
(A) IN GENERAL.—Effective on the date of enactment
of this Act, the remaining unobligated balances of funds

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from amounts made available for ‘‘Small Business Administration—Office of Inspector General’’ under section
1107(a)(3) of the CARES Act (15 U.S.C. 9006(a)(3)), are
hereby rescinded.
(B) FUNDING.—
(i) IN GENERAL.—There is appropriated, for an
additional amount, for the fiscal year ending September 30, 2021, out of amounts in the Treasury not
otherwise appropriated, an amount equal to the
amount rescinded under subparagraph (A), to remain
available until expended, under the heading ‘‘Small
Business Administration—Office of Inspector General’’.
(ii) USE OF FUNDS.—The amounts made available
under clause (i) shall be available for the same purposes, in addition to other funds as may be available
for such purposes, and under the same authorities
as the amounts made available under section
1107(a)(3) of the CARES Act (15 U.S.C. 9006(a)(3)).

15 USC 9009a.

SEC. 324. GRANTS FOR SHUTTERED VENUE OPERATORS.

(a) DEFINITIONS.—In this section:
(1) ELIGIBLE PERSON OR ENTITY.—
(A) IN GENERAL.—The term ‘‘eligible person or entity’’
means a live venue operator or promoter, theatrical producer, or live performing arts organization operator, a relevant museum operator, a motion picture theatre operator,
or a talent representative that meets the following requirements:
(i) The live venue operator or promoter, theatrical
producer, or live performing arts organization operator,
the relevant museum operator, the motion picture theatre operator, or the talent representative—
(I) was fully operational as a live venue operator or promoter, theatrical producer, or live performing arts organization operator, a relevant
museum operator, a motion picture theatre operator, or a talent representative on February 29,
2020; and
(II) has gross earned revenue during the first,
second, third, or, only with respect to an application submitted on or after January 1, 2021, fourth
quarter in 2020 that demonstrates not less than
a 25 percent reduction from the gross earned revenue of the live venue operator or promoter, theatrical producer, or live performing arts organization
operator, the relevant museum operator, the
motion picture theatre operator, or the talent representative during the same quarter in 2019.
(ii) As of the date of the grant under this section—
(I) the live venue operator or promoter, theatrical producer, or live performing arts organization
operator is or intends to resume organizing, promoting, producing, managing, or hosting future
live events described in paragraph (3)(A)(i);
(II) the motion picture theatre operator is open
or intends to reopen for the primary purpose of
public exhibition of motion pictures;

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(III) the relevant museum operator is open
or intends to reopen; or
(IV) the talent representative is representing
or managing artists and entertainers.
(iii) The venues at which the live venue operator
or promoter, theatrical producer, or live performing
arts organization operator promotes, produces, manages, or hosts events described in paragraph (3)(A)(i)
or the artists and entertainers represented or managed
by the talent representative perform have the following
characteristics:
(I) A defined performance and audience space.
(II) Mixing equipment, a public address
system, and a lighting rig.
(III) Engages 1 or more individuals to carry
out not less than 2 of the following roles:
(aa) A sound engineer.
(bb) A booker.
(cc) A promoter.
(dd) A stage manager.
(ee) Security personnel.
(ff) A box office manager.
(IV) There is a paid ticket or cover charge
to attend most performances and artists are paid
fairly and do not play for free or solely for tips,
except for fundraisers or similar charitable events.
(V) For a venue owned or operated by a nonprofit entity that produces free events, the events
are produced and managed primarily by paid
employees, not by volunteers.
(VI) Performances are marketed through
listings in printed or electronic publications, on
websites, by mass email, or on social media.
(iv) A motion picture theatre or motion picture
theatres operated by the motion picture theatre operator have the following characteristics:
(I) At least 1 auditorium that includes a
motion picture screen and fixed audience seating.
(II) A projection booth or space containing not
less than 1 motion picture projector.
(III) A paid ticket charge to attend exhibition
of motion pictures.
(IV) Motion picture exhibitions are marketed
through showtime listings in printed or electronic
publications, on websites, by mass mail, or on
social media.
(v) The relevant museum or relevant museums
for which the relevant museum operator is seeking
a grant under this section have the following characteristics:
(I) Serving as a relevant museum as its principal business activity.
(II) Indoor exhibition spaces that are a component of the principal business activity and which
have been subjected to pandemic-related occupancy
restrictions.

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(III) At least 1 auditorium, theater, or performance or lecture hall with fixed audience seating
and regular programming.
(vi)(I) The live venue operator or promoter, theatrical producer, or live performing arts organization
operator, the relevant museum operator, the motion
picture theatre operator, or the talent representative
does not have, or is not majority owned or controlled
by an entity with, any of the following characteristics:
(aa) Being an issuer, the securities of which
are listed on a national securities exchange.
(bb) Receiving more than 10 percent of gross
revenue from Federal funding during 2019,
excluding amounts received by the live venue operator or promoter, theatrical producer, or live performing arts organization operator, the relevant
museum operator, the motion picture theatre operator, or the talent representative under the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
(II) The live venue operator or promoter, theatrical
producer, or live performing arts organization operator,
the relevant museum operator, the motion picture theatre operator, or the talent representative does not
have, or is not majority owned or controlled by an
entity with, more than 2 of the following characteristics:
(aa) Owning or operating venues, relevant
museums, motion picture theatres, or talent agencies or talent management companies in more than
1 country.
(bb) Owning or operating venues, relevant
museums, motion picture theatres, or talent agencies or talent management companies in more than
10 States.
(cc) Employing more than 500 employees as
of February 29, 2020, determined on a full-time
equivalent basis in accordance with subparagraph
(C).
(III) The live venue operator or promoter, theatrical producer, or live performing arts organization
operator, the relevant museum operator, the motion
picture theatre operator, or the talent representative
has not received, on or after the date of enactment
of this Act, a loan guaranteed under paragraph (36)
or (37) of section 7(a) of the Small Business Act (15
U.S.C. 636(a)), as amended and added by this division.
(IV) For purposes of applying the characteristics
described in subclauses (I), (II), and (III) to an entity
owned by a State or a political subdivision of a State,
the relevant entity—
(aa) shall be the live venue operator or promoter, theatrical producer, or live performing arts
organization operator, the relevant museum operator, the motion picture theatre operator, or the
talent representative; and

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(bb) shall not include entities of the State
or political subdivision other than the live venue
operator or promoter, theatrical producer, or live
performing arts organization operator, the relevant
museum operator, the motion picture theatre operator, or the talent representative.
(B) EXCLUSION.—The term ‘‘eligible person or entity’’
shall not include a live venue operator or promoter, theatrical producer, or live performing arts organization operator, a relevant museum operator, a motion picture theatre
operator, or a talent representative that—
(i) presents live performances of a prurient sexual
nature; or
(ii) derives, directly or indirectly, more than de
minimis gross revenue through the sale of products
or services, or the presentation of any depictions or
displays, of a prurient sexual nature.
(C) CALCULATION OF FULL-TIME EMPLOYEES.—For purposes of determining the number of full-time equivalent
employees under subparagraph (A)(vi)(II)(cc) of this paragraph and under paragraph (2)(E)—
(i) any employee working not fewer than 30 hours
per week shall be considered a full-time employee;
and
(ii) any employee working not fewer than 10 hours
and fewer than 30 hours per week shall be counted
as one-half of a full-time employee.
(D) MULTIPLE BUSINESS ENTITIES.—Each business
entity of an eligible person or entity that also meets the
requirements under subparagraph (A) and that is not
described in subparagraph (B) shall be treated by the
Administrator as an independent, non-affiliated entity for
the purposes of this section.
(2) EXCHANGE; ISSUER; SECURITY.—The terms ‘‘exchange’’,
‘‘issuer’’, and ‘‘security’’ have the meanings given those terms
in section 3(a) of the Securities Exchange Act of 1934 (15
U.S.C. 78c(a)).
(3) LIVE VENUE OPERATOR OR PROMOTER, THEATRICAL PRODUCER, OR LIVE PERFORMING ARTS ORGANIZATION OPERATOR.—
The term ‘‘live venue operator or promoter, theatrical producer,
or live performing arts organization operator’’—
(A) means—
(i) an individual or entity—
(I) that, as a principal business activity,
organizes, promotes, produces, manages, or hosts
live concerts, comedy shows, theatrical productions, or other events by performing artists for
which—
(aa) a cover charge through ticketing or
front door entrance fee is applied; and
(bb) performers are paid in an amount
that is based on a percentage of sales, a guarantee (in writing or standard contract), or
another mutually beneficial formal agreement;
and

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PUBLIC LAW 116–260—DEC. 27, 2020
(II) for which not less than 70 percent of the
earned revenue of the individual or entity is generated through, to the extent related to a live
event described in subclause (I), cover charges or
ticket sales, production fees or production
reimbursements, nonprofit educational initiatives,
or the sale of event beverages, food, or merchandise; or
(ii) an individual or entity that, as a principal
business activity, makes available for purchase by the
public an average of not less than 60 days before
the date of the event tickets to events—
(I) described in clause (i)(I); and
(II) for which performers are paid in an
amount that is based on a percentage of sales,
a guarantee (in writing or standard contract), or
another mutually beneficial formal agreement; and
(B) includes an individual or entity described in
subparagraph (A) that—
(i) operates for profit;
(ii) is a nonprofit organization;
(iii) is government-owned; or
(iv) is a corporation, limited liability company, or
partnership or operated as a sole proprietorship.
(4) MOTION PICTURE THEATRE OPERATOR.—The term
‘‘motion picture theatre operator’’ means an individual or entity
that—
(A) as the principal business activity of the individual
or entity, owns or operates at least 1 place of public
accommodation for the purpose of motion picture exhibition
for a fee; and
(B) includes an individual or entity described in
subparagraph (A) that—
(i) operates for profit;
(ii) is a nonprofit organization;
(iii) is government-owned; or
(iv) is a corporation, limited liability company, or
partnership or operated as a sole proprietorship.
(5) NATIONAL SECURITIES EXCHANGE.—The term ‘‘national
securities exchange’’ means an exchange registered as a
national securities exchange under section 6 of the Securities
Exchange Act of 1934 (15 U.S.C. 78f).
(6) NONPROFIT.—The term ‘‘nonprofit’’, with respect to an
organization, means that the organization is exempt from taxation under section 501(a) of the Internal Revenue Code of
1986.
(7) RELEVANT MUSEUM.—The term ‘‘relevant museum’’—
(A) has the meaning given the term ‘‘museum’’ in section 273 of the Museum and Library Services Act (20
U.S.C. 9172); and
(B) shall not include any entity that is organized as
a for-profit entity.
(8) SEASONAL EMPLOYER.—The term ‘‘seasonal employer’’
has the meaning given that term in subparagraph (A) of section
7(a)(36) of the Small Business Act (15 U.S.C. 636(a)), as
amended by this Act.
(9) STATE.—The term ‘‘State’’ means—

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134 STAT. 2027

(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico; and
(D) any other territory or possession of the United
States.
(10) TALENT REPRESENTATIVE.—The term ‘‘talent representative’’—
(A) means an agent or manager that—
(i) as not less than 70 percent of the operations
of the agent or manager, is engaged in representing
or managing artists and entertainers;
(ii) books or represents musicians, comedians,
actors, or similar performing artists primarily at live
events in venues or at festivals; and
(iii) represents performers described in clause (ii)
that are paid in an amount that is based on the number
of tickets sold, or a similar basis; and
(B) includes an agent or manager described in subparagraph (A) that—
(i) operates for profit;
(ii) is a nonprofit organization;
(iii) is government-owned; or
(iv) is a corporation, limited liability company, or
partnership or operated as a sole proprietorship.
(b) AUTHORITY.—
(1) IN GENERAL.—
(A) ADMINISTRATION.—The Associate Administrator for
the Office of Disaster Assistance of the Administration
shall coordinate and formulate policies relating to the
administration of grants made under this section.
(B) CERTIFICATION OF NEED.—An eligible person or
entity applying for a grant under this section shall submit
a good faith certification that the uncertainty of current
economic conditions makes necessary the grant to support
the ongoing operations of the eligible person or entity.
(2) INITIAL GRANTS.—
(A) IN GENERAL.—The Administrator may make initial
grants to eligible persons or entities in accordance with
this section.
(B) INITIAL PRIORITIES FOR AWARDING GRANTS.—
(i) FIRST PRIORITY IN AWARDING GRANTS.—During
the initial 14-day period during which the Administrator awards grants under this paragraph, the
Administrator shall only award grants to an eligible
person or entity with revenue, during the period beginning on April 1, 2020 and ending on December 31,
2020, that is not more than 10 percent of the revenue
of the eligible person or entity during the period beginning on April 1, 2019 and ending on December 31,
2019, due to the COVID–19 pandemic.
(ii) SECOND PRIORITY IN AWARDING GRANTS.—
During the 14-day period immediately following the
14-day period described in clause (i), the Administrator
shall only award grants to an eligible person or entity
with revenue, during the period beginning on April
1, 2020 and ending on December 31, 2020, that is
not more than 30 percent of the revenue of the eligible

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134 STAT. 2028

person or entity during the period beginning on April
1, 2019 and ending on December 31, 2019, due to
the COVID–19 pandemic.
(iii) DETERMINATION OF REVENUE.—For purposes
of clauses (i) and (ii)—
(I) any amounts received by an eligible person
or entity under the CARES Act (Public Law 116–
136; 134 Stat. 281) or an amendment made by
the CARES Act shall not be counted as revenue
of an eligible person or entity;
(II) the Administrator shall use an accrual
method of accounting for determining revenue; and
(III) the Administrator may use alternative
methods to establish revenue losses for an eligible
person or entity that is a seasonal employer and
that would be adversely impacted if January, February, and March are excluded from the calculation of year-over-year revenues.
(iv) LIMIT ON USE OF AMOUNTS FOR PRIORITY
APPLICANTS.—The Administrator may use not more
than 80 percent of the amounts appropriated under
section 323(d)(1)(H) of this Act to carry out this section
to make initial grants under this paragraph to eligible
persons or entities described in clause (i) or (ii) of
this subparagraph that apply for a grant under this
paragraph during the initial 28-day period during
which the Administrator awards grants under this
paragraph.
(C) GRANTS AFTER PRIORITY PERIODS.—After the end
of the initial 28-day period during which the Administrator
awards grants under this paragraph, the Administrator
may award an initial grant to any eligible person or entity.
(D) LIMITS ON NUMBER OF INITIAL GRANTS TO AFFILIATES.—Not more than 5 business entities of an eligible
person or entity that would be considered affiliates under
the affiliation rules of the Administration may receive a
grant under this paragraph.
(E) SET-ASIDE FOR SMALL EMPLOYERS.—
(i) IN GENERAL.—Subject to clause (ii), not less
than $2,000,000,000 of the total amount of grants made
available under this paragraph shall be awarded to
eligible persons or entities which employ not more
than 50 full-time employees, determined in accordance
with subsection (a)(1)(C).
(ii) TIME LIMIT.—Clause (i) shall not apply on and
after the date that is 60 days after the Administrator
begins awarding grants under this section and, on
and after such date, amounts available for grants
under this section may be used for grants under this
section to any eligible person or entity.
(3) SUPPLEMENTAL GRANTS.—
(A) IN GENERAL.—Subject to subparagraph (B), the
Administrator may make a supplemental grant in accordance with this section to an eligible person or entity that
receives a grant under paragraph (2) if, as of April 1,
2021, the revenues of the eligible person or entity for
the most recent calendar quarter are not more than 30

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134 STAT. 2029

percent of the revenues of the eligible person or entity
for the corresponding calendar quarter during 2019 due
to the COVID–19 pandemic.
(B) PROCESSING TIMELY INITIAL GRANT APPLICATIONS
FIRST.—The Administrator may not award a supplemental
grant under subparagraph (A) until the Administrator has
completed processing (including determining whether to
award a grant) each application for an initial grant under
paragraph (2) that is submitted by an eligible person or
entity on or before the date that is 60 days after the
date on which the Administrator begins accepting such
applications.
(4) CERTIFICATION.—An eligible person or entity applying
for a grant under this section that is an eligible business
described in the matter preceding subclause (I) of section
4003(c)(3)(D)(i) of the CARES Act (15 U.S.C. 9042(c)(3)(D)(i)),
shall make a good-faith certification described in subclauses
(IX) and (X) of such section.
(c) AMOUNT.—
(1) INITIAL GRANTS.—
(A) IN GENERAL.—A grant under subsection (b)(2) shall
be in the amount equal to the lesser of—
(i)(I) for an eligible person or entity that was in
operation on January 1, 2019, the amount equal to
45 percent of the gross earned revenue of the eligible
person or entity during 2019; or
(II) for an eligible person or entity that began
operations after January 1, 2019, the amount equal
to the product obtained by multiplying—
(aa) the average monthly gross earned revenue
for each full month during which the eligible person or entity was in operation during 2019; by
(bb) 6; or
(ii) $10,000,000.
(B) APPLICATION TO RELEVANT MUSEUM OPERATORS.—
A relevant museum operator may not receive grants under
subsection (b)(2) in a total amount that is more than
$10,000,000 with respect to all relevant museums operated
by the relevant museum operator.
(2) SUPPLEMENTAL GRANTS.—A grant under subsection
(b)(3) shall be in the amount equal to 50 percent of the grant
received by the eligible person or entity under subsection (b)(2).
(3) OVERALL MAXIMUMS.—The total amount of grants
received under paragraphs (2) and (3) of subsection (b) by
an eligible person or entity shall be not more than $10,000,000.
(d) USE OF FUNDS.—
(1) TIMING.—
(A) EXPENSES INCURRED.—
(i) IN GENERAL.—Except as provided in clause (ii),
amounts received under a grant under this section
may be used for costs incurred during the period beginning on March 1, 2020, and ending on December 31,
2021.
(ii) EXTENSION FOR SUPPLEMENTAL GRANTS.—If an
eligible person or entity receives a grant under subsection (b)(3), amounts received under either grant
under this section may be used for costs incurred

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134 STAT. 2030

during the period beginning on March 1, 2020, and
ending on June 30, 2022.
(B) EXPENDITURE.—
(i) IN GENERAL.—Except as provided in clause (ii),
an eligible person or entity shall return to the Administrator any amounts received under a grant under this
section that are not expended on or before the date
that is 1 year after the date of disbursement of the
grant.
(ii) EXTENSION FOR SUPPLEMENTAL GRANTS.—If an
eligible person or entity receives a grant under subsection (b)(3), the eligible person or entity shall return
to the Administrator any amounts received under
either grant under this section that are not expended
on or before the date that is 18 months after the
date of disbursement to the eligible person or entity
of the grant under subsection (b)(2).
(2) ALLOWABLE EXPENSES.—
(A) DEFINITIONS.—In this paragraph—
(i) the terms ‘‘covered mortgage obligation’’, ‘‘covered rent obligation’’, ‘‘covered utility payment’’, and
‘‘covered worker protection expenditure’’ have the
meanings given those terms in section 7A(a) of the
Small Business Act, as redesignated, transferred, and
amended by this Act; and
(ii) the term ‘‘payroll costs’’ has the meaning given
that term in section 7(a)(36)(A) of the Small Business
Act (15 U.S.C. 636(a)(36)(A).
(B) EXPENSES.—An eligible person or entity may use
amounts received under a grant under this section for—
(i) payroll costs;
(ii) payments on any covered rent obligation;
(iii) any covered utility payment;
(iv) scheduled payments of interest or principal
on any covered mortgage obligation (which shall not
include any prepayment of principal on a covered mortgage obligation);
(v) scheduled payments of interest or principal
on any indebtedness or debt instrument (which shall
not include any prepayment of principal) incurred in
the ordinary course of business that is a liability of
the eligible person or entity and was incurred prior
to February 15, 2020;
(vi) covered worker protection expenditures;
(vii) payments made to independent contractors,
as reported on Form–1099 MISC, not to exceed a total
of $100,000 in annual compensation for any individual
employee of an independent contractor; and
(viii) other ordinary and necessary business
expenses, including—
(I) maintenance expenses;
(II) administrative costs, including fees and
licensing costs;
(III) State and local taxes and fees;
(IV) operating leases in effect as of February
15, 2020;

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(V) payments required for insurance on any
insurance policy; and
(VI) advertising, production transportation,
and capital expenditures related to producing a
theatrical or live performing arts production, concert, exhibition, or comedy show, except that a
grant under this section may not be used primarily
for such expenditures.
(3) PROHIBITED EXPENSES.—An eligible person or entity
may not use amounts received under a grant under this section—
(A) to purchase real estate;
(B) for payments of interest or principal on loans originated after February 15, 2020;
(C) to invest or re-lend funds;
(D) for contributions or expenditures to, or on behalf
of, any political party, party committee, or candidate for
elective office; or
(E) for any other use as may be prohibited by the
Administrator.
(e) INCREASED OVERSIGHT OF SHUTTERED VENUE OPERATOR
GRANTS.—The Administrator shall increase oversight of eligible
persons and entities receiving grants under this section, which
may include the following:
(1) DOCUMENTATION.—Additional documentation requirements that are consistent with the eligibility and other requirements under this section, including requiring an eligible person
or entity that receives a grant under this section to retain
records that document compliance with the requirements for
grants under this section—
(A) with respect to employment records, for the 4year period following receipt of the grant; and
(B) with respect to other records, for the 3-year period
following receipt of the grant.
(2) REVIEWS OF USE.—Reviews of the use of the grant
proceeds by an eligible person or entity to ensure compliance
with requirements established under this section and by the
Administrator, including that the Administrator may—
(A) review and audit grants under this section; and
(B) in the case of fraud or other material noncompliance with respect to a grant under this section—
(i) require repayment of misspent funds; or
(ii) pursue legal action to collect funds.
(f) SHUTTERED VENUE OVERSIGHT AND AUDIT PLAN.—
(1) IN GENERAL.—Not later than 45 days after the date
of enactment of this Act, the Administrator shall submit to
the Committee on Small Business and Entrepreneurship of
the Senate and the Committee on Small Business of the House
of Representatives an audit plan that details—
(A) the policies and procedures of the Administrator
for conducting oversight and audits of grants under this
section; and
(B) the metrics that the Administrator shall use to
determine which grants under this section will be audited
pursuant to subsection (e).
(2) REPORTS.—Not later than 60 days after the date of
enactment of this Act, and each month thereafter until the

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134 STAT. 2032

PUBLIC LAW 116–260—DEC. 27, 2020
date that is 1 year after the date on which all amounts made
available under section 323(d)(1)(H) of this Act have been
expended, the Administrator shall submit to the Committee
on Small Business and Entrepreneurship of the Senate and
the Committee on Small Business of the House of Representatives a report on the oversight and audit activities of the
Administrator under this subsection, which shall include—
(A) the total number of initial grants approved and
disbursed;
(B) the total amount of grants received by each eligible
person or entity, including any supplemental grants;
(C) the number of active investigations and audits
of grants under this section;
(D) the number of completed reviews and audits of
grants under this section, including a description of any
findings of fraud or other material noncompliance.
(E) any substantial changes made to the oversight
and audit plan submitted under paragraph (1).

SEC. 325. EXTENSION OF THE DEBT RELIEF PROGRAM.
Ante, p. 1309.

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(a) IN GENERAL.—Section 1112 of the CARES Act (15 U.S.C.
9011) is amended—
(1) in subsection (c)—
(A) by striking paragraph (1) and inserting the following:
‘‘(1) IN GENERAL.—Subject to the other provisions of this
section, the Administrator shall pay the principal, interest,
and any associated fees that are owed on a covered loan in
a regular servicing status, without regard to the date on which
the covered loan is fully disbursed, and subject to availability
of funds, as follows:
‘‘(A) With respect to a covered loan made before the
date of enactment of this Act and not on deferment, the
Administrator shall make those payments as follows:
‘‘(i) The Administrator shall make those payments
for the 6-month period beginning with the next payment due on the covered loan.
‘‘(ii) In addition to the payments under clause (i)—
‘‘(I) with respect to a covered loan other than
a covered loan described in paragraph (1)(A)(i) or
(2) of subsection (a), the Administrator shall make
those payments for—
‘‘(aa) the 3-month period beginning with
the first payment due on the covered loan
on or after February 1, 2021; and
‘‘(bb) an additional 5-month period immediately following the end of the 3-month period
provided under item (aa) if the covered loan
is made to a borrower that, according to
records of the Administration, is assigned a
North American Industry Classification
System code beginning with 61, 71, 72, 213,
315, 448, 451, 481, 485, 487, 511, 512, 515,
532, or 812; and
‘‘(II) with respect to a covered loan described
in paragraph (1)(A)(i) or (2) of subsection (a), the
Administrator shall make those payments for the

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8-month period beginning with the first payment
due on the covered loan on or after February 1,
2021.
‘‘(B) With respect to a covered loan made before the
date of enactment of this Act and on deferment, the
Administrator shall make those payments as follows:
‘‘(i) The Administrator shall make those payments
for the 6-month period beginning with the next payment due on the covered loan after the deferment
period.
‘‘(ii) In addition to the payments under clause (i)—
‘‘(I) with respect to a covered loan other than
a covered loan described in paragraph (1)(A)(i) or
(2) of subsection (a), the Administrator shall make
those payments for—
‘‘(aa) the 3-month period (beginning on
or after February 1, 2021) beginning with the
later of—
‘‘(AA) the next payment due on the
covered loan after the deferment period;
or
‘‘(BB) the first month after the
Administrator has completed the payments under clause (i); and
‘‘(bb) an additional 5-month period immediately following the end of the 3-month period
provided under item (aa) if the covered loan
is made to a borrower that, according to
records of the Administration, is assigned a
North American Industry Classification
System code beginning with 61, 71, 72, 213,
315, 448, 451, 481, 485, 487, 511, 512, 515,
532, or 812; and
‘‘(II) with respect to a loan described in paragraph (1)(A)(i) or (2) of subsection (a), the 8-month
period (beginning on or after February 1, 2021)
beginning with the later of—
‘‘(aa) the next payment due on the covered
loan after the deferment period; or
‘‘(bb) the first month after the payments
under clause (i) are complete.
‘‘(C) With respect to a covered loan made during the
period beginning on the date of enactment of this Act
and ending on the date that is 6 months after such date
of enactment, for the 6-month period beginning with the
first payment due on the covered loan.
‘‘(D) With respect to a covered loan approved during
the period beginning on February 1, 2021, and ending
on September 30, 2021, for the 6-month period beginning
with the first payment due on the covered loan.’’; and
(B) by adding at the end the following:
‘‘(4) LIMITATION.—
‘‘(A) IN GENERAL.—No single monthly payment of principal, interest, and associated fees made by the Administrator under subparagraph (A)(ii), (B)(ii), or (D) of paragraph (1) with respect to a covered loan may be in a
total amount that is more than $9,000.

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‘‘(B) TREATMENT OF ADDITIONAL AMOUNTS OWED.—If,
for a month, the total amount of principal, interest, and
associated fees that are owed on a covered loan for which
the Administration makes payments under paragraph (1)
is more than $9,000 the Administrator may require the
lender with respect to the covered loan to add the amount
by which those costs exceed $9,000 for that month as
interest to be paid by the borrower with respect to the
covered loan at the end of the loan period.
‘‘(5) ADDITIONAL PROVISIONS FOR NEW LOANS.—With respect
to a loan described in paragraph (1)(C)—
‘‘(A) the Administrator may further extend the period
described in paragraph (1)(C) if there are sufficient funds
to continue those payments; and
‘‘(B) during the underwriting process, a lender of such
a loan may consider the payments under this section as
part of a comprehensive review to determine the ability
to repay over the entire period of maturity of the loan.
‘‘(6) ELIGIBILITY.—Eligibility for a covered loan to receive
such payments of principal, interest, and any associated fees
under this subsection shall be based on the date on which
the covered loan is approved by the Administration.
‘‘(7) AUTHORITY TO REVISE EXTENSIONS.—
‘‘(A) IN GENERAL.—The Administrator shall monitor
whether amounts made available to make payments under
this subsection are sufficient to make the payments for
the periods described in paragraph (1).
‘‘(B) PLAN.—If the Administrator determines under
subparagraph (A) that the amounts made available to make
payments under this subsection are insufficient, the
Administrator shall—
‘‘(i) develop a plan to proportionally reduce the
number of months provided for each period described
in paragraph (1), while ensuring all amounts made
available to make payments under this subsection are
fully expended; and
‘‘(ii) before taking action under the plan developed
under clause (i), submit to Congress a report regarding
the plan, which shall include the data that informs
the plan.
‘‘(8) ADDITIONAL REQUIREMENTS.—With respect to the payments made under this subsection—
‘‘(A) no lender may charge a late fee to a borrower
with respect to a covered loan during any period in which
the Administrator makes payments with respect to the
covered loan under paragraph (1); and
‘‘(B) the Administrator shall, with respect to a covered
loan, make all payments with respect to the covered loan
under paragraph (1) not later than the 15th day of the
applicable month.
‘‘(9) RULE OF CONSTRUCTION.—Except as provided in paragraph (4), nothing in this subsection may be construed to preclude a borrower from receiving full payments of principal,
interest, and any associated fees authorized under this subsection with respect to a covered loan.’’;
(2) by redesignating subsection (f) as subsection (i); and
(3) by inserting after subsection (e) the following:

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‘‘(f) ELIGIBILITY FOR NEW LOANS.—For each individual lending
program under this section, the Administrator may establish a
minimum loan maturity period, taking into consideration the
normal underwriting requirements for each such program, with
the goal of preventing abuse under the program.
‘‘(g) LIMITATION ON ASSISTANCE.—A borrower may not receive
assistance under subsection (c) for more than 1 covered loan of
the borrower described in paragraph (1)(C) of that subsection.
‘‘(h) REPORTING AND OUTREACH.—
‘‘(1) UPDATED INFORMATION.—
‘‘(A) IN GENERAL.—Not later than 14 days after the
date of enactment of the Economic Aid to Hard-Hit Small
Businesses, Nonprofits, and Venues Act, the Administrator
shall make publicly available information regarding the
modifications to the assistance provided under this section
under the amendments made by such Act.
‘‘(B) GUIDANCE.—Not later than 21 days after the date
of enactment of the Economic Aid to Hard-Hit Small
Businesses, Nonprofits, and Venues Act the Administrator
shall issue guidance on implementing the modifications
to the assistance provided under this section under the
amendments made by such Act.
‘‘(2) PUBLICATION OF LIST.—Not later than March 1, 2021,
the Administrator shall transmit to each lender of a covered
loan a list of each borrower of a covered loan that includes
the North American Industry Classification System code
assigned to the borrower, based on the records of the Administration, to assist the lenders in identifying which borrowers
qualify for an extension of payments under subsection (c).
‘‘(3) EDUCATION AND OUTREACH.—The Administrator shall
provide education, outreach, and communication to lenders,
borrowers, district offices, and resource partners of the Administration in order to ensure full and proper compliance with
this section, encourage broad participation with respect to covered loans that have not yet been approved by the Administrator, and help lenders transition borrowers from subsidy payments under this section directly to a deferral when suitable
for the borrower.
‘‘(4) NOTIFICATION.—Not later than 30 days after the date
of enactment of the Economic Aid to Hard-Hit Small
Businesses, Nonprofits, and Venues Act, the Administrator
shall mail a letter to each borrower of a covered loan that
includes—
‘‘(A) an overview of assistance provided under this
section;
‘‘(B) the rights of the borrower to receive that assistance;
‘‘(C) how to seek recourse with the Administrator or
the lender of the covered loan if the borrower has not
received that assistance; and
‘‘(D) the rights of the borrower to request a loan
deferral from a lender, and guidance on how to do successfully transition directly to a loan deferral once subsidy
payments under this section are concluded.
‘‘(5) MONTHLY REPORTING.—Not later than the 15th of each
month beginning after the date of enactment of the Economic
Aid to Hard-Hit Small Businesses, Nonprofits, and Venues

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Public
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PUBLIC LAW 116–260—DEC. 27, 2020

Act, the Administrator shall submit to Congress a report on
assistance provided under this section, which shall include—
‘‘(A) monthly and cumulative data on payments made
under this section as of the date of the report, including
a breakdown by—
‘‘(i) the number of participating borrowers;
‘‘(ii) the volume of payments made for each type
of covered loan; and
‘‘(iii) the volume of payments made for covered
loans made before the date of enactment of this Act
and loans made after such date of enactment;
‘‘(B) the names of any lenders of covered loans that
have not submitted information on the covered loans to
the Administrator during the preceding month; and
‘‘(C) an update on the education and outreach activities
of the Administration carried out under paragraph (3).’’.
(b) EFFECTIVE DATE; APPLICABILITY.—The amendments made
by subsection (a) shall be effective as if included in the CARES
Act (Public Law 116–136; 134 Stat. 281).

15 USC 9011
note.

SEC. 326. MODIFICATIONS TO 7(a) LOAN PROGRAMS.

Effective date.
15 USC 636 note.

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(a) 7(a) LOAN GUARANTEES.—
(1) IN GENERAL.—Section 7(a)(2)(A) of the Small Business
Act (15 U.S.C. 636(a)(2)(A)) is amended by striking ‘‘), such
participation by the Administration shall be equal to’’ and
all that follows through the period at the end and inserting
‘‘or the Community Advantage Pilot Program of the Administration), such participation by the Administration shall be equal
to 90 percent of the balance of the financing outstanding at
the time of disbursement of the loan.’’.
(2) PROSPECTIVE REPEAL.—Effective October 1, 2021, section 7(a)(2)(A) of the Small Business Act (15 U.S.C.
636(a)(2)(A)), as amended by paragraph (1), is amended to
read as follows:
‘‘(A) IN GENERAL.—Except as provided in subparagraphs (B), (D), (E), and (F), in an agreement to participate
in a loan on a deferred basis under this subsection
(including a loan made under the Preferred Lenders Program), such participation by the Administration shall be
equal to—
‘‘(i) 75 percent of the balance of the financing outstanding at the time of disbursement of the loan, if
such balance exceeds $150,000; or
‘‘(ii) 85 percent of the balance of the financing
outstanding at the time of disbursement of the loan,
if such balance is less than or equal to $150,000.’’.
(b) EXPRESS LOANS.—
(1) LOAN AMOUNT.—Section 1102(c)(2) of the CARES Act
(Public Law 116–136; 15 U.S.C. 636 note) is amended to read
as follows:
‘‘(2) PROSPECTIVE REPEAL.—Effective on October 1, 2021,
section 7(a)(31)(D) of the Small Business Act (15 U.S.C.
636(a)(31)(D)) is amended by striking ‘ $1,000,000’ and inserting
‘ $500,000’.’’.
(2) GUARANTEE RATES.—
(A) TEMPORARY MODIFICATION.—Section 7(a)(31)(A)(iv)
of the Small Business Act (15 U.S.C. 636(a)(31)(A)(iv)) is

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amended by striking ‘‘with a guaranty rate of not more
than 50 percent.’’ and inserting the following: ‘‘with a guarantee rate—
‘‘(I) for a loan in an amount less than or equal
to $350,000, of not more than 75 percent; and
‘‘(II) for a loan in an amount greater than
$350,000, of not more than 50 percent.’’.
(B) PROSPECTIVE REPEAL.—Effective October 1, 2021,
section 7(a)(31)(A)(iv) of the Small Business Act (15 U.S.C.
636(a)(31)(iv)), as amended by subparagraph (A), is
amended by striking ‘‘guarantee rate’’ and all that follows
through the period at the end and inserting ‘‘guarantee
rate of not more than 50 percent.’’.

Effective date.
15 USC 636 note.

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SEC. 327. TEMPORARY FEE REDUCTIONS.

(a) ADMINISTRATIVE FEE WAIVER.—
(1) IN GENERAL.—During the period beginning on the date
of enactment of this Act and ending on September 30, 2021,
and to the extent that the cost of such elimination or reduction
of fees is offset by appropriations, with respect to each loan
guaranteed under section 7(a) of the Small Business Act (15
U.S.C. 636(a)) (including a recipient of assistance under the
Community Advantage Pilot Program of the Administration)
for which an application is approved or pending approval on
or after the date of enactment of this Act, the Administrator
shall—
(A) in lieu of the fee otherwise applicable under section
7(a)(23)(A) of the Small Business Act (15 U.S.C.
636(a)(23)(A)), collect no fee or reduce fees to the maximum
extent possible; and
(B) in lieu of the fee otherwise applicable under section
7(a)(18)(A) of the Small Business Act (15 U.S.C.
636(a)(18)(A)), collect no fee or reduce fees to the maximum
extent possible.
(2) APPLICATION OF FEE ELIMINATIONS OR REDUCTIONS.—
To the extent that amounts are made available to the Administrator for the purpose of fee eliminations or reductions under
paragraph (1), the Administrator shall—
(A) first use any amounts provided to eliminate or
reduce fees paid by small business borrowers under clauses
(i) through (iii) of section 7(a)(18)(A) of the Small Business
Act (15 U.S.C. 636(a)(18)(A)), to the maximum extent possible; and
(B) then use any amounts provided to eliminate or
reduce fees under 7(a)(23)(A) of the Small Business Act
(15 U.S.C. 636(a)(23)(A)).
(b) TEMPORARY FEE ELIMINATION FOR THE 504 LOAN PROGRAM.—
(1) IN GENERAL.—During the period beginning on the date
of enactment of this Act and ending on September 30, 2021,
and to the extent the cost of such elimination in fees is offset
by appropriations, with respect to each project or loan guaranteed by the Administrator pursuant to title V of the Small
Business Investment Act of 1958 (15 U.S.C. 695 et seq.) for
which an application is approved or pending approval on or
after the date of enactment of this Act—

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Time period.

15 USC 697 note.
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PUBLIC LAW 116–260—DEC. 27, 2020
(A) the Administrator shall, in lieu of the fee otherwise
applicable under section 503(d)(2) of the Small Business
Investment Act of 1958 (15 U.S.C. 697(d)(2)), collect no
fee; and
(B) a development company shall, in lieu of the processing fee under section 120.971(a)(1) of title 13, Code
of Federal Regulations (relating to fees paid by borrowers),
or any successor regulation, collect no fee.
(2) REIMBURSEMENT FOR WAIVED FEES.—
(A) IN GENERAL.—To the extent that the cost of such
payments is offset by appropriations, the Administrator
shall reimburse each development company that does not
collect a processing fee pursuant to paragraph (1)(B).
(B) AMOUNT.—The payment to a development company
under clause (i) shall be in an amount equal to 1.5 percent
of the net debenture proceeds for which the development
company does not collect a processing fee pursuant to paragraph (1)(B).

SEC. 328. LOW-INTEREST REFINANCING.

(a) LOW-INTEREST REFINANCING UNDER THE LOCAL DEVELOPBUSINESS LOAN PROGRAM.—
(1) REPEAL.—Section 521(a) of title V of division E of the
Consolidated Appropriations Act, 2016 (15 U.S.C. 696 note)
is repealed.
(2) REFINANCING.—Section 502(7) of the Small Business
Investment Act of 1958 (15 U.S.C. 696(7)) is amended—
(A) in subparagraph (B), in the matter preceding clause
(i), by striking ‘‘50’’ and inserting ‘‘100’’; and
(B) by adding at the end the following:
‘‘(C) REFINANCING NOT INVOLVING EXPANSIONS.—
‘‘(i) DEFINITIONS.—In this subparagraph—
‘‘(I) the term ‘borrower’ means a small business
concern that submits an application to a development company for financing under this subparagraph;
‘‘(II) the term ‘eligible fixed asset’ means tangible property relating to which the Administrator
may provide financing under this section; and
‘‘(III) the term ‘qualified debt’ means indebtedness—
‘‘(aa) that was incurred not less than 6
months before the date of the application for
assistance under this subparagraph;
‘‘(bb) that is a commercial loan;
‘‘(cc) the proceeds of which were used to
acquire an eligible fixed asset;
‘‘(dd) that was incurred for the benefit
of the small business concern; and
‘‘(ee) that is collateralized by eligible fixed
assets.
‘‘(ii) AUTHORITY.—A project that does not involve
the expansion of a small business concern may include
the refinancing of qualified debt if—
‘‘(I) the amount of the financing is not more
than 90 percent of the value of the collateral for
the financing, except that, if the appraised value

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2039

of the eligible fixed assets serving as collateral
for the financing is less than the amount equal
to 125 percent of the amount of the financing,
the borrower may provide additional cash or other
collateral to eliminate any deficiency;
‘‘(II) the borrower has been in operation for
all of the 2-year period ending on the date the
loan application is submitted; and
‘‘(III) for a financing for which the Administrator determines there will be an additional cost
attributable to the refinancing of the qualified
debt, the borrower agrees to pay a fee in an amount
equal to the anticipated additional cost.
‘‘(iii) FINANCING FOR BUSINESS EXPENSES.—
‘‘(I) FINANCING FOR BUSINESS EXPENSES.—The
Administrator may provide financing to a borrower
that receives financing that includes a refinancing
of qualified debt under clause (ii), in addition to
the refinancing under clause (ii), to be used solely
for the payment of business expenses.
‘‘(II)
APPLICATION
FOR
FINANCING.—An
application for financing under subclause (I) shall
include—
‘‘(aa) a specific description of the expenses
for which the additional financing is
requested; and
‘‘(bb) an itemization of the amount of each
expense.
‘‘(III) CONDITION ON ADDITIONAL FINANCING.—
A borrower may not use any part of the financing
under this clause for non-business purposes.
‘‘(iv) LOANS BASED ON JOBS.—
‘‘(I) JOB CREATION AND RETENTION GOALS.—
‘‘(aa) IN GENERAL.—The Administrator
may provide financing under this subparagraph for a borrower that meets the job creation goals under subsection (d) or (e) of section 501.
‘‘(bb) ALTERNATE JOB RETENTION GOAL.—
The Administrator may provide financing
under this subparagraph to a borrower that
does not meet the goals described in item (aa)
in an amount that is not more than the
product obtained by multiplying the number
of employees of the borrower by $75,000.
‘‘(II) NUMBER OF EMPLOYEES.—For purposes
of subclause (I), the number of employees of a
borrower is equal to the sum of—
‘‘(aa) the number of full-time employees
of the borrower on the date on which the borrower applies for a loan under this subparagraph; and
‘‘(bb) the product obtained by multiplying—
‘‘(AA) the number of part-time
employees of the borrower on the date

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Effective date.
15 USC 697d
note.

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Time period.
15 USC 696 note.

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on which the borrower applies for a loan
under this subparagraph, by
‘‘(BB) the quotient obtained by
dividing the average number of hours each
part time employee of the borrower works
each week by 40.
‘‘(v) TOTAL AMOUNT OF LOANS.—The Administrator
may provide not more than a total of $7,500,000,000
of financing under this subparagraph for each fiscal
year.’’.
(b) EXPRESS LOAN AUTHORITY FOR ACCREDITED LENDERS.—
(1) IN GENERAL.—Section 507 of the Small Business Investment Act of 1958 (15 U.S.C. 697d) is amended by striking
subsection (e) and inserting the following:
‘‘(e) EXPRESS LOAN AUTHORITY.—A local development company
designated as an accredited lender in accordance with subsection
(b)—
‘‘(1) may—
‘‘(A) approve, authorize, close, and service covered loans
that are funded with proceeds of a debenture issued by
the company; and
‘‘(B) authorize the guarantee of a debenture described
in subparagraph (A); and
‘‘(2) with respect to a covered loan, shall be subject to
final approval as to eligibility of any guarantee by the Administration pursuant to section 503(a), but such final approval
shall not include review of decisions by the lender involving
creditworthiness, loan closing, or compliance with legal requirements imposed by law or regulation.
‘‘(f) DEFINITIONS.—In this section—
‘‘(1) the term ‘accredited lender certified company’ means
a certified development company that meets the requirements
under subsection (b), including a certified development company
that the Administration has designated as an accredited lender
under that subsection;
‘‘(2) the term ‘covered loan’—
‘‘(A) means a loan made under section 502 in an
amount that is not more than $500,000; and
‘‘(B) does not include a loan made to a borrower that
is in an industry that has a high rate of default, as annually
determined by the Administrator and reported in rules
of the Administration; and
‘‘(3) the term ‘qualified State or local development company’
has the meaning given the term in section 503(e).’’.
(2) PROSPECTIVE REPEAL.—Effective on September 30, 2023,
section 507 of the Small Business Investment Act of 1958
(15 U.S.C. 697d), as amended by paragraph (1), is amended
by striking subsections (e) and (f) and inserting the following:
‘‘(e) DEFINITION.—In this section, the term ‘qualified State or
local development company’ has the meaning given the term in
section 503(e).’’.
(c) REFINANCING SENIOR PROJECT DEBT.—During the 1-year
period beginning on the date of enactment of this Act, a development
company described in title V of the Small Business Investment
Act of 1958 (15 U.S.C. 695 et seq.) is authorized to allow the
refinancing of a senior loan on an existing project in an amount

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PUBLIC LAW 116–260—DEC. 27, 2020

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that, when combined with the outstanding balance on the development company loan, is not more than 90 percent of the total
loan to value. Proceeds of such refinancing can be used to support
business operating expenses.

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SEC. 329. RECOVERY ASSISTANCE UNDER THE MICROLOAN PROGRAM.

(a) LOANS TO INTERMEDIARIES.—
(1) IN GENERAL.—Section 7(m) of the Small Business Act
(15 U.S.C. 636(m)) is amended—
(A) in paragraph (3)(C)—
(i) by striking ‘‘and $6,000,000’’ and inserting ‘‘
$10,000,000 (in the aggregate)’’; and
(ii) by inserting before the period at the end the
following: ‘‘, and $4,500,000 in any of those remaining
years’’;
(B) in paragraph (4)—
(i) in subparagraph (A), by striking ‘‘subparagraph
(C)’’ each place that term appears and inserting ‘‘subparagraphs (C) and (G)’’;
(ii) in subparagraph (C), by amending clause (i)
to read as follows:
‘‘(i) IN GENERAL.—In addition to grants made under
subparagraph (A) or (G), each intermediary shall be
eligible to receive a grant equal to 5 percent of the
total outstanding balance of loans made to the intermediary under this subsection if—
‘‘(I) the intermediary provides not less than
25 percent of its loans to small business concerns
located in or owned by 1 or more residents of
an economically distressed area; or
‘‘(II) the intermediary has a portfolio of loans
made under this subsection—
‘‘(aa) that averages not more than $10,000
during the period of the intermediary’s participation in the program; or
‘‘(bb) of which not less than 25 percent
is serving rural areas during the period of
the intermediary’s participation in the program.’’; and
(iii) by adding at the end the following:
‘‘(G) GRANT AMOUNTS BASED ON APPROPRIATIONS.—In
any fiscal year in which the amount appropriated to make
grants under subparagraph (A) is sufficient to provide to
each intermediary that receives a loan under paragraph
(1)(B)(i) a grant of not less than 25 percent of the total
outstanding balance of loans made to the intermediary
under this subsection, the Administration shall make a
grant under subparagraph (A) to each intermediary of not
less than 25 percent and not more than 30 percent of
that total outstanding balance for the intermediary.’’; and
(C) in paragraph (11)—
(i) in subparagraph (C)(ii), by striking all after
the semicolon and inserting ‘‘and’’; and
(ii) by striking all after subparagraph (C) and
inserting the following:
‘‘(D) the term ‘economically distressed area’, as used
in paragraph (4), means a county or equivalent division

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134 STAT. 2042

Effective date.
15 USC 636 note.

15 USC 636 note.
Time period.

Time periods.
15 USC 636 note.

Effective date.

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of local government of a State in which the small business
concern is located, in which, according to the most recent
data available from the Bureau of the Census, Department
of Commerce, not less than 40 percent of residents have
an annual income that is at or below the poverty level.’’.
(2) PROSPECTIVE AMENDMENT.—Effective on October 1,
2021, section 7(m)(3)(C) of the Small Business Act (15 U.S.C.
636(m)(3)(C)), as amended by paragraph (1)(A), is amended—
(A) by striking ‘‘ $10,000,000’’ and by inserting ‘‘
$7,000,000’’; and
(B) by striking ‘‘ $4,500,000’’ and inserting ‘‘
$3,000,000’’.
(b) TEMPORARY WAIVER OF TECHNICAL ASSISTANCE GRANTS
MATCHING REQUIREMENTS AND FLEXIBILITY ON PRE- AND POSTLOAN ASSISTANCE.—During the period beginning on the date of
enactment of this Act and ending on September 30, 2021, the
Administration shall waive—
(1) the requirement to contribute non-Federal funds under
section 7(m)(4)(B) of the Small Business Act (15 U.S.C.
636(m)(4)(B)); and
(2) the limitation on amounts allowed to be expended to
provide information and technical assistance under clause (i)
of section 7(m)(4)(E) of the Small Business Act (15 U.S.C.
636(m)(4)(E)) and enter into third party contracts for the provision of technical assistance under clause (ii) of such section
7(m)(4)(E).
(c) TEMPORARY DURATION OF LOANS TO BORROWERS.—
(1) IN GENERAL.—During the period beginning on the date
of enactment of this Act and ending on September 30, 2021,
the duration of a loan made by an eligible intermediary under
section 7(m) of the Small Business Act (15 U.S.C. 636(m))—
(A) to an existing borrower may be extended to not
more than 8 years; and
(B) to a new borrower may be not more than 8 years.
(2) REVERSION.—On and after October 1, 2021, the duration
of a loan made by an eligible intermediary to a borrower under
section 7(m) of the Small Business Act (15 U.S.C. 636(m))
shall be 7 years or such other amount established by the
Administrator.
(d) FUNDING.—Section 20 of the Small Business Act (15 U.S.C.
631 note) is amended by adding at the end the following:
‘‘(h) MICROLOAN PROGRAM.—For each of fiscal years 2021
through 2025, the Administration is authorized to make—
‘‘(1) $80,000,000 in technical assistance grants, as provided
in section 7(m); and
‘‘(2) $110,000,000 in direct loans, as provided in section
7(m).’’.
(e) AUTHORIZATION OF APPROPRIATIONS.—In addition to
amounts provided under the Consolidated Appropriations Act, 2020
(Public Law 116–93; 133 Stat. 2317) for the program established
under section 7(m) of the Small Business Act (15 U.S.C. 636(m))
and amounts provided for fiscal year 2021 for that program, there
is authorized to be appropriated for fiscal year 2021, to remain
available until expended—
(1) $50,000,000 to provide technical assistance grants under
such section 7(m); and

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(2) $7,000,000 to provide direct loans under such section
7(m).
SEC. 330. EXTENSION OF PARTICIPATION IN 8(a) PROGRAM.

15 USC 637 note.

(a) IN GENERAL.—The Administrator shall ensure that a small
business concern participating in the program established under
section 8(a) of the Small Business Act (15 U.S.C. 637(a)) on or
before September 9, 2020, may elect to extend such participation
by a period of 1 year, regardless of whether the small business
concern previously elected to suspend participation in the program
pursuant to guidance of the Administrator.
(b) EMERGENCY RULEMAKING AUTHORITY.—Not later than 15
days after the date of enactment of this Act, the Administrator
shall issue regulations to carry out this section without regard
to the notice requirements under section 553(b) of title 5, United
States Code.

Effective date.
Time period.

SEC. 331. TARGETED EIDL ADVANCE FOR SMALL BUSINESS CONTINUITY, ADAPTATION, AND RESILIENCY.

15 USC 9009b.

(a) DEFINITIONS.—In this section:
(1) AGRICULTURAL ENTERPRISE.—The term ‘‘agricultural
enterprise’’ has the meaning given the term in section 18(b)
of the Small Business Act (15 U.S.C. 647(b)).
(2) COVERED ENTITY.—The term ‘‘covered entity’’—
(A) means an eligible entity that—
(i) applies for a loan under section 7(b)(2) of the
Small Business Act (15 U.S.C. 636(b)(2)) during the
covered period, including before the date of enactment
of this Act;
(ii) is located in a low-income community;
(iii) has suffered an economic loss of greater than
30 percent; and
(iv) employs not more than 300 employees; and
(B) except with respect to an entity included under
section 123.300(c) of title 13, Code of Federal Regulations,
or any successor regulation, does not include an agricultural enterprise.
(3) COVERED PERIOD.—The term ‘‘covered period’’ has the
meaning given the term in section 1110(a)(1) of the CARES
Act (15 U.S.C. 9009(a)(1)), as amended by section 332 of this
Act.
(4) ECONOMIC LOSS.—The term ‘‘economic loss’’ means, with
respect to a covered entity—
(A) the amount by which the gross receipts of the
covered entity declined during an 8-week period between
March 2, 2020, and December 31, 2021, relative to a comparable 8-week period immediately preceding March 2,
2020, or during 2019; or
(B) if the covered entity is a seasonal business concern,
such other amount determined appropriate by the Administrator.
(5) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means an
entity that, during the covered period, is eligible for a loan
made under section 7(b)(2) of the Small Business Act (15 U.S.C.
636(b)(2)), as described in section 1110(b) of the CARES Act
(15 U.S.C. 9009(b)).

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PUBLIC LAW 116–260—DEC. 27, 2020

(6) LOW-INCOME COMMUNITY.—The term ‘‘low-income
community’’ has the meaning given the term in section 45D(e)
of the Internal Revenue Code of 1986.
(b) ENTITLEMENT TO FULL AMOUNT.—
(1) IN GENERAL.—Subject to paragraph (2), a covered entity,
after submitting a request to the Administrator that the
Administrator verifies under subsection (c), shall receive a total
of $10,000 under section 1110(e) of the CARES Act (15 U.S.C.
9009(e)), without regard to whether—
(A) the applicable loan for which the covered entity
applies or applied under section 7(b)(2) of the Small Business Act (15 U.S.C. 636(b)(2)) is or was approved;
(B) the covered entity accepts or accepted the offer
of the Administrator with respect to an approved loan
described in subparagraph (A); or
(C) the covered entity has previously received a loan
under section 7(a)(36) of the Small Business Act (15 U.S.C.
636(a)(36)).
(2) EFFECT OF PREVIOUSLY RECEIVED AMOUNTS.—
(A) IN GENERAL.—With respect to a covered entity that
received an emergency grant under section 1110(e) of the
CARES Act (15 U.S.C. 9009(e)) before the date of enactment
of this Act, the amount of the payment that the covered
entity shall receive under this subsection (after satisfaction
of the procedures required under subparagraph (B)) shall
be the difference between $10,000 and the amount of that
previously received grant.
(B) PROCEDURES.—If the Administrator receives a
request under paragraph (1) from a covered entity described
in subparagraph (A) of this paragraph, the Administrator
shall, not later than 21 days after the date on which
the Administrator receives the request—
(i) perform the verification required under subsection (c);
(ii) if the Administrator, under subsection (c),
verifies that the entity is a covered entity, provide
to the covered entity a payment in the amount
described in subparagraph (A); and
(iii) with respect to a covered entity that the
Administrator determines is not entitled to a payment
under this section, provide the covered entity with
a notification explaining why the Administrator
reached that determination.
(C) RULE OF CONSTRUCTION.—Nothing in this paragraph may be construed to require any entity that received
an emergency grant under section 1110(e) of the CARES
Act (15 U.S.C. 9009(e)) before the date of enactment of
this Act to repay any amount of that grant.
(c) VERIFICATION.—In carrying out this section, the Administrator shall require any information, including any tax records,
from an entity submitting a request under subsection (b) that
the Administrator determines to be necessary to verify that the
entity is a covered entity, without regard to whether the entity
has previously submitted such information to the Administrator.
(d) ORDER OF PROCESSING.—The Administrator shall process
and approve requests for payments under subsection (b) in the

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order that the Administrator receives the requests, except that
the Administrator shall give—
(1) first priority to covered entities described in subsection
(b)(2)(A); and
(2) second priority to covered entities that have not received
emergency grants under section 1110(e) of the CARES Act
(15 U.S.C. 9009(e)), as of the date on which the Administrator
receives such a request, because of the unavailability of funding
to carry out such section 1110(e).
(e) APPLICABILITY.—In addition to any other restriction imposed
under this section, any eligibility restriction applicable to a loan
made under section 7(b)(2) of the Small Business Act (15 U.S.C.
636(b)(2)), including any restriction under section 123.300 or
123.301 of title 13, Code of Federal Regulations, or any successor
regulation, shall apply with respect to funding provided under this
section.
(f) NOTIFICATION REQUIRED.—The Administrator shall provide
notice to each of the following entities stating that the entity
may be eligible for a payment under this section if the entity
satisfies the requirements under clauses (ii), (iii), and (iv) of subsection (a)(2)(A):
(1) Each entity that received an emergency grant under
section 1110(e) of the CARES Act (15 U.S.C. 9009(e)) before
the date of enactment of this Act.
(2) Each entity that, before the date of enactment of this
Act—
(A) applied for a loan under section 7(b)(2) of the
Small Business Act (15 U.S.C. 636(b)(2)); and
(B) did not receive an emergency grant under section
1110(e) of the CARES Act (15 U.S.C. 9009(e)) because
of the unavailability of funding to carry out such section
1110(e).
(g) ADMINISTRATION.—In carrying out this section, the Administrator may rely on loan officers and other personnel of the Office
of Disaster Assistance of the Administration and other resources
of the Administration, including contractors of the Administration.
(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Administrator $20,000,000,000 to carry
out this section—
(1) which shall remain available through December 31,
2021; and
(2) of which $20,000,000 is authorized to be appropriated
to the Inspector General of the Administration to prevent waste,
fraud, and abuse with respect to funding provided under this
section.

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SEC. 332. EMERGENCY EIDL GRANTS.

Section 1110 of the CARES Act (15 U.S.C. 9009) is amended—
(1) in subsection (a)(1), by striking ‘‘December 31, 2020’’
and inserting ‘‘December 31, 2021’’;
(2) in subsection (d), by striking paragraphs (1) and (2)
and inserting the following:
‘‘(1) approve an applicant—
‘‘(A) based solely on the credit score of the applicant;
or
‘‘(B) by using alternative appropriate methods to determine an applicant’s ability to repay; and

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PUBLIC LAW 116–260—DEC. 27, 2020
‘‘(2) use information from the Department of the Treasury
to confirm that—
‘‘(A) an applicant is eligible to receive such a loan;
or
‘‘(B) the information contained in an application for
such a loan is accurate.’’; and
(3) in subsection (e)—
(A) in paragraph (1)—
(i) by striking ‘‘During the covered period’’ and
inserting the following:
‘‘(A) ADVANCES.—During the covered period’’;
(ii) in subparagraph (A), as so designated, by
striking ‘‘within 3 days after the Administrator receives
an application from such applicant’’; and
(iii) by adding at the end the following:
‘‘(B) TIMING.—With respect to each request submitted
to the Administrator under subparagraph (A), the Administrator shall, not later than 21 days after the date on
which the Administrator receives the request—
‘‘(i) verify whether the entity is an entity that
is eligible for a loan made under section 7(b)(2) of
the Small Business Act (15 U.S.C. 636(b)(2)) during
the covered period, as described in subsection (b);
‘‘(ii) if the Administrator, under clause (i), verifies
that the entity submitting the request is an entity
that is eligible, as described in that clause, provide
the advance requested by the entity; and
‘‘(iii) with respect to an entity that the Administrator determines is not entitled to receive an advance
under this subsection, provide the entity with a
notification explaining why the Administrator reached
that determination.’’;
(B) in paragraph (7), by striking ‘‘ $20,000,000,000’’
and inserting ‘‘ $40,000,000,000’’; and
(C) in paragraph (8), by striking ‘‘December 31, 2020’’
and inserting ‘‘December 31, 2021’’.

Deadline.

Verification.

Determination.

SEC. 333. REPEAL OF EIDL ADVANCE DEDUCTION.

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15 USC 9009
note.

15 USC 9009
note.

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(a) DEFINITIONS.—In this section—
(1) the term ‘‘covered entity’’ means an entity that receives
an advance under section 1110(e) of the CARES Act (15 U.S.C.
9009(e)), including an entity that received such an advance
before the date of enactment of this Act; and
(2) the term ‘‘covered period’’ has the meaning given the
term in section 1110(a)(1) of the CARES Act (15 U.S.C.
9009(a)(1)), as amended by section 332 of this Act.
(b) SENSE OF CONGRESS.—It is the sense of Congress that
borrowers of loans made under section 7(b)(2) of the Small Business
Act (15 U.S.C. 636(b)(2)) in response to COVID–19 during the
covered period should be made whole, without regard to whether
those borrowers are eligible for forgiveness with respect to those
loans.
(c) REPEAL.—Section 1110(e)(6) of the CARES Act (15 U.S.C.
9009(e)(6)) is repealed.
(d) EFFECTIVE DATE; APPLICABILITY.—The amendment made
by subsection (c) shall be effective as if included in the CARES
Act (Public Law 116–136; 134 Stat. 281).

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(e) RULEMAKING.—
(1) IN GENERAL.—Not later than 15 days after the date
of enactment of this Act, the Administrator shall issue rules
that ensure the equal treatment of all covered entities with
respect to the amendment made by subsection (c), which shall
include consideration of covered entities that, before the date
of enactment of this Act, completed the loan forgiveness process
described in section 1110(e)(6) of the CARES Act (15 U.S.C.
9009(e)(6)), as in effect before that date of enactment.
(2) NOTICE AND COMMENT.— The notice and comment
requirements under section 553 of title 5, United States Code,
shall not apply with respect to the rules issued under paragraph
(1).

15 USC 9009
note.
Deadline.

SEC. 334. FLEXIBILITY IN DEFERRAL OF PAYMENTS OF 7(a) LOANS.

Section 7(a)(7) of the Small Business Act (15 U.S.C. 636(a)(7))
is amended—
(1) by striking ‘‘The Administration’’ and inserting ‘‘(A)
IN GENERAL.—The Administrator’’;
(2) in subparagraph (A), as so designated, by inserting
‘‘and interest’’ after ‘‘principal’’; and
(3) by adding at the end the following:
‘‘(B) DEFERRAL REQUIREMENTS.—With respect to a
deferral provided under this paragraph, the Administrator
may allow lenders under this subsection—
‘‘(i) to provide full payment deferment relief
(including payment of principal and interest) for a
period of not more than 1 year; and
‘‘(ii) to provide an additional deferment period if
the borrower provides documentation justifying such
additional deferment.
‘‘(C) SECONDARY MARKET.—
‘‘(i) IN GENERAL.—Except as provided in clause
(ii), if an investor declines to approve a deferral or
additional deferment requested by a lender under
subparagraph (B), the Administrator shall exercise the
authority to purchase the loan so that the borrower
may receive full payment deferment relief (including
payment of principal and interest) or an additional
deferment as described in subparagraph (B).
‘‘(ii) EXCEPTION.—If, in a fiscal year, the Administrator determines that the cost of implementing clause
(i) is greater than zero, the Administrator shall not
implement that clause.’’.

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SEC.

335.

DOCUMENTATION
RECIPIENTS.

REQUIRED

FOR

CERTAIN

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Determination.

ELIGIBLE

(a) IN GENERAL.—Section 7(a)(36)(D)(ii)(II) of the Small Business Act (15 U.S.C. 636(a)(36)(D)(ii)(II)) is amended by striking
‘‘as is necessary’’ and all that follows through the period at the
end and inserting ‘‘as determined necessary by the Administrator
and the Secretary, to establish the applicant as eligible.’’.
(b) EFFECTIVE DATE; APPLICABILITY.—The amendment made
by subsection (a) shall be effective as if included in the CARES
Act (Public Law 116–136; 134 Stat. 281) and shall apply to any
loan made pursuant to section 7(a)(36) of the Small Business Act
(15 U.S.C. 636(a)(36)) before, on, or after the date of enactment
of this Act, including forgiveness of such a loan.

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15 USC 636 note.

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PUBLIC LAW 116–260—DEC. 27, 2020

SEC. 336. ELECTION OF 12-WEEK PERIOD BY SEASONAL EMPLOYERS.

15 USC 636 note.

(a) IN GENERAL.—Section 7(a)(36)(E)(i)(I)(aa)(AA) of the Small
Business Act (15 U.S.C. 636(a)(36)(E)(i)(I)(aa)(AA)) is amended by
striking ‘‘, in the case of an applicant’’ and all that follows through
‘‘June 30, 2019’’ and inserting the following: ‘‘an applicant that
is a seasonal employer shall use the average total monthly payments
for payroll for any 12-week period selected by the seasonal employer
between February 15, 2019, and February 15, 2020’’.
(b) EFFECTIVE DATE; APPLICABILITY.—
(1) IN GENERAL.—Except as provided in paragraph (2), the
amendment made by subsection (a) shall be effective as if
included in the CARES Act (Public Law 116–136; 134 Stat.
281) and shall apply to any loan made pursuant to section
7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) before,
on, or after the date of enactment of this Act, including forgiveness of such a loan.
(2) EXCLUSION OF LOANS ALREADY FORGIVEN.—The amendment made by subsection (a) shall not apply to a loan made
pursuant to section 7(a)(36) of the Small Business Act (15
U.S.C. 636(a)(36)) for which the borrower received forgiveness
before the date of enactment of this Act under section 1106
of the CARES Act, as in effect on the day before such date
of enactment.
SEC. 337. INCLUSION OF CERTAIN REFINANCING IN NONRECOURSE
REQUIREMENTS.

15 USC 636 note.

(a) IN GENERAL.—Section 7(a)(36)(F)(v) of the Small Business
Act (15 U.S.C. 636(a)(36)(F)(v)) is amended by striking ‘‘clause
(i)’’ and inserting ‘‘clause (i) or (iv)’’.
(b) EFFECTIVE DATE; APPLICABILITY.—The amendment made
by subsection (a) shall be effective as if included in the CARES
Act (Public Law 116–136; 134 Stat. 281) and shall apply to any
loan made pursuant to section 7(a)(36) of the Small Business Act
(15 U.S.C. 636(a)(36)) before, on, or after the date of enactment
of this Act, including forgiveness of such a loan.
SEC. 338. APPLICATION OF CERTAIN TERMS THROUGH LIFE OF COVERED LOAN.

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15 USC 636 note.

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(a) IN GENERAL.—Section 7(a)(36) of the Small Business Act
(15 U.S.C. 636(a)(36)) is amended—
(1) in subparagraph (H), in the matter preceding clause
(i), by striking ‘‘During the covered period, with’’ and inserting
‘‘With’’;
(2) in subparagraph (J), in the matter preceding clause
(i), by striking ‘‘During the covered period, with’’ and inserting
‘‘With’’; and
(3) in subparagraph (M)—
(A) in clause (ii), in the matter preceding subclause
(I), by striking ‘‘During the covered period, the’’ and
inserting ‘‘The’’; and
(B) in clause (iii), by striking ‘‘During the covered
period, with’’ and inserting ‘‘With’’.
(b) EFFECTIVE DATE; APPLICABILITY.—The amendments made
by subsection (a) shall be effective as if included in the CARES
Act (Public Law 116–136; 134 Stat. 281) and shall apply to any
loan made pursuant to section 7(a)(36) of the Small Business Act

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(15 U.S.C. 636(a)(36)) before, on, or after the date of enactment
of this Act, including forgiveness of such a loan.
SEC. 339. INTEREST CALCULATION ON COVERED LOANS.

(a) DEFINITIONS.—In this section, the terms ‘‘covered loan’’ and
‘‘eligible recipient’’ have the meanings given the terms in section
7(a)(36)(A) of the Small Business Act (15 U.S.C. 636(a)(36)(A)).
(b) CALCULATION.—Section 7(a)(36)(L) of the Small Business
Act (15 U.S.C. 636(a)(36)(L)) is amended by inserting ‘‘, calculated
on a non-compounding, non-adjustable basis’’ after ‘‘4 percent’’.
(c) APPLICABILITY.—The amendment made by subsection (b)
may apply with respect to a covered loan made before the date
of enactment of this Act, upon the agreement of the lender and
the eligible recipient with respect to the covered loan.

15 USC 636 note.

15 USC 636 note.

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SEC. 340. REIMBURSEMENT FOR PROCESSING.

(a) REIMBURSEMENT.—Section 7(a)(36)(P) of the Small Business
Act (15 U.S.C. 636(a)(36)(P)) is amended—
(1) by amending clause (i) to read as follows:
‘‘(i) IN GENERAL.—The Administrator shall
reimburse a lender authorized to make a covered loan
as follows:
‘‘(I) With respect to a covered loan made
during the period beginning on the date of enactment of this paragraph and ending on the day
before the date of enactment of the Economic Aid
to Hard-Hit Small Businesses, Nonprofits, and
Venues Act, the Administrator shall reimburse
such a lender at a rate, based on the balance
of the financing outstanding at the time of
disbursement of the covered loan, of—
‘‘(aa) 5 percent for loans of not more than
$350,000;
‘‘(bb) 3 percent for loans of more than
$350,000 and less than $2,000,000; and
‘‘(cc) 1 percent for loans of not less than
$2,000,000.
‘‘(II) With respect to a covered loan made on
or after the date of enactment of the Economic
Aid to Hard-Hit Small Businesses, Nonprofits, and
Venues Act, the Administrator shall reimburse
such a lender—
‘‘(aa) for a covered loan of not more than
$50,000, in an amount equal to the lesser of—
‘‘(AA) 50 percent of the balance of the
financing outstanding at the time of
disbursement of the covered loan; or
‘‘(BB) $2,500; and
‘‘(bb) at a rate, based on the balance of
the financing outstanding at the time of
disbursement of the covered loan, of—
‘‘(AA) 5 percent for a covered loan
of more than $50,000 and not more than
$350,000;
‘‘(BB) 3 percent for a covered loan
of more than $350,000 and less than
$2,000,000; and

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PUBLIC LAW 116–260—DEC. 27, 2020
‘‘(CC) 1 percent for a covered loan
of not less than $2,000,000.’’; and
(2) by amending clause (iii) to read as follows:
‘‘(iii) TIMING.—A reimbursement described in
clause (i) shall be made not later than 5 days after
the reported disbursement of the covered loan and
may not be required to be repaid by a lender unless
the lender is found guilty of an act of fraud in connection with the covered loan.’’.
(b) FEE LIMITS.—
(1) IN GENERAL.—Section 7(a)(36)(P)(ii) of the Small Business Act (15 U.S.C. 636(a)(36)(P)(ii)) is amended by adding
at the end the following: ‘‘If an eligible recipient has knowingly
retained an agent, such fees shall be paid by the eligible
recipient and may not be paid out of the proceeds of a covered
loan. A lender shall only be responsible for paying fees to
an agent for services for which the lender directly contracts
with the agent.’’.
(2) EFFECTIVE DATE; APPLICABILITY.—The amendment made
by paragraph (1) shall be effective as if included in the CARES
Act (Public Law 116–136; 134 Stat. 281) and shall apply to
any loan made pursuant to section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) before, on, or after the date
of enactment of this Act, including forgiveness of such a loan.

Deadline.

15 USC 636 note.

SEC. 341. DUPLICATION REQUIREMENTS FOR ECONOMIC INJURY DISASTER LOAN RECIPIENTS.

Section 7(a)(36)(Q) of the Small Business Act (15 U.S.C.
636(a)(36)(Q)) is amended by striking ‘‘during the period beginning
on January 31, 2020, and ending on the date on which covered
loans are made available’’.
SEC. 342. PROHIBITION OF ELIGIBILITY FOR PUBLICLY-TRADED
COMPANIES.

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Definitions.

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Section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36))
is amended—
(1) in subparagraph (A), as amended by section 318 of
this Act, by adding at the end the following:
‘‘(xvi) the terms ‘exchange’, ‘issuer’, and ‘security’
have the meanings given those terms in section 3(a)
of the Securities Exchange Act of 1934 (15 U.S.C.
78c(a)).’’; and
(2) in subparagraph (D), as amended by section 318 of
this Act by adding at the end the following:
‘‘(viii) INELIGIBILITY OF PUBLICLY-TRADED ENTITIES.—Notwithstanding any other provision of this
paragraph, on and after the date of enactment of the
Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act, an entity that is an issuer,
the securities of which are listed on an exchange registered as a national securities exchange under section
6 of the Securities Exchange Act of 1934 (15 U.S.C.
78f), shall be ineligible to receive a covered loan under
this paragraph.’’.

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134 STAT. 2051

SEC. 343. COVERED PERIOD FOR NEW PARAGRAPH (36) LOANS.

(a) IN GENERAL.—Section 7(a)(36)(A)(iii) of the Small Business
Act (15 U.S.C. 636(a)(36)(A)(iii)) is amended by striking ‘‘December
31, 2020’’ and inserting ‘‘March 31, 2021’’.
(b) EFFECTIVE DATE; APPLICABILITY.—The amendment made
by subsection (a) shall be effective as if included in the CARES
Act (Public Law 116–136; 134 Stat. 281) and shall apply to any
loan made pursuant to section 7(a)(36) of the Small Business Act
(15 U.S.C. 636(a)(36)) before, on, or after the date of enactment
of this Act, including forgiveness of such a loan.

15 USC 636 note.

SEC. 344. APPLICABLE PERIODS FOR PRORATION.

Section 7(a)(36)(A)(viii) of the Small Business Act (15 U.S.C.
636(a)(36)(A)(viii)) is amended—
(1) in subclause (I)(bb), by striking ‘‘in 1 year, as prorated
for the covered period’’ and inserting ‘‘on an annualized basis,
as prorated for the period during which the payments are
made or the obligation to make the payments is incurred’’;
and
(2) in subclause (II)—
(A) in item (aa), by striking ‘‘an annual salary of
$100,000, as prorated for the covered period’’ and inserting
‘‘ $100,000 on an annualized basis, as prorated for the
period during which the compensation is paid or the obligation to pay the compensation is incurred’’; and
(B) in item (bb), by striking ‘‘covered’’ and inserting
‘‘applicable’’.
SEC. 345. EXTENSION OF WAIVER OF MATCHING FUNDS REQUIREMENT
UNDER THE WOMEN’S BUSINESS CENTER PROGRAM.

(a) IN GENERAL.—Section 1105 of the CARES Act (15 U.S.C.
9004) is amended by striking ‘‘the 3-month period beginning on
the date of enactment of this Act’’ and inserting ‘‘the period beginning on the date of enactment of this Act and ending on June
30, 2021’’.
(b) EFFECTIVE DATE; APPLICABILITY.—The amendment made
by subsection (a) shall be effective as if included in the CARES
Act (Public Law 116–136; 134 Stat. 281).

Time period.

15 USC 9004
note.

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SEC. 346. CLARIFICATION OF USE OF CARES ACT FUNDS FOR SMALL
BUSINESS DEVELOPMENT CENTERS.

(a) IN GENERAL.—Section 1103(b)(3)(A) of the CARES Act (15
U.S.C. 9002(b)(3)(A)) is amended—
(1) by striking ‘‘The Administration’’ and inserting the following:
‘‘(i) IN GENERAL.—The Administration’’; and
(2) by adding at the end the following:
‘‘(ii) CLARIFICATION OF USE.—Awards made under
clause (i) shall be in addition to, and separate from,
any amounts appropriated to make grants under section 21(a) of the Small Business Act (15 U.S.C. 648(a))
and such an award may be used to complement and
support such a grant, except that priority with respect
to the receipt of that assistance shall be given to small
business development centers that have been affected
by issues described in paragraph (2).’’.

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(b) EFFECTIVE DATE; APPLICABILITY.—The amendments made
by subsection (a) shall be effective as if included in the CARES
Act (Public Law 116–136; 134 Stat. 281).

15 USC 9002
note.

SEC. 347. GAO REPORT.

Not later than 120 days after the date of enactment of this
Act, the Comptroller General of the United States shall submit
to the Committee on Small Business and Entrepreneurship of the
Senate and the Committee on Small Business of the House of
Representatives a report regarding the use by the Administration
of funds made available to the Administration through supplemental appropriations in fiscal year 2020, the purpose of which
was for administrative expenses.
15 USC 636 note.

SEC. 348. EFFECTIVE DATE; APPLICABILITY.

Except as otherwise provided in this Act, this Act and the
amendments made by this Act shall take effect on the date of
enactment of this Act and apply to loans and grants made on
or after the date of enactment of this Act.

TITLE IV—TRANSPORTATION

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Subtitle A—Airline Worker Support
Extension

VerDate Sep 11 2014

15 USC 9091.

SEC. 401. DEFINITIONS.

Applicability.

Unless otherwise specified, the definitions in section 40102(a)
of title 49, United States Code, shall apply to this subtitle, except
that in this subtitle—
(1) the term ‘‘catering functions’’ means preparation,
assembly, or both, of food, beverages, provisions and related
supplies for delivery, and the delivery of such items, directly
to aircraft or to a location on or near airport property for
subsequent delivery to aircraft;
(2) the term ‘‘contractor’’ means—
(A) a person that performs, under contract with a
passenger air carrier conducting operations under part 121
of title 14, Code of Federal Regulations—
(i) catering functions; or
(ii) functions on the property of an airport that
are directly related to the air transportation of persons,
property, or mail, including, but not limited to, the
loading and unloading of property on aircraft, assistance to passengers under part 382 of title 14, Code
of Federal Regulations, security, airport ticketing and
check-in functions, ground-handling of aircraft, or aircraft cleaning and sanitization functions and waste
removal; or
(B) a subcontractor that performs such functions;
(3) the term ‘‘employee’’ means an individual, other than
a corporate officer, who is employed by an air carrier or a
contractor;
(4) the term ‘‘recall’’ means the dispatch of a notice by
a passenger air carrier or a contractor, via mail, courier, or
electronic mail, to an involuntarily furloughed employee notifying the employee that—

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(A) the employee must, within a specified period of
time, elect either—
(i) to return to employment or bypass return to
employment, in accordance with an applicable collective bargaining agreement or, in the absence of a collective bargaining agreement, company policy; or
(ii) to permanently separate from employment with
the passenger air carrier or contractor; and
(B) failure to respond within such time period specified
shall be considered an election under subparagraph (A)(ii);
(5) the term ‘‘returning employee’’ means an involuntarily
furloughed employee who has elected to return to employment
pursuant to a recall notice; and
(6) the term ‘‘Secretary’’ means the Secretary of the
Treasury.
SEC. 402. PANDEMIC RELIEF FOR AVIATION WORKERS.

15 USC 9092.

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(a) FINANCIAL ASSISTANCE FOR EMPLOYEE WAGES, SALARIES,
AND BENEFITS.—Notwithstanding any other provision of law, to
preserve aviation jobs and compensate air carrier industry workers,
the Secretary shall provide financial assistance that shall exclusively be used for the continuation of payment of employee wages,
salaries, and benefits to—
(1) passenger air carriers, in an aggregate amount up to
$15,000,000,000; and
(2) contractors, in an aggregate amount up to
$1,000,000,000.
(b) ADMINISTRATIVE EXPENSES.—Notwithstanding any other
provision of law, the Secretary may use funds made available under
section 4112(b) of the CARES Act (15 U.S.C. 9072(b)) for costs
and administrative expenses associated with providing financial
assistance under this subtitle.

VerDate Sep 11 2014

SEC. 403. PROCEDURES FOR PROVIDING PAYROLL SUPPORT.

15 USC 9093.

(a) AWARDABLE AMOUNTS.—The Secretary shall provide financial assistance under this subtitle—
(1) to a passenger air carrier required to file reports pursuant to part 241 of title 14, Code of Federal Regulations, as
of March 27, 2020, in an amount equal to—
(A) the amount such air carrier was approved to receive
(without taking into account any pro rata reduction) under
section 4113 of the CARES Act (15 U.S.C. 9073); or
(B) at the request of such air carrier, or in the event
such air carrier did not receive assistance under section
4113 of the CARES Act (15 U.S.C. 9073), the amount
of the salaries and benefits reported by the air carrier
to the Department of Transportation pursuant to such part
241, for the period from October 1, 2019, through March
31, 2020;
(2) to a passenger air carrier that was not required to
transmit reports under such part 241, as of March 27, 2020,
in an amount equal to—
(A) the amount such air carrier was approved to receive
(without taking into account any pro rata reduction) under
section 4113 of the CARES Act (15 U.S.C. 9073), plus
an additional 15 percent of such amount;

Time periods.

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134 STAT. 2054

(B) at the request of such air carrier, provided such
air carrier received assistance under section 4113 of the
CARES Act (15 U.S.C. 9073), the sum of—
(i) the amount that such air carrier certifies, using
sworn financial statements or other appropriate data,
as the amount of total salaries and related fringe benefits that such air carrier incurred and would be
required to be reported to the Department of Transportation pursuant to such part 241, if such air carrier
was required to transmit such information during the
period from April 1, 2019, through September 30, 2019;
and
(ii) an additional amount equal to the difference
between the amount certified under clause (i) and the
amount the air carrier received under section 4113
of the CARES Act (15 U.S.C. 9073); or
(C) in the event such air carrier did not receive assistance under section 4113 of the CARES Act (15 U.S.C.
9073), an amount that such an air carrier certifies, using
sworn financial statements or other appropriate data, as
the amount of total salaries and related fringe benefits
that such air carrier incurred and would be required to
be reported to the Department of Transportation pursuant
to such part 241, if such air carrier was required to
transmit such information during the period from October
1, 2019, through March 31, 2020; and
(3) to a contractor in an amount equal to—
(A) the amount such contractor was approved to receive
(without taking into account any pro rata reduction) under
section 4113 of the CARES Act (15 U.S.C. 9073); or
(B) in the event such contractor did not receive assistance under section 4113 of the CARES Act (15 U.S.C.
9073), an amount that the contractor certifies, using sworn
financial statements or other appropriate data, as the
amount of wages, salaries, benefits, and other compensation
that such contractor paid the employees of such contractor
during the period from October 1, 2019, through March
31, 2020.
(b) DEADLINES AND PROCEDURES.—
(1) IN GENERAL.—
(A) FORMS; TERMS AND CONDITIONS.—Financial assistance provided to a passenger air carrier or contractor under
this subtitle shall—
(i) be, to the maximum extent practicable, in the
same form and on the same terms and conditions
(including requirements for audits and the clawback
of any financial assistance provided upon failure by
a passenger air carrier or contractor to honor the assurances specified in section 404), as agreed to by the
Secretary and the recipient for assistance received
under section 4113 of the CARES Act (15 U.S.C. 9073),
except if inconsistent with this subtitle; or
(ii) in the event such a passenger air carrier or
a contractor did not receive assistance under section
4113 of the CARES Act (15 U.S.C. 9073), be, to the
maximum extent practicable, in the same form and

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Certification.

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on the same terms and conditions (including requirements for audits and the clawback of any financial
assistance provided upon failure by a passenger air
carrier or contractor to honor the assurances specified
in section 404), as agreed to by the Secretary and
similarly situated recipients of assistance under such
section 4113.
(B) PROCEDURES.—The Secretary shall, to the maximum extent practicable, publish streamlined and expedited procedures not later than 5 days after the date of
enactment of this subtitle for passenger air carriers and
contractors to submit requests for financial assistance
under this subtitle.
(2) DEADLINE FOR IMMEDIATE PAYROLL ASSISTANCE.—Not
later than 10 days after the date of enactment of this subtitle,
the Secretary shall make initial payments to passenger air
carriers and contractors that submit requests for financial
assistance approved by the Secretary.
(3) SUBSEQUENT PAYMENTS.—The Secretary shall determine
an appropriate method for the timely distribution of payments
to passenger air carriers and contractors with approved
requests for financial assistance from any funds remaining
available after providing initial financial assistance payments
under paragraph (2).
(c) PRO RATA REDUCTIONS.—The Secretary shall have the
authority to reduce, on a pro rata basis, the amounts due to passenger air carriers and contractors under subsection (a) in order
to address any shortfall in assistance that would otherwise be
provided under such subsection.
(d) AUDITS.—The Inspector General of the Department of the
Treasury shall audit certifications made under subsection (a).

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SEC. 404. REQUIRED ASSURANCES.

(a) IN GENERAL.—To be eligible for financial assistance under
this subtitle, a passenger air carrier or a contractor shall enter
into an agreement with the Secretary, or otherwise certify in such
form and manner as the Secretary shall prescribe, that the passenger air carrier or contractor shall—
(1) refrain from conducting involuntary furloughs or
reducing pay rates and benefits until—
(A) with respect to passenger air carriers, March 31,
2021; or
(B) with respect to contractors, March 31, 2021, or
the date on which the contractor expends such financial
assistance, whichever is later;
(2) ensure that neither the passenger air carrier or contractor nor any affiliate of the passenger air carrier or contractor may, in any transaction, purchase an equity security
of the passenger air carrier or contractor or the parent company
of the passenger air carrier or contractor that is listed on
a national securities exchange through—
(A) with respect to passenger air carriers, March 31,
2022; or
(B) with respect to contractors, March 31, 2022, or
the date on which the contractor expends such financial
assistance, whichever is later;

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Determination.

Contracts.
15 USC 9094.
Certification.
Expiration dates.

PUBL260A

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Deadlines.
Time periods.

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PUBLIC LAW 116–260—DEC. 27, 2020

(3) ensure that the passenger air carrier or contractor
shall not pay dividends, or make other capital distributions,
with respect to common stock (or equivalent interest) of the
air carrier or contractor through—
(A) with respect to passenger air carriers, March 31,
2022; or
(B) with respect to contractors, March 31, 2022, or
the date on which the contractor expends such financial
assistance, whichever is later; and
(4) meet the requirements of sections 405 and 406.
(b) RECALLS OF EMPLOYEES.—An agreement or certification
under this section shall require a passenger air carrier or contractor
to perform the following actions:
(1) In the case of a passenger air carrier or contractor
that received financial assistance under title IV of the CARES
Act—
(A) recall (as defined in section 401), not later than
72 hours after executing such agreement or certification,
any employees involuntarily furloughed by such passenger
air carrier or contractor between October 1, 2020, and
the date such passenger air carrier or contractor enters
into an agreement with the Secretary with respect to financial assistance under this subtitle;
(B) compensate returning employees for lost pay and
benefits (offset by any amounts received by the employee
from a passenger air carrier or contractor as a result of
the employee’s furlough, including, but not limited to, furlough pay, severance pay, or separation pay) between—
(i) in the case of a passenger air carrier, December
1, 2020, and the date on which such passenger air
carrier enters into an agreement with the Secretary
with respect to financial assistance under this subtitle;
or
(ii) in the case of a contractor, the date of enactment of this subtitle and the date on which such contractor enters into an agreement with the Secretary
with respect to financial assistance under this subtitle;
and
(C) restore the rights and protections for such
returning employees as if such employees had not been
involuntarily furloughed.
(2) In the case of a passenger air carrier or contractor
that did not receive financial assistance under title IV of the
CARES Act to—
(A) recall (as defined in section 401), within 72 hours
after executing such agreement or certification, any
employees involuntarily furloughed by such passenger air
carrier or contractor between March 27, 2020, and the
date such passenger air carrier or contractor enters into
an agreement with the Secretary for financial assistance
under this subtitle;
(B) compensate returning employees under this paragraph for lost pay and benefits (offset by any amounts
received by the employee from a passenger air carrier
or contractor as a result of the employee’s furlough,
including, but not limited to, furlough pay, severance pay,
or separation pay) between—

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PUBLIC LAW 116–260—DEC. 27, 2020

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(i) in the case of a passenger air carrier, December
1, 2020, and the date such passenger air carrier enters
into an agreement with the Secretary for financial
assistance under this subtitle; or
(ii) in the case of a contractor, the date of enactment of this subtitle and the date on which such contractor enters into an agreement with the Secretary
with respect to financial assistance under this subtitle;
and
(C) restore the rights and protections for such
returning employees as if such employees had not been
involuntarily furloughed.
SEC. 405. PROTECTION OF COLLECTIVE BARGAINING AGREEMENTS.

15 USC 9095.

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(a) IN GENERAL.—Neither the Secretary, nor any other actor,
department, or agency of the Federal Government, shall condition
the issuance of financial assistance under this subtitle on a passenger air carrier’s or contractor’s implementation of measures to
enter into negotiations with the certified bargaining representative
of a craft or class of employees of the passenger air carrier or
contractor under the Railway Labor Act (45 U.S.C. 151 et seq.)
or the National Labor Relations Act (29 U.S.C. 151 et seq.),
regarding pay or other terms and conditions of employment.
(b) PASSENGER AIR CARRIER PERIOD OF EFFECT.—With respect
to any passenger air carrier to which financial assistance is provided
under this subtitle, this section shall be in effect with respect
to the passenger air carrier for the period beginning on the date
on which the passenger air carrier is first issued such financial
assistance and ending on March 31, 2021.
(c) CONTRACTOR PERIOD OF EFFECT.—With respect to any contractor to which financial assistance is provided under this subtitle,
this section shall be in effect with respect to the contractor beginning on the date on which the contractor is first issued such
financial assistance and ending on March 31, 2021, or until the
date on which all funds are expended, whichever is later.

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SEC. 406. LIMITATION ON CERTAIN EMPLOYEE COMPENSATION.

15 USC 9096.

(a) IN GENERAL.—The Secretary may only provide financial
assistance under this subtitle to a passenger air carrier or contractor
after such carrier or contractor enters into an agreement with
the Secretary that provides that, during the 2-year period beginning
October 1, 2020, and ending October 1, 2022—
(1) no officer or employee of the passenger air carrier
or contractor whose total compensation exceeded $425,000 in
calendar year 2019 (other than an employee whose compensation is determined through an existing collective bargaining
agreement entered into prior to the date of enactment of this
subtitle) will receive from the passenger air carrier or contractor—
(A) total compensation that exceeds, during any 12
consecutive months of such 2-year period, the total compensation received by the officer or employee from the
passenger air carrier or contractor in calendar year 2019;
or
(B) severance pay or other benefits upon termination
of employment with the passenger air carrier or contractor
which exceeds twice the maximum total compensation

Time periods.

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134 STAT. 2058

PUBLIC LAW 116–260—DEC. 27, 2020

received by the officer or employee from the passenger
air carrier or contractor in calendar year 2019; and
(2) no officer or employee of the passenger air carrier
or contractor whose total compensation exceeded $3,000,000
in calendar year 2019 may receive during any 12 consecutive
months of such period total compensation in excess of the
sum of—
(A) $3,000,000; and
(B) 50 percent of the excess over $3,000,000 of the
total compensation received by the officer or employee from
the passenger air carrier or contractor in calendar year
2019.
(b) TOTAL COMPENSATION DEFINED.—In this section, the term
‘‘total compensation’’ includes salary, bonuses, awards of stock, and
other financial benefits provided by a passenger air carrier or
contractor to an officer or employee of the passenger air carrier
or contractor.
15 USC 9097.

SEC. 407. MINIMUM AIR SERVICE GUARANTEES.

Determination.
Effective date.

(a) IN GENERAL.—The Secretary of Transportation is authorized
to require, to the extent reasonable and practicable, an air carrier
provided financial assistance under this subtitle to maintain scheduled air transportation, as the Secretary of Transportation determines necessary, to ensure services to any point served by that
air carrier before March 1, 2020.
(b) REQUIRED CONSIDERATIONS.—When considering whether to
exercise the authority provided by this section, the Secretary of
Transportation shall take into consideration the air transportation
needs of small and remote communities, the need to maintain
well-functioning health care supply chains, including medical
devices and supplies, and pharmaceutical supply chains.
(c) SUNSET.—The authority provided under this section shall
terminate on March 1, 2022, and any requirements issued by the
Secretary of Transportation under this section shall cease to apply
after that date.
(d) SENSE OF CONGRESS.—It is the sense of Congress that,
when implementing this section, the Secretary of Transportation
should take into consideration the following:
(1) A number of airports and communities have lost air
service as a result of consolidated operations by covered air
carriers, as permitted by the Department of Transportation,
including smaller airports that are located near larger airports.
(2) Airports covering common points, as determined by
the Department of Transportation, do not align with the
grouping commonly used by many air carriers, other Federal
agencies, and distribution channels used by consumers to purchase air travel.
(3) The demographic, geographic, economic, and other
characteristics of an area and affected communities when determining whether consolidated operations at a single airport effectively serve the needs of the point.
(4) Maintaining a robust air transportation system,
including maintaining air service to airports throughout the
United States, plays an important role in the effective distribution of a coronavirus vaccine.

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Determination.

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134 STAT. 2059

(5) The objections from community respondents on whether
a specific airport should or should not be included in a consolidated point, including those objections noting the importance
of the required considerations set forth in subsection (b).
SEC. 408. TAXPAYER PROTECTION.

15 USC 9098.

(a) CARES ACT ASSISTANCE RECIPIENTS.—With respect to a
recipient of financial assistance under section 4113 of the CARES
Act (15 U.S.C. 9073) that receives financial assistance under this
subtitle, the Secretary may receive warrants, options, preferred
stock, debt securities, notes, or other financial instruments issued
by such recipient that are, to the maximum extent practicable,
in the same form and amount, and under the same terms and
conditions, as agreed to by the Secretary and such recipient to
provide appropriate compensation to the Federal Government for
the provision of the financial assistance under this subtitle.
(b) OTHER APPLICANTS.—With respect to a recipient of financial
assistance under this subtitle that did not receive financial assistance under section 4113 of the CARES Act (15 U.S.C. 9073), the
Secretary may receive warrants, options, preferred stock, debt securities, notes, or other financial instruments issued by such recipient
in a form and amount that are, to the maximum extent practicable,
under the same terms and conditions as agreed to by the Secretary
and similarly situated recipients of financial assistance under such
section to provide appropriate compensation to the Federal Government for the provision of the financial assistance under this subtitle.

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SEC. 409. REPORTS.

15 USC 9099.

(a) REPORT.—Not later than May 1, 2021, the Secretary shall
submit to the Committee on Transportation and Infrastructure
and the Committee on Financial Services of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Banking, Housing, and Urban Affairs
of the Senate a report on the financial assistance provided to
passenger air carriers and contractors under this subtitle, that
includes—
(1) a description of any financial assistance provided to
passenger air carriers under this subtitle;
(2) any audits of passenger air carriers or contractors
receiving financial assistance under this subtitle;
(3) any reports filed by passenger air carriers or contractors
receiving financial assistance under this subtitle;
(4) any instances of non-compliance by passenger air carriers or contractors receiving financial assistance under this
subtitle with the requirements of this subtitle or agreements
entered into with the Secretary to receive such financial assistance; and
(5) information relating to any clawback of any financial
assistance provided to passenger air carriers or contractors
under this subtitle.
(b) INTERNET UPDATES.—The Secretary shall update the website
of the Department of the Treasury, at minimum, on a weekly
basis as necessary to reflect new or revised distributions of financial
assistance under this subtitle with respect to each passenger air
carrier or contractor that receives such assistance, the identification
of any applicant that applied for financial assistance under this
subtitle, and the date of application for such assistance.

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Audits.

PUBL260A

134 STAT. 2060
Deadline.
Time period.

Determination.

15 USC 9100.

PUBLIC LAW 116–260—DEC. 27, 2020

(c) SUPPLEMENTAL UPDATE.—Not later than the last day of
the 1-year period following the date of enactment of this subtitle,
the Secretary shall update and submit to the Committee on
Transportation and Infrastructure and the Committee on Financial
Services of the House of Representatives and the Committee on
Commerce, Science, and Transportation and the Committee on
Banking, Housing, and Urban Affairs of the Senate, the report
submitted under subsection (a).
(d) PROTECTION OF CERTAIN DATA.—The Secretary may withhold information that would otherwise be required to be made
available under this section only if the Secretary determines to
withhold the information in accordance with section 552 of title
5, United States Code.
SEC. 410. COORDINATION.

In implementing this subtitle, the Secretary shall coordinate
with the Secretary of Transportation.
SEC. 411. FUNDING.

There is appropriated, out of amounts in the Treasury not
otherwise appropriated, $16,000,000,000 to carry out this subtitle,
to remain available until expended.
15 USC 9101.

Contracts.

Deadline.
Reports.

Furloughs.
Time period.
Deadline.

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Certification.
Time period.

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SEC. 412. CARES ACT AMENDMENTS.

(a) CONTINUED APPLICATION OF REQUIRED ASSURANCES.—Section 4114 of the CARES Act (15 U.S.C. 9074) is amended by adding
at the end the following new subsections:
‘‘(c) CONTINUED APPLICATION.—
‘‘(1) IN GENERAL.—If, after the date of enactment of this
subsection, a contractor expends any funds made available
pursuant to section 4112 and distributed pursuant to section
4113, the assurances in paragraphs (1) through (3) of subsection
(a) shall continue to apply until the dates included in such
paragraphs, or the date on which the contractor fully expends
such financial assistance, whichever is later.
‘‘(2) SPECIAL RULE.—Not later than April 5, 2021, each
contractor described in section 4111(3)(A)(i) that has received
funds pursuant to such section 4112 shall report to the Secretary on the amount of such funds that the contractor has
expended through March 31, 2021. If the contractor has
expended an amount that is less than 100 percent of the total
amount of funds the contractor received under such section,
the Secretary shall initiate an action to recover any funds
that remain unexpended as of April 30, 2021.
‘‘(d) RECALL OF EMPLOYEES.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), any contractor
that has unspent financial assistance provided under this subtitle as of the date of enactment of this subsection and conducted involuntary furloughs or reduced pay rates and benefits,
between March 27, 2020, and the date on which the contractor
entered into an agreement with the Secretary related to financial assistance under this subtitle, shall recall (as defined in
section 4111) employees who were involuntarily furloughed
during such period by not later than January 4, 2021.
‘‘(2) WAIVER.—The Secretary of the Treasury shall waive
the requirement under paragraph (1) for a contractor to recall
employees if the contractor certifies that the contractor has
or will have insufficient remaining financial assistance provided

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under this subtitle to keep recalled employees employed for
more than two weeks upon returning to work.
‘‘(3) AUDITS.—The Inspector General of the Department
of the Treasury shall audit certifications made under paragraph
(2).’’.
(b) DEFINITION OF RECALL.—Section 4111 of the CARES Act
(15 U.S.C. 9071) is amended—
(1) in paragraph (4) by striking ‘‘and’’ at the end;
(2) by redesignating paragraph (5) as paragraph (6); and
(3) by inserting after paragraph (4) the following:
‘‘(5) the term ‘recall’ means the dispatch of a notice by
a contractor, via mail, courier, or electronic mail, to an involuntarily furloughed employee notifying the employee that—
‘‘(A) the employee must, within a specified period of
time that is not less than 14 days, elect either—
‘‘(i) to return to employment or bypass return to
employment in accordance with an applicable collective
bargaining agreement or, in the absence of a collective
bargaining agreement, company policy; or
‘‘(ii) to permanently separate from employment
with the contractor; and
‘‘(B) failure to respond within such time period specified
will be deemed to be an election under subparagraph (A)(ii);
and’’.
(c) DEFINITION OF BUSINESSES CRITICAL TO MAINTAINING
NATIONAL SECURITY.—Section 4002 of the CARES Act (15 U.S.C.
9041) is amended by adding at the end the following:
‘‘(11) AEROSPACE-RELATED BUSINESSES CRITICAL TO
MAINTAINING NATIONAL SECURITY.—The term ‘businesses critical to maintaining national security’ means those businesses
that manufacture or produce aerospace-related products, civil
or defense, including those that design, integrate, assemble,
supply, maintain, and repair such products, and other
businesses involved in aerospace-related manufacturing or
production as further defined by the Secretary, in consultation
with the Secretary of Defense and the Secretary of Transportation. For purposes of the preceding sentence, aerospacerelated products include, but are not limited to, components,
parts, or systems of aircraft, aircraft engines, or appliances
for inclusion in an aircraft, aircraft engine, or appliance.’’.

Subtitle B—Coronavirus Economic Relief
for Transportation Services Act
SEC. 420. SHORT TITLE.

This subtitle may be cited as the ‘‘Coronavirus Economic Relief
for Transportation Services Act’’.

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SEC. 421. ASSISTANCE FOR PROVIDERS OF TRANSPORTATION SERVICES AFFECTED BY COVID–19.

Coronavirus
Economic
Relief for
Transportation
Services Act.
15 USC 9001
note.
15 USC 9111.

(a) DEFINITIONS.—In this section:
(1) COVERED PERIOD.—The term ‘‘covered period’’, with
respect to a provider of transportation services, means the
period—
(A) beginning on the date of enactment of this Act;
and

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PUBLIC LAW 116–260—DEC. 27, 2020
(B) ending on the later of—
(i) March 31, 2021; or
(ii) the date on which all funds provided to the
provider of transportation services under subsection
(c) are expended.
(2) COVID–19.—The term ‘‘COVID–19’’ means the
Coronavirus Disease 2019.
(3) PAYROLL COSTS.—
(A) IN GENERAL.—The term ‘‘payroll costs’’ means—
(i) any payment to an employee of compensation
in the form of—
(I) salary, wage, commission, or similar compensation;
(II) payment of a cash tip or an equivalent;
(III) payment for vacation, parental, family,
medical, or sick leave;
(IV) payment required for the provision of
group health care or other group insurance benefits, including insurance premiums;
(V) payment of a retirement benefit;
(VI) payment of a State or local tax assessed
on employees with respect to compensation; or
(VII) paid administrative leave; and
(ii) any payment of compensation to, or income
of, a sole proprietor or independent contractor—
(I) that is—
(aa) a wage;
(bb) a commission;
(cc) income;
(dd) net earnings from self-employment;
or
(ee) similar compensation; and
(II) in an amount equal to not more than
$100,000 during 1 calendar year, as prorated for
the covered period.
(B) EXCLUSIONS.—The term ‘‘payroll costs’’ does not
include—
(i) any compensation of an individual employee
in excess of an annual salary of $100,000, as prorated
for the covered period;
(ii) any tax imposed or withheld under chapter
21, 22, or 24 of the Internal Revenue Code of 1986
during the covered period;
(iii) any compensation of an employee whose principal place of residence is outside the United States;
(iv) any qualified sick leave wages for which a
credit is allowed under section 7001 of the Families
First Coronavirus Response Act (26 U.S.C. 3111 note;
Public Law 116–127);
(v) any qualified family leave wages for which
a credit is allowed under section 7003 of that Act
(26 U.S.C. 3111 note; Public Law 116–127); or
(vi) any bonus, raise in excess of inflation, or other
form of additional employee compensation.
(4) PROVIDER OF TRANSPORTATION SERVICES.—The term
‘‘provider of transportation services’’ means an entity that—
(A) is established or organized—

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(i) in the United States; or
(ii) pursuant to Federal law;
(B) has significant operations, and a majority of
employees based, in the United States;
(C) was in operation on March 1, 2020; and
(D) is the operator of—
(i) a vessel of the United States (as defined in
section 116 of title 46, United States Code) that is—
(I) a passenger vessel (as defined in section
2101 of that title) carrying fewer than 2,400 passengers;
(II) a small passenger vessel (as defined in
section 2101 of that title); or
(III) a vessel providing pilotage services and
regulated by a State in accordance with chapter
85 of that title;
(ii) a company providing transportation services
using a bus characterized by an elevated passenger
deck located over a baggage compartment (commonly
known as an ‘‘over-the-road bus’’), including local and
intercity fixed-route service, commuter service, and
charter or tour service (including tour or excursion
service that includes features in addition to bus
transportation, such as meals, lodging, admission to
points of interest or special attractions, or the services
of a guide);
(iii) a company providing transportation services
using a school bus (as defined in section 571.3 of title
49, Code of Federal Regulations (or successor regulations)); or
(iv) any other passenger transportation service
company subject to regulation by the Department of
Transportation as the Secretary, in consultation with
the Secretary of Transportation, determines to be
appropriate.
(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Treasury.
(b) FUNDING.—Out of any funds in the Treasury not otherwise
appropriated, there are appropriated to provide grants to eligible
providers of transportation services under this section,
$2,000,000,000 for fiscal year 2021, to remain available until
expended.
(c) PROVISION OF ASSISTANCE.—
(1) IN GENERAL.—The Secretary, in consultation with the
Secretary of Transportation, shall use the amounts made available under subsection (b) to provide grants to eligible providers
of transportation services described in paragraph (2) that certify
to the Secretary that the providers of transportation services
have experienced a revenue loss of 25 percent or more, on
an annual basis, as a direct or indirect result of COVID–
19.
(2) DESCRIPTION OF ELIGIBLE PROVIDERS OF TRANSPORTATION SERVICES.—
(A) IN GENERAL.—An eligible provider of transportation
services referred to in paragraph (1) is—
(i) a provider of transportation services that, on
March 1, 2020—

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Determination.

Consultation.
Grants.
Certification.

Effective date.

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(I) had 500 or fewer full-time, part-time, or
temporary employees; and
(II) was not a subsidiary, parent, or affiliate
of any other entity with a combined total workforce
of more than 500 full-time, part-time, or temporary
employees; or
(ii) a provider of transportation services that—
(I) on March 1, 2020, had more than 500 fulltime, part-time, or temporary employees; and
(II) has not received assistance under paragraph (1), (2), or (3) of section 4003(b), or subtitle
B of title IV of division A, of the Coronavirus
Aid, Relief, and Economic Security Act (Public Law
116–136; 134 Stat. 281).
(B) SCOPE OF ELIGIBILITY FOR CERTAIN COMPANIES.—
(i) IN GENERAL.—A provider of transportation services that has entered into or maintains a contract
or agreement described in clause (ii) shall not be determined to be ineligible for assistance under this subsection on the basis of that contract or agreement,
subject to clause (iv).
(ii) CONTRACT OR AGREEMENT DESCRIBED.—A contract or agreement referred to in clause (i) is a contract
or agreement for transportation services that is supported by a public entity using funds received under
the Emergency Appropriations for Coronavirus Health
Response and Agency Operations (division B of Public
Law 116–136; 134 Stat. 505).
(iii) ADJUSTMENT OF ASSISTANCE.—The Secretary
may reduce the amount of assistance available under
this subsection to a provider of transportation services
described in clause (i) based on the amount of funds
provided under this section or the Emergency Appropriations for Coronavirus Health Response and Agency
Operations (division B of Public Law 116–136; 134
Stat. 505) that have supported a contract or agreement
described in clause (ii) to which the provider of
transportation services is a party.
(iv) NOTICE REQUIREMENT.—A provider of
transportation services that has entered into or maintains a contract or agreement described in clause (ii),
and that applies for assistance under this subsection,
shall submit to the Secretary a notice describing the
contract or agreement, including the amount of funds
provided for the contract or agreement under this subsection or the Emergency Appropriations for
Coronavirus Health Response and Agency Operations
(division B of Public Law 116–136; 134 Stat. 505).
(3) AMOUNT.—
(A) FACTORS FOR CONSIDERATION.—In determining the
amount of assistance to be provided to an eligible provider
of transportation services under this subsection, the Secretary shall take into consideration information provided
by the provider of transportation services, including—
(i) the amount of debt owed by the provider of
transportation services on major equipment, if any;

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(ii) other sources of Federal assistance provided
to the provider of transportation services, if any; and
(iii) such other information as the Secretary may
require.
(B) LIMITATIONS.—
(i) AWARD.—The Secretary shall ensure that the
amount of assistance provided to a provider of
transportation services under this subsection, when
combined with any other Federal assistance provided
in response to COVID–19 under the Coronavirus Aid,
Relief, and Economic Security Act (Public Law 116–
136; 134 Stat. 281), the Paycheck Protection Program
and Health Care Enhancement Act (Public Law 116–
139; 134 Stat. 620), or any other provision of law,
does not exceed the total amount of revenue earned
by the provider of transportation services during calendar year 2019.
(ii) CERTIFICATION.—A provider of transportation
services seeking assistance under this subsection shall
submit to the Secretary—
(I) documentation describing the total amount
of revenue earned by the provider of transportation
services during calendar year 2019; and
(II) a certification that the amount of assistance sought under this subsection, when combined
with any other Federal assistance described in
clause (i), does not exceed the total amount of
revenue earned by the provider of transportation
services during calendar year 2019.
(4) FORM OF ASSISTANCE.—The amounts made available
under subsection (b) shall be provided to eligible providers
of transportation services in the form of grants.
(5) EQUAL ACCESS.—The Secretary shall ensure equal
access to the assistance provided under this section to eligible
providers of transportation services that are small, minorityowned, and women-owned businesses.
(6) CONDITIONS OF RECEIPT.—As a condition of receipt of
assistance under this subsection, the Secretary shall require
that a provider of transportation services shall agree—
(A) subject to paragraph (7)—
(i) to commence using the funds, on a priority
basis and to the extent the funds are available, to
maintain through the applicable covered period,
expenditures on payroll costs for all employees as of
the date of enactment of this Act, after making any
adjustments required for—
(I) retirement; or
(II) voluntary employee separation;
(ii) not to impose, during the covered period—
(I) any involuntary furlough; or
(II) any reduction in pay rates or benefits for
nonexecutive employees; and
(iii) to recall or rehire any employees laid off, furloughed, or terminated after March 27, 2020, to the
extent warranted by increased service levels;
(B) to return to the Secretary any funds received under
this subsection that are not used by the provider of

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Requirements.

Recall date.

Deadline.

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Time period.

Requirement.

Certification.

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transportation services by the date that is 1 year after
the date of receipt of the funds; and
(C) to examine the anticipated expenditure of the funds
by the provider of transportation services for the purposes
described in subparagraph (A) not less frequently than
once every 90 days after the date of receipt of the funds.
(7) RAMP-UP PERIOD.—The requirement described in paragraph (6)(A)(iii) shall not apply to a provider of transportation
services until the later of—
(A) the date that is 30 days after the date of receipt
of the funds; and
(B) the date that is 90 days after the date of enactment
of this Act.
(8) ADDITIONAL CONDITIONS OF CERTAIN RECEIPTS.—
(A) PRIORITIZATION OF PAYROLL COSTS.—As a condition
of receipt of a grant under this subsection, the Secretary
shall require that, except as provided in subparagraph
(B), a provider of transportation services shall agree to
use an amount equal to not less than 60 percent of the
funds on payroll costs of the provider of transportation
services.
(B) EXCEPTION.—Subparagraph (A) shall not apply to
a provider of transportation services if the provider of
transportation services certifies to the Secretary that, after
making any adjustments required for retirement or voluntary employee separation—
(i) each nonseasonal employee on the payroll of
the provider of transportation services on January 1,
2020—
(I) if laid off, furloughed, or terminated by
the provider of transportation services as described
in paragraph (6)(A)(iii), is rehired, or has been
offered rehire, by the provider of transportation
services; and
(II) if rehired under clause (i) or subject to
a reduction in salary before the date of receipt
by the provider of transportation services of assistance under this subsection, receives not less than
100 percent of the previous salary of the employee;
(ii) the provider of transportation services—
(I) is staffed at a level of full-time equivalent,
seasonal employees, on a monthly basis, that is
greater than or equivalent to the level at which
the provider of transportation services was staffed
with full-time equivalent, seasonal employees on
a monthly basis during calendar year 2019;
(II) is offering priority in rehiring to seasonal
employees that were laid off, furloughed, terminated, or not offered rehire in calendar year 2020,
as the provider of transportation services achieves
staffing at the level described in subclause (I);
and
(III) offers any seasonal employee rehired
under subclause (II) or subject to a reduction in
salary before the date of receipt by the provider
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134 STAT. 2067

subsection not less than 100 percent of the previous salary of the employee; and
(iii) the provider of transportation services will
fully cover, through the applicable covered period, all
payroll costs associated with the staffing requirements
described in clauses (i) and (ii).
(9) FORMS; TERMS AND CONDITIONS.—A grant provided
under this section shall be in such form, subject to such terms
and conditions, and contain such covenants, representations,
warranties, and requirements (including requirements for
audits) as the Secretary determines to be appropriate in accordance with this section.
(d) ELIGIBLE ACTIVITIES.—
(1) IN GENERAL.—Subject to the priority described in subsection (c)(6)(A), a provider of transportation services shall use
assistance provided under subsection (c) only for—
(A) the payment of payroll costs;
(B) the acquisition of services, equipment, including
personal protective equipment, and other measures needed
to protect workers and customers from COVID–19;
(C) continued operations and maintenance during the
applicable covered period of existing capital equipment and
facilities—
(i) including rent, leases, insurance, and interest
on regularly scheduled debt service; but
(ii) not including any prepayment of, or payment
of principal on, a debt obligation, except for any principal on a debt obligation accrued by the provider
of transportation services directly to maintain the
expenditures of the provider of transportation services
on payroll costs throughout the COVID–19 pandemic;
or
(D) the compensation of returning employees for lost
pay and benefits during the COVID–19 pandemic, subject
to subsection (e).
(2) ELIGIBILITY.—The use of assistance provided under subsection (c) for the compensation of returning employees under
paragraph (1)(D) shall be counted toward the required amount
of grants to be used on payroll costs under subsection (c)(6)(A).
(e) COMPENSATION OF RETURNING EMPLOYEES.—Notwithstanding any other provision of law, any compensation provided
to a returning employee under subsection (d)(1)(D)—
(1) shall be offset by—
(A) any amounts received by the employee from the
provider of transportation services as a result of the layoff,
furlough, or termination of the employee or any failure
to hire the employee for seasonal employment during calendar year 2020, including—
(i) furlough pay;
(ii) severance pay; or
(iii) separation pay; and
(B) any amounts the employee received from unemployment insurance; and
(2) shall not—
(A) be considered an overpayment for purposes of any
State or Federal unemployment law; or

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134 STAT. 2068

(B) be subject to any overpayment recovery efforts
by a State agency (as defined in section 205 of the FederalState Extended Unemployment Compensation Act of 1970
(U.S.C. 3304 note)).
(f) ADMINISTRATIVE PROVISIONS.—
(1) IN GENERAL.—The Secretary may take such actions
as the Secretary determines to be necessary to carry out this
section, including—
(A) using direct hiring authority to hire employees
to administer this section;
(B) entering into contracts, including contracts for services authorized by this section; and
(C) issuing such regulations and other guidance as
may be necessary or appropriate to carry out the purposes
of this section.
(2) ADMINISTRATIVE EXPENSES.—Of the funds made available under this section, not more than $50,000,000 may be
used by the Secretary for administrative expenses to carry
out this section.
(3) AVAILABILITY FOR OBLIGATION.—The funds made available under this section shall remain available for obligation
until the date that is 3 years after the date of enactment
of this Act.

Determination.

Subtitle C—Motor Carrier Safety Grant
Relief Act of 2020

Motor Carrier
Safety Grant
Relief Act
of 2020.

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PUBLIC LAW 116–260—DEC. 27, 2020

49 USC 30101
note.

SEC. 440. SHORT TITLE.

49 USC 31102
note.

SEC. 441. RELIEF FOR RECIPIENTS OF FINANCIAL ASSISTANCE
AWARDS FROM THE FEDERAL MOTOR CARRIER SAFETY
ADMINISTRATION.

This subtitle may be cited as the ‘‘Motor Carrier Safety Grant
Relief Act of 2020’’.

(a) DEFINITION OF SECRETARY.—In this section, the term ‘‘Secretary’’ means the Secretary of Transportation.
(b) RELIEF FOR RECIPIENTS OF FINANCIAL ASSISTANCE AWARDED
FOR FISCAL YEARS 2019 AND 2020.—
(1) IN GENERAL.—Notwithstanding any provision of chapter
311 of title 49, United States Code (including any applicable
period of availability under section 31104(f) of that title), and
any regulations promulgated under that chapter and subject
to paragraph (2), the period of availability during which a
recipient may expend amounts made available to the recipient
under a grant or cooperative agreement described in subparagraphs (A) through (E) shall be—
(A) for a grant made under section 31102 of that title
(other than subsection (l) of that section)—
(i) the fiscal year in which the Secretary approves
the financial assistance agreement with respect to the
grant; and
(ii) the following 2 fiscal years;
(B) for a grant made or a cooperative agreement
entered into under section 31102(l)(2) of that title—

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(i) the fiscal year in which the Secretary approves
the financial assistance agreement with respect to the
grant or cooperative agreement; and
(ii) the following 3 fiscal years;
(C) for a grant made under section 31102(l)(3) of that
title—
(i) the fiscal year in which the Secretary approves
the financial assistance agreement with respect to the
grant; and
(ii) the following 5 fiscal years;
(D) for a grant made under section 31103 of that title—
(i) the fiscal year in which the Secretary approves
the financial assistance agreement with respect to the
grant; and
(ii) the following 2 fiscal years; and
(E) for a grant made or a cooperative agreement
entered into under section 31313 of that title—
(i) the year in which the Secretary approves the
financial assistance agreement with respect to the
grant or cooperative agreement; and
(ii) the following 5 fiscal years.
(2) APPLICABILITY.—
(A) AMOUNTS AWARDED FOR FISCAL YEARS 2019 AND
2020.—The periods of availability described in paragraph
(1) shall apply only—
(i) to amounts awarded for fiscal year 2019 or
2020 under a grant or cooperative agreement described
in subparagraphs (A) through (E) of that paragraph;
and
(ii) for the purpose of expanding the period of
availability during which the recipient may expend
the amounts described in clause (i).
(B) AMOUNTS AWARDED FOR OTHER YEARS.—The periods
of availability described in paragraph (1) shall not apply
to any amounts awarded under a grant or cooperative
agreement described in subparagraphs (A) through (E) of
that paragraph for any fiscal year other than fiscal year
2019 or 2020, and those amounts shall be subject to the
period of availability otherwise applicable to those amounts
under Federal law.

Subtitle D—Extension of Waiver Authority
SEC. 442. EXTENSION OF WAIVER AUTHORITY.

23 USC 401 note.

Notwithstanding any other provision of law, in fiscal year 2021,
the Secretary of Transportation may exercise the authority provided
by section 22005 of division B of the CARES Act (23 U.S.C. 401
note; Public Law 116–136).

TITLE V—BANKING

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Subtitle A—Emergency Rental Assistance
SEC. 501. EMERGENCY RENTAL ASSISTANCE.

15 USC 9058a.

(a) APPROPRIATION.—

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134 STAT. 2070

(1) IN GENERAL.—Out of any money in the Treasury of
the United States not otherwise appropriated, there are appropriated for making payments to eligible grantees under this
section, $25,000,000,000 for fiscal year 2021.
(2) RESERVATION OF FUNDS FOR THE TERRITORIES AND
TRIBAL COMMUNITIES.—Of the amount appropriated under paragraph (1), the Secretary shall reserve—
(A) $400,000,000 of such amount for making payments
under this section to the Commonwealth of Puerto Rico,
the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American
Samoa; and
(B) $800,000,000 of such amount for making payments
under this section to eligible grantees described in subparagraphs (C) and (D) of subsection (k)(2); and
(C) $15,000,000 for administrative expenses of the Secretary described in subsection (h).
(b) PAYMENTS FOR RENTAL ASSISTANCE.—
(1) ALLOCATION AND PAYMENTS TO STATES AND UNITS OF
LOCAL GOVERNMENT.—
(A) IN GENERAL.—The amount appropriated under
paragraph (1) of subsection (a) that remains after the
application of paragraph (2) of such subsection shall be
allocated and paid to eligible grantees described in subparagraph (B) in the same manner as the amount appropriated
under subsection (a)(1) of section 601 of the Social Security
Act (42 U.S.C. 801) is allocated and paid to States and
units of local government under subsections (b) and (c)
of such section, and shall be subject to the same requirements, except that—
(i) the deadline for payments under section
601(b)(1) of such Act shall, for purposes of payments
under this section, be deemed to be not later than
30 days after the date of enactment of this section;
(ii) the amount referred to in paragraph (3) of
section 601(c) of such Act shall be deemed to be the
amount appropriated under paragraph (1) of subsection
(a) of this Act that remains after the application of
paragraph (2) of such subsection;
(iii) section 601(c) of the Social Security Act shall
be applied—
(I) by substituting ‘‘1 of the 50 States or the
District of Columbia’’ for ‘‘1 of the 50 States’’ each
place it appears;
(II) in paragraph (2)(A), by substituting ‘‘
$200,000,000’’ for ‘‘ $1,250,000,000’’;
(III) in paragraph (2)(B), by substituting ‘‘each
of the 50 States and District of Columbia’’ for
‘‘each of the 50 States’’;
(IV) in paragraph (4), by substituting
‘‘excluding the Commonwealth of Puerto Rico, the
United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and
American Samoa’’ for ‘‘excluding the District of
Columbia and territories specified in subsection
(a)(2)(A)’’; and
(V) without regard to paragraph (6);

Deadline.

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Applicability.

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134 STAT. 2071

(iv) section 601(d) of such Act shall not apply to
such payments; and
(v) section 601(e) shall be applied —
(I) by substituting ‘‘under section 501 of subtitle A of title V of division N of the Consolidated
Appropriations Act, 2021’’ for ‘‘under this section’’;
and
(II) by substituting ‘‘local government elects
to receive funds from the Secretary under section
501 of subtitle A of title V of division N of the
Consolidated Appropriations Act, 2021 and will
use the funds in a manner consistent with such
section’’ for ‘‘local government’s proposed uses of
the funds are consistent with subsection (d)’’.
(B) ELIGIBLE GRANTEES DESCRIBED.—The eligible
grantees described in this subparagraph are the following:
(i) A State that is 1 of the 50 States or the District
of Columbia.
(ii) A unit of local government located in a State
described in clause (i).
(2) ALLOCATION AND PAYMENTS TO TRIBAL COMMUNITIES.—
(A) IN GENERAL.—From the amount reserved under
subsection (a)(2)(B), the Secretary shall—
(i) pay the amount equal to 0.3 percent of such
amount to the Department of Hawaiian Home Lands;
and
(ii) subject to subparagraph (B), from the
remainder of such amount, allocate and pay to each
Indian tribe (or, if applicable, the tribally designated
housing entity of an Indian tribe) that was eligible
for a grant under title I of the Native American
Housing Assistance and Self-Determination Act of 1996
(NAHASDA) (25 U.S.C. 4111 et seq.) for fiscal year
2020 an amount that bears the same proportion to
the such remainder as the amount each such Indian
tribe (or entity) was eligible to receive for such fiscal
year from the amount appropriated under paragraph
(1) under the heading ‘‘NATIVE AMERICAN PROGRAMS’’
under the heading ‘‘PUBLIC AND INDIAN HOUSING’’ of
title II of division H of the Further Consolidated Appropriations Act, 2020 (Public Law 116–94) to carry out
the Native American Housing Block Grants program
bears to the amount appropriated under such paragraph for such fiscal year, provided the Secretary shall
be authorized to allocate, in an equitable manner as
determined by the Secretary, and pay any Indian tribe
that opted out of receiving a grant allocation under
the Native American Housing Block Grants program
formula in fiscal year 2020, including by establishing
a minimum amount of payments to such Indian tribe,
provided such Indian tribe notifies the Secretary not
later than 30 days after the date of enactment of
this Act that it intends to receive allocations and payments under this section.
(B) PRO RATA ADJUSTMENT; DISTRIBUTION OF DECLINED
FUNDS.—

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Determination.
Deadline.

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Determination.
Deadlines.

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(i) PRO RATA ADJUSTMENTS.—The Secretary shall
make pro rata reductions in the amounts of the allocations determined under clause (ii) of subparagraph (A)
for entities described in such clause as necessary to
ensure that the total amount of payments made pursuant to such clause does not exceed the remainder
amount described in such clause.
(ii) DISTRIBUTION OF DECLINED FUNDS.—If the Secretary determines as of 30 days after the date of enactment of this Act that an entity described in clause
(ii) of subparagraph (A) has declined to receive its
full allocation under such clause then, not later than
15 days after such date, the Secretary shall redistribute, on a pro rata basis, such allocation among
the other entities described in such clause that have
not declined to receive their allocations.
(3) ALLOCATIONS AND PAYMENTS TO TERRITORIES.—
(A) IN GENERAL.—From the amount reserved under
subsection (a)(2)(A), subject to subparagraph (B), the Secretary shall allocate and pay to each eligible grantee
described in subparagraph (C) an amount equal to the
product of—
(i) the amount so reserved; and
(ii) each such eligible grantee’s share of the combined total population of all such eligible grantees,
as determined by the Secretary.
(B) ALLOCATION ADJUSTMENT.—
(i) REQUIREMENT.—The sum of the amounts allocated under subparagraph (A) to all of the eligible
grantees described in clause (ii) of subparagraph (C)
shall not be less than the amount equal to 0.3 percent
of the amount appropriated under subsection (a)(1).
(ii) REDUCTION.—The Secretary shall reduce the
amount of the allocation determined under subparagraph (A) for the eligible grantee described in clause
(i) of subparagraph (C) as necessary to meet the
requirement of clause (i).
(C) ELIGIBLE GRANTEES DESCRIBED.—The eligible
grantees described in this subparagraph are—
(i) the Commonwealth of Puerto Rico; and
(ii) the United States Virgin Islands, Guam, the
Commonwealth of the Northern Mariana Islands, and
American Samoa.
(c) USE OF FUNDS.—
(1) IN GENERAL.—An eligible grantee shall only use the
funds provided from a payment made under this section to
provide financial assistance and housing stability services to
eligible households.
(2) FINANCIAL ASSISTANCE.—
(A) IN GENERAL.—Not less than 90 percent of the funds
received by an eligible grantee from a payment made under
this section shall be used to provide financial assistance
to eligible households, including the payment of
(i) rent;
(ii) rental arrears;
(iii) utilities and home energy costs;
(iv) utilities and home energy costs arrears; and

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(v) other expenses related to housing incurred due,
directly or indirectly, to the novel coronavirus disease
(COVID-19) outbreak, as defined by the Secretary.
Such assistance shall be provided for a period not to exceed
12 months except that grantees may provide assistance
for an additional 3 months only if necessary to ensure
housing stability for a household subject to the availability
of funds.
(B) LIMITATION ON ASSISTANCE FOR PROSPECTIVE RENT
PAYMENTS.—
(i) IN GENERAL.—Subject to the exception in clause
(ii), an eligible grantee shall not provide an eligible
household with financial assistance for prospective rent
payments for more than 3 months based on any
application by or on behalf of the household.
(ii) EXCEPTION.—For any eligible household
described in clause (i), such household may receive
financial assistance for prospective rent payments for
additional months:
(I) subject to the availability of remaining
funds currently allocated to the eligible grantee,
and
(II) based on a subsequent application for additional financial assistance provided that the total
months of financial assistance provided to the
household do not exceed the total months of assistance allowed under subparagraph (A).
(iii) FURTHER LIMITATION.—To the extent that
applicants have rental arrears, grantees may not make
commitments for prospective rent payments unless
they have also provided assistance to reduce an eligible
household’s rental arrears.
(C) DISTRIBUTION OF FINANCIAL ASSISTANCE.—
(i) PAYMENTS.—
(I) IN GENERAL.—With respect to financial
assistance for rent and rental arrears and utilities
and home energy costs and utility and home energy
costs arrears provided to an eligible household
from a payment made under this section, an
eligible grantee shall make payments to a lessor
or utility provider on behalf of the eligible household, except that, if the lessor or utility provider
does not agree to accept such payment from the
grantee after outreach to the lessor or utility provider by the grantee, the grantee may make such
payments directly to the eligible household for the
purpose of making payments to the lessor or utility
provider.
(II) RULE OF CONSTRUCTION.—Nothing in this
section shall be construed to invalidate any otherwise legitimate grounds for eviction.
(ii) DOCUMENTATION.—For any payments made by
an eligible grantee to a lessor or utility provider on
behalf of an eligible household, the eligible grantee
shall provide documentation of such payments to such
household.

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(3) HOUSING STABILITY SERVICES.—Not more than 10 percent of funds received by an eligible grantee from a payment
made under this section may be used to provide eligible households with case management and other services related to
the novel coronavirus disease (COVID-19) outbreak, as defined
by the Secretary, intended to help keep households stably
housed.
(4) PRIORITIZATION OF ASSISTANCE.—
(A) In reviewing applications for financial assistance
and housing stability services to eligible households from
a payment made under this section, an eligible grantee
shall prioritize consideration of the applications of an
eligible household that satisfies any of the following conditions:
(i) The income of the household does not exceed
50 percent of the area median income for the household.
(ii) 1 or more individuals within the household
are unemployed as of the date of the application for
assistance and have not been employed for the 90day period preceding such date.
(B) Nothing in this section shall be construed to prohibit an eligible grantee from providing a process for the
further prioritizing of applications for financial assistance
and housing stability services from a payment made under
this section, including to eligible households in which 1
or more individuals within the household were unable to
reach their place of employment or their place of employment was closed because of a public health order imposed
as a direct result of the COVID-19 public health emergency.
(5) ADMINISTRATIVE COSTS.—
(A) IN GENERAL.—Not more than 10 percent of the
amount paid to an eligible grantee under this section may
be used for administrative costs attributable to providing
financial assistance and housing stability services under
paragraphs (2) and (3), respectively, including for data
collection and reporting requirements related to such funds.
(B) NO OTHER ADMINISTRATIVE COSTS.—Amounts paid
under this section shall not be used for any administrative
costs other than to the extent allowed under subparagraph
(A).
(d) REALLOCATION OF UNUSED FUNDS.—Beginning on September 30, 2021, the Secretary shall recapture excess funds, as
determined by the Secretary, not obligated by a grantee for the
purposes described under subsection (c) and the Secretary shall
reallocate and repay such amounts to eligible grantees who, at
the time of such reallocation, have obligated at least 65 percent
of the amount originally allocated and paid to such grantee under
subsection (b)(1), only for the allowable uses described under subsection (c). The amount of any such reallocation shall be determined
based on demonstrated need within a grantee’s jurisdiction, as
determined by the Secretary.
(e) AVAILABILITY.—
(1) IN GENERAL.—Funds provided to an eligible grantee
under a payment made under this section shall remain available through December 31, 2021.

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(2) EXTENSION FOR FUNDS PROVIDED PURSUANT TO A REALLOCATION OF UNUSED FUNDS.—For funds reallocated to an
eligible grantee pursuant to subsection (d), an eligible grantee
may request, subject to the approval of the Secretary, a 90day extension of the deadline established in paragraph (1).
(f) APPLICATION FOR ASSISTANCE BY LANDLORDS AND OWNERS.—
(1) IN GENERAL.—Subject to paragraph (2), nothing in this
section shall preclude a landlord or owner of a residential
dwelling from—
(A) assisting a renter of such dwelling in applying
for assistance from a payment made under this section;
or
(B) applying for such assistance on behalf of a renter
of such dwelling.
(2) REQUIREMENTS FOR APPLICATIONS SUBMITTED ON
BEHALF OF TENANTS.—If a landlord or owner of a residential
dwelling submits an application for assistance from a payment
made under this section on behalf of a renter of such dwelling—
(A) the landlord must obtain the signature of the tenant on such application, which may be documented electronically;
(B) documentation of such application shall be provided
to the tenant by the landlord; and
(C) any payments received by the landlord from a
payment made under this section shall be used to satisfy
the tenant’s rental obligations to the owner.
(g) REPORTING REQUIREMENTS.—
(1) IN GENERAL.—The Secretary, in consultation with the
Secretary of Housing and Urban Development, shall provide
public reports not less frequently than quarterly regarding
the use of funds made available under this section, which
shall include, with respect to each eligible grantee under this
section, both for the past quarter and over the period for
which such funds are available—
(A) the number of eligible households that receive
assistance from such payments;
(B) the acceptance rate of applicants for assistance;
(C) the type or types of assistance provided to each
eligible household;
(D) the average amount of funding provided per eligible
household receiving assistance;
(E) household income level, with such information
disaggregated for households with income that—
(i) does not exceed 30 percent of the area median
income for the household;
(ii) exceeds 30 percent but does not exceed 50
percent of the area median income for the household;
and
(iii) exceeds 50 percent but does not exceed 80
percent of area median income for the household; and
(F) the average number of monthly rental or utility
payments that were covered by the funding amount that
a household received, as applicable.
(2) DISAGGREGATION.—Each report under this subsection
shall disaggregate the information relating to households provided under subparagraphs (A) through (F) of paragraph (1)

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by the gender, race, and ethnicity of the primary applicant
for assistance in such households.
(3) ALTERNATIVE REPORTING REQUIREMENTS FOR CERTAIN
GRANTEES.—The Secretary may establish alternative reporting
requirements for grantees described in subsection (b)(2).
(4) PRIVACY REQUIREMENTS.—
(A) IN GENERAL.—Each eligible grantee that receives
a payment under this section shall establish data privacy
and security requirements for the information described
in paragraph (1) that—
(i) include appropriate measures to ensure that
the privacy of the individuals and households is protected;
(ii) provide that the information, including any
personally identifiable information, is collected and
used only for the purpose of submitting reports under
paragraph (1); and
(iii) provide confidentiality protections for data collected about any individuals who are survivors of
intimate partner violence, sexual assault, or stalking.
(B) STATISTICAL RESEARCH.—
(i) IN GENERAL.—The Secretary—
(I) may provide full and unredacted information provided under subparagraphs (A) through
(F) of paragraph (1), including personally identifiable information, for statistical research purposes
in accordance with existing law; and
(II) may collect and make available for statistical research, at the census tract level, information collected under subparagraph (A).
(ii) APPLICATION OF PRIVACY REQUIREMENTS.—A
recipient of information under clause (i) shall establish
for such information the data privacy and security
requirements described in subparagraph (A).
(5) NONAPPLICATION OF THE PAPERWORK REDUCTION ACT.—
Subchapter I of chapter 35 of title 44, United States Code,
shall not apply to the collection of information for the reporting
or research requirements specified in this subsection.
(h) ADMINISTRATIVE EXPENSES OF THE SECRETARY.—Of the
funds appropriated pursuant to subsection (a), not more than
$15,000,000 may be used for administrative expenses of the Secretary in administering this section, including technical assistance
to grantees in order to facilitate effective use of funds provided
under this section.
(i) Inspector General Oversight; Recoupment
(1) OVERSIGHT AUTHORITY.—The Inspector General of the
Department of the Treasury shall conduct monitoring and oversight of the receipt, disbursement, and use of funds made
available under this section.
(2) RECOUPMENT.—If the Inspector General of the Department of the Treasury determines that a State, Tribal government, or unit of local government has failed to comply with
subsection (c), the amount equal to the amount of funds used
in violation of such subsection shall be booked as a debt of
such entity owed to the Federal Government. Amounts recovered under this subsection shall be deposited into the general
fund of the Treasury.

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134 STAT. 2077

(3) APPROPRIATION.—Out of any money in the Treasury
of the United States not otherwise appropriated, there are
appropriated to the Office of the Inspector General of the
Department of the Treasury, $6,500,000 to carry out oversight
and recoupment activities under this subsection. Amounts
appropriated under the preceding sentence shall remain available until expended.
(4) AUTHORITY OF INSPECTOR GENERAL.—Nothing in this
subsection shall be construed to diminish the authority of any
Inspector General, including such authority as provided in the
Inspector General Act of 1978 (5 U.S.C. App.)
(j) TREATMENT OF ASSISTANCE.—Assistance provided to a household from a payment made under this section shall not be regarded
as income and shall not be regarded as a resource for purposes
of determining the eligibility of the household or any member
of the household for benefits or assistance, or the amount or extent
of benefits or assistance, under any Federal program or under
any State or local program financed in whole or in part with
Federal funds.
(k) DEFINITIONS.—In this section:
(1) AREA MEDIAN INCOME.—The term ‘‘area median income’’
means, with respect to a household, the median income for
the area in which the household is located, as determined
by the Secretary of Housing and Urban Development.
(2) ELIGIBLE GRANTEE.—The term ‘‘eligible grantee’’ means
any of the following:
(A) A State (as defined in section 601(g)(4) of the
Social Security Act (42 U.S.C. 801(g)(4)).
(B) A unit of local government (as defined in paragraph
(5)).
(C) An Indian tribe or its tribally designated housing
entity (as such terms are defined in section 4 of the Native
American Housing Assistance and Self-Determination Act
of 1996 (25 U.S.C. 4103)) that was eligible to receive a
grant under title I of such Act (25 U.S.C. 4111 et seq.)
for fiscal year 2020 from the amount appropriated under
paragraph (1) under the heading ‘‘NATIVE AMERICAN PROGRAMS’’ under the heading ‘‘PUBLIC AND INDIAN HOUSING’’
of title II of division H of the Further Consolidated Appropriations Act, 2020 (Public Law 116–94) to carry out the
Native American Housing Block Grants program. For the
avoidance of doubt, the term Indian tribe shall include
Alaska native corporations established pursuant to the
Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
seq.).
(D) The Department of Hawaiian Homelands.
(3) ELIGIBLE HOUSEHOLD.—
(A) IN GENERAL.—The term ‘‘eligible household’’ means
a household of 1 or more individuals who are obligated
to pay rent on a residential dwelling and with respect
to which the eligible grantee involved determines—
(i) that 1 or more individuals within the household
has
(I) qualified for unemployment benefits or
(II) experienced a reduction in household
income, incurred significant costs, or experienced
other financial hardship due, directly or indirectly,

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134 STAT. 2078

to the novel coronavirus disease (COVID–19) outbreak, which the applicant shall attest in writing;
(ii) that 1 or more individuals within the household
can demonstrate a risk of experiencing homelessness
or housing instability, which may include—
(I) a past due utility or rent notice or eviction
notice;
(II) unsafe or unhealthy living conditions; or
(III) any other evidence of such risk, as determined by the eligible grantee involved; and
(iii) the household has a household income that
is not more than 80 percent of the area median income
for the household.
(B) EXCEPTION.—To the extent feasible, an eligible
grantee shall ensure that any rental assistance provided
to an eligible household pursuant to funds made available
under this section is not duplicative of any other Federally
funded rental assistance provided to such household.
(C) INCOME DETERMINATION.—
(i) In determining the income of a household for
purposes of determining such household’s eligibility
for assistance from a payment made under this section
(including for purposes of subsection (c)(4)), the eligible
grantee involved shall consider either
(I) the household’s total income for calendar
year 2020, or
(II) subject to clause (ii), sufficient confirmation, as determined by the Secretary, of the household’s monthly income at the time of application
for such assistance.
(ii) In the case of income determined under subclause (II), the eligible grantee shall be required to
re-determine the eligibility of a household’s income
after each such period of 3 months for which the household receives assistance from a payment made under
this section.
(4) INSPECTOR GENERAL.—The term ‘‘Inspector General’’
means the Inspector General of the Department of the
Treasury.
(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Treasury.
(6) UNIT OF LOCAL GOVERNMENT.—The term ‘‘unit of local
government’’ has the meaning given such term in paragraph
(2) of section 601(g) of the Social Security Act (42 U.S.C. 801(g)),
except that, in applying such term for purposes of this section,
such paragraph shall be applied by substituting ‘‘200,000’’ for
‘‘500,000’’.
(l) TERMINATION OF PROGRAM.—The authority of an eligible
grantee to make new obligations to provide payments under subsection (c) shall terminate on the date established in subsection
(e) for that eligible grantee. Amounts not expended in accordance
with this section shall revert to the Department of the Treasury.

Applicability.

42 USC 264 note.
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PUBLIC LAW 116–260—DEC. 27, 2020

SEC. 502. EXTENSION OF EVICTION MORATORIUM.

The order issued by the Centers for Disease Control and Prevention under section 361 of the Public Health Service Act (42 U.S.C.
264), entitled ‘‘Temporary Halt in Residential Evictions To Prevent

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the Further Spread of COVID–19’’ (85 Fed. Reg. 55292 (September
4, 2020) is extended through January 31, 2021, notwithstanding
the effective dates specified in such Order.

Subtitle B—Community Development
Investment
SEC. 520. PURPOSE.

The purpose of this subtitle is to establish emergency programs
to revitalize and provide long-term financial products and service
availability for, and provide investments in, low- and moderateincome and minority communities that have disproportionately suffered from the impacts of the COVID–19 pandemic.
SEC. 521. CONSIDERATIONS; REQUIREMENTS FOR CREDITORS.

(a) IN GENERAL.—In exercising the authorities under this subtitle and the amendments made by this subtitle, the Secretary
of the Treasury shall take into consideration increasing the availability of affordable credit for consumers, small businesses, and
nonprofit organizations, including for projects supporting affordable
housing, community-serving real estate, and other projects, that
provide direct benefits to low- and moderate-income communities,
low-income and underserved individuals, and minorities, that have
disproportionately suffered from the health and economic impacts
of the COVID–19 pandemic.
(b) REQUIREMENT FOR CREDITORS.—Any creditor participating
in a program established under this subtitle or the amendments
made by this subtitle shall fully comply with all applicable statutory
and regulatory requirements relating to fair lending.

12 USC 4703a
note.

12 USC 4703a
note.

Compliance.

SEC. 522. CAPITAL INVESTMENTS FOR NEIGHBORHOODS DISPROPORTIONATELY IMPACTED BY THE COVID–19 PANDEMIC.

(a) IN GENERAL.—The Community Development Banking and
Financial Institutions Act of 1994 (12 U.S.C. 4701 et seq.) is
amended by inserting after section 104 (12 U.S.C. 4703) the following:

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‘‘SEC.

104A.

CAPITAL INVESTMENTS FOR NEIGHBORHOODS DISPROPORTIONATELY IMPACTED BY THE COVID–19 PANDEMIC.

12 USC 4703a.

‘‘(a) DEFINITIONS.—In this section—
‘‘(1) the term ‘bank holding company’ has the meaning
given the term in section 2 of the Bank Holding Company
Act of 1956 (12 U.S.C. 1841);
‘‘(2) the term ‘eligible institution’ means any low- and moderate-income community financial institution that is eligible
to participate in the Program;
‘‘(3) the term ‘Emergency Capital Investment Fund’ means
the Emergency Capital Investment Fund established under
subsection (b);
‘‘(4) the term ‘low- and moderate-income community financial institution’ means any financial institution that is—
‘‘(A)(i) a community development financial institution;
or
‘‘(ii) a minority depository institution; and

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‘‘(B)(i) an insured depository institution that is not
controlled by a bank holding company or savings and loan
holding company that is also an eligible institution;
‘‘(ii) a bank holding company;
‘‘(iii) a savings and loan holding company; or
‘‘(iv) a federally insured credit union;
‘‘(5) the term ‘minority’ means any Black American, Native
American, Hispanic American, Asian American, Native
Alaskan, Native Hawaiian, or Pacific Islander;
‘‘(6) the term ‘minority depository institution’ means an
entity that is—
‘‘(A) a minority depository institution, as defined in
section 308 of the Financial Institutions Reform, Recovery,
and Enforcement Act of 1989 (12 U.S.C. 1463 note); or
‘‘(B) considered to be a minority depository institution
by—
‘‘(i) the appropriate Federal banking agency; or
‘‘(ii) the National Credit Union Administration, in
the case of an insured credit union; or
‘‘(C) listed in the Federal Deposit Insurance Corporation’s Minority Depository Institutions List published for
the Third Quarter 2020.
‘‘(7) the term ‘Program’ means the Emergency Capital
Investment Program established under subsection (b);
‘‘(8) the term ‘savings and loan holding company’ has the
meaning given the term under section 10(a) of the Home
Owners’ Loan Act (12 U.S.C. 1467a(a)); and
‘‘(9) the ‘Secretary’ means the Secretary of the Treasury.
‘‘(b) ESTABLISHMENT.—
‘‘(1) FUND ESTABLISHED.—There is established in the
Treasury of the United States a fund to be known as the
‘Emergency Capital Investment Fund’, which shall be administered by the Secretary.
‘‘(2) PROGRAM AUTHORIZED.—The Secretary is authorized
to establish an emergency program known as the ‘Emergency
Capital Investment Program’ to support the efforts of lowand moderate-income community financial institutions to,
among other things, provide loans, grants, and forbearance
for small businesses, minority-owned businesses, and consumers, especially in low-income and underserved communities,
including persistent poverty counties, that may be disproportionately impacted by the economic effects of the COVID–19
pandemic, by providing direct and indirect capital investments
in low- and moderate-income community financial institutions
consistent with this section.
‘‘(c) PURCHASES.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), the Emergency
Capital Investment Fund shall be available to the Secretary,
without further appropriation or fiscal year limitation, for the
costs of purchases (including commitments to purchase), and
modifications of such purchases, of preferred stock and other
financial instruments from eligible institutions on such terms
and conditions as are determined by the Secretary in accordance
with this section.
‘‘(2) PURCHASE LIMIT.—The aggregate amount of purchases
pursuant to paragraph (1) may not exceed $9,000,000,000.
‘‘(d) APPLICATION.—

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134 STAT. 2081

‘‘(1) ACCEPTANCE.—The Secretary shall begin accepting
applications for capital investments under the Program not
later than the end of the 30-day period beginning on the date
of enactment of this section.
‘‘(2) CONSULTATION WITH REGULATORS.—For each eligible
institution that applies to receive a capital investment under
the Program, the Secretary shall consult with the appropriate
Federal banking agency or the National Credit Union Administration, as applicable, to determine whether the eligible institution may receive such capital investment.
‘‘(3) ELIGIBILITY.—
‘‘(A) IN GENERAL.—Only low- and moderate-income
community financial institutions shall be eligible to participate in the Program.
‘‘(B) ADDITIONAL CRITERIA.—The Secretary may establish additional criteria for participation by an institution
in the Program, as the Secretary may determine appropriate in furtherance of the goals of the Program.
‘‘(4) REQUIREMENT TO PROVIDE AN EMERGENCY INVESTMENT
LENDING PLAN FOR COMMUNITIES THAT MAY BE DISPROPORTIONATELY IMPACTED BY THE ECONOMIC EFFECTS OF THE COVID–
19 PANDEMIC.—
‘‘(A) IN GENERAL.—At the time that an applicant submits an application to the Secretary for a capital investment under the Program, the applicant shall provide the
Secretary, along with the appropriate Federal banking
agency or the National Credit Union Administration, as
applicable, an investment and lending plan that—
‘‘(i) demonstrates that not less than 30 percent
of the lending of the applicant over the past 2 fiscal
years was made directly to low- and moderate income
borrowers, to borrowers that create direct benefits for
low- and moderate-income populations, to other targeted populations as defined by the Fund, or any combination thereof, as measured by the total number
and dollar amount of loans;
‘‘(ii) describes how the business strategy and operating goals of the applicant will address community
development needs in communities that may be disproportionately impacted by the economic effects of
COVID–19, which includes the needs of small
businesses,
consumers,
nonprofit
organizations,
community development, and other projects providing
direct benefits to low- and moderate-income communities, low-income individuals, and minorities within
the minority, rural, and urban low-income and underserved areas served by the applicant;
‘‘(iii) includes a plan to provide community outreach and communication, where appropriate;
‘‘(iv) includes details on how the applicant plans
to expand or maintain significant lending or investment activity in low- or moderate-income minority
communities, especially those that may be disproportionately impacted by COVID–19 to historically disadvantaged borrowers, and to minorities that have
significant unmet capital or financial services needs.

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Deadline.

Determination.

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Time period.
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Determination.

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‘‘(B) DOCUMENTATION.—In the case of an applicant that
is certified as a community development financial institution as of the date of enactment of this subsection, for
purposes of subparagraph (A)(i), the Secretary may rely
on documentation submitted by the applicant to the Fund
as part of certification compliance reporting.
‘‘(5) INCENTIVES TO INCREASE LENDING AND PROVIDE
AFFORDABLE CREDIT.—
‘‘(A) ISSUANCE AND PURCHASE OF PREFERRED STOCK.—
An eligible institution that the Secretary approves for
participation in the Program may issue to the Secretary,
and the Secretary may purchase from such institution,
preferred stock that—
‘‘(i) provides that the preferred stock will—
‘‘(I) be repaid not later than the end of the
10-year period beginning on the date of the capital
investment under the Program; or
‘‘(II) at the end of such 10-year period, be
subject to such additional terms as the Secretary
shall prescribe, which shall include a requirement
that the stock shall carry the highest dividend
or interest rate payable; and
‘‘(ii) provides that the term and condition described
under clause (i) shall not apply if the application of
that term and condition would adversely affect the
capital treatment of the stock under current or successor applicable capital provisions compared to a capital instrument with identical terms other than the
term and condition described under clause (i).
‘‘(B) ALTERNATIVE FINANCIAL INSTRUMENTS.—If the
Secretary determines that an institution cannot feasibly
issue preferred stock as provided under subparagraph (A),
such institution may issue to the Secretary, and the Secretary may purchase from such institution, a subordinated
debt instrument whose terms are, to the extent possible,
consistent with requirements under the Program applicable
to the terms of preferred stock issued by institutions
participating in the Program, with such adjustments as
the Secretary determines appropriate, including by taking
into account the tax treatment of payments made with
respect to securities issued by such eligible institution.
‘‘(6) REQUIREMENTS ON PREFERRED STOCK AND OTHER
FINANCIAL INSTRUMENT.—Any financial instrument issued to
the Secretary by a low- and moderate-income community financial institution under the Program shall provide the following:
‘‘(A) No dividends, interest or other similar required
payments shall have a rate exceeding 2 percent per annum
for the first 10 years.
‘‘(B) The annual required payment rate of dividends,
interest, or other similar payments of a low- and moderateincome community financial institution shall be adjusted
downward as follows, based on lending by the institution
during the most recent annual period compared to lending
by the institution during the annual period ending on September 30, 2020:

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‘‘(i) No dividends, interest, or other similar payments shall be due within the first 24-month period
after the capital investment by the Secretary.
‘‘(ii) If the amount of lending by the institution
within minority, rural, and urban low-income and
underserved communities and to low- and moderateincome borrowers has increased in amount between
200 percent and 400 percent of the amount of the
capital investment, the annual payment rate shall not
exceed 1.25 percent per annum.
‘‘(iii) If the amount of lending by the institution
within minority, rural, and urban low-income and
underserved communities and to low- and moderateincome borrowers has increased by more than 400
percent of the capital investment, the annual payment
rate shall not exceed 0.5 percent per annum.
‘‘(7) CONTINGENCY OF PAYMENTS BASED ON CERTAIN FINANCIAL CRITERIA.—
‘‘(A) DEFERRAL.—Any annual payments under this section shall be deferred in any quarter or payment period
if any of the following is true:
‘‘(i) The low- and moderate-income community
institution fails to meet the Tier 1 capital ratio or
similar ratio as determined by the Secretary.
‘‘(ii) The low- and moderate-income community
financial institution fails to achieve positive net income
for the quarter or payment period.
‘‘(iii) The low- and moderate-income community
financial institution determines that the payment
would be detrimental to the financial health of the
institution and the Chief Executive Officer and Chief
Financial Officer of the institution provide written
notice, in a form reasonably satisfactory to the Secretary, of such determination and the basis thereof.
‘‘(B) TESTING DURING NEXT PAYMENT PERIOD.—Any
annual payment that is deferred under this section shall—
‘‘(i) be tested against the metrics described in
subparagraph (A) at the beginning of the next payment
period; and
‘‘(ii) continue to be deferred until the metrics
described in that subparagraph are no longer
applicable.
‘‘(8) REQUIREMENTS IN CONNECTION WITH FAILURE TO SATISFY PROGRAM GOALS.—Any financial instrument issued to the
Secretary by a low- and moderate-income community financial
institution under the Program may include such additional
terms and conditions as the Secretary determines may be appropriate to provide the holders with rights in the event that
such institution fails to satisfy applicable requirements under
the Program or to protect the interests of the Federal Government.
‘‘(e) RESTRICTIONS.—
‘‘(1) IN GENERAL.—Each low- and moderate-income community financial institution may only issue financial instruments
or senior preferred stock under this subsection with an aggregate principal amount (or comparable amount) that is—
‘‘(A) not more than $250,000,000; and

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Determination.

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Determination.

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‘‘(B)(i) not more than 7.5 percent of total assets for
an institution with assets of more than $2,000,000,000;
‘‘(ii) not more than 15 percent of total assets for an
institution with assets of not less than $500,000,000 and
not more than $2,000,000,000; and
‘‘(iii) not more than 22.5 percent of total assets for
an institution with assets of less than $500,000,000.
‘‘(2) SET-ASIDES.—Of the amounts made available under
subsection (c)(2), not less than $4,000,000,000 shall be made
available for eligible institutions with total assets of not more
than $2,000,000,000 that timely apply to receive a capital
investment under the Program, of which not less than
$2,000,000,000 shall be made available for eligible institutions
with total assets of less than $500,000,000 that timely apply
to receive a capital investment under the Program.
‘‘(3) HOLDING OF INSTRUMENTS.—Holding any instrument
of a low- and moderate-income community financial institution
described in paragraph (1) shall not give the Secretary or
any successor that owns the instrument any rights over the
management of the institution in the ordinary course of business.
‘‘(4) SALE OF INTEREST.—
‘‘(A) IN GENERAL.—With respect to a capital investment
made into a low- and moderate-income community financial
institution under this section, the Secretary—
‘‘(i) prior to any sale of such capital investment
to a third party, shall provide the low- and moderateincome community financial institution a right of first
refusal to buy back the investment under terms that
do not exceed a value as determined by an independent
third party;
‘‘(ii) shall not sell more than 25 percent of the
outstanding equity interests of any institution to a
single third party without the consent of such institution, which may not be unreasonably withheld; and
‘‘(iii) with the permission of the institution, may
transfer or sell the interest of the Secretary in the
capital investment for no consideration or for a de
minimis amount to a mission aligned nonprofit affiliate
of an applicant that is an insured community development financial institution.
‘‘(B) CALCULATION OF OWNERSHIP FOR MINORITY DEPOSITORY INSTITUTIONS.—The calculation and determination of
ownership thresholds for a depository institution to qualify
as a minority depository institution shall exclude any dilutive effect of equity investments by the Federal Government, including under the Program or through the Fund.
‘‘(5) REPAYMENT INCENTIVES.—The Secretary may establish
repayment incentives that will apply to capital investments
under the Program in a manner that the Secretary determines
to be consistent with the purposes of the Program.
‘‘(f) TREATMENT OF CAPITAL INVESTMENTS.—The Secretary shall
seek to establish the terms of preferred stock issued under the
Program to enable such preferred stock to receive Tier 1 capital
treatment.
‘‘(g) OUTREACH TO MINORITY COMMUNITIES.—The Secretary
shall require low- and moderate-income community financial

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134 STAT. 2085

institutions receiving capital investments under the Program to
provide community outreach and communication, where appropriate, describing the availability and application process of
receiving loans made possible by the Program through organizations, trade associations, and individuals that represent or work
within or are members of minority communities.
‘‘(h) RESTRICTIONS.—
‘‘(1) IN GENERAL.—Not later than the end of the 30-day
period beginning on the date of enactment of this section,
the Secretary shall issue rules setting restrictions on executive
compensation, share buybacks, and dividend payments for
recipients of capital investments under the Program.
‘‘(2) CONFLICTS OF INTEREST.—
‘‘(A) DEFINITIONS.—In this paragraph:
‘‘(i) CONTROLLING INTEREST.—The term ‘controlling
interest’ means owning, controlling, or holding not less
than 20 percent, by vote or value, of the outstanding
amount of any class of equity interest in an entity.
‘‘(ii) COVERED ENTITY.—The term ‘covered entity’
means an entity in which a covered individual directly
or indirectly holds a controlling interest. For the purpose of determining whether an entity is a covered
entity, the securities owned, controlled, or held by 2
or more individuals who are related as described in
clause (iii)(II) shall be aggregated.
‘‘(iii) COVERED INDIVIDUAL.—The term ‘covered
individual’ means—
‘‘(I) the President, the Vice President, the head
of an Executive department, or a Member of Congress; and
‘‘(II) the spouse, child, son-in-law, or daughterin-law, as determined under applicable common
law, of an individual described in subclause (i).
‘‘(iv) EXECUTIVE DEPARTMENT.—The term ‘Executive department’ has the meaning given the term in
section 101 of title 5, United States Code.
‘‘(v) MEMBER OF CONGRESS.—The term ‘member
of Congress’ means a member of the Senate or House
of Representatives, a Delegate to the House of Representatives, and the Resident Commissioner from
Puerto Rico.
‘‘(vi) EQUITY INTEREST.—The term ‘equity interest’
means—
‘‘(I) a share in an entity, without regard to
whether the share is—
‘‘(aa) transferable; or
‘‘(bb) classified as stock or anything
similar;
‘‘(II) a capital or profit interest in a limited
liability company or partnership; or
‘‘(III) a warrant or right, other than a right
to convert, to purchase, sell, or subscribe to a
share or interest described in subclause (I) or (II),
respectively.
‘‘(B) PROHIBITION.—Notwithstanding any other provision of this section, no covered entity may be eligible for
any investment made under the Program.

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Certification.

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‘‘(C) REQUIREMENT.—The principal executive officer
and the principal financial officer, or individuals performing
similar functions, of an entity seeking to receive an investment made under the Program shall, before that investment is approved, certify to the Secretary and the appropriate Federal banking agency or the National Credit Union
Administration, as applicable, that the entity is eligible
to receive the investment, including that the entity is not
a covered entity.
‘‘(i) INELIGIBILITY OF CERTAIN INSTITUTIONS.—An institution
shall be ineligible to participate in the Program if such institution
is designated in Troubled Condition by the appropriate Federal
banking agency or the National Credit Union Administration, as
applicable, or is subject to a formal enforcement action with its
primary Federal regulator that addresses unsafe or unsound lending
practices.
‘‘(j) TERMINATION OF INVESTMENT AUTHORITY.—
‘‘(1) IN GENERAL.—The authority to make new capital
investments in low- and moderate-income community financial
institutions, including commitments to purchase preferred stock
or other instruments, provided under the Program shall terminate on the date that is 6 months after the date on which
the national emergency concerning the novel coronavirus disease (COVID–19) outbreak declared by the President on March
13, 2020 under the National Emergencies Act (50 U.S.C. 1601
et seq.) terminates.
‘‘(2) RULE OF CONSTRUCTION.—Nothing in this subsection
may be construed to limit any other authority of the Secretary
not described in paragraph (1).
‘‘(k) COLLECTION OF DATA.—Notwithstanding the Equal Credit
Opportunity Act (15 U.S.C. 1691 et seq.)—
‘‘(1) any low- and moderate-income community financial
institution may collect data described in section 701(a)(1) of
that Act (15 U.S.C. 1691(a)(1)) from borrowers and applicants
for credit for the sole purpose and exclusive use of monitoring
compliance under the plan required under subsection (d)(4);
and
‘‘(2) a low- and moderate-income community financial
institution that collects the data described in paragraph (1)
shall not be subject to adverse action related to that collection
by the Bureau of Consumer Financial Protection or any other
Federal agency.
‘‘(l) DEPOSIT OF FUNDS.—All funds received by the Secretary
in connection with purchases made pursuant this section, including
interest payments, dividend payments, and proceeds from the sale
of any financial instrument, shall be deposited into the Fund and
used to provide financial and technical assistance pursuant to section 108, except that subsection (e) of that section shall be waived.
‘‘(m) DIRECT APPROPRIATION.—There is appropriated, out of
amounts in the Treasury not otherwise appropriated, for fiscal
year 2021, $9,000,000,000, to remain available until expended and
to be deposited in the Emergency Capital Investment Fund, to
carry out this section.
‘‘(n) ADMINISTRATIVE EXPENSES.—Funds appropriated pursuant
to subsection (m) may be used for administrative expenses,
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134 STAT. 2087

costs of administering the Program of making, holding, managing,
and selling the capital investments.
‘‘(o) ADMINISTRATIVE PROVISIONS.—The Secretary may take
such actions as the Secretary determines necessary to carry out
the authorities in this section, including the following:
‘‘(1) The Secretary may use the services of any agency
or instrumentality of the United States or component thereof
on a reimbursable basis, and any such agency or instrumentality or component thereof is authorized to provide services
as requested by the Secretary using all authorities vested in
or delegated to that agency, instrumentality, or component.
‘‘(2) The Secretary may enter into contracts, including contracts for services authorized by section 3109 of title 5, United
States Code.
‘‘(3) The Secretary may designate any bank, savings
association, trust company, security broker or dealer, asset
manager, or investment adviser as a financial agent of the
Federal Government and such institution shall perform all
such reasonable duties related to this section as financial agent
of the Federal Government as may be required. The Secretary
shall have authority to amend existing agreements with financial agents to perform reasonable duties related to this section.
‘‘(4) The Secretary may exercise any rights received in
connection with any preferred stock or other financial
instruments or assets purchased or acquired pursuant to the
authorities granted under this section.
‘‘(5) The Secretary may manage any assets purchased under
this section, including revenues and portfolio risks therefrom.
‘‘(6) The Secretary may sell, dispose of, transfer, exchange
or enter into securities loans, repurchase transactions, or other
financial transactions in regard to, any preferred stock or other
financial instrument or asset purchased or acquired under this
section, upon terms and conditions and at a price determined
by the Secretary.
‘‘(7) The Secretary may manage or prohibit conflicts of
interest that may arise in connection with the administration
and execution of the authorities provided under this section.
‘‘(8) The Secretary may establish and use vehicles to purchase, hold, and sell preferred stock or other financial
instruments and issue obligations.
‘‘(9) The Secretary may issue such regulations and other
guidance as may be necessary or appropriate to define terms
or carry out the authorities or purposes of this section.
‘‘(10) The Secretary is authorized to use direct hiring
authority to hire employees to administer this section.’’.
(b) TECHNICAL AND CONFORMING AMENDMENT.—The table of
contents in section 1(b) of the Riegle Community Development
and Regulatory Improvement Act of 1994 is amended by inserting
after the item relating to section 104 the following:

Determination.

108 Stat. 2160.

‘‘104A. Capital investments for neighborhoods disproportionately impacted by the
COVID–19 pandemic.’’.

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SEC. 523. EMERGENCY SUPPORT FOR CDFIS AND COMMUNITIES
RESPONDING TO THE COVID–19 PANDEMIC.

(a) DIRECT APPROPRIATION.—There is appropriated, out of
amounts in the Treasury not otherwise appropriated, for the fiscal

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134 STAT. 2088

PUBLIC LAW 116–260—DEC. 27, 2020

year 2021, $3,000,000,000 under the heading ‘‘department

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of treasury—

support’’
to carry out this section, of which—
(1) up to $1,250,000,000, shall remain available until September 30, 2021, to support, prepare for, and respond to the
economic impact of the coronavirus, provided that the Fund
shall—
(A) provide grants funded under this paragraph using
a formula that takes into account criteria such as certification status, financial and compliance performance, portfolio and balance sheet strength, a diversity of CDFI business model types, and program capacity, of which not less
than $25,000,000 may be for grants to benefit Native American, Native Hawaiian, and Alaska Native communities;
and
(B) make funds available under this paragraph not
later than 60 days after the date of enactment of this
Act; and
(2) up to $1,750,000,000, shall remain available until
expended, to provide grants to CDFIs to respond to the economic
impact of the COVID–19 pandemic—
(A) to expand lending, grant making, or investment
activity in low- or moderate-income minority communities
and to minorities that have significant unmet capital or
financial services needs;
(B) using criteria such as certification status, financial
and compliance performance, portfolio and balance sheet
strength, a diversity of CDFI business model types, status
as a minority lending institution, and program capacity,
as well as experience making loans and investments to
those areas and populations identified in this paragraph;
and
(C) of which up to $1,200,000,000, shall be for providing
financial assistance, technical assistance, awards, training
and outreach programs to recipients that are minority
lending institutions.
(b) ADMINISTRATIVE EXPENSES.—Funds appropriated pursuant
to subsection (a) may be used for administrative expenses, including
administration of Fund programs and the New Markets Tax Credit
Program under section 45D of the Internal Revenue Code of 1986.
(c) DEFINITIONS.—In this section:
(1) CDFI.—The term ‘‘CDFI’’ means a community development financial institution, as defined in section 103 of the
Community Development Banking and Financial Institutions
Act of 1994 (12 U.S.C. 4702).
(2) FUND.—The term ‘‘Fund’’ means the Community
Development Financial Institutions Fund established under section 104(a) of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4703(a)).
(3) MINORITY.—The term ‘‘minority’’ means any Black
American, Hispanic American, Asian American, Native American, Native Alaskan, Native Hawaiian, or Pacific Islander.
(4) MINORITY LENDING INSTITUTION.—The term ‘‘minority
lending institution’’ means a CDFI—
(A) with respect to which a majority of both the number
dollar volume of arm’s-length, on-balance sheet financial
community

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products of the CDFI are directed at minorities or majority
minority census tracts or equivalents; and
(B) that—
(i) is a minority depository institution, as defined
in section 308(b) of the Financial Institutions Reform,
Recovery, and Enforcement Act of 1989 (12 U.S.C.
1463 note), or otherwise considered to be a minority
depository institution by the appropriate Federal
banking agency, as defined in section 3 of the Federal
Deposit Insurance Act (12 U.S.C. 1813), or by the
National Credit Union Administration, as applicable;
or
(ii) meets standards for accountability to minority
populations as determined by the Administrator.
(d) COLLECTION OF DATA.—With respect to a CDFI that receives
funds under this section, notwithstanding the Equal Credit Opportunity Act (15 U.S.C. 1691 et seq.)—
(1) the CDFI may collect data described in section 701(a)(1)
of that Act (15 U.S.C. 1691(a)(1)) from borrowers and applicants
for credit for the sole purpose and exclusive use to ensure
that targeted populations and low-income residents of investment areas are adequately served; and
(2) the CDFI that collects the data described in paragraph
(1) shall not be subject to adverse action related to that collection by the Bureau of Consumer Financial Protection or any
other Federal agency.
SEC. 524. INSPECTOR GENERAL OVERSIGHT.

(a) IN GENERAL.—The Inspector General of the Department
of the Treasury shall conduct, supervise, and coordinate audits
and investigations of any program established under this subtitle
or the amendments made by this subtitle.
(b) REPORTING.—The Inspector General of the Department of
the Treasury shall submit to the Committee on Financial Services
of the House of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate and the Secretary of
the Treasury not less frequently than 2 times per year a report
relating to the oversight provided by the Office of the Inspector
General, including any recommendations for improvements to the
programs described in subsection (a).

12 USC 4703a
note.

Recommendations.

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SEC. 525. STUDY AND REPORT WITH RESPECT TO IMPACT OF PROGRAMS ON LOW- AND MODERATE-INCOME AND MINORITY
COMMUNITIES.

(a) STUDY.—The Secretary of the Treasury shall conduct a
study of the impact of the programs established under this subtitle
or any amendment made by this subtitle on low- and moderateincome and minority communities.
(b) REPORT.—Not later than 18 months after the date of enactment of this Act, the Secretary of the Treasury shall submit to
the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs
of the Senate a report on the results of the study conducted pursuant to subsection (a), which shall include, to the extent possible,
the results of the study disaggregated by ethnic group.
(c) INFORMATION PROVIDED TO THE SECRETARY.—Eligible
institutions that participate in any of the programs described in
subsection (a) shall provide the Secretary of the Treasury with

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such information as the Secretary may require to carry out the
study required by this section.

Subtitle C—Miscellaneous
SEC. 540. EXTENSIONS OF TEMPORARY RELIEF AND EMERGENCY
AUTHORITIES.

(a) IN GENERAL.—Title IV of the CARES Act (15 U.S.C. 9041
et seq.) is amended—
(1) in section 4014(b) (15 U.S.C. 9052(b))—
(A) in paragraph (1), by inserting ‘‘the first day of
the fiscal year of the insured depository institution, bank
holding company, or any affiliate thereof that begins after’’
before ‘‘the date’’; and
(B) in paragraph (2), by striking ‘‘December 31, 2020’’
and inserting ‘‘January 1, 2022’’; and
(2) in section 4016(b)(2), by striking ‘‘2020’’ and inserting
‘‘2021’’.
(b)
TEMPORARY
CREDIT
UNION
PROVISIONS.—Section
307(a)(4)(A) of the Federal Credit Union Act (12 U.S.C.
1795f(a)(4)(A)) is amended by striking ‘‘December 31, 2020’’ and
inserting ‘‘December 31, 2021’’.
SEC. 541. EXTENSION OF TEMPORARY RELIEF FROM TROUBLED DEBT
RESTRUCTURINGS AND INSURER CLARIFICATION.

Section 4013 of the CARES Act (15 U.S.C. 9051) is amended—
(1) by inserting ‘‘, including an insurance company,’’ after
‘‘institution’’ each place the term appears;
(2) in subsection (a)(1), by striking ‘‘December 31, 2020’’
and inserting ‘‘January 1, 2022’’;
(3) in subsection (b)(1)(B), by inserting ‘‘under United
States Generally Accepted Accounting Principles’’ after ‘‘purposes’’; and
(4) in subsection (d)(1), by inserting ‘‘, including insurance
companies,’’ after ‘‘institutions’’.

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12 USC 1715n
note.

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SEC. 542. HEALTHCARE OPERATING LOSS LOANS.

(a) DEFINITIONS.—In this section:
(1) OPERATING LOSS.—The term ‘‘operating loss’’ has the
meaning given the term in section 223(d) of the National
Housing Act (12 U.S.C. 1715n(d)).
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Housing and Urban Development.
(b) AUTHORIZATION TO PROVIDE MORTGAGE INSURANCE.—Notwithstanding any other provision of law, for fiscal years 2020 and
2021, in addition to the authority provided to insure operating
loss loans under section 223(d) of the National Housing Act (12
U.S.C. 1715n(d)), the Secretary may insure or enter into commitments to ensure mortgages under such section 223(d) with respect
to healthcare facilities—
(1) insured under section 232 or section 242 of the National
Housing Act (12 U.S.C. 1715w, 1715z–7);
(2) that were financially sound immediately prior to the
President’s March 13, 2020 Proclamation on Declaring a
National Emergency Concerning the Novel Coronavirus Disease
(COVID–19) Outbreak;
(3) that have exhausted all other forms of assistance; and

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(4) subject to—
(A) the limitation for new commitments to guarantee
loans insured under the General and Special Risk Insurance Funds under the heading ‘‘General and Special Risk
Program Account’’ for fiscal years 2020 and 2021; and
(B) the underwriting parameters and other terms and
conditions that the Secretary determines appropriate
through guidance.
(c) AMOUNT OF LOAN.—After all other realized or reasonably
anticipated assistance (including reimbursements, loans, or other
payments from other Federal sources) are taken into account, a
loan insured under subsection (b) shall be in an amount not
exceeding the lesser of—
(1) the temporary losses or additional expenses incurred
or expected to be incurred by the healthcare facility as a result
of the impact of the circumstances giving rise to the President’s
March 13, 2020 Proclamation on Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID–19)
Outbreak; or
(2) the amount expected to be needed to cover the sum
of—
(A) 1 year of principal and interest payments for the
existing loans of the healthcare facility insured by the
Secretary;
(B) 1 year of principal and interest payments for the
loan pursuant to this section;
(C) 1 year of mortgage insurance premiums for the
loans described in subparagraphs (A) and (B);
(D) 1 year of monthly deposits to reserve accounts
required by the Secretary for the loans described in subparagraphs (A) and (B);
(E) 1 year of property taxes and insurance for the
healthcare facility; and
(F) transaction costs, including legal fees, for the loans
described in subparagraphs (A) and (B).

Determination.

TITLE VI—LABOR PROVISIONS

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SEC. 601. JOB CORPS FLEXIBILITIES.

(a) ENROLLMENT.—During the period beginning on the date
of enactment of this Act and ending when all qualifying emergencies
have expired, notwithstanding any other provision of law, the
requirements described in sections 145(a)(2)(A) and 152(b)(2)(B)
of the Workforce Innovation and Opportunity Act (29 U.S.C.
3195(a)(2)(A), 3202(b)(2)(B)) shall be applicable only for enrollees
in the Job Corps—
(1) participating on-site at a Job Corps center; or
(2) returning to on-site participation at a Job Corps center
after participating in distance learning.
(b) ELIGIBILITY.—During a qualifying emergency or the 1-year
period immediately following the expiration of the qualifying emergency, an individual who would be older than the age of 24 on
the date the individual enrolls in the Job Corps is eligible to
enroll in the Job Corps, notwithstanding section 144(a)(1)(A) of
the Workforce Innovation and Opportunity Act (29 U.S.C.
3194(a)(1)(A)), as long as—

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Time periods.
29 USC 3194
note.
Applicability.

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PUBLIC LAW 116–260—DEC. 27, 2020

(1) the individual applies for enrollment by the date that
is 6 months after the date of enactment of this Act, and is
not older than age 24 on the date of application; and
(2) the individual attains the age of 25 during the qualifying
emergency or the 1-year period immediately following the
expiration of the qualifying emergency.
(c) QUALIFYING EMERGENCY DEFINED.—In this section, the term
‘‘qualifying emergency’’ has the meaning given the term in section
3502(a)(4) of the Coronavirus Aid, Relief, and Economic Security
Act (Public Law 116–136).

TITLE VII—NUTRITION AND
AGRICULTURE RELIEF
Subtitle A—Nutrition
CHAPTER 1—SUPPLEMENTAL NUTRITION ASSISTANCE
PROGRAM
7 USC 2011 note.

SEC. 701. DEFINITIONS.

In this chapter—
(1) COVID-19 PUBLIC HEALTH EMERGENCY.—The term
‘‘COVID-19 public health emergency’’ means a public health
emergency declared or renewed by the Secretary of Health
and Human Services under section 319 of the Public Health
Service Act (42 U.S.C. 247d) based on an outbreak of
coronavirus disease 2019 (COVID-19).
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Agriculture.
(3) SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM.—The
term ‘‘supplemental nutrition assistance program’’ has the
meaning given such term in section 3(t) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(t)).
(4) SNAP.—The term ‘‘SNAP’’ refers to the supplemental
nutrition assistance program.
7 USC 2011 note.

SEC. 702. SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM.

Effective date.
Time period.

(a) VALUE OF BENEFITS.—Notwithstanding any other provision
of law, beginning on January 1, 2021, and for each subsequent
month through June 30, 2021, the value of benefits determined
under section 8(a) of the Food and Nutrition Act of 2008 (7 U.S.C.
15 2017(a)) shall be calculated using 115 percent of the June 2020
value of the thrifty food plan (as defined in section 3 of such
Act (7 U.S.C. 2012)) if the value of the benefits would be greater
under that calculation than in the absence of this subsection.
(b) REQUIREMENTS FOR THE SECRETARY.—In carrying out this
section, the Secretary shall—
(1) consider the benefit increases described in subsection
(a) to be a ‘‘mass change’’;
(2) require a simple process for States to notify households
of the increase in benefits;
(3) consider section 16(c)(3)(A) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2025(c)(3)(A)) to apply to any errors
in the implementation of this section without regard to the
120-day limit described in that section; and

Notification.

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Applicability.

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134 STAT. 2093

(4) disregard the additional amount of benefits that a
household receives as a result of this section in determining
the amount of overissuances under section 13 of the Food
and Nutrition Act of 2008 (7 U.S.C. 2022).
(c) ADMINISTRATIVE EXPENSES.—
(1) IN GENERAL.—For the costs of State administrative
expenses associated with carrying out this section and administering the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C.
2011 et seq.) during the COVID-19 public health emergency,
the Secretary shall make available $100,000,000 for fiscal year
2021.
(2) TIMING.—Not later than 60 days after the date of the
enactment of this Act, the Secretary shall make available to
States amounts for fiscal year 2021 under paragraph (1).
(3) ALLOCATION OF FUNDS.—Funds described in paragraph
(1) shall be made available as grants to State agencies for
fiscal year 2021 as follows:
(A) 75 percent of the amounts available for fiscal year
2021 shall be allocated to States based on the share of
each State of households that participate in the supplemental nutrition assistance program as reported to the
Department of Agriculture for the most recent 12-month
period for which data are available, adjusted by the Secretary (as of the date of the enactment of this Act) for
participation in disaster programs under section 5(h) of
the Food and Nutrition Act of 2008 (7 U.S.C. 2014(h));
and
(B) 25 percent of the amounts available for fiscal year
2021 shall be allocated to States based on the increase
in the number of households that participate in the supplemental nutrition assistance program as reported to the
Department of Agriculture over the most recent 12-month
period for which data are available, adjusted by the Secretary (as of the date of the enactment of this Act) for
participation in disaster programs under section 5(h) of
the Food and Nutrition Act of 2008 (7 U.S.C. 2014(h)).
(d) CERTAIN EXCLUSIONS FROM SNAP INCOME.—A Federal pandemic unemployment compensation payment made to an individual
under section 2104 of the Coronavirus Aid, Relief, and Economic
Security Act (Public Law 116–136) shall not be regarded as income
and shall not be regarded as a resource for the month of receipt
and the following 9 months, for the purpose of determining eligibility of such individual or any other individual for benefits or
assistance, or the amount of benefits or assistance, under any
programs authorized under the Food and Nutrition Act of 2008
(7 U.S.C. 2011 et seq.).
(e) PROVISIONS FOR IMPACTED STUDENTS.—
(1) IN GENERAL.—Notwithstanding any other provision of
law, not later than 20 days after the date of the enactment
of this Act, eligibility for supplemental nutrition assistance
program benefits shall not be limited under section 6(e) of
the Food and Nutrition Act of 2008 (7 U.S.C. 2015(e)) for
an individual who—
(A) is enrolled at least half-time in an institution of
higher education; and

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Determination.

Deadline.

Time period.

Time period.
Determination.

Deadline.

PUBL260A

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Deadline.

Consultation.

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7 USC 2012 note.

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PUBLIC LAW 116–260—DEC. 27, 2020

(B)(i) is eligible to participate in a State or federally
financed work study program during the regular school
year as determined by the institution of higher education;
or
(ii) in the current academic year, has an expected
family contribution of $0 as determined in accordance with
part F of title IV of the Higher Education Act of 195
(20 U.S.C. 1087kk et. seq.).
(2) SUNSET.—
(A) INITIAL APPLICATIONS.—The eligibility standards
authorized under paragraph (1) shall be in effect for initial
applications for the supplemental nutrition assistance program until 30 days after the COVID–19 public health emergency is lifted.
(B) RECERTIFICATIONS.—The eligibility standards
authorized under paragraph (1) shall be in effect until
the first recertification of a household beginning no earlier
than 30 days after the COVID–19 public health emergency
is lifted.
(3) GUIDANCE.—
(A) IN GENERAL.—Not later than 10 days after the
date of enactment of this Act, the Secretary shall issue
guidance to State agencies on the temporary student eligibility requirements established under this subsection.
(B) COORDINATION WITH THE DEPARTMENT OF EDUCATION.—The Secretary of Education, in consultation with
the Secretary of Agriculture and institutions of higher education, shall carry out activities to inform applicants for
Federal student financial aid under the Higher Education
Act of 1965 (20 U.S.C. 1001 et seq.) and students at institutions of higher education of the temporary student eligibility requirements established under this subsection.
(f) REPORT.—Not later than July 31, 2021, the Secretary shall
submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry
of the Senate a report that accounts for both the redemption rate
and account balances for each month during the period specified
in subsection (a).
(g) LIMITATION ON QUALITY CONTROL WAIVERS.—Section
4603(a)(2) of the Continuing Appropriations Act, 2021 and Other
Extensions Act (Public Law 116-159) is amended by striking ‘‘September 30, 2021’’ and inserting ‘‘June 30, 2021’’.
(h) FUNDING.—There are hereby appropriated to the Secretary,
out of any money not otherwise appropriated, such sums as may
be necessary to carry out this section.

7 USC 2016 note.

SEC. 703. ADDITIONAL ASSISTANCE FOR SNAP ONLINE PURCHASING
AND TECHNOLOGY IMPROVEMENTS.

Deadline.

(a) RESOURCES FOR SNAP ONLINE PURCHASING.—Not later than
60 days after the date of enactment of this Act, the Secretary
shall provide—
(1) additional support for the Food and Nutrition Service
to conduct end-to-end testing in the online production environment; and
(2) technical assistance to educate retailers on the process
and technical requirements for the online acceptance of SNAP
benefits and to support and expedite SNAP online purchasing.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2095

(b) SNAP ONLINE PURCHASING ASSISTANCE FOR DIRECT-MARFARMERS AND FARMERS’ MARKETS.—The Secretary, on a
competitive basis, shall enter into cooperative agreements with,
or provide grants to, not more than 5 eligible entities to build
out functionality, and provide assistance to direct-marketing
farmers and farmers’ markets to accept SNAP benefits through
online transactions.
(1) SELECTION PRIORITY.—The Secretary shall prioritize
eligible entities with experience building online purchasing platforms for technology solutions for farmers’ markets and directmarketing farmers.
(2) DEFINITION OF ELIGIBLE ENTITY.—In this subsection,
the term ‘‘eligible entity’’ means a nonprofit entity with experience building online purchasing platforms or technology solutions, or with experience working with commercial entities that
have experience building online purchasing platforms or technology solutions.
(c) ISSUANCE INNOVATION AND TECHNOLOGY IMPROVEMENT SUPPORT.—The Secretary shall—
(1) review technological developments, including developments related to security and privacy, surrounding mobile payment technology, to support the mobile technologies demonstration projects and the use of mobile technologies authorized
under section 7(k)(14) of the Food and Nutrition Act of 2008;
and
(2) test methods to modernize electronic benefit transfer
technology for the purpose of improving the security and integrity of the electronic benefits transfer system.
(d) REPORT.—Not later than January 31, 2022, and annually
thereafter until all funds provided under subsection (e) have been
expended, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report that
includes—
(1) a description of the activities conducted under subsections (a), (b), and (c);
(2) a description of any grants, cooperative agreements,
or contracts awarded under this section;
(3) an analysis of the technological developments surrounding mobile payment technology; and
(4) a summary of EBT modernization testing results under
subsection (c)(2).
(e) FUNDING.—
(1) APPROPRIATIONS.—There is hereby appropriated to the
Secretary, out of any money in the Treasury not otherwise
appropriated, $5,000,000 to be available until expended to carry
out this section.
(2) USE OF FUNDS.—With respect to the funds appropriated
under paragraph (1), the Secretary shall use—
(A) not more than $1,000,000 for purposes described
in subsection (a); and
(B) not more than $1,000,000 for purposes described
in subsection (b).
KETING

Contracts.

Review.

Analysis.
Summary.

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SEC. 704. NUTRITION ASSISTANCE PROGRAMS.

In addition to amounts otherwise made available, $614,000,000,
to remain available through September 30, 2021, shall be available

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134 STAT. 2096

PUBLIC LAW 116–260—DEC. 27, 2020

for the Secretary of Agriculture to provide grants to the Commonwealth of the Northern Mariana Islands, Puerto Rico, and American
Samoa for nutrition assistance in response to a COVID-19 public
health emergency, of which $14,000,000 shall be available for the
Commonwealth of the Northern Mariana Islands.
CHAPTER 2—COMMODITY DISTRIBUTION PROGRAMS
SEC. 711. EMERGENCY FOOD ASSISTANCE PROGRAM.

For an additional amount for the ‘‘Commodity Assistance Program’’ for the emergency food assistance program as authorized
by section 27(a) of the Food and Nutrition Act of 2008 (7 U.S.C.
2036(a)) and section 204(a)(1) of the Emergency Food Assistance
Act of 1983 (7 U.S.C. 7508(a)(1)), $400,000,000, to remain available
through September 30, 2021: Provided, That of the funds made
available in this section, the Secretary may use up to 20 percent
for costs associated with the distribution of commodities.
SEC. 712. COMMODITY SUPPLEMENTAL ASSISTANCE PROGRAM.

In addition to amounts otherwise made available, $13,000,000,
to remain available through September 30, 2021, shall be available
for the Secretary of Agriculture for the Commodity Supplemental
Food Program as authorized by section 4(a) of the Agriculture
and Consumer Protection Act of 1973 (7 U.S.C. 612c note): Provided,
That of the funds made available in this section, up to 20 percent
shall be available for State administrative expenses.
CHAPTER 3—CHILD NUTRITION
SEC. 721. ASSISTANCE FOR CHILDREN IN CHILD CARE.

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Determination.

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Section 1101 of the Families First Coronavirus Response Act
(Public Law 116-127; 7 U.S.C. 2011 note) is amended—
(1) in subsection (f), by amending paragraph (2) to read
as follows:
‘‘(2) SIMPLIFYING ASSUMPTIONS FOR SCHOOL YEAR 20202021.—For purposes of this section, a State agency may develop
and use simplifying assumptions (including a State or local
public health ordinance developed in response to COVID–19)
and the best feasibly available data to determine the status
of a school or covered child care facility as opened, closed,
or operating with a reduced number of days or hours, establish
State or regionally-based benefits levels, identify eligible children and children eligible for assistance under subsection (h),
and establish eligibility periods for eligible children and children eligible for assistance under subsection (h).’’; and
(2) in subsection (h)—
(A) in paragraph (1), by inserting ‘‘or the area of a
child’s residence’’ after ‘‘schools in the area of a covered
child care facility’’;
(B) in paragraph (2), by inserting ‘‘or for each day
that a school in the area of a covered child care facility
or the area of the child’s residence is closed or has reduced
attendance or hours for at least 5 consecutive days’’ before
the period at the end; and
(C) by adding at the end the following:
‘‘(4) DEEMED POPULATION.—For purposes of an approved
State agency plan described in paragraph (1) or an approved

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2097

amendment to such a plan described in such paragraph, the
Secretary of Agriculture shall deem any child who has not
attained the age of 6 as a child who is enrolled in a covered
child care facility.’’; and
(3) in subsection (j), by inserting ‘‘for State agencies, other
agencies of the State, local units, and schools’’ after ‘‘administrative expenses’’.

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SEC. 722. EMERGENCY COSTS FOR CHILD NUTRITION PROGRAMS
DURING COVID–19 PANDEMIC.

(a) USE OF CERTAIN APPROPRIATIONS TO COVER EMERGENCY
OPERATIONAL COSTS UNDER SCHOOL MEAL PROGRAMS.—
(1) IN GENERAL.—
(A) REQUIRED ALLOTMENTS.—Notwithstanding any
other provision of law, the Secretary shall allocate to each
State that participates in the reimbursement program
under paragraph (3) such amounts as may be necessary
to carry out reimbursements under such paragraph for
each reimbursement month, including, subject to paragraph
(5)(B), administrative expenses necessary to make such
reimbursements.
(B) GUIDANCE WITH RESPECT TO PROGRAM.—Not later
than 30 days after the date of the enactment of this section,
the Secretary shall issue guidance with respect to the
reimbursement program under paragraph (3).
(2) REIMBURSEMENT PROGRAM APPLICATION.—To participate
in the reimbursement program under paragraph (3), not later
than 30 days after the date described in paragraph (1)(B),
a State shall submit an application to the Secretary that
includes a plan to calculate and disburse reimbursements under
the reimbursement program under paragraph (3).
(3) REIMBURSEMENT PROGRAM.—Subject to paragraphs (4)
and (5)(D), using the amounts allocated under paragraph (1)(A),
a State participating in the reimbursement program under
this paragraph shall make reimbursements for emergency operational costs for each reimbursement month as follows:
(A) For each new school food authority in the State
for the reimbursement month, an amount equal to 55 percent of the amount equal to—
(i) the average monthly amount such new school
food authority was reimbursed under the reimbursement sections for meals and supplements served by
such new school food authority during the alternate
period; minus
(ii) the amount such new school food authority
was reimbursed under the reimbursement sections for
meals and supplements served by such new school
food authority during such reimbursement month.
(B) For each school food authority not described in
subparagraph (A) in the State for the reimbursement
month, an amount equal to 55 percent of—
(i) the amount such school food authority was
reimbursed under the reimbursement sections for
meals and supplements served by such school food
authority for the month beginning one year before
such reimbursement month; minus

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42 USC 1751
note.

Deadline.

Deadline.
Plan.

PUBL260A

134 STAT. 2098

Claims.
Time period.

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(ii) the amount such school food authority was
reimbursed under the reimbursement sections for
meals and supplements served by such school food
authority during such reimbursement month.
(4) SPECIAL RULES RELATING TO REIMBURSEMENT CALCULATION.—
(A) EFFECT OF NEGATIVE NUMBER.—If a subtraction
performed under subparagraph (A) or (B) of paragraph
(3) results in a negative number, the reimbursement
amount calculated under such subparagraph shall equal
zero.
(B) SPECIAL TREATMENT OF MARCH, 2020.—In the case
of a reimbursement under subparagraph (A) or (B) of paragraph (3) for the reimbursement month of March, 2020,
the reimbursement amount shall be equal to the amount
determined under such a subparagraph for such month,
divided by 2.
(5) TREATMENT OF FUNDS.—
(A) AVAILABILITY.—Funds allocated to a State under
paragraph (1)(A) shall remain available until September
30, 2021.
(B) ADMINISTRATIVE EXPENSES.—A State may reserve
not more than 1 percent of the funds allocated under paragraph (1)(A) for administrative expenses to carry out this
subsection.
(C) UNEXPENDED BALANCE.—On March 31, 2022, any
amounts allocated to a State under paragraph (1)(A) or
reimbursed to a school food authority or new school food
authority under paragraph (3) that are unexpended by
such State, school food authority, or new school food
authority shall revert to the Secretary.
(D) LIMITATION ON USE OF FUNDS.—Funds allocated
to a State under paragraph (1)(A) may only be made available to a school food authority or new school food authority
that—
(i) submits a claim to such State for meals, supplements, or administrative costs with respect to a month
occurring during the period beginning September 1,
2020 and ending December 31, 2020; or
(ii) provides an assurance to such State that the
school food authority or new school food authority will
submit a claim to such State for meals, supplements,
or administrative costs with respect to a month occurring during the first full semester (or equivalent term)
after the conclusion of the public health emergency,
as determined by such State.
(6) REPORTS.—Each State that carries out a reimbursement
program under paragraph (3) shall, not later than March 31,
2022, submit a report to the Secretary that includes a summary
of the use of such funds by the State and each school food
authority and new school food authority in such State.
(b) USE OF CERTAIN APPROPRIATIONS TO COVER CHILD AND
ADULT CARE FOOD PROGRAM CHILD CARE OPERATIONAL EMERGENCY
COSTS DURING COVID–19 PANDEMIC.—
(1) IN GENERAL.—
(A) REQUIRED ALLOTMENTS.—Notwithstanding any
other provision of law, the Secretary shall allocate to each

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134 STAT. 2099

State that participates in the reimbursement program
under paragraph (3) such amounts as may be necessary
to carry out reimbursements under such paragraph for
each reimbursement month, including, subject to paragraph
(5)(C), administrative expenses necessary to make such
reimbursements.
(B) GUIDANCE WITH RESPECT TO PROGRAM.—Not later
than 30 days after the date of the enactment of this section,
the Secretary shall issue guidance with respect to the
reimbursement program under paragraph (3).
(2) REIMBURSEMENT PROGRAM APPLICATION.—To participate
in the reimbursement program under paragraph (3), not later
than 30 days after the date described in paragraph (1)(B),
a State shall submit an application to the Secretary that
includes a plan to calculate and disburse reimbursements under
the reimbursement program under paragraph (3).
(3) REIMBURSEMENT AMOUNT.—Subject to paragraphs (4)
and (5)(E), using the amounts allocated under paragraph (1)(A),
a State participating in the reimbursement program under
this paragraph shall make reimbursements for child care operational emergency costs for each reimbursement month as follows:
(A) For each new covered institution in the State for
the reimbursement month, an amount equal to 55 percent
of—
(i) the average monthly amount such new covered
institution was reimbursed under subsection (c) and
subsection (f) of section 17 of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1766) for meals
and supplements served by such new covered institution during the alternate period; minus
(ii) the amount such new covered institution was
reimbursed under such section for meals and supplements served by such new covered institution during
such reimbursement month.
(B) For each covered institution not described in
subparagraph (A) in the State for the reimbursement
month, an amount equal to 55 percent of—
(i) the amount such covered institution was
reimbursed under subsection (c) and subsection (f) of
section 17 of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1766) for meals and supplements
served by such covered institution during the month
beginning one year before such reimbursement month;
minus
(ii) the amount such covered institution was
reimbursed under such section for meals and supplements served by such covered institution during such
reimbursement month.
(C) For each new sponsoring organization of a family
or group day care home in the State for the reimbursement
month, an amount equal to 55 percent of—
(i) the average monthly amount such new sponsoring organization of a family or group day care home
was reimbursed under section 17(f)(3)(B) of the Richard
B. Russell National School Lunch Act (42 U.S.C.

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134 STAT. 2100

PUBLIC LAW 116–260—DEC. 27, 2020
1766(f)(3)(B)) for administrative funds for the alternate
period; minus
(ii) the amount such new sponsoring organization
of a family or group day care home was reimbursed
under such section for administrative funds for the
reimbursement month.
(D) For each sponsoring organization of a family or
group day care home not described in subparagraph (C)
in the State for the reimbursement month, an amount
equal to 55 percent of—
(i) the amount such sponsoring organization of a
family or group day care home was reimbursed under
section 17(f)(3)(B) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1766(f)(3)(B)) for administrative funds for the month beginning one year before
such reimbursement month; minus
(ii) the amount such sponsoring organization of
a family or group day care home was reimbursed under
such section for administrative funds for such
reimbursement month.
(4) SPECIAL RULES RELATING TO REIMBURSEMENT CALCULATION.—
(A) EFFECT OF NEGATIVE NUMBER.—If a subtraction
performed under subparagraph (A), (B), (C), or (D) of paragraph (3) results in a negative number, the reimbursement
amount calculated under such subparagraph shall equal
zero.
(B) SPECIAL TREATMENT OF MARCH, 2020.—In the case
of a reimbursement under subparagraph (A), (B), (C), or
(D) of paragraph (3) for the reimbursement month of
March, 2020, the reimbursement amount shall be equal
to the amount determined under such a subparagraph for
such month, divided by 2.
(5) TREATMENT OF FUNDS.—
(A) AVAILABILITY.—Funds allocated to a State under
paragraph (1)(A) shall remain available until September
30, 2021.
(B) UNAFFILIATED CENTER.—In the case of a covered
institution or a new covered institution that is an unaffiliated center that is sponsored by a sponsoring organization
and receives funds for a reimbursement month under
subparagraph (A) or (B) of paragraph (3), such unaffiliated
center shall provide to such sponsoring organization an
amount of such funds as agreed to by the sponsoring
organization and the unaffiliated center, except such
amount may not be greater be than 15 percent of such
funds.
(C) ADMINISTRATIVE EXPENSES.—A State may reserve
not more than 1 percent of the funds allocated under paragraph (1)(A) for administrative expenses to carry out this
subsection.
(D) UNEXPENDED BALANCE.—On March 31, 2022, any
amounts allocated to a State under paragraph (1)(A) or
reimbursed to a new covered institution, covered institution, new sponsoring organization of a family or group
day care home, or sponsoring organization of a family or
group day care home that are unexpended by such State,

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134 STAT. 2101

new covered institution, covered institution, new sponsoring organization of a family or group day care home,
or sponsoring organization of a family or group day care
home, shall revert to the Secretary.
(E) LIMITATION ON USE OF FUNDS.—Funds allocated
to a State under paragraph (1)(A) may only be made available to a new covered institution, covered institution, new
sponsoring organization of a family or group day care home,
or sponsoring organization of a family or group day care
home that—
(i) submits a claim to such State for meals, supplements, or administrative costs with respect to a month
occurring during the period beginning September 1,
2020 and ending December 31, 2020; or
(ii) provides an assurance to such State that the
new covered institution, covered institution, new sponsoring organization of a family or group day care home,
or sponsoring organization of a family or group day
care home will submit a claim to such State for meals,
supplements, or administrative costs with respect to
a month occurring within 90 days after the conclusion
of the public health emergency.
(6) REPORTS.—Each State that carries out a reimbursement
program under paragraph (3) shall, not later than March 31,
2022, submit a report to the Secretary that includes a summary
of the use of such funds by the State and each new covered
institution, covered institution, new sponsoring organization
of a family or group day care home, or sponsoring organization
of a family or group day care home.
(c) FUNDING.—There are appropriated to the Secretary, out
of any funds in the Treasury not otherwise appropriated, such
sums as are necessary to carry out this section.
(d) DEFINITIONS.—In this section:
(1) ALTERNATE PERIOD.—The term ‘‘alternate period’’ means
the period beginning January 1, 2020 and ending February
29, 2020.
(2) EMERGENCY OPERATIONAL COSTS.—The term ‘‘emergency
operational costs’’ means the costs incurred by a school food
authority or new school food authority—
(A) during a public health emergency;
(B) that are related to the ongoing operation, modified
operation, or temporary suspension of operation (including
administrative costs) of such school food authority or new
school food authority; and
(C) except as provided under subsection (a), that are
not reimbursed under a Federal grant.
(3) CHILD CARE OPERATIONAL EMERGENCY COSTS.—The term
‘‘child care operational emergency costs’’ means the costs under
the child and adult care food program under section 17 of
the Richard B. Russell National School Lunch Act (42 U.S.C.
1766) incurred by a new covered institution, covered institution,
new sponsoring organization of a family or group day care
home, or sponsoring organization of a family or group day
care home—
(A) during a public health emergency;
(B) that are related to the ongoing operation, modified
operation, or temporary suspension of operation (including

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134 STAT. 2102

PUBLIC LAW 116–260—DEC. 27, 2020
administrative costs) of such new covered institution, covered institution, new sponsoring organization of a family
or group day care home, sponsoring organization of a family
or group day care home, or sponsoring organization of
an unaffiliated center; and
(C) except as provided under subsection (b), that are
not reimbursed under a Federal grant.
(4) COVERED INSTITUTION.—The term ‘‘covered institution’’
means—
(A) an institution (as defined in section 17(a)(2) of
the Richard B. Russell National School Lunch Act (42
U.S.C. 1766(a)(2))); and
(B) a family or group day care home.
(5) NEW COVERED INSTITUTION.—The term ‘‘new covered
institution’’ means a covered institution for which no reimbursements were made for meals and supplements under section
17(c) or (f) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1766) with respect to the previous reimbursement period.
(6) NEW SCHOOL FOOD AUTHORITY.—The term ‘‘new school
food authority’’ means a school food authority for which no
reimbursements were made under the reimbursement sections
with respect to the previous reimbursement period.
(7) NEW SPONSORING ORGANIZATION OF A FAMILY OR GROUP
DAY CARE.—The term ‘‘new sponsoring organization of a family
or group day care’’ means a sponsoring organization of a family
or group day care home for which no reimbursements for
administrative funds were made under section 17(f)(3)(B) of
the Richard B. Russell National School Lunch Act (42 U.S.C.
1766(f)(3)(B)) for the previous reimbursement period.
(8) PREVIOUS REIMBURSEMENT PERIOD.—The term ‘‘previous
reimbursement period’’ means the period beginning March 1,
2019 and ending June 30, 2019.
(9) PUBLIC HEALTH EMERGENCY.—The term ‘‘public health
emergency’’ means a public health emergency declared pursuant
to section 319 of the Public Health Service Act (42 U.S.C.
247d) resulting from the COVID–19 pandemic or any renewal
of such declaration pursuant to such section 319.
(10) REIMBURSEMENT MONTH.—The term ‘‘reimbursement
month’’ means March 2020, April 2020, May 2020, and June
2020.
(11) REIMBURSEMENT SECTIONS.—The term ‘‘reimbursement
sections’’ means—
(A) section 4(b), section 11(a)(2), section 13, and section
17A(c) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1753(b); 42 U.S.C. 1759a(a)(2); 42 U.S.C.
1761; 42 U.S.C. 1766a(c)); and
(B) section 4 of the Child Nutrition Act (42 U.S.C.
1773).
(12) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Agriculture.
(13) STATE.— The term ‘‘State’’ has the meaning given
such term in section 12(d)(8) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1760(d)(8)).

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134 STAT. 2103

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SEC. 723. TASK FORCE ON SUPPLEMENTAL FOODS DELIVERY IN THE
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM.

(a) ESTABLISHMENT OF TASK FORCE.—Not later than 90 days
after the date of the enactment of this section, the Secretary shall
establish a task force on supplemental foods delivery in the special
supplemental nutrition program (in this section referred to as the
‘‘Task Force’’).
(b) MEMBERSHIP.—
(1) COMPOSITION.—The Task Force shall be composed of
at least 1 member but not more than 3 members appointed
by the Secretary from each of the following:
(A) Retailers of supplemental foods.
(B) Representatives of State agencies.
(C) Representatives of Indian State agencies.
(D) Representatives of local agencies.
(E) Technology companies with experience maintaining
the special supplemental nutrition program information
systems and technology, including management information systems or electronic benefit transfer services.
(F) Manufacturers of supplemental foods, including
infant formula.
(G) Participants in the special supplemental nutrition
program from diverse locations.
(H) Other organizations that have experience with and
knowledge of the special supplemental nutrition program.
(2) LIMITATION ON MEMBERSHIP.—The Task Force shall be
composed of not more than 20 members.
(c) DUTIES.—
(1) STUDY.—The Task Force shall study measures to
streamline the redemption of supplemental foods benefits that
promote convenience, safety, and equitable access to supplemental foods, including infant formula, for participants in the
special supplemental nutrition program, including—
(A) online and telephonic ordering and curbside pickup
of, and payment for, supplemental foods;
(B) online and telephonic purchasing of supplemental
foods;
(C) home delivery of supplemental foods;
(D) self checkout for purchases of supplemental foods;
and
(E) other measures that limit or eliminate consumer
presence in a physical store.
(2) REPORT BY TASK FORCE.—Not later than September
30, 2021, the Task Force shall submit to the Secretary a report
that includes—
(A) the results of the study required under paragraph
(1); and
(B) recommendations with respect to such results.
(3) REPORT BY SECRETARY.—Not later than 45 days after
receiving the report required under paragraph (2), the Secretary
shall—
(A) submit to Congress a report that includes—
(i) a plan with respect to carrying out the recommendations received by the Secretary in such report
under paragraph (2); and
(ii) an assessment of whether legislative changes
are necessary to carry out such plan; and

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Deadline.

Recommendations.

Plan.

Assessment.

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Notification.
Web posting.

PUBLIC LAW 116–260—DEC. 27, 2020

(B) notify the Task Force of the submission of the
report required under subparagraph (A).
(4) PUBLICATION.—The Secretary shall make publicly available on the website of the Department of Agriculture—
(A) the report received by the Secretary under paragraph (2); and
(B) the report submitted by the Secretary under paragraph (3)(A).
(d) TERMINATION.—The Task Force shall terminate on the date
the Secretary submits the report required under paragraph (3)(A).
(e) NONAPPLICABILITY OF FACA.—The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Task Force.
(f) DEFINITIONS.—In this section:
(1) LOCAL AGENCY.—The term ‘‘local agency’’ has the
meaning given the term in section 17(b) of the Child Nutrition
Act of 1966 (42 U.S.C. 1786(b)).
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Agriculture.
(3) SPECIAL SUPPLEMENTAL NUTRITION PROGRAM.—The term
‘‘special supplemental nutrition program’’ means the special
supplemental nutrition program under section 17 of the Child
Nutrition Act of 1966 (42 U.S.C. 1786).
(4) STATE AGENCY.—The term ‘‘State agency’’ has the
meaning given the term in section 17(b) of the Child Nutrition
Act of 1966 (42 U.S.C. 1786(b)).
(5) SUPPLEMENTAL FOODS.—The term ‘‘supplemental foods’’
has the meaning given the term in section 17(b) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(b)).
CHAPTER 4—OTHER MATTERS
SEC. 731. AGING AND DISABILITY SERVICES PROGRAMS.

For an additional amount for nutrition services under the Older
Americans Act of 1965, $175,000,000: Provided, That of the amount
made available under this heading in this Act, $168,000,000 shall
be for subparts 1 and 2 of part C of title III of such Act and
$7,000,000 shall be for nutrition services under title VI of such
Act: Provided further, That State matching requirements under
sections 304(d)(1)(D) and 309(b)(2) of such Act shall not apply
to funds made available under this heading.

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SEC. 732. NUTRITION SERVICES UNDER OLDER AMERICANS ACT.

(a) NUTRITION SERVICES TRANSFER CRITERIA.—With respect to
funds appropriated under paragraph (1) or (2) of section 303(b)
of the Older Americans Act of 1965 (42 U.S.C. 3023(b)) received
by a State for fiscal year 2021, the Secretary shall allow a State
agency or an area agency on aging, without prior approval, to
transfer not more than 100 percent of the funds received, notwithstanding the limitation on transfer authority provided in subparagraph (A) of section 308(b)(4) of the Older Americans Act of 1965
(42 U.S.C. 3028(b)(4)) and without regard to subparagraph (B)
of such section, by the State agency or area agency on aging,
respectively, and attributable to funds appropriated under paragraph (1) or (2) of section 303(b) of such Act, between subpart
1 and subpart 2 of part C (42 U.S.C. 3030d–2 et seq.) for such
use as the State agency or area agency on aging, respectively,
considers appropriate to meet the needs of the State or area served.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2105

(b) HOME-DELIVERED NUTRITION SERVICES WAIVER.—For purposes of determining eligibility for the delivery of nutrition services
under section 337 of the Older Americans Act of 1965 (42 U.S.C.
3030g), with funds received by a State under the Older Americans
Act of 1965 (42 U.S.C. 2001 et seq.) for fiscal 2021, the State
shall treat an older individual who is unable to obtain nutrition
because the individual is practicing social distancing due to the
public health emergency in the same manner as the State treats
an older individual who is homebound by reason of illness.
(c) DIETARY GUIDELINES WAIVER.—To facilitate implementation
of subparts 1 and 2 of part C of title III of the Older Americans
Act of 1965 (42 U.S.C. 3030d–2 et seq.), with funds received by
a State for fiscal year 2021, the Assistant Secretary for Aging
may waive, but continue to make every effort practicable to encourage the restoration of, the applicable requirements for meals provided under such subparts comply with the requirements of clauses
(i) and (ii) of section 339(2)(A) of such Act (42 U.S.C. 3030g–
21(2)(A)).

Determination.
42 USC 3030g
note.

Compliance.
42 USC
3030g–21 note.

Subtitle B—Agriculture
CHAPTER 1—AGRICULTURAL PROGRAMS

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SEC. 751. OFFICE OF THE SECRETARY.

Payments.

There is appropriated, out of any funds in the Treasury not
otherwise appropriated, for an additional amount for the ‘‘Office
of the Secretary’’, $11,187,500,000, to remain available until
expended, to prevent, prepare for, and respond to coronavirus by
providing support for agricultural producers, growers, and processors impacted by coronavirus, including producers and growers
of specialty crops, non-specialty crops, dairy, livestock, and poultry,
producers that supply local food systems, including farmers markets, restaurants, and schools, and growers who produce livestock
or poultry under a contract for another entity: Provided, That
from the amounts provided in this section, the Secretary of Agriculture shall make supplemental payments to producers of price
trigger crops for the 2020 crop year under section 9.202 of title
7, Code of Federal Regulations, on eligible acres of the crop, in
an amount equal to $20 per eligible acre: Provided further, That
from the amounts provided in this section, the Secretary of Agriculture shall make supplemental payments to producers of flatrate crops for the 2020 crop year under section 9.202 of title 7,
Code of Federal Regulations, on eligible acres of the crop, in an
amount equal to $20 per eligible acre: Provided further, That for
the purposes of determining the amount of eligible sales under
section 9.202(i) of title 7, Code of Federal Regulations, the Secretary
of Agriculture shall also include indemnities received under crop
insurance under the Federal Crop Insurance Act (7 U.S.C. 1501
et seq.) and payments made or calculated under the noninsured
crop disaster assistance program established by section 196 of the
Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7333) and the wildfire and hurricane indemnity plus program under
subpart O of part 760 of title 7, Code of Federal Regulations:
Provided further, That for the purposes of determining the amount
of eligible sales under section 9.202(i) of title 7, Code of Federal
Regulations, the Secretary of Agriculture may allow producers to

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Determination.

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Determination.

Determination.
Time period.

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Cotton.
Time periods.

Determination.

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substitute 2018 sales for such commodities for 2019 sales: Provided
further, That from the amounts provided in this section, the Secretary of Agriculture shall make payments to producers of livestock
or poultry (not including any packer (as defined in section 201
of the Packers and Stockyards Act, 1921 (7 U.S.C. 191)) or live
poultry dealer (as defined in section 2(a) of that Act (7 U.S.C.
182(a)))) for losses of livestock or poultry depopulated before the
date of enactment of this Act due to insufficient processing access,
based on 80 percent of the fair market value of any livestock
or poultry so depopulated, and for the cost of such depopulation
(other than costs for which the producer has been compensated
under the environmental quality incentives program under subchapter A of chapter 4 of subtitle D of title XII of the Food Security
Act of 1985 (16 U.S.C. 3839aa et seq.)): Provided further, That
in determining the cost of depopulation under the preceding proviso,
the Secretary of Agriculture may take into consideration whether
a producer has been compensated for the costs of such depopulation
by any State program: Provided further, That from the amounts
provided in this section, the Secretary of Agriculture shall make
payments to producers of cattle described in paragraphs (2), (3),
and (4) of section 9.102(i) of title 7, Code of Federal Regulations,
in an amount equal to the product obtained by multiplying the
number of such cattle in inventory during the time period specified
in paragraph (c)(2) of that section by 50 percent of the payment
rate calculated by subtracting the applicable CCC payment rate
specified in paragraph (h) of that section and the applicable payment rate specified in section 9.202(c) of that title from the
applicable CARES Act payment rate specified in section 9.102(h)
of that title: Provided further, That from the amounts provided
in this section, the Secretary of Agriculture shall make payments
to producers of cattle described in paragraphs (1) and (5) of section
9.102(i) of title 7, Code of Federal Regulations, in an amount equal
to the product obtained by multiplying the number of such cattle
in inventory during the time period specified in paragraph (c)(2)
of that section by 25 percent of the payment rate calculated by
subtracting the applicable CCC payment rate specified in paragraph
(h) of that section and the applicable payment rate specified in
section 9.202(c) of that title (if applicable) from the applicable
CARES Act payment rate specified in section 9.102(h) of that title:
Provided further, That from the amounts provided in this section,
the Secretary of Agriculture shall use not more than $1,000,000,000
to make payments to contract growers of livestock and poultry
to cover not more than 80 percent of revenue losses, as determined
by the Secretary of Agriculture, for the period beginning on January
1, 2020, and ending on the date of enactment of this Act: Provided
further, That from the amounts provided in this section, the Secretary of Agriculture shall use not less than $20,000,000 to improve
and maintain animal disease prevention and response capacity:
Provided further, That from the amounts provided in this section,
the Secretary of Agriculture shall make payments to domestic users
of upland cotton and extra-long staple cotton for the period beginning on March 1, 2020, and ending on December 31, 2020, in
an amount equal to the product obtained by multiplying 10 by
the product obtained by multiplying 6 cents per pound by the
average monthly consumption of the domestic user for the period
beginning on January 1, 2017, and ending on December 31, 2019:
Provided further, That notwithstanding paragraph (e) of section

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134 STAT. 2107

9.7 of title 7, Code of Federal Regulations (or any successor regulation), and subject to the availability of funds, taking into account
the requirements of the other provisos in this section, for purposes
of providing assistance under subparts B and C of part 9 of that
title, the Secretary of Agriculture shall make additional payments
to ensure that such assistance more closely aligns with the calculated gross payment or revenue losses of any person or entity,
except that such assistance shall not exceed the calculated gross
payment or 80 percent of the loss, as determined by the Secretary
of Agriculture, of any entity or persons, and that for the purposes
of determining income derived from farming, ranching, and forestry
under paragraph (d) of that section, the Secretary of Agriculture
shall broadly consider income derived from agricultural sales
(including gains), agricultural services, the sale of agricultural real
estate, and prior year net operating loss carryforward as such
income: Provided further, That from the amounts provided in this
section, the Secretary of Agriculture may provide support to processors for losses of crops due to insufficient processing access:
Provided further, That the Secretary of Agriculture may extend
the term of a marketing assistance loan authorized by section
1201 of the Agricultural Act of 2014 (7 U.S.C. 9031), notwithstanding section 1203(b) of that Act (7 U.S.C. 9033(b)), for any
loan commodity to 12 months: Provided further, That the authority
provided by the previous proviso shall expire on September 30,
2021: Provided further, That from the amounts provided in this
section, the Secretary of Agriculture shall use not less than
$1,500,000,000 to purchase food and agricultural products, including
seafood, to purchase and distribute agricultural products (including
fresh produce, dairy, and meat products) to individuals in need,
including through delivery to nonprofit organizations that can
receive, store, and distribute food items, and for grants and loans
to small or midsized food processors or distributors, seafood processing facilities and processing vessels, farmers markets, producers,
or other organizations to respond to coronavirus, including for measures to protect workers against the Coronavirus Disease 2019
(COVID–19): Provided further, That not later than 30 days after
the date of enactment of this Act and prior to issuing solicitations
for contracts under the previous proviso, the Secretary of Agriculture shall conduct a preliminary review of actions necessary
to improve COVID–19-related food purchasing, including reviewing
coordination, specifications, quality, and fairness of purchases,
including the distribution of purchased commodities, including the
fairness of food distribution, such as whether rural communities
received adequate support, the degree to which transportation costs
were sufficient to reach all areas, whether food safety was adequate
in the distribution of food, and the degree to which local purchases
of food were made: Provided further, That from the amounts provided in this section, the Secretary of Agriculture may use not
more than $200,000,000 to provide relief to timber harvesting and
timber hauling businesses that have, as a result of the COVID–
19 pandemic, experienced a loss of not less than 10 percent in
gross revenue during the period beginning on January 1, 2020,
and ending on December 1, 2020, as compared to the gross revenue
of that timber harvesting or hauling business during the same
period in 2019: Provided further, That in making direct support
payments in this section, the Secretary of Agriculture may take
into account price differentiation factors for each commodity based

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Extension.
Time period.

Expiration date.

Deadline.
Review.

Time period.

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Biofuels.

Loans.

PUBLIC LAW 116–260—DEC. 27, 2020

on specialized varieties, local markets, and farm practices, such
as certified organic farms (as defined in section 2103 of the Organic
Foods Production Act of 1990 (7 U.S.C. 6502)): Provided further,
That using amounts provided in this section, the Secretary of Agriculture may make payments to producers of advanced biofuel, biomass-based diesel, cellulosic biofuel, conventional biofuel, or renewable fuel (as such terms are defined in section 211(o)(1) of the
Clean Air Act (42 U.S.C. 7545(o)(1))) produced in the United States,
for unexpected market losses as a result of COVID–19: Provided
further, That the Secretary of Agriculture may make recourse loans
available to dairy product processors, packagers, or merchandisers
impacted by COVID–19: Provided further, That each reference in
this section to a section or other provision of the Code of Federal
Regulations shall be considered to be a reference to that section
or other provision as in effect on the date of enactment of this
Act.
SEC. 752. SPECIALTY CROP BLOCK GRANTS.

Due to the impacts of COVID–19 on specialty crops, there
is appropriated, out of any funds in the Treasury not otherwise
appropriated, for Specialty Crop Block Grants under section 101
of the Specialty Crops Competitiveness Act of 2004 (7 U.S.C. 1621
note; Public Law 108–465), $100,000,000, to remain available until
expended.
SEC. 753. LOCAL AGRICULTURE MARKET PROGRAM.

Due to the impacts that COVID–19 has had on many local
agriculture markets, there is appropriated, out of any funds in
the Treasury not otherwise appropriated, for the Local Agriculture
Market Program established under section 210A of the Agricultural
Marketing Act of 1946 (7 U.S.C. 1627c), $100,000,000, to remain
available until expended: Provided, That notwithstanding any other
provision of law, the Secretary of Agriculture may reduce the
amount of matching funds otherwise required under that section
210A to an amount not greater than 10 percent of the total amount
of the Federal funds obligated under this section only during the
public health emergency declared by the Secretary of Health and
Human Services under section 319 of the Public Health Service
Act (42 U.S.C. 247d) on January 31, 2020, with respect to COVID–
19 (or any renewal of that declaration): Provided further, That
such match may be an in-kind contribution.

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SEC. 754. FARMING OPPORTUNITIES TRAINING AND OUTREACH PROGRAM.

Due to the impacts of COVID–19 on certain producers, there
is appropriated, out of any funds in the Treasury not otherwise
appropriated, for the Farming Opportunities Training and Outreach
Program under section 2501 of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 2279), $75,000,000, to remain
available until expended: Provided, That notwithstanding any other
provision of law, the Secretary of Agriculture may reduce the
amount of matching funds otherwise required under that section
2501 to an amount not greater than 10 percent of the total amount
of the Federal funds obligated under this section only during the
public health emergency declared by the Secretary of Health and
Human Services under section 319 of the Public Health Service
Act (42 U.S.C. 247d) on January 31, 2020, with respect to COVID–
19 (or any renewal of that declaration): Provided further, That

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such match may be an in-kind contribution: Provided further, That
the Secretary of Agriculture may waive any maximum grant amount
otherwise applicable to grants provided using such amounts.

Waiver authority.

SEC. 755. GUS SCHUMACHER NUTRITION INCENTIVE PROGRAM.

There is appropriated, out of any funds in the Treasury not
otherwise appropriated, for the Gus Schumacher Nutrition Incentive
Program under section 4405 of the Food, Conservation, and Energy
Act of 2008 (7 U.S.C. 7517), $75,000,000, to remain available until
expended: Provided, That notwithstanding any other provision of
law, the Secretary of Agriculture may reduce the amount of
matching funds otherwise required under that section 4405 to an
amount not greater than 10 percent of the total amount of the
Federal funds obligated under this section only during the public
health emergency declared by the Secretary of Health and Human
Services under section 319 of the Public Health Service Act (42
U.S.C. 247d) on January 31, 2020, with respect to COVID–19 (or
any renewal of that declaration): Provided further, That such match
may be an in-kind contribution: Provided further, That the Secretary
of Agriculture may waive any maximum grant amount otherwise
applicable to grants provided under this section: Provided further,
That the Secretary of Agriculture may use such amounts to provide
additional funding to ongoing grants provided under such Program
before the date of enactment of this Act.
SEC. 756. RESEARCH.

Waiver authority.

7 USC 2254c.

There is appropriated, out of any funds in the Treasury not
otherwise appropriated, $20,000,000 for fiscal year 2021 and each
fiscal year thereafter for the Agricultural Research Service to
address gaps in nutrition research at the critical intersections of
responsive agriculture, quality food production, and human nutrition and health.
CHAPTER 2—SUPPORT FOR DAIRY, LIVESTOCK, AND
FARM STRESS
SEC. 760. DEFINITIONS.

In this chapter:
(1) The term ‘‘COVID–19’’ means the disease caused by
SARS–CoV–2, or any viral strain mutating therefrom with
pandemic potential.
(2) The term ‘‘COVID–19 public health emergency’’ means
the public health emergency declared by the Secretary of Health
and Human Services under section 319 of the Public Health
Service Act (42 U.S.C. 247d) on January 31, 2020, with respect
to COVID–19 (or any renewal of that declaration).
(3) The term ‘‘Secretary’’ means the Secretary of Agriculture.

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SEC. 761. SUPPLEMENTAL DAIRY MARGIN COVERAGE PAYMENTS.

7 USC 5936a
note.

7 USC 9056 note.

(a) IN GENERAL.—The Secretary shall provide supplemental
dairy margin coverage payments to participating eligible dairy operations described in subsection (b)(1) whenever the average actual
dairy production margin (as defined in section 1401 of the Agricultural Act of 2014 (7 U.S.C. 9051)) for a month is less than the
coverage level threshold selected by such eligible dairy operation
under section 1406 of that Act (7 U.S.C. 9056).
(b) ELIGIBLE DAIRY OPERATION DESCRIBED.—

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(1) IN GENERAL.—An eligible dairy operation described in
this subsection is a dairy operation that—
(A) is located in the United States; and
(B) during a calendar year in which such dairy operation is a participating dairy operation (as defined in section 1401 of the Agricultural Act of 2014 (7 U.S.C. 9051)),
has a production history established under the dairy
margin coverage program under section 1405 of the Agricultural Act of 2014 (7 U.S.C. 9055) of less than 5,000,000
pounds, as determined in accordance with subsection (c)
of such section 1405.
(2) LIMITATION ON ELIGIBILITY.—An eligible dairy operation
shall only be eligible for payments under this section during
a calendar year in which such eligible dairy operation is
enrolled in the dairy margin coverage (as defined in section
1401 of the Agricultural Act of 2014 (7 U.S.C. 9051)).
(c) SUPPLEMENTAL PRODUCTION HISTORY CALCULATION.—
(1) IN GENERAL.—For purposes of determining the supplemental production history of an eligible dairy operation under
this section, such dairy operation’s supplemental production
history shall be equal to 75 percent of the amount described
in paragraph (2) with respect to such dairy operation.
(2) AMOUNT.—The amount referred to in paragraph (1)
is, with respect to an eligible dairy operation, the amount
equal to—
(A) the production volume of such dairy operation for
the 2019 milk marketing year; minus
(B) the dairy margin coverage production history of
such dairy operation established under section 1405 of
the Agricultural Act of 2014 (7 U.S.C. 9055).
(d) COVERAGE PERCENTAGE.—
(1) IN GENERAL.—For purposes of calculating payments
to be issued under this section during a calendar year, an
eligible dairy operation’s coverage percentage shall be equal
to the coverage percentage selected by such eligible dairy operation with respect to such calendar year under section 1406
of the Agricultural Act of 2014 (7 U.S.C. 9056).
(2) 5 MILLION POUND LIMITATION.—
(A) IN GENERAL.—The Secretary shall not provide
supplemental dairy margin coverage on an eligible dairy
operation’s actual production for a calendar year such that
the total covered production history of such dairy operation
exceeds 5,000,000 pounds.
(B) DETERMINATION OF AMOUNT.—In calculating the
total covered production history of an eligible dairy operation under subparagraph (A), the Secretary shall multiply
the coverage percentage selected by such operation under
section 1406 of the Agricultural Act of 2014 (7 U.S.C.
9056) by the sum of—
(i) the supplemental production history calculated
under subsection (c) with respect to such dairy operation; and
(ii) the dairy margin coverage production history
described in subsection (c)(2)(B) with respect to such
dairy operation.

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134 STAT. 2111

(e) PREMIUM COST.—The premium cost for an eligible dairy
operation under this section for a calendar year shall be equal
to the product of multiplying—
(1) the Tier I premium cost calculated with respect to
such dairy operation for such year under section 1407(b) of
the Agricultural Act of 2014 (7 U.S.C. 9057(b)); by
(2) the supplemental production history with respect to
such dairy operation calculated under subsection (c) (such that
total covered production history does not exceed 5,000,000
pounds).
(f) REGULATIONS.—Not later than 45 days after the date of
the enactment of this section, the Secretary shall issue regulations
to carry out this section.
(g) PROHIBITION WITH RESPECT TO DAIRY MARGIN COVERAGE
ENROLLMENT.—
(1) IN GENERAL.—The Secretary may not reopen or otherwise provide a special enrollment for dairy margin coverage
(as defined in section 1401 of the Agricultural Act of 2014
(7 U.S.C. 9051)) for purposes of establishing eligibility for
supplemental dairy margin coverage payments under this section.
(2) CLARIFICATION WITH RESPECT TO SUPPLEMENTAL DAIRY
MARGIN COVERAGE PAYMENTS.—The Secretary may open a special enrollment for supplemental dairy margin coverage under
this section.
(h) APPLICATION FOR CALENDAR YEAR 2021.—The Secretary
shall make payments under this section to eligible dairy operations
described in subsection (b)(1) for months after and including
January, 2021.
(i) SUNSET.—The authority to make payments under this section shall terminate on December 31, 2023.
(j) FUNDING.—There is appropriated, out of any funds in the
Treasury not otherwise appropriated, to carry out this section such
sums as necessary, to remain available until the date specified
in subsection (i).

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SEC. 762. DAIRY DONATION PROGRAM.

7 USC 9071a.

(a) DEFINITIONS.—In this section:
(1) ELIGIBLE DAIRY ORGANIZATION.—The term ‘‘eligible dairy
organization’’ has the meaning given the term in section 1431(a)
of the Agricultural Act of 2014 (7 U.S.C. 9071(a)).
(2) ELIGIBLE DAIRY PRODUCT.—The term ‘‘eligible dairy
product’’ means a product primarily made from milk, including
fluid milk, that is produced and processed in the United States.
(3) ELIGIBLE DISTRIBUTOR.—The term ‘‘eligible distributor’’
means a public or private nonprofit organization that distributes donated eligible dairy products to recipient individuals
and families.
(4) ELIGIBLE PARTNERSHIP.—The term ‘‘eligible partnership’’
means a partnership between an eligible dairy organization
and an eligible distributor.
(b) ESTABLISHMENT AND PURPOSES.—Not later than 60 days
after the date of enactment of this Act, the Secretary shall establish
and administer a dairy donation program for the purposes of—
(1) facilitating the timely donation of eligible dairy products; and
(2) preventing and minimizing food waste.

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Deadline.

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Determination.

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(c) DONATION AND DISTRIBUTION PLANS.—
(1) IN GENERAL.—To be eligible to receive reimbursement
under subsection (d), an eligible partnership shall submit to
the Secretary a donation and distribution plan that describes
the process that the eligible partnership will use for the donation, processing, transportation, temporary storage, and distribution of eligible dairy products.
(2) REVIEW AND APPROVAL.—
(A) IN GENERAL.—Not later than 15 business days after
receiving a plan described in paragraph (1), the Secretary
shall—
(i) review that plan; and
(ii) issue an approval or disapproval of that plan.
(B)
EMERGENCY
AND
DISASTER-RELATED
PRIORITIZATION.—
(i) IN GENERAL.—In receiving and reviewing a
donation and distribution plan submitted under paragraph (1), the Secretary shall determine whether an
emergency or disaster was a substantial factor in the
submission, including—
(I) a declared or renewed public health emergency under section 319 of the Public Health
Service Act (42 U.S.C. 247d); and
(II) a disaster designated by the Secretary.
(ii) PRIORITY REVIEW.—On making an affirmative
determination under clause (i) with respect to a donation and distribution plan submitted under paragraph
(1), the Secretary shall give priority to the approval
or disapproval of that plan.
(d) REIMBURSEMENT.—
(1) IN GENERAL.—On receipt of appropriate documentation
under paragraph (3), the Secretary shall reimburse an eligible
dairy organization that is a member of an eligible partnership
for which the Secretary has approved a donation and distribution plan under subsection (c)(2)(A)(ii) at a rate equal to the
product obtained by multiplying—
(A) the current reimbursement price described in paragraph (2); and
(B) the volume of milk required to make the donated
eligible dairy product.
(2) REIMBURSEMENT PRICE.—The Secretary—
(A) shall set the reimbursement price referred to in
paragraph (1)(A) at a value that shall—
(i) be representative of the cost of the milk required
to make the donated eligible dairy product;
(ii) be between the lowest and highest of the class
I, II, III, or IV milk prices on the date of the production
of the eligible dairy product;
(iii) be sufficient to avoid food waste; and
(iv) not interfere with the commercial marketing
of milk or dairy products;
(B) may set appropriate reimbursement prices under
subparagraph (A) for different eligible dairy products by
class and region for the purpose of—
(i) encouraging the donation of surplus eligible
dairy products;
(ii) facilitating the orderly marketing of milk;

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134 STAT. 2113

(iii) reducing volatility relating to significant
market disruptions;
(iv) maintaining traditional price relationships
between classes of milk; or
(v) stabilizing on-farm milk prices.
(3) DOCUMENTATION.—
(A) IN GENERAL.—An eligible dairy organization shall
submit to the Secretary such documentation as the Secretary may require to demonstrate—
(i) the production of the eligible dairy product;
and
(ii) the donation of the eligible dairy product to
an eligible distributor.
(B) VERIFICATION.—The Secretary may verify the
accuracy of documentation submitted under subparagraph
(A).
(4)
RETROACTIVE
REIMBURSEMENT.—In
providing
reimbursements under paragraph (1), the Secretary may provide reimbursements for eligible dairy product costs incurred
before the date on which the donation and distribution plan
for the applicable participating partnership was approved by
the Secretary under subsection (c)(2)(A)(ii).
(5) EMERGENCY AND DISASTER-RELATED PRIORITIZATION.—
In providing reimbursements under paragraph (1), the Secretary shall give priority to reimbursements to eligible dairy
organizations covered by a donation and distribution plan for
which the Secretary makes an affirmative determination under
subsection (c)(2)(B)(i).
(e) PROHIBITION ON RESALE OF PRODUCTS.—
(1) IN GENERAL.—An eligible distributor that receives
eligible dairy products donated under this section may not
sell the eligible dairy products into commercial markets.
(2) PROHIBITION ON FUTURE PARTICIPATION.—An eligible
distributor that the Secretary determines has violated paragraph (1) shall not be eligible for any future participation
in the program established under this section.
(f) REVIEWS.—The Secretary shall conduct appropriate reviews
or audits to ensure the integrity of the program established under
this section.
(g) PUBLICATION OF DONATION ACTIVITY.—The Secretary, acting
through the Administrator of the Agricultural Marketing Service,
shall publish on the publicly accessible website of the Agricultural
Marketing Service periodic reports describing donation activity
under this section.
(h) SUPPLEMENTAL REIMBURSEMENTS.—
(1) IN GENERAL.—The Secretary shall make a supplemental
reimbursement to an eligible dairy organization that received
a reimbursement under the milk donation program established
under section 1431 of the Agricultural Act of 2014 (7 U.S.C.
9071) during the period beginning on January 1, 2020, and
ending on the date on which amounts made available under
subsection (i) are no longer available.
(2) REIMBURSEMENT CALCULATION.—A supplemental
reimbursement described in paragraph (1) shall be an amount
equal to—
(A) the reimbursement calculated under subsection (d);
minus

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Determination.

Web posting.
Reports.

Time period.

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PUBLIC LAW 116–260—DEC. 27, 2020

(B) the reimbursement under the milk donation program described in paragraph (1).
(i) FUNDING.—Out of any amounts of the Treasury not otherwise appropriated, there is appropriated to the Secretary to carry
out this section $400,000,000, to remain available until expended.
SEC. 763. ESTABLISHMENT OF TRUST FOR BENEFIT OF UNPAID CASH
SELLERS OF LIVESTOCK.

The Packers and Stockyards Act, 1921, is amended by inserting
after section 317 (7 U.S.C. 217a) the following new section:
‘‘SEC. 318. STATUTORY TRUST ESTABLISHED; DEALER.

7 USC 217b.

Determination.

Notice.
Deadlines.

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Deadline.

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‘‘(a) ESTABLISHMENT.—
‘‘(1) IN GENERAL.—All livestock purchased by a dealer in
cash sales and all inventories of, or receivables or proceeds
from, such livestock shall be held by such dealer in trust
for the benefit of all unpaid cash sellers of such livestock
until full payment has been received by such unpaid cash
sellers.
‘‘(2) EXEMPTION.—Any dealer whose average annual purchases of livestock do not exceed $100,000 shall be exempt
from the provisions of this section.
‘‘(3) EFFECT OF DISHONORED INSTRUMENTS.—For purposes
of determining full payment under paragraph (1), a payment
to an unpaid cash seller shall not be considered to have been
made if the unpaid cash seller receives a payment instrument
that is dishonored.
‘‘(b) PRESERVATION OF TRUST.—An unpaid cash seller shall
lose the benefit of a trust under subsection (a) if the unpaid cash
seller has not preserved the trust by giving written notice to the
dealer involved and filing such notice with the Secretary—
‘‘(1) within 30 days of the final date for making a payment
under section 409 in the event that a payment instrument
has not been received; or
‘‘(2) within 15 business days after the date on which the
seller receives notice that the payment instrument promptly
presented for payment has been dishonored.
‘‘(c) NOTICE TO LIEN HOLDERS.—When a dealer receives notice
under subsection (b) of the unpaid cash seller’s intent to preserve
the benefits of the trust, the dealer shall, within 15 business days,
give notice to all persons who have recorded a security interest
in, or lien on, the livestock held in such trust.
‘‘(d) CASH SALES DEFINED.—For the purpose of this section,
a cash sale means a sale in which the seller does not expressly
extend credit to the buyer.
‘‘(e) PURCHASE OF LIVESTOCK SUBJECT TO TRUST.—
‘‘(1) IN GENERAL.—A person purchasing livestock subject
to a dealer trust shall receive good title to the livestock if
the person receives the livestock—
‘‘(A) in exchange for payment of new value; and
‘‘(B) in good faith without notice that the transfer
is a breach of trust.
‘‘(2) DISHONORED PAYMENT INSTRUMENT.—Payment shall
not be considered to have been made if a payment instrument
given in exchange for the livestock is dishonored.
‘‘(3) TRANSFER IN SATISFACTION OF ANTECEDENT DEBT.—
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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2115

value if the transfer is in satisfaction of an antecedent debt
or to a secured party pursuant to a security agreement.
‘‘(f) ENFORCEMENT.—Whenever the Secretary has reason to
believe that a dealer subject to this section has failed to perform
the duties required by this section or whenever the Secretary has
reason to believe that it will be in the best interest of unpaid
cash sellers, the Secretary shall do one or more of the following—
‘‘(1) appoint an independent trustee to carry out the duties
required by this section, preserve trust assets, and enforce
the trust;
‘‘(2) serve as independent trustee, preserve trust assets,
and enforce the trust; or
‘‘(3) file suit in the United States district court for the
district in which the dealer resides to enjoin the dealer’s failure
to perform the duties required by this section, preserve trust
assets, and to enforce the trust. Attorneys employed by the
Secretary may, with the approval of the Attorney General,
represent the Secretary in any such suit. Nothing herein shall
preclude unpaid sellers from filing suit to preserve or enforce
the trust.’’.

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SEC. 764. GRANTS FOR IMPROVEMENTS TO MEAT AND POULTRY
FACILITIES TO ALLOW FOR INTERSTATE SHIPMENT.

Appointment.

21 USC 473.

(a) IN GENERAL.—The Secretary shall make grants to meat
and poultry slaughter and processing facilities described in subsection (b) (including such facilities operating under State inspection
or such facilities that are exempt from Federal inspection) to assist
such facilities with respect to costs incurred in making improvements to such facilities and carrying out other planning activities
necessary—
(1) to obtain a Federal grant of inspection under 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.), as applicable;
or
(2) to operate as a State-inspected facility that is compliant
with—
(A) the Federal Meat Inspection Act (21 U.S.C. 601
et seq.) under the cooperative interstate shipment program
established under section 501 of that Act (21 U.S.C. 683);
or
(B) the Poultry Products Inspection Act (21 U.S.C.
451 et seq.) under the cooperative interstate shipment program established under section 31 of that Act (21 U.S.C.
472).
(b) ELIGIBLE FACILITIES.—To be eligible for a grant under this
section, a meat or poultry slaughter or processing facility shall
be—
(1) in operation as of the date on which the facility submits
to the Secretary an application for the grant; and
(2) seeking—
(A) to obtain a Federal grant of inspection described
in subsection (a)(1); or
(B) to be eligible for inspection under a cooperative
interstate shipment program described in subparagraph
(A) or (B), as applicable, of subsection (a)(2), in a State
that participates in that program.

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134 STAT. 2116

Payments.
Deadline.

Requirement.

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(c) ELIGIBLE ACTIVITIES.—A facility that receives a grant under
this section may use the grant amount for—
(1) the modernization or expansion of existing facilities;
(2) the modernization of equipment;
(3) compliance with packaging and labeling requirements
under applicable law;
(4) compliance with safety requirements under applicable
law;
(5) the development of processes to ensure food safety;
and
(6) such other purposes as the Secretary determines to
be appropriate.
(d) GRANT REQUIREMENTS.—
(1) AMOUNT.—The amount of a grant under this section
shall not exceed $200,000.
(2) CONDITION.—As a condition of receiving a grant under
this section, a grant recipient shall agree that the grant
recipient shall make a payment (or payments) to the Secretary
in an amount equal to the amount of the grant if the recipient,
within 36 months of receiving such grant—
(A) as applicable—
(i) is not subject to inspection under 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.),
as applicable; or
(ii) is not eligible for inspection under a cooperative
interstate shipment program described in subparagraph (A) or (B), as applicable, of subsection (a)(2);
or
(B) is not making a good faith effort to be subject
to such inspection or to be eligible under such a cooperative
interstate shipment program, as applicable.
(3) MATCHING FUNDS.—
(A) IN GENERAL.—The Secretary shall require a
recipient of a grant under this section to provide matching
non-Federal funds in an amount equal to the amount of
the grant.
(B) EXCEPTION.—The Secretary shall not require any
recipient of a grant under this section to provide matching
funds with respect to a grant awarded in fiscal year 2021.
(e) REPORTS.—
(1) REPORTS ON GRANTS MADE.—Beginning not later than
1 year after the date on which the first grant is awarded
under this section, and continuing annually thereafter through
the year that is 10 years after the date on which the final
grant is awarded under this section, the Secretary shall submit
to the Committee on Agriculture and the Committee on Appropriations of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry and the Committee
on Appropriations of the Senate a report on grants made under
this section, including—
(A) any facilities that used a grant awarded under
this section to carry out eligible activities described in
subsection (c) during the year covered by the report; and
(B) the operational status of facilities that were
awarded grants under this section.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2117

(2) REPORT ON THE COOPERATIVE INTERSTATE SHIPMENT
PROGRAM.—Beginning not later than 1 year after the date of

Consultation.

the enactment of this section, the Secretary shall submit to
the Committee on Agriculture and the Committee on Appropriations of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry and the Committee on
Appropriations of the Senate a report describing any recommendations, developed in consultation with all States, for
possible improvements to the cooperative interstate shipment
programs under section 501 of the Federal Meat Inspection
Act (21 U.S.C. 683) and section 31 of the Poultry Products
Inspection Act (21 U.S.C. 472).
(f) FUNDING.—Of the funds of the Treasury not otherwise appropriated, there is appropriated to carry out this section $60,000,000
for the period of fiscal years 2021 through 2023, to remain available
until expended.
SEC. 765. MEAT AND POULTRY PROCESSING STUDY AND REPORT.

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(a) STUDY AND REPORT ON
ABILITY.—
(1) STUDY REQUIRED.—The

FINANCIAL ASSISTANCE AVAIL-

Secretary shall conduct a study
on the availability and effectiveness of—
(A) Federal loan programs, Federal loan guarantee
programs, and grant programs for which—
(i) facilities that slaughter or otherwise process
meat and poultry in the United States, which are
in operation and subject to inspection under 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.), as of the date of the enactment of this section,
and
(ii) entities seeking to establish such a facility
in the United States,
may be eligible; and
(B) Federal grant programs intended to support—
(i) business activities relating to increasing the
slaughter or processing capacity in the United States;
and
(ii) feasibility or marketing studies on the practicality and viability of specific new or expanded projects
to support additional slaughter or processing capacity
in the United States.
(2) REPORT TO CONGRESS.—Not later than 60 days after
the date of the enactment of this section, the Secretary, in
consultation with applicable Federal agencies, shall submit a
report to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate that includes the results of the study
required under paragraph (1).
(3) PUBLICATION.—Not later than 90 days after the date
of the enactment of this section, the Secretary shall make
publicly available on the website of the Food Safety and Inspection Service of the Department of Agriculture a list of each
loan program, loan guarantee program, and grant program
identified under paragraph (1).

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Consultation.

Public
information.
Web posting.
List.

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PUBLIC LAW 116–260—DEC. 27, 2020

(b) FUNDING.—There is appropriated, out of the funds of the
Treasury not otherwise appropriated, $2,000,000 to carry out this
section.
7 USC 5936a.

SEC. 766. SUPPORT FOR FARM STRESS PROGRAMS.

Grants.

(a) IN GENERAL.—The Secretary shall make grants to State
departments of agriculture (or such equivalent department) to
expand or sustain stress assistance programs for individuals who
are engaged in farming, ranching, and other agriculture-related
occupations, including—
(1) programs that meet the criteria specified in section
7522(b)(1) of the Food, Conservation, and Energy Act of 2008
(7 U.S.C. 5936(b)(1)); and
(2) any State initiatives carried out as of the date of the
enactment of this Act that provide stress assistance for such
individuals.
(b) GRANT TIMING AND AMOUNT.—In making grants under subsection (a), not later than 60 days after the date of the enactment
of this Act and subject to subsection (c), the Secretary shall—
(1) make awards to States submitting State plans that
meet the criteria specified in paragraph (1) of such subsection
within the time period specified by the Secretary; and
(2) of the amounts made available under subsection (f),
allocate among such States, an amount to be determined by
the Secretary, which in no case may exceed $500,000 for each
State.
(c) STATE PLAN.—
(1) IN GENERAL.—A State department of agriculture seeking
a grant under subsection (a) shall submit to the Secretary
a State plan to expand or sustain stress assistance programs
described in that subsection that includes—
(A) a description of each activity and the estimated
amount of funding to support each program and activity
carried out through such a program;
(B) an estimated timeline for the operation of each
such program and activity;
(C) the total amount of funding sought; and
(D) an assurance that the State department of agriculture will comply with the reporting requirement under
subsection (e).
(2) GUIDANCE.—Not later than 20 days after the date of
the enactment of this Act, the Secretary shall issue guidance
for States with respect to the submission of a State plan under
paragraph (1) and the allocation criteria under subsection (b).
(3) REALLOCATION.—If, after the first grants are awarded
pursuant to allocation under subsection (b), any funds made
available under subsection (f) to carry out this subsection
remain unobligated, the Secretary shall—
(A) inform States that submit plans as described in
subsection (b), of such availability; and
(B) reallocate such funds among such States, as the
Secretary determines to be appropriate and equitable.
(d) COLLABORATION.—The Secretary may issue guidance to
encourage State departments of agriculture to use funds provided
under this section to support programs described in subsection
(a) that are operated by—

Deadline.

Determination.

Timeline.

Deadline.

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Determination.

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(1) Indian tribes (as defined in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
5304));
(2) State cooperative extension services; and
(3) nongovernmental organizations.
(e) REPORTING.—Not later than 180 days after the COVID–
19 public health emergency ends, each State receiving additional
grants under subsection (b) shall submit a report to the Secretary
describing—
(1) the activities conducted using such funds;
(2) the amount of funds used to support each such activity;
and
(3) the estimated number of individuals served by each
such activity.
(f) FUNDING.—Out of the funds of the Treasury not otherwise
appropriated, there is appropriated to carry out this section
$28,000,000, to remain available until expended.
(g) STATE DEFINED.—In this section, the term ‘‘State’’ means—
(1) a State;
(2) the District of Columbia;
(3) the Commonwealth of Puerto Rico; and
(4) any other territory or possession of the United States.

Estimate.

TITLE VIII—UNITED STATES POSTAL
SERVICE
SEC. 801. COVID–19 FUNDING FOR THE UNITED STATES POSTAL
SERVICE.

Section 6001 of the CARES Act (39 U.S.C. 101 note; Public
Law 116–136) is amended—
(1) in the section heading, by striking ‘‘borrowing authority’’ and
inserting ‘‘funding’’;
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following:
‘‘(c) NO REPAYMENT REQUIRED.—Notwithstanding any other
provision of law, including subsection (b) of this section, or any
agreement entered into between the Secretary of the Treasury
and the Postal Service under that subsection, the Postal Service
shall not be required to repay the amounts borrowed under that
subsection.’’.

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SEC. 802. TEMPORARY ACCEPTANCE OF CERTAIN LOW-RISK POSTAL
SHIPMENTS.

Section 343(a)(3)(K)(vii) of the Trade Act of 2002 (19 U.S.C.
1415(a)(3)(K)(vii)) is amended—
(1) in subclause (I), by striking ‘‘subclause (II)’’ and
inserting ‘‘subclause (II) or (III)’’; and
(2) by adding at the end the following:
‘‘(III) Notwithstanding subclause (I), during the period
beginning on January 1, 2021, through March 15, 2021,
the Postmaster General may accept a shipment without
transmission of the information described in paragraphs
(1) and (2) if the Commissioner determines, or concurs
with the determination of the Postmaster General, that
the shipment presents a low risk of violating any relevant
United States statutes or regulations, including statutes

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134 STAT. 2120

PUBLIC LAW 116–260—DEC. 27, 2020
or regulations relating to the importation of controlled substances such as fentanyl and other synthetic opioids.’’.

TITLE IX—BROADBAND INTERNET
ACCESS SERVICE

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SEC. 901. AMENDMENTS TO THE SECURE AND TRUSTED COMMUNICATIONS NETWORK REIMBURSEMENT PROGRAM.

The Secure and Trusted Communications Networks Act of 2019
(47 U.S.C. 1601 et seq.) is amended—
(1) in section 4 (47 U.S.C. 1603)—
(A) in subsection (b)(1), by striking ‘‘2,000,000’’ and
inserting ‘‘10,000,000’’;
(B) in subsection (c)—
(i) in paragraph (1)(A)—
(I) in the matter preceding clause (i), by
striking ‘‘before’’;
(II) by amending clause (i) to read as follows:
‘‘(i) as defined in the Report and Order of the
Commission in the matter of Protecting Against
National Security Threats to the Communications
Supply Chain Through FCC Programs (FCC 19–121;
WC Docket No. 18–89; adopted November 22, 2019)
(in this section referred to as the ‘Report and Order’);
or’’; and
(III) by amending clause (ii) to read as follows:
‘‘(ii) as determined to be covered by both the
process of the Report and Order and the Designation
Orders of the Commission on June 30, 2020 (DA 20–
690; PS Docket No. 19–351; adopted June 30, 2020)
(DA 20–691; PS Docket No. 19–352; adopted June 30,
2020) (in this section collectively referred to as the
‘Designation Orders’);’’; and
(ii) in paragraph (2)(A), by amending clauses (i)
and (ii) to read as follows:
‘‘(i) publication of the Report and Order; or
‘‘(ii) in the case of covered communications equipment that only became covered pursuant to the Designation Orders, June 30, 2020; or’’;
(C) in subsection (d)(5)—
(i) in subparagraph (A), by striking ‘‘The Commission’’ and inserting ‘‘Subject to subparagraph (C), the
Commission’’; and
(ii) by adding at the end the following:
‘‘(C) PRIORITY FOR ALLOCATION.—On and after the date
of enactment of this subparagraph, the Commission shall
allocate sufficient reimbursement funds—
‘‘(i) first, to approved applicants that have
2,000,000 or fewer customers, for removal and replacement of covered communications equipment, as defined
in section 9 or as designated by the process set forth
in the Report and Order;
‘‘(ii) after funds have been allocated to all
applicants described in clause (i), to approved
applicants that are accredited public or private noncommercial educational institutions providing their

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2121

own facilities-based educational broadband service, as
defined in section 27.4 of title 47, Code of Federal
Regulations, or any successor regulation, for removal
and replacement of covered communications equipment, as defined in section 9 or as designated by
the process set forth in the Report and Order; and
‘‘(iii) after funds have been allocated to all
applicants described in clause (ii), to any remaining
approved applicants determined to be eligible for
reimbursement under the Program.’’; and
(D) by adding at the end the following:
‘‘(k) LIMITATION.—In carrying out this section, the Commission
may not expend more than $1,900,000,000.’’; and
(2) in section 9 (47 U.S.C. 1608), by amending paragraph
(10) to read as follows:
‘‘(10) PROVIDER OF ADVANCED COMMUNICATIONS SERVICE.—
The term ‘provider of advanced communications service’—
‘‘(A) means a person who provides advanced communications service to United States customers; and
‘‘(B) includes—
‘‘(i) accredited public or private noncommercial
educational institutions, providing their own facilitiesbased educational broadband service, as defined in section 27.4 of title 47, Code of Federal Regulations, or
any successor regulation; and
‘‘(ii) health care providers and libraries providing
advanced communications service.’’.

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SEC. 902. CONNECTING MINORITY COMMUNITIES.

47 USC 1306.

(a) DEFINITIONS.—In this section:
(1) ANCHOR COMMUNITY.—
(A) IN GENERAL.—The term ‘‘anchor community’’ means
any area that—
(i) except as provided in subparagraph (B), is not
more than 15 miles from a historically Black college
or university, a Tribal College or University, or a
Minority-serving institution; and
(ii) has an estimated median annual household
income of not more than 250 percent of the poverty
line, as that term is defined in section 673(2) of the
Community Services Block Grant Act (42 U.S.C.
9902(2)).
(B) CERTAIN TRIBAL COLLEGES OR UNIVERSITIES.—With
respect to a Tribal College or University that is located
on land held in trust by the United States, the Assistant
Secretary, in consultation with the Secretary of the Interior,
may establish a different maximum distance for the purposes of subparagraph (A)(i) if the Assistant Secretary is
able to ensure that, in establishing that different maximum
distance, each anchor community that is established as
a result of that action is statistically comparable to other
anchor communities described in subparagraph (A).
(2) ASSISTANT SECRETARY.—The term ‘‘Assistant Secretary’’
means the Assistant Secretary of Commerce for Communications and Information.
(3) BROADBAND INTERNET ACCESS SERVICE.—The term
‘‘broadband internet access service’’ has the meaning given

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134 STAT. 2122

PUBLIC LAW 116–260—DEC. 27, 2020
the term in section 8.1(b) of title 47, Code of Federal Regulations, or any successor regulation.
(4) COMMISSION.—The term ‘‘Commission’’ means the Federal Communications Commission.
(5) CONNECTED DEVICE.—The term ‘‘connected device’’
means a laptop computer, tablet computer, or similar device
that is capable of connecting to broadband internet access
service.
(6) DIRECTOR.—The term ‘‘Director’’ means the Director
of the Office.
(7) ELIGIBLE EQUIPMENT.—The term ‘‘eligible equipment’’
means—
(A) a Wi-Fi hotspot;
(B) a modem;
(C) a router;
(D) a device that combines a modem and router;
(E) a connected device; or
(F) any other equipment used to provide access to
broadband internet access service.
(8) ELIGIBLE RECIPIENT.—The term ‘‘eligible recipient’’
means—
(A) a historically Black college or university;
(B) a Tribal College or University;
(C) a Minority-serving institution; or
(D) a consortium that is led by a historically Black
college or university, a Tribal College or University, or
a Minority-serving institution and that also includes—
(i) a minority business enterprise; or
(ii) an organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt
from tax under section 501(a) of such Code.
(9) HISTORICALLY BLACK COLLEGE OR UNIVERSITY.—The
term ‘‘historically Black college or university’’ has the meaning
given the term ‘‘part B institution’’ in section 322 of the Higher
Education Act of 1965 (20 U.S.C. 1061).
(10) MINORITY-SERVING INSTITUTION.—The term ‘‘Minorityserving institution’’ means any of the following:
(A) An Alaska Native-serving institution, as that term
is defined in section 317(b) of the Higher Education Act
of 1965 (20 U.S.C. 1059d(b)).
(B) A Native Hawaiian-serving institution, as that term
is defined in section 317(b) of the Higher Education Act
of 1965 (20 U.S.C. 1059d(b)).
(C) A Hispanic-serving institution, as that term is
defined in section 502(a) of the Higher Education Act of
1965 (20 U.S.C. 1101a(a)).
(D) A Predominantly Black institution, as that term
is defined in section 371(c) of the Higher Education Act
of 1965 (20 U.S.C. 1067q(c)).
(E) An Asian American and Native American Pacific
Islander-serving institution, as that term is defined in section 320(b) of the Higher Education Act of 1965 (20 U.S.C.
1059g(b)).
(F) A Native American-serving, nontribal institution,
as that term is defined in section 319(b) of the Higher
Education Act of 1965 (20 U.S.C. 1059f(b)).

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2123

(11) MINORITY BUSINESS ENTERPRISE.—The term ‘‘minority
business enterprise’’ has the meaning given the term in section
1400.2 of title 15, Code of Federal Regulations, or any successor
regulation.
(12) OFFICE.—The term ‘‘Office’’ means the Office of
Minority Broadband Initiatives established pursuant to subsection (b)(1).
(13) PILOT PROGRAM.—The term ‘‘Pilot Program’’ means
the Connecting Minority Communities Pilot Program established under the rules promulgated by the Assistant Secretary
under subsection (c)(1).
(14) TRIBAL COLLEGE OR UNIVERSITY.—The term ‘‘Tribal
College or University’’ has the meaning given the term in
section 316(b) of the Higher Education Act of 1965 (20 U.S.C.
1059c(b)).
(15) WI-FI.—The term ‘‘Wi-Fi’’ means a wireless networking
protocol based on Institute of Electrical and Electronics Engineers standard 802.11, or any successor standard.
(16) WI-FI HOTSPOT.—The term ‘‘Wi-Fi hotspot’’ means a
device that is capable of—
(A) receiving broadband internet access service; and
(B) sharing broadband internet access service with
another device through the use of Wi-Fi.
(b) OFFICE OF MINORITY BROADBAND INITIATIVES.—
(1) ESTABLISHMENT.—Not later than 180 days after the
date of enactment of this Act, the Assistant Secretary shall
establish within the National Telecommunications and Information Administration the Office of Minority Broadband Initiatives.
(2) DIRECTOR.—The Office shall be headed by the Director
of the Office of Minority Broadband Initiatives, who shall be
appointed by the Assistant Secretary.
(3) DUTIES.—The Office, acting through the Director,
shall—
(A) collaborate with Federal agencies that carry out
broadband internet access service support programs to
determine how to expand access to broadband internet
access service and other digital opportunities in anchor
communities;
(B) collaborate with State, local, and Tribal governments, historically Black colleges or universities, Tribal
Colleges or Universities, Minority-serving institutions, and
stakeholders in the communications, education, business,
and technology fields to—
(i) promote—
(I) initiatives relating to broadband internet
access service connectivity for anchor communities;
and
(II) digital opportunities for anchor communities;
(ii) develop recommendations to promote the rapid,
expanded deployment of broadband internet access
service to unserved historically Black colleges or
universities, Tribal Colleges or Universities, Minorityserving institutions, and anchor communities,
including to—

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134 STAT. 2124

PUBLIC LAW 116–260—DEC. 27, 2020
(I) students, faculty, and staff of historically
Black colleges or universities, Tribal Colleges or
Universities, and Minority-serving institutions;
and
(II) senior citizens and veterans who live in
anchor communities;
(iii) promote activities that would accelerate the
adoption of broadband internet access service
(including any associated equipment or personnel necessary to access and use that service, such as modems,
routers, devices that combine a modem and a router,
Wi-Fi hotspots, and connected devices)—
(I) by students, faculty, and staff of historically
Black colleges or universities, Tribal Colleges or
Universities, and Minority-serving institutions;
and
(II) within anchor communities;
(iv) upon request, provide assistance to historically
Black colleges or universities, Tribal Colleges or
Universities, Minority-serving institutions, and leaders
from anchor communities with respect to navigating
Federal programs dealing with broadband internet
access service;
(v) promote digital literacy skills, including by providing opportunities for virtual or in-person digital literacy training and education;
(vi) promote professional development opportunity
partnerships between industry and historically Black
colleges or universities, Tribal Colleges or Universities,
and Minority-serving institutions to help ensure that
information technology personnel and students of
historically Black colleges or universities, Tribal Colleges or Universities, and Minority-serving institutions
have the skills needed to work with new and emerging
technologies with respect to broadband internet access
service; and
(vii) explore how to leverage investment in infrastructure with respect to broadband internet access
service to—
(I) expand connectivity with respect to that
service in anchor communities and by students,
faculty, and staff of historically Black colleges or
universities, Tribal Colleges or Universities, and
Minority-serving institutions;
(II) encourage investment in communities that
have been designated as qualified opportunity
zones under section 1400Z–1 of the Internal Revenue Code of 1986; and
(III) serve as a catalyst for adoption of that
service, so as to promote job growth and economic
development and deployment of advanced technologies; and
(C) assume any functions carried out under the
Minority Broadband Initiative of the National Telecommunications and Information Administration, as of the
day before the date of enactment of this Act.
(4) REPORTS.—

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2125

(A) IN GENERAL.—Not later than 1 year after the date
on which the Assistant Secretary establishes the Office
under paragraph (1), and annually thereafter, the Assistant
Secretary shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that—
(i) for the year covered by the report, details the
work of the Office in expanding access to fixed and
mobile broadband internet access service—
(I) at historically Black colleges or universities,
Tribal Colleges or Universities, and Minorityserving institutions, including by expanding that
access to students, faculty, and staff of historically
Black colleges or universities, Tribal Colleges or
Universities, and Minority-serving institutions;
and
(II) within anchor communities; and
(ii) identifies barriers to providing access to
broadband internet access service—
(I) at historically Black colleges or universities,
Tribal Colleges or Universities, and Minorityserving institutions, including to students, faculty,
and staff of historically Black colleges or universities, Tribal Colleges or Universities, and
Minority-serving institutions; and
(II) within anchor communities.
(B) PUBLIC AVAILABILITY.—Not later than 30 days after
the date on which the Assistant Secretary submits a report
under subparagraph (A), the Assistant Secretary shall, to
the extent feasible, make that report publicly available.
(c) CONNECTING MINORITY COMMUNITIES PILOT PROGRAM.—
(1) RULES REQUIRED.—
(A) IN GENERAL.—Not later than 45 days after the
date of enactment of this Act, the Assistant Secretary shall
promulgate rules establishing the Connecting Minority
Communities Pilot Program, the purpose of which shall
be to provide grants to eligible recipients in anchor communities for the purchase of broadband internet access service
or any eligible equipment, or to hire and train information
technology personnel—
(i) in the case of an eligible recipient described
in subparagraph (A), (B), or (C) of subsection (a)(8),
to facilitate educational instruction and learning,
including through remote instruction;
(ii) in the case of an eligible recipient described
in subsection (a)(8)(D)(i), to operate the minority business enterprise; or
(iii) in the case of an eligible recipient described
in subsection (a)(8)(D)(ii), to operate the organization.
(B) CONTENT.—The rules promulgated under subparagraph (A) shall—
(i) establish a method for identifying which eligible
recipients in anchor communities have the greatest
unmet financial needs;
(ii) ensure that grants under the Pilot Program
are made—

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134 STAT. 2126

PUBLIC LAW 116–260—DEC. 27, 2020
(I) to eligible recipients identified under the
method established under clause (i); and
(II) in a manner that best achieves the purposes of the Pilot Program;
(iii) require that an eligible recipient described
in subparagraph (A), (B), or (C) of subsection (a)(8)
that receives a grant to provide broadband internet
access service or eligible equipment to students
prioritizes students who—
(I) are eligible to receive a Federal Pell Grant
under section 401 of the Higher Education Act
of 1965 (20 U.S.C. 1070a);
(II) are recipients of any other need-based
financial aid from the Federal Government, a
State, or that eligible recipient;
(III) are qualifying low-income consumers for
the purposes of the program carried out under
subpart E of part 54 of title 47, Code of Federal
Regulations, or any successor regulations;
(IV) are low-income individuals, as that term
is defined in section 312(g) of the Higher Education
Act of 1965 (20 U.S.C. 1058(g)); or
(V) have been approved to receive unemployment insurance benefits under any Federal or
State law since March 1, 2020;
(iv) provide that a recipient of a grant under the
Pilot Program—
(I) shall use eligible equipment for a purpose
that the recipient considers to be appropriate, subject to any restriction provided in those rules (or
any successor rules);
(II) if the recipient lends, or otherwise provides, eligible equipment to students or patrons,
shall prioritize lending or providing to such
individuals that the recipient believes do not have
access to that equipment, subject to any restriction
provided in those rules (or any successor rules);
and
(III) may not sell or otherwise transfer eligible
equipment in exchange for any thing (including
a service) of value;
(v) include audit requirements that—
(I) ensure that a recipient of a grant made
under the Pilot Program uses grant funds in
compliance with the requirements of this section
and the overall purpose of the Pilot Program; and
(II) prevent waste, fraud, and abuse in the
operation of the Pilot Program;
(vi) provide that not less than 40 percent of the
amount of the grants made under the Pilot Program
are made to Historically Black colleges or universities;
and
(vii) provide that not less than 20 percent of the
amount of the grants made under the Pilot Program
are made to eligible recipients described in subparagraphs (A), (B), and (C) of subsection (a)(8) to provide

Requirement.

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Audit.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2127

broadband internet access service or eligible equipment
to students of those eligible recipients.
(2) FUND.—
(A) ESTABLISHMENT.—There is established in the
Treasury of the United States a fund to be known as
the Connecting Minority Communities Fund.
(B) USE OF FUND.—Amounts in the Connecting
Minority Communities Fund established under subparagraph (A) shall be available to the Assistant Secretary
to provide support under the rules promulgated under paragraph (1).
(3) INTERAGENCY COORDINATION.—When making grants
under the Pilot Program, the Assistant Secretary shall coordinate with other Federal agencies, including the Commission,
the National Science Foundation, and the Department of Education, to ensure the efficient expenditure of Federal funds,
including by preventing multiple expenditures of Federal funds
for the same purpose.
(4) AUDITS.—
(A) IN GENERAL.—For each of fiscal years 2021 and
2022, the Inspector General of the Department of Commerce shall conduct an audit of the Pilot Program according
to the requirements established under paragraph (1)(B)(v).
(B) REPORT.—After completing each audit conducted
under subparagraph (A), the Inspector General of the
Department of Commerce shall submit to the Committee
on Commerce, Science, and Transportation of the Senate
and the Committee on Energy and Commerce of the House
of Representatives a report that details the findings of
the audit.
(5) DIRECT APPROPRIATION.—There is appropriated, out of
amounts in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 2021, to remain available
until expended, $285,000,000 to the Connecting Minority
Communities Fund established under paragraph (2).
(6) TERMINATION.—Except with respect to the report
required under paragraph (7) and the authority of the Secretary
of Commerce and the Inspector General of the Department
of Commerce described in paragraph (8), the Pilot Program,
including all reporting requirements under this section, shall
terminate on the date on which the amounts made available
to carry out the Pilot Program are fully expended.
(7) REPORT.—Not later than 90 days after the date on
which the Pilot Program terminates under paragraph (6), the
Assistant Secretary, after consulting with eligible recipients
that received grants under the Pilot Program, shall submit
to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Energy and Commerce
of the House of Representatives a report that—
(A) describes the manner in which the Pilot Program
was carried out;
(B) identifies each eligible recipient that received a
grant under the Pilot Program; and
(C) contains information regarding the effectiveness
of the Pilot Program, including lessons learned in carrying
out the Pilot Program and recommendations for future
action.

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PUBLIC LAW 116–260—DEC. 27, 2020
(8) SAVINGS PROVISION.—The termination of the Pilot Program under paragraph (6) shall not limit, alter, or affect the
ability of the Secretary of Commerce or the Inspector General
of the Department of Commerce to—
(A) investigate waste, fraud, and abuse with respect
to the Pilot Program; or
(B) recover funds that are misused under the Pilot
Program.

47 USC 254 note.

Transfer
authority.

Deadline.
Time period.

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Deadline.

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SEC. 903. FCC COVID–19 TELEHEALTH PROGRAM.

(a) DEFINITIONS.—In this section—
(1) the term ‘‘appropriate congressional committees’’
means—
(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
(B) the Committee on Energy and Commerce of the
House of Representatives;
(2) the term ‘‘Commission’’ means the Federal Communications Commission; and
(3) the term ‘‘COVID–19 Telehealth Program’’ or ‘‘Program’’
means the COVID–19 Telehealth Program established by the
Commission under the authority provided under the heading
‘‘SALARIES AND EXPENSES’’ under the heading ‘‘FEDERAL COMMUNICATIONS COMMISSION’’ under the heading ‘‘INDEPENDENT
AGENCIES’’ in title V of division B of the CARES Act (Public
Law 116–136; 134 Stat. 531).
(b) ADDITIONAL APPROPRIATION.—Out of amounts in the
Treasury not otherwise appropriated, there is appropriated
$249,950,000 in additional funds for the COVID–19 Telehealth Program, of which $50,000 shall be transferred by the Commission
to the Inspector General of the Commission for oversight of the
COVID–19 Telehealth Program.
(c) ADMINISTRATIVE PROVISIONS.—
(1) EVALUATION OF APPLICATIONS.—
(A) PUBLIC NOTICE.—Not later than 10 days after the
date of enactment of this Act, the Commission shall issue
a Public Notice establishing a 10-day period during which
the Commission will seek comments on—
(i) the metrics the Commission should use to
evaluate applications for funding under this section;
and
(ii) how the Commission should treat applications
filed during the funding rounds for awards from the
COVID-19 Telehealth Program using amounts appropriated under the CARES Act (Public Law 116–36;
134 Stat. 281).
(B) CONGRESSIONAL NOTICE.—After the end of the comment period under subparagraph (A), and not later than
15 days before the Commission first commits funds under
this section, the Commission shall provide notice to the
appropriate congressional committees of the metrics the
Commission plans to use to evaluate applications for those
funds.
(2) EQUITABLE DISTRIBUTION.—To the extent feasible, the
Commission shall ensure, in providing assistance under the
COVID–19 Telehealth Program from amounts made available
under subsection (b), that not less than 1 applicant in each

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of the 50 States and the District of Columbia has received
funding from the Program since the inception of the Program,
unless there is no such applicant eligible for such assistance
in a State or in the District of Columbia, as the case may
be.
(3) PREVIOUS APPLICANTS.—The Commission shall allow
an applicant who filed an application during the funding rounds
for awards from the COVID–19 Telehealth Program using
amounts appropriated under the CARES Act (Public Law 11636; 134 Stat. 281) the opportunity to update or amend that
application as necessary.
(4) INFORMATION.—To the extent feasible, the Commission
shall provide each applicant for funding from the COVID–
19 Telehealth Program, if requested, with—
(A) information on the status of the application; and
(B) a rationale for the final funding decision for the
application, after making that decision.
(5) DENIAL.—If the Commission chooses to deny an application for funding from the COVID–19 Telehealth Program, the
Commission shall—
(A) issue notice to the applicant of the intent of the
Commission to deny the application and the grounds for
that decision;
(B) provide the applicant with 10 days to submit any
supplementary information that the applicant determines
relevant; and
(C) consider any supplementary information submitted
under subparagraph (B) in making any final decision with
respect to the application.
(d) REPORT TO CONGRESS.—Not later than 90 days after the
date of enactment of this Act, and every 30 days thereafter until
all funds made available under this section have been expended,
the Commission shall submit to the appropriate congressional
committees a report on the distribution of funds appropriated for
the COVID–19 Telehealth Program under the CARES Act (Public
Law 116–36; 134 Stat. 281) or under this section, which shall
include—
(1) non-identifiable and aggregated data on deficient and
rejected applications;
(2) non-identifiable and aggregated data on applications
for which no award determination was made;
(3) information on the total number of applicants;
(4) information on the total dollar amount of requests for
awards made under this section; and
(5) information on applicant outreach and technical assistance.
(e) PAPERWORK REDUCTION ACT REQUIREMENTS.—A collection
of information conducted or sponsored under any regulations
required to implement this section shall not constitute a collection
of information for the purposes of subchapter I of chapter 35 of
title 44, United States Code (commonly referred to as the ‘‘Paperwork Reduction Act’’).
SEC. 904. BENEFIT FOR BROADBAND SERVICE DURING EMERGENCY
PERIOD RELATING TO COVID–19.

Notice.

Deadline.

47 USC 1301
note.

(a) DEFINITIONS.—In this section:

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134 STAT. 2130

PUBLIC LAW 116–260—DEC. 27, 2020
(1) BROADBAND INTERNET ACCESS SERVICE.—The term
‘‘broadband internet access service’’ has the meaning given
such term in section 8.1(b) of title 47, Code of Federal Regulations, or any successor regulation.
(2) BROADBAND PROVIDER.—The term ‘‘broadband provider’’
means a provider of broadband internet access service.
(3) COMMISSION.—The term ‘‘Commission’’ means the Federal Communications Commission.
(4) CONNECTED DEVICE.—The term ‘‘connected device’’
means a laptop or desktop computer or a tablet.
(5) DESIGNATED AS AN ELIGIBLE TELECOMMUNICATIONS CARRIER.—The term ‘‘designated as an eligible telecommunications
carrier’’, with respect to a broadband provider, means the
broadband provider is designated as an eligible telecommunications carrier under section 214(e) of the Communications
Act of 1934 (47 U.S.C. 214(e)).
(6) ELIGIBLE HOUSEHOLD.—The term ‘‘eligible household’’
means, regardless of whether the household or any member
of the household receives support under subpart E of part
54 of title 47, Code of Federal Regulations (or any successor
regulation), and regardless of whether any member of the
household has any past or present arrearages with a broadband
provider, a household in which—
(A) at least one member of the household meets the
qualifications in subsection (a) or (b) of section 54.409
of title 47, Code of Federal Regulations (or any successor
regulation);
(B) at least one member of the household has applied
for and been approved to receive benefits under the free
and reduced price lunch program under the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751 et seq.)
or the school breakfast program under section 4 of the
Child Nutrition Act of 1966 (42 U.S.C. 1773);
(C) at least one member of the household has experienced a substantial loss of income since February 29, 2020,
that is documented by layoff or furlough notice, application
for unemployment insurance benefits, or similar documentation or that is otherwise verifiable through the
National Verifier or National Lifeline Accountability Database;
(D) at least one member of the household has received
a Federal Pell Grant under section 401 of the Higher
Education Act of 1965 (20 U.S.C. 1070a) in the current
award year, if such award is verifiable through the National
Verifier or National Lifeline Accountability Database or
the participating provider verifies eligibility under subsection (a)(2)(B); or
(E) at least one member of the household meets the
eligibility criteria for a participating provider’s existing
low-income or COVID–19 program, subject to the requirements of subsection (a)(2)(B) and any other eligibility
requirements the Commission may consider necessary for
the public interest.
(7) EMERGENCY BROADBAND BENEFIT.—The term ‘‘emergency broadband benefit’’ means a monthly discount for an
eligible household applied to the actual amount charged to
such household, which shall be no more than the standard

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rate for an internet service offering and associated equipment,
in an amount equal to such amount charged, but not more
than $50, or, if an internet service offering is provided to
an eligible household on Tribal land, not more than $75.
(8) EMERGENCY PERIOD.—The term ‘‘emergency period’’
means the period that—
(A) begins on the date of the enactment of this Act;
and
(B) ends on the date that is 6 months after the date
on which the determination by the Secretary of Health
and Human Services pursuant to section 319 of the Public
Health Service Act (42 U.S.C. 247d) that a public health
emergency exists as a result of COVID–19, including any
renewal thereof, terminates.
(9) INTERNET SERVICE OFFERING.—The term ‘‘internet
service offering’’ means, with respect to a broadband provider,
broadband internet access service provided by such provider
to a household, offered in the same manner, and on the same
terms, as described in any of such provider’s offerings for
broadband internet access service to such household, as on
December 1, 2020.
(10) NATIONAL LIFELINE ACCOUNTABILITY DATABASE.—The
term ‘‘National Lifeline Accountability Database’’ has the
meaning given such term in section 54.400 of title 47, Code
of Federal Regulations (or any successor regulation).
(11) NATIONAL VERIFIER.—The term ‘‘National Verifier’’ has
the meaning given such term in section 54.400 of title 47,
Code of Federal Regulations, or any successor regulation.
(12) PARTICIPATING PROVIDER.—The term ‘‘participating
provider’’ means a broadband provider that—
(A)(i) is designated as an eligible telecommunications
carrier; or
(ii) meets requirements established by the Commission
for participation in the Emergency Broadband Benefit Program and is approved by the Commission under subsection
(d)(2); and
(B) elects to participate in the Emergency Broadband
Benefit Program.
(13) STANDARD RATE.—The term ‘‘standard rate’’ means
the monthly retail rate for the applicable tier of broadband
internet access service as of December 1, 2020, excluding any
taxes or other governmental fees.
(b) EMERGENCY BROADBAND BENEFIT PROGRAM.—
(1) ESTABLISHMENT.—The Commission shall establish a
program, to be known as the ‘‘Emergency Broadband Benefit
Program’’, under which the Commission shall, in accordance
with this section, reimburse, using funds from the Emergency
Broadband Connectivity Fund established in subsection (i), a
participating provider for an emergency broadband benefit, or
an emergency broadband benefit and a connected device, provided to an eligible household during the emergency period.
(2) VERIFICATION OF ELIGIBILITY.—To verify whether a
household is an eligible household, a participating provider
shall—
(A) use the National Verifier or National Lifeline
Accountability Database;

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(B) rely upon an alternative verification process of
the participating provider, if—
(i) the participating provider submits information
as required by the Commission regarding the alternative verification process prior to seeking reimbursement; and
(ii) not later than 7 days after receiving the
information required under clause (i), the Commission—
(I) determines that the alternative verification
process will be sufficient to avoid waste, fraud,
and abuse; and
(II) notifies the participating provider of the
determination under subclause (I); or
(C) rely on a school to verify the eligibility of a household based on the participation of the household in the
free and reduced price lunch program or the school breakfast program described in subsection (a)(6)(B).
(3) USE OF NATIONAL VERIFIER AND NATIONAL LIFELINE
ACCOUNTABILITY DATABASE.—The Commission shall—
(A) expedite the ability of all participating providers
to access the National Verifier and National Lifeline
Accountability Database for purposes of determining
whether a household is an eligible household, without
regard to whether a participating provider is designated
as an eligible telecommunications carrier; and
(B) ensure that the National Verifier and National
Lifeline Accountability Database approve an eligible household to receive the emergency broadband benefit not later
than 2 days after the date of the submission of information
necessary to determine if such household is an eligible
household.
(4) REIMBURSEMENT.—From the Emergency Broadband
Connectivity Fund established in subsection (i), the Commission
shall reimburse a participating provider in an amount equal
to the emergency broadband benefit with respect to an eligible
household that receives such benefit from such participating
provider during the emergency period.
(5) REIMBURSEMENT FOR CONNECTED DEVICE.—A participating provider that, during the emergency period, in addition
to providing the emergency broadband benefit to an eligible
household, supplies such household with a connected device
may be reimbursed up to $100 from the Emergency Broadband
Connectivity Fund established in subsection (i) for such connected device, if the charge to such eligible household is more
than $10 but less than $50 for such connected device, except
that a participating provider may receive reimbursement for
no more than 1 connected device per eligible household.
(6) CERTIFICATION REQUIRED.—To receive a reimbursement
under paragraph (4) or (5), a participating provider shall certify
to the Commission the following:
(A) That the amount for which the participating provider is seeking reimbursement from the Emergency
Broadband Connectivity Fund established in subsection (i)
for providing an internet service offering to an eligible
household is not more than the standard rate.

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(B) That each eligible household for which the participating provider is seeking reimbursement for providing
an internet service offering discounted by the emergency
broadband benefit—
(i) has not been and will not be charged—
(I) for such offering, if the standard rate for
such offering is less than or equal to the amount
of the emergency broadband benefit for such household; or
(II) more for such offering than the difference
between the standard rate for such offering and
the amount of the emergency broadband benefit
for such household;
(ii) will not be required to pay an early termination
fee if such eligible household elects to enter into a
contract to receive such internet service offering if
such household later terminates such contract;
(iii) was not, after the date of the enactment of
this Act, subject to a mandatory waiting period for
such internet service offering based on having previously received broadband internet access service from
such participating provider; and
(iv) will otherwise be subject to the participating
provider’s generally applicable terms and conditions
as applied to other customers.
(C) That each eligible household for which the participating provider is seeking reimbursement for supplying
such household with a connected device has not been and
will not be charged $10 or less or $50 or more for such
device.
(D) A description of the process used by the participating provider to verify that a household is an eligible
household, if the provider elects an alternative verification
process under paragraph (2)(B), and that such verification
process was designed to avoid waste, fraud, and abuse.
(7) AUDIT REQUIREMENTS.—The Commission shall adopt
audit requirements to ensure that participating providers are
in compliance with the requirements of this section and to
prevent waste, fraud, and abuse in the Emergency Broadband
Benefit Program. A finding of waste, fraud, or abuse or an
improper payment (as such term is defined in section 2(d)
of the Improper Payments Information Act of 2002 (31 U.S.C.
3321 note)) identified by the Commission or the Inspector General of the Commission shall include the following:
(A) The name of the participating provider.
(B) The amount of funding made available from the
Emergency Broadband Connectivity Fund to the participating provider.
(C) The amount of funding determined to be an
improper payment to a participating provider.
(D) A description of to what extent funding made available from the Emergency Broadband Connectivity Fund
that was an improper payment was used for a reimbursement for a connected device or a reimbursement for an
internet service offering.
(E) Whether, in the case of a connected device, such
device, or the value thereof, has been recovered.

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(F) Whether any funding from the Emergency
Broadband Connectivity Fund was made available to a
participating provider for an emergency broadband benefit
for a person outside the eligible household.
(G) Whether any funding from the Emergency
Broadband Connectivity Fund was made available to
reimburse a participating provider for an emergency
broadband benefit made available to an eligible household
in which all members of such household necessary to satisfy
the eligibility requirements described in subsection (a)(6)
were deceased.
(8) RANDOM AUDIT REQUIRED.—Not later than 1 year after
the date of the enactment of this Act, the Inspector General
of the Commission shall conduct an audit of a representative
sample of participating providers receiving reimbursements
under the Emergency Broadband Benefit Program.
(9) NOTIFICATION OF AUDIT FINDINGS.—Not later than 7
days after a finding made by the Commission under the requirements of paragraph (7), the Commission shall notify the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate with any information described in such
paragraph that the Commission has obtained.
(10) EXPIRATION OF PROGRAM.—At the conclusion of the
Emergency Broadband Benefit Program, any participating
eligible households shall be subject to a participating provider’s
generally applicable terms and conditions.
(c) REGULATIONS REQUIRED.—
(1) IN GENERAL.—Not later than 60 days after the date
of the enactment of this Act, the Commission shall promulgate
regulations to implement this section.
(2) COMMENT PERIODS.—As part of the rulemaking under
paragraph (1), the Commission shall—
(A) provide a 20-day public comment period that begins
not later than 5 days after the date of the enactment
of this Act;
(B) provide a 20-day public reply comment period that
immediately follows the period under subparagraph (A);
and
(C) during the comment periods under subparagraphs
(A) and (B), seek comment on—
(i) the provision of assistance from the Emergency
Broadband Connectivity Fund established in subsection (i) consistent with this section; and
(ii) other related matters.
(d) ELIGIBILITY OF PROVIDERS.—
(1) RELATION TO ELIGIBLE TELECOMMUNICATIONS CARRIER
DESIGNATION.—The Commission may not require a broadband
provider to be designated as an eligible telecommunications
carrier in order to be a participating provider.
(2) EXPEDITED APPROVAL PROCESS.—
(A) IN GENERAL.—The Commission shall establish an
expedited process by which the Commission approves as
participating providers broadband providers that are not
designated as eligible telecommunications carriers and elect
to participate in the Emergency Broadband Benefit Program.

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(B) EXCEPTION.—Notwithstanding subparagraph (A),
the Commission shall automatically approve as a participating provider a broadband provider that has an established program as of April 1, 2020, that is widely available
and offers internet service offerings to eligible households
and maintains verification processes that are sufficient to
avoid fraud, waste, and abuse.
(e) RULE OF CONSTRUCTION.—Nothing in this section shall affect
the collection, distribution, or administration of the Lifeline Assistance Program governed by the rules set forth in subpart E of
part 54 of title 47, Code of Federal Regulations (or any successor
regulation).
(f) PART 54 REGULATIONS.—Nothing in this section shall be
construed to prevent the Commission from providing that the regulations in part 54 of title 47, Code of Federal Regulations, or
any successor regulation, shall apply in whole or in part to the
Emergency Broadband Benefit Program, shall not apply in whole
or in part to such Program, or shall be modified in whole or
in part for purposes of application to such Program.
(g) ENFORCEMENT.—A violation of this section or a regulation
promulgated under this section shall be treated as a violation
of the Communications Act of 1934 (47 U.S.C. 151 et seq.) or
a regulation promulgated under such Act. The Commission shall
enforce this section and the regulations promulgated under this
section in the same manner, by the same means, and with the
same jurisdiction, powers, and duties as though all applicable terms
and provisions of the Communications Act of 1934 were incorporated
into and made a part of this section.
(h) EXEMPTIONS.—
(1) CERTAIN RULEMAKING REQUIREMENTS.—Section 553 of
title 5, United States Code, shall not apply to a regulation
promulgated under subsection (c) or a rulemaking proceeding
to promulgate such a regulation.
(2) PAPERWORK REDUCTION ACT REQUIREMENTS.—A collection of information conducted or sponsored under the regulations required by subsection (c) shall not constitute a collection
of information for the purposes of subchapter I of chapter
35 of title 44, United States Code (commonly referred to as
the Paperwork Reduction Act).
(i) EMERGENCY BROADBAND CONNECTIVITY FUND.—
(1) ESTABLISHMENT.—There is established in the Treasury
of the United States a fund to be known as the Emergency
Broadband Connectivity Fund.
(2) APPROPRIATION.—There is appropriated to the Emergency Broadband Connectivity Fund, out of any money in the
Treasury not otherwise appropriated, $3,200,000,000 for fiscal
year 2021, to remain available until expended.
(3) USE OF FUNDS.—Amounts in the Emergency Broadband
Connectivity Fund shall be available to the Commission for
reimbursements to participating providers under this section,
and the Commission may use not more than 2 percent of
such amounts to administer the Emergency Broadband Benefit
Program.
(4) RELATIONSHIP TO UNIVERSAL SERVICE CONTRIBUTIONS.—
Reimbursements provided under this section shall be provided
from amounts made available under this subsection and not

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PUBLIC LAW 116–260—DEC. 27, 2020

from contributions under section 254(d) of the Communications
Act of 1934 (47 U.S.C. 254(d)).
(5) USE OF UNIVERSAL SERVICE ADMINISTRATIVE COMPANY
PERMITTED.—The Commission shall have the authority to avail
itself of the services of the Universal Service Administrative
Company to implement the Emergency Broadband Benefit Program, including developing and processing reimbursements and
distributing funds to participating providers.
(j) SAFE HARBOR.—The Commission may not enforce a violation
of this section under section 501, 502, or 503 of the Communications
Act of 1934 (47 U.S.C. 501; 502; 503), or any rules of the Commission
promulgated under such sections of such Act, if a participating
provider demonstrates to the Commission that such provider relied
in good faith on information provided to such provider to make
the verification required by subsection (b)(2).

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47 USC 1305
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SEC. 905. GRANTS FOR BROADBAND CONNECTIVITY.

(a) DEFINITIONS.—In this section:
(1) ASSISTANT SECRETARY.—The term ‘‘Assistant Secretary’’
means the Assistant Secretary of Commerce for Communications and Information.
(2) BROADBAND OR BROADBAND SERVICE.—The term
‘‘broadband’’ or ‘‘broadband service’’ has the meaning given
the term ‘‘broadband internet access service’’ in section 8.1(b)
of title 47, Code of Federal Regulations, or any successor regulation.
(3) COMMISSION.—The term ‘‘Commission’’ means the Federal Communications Commission.
(4) COVERED BROADBAND PROJECT.—The term ‘‘covered
broadband project’’ means a competitively and technologically
neutral project for the deployment of fixed broadband service
that provides qualifying broadband service in an eligible service
area.
(5) COVERED PARTNERSHIP.—The term ‘‘covered partnership’’ means a partnership between—
(A) a State, or 1 or more political subdivisions of a
State; and
(B) a provider of fixed broadband service.
(6) DEPARTMENT.—The term ‘‘Department’’ means the
Department of Commerce.
(7) ELIGIBLE SERVICE AREA.—The term ‘‘eligible service
area’’ means a census block in which broadband service is
not available at 1 or more households or businesses in the
census block, as determined by the Assistant Secretary on
the basis of—
(A) the maps created under section 802(c)(1) of the
Communications Act of 1934 (47 U.S.C. 642(c)(1)); or
(B) if the maps described in subparagraph (A) are
not available, the most recent information available to the
Assistant Secretary, including information provided by the
Commission.
(8) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means—
(A) a Tribal Government;
(B) a Tribal College or University;
(C) the Department of Hawaiian Home Lands on behalf
of the Native Hawaiian Community, including Native
Hawaiian Education Programs;

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(D) a Tribal organization; or
(E) a Native Corporation.
(9) NATIVE CORPORATION.—The term ‘‘Native Corporation’’
has the meaning given the term in section 3 of the Alaska
Native Claims Settlement Act (43 U.S.C. 1602).
(10) NATIVE HAWAIIAN.—The term ‘‘Native Hawaiian’’ has
the meaning given the term in section 801 of the Native American Housing Assistance and Self-Determination Act of 1996
(25 U.S.C. 4221).
(11) QUALIFYING BROADBAND SERVICE.—The term ‘‘qualifying broadband service’’ means broadband service with—
(A) a download speed of not less than 25 megabits
per second;
(B) an upload speed of not less than 3 megabits per
second; and
(C) a latency sufficient to support real-time, interactive
applications.
(12) TRIBAL GOVERNMENT.—The term ‘‘Tribal Government’’
means the governing body of any Indian or Alaska Native
Tribe, band, nation, pueblo, village, community, component
band, or component reservation, individually recognized
(including parenthetically) in the list published most recently
as of the date of enactment of this Act pursuant to section
104 of the Federally Recognized Indian Tribe List Act of 1994
(25 U.S.C. 5131).
(13) TRIBAL LAND.—The term ‘‘Tribal land’’ means—
(A) any land located within the boundaries of—
(i) an Indian reservation, pueblo, or rancheria; or
(ii) a former reservation within Oklahoma;
(B) any land not located within the boundaries of an
Indian reservation, pueblo, or rancheria, the title to which
is held—
(i) in trust by the United States for the benefit
of an Indian Tribe or an individual Indian;
(ii) by an Indian Tribe or an individual Indian,
subject to restriction against alienation under laws
of the United States; or
(iii) by a dependent Indian community;
(C) any land located within a region established pursuant to section 7(a) of the Alaska Native Claims Settlement
Act (43 U.S.C. 1606(a));
(D) Hawaiian Home Lands, as defined in section 801
of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4221); or
(E) those areas or communities designated by the
Assistant Secretary of Indian Affairs of the Department
of the Interior that are near, adjacent, or contiguous to
reservations where financial assistance and social service
programs are provided to Indians because of their status
as Indians.
(14) UNSERVED.—The term ‘‘unserved’’, with respect to a
household, means—
(A) the household lacks access to qualifying broadband
service; and
(B) no broadband provider has been selected to receive,
or is otherwise receiving, Federal or State funding subject
to enforceable build out commitments to deploy qualifying

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broadband service in the specific area where the household
is located by dates certain, even if such service is not
yet available, provided that the Federal or State agency
providing the funding has not deemed the service provider
to be in default of its buildout obligations under the
applicable Federal or State program.
(b) DIRECT APPROPRIATION.—There is appropriated to the
Assistant Secretary, out of amounts in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 2021, to
remain available until expended—
(1) $1,000,000,000 for grants under subsection (c); and
(2) $300,000,000 for grants under subsection (d).
(c) TRIBAL BROADBAND CONNECTIVITY PROGRAM.—
(1) TRIBAL BROADBAND CONNECTIVITY GRANTS.—The Assistant Secretary shall use the funds made available under subsection (b)(1) to implement a program to make grants to eligible
entities to expand access to and adoption of—
(A) broadband service on Tribal land; or
(B) remote learning, telework, or telehealth resources
during the COVID–19 pandemic.
(2) GRANTS.—From the amounts appropriated under subsection (b)(1), the Assistant Secretary shall award a grant to
each eligible entity that submits an application that the Assistant Secretary approves after consultation with the Commission
to prevent duplication of funding.
(3) ALLOCATIONS.—
(A) EQUITABLE DISTRIBUTION.—The amounts appropriated under subsection (b)(1) shall be made available
to eligible entities on an equitable basis, and not less
than 3 percent of those amounts shall be made available
for the benefit of Native Hawaiians.
(B) ADMINISTRATIVE EXPENSES OF ASSISTANT SECRETARY.—The Assistant Secretary may use not more than
2 percent of amounts appropriated under subsection (b)(1)
for administrative purposes, including the provision of technical assistance to Tribal Governments to help those
Governments take advantage of the program established
under this subsection.
(4) USE OF GRANT FUNDS.—
(A) COMMITMENT DEADLINE.—
(i) IN GENERAL.—Not later than 180 days after
receiving grant funds under this subsection, an eligible
entity shall commit the funds in accordance with the
approved application of the entity.
(ii) REVERSION OF FUNDS.—Any grant funds not
committed by an eligible entity by the deadline under
clause (i) shall revert to the general fund of the
Treasury.
(B) EXPENDITURE DEADLINE.—
(i) IN GENERAL.—Not later than 1 year after
receiving grant funds under this subsection, an eligible
entity shall expend the grant funds.
(ii) EXTENSIONS FOR INFRASTRUCTURE PROJECTS.—
The Assistant Secretary may extend the period under
clause (i) for an eligible entity that proposes to use
the grant funds for construction of broadband infrastructure if the eligible entity certifies that—

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(I) the eligible entity has a plan for use of
the grant funds;
(II) the construction project is underway; or
(III) extenuating circumstances require an
extension of time to allow the project to be completed.
(iii) REVERSION OF FUNDS.—Any grant funds not
expended by an eligible entity by the deadline under
clause (i) shall be made available to other eligible
entities for the purposes provided in this subsection.
(5) ELIGIBLE USES.—An eligible entity may use grant funds
made available under this subsection for—
(A) broadband infrastructure deployment, including
support for the establishment of carrier-neutral submarine
cable landing stations;
(B) affordable broadband programs, including—
(i) providing free or reduced-cost broadband
service; and
(ii) preventing disconnection of existing broadband
service;
(C) distance learning;
(D) telehealth;
(E) digital inclusion efforts; and
(F) broadband adoption activities.
(6) ADMINISTRATIVE EXPENSES OF ELIGIBLE ENTITIES.—An
eligible entity may use not more than 2 percent of grant funds
received under this subsection for administrative purposes.
(7) SUBGRANTEES.—
(A) IN GENERAL.—An eligible entity may enter into
a contract with a subgrantee, including a non-Tribal entity,
as part of its use of grant funds pursuant to this subsection.
(B) REQUIREMENTS.—An eligible entity that enters into
a contract with a subgrantee for use of grant funds received
under this subsection shall—
(i) before entering into the contract, after a reasonable investigation, make a determination that the subgrantee—
(I) is capable of carrying out the project for
which grant funds will be provided in a competent
manner in compliance with all applicable laws;
(II) has the financial capacity to meet the
obligations of the project and the requirements
of this subsection; and
(III) has the technical and operational capability to carry out the project; and
(ii) stipulate in the contract reasonable provisions
for recovery of funds for nonperformance.
(8) BROADBAND INFRASTRUCTURE DEPLOYMENT.—In using
grant funds received under this subsection for new construction
of broadband infrastructure, an eligible entity shall prioritize
projects that deploy broadband infrastructure to unserved
households.
(d) BROADBAND INFRASTRUCTURE PROGRAM.—
(1) BROADBAND INFRASTRUCTURE DEPLOYMENT GRANTS.—
The Assistant Secretary shall use the funds made available
under subsection (b)(2) to implement a program under which

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PUBLIC LAW 116–260—DEC. 27, 2020
the Assistant Secretary makes grants on a competitive basis
to covered partnerships for covered broadband projects.
(2) MAPPING.—
(A) DATA FROM COMMISSION.—Not less frequently than
annually, the Commission shall, through the process established under section 802(b)(7)) of the Communications Act
of 1934 (47 U.S.C. 642(b)(7)), provide the Assistant Secretary any data collected by the Commission pursuant to
title VIII of that Act (47 U.S.C. 641 et seq.).
(B) USE BY ASSISTANT SECRETARY.—The Assistant Secretary shall rely on the data provided under subparagraph
(A) in carrying out this subsection to the greatest extent
practicable.
(3) ELIGIBILITY REQUIREMENTS.—To be eligible for a grant
under this subsection, a covered partnership shall submit an
application at such time, in such manner, and containing such
information as the Assistant Secretary may require, which
application shall, at a minimum, include a description of—
(A) the covered partnership;
(B) the covered broadband project to be funded by
the grant, including—
(i) the speed or speeds at which the covered partnership plans to offer broadband service; and
(ii) the cost of the project;
(C) the area to be served by the covered broadband
project (in this paragraph referred to as the ‘‘proposed
service area’’);
(D) any support provided to the provider of broadband
service that is part of the covered partnership through—
(i) any grant, loan, or loan guarantee provided
by a State to the provider of broadband service for
the deployment of broadband service in the proposed
service area;
(ii) any grant, loan, or loan guarantee with respect
to the proposed service area provided by the Secretary
of Agriculture—
(I) under title VI of the Rural Electrification
Act of 1936 (7 U.S.C. 950bb et seq.), including—
(aa) any program to provide grants, loans,
or loan guarantees under sections 601 through
603 of that Act (7 U.S.C. 950bb et seq.); and
(bb) the Community Connect Grant Program established under section 604 of that
Act (7 U.S.C. 950bb–3); or
(II) the broadband loan and grant pilot program known as the ‘‘Rural eConnectivity Pilot Program’’ or the ‘‘ReConnect Program’’ authorized
under section 779 of division A of the Consolidated
Appropriations Act, 2018 (Public Law 115–141; 132
Stat. 348);
(iii) any high-cost universal service support provided under section 254 of the Communications Act
of 1934 (47 U.S.C. 254);
(iv) any grant provided under section 6001 of the
American Recovery and Reinvestment Act of 2009 (47
U.S.C. 1305);

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134 STAT. 2141

(v) amounts made available for the Education Stabilization Fund under the heading ‘‘DEPARTMENT
OF EDUCATION’’ in title VIII of division B of the
CARES Act (Public Law 116–136; 134 Stat. 564); or
(vi) any other grant, loan, or loan guarantee provided by the Federal Government for the provision
of broadband service.
(4) PRIORITY.—In awarding grants under this subsection,
the Assistant Secretary shall give priority to applications for
covered broadband projects as follows, in decreasing order of
priority:
(A) Covered broadband projects designed to provide
broadband service to the greatest number of households
in an eligible service area.
(B) Covered broadband projects designed to provide
broadband service in an eligible service area that is wholly
within any area other than—
(i) a county, city, or town that has a population
of more than 50,000 inhabitants; and
(ii) the urbanized area contiguous and adjacent
to a city or town described in clause (i).
(C) Covered broadband projects that are the most costeffective, prioritizing such projects in areas that are the
most rural.
(D) Covered broadband projects designed to provide
broadband service with a download speed of not less than
100 megabits per second and an upload speed of not less
than 20 megabits per second.
(E) Any other covered broadband project that meets
the requirements of this subsection.
(5) EXPENDITURE DEADLINE.—
(A) IN GENERAL.—Not later than 1 year after receiving
grant funds under this subsection, a covered partnership
shall expend the grant funds.
(B) EXTENSIONS.—The Assistant Secretary may extend
the period under subparagraph (A) for a covered partnership that proposes to use the grant funds for construction
of broadband infrastructure if the covered partnership certifies that—
(i) the covered partnership has a plan for use
of the grant funds;
(ii) the construction project is underway; or
(iii) extenuating circumstances require an extension of time to allow the project to be completed.
(C) REVERSION OF FUNDS.—Any grant funds not
expended by an covered partnership by the deadline under
subparagraph (A) shall be made available to other covered
partnerships for the purposes provided in this subsection.
(6) GRANT CONDITIONS.—
(A) PROHIBITIONS.—As a condition of receiving a grant
under this subsection, the Assistant Secretary shall prohibit a provider of broadband service that is part of a
covered partnership receiving the grant—
(i) from using the grant amounts to repay, or make
any other payment relating to, a loan made by any
public or private lender;

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134 STAT. 2142

(ii) from using grant amounts as collateral for
a loan made by any public or private lender; and
(iii) from using more than $50,000 of the grant
amounts to pay for the preparation of the grant.
(B) NONDISCRIMINATION.—The Assistant Secretary
may not require a provider of broadband service that is
part of a covered partnership to be designated as an eligible
telecommunications carrier pursuant to section 214(e) of
the Communications Act of 1934 (47 U.S.C. 214(e)) to be
eligible to receive a grant under this subsection or as
a condition of receiving a grant under this subsection.
(e) IMPLEMENTATION.—
(1) REQUIREMENTS; OUTREACH.—Not earlier than 30 days,
and not later than 60 days, after the date of enactment of
this Act, the Assistant Secretary shall—
(A) issue a notice inviting eligible entities and covered
partnerships to submit applications for grants under this
section, which shall contain details about how awarding
decisions will be made; and
(B) outline—
(i) the requirements for applications for grants
under this section; and
(ii) the allowed uses of grant funds awarded under
this section.
(2) APPLICATIONS.—
(A) SUBMISSION.—During the 90-day period beginning
on the date on which the Assistant Secretary issues the
notice under paragraph (1), an eligible entity or covered
partnership may submit an application for a grant under
this section.
(B) PROCESSING.—
(i) IN GENERAL.—Not later than 90 days after
receiving an application under subparagraph (A), the
Assistant Secretary shall approve or deny the application.
(ii) DENIAL.—The Assistant Secretary may deny
an application submitted under subparagraph (A) only
if—
(I) the Assistant Secretary provides the
applicant an opportunity to cure any defects in
the application; and
(II) after receiving the opportunity under subclause (I), the applicant still fails to meet the
requirements of this section.
(C) SINGLE APPLICATION.—An eligible entity or covered
partnership may submit only 1 application under this paragraph.
(D) PROPOSED USE OF FUNDS.—An application submitted by an eligible entity or a covered partnership under
this paragraph shall describe each proposed use of grant
funds.
(E) ALLOCATION OF FUNDS.—Not later than 14 days
after approving an application for a grant under this paragraph, the Assistant Secretary shall allocate the grant
funds to the eligible entity or covered partnership.
(F) TREATMENT OF UNALLOCATED FUNDS.—

Time period.

Notice.

Time period.

Deadline.

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Deadline.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2143

(i) IN GENERAL.—If an eligible entity or covered
partnership does not submit an application by the
deadline under subparagraph (A), or the Assistant Secretary does not approve an application submitted by
an eligible entity or a covered partnership under that
subparagraph, the Assistant Secretary shall make the
amounts allocated for, as applicable—
(I) the eligible entity under subsection (c)
available to other eligible entities on an equitable
basis; or
(II) the covered partnership under subsection
(d) to other covered partnerships.
(ii) SECOND PROCESS.—The Assistant Secretary
shall initiate a second notice and application process
described in this subsection to reallocate any funds
made available to other eligible entities or covered
partnerships under clause (i).
(3) TRANSPARENCY, ACCOUNTABILITY, AND OVERSIGHT
REQUIRED.—In implementing this section, the Assistant Secretary shall adopt measures, including audit requirements, to—
(A) ensure sufficient transparency, accountability, and
oversight to provide the public with information regarding
the award and use of grant funds under this section;
(B) ensure that a recipient of a grant under this section
uses the grant funds in compliance with the requirements
of this section and the overall purpose of the applicable
grant program under this section; and
(C) deter waste, fraud, and abuse of grant funds.
(4) PROHIBITION ON USE FOR COVERED COMMUNICATIONS
EQUIPMENT OR SERVICES.—An eligible entity or covered partnership may not use grant funds received under this section to
purchase or support any covered communications equipment
or service (as defined in section 9 of the Secure and Trusted
Communications Networks Act of 2019 (47 U.S.C. 1608)).
(5) UNAUTHORIZED USE OF FUNDS.—To the extent that the
Assistant Secretary or the Inspector General of the Department
determines that an eligible entity or covered partnership has
expended grant funds received under this section in violation
of this section, the Assistant Secretary shall recover the amount
of funds that were so expended.
(f) REPORTING.—
(1) ELIGIBLE ENTITIES AND COVERED PARTNERSHIPS.—
(A) ANNUAL REPORT.—Not later than 1 year after
receiving grant funds under this section, and annually
thereafter until the funds have been expended, an eligible
entity or covered partnership shall submit to the Assistant
Secretary a report, with respect to the 1-year period immediately preceding the report date, that—
(i) describes how the eligible entity or covered partnership expended the funds;
(ii) certifies that the eligible entity or covered partnership complied with the requirements of this section
and with any additional reporting requirements prescribed by the Assistant Secretary, including—
(I) a description of each service provided with
the grant funds; and

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Notice.

Audit.

Determination.

Time period.

Certification.

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134 STAT. 2144

Determination.

Deadline.
Time period.

Recommendations.

PUBLIC LAW 116–260—DEC. 27, 2020

(II) the number of locations or geographic
areas at which broadband service was provided
using the grant funds; and
(iii) identifies each subgrantee that received a
subgrant from the eligible entity or covered partnership
and a description of the specific project for which grant
funds were provided.
(B) PROVISION OF INFORMATION TO FCC AND USDA.—
The Assistant Secretary shall provide the information collected under subparagraph (A) to the Commission and the
Department of Agriculture to be used when determining
whether to award funds for the deployment of broadband
under any program administered by those agencies.
(C) TRANSMISSION OF REPORTS TO CONGRESS.—Not later
than 5 days after receiving a report from an eligible entity
under subparagraph (A), the Assistant Secretary shall
transmit the report to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives.
(2) INSPECTOR GENERAL AND GAO.—Not later than 6 months
after the date on which the first grant is awarded under this
section, and every 6 months thereafter until all of the grant
funds awarded under this section are expended, the Inspector
General of the Department and the Comptroller General of
the United States shall each submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that reviews the grants awarded under this
section during the preceding 6-month period. Each such report
shall include recommendations to address waste, fraud, and
abuse, if any.
(g) IMPACT ON OTHER FEDERAL BROADBAND PROGRAMS.—The
use of grant funds received under this section by an eligible entity,
covered partnership, or subgrantee shall not impact the eligibility
of, or otherwise disadvantage, the eligible entity, covered partnership, or subgrantee with respect to participation in any other Federal broadband program.
SEC.

906.

APPROPRIATIONS FOR FEDERAL
COMMISSION ACTIVITIES.

COMMUNICATIONS

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There is appropriated to the Federal Communications Commission, out of amounts in the Treasury not otherwise appropriated,
for fiscal year 2021, to remain available until expended—
(1) $65,000,000 to carry out title VIII of the Communications Act of 1934 (47 U.S.C. 641 et seq.); and
(2) $1,900,000,000 to carry out the Secure and Trusted
Communications Networks Act of 2019 (47 U.S.C. 1601 et seq.),
of which $1,895,000,000 shall be used to carry out the program
established under section 4 of that Act (47 U.S.C. 1603).

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2145

TITLE X—MISCELLANEOUS
SEC. 1001. CORONAVIRUS RELIEF FUND EXTENSION.

Section 601(d)(3) of the Social Security Act (42 U.S.C. 801(d)(3))
is amended by striking ‘‘December 30, 2020’’ and inserting
‘‘December 31, 2021’’.
SEC. 1002. CONTRACTOR PAY.

Section 3610 of division A of the CARES Act (Public Law
116–136) shall be applied by substituting ‘‘March 31, 2021’’ for
‘‘September 30, 2020’’.

Applicability.
41 USC 6301
note prec.

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SEC. 1003. RESCISSIONS.

(a) EXCHANGE STABILIZATION FUND.—
(1) IMMEDIATE RESCISSION.—Of the unobligated balances
made available under section 4027 of the CARES Act (15 U.S.C.
9061), $429,000,000,000 shall be permanently rescinded on the
date of enactment of this Act.
(2) SUBSEQUENT RESCISSION OF REMAINING FUNDS.—
(A) IN GENERAL.—Except as provided in subparagraph
(C), any remaining unobligated balances made available
under section 4027 of the CARES Act (15 U.S.C. 9061)
shall be permanently rescinded on January 9, 2021.
(B) APPLICABILITY.—Notwithstanding the Federal
Credit Reform Act of 1990 (2 U.S.C. 661 et seq.) or any
other provision of law, the rescission in subparagraph (A)
shall apply to—
(i) the obligated but not disbursed credit subsidy
cost of all loans, loan guarantees, and other investments that the Secretary of the Treasury has made
or committed to make under section 4003(b)(4) of the
CARES Act (15 U.S.C. 9042(b)(4)); and
(ii) the obligated and disbursed credit subsidy cost
of all loans, loan guarantees, and other investments
that—
(I) the Secretary of the Treasury has made
or committed to make under section 4003(b)(4)
of the CARES Act (15 U.S.C. 9042(b)(4)); and
(II) are not needed to meet the commitments,
as of January 9, 2021, of the programs and facilities established under section 13(3) of the Federal
Reserve Act (12 U.S.C. 343(3)) in which the Secretary of the Treasury has made or committed
to make a loan, loan guarantee, or other investment using funds appropriated under section 4027
of the CARES Act (15 U.S.C. 9061).
(C) EXCEPTIONS.—
(i) ADMINISTRATIVE EXPENSES.—The $100,000,000
made available under section 4003(f) of the CARES
Act (15 U.S.C. 9042(f)) to pay costs and administrative
expenses—
(I) shall not be rescinded under this paragraph; and
(II) shall be used exclusively for the specific
purposes described in that section.
(ii) SPECIAL INSPECTOR GENERAL FOR PANDEMIC
RECOVERY.—The $25,000,000 made available under

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134 STAT. 2146

PUBLIC LAW 116–260—DEC. 27, 2020
section 4018(g) of the CARES Act (15 U.S.C. 9053(g))
for the Special Inspector General for Pandemic
Recovery—
(I) shall not be rescinded under this paragraph; and
(II) shall be used exclusively for the specific
purposes described in that section.
(iii) CONGRESSIONAL OVERSIGHT COMMISSION.—Of
the amounts made available under section 4027 of
the CARES Act (15 U.S.C. 9061) for the Congressional
Oversight Commission established under section 4020
of that Act (15 U.S.C. 9055), $5,000,000—
(I) shall not be rescinded under this paragraph; and
(II) shall be used exclusively for the expenses
of the Congressional Oversight Commission set
forth in section 4020(g)(2) of that Act.
(b) LOANS, LOAN GUARANTEES, AND OTHER INVESTMENTS.—
(1) IN GENERAL.—Effective on January 9, 2021, section
4003 of the CARES Act (15 U.S.C. 9042) is amended—
(A) in subsection (a), by striking ‘‘ $500,000,000,000’’
and inserting ‘‘ $0’’; and
(B) in subsection (b)—
(i) in paragraph (1), by striking ‘‘25,000,000,000’’
and inserting ‘‘0’’;
(ii) in paragraph (2), by striking ‘‘ $4,000,000,000’’
and inserting ‘‘0’’;
(iii)
in
paragraph
(3),
by
striking
‘‘
$17,000,000,000’’ and inserting ‘‘0’’; and
(iv) in paragraph (4), in the matter preceding
subparagraph (A), by striking ‘‘ $454,000,000,000’’ and
inserting ‘‘ $0’’.
(2) RULE OF CONSTRUCTION.—The amendments made under
paragraph (1) shall not be construed to affect obligations
incurred by the Department of the Treasury before January
1, 2021.

Effective date.
15 USC 9042
note.

15 USC 9042
note.

SEC. 1004. EMERGENCY RELIEF AND TAXPAYER PROTECTIONS.

Section 4003(e) of the CARES Act (15 U.S.C. 9042(e)) is
amended, in the matter preceding paragraph (1), by striking
‘‘Amounts’’ and inserting ‘‘Notwithstanding any other provision of
law, amounts’’.

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SEC. 1005. TERMINATION OF AUTHORITY.

Section 4029 of the CARES Act (15 U.S.C. 9063) is amended—
(1) in subsection (a), by striking ‘‘new’’;
(2) in subsection (b)(1), in the matter preceding subparagraph (A), by striking ‘‘, loan guarantee, or other investment’’
and inserting ‘‘or loan guarantee made under paragraph (1),
(2), or (3) of section 4003(b)’’; and
(3) by adding at the end the following:
‘‘(c) FEDERAL RESERVE PROGRAMS OR FACILITIES.—
‘‘(1) IN GENERAL.—After December 31, 2020, the Board
of Governors of the Federal Reserve System and the Federal
Reserve banks shall not make any loan, purchase any obligation, asset, security, or other interest, or make any extension
of credit through any program or facility established under
section 13(3) of the Federal Reserve Act (12 U.S.C. 343(3))

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134 STAT. 2147

in which the Secretary made a loan, loan guarantee, or other
investment pursuant to section 4003(b)(4), other than a loan
submitted, on or before December 14, 2020, to the Main Street
Lending Program’s lender portal for the sale of a participation
interest in such loan, provided that the Main Street Lending
Program purchases a participation interest in such loan on
or before January 8, 2021 and under the terms and conditions
of the Main Street Lending Program as in effect on the date
the loan was submitted to the Main Street Lending Program’s
lender portal for the sale of a participation interest in such
loan.
‘‘(2) NO MODIFICATION.—After December 31, 2020, the
Board of Governors of the Federal Reserve System and the
Federal Reserve banks—
‘‘(A) shall not modify the terms and conditions of any
program or facility established under section 13(3) of the
Federal Reserve Act (12 U.S.C. 343(3)) in which the Secretary made a loan, loan guarantee, or other investment
pursuant to section 4003(b)(4), including by authorizing
transfer of such funds to a new program or facility established under section 13(3) of the Federal Reserve Act (12
U.S.C. 343(3)); and
‘‘(B) may modify or restructure a loan, obligation, asset,
security, other interest, or extension of credit made or
purchased through any such program or facility provided
that—
‘‘(i) the loan, obligation, asset, security, other
interest, or extension of credit is an eligible asset or
for an eligible business, including an eligible nonprofit
organization, each as defined by such program or
facility; and
‘‘(ii) the modification or restructuring relates to
an eligible asset or single and specific eligible business,
including an eligible nonprofit organization, each as
defined by such program or facility; and
‘‘(iii) the modification or restructuring is necessary
to minimize costs to taxpayers that could arise from
a default on the loan, obligation, asset, security, other
interest, or extension of credit.
‘‘(3) USE OF FUNDS.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), the Secretary is permitted to use the fund established
under section 5302 of title 31, United States Code, for
any purpose permitted under that section.
‘‘(B) EXCEPTION.—The fund established under section
5302 of title 31, United States Code, shall not be available
for any program or facility established under section 13(3)
of the Federal Reserve Act (12 U.S.C. 343(3)) that is the
same as any such program or facility in which the Secretary
made an investment pursuant to section 4003(b)(4), except
the Term Asset-Backed Securities Loan Facility.’’.

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SEC. 1006. RULE OF CONSTRUCTION.

12 USC 343 note.

Except as expressly set forth in paragraphs (1) and (2) of
subsection (c) of section 4029 of the CARES Act, as added by
this Act, nothing in this Act shall be construed to modify or limit
the authority of the Board of Governors of the Federal Reserve

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PUBLIC LAW 116–260—DEC. 27, 2020

System under section 13(3) of the Federal Reserve Act (12 U.S.C.
343(3)) as of the day before the date of enactment of the CARES
Act (Public Law 116–136).
DIVISION O—EXTENSIONS AND TECHNICAL
CORRECTIONS
TITLE I

Applicabilities.

IMMIGRATION EXTENSIONS
8 USC 1324a
note.

8 USC 1101 note.

8 USC 1182 note.

8 USC 1153 note.

Consultation.
Determination.
8 USC 1184 note.

SEC. 101. Section 401(b) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note)
shall be applied by substituting ‘‘September 30, 2021’’ for ‘‘September 30, 2015’’.
SEC. 102. Subclauses (II) and (III) of section 101(a)(27)(C)(ii)
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(C)(ii))
shall be applied by substituting ‘‘September 30, 2021’’ for ‘‘September 30, 2015’’.
SEC. 103. Section 220(c) of the Immigration and Nationality
Technical Corrections Act of 1994 (8 U.S.C. 1182 note) shall be
applied by substituting ‘‘September 30, 2021’’ for ‘‘September 30,
2015’’.
SEC. 104. Section 610(b) of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 (8 U.S.C. 1153 note) shall be applied by substituting
‘‘June 30, 2021’’ for ‘‘September 30, 2015’’.
SEC. 105. Notwithstanding the numerical limitation set forth
in section 214(g)(1)(B) of the Immigration and Nationality Act (8
U.S.C. 1184(g)(1)(B)), the Secretary of Homeland Security, after
consultation with the Secretary of Labor, and upon the determination that the needs of American businesses cannot be satisfied
in fiscal year 2021 with United States workers who are willing,
qualified, and able to perform temporary nonagricultural labor,
may increase the total number of aliens who may receive a visa
under section 101(a)(15)(H)(ii)(b) of such Act (8 U.S.C.
1101(a)(15)(H)(ii)(b)) in such fiscal year above such limitation by
not more than the highest number of H–2B nonimmigrants who
participated in the H–2B returning worker program in any fiscal
year in which returning workers were exempt from such numerical
limitation.

TITLE II—COMMISSION ON BLACK MEN
AND BOYS CORRECTIONS
SEC. 201. TECHNICAL CORRECTIONS TO THE COMMISSION ON THE
SOCIAL STATUS OF BLACK MEN AND BOYS ACT.

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Section 2(b)(3) of the Commission on the Social Status of Black
Men and Boys Act (Public Law 116–156) is amended by striking
‘‘House of Representatives majority leader’’ and inserting ‘‘Speaker
of the House of Representatives’’.

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134 STAT. 2149

TITLE III—U.S. CUSTOMS AND BORDER
PROTECTION AUTHORITY TO ACCEPT
DONATIONS EXTENSION
SEC. 301. EXTENSION OF U.S. CUSTOMS AND BORDER PROTECTION
AUTHORITY TO ACCEPT DONATIONS.

Section 482(b)(4)(A) of the Homeland Security Act of 2002 (6
U.S.C. 301a(b)(4)(A)) is amended by striking ‘‘4 years after
December 16, 2016’’ and inserting ‘‘December 16, 2021’’.

TITLE IV—LIVESTOCK MANDATORY
REPORTING EXTENSION
SEC. 401. MANDATORY LIVESTOCK REPORTING.

Section 260 of the Agricultural Marketing Act of 1946 (7 U.S.C.
1636i) and section 942 of the Livestock Mandatory Reporting Act
of 1999 (7 U.S.C. 1635 note; Public Law 106–78) shall be applied
by substituting ‘‘September 30, 2021’’ for ‘‘September 30, 2020’’.

Applicability.
7 USC 1636i
note.

TITLE V—SOIL HEALTH AND INCOME
PROTECTION PILOT PROGRAM EXTENSION
SEC. 501. SOIL HEALTH AND INCOME PROTECTION PILOT PROGRAM
MODIFICATION.

Section 1231C(b)(2)(B) of the Food Security Act of 1985 (16
U.S.C. 3831c(b)(2)(B)) shall be applied by substituting ‘‘September
30, 2021’’ for ‘‘December 31, 2020’’.

Applicability.
16 USC 3831c
note.

TITLE
VI—UNITED
STATES-MEXICOCANADA AGREEMENT IMPLEMENTATION ACT TECHNICAL CORRECTIONS
SEC. 601. TECHNICAL CORRECTIONS TO THE UNITED STATES-MEXICOCANADA AGREEMENT IMPLEMENTATION ACT.

(a) ENVIRONMENT COOPERATION COMMISSIONS; NORTH AMERDEVELOPMENT BANK.—
(1) IN GENERAL.—Section 601 of the United States-MexicoCanada Agreement Implementation Act (Public Law 116–113;
134 Stat. 78) shall not apply to the provisions specified in
paragraph (2) and such provisions shall be restored and revived
as if such section had not been enacted.
(2) PROVISIONS SPECIFIED.—The provisions specified in this
paragraph are the following:
(A) Sections 532 and 533 of the North American Free
Trade Agreement Implementation Act.
(B) Part 2 of subtitle D of title V of such Act (as
amended by section 831 of the United States-MexicoCanada Agreement Implementation Act).

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ICAN

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19 USC 3472
and note, 3473;
22 USC
290m—290m–5,
290m–7.

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PUBLIC LAW 116–260—DEC. 27, 2020
(3) NORTH
CALLABLE

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Determination.

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AMERICAN DEVELOPMENT BANK: LIMITATION ON
CAPITAL SUBSCRIPTIONS.—The Secretary of the

Treasury may subscribe without fiscal year limitation to the
callable capital portion of the United States share of capital
stock of the North American Development Bank in an amount
not to exceed $1,020,000,000. The authority in the preceding
sentence shall be in addition to any other authority provided
by previous Acts.
(b) RULES OF ORIGIN.—Section 202 of the United States-MexicoCanada Agreement Implementation Act (19 U.S.C. 4531) is
amended—
(1) in subsection (c), by adding at the end the following:
‘‘(3) SPECIAL RULE FOR FOREIGN-TRADE ZONES.—Paragraph
(1)(B) shall not apply to a good produced in a foreign-trade
zone or subzone established pursuant to the Act of June 18,
1934 (commonly known as the ‘Foreign Trade Zones Act’) (19
U.S.C. 81a et seq.) that is entered for consumption in the
customs territory of the United States.’’; and
(2) in subsection (f)(2)(E), by striking ‘‘heading 1507, 1508,’’
and inserting ‘‘any of headings 1501 through 1508’’.
(c) DRAWBACKS.—
(1) IN GENERAL.—Section 208 of the United States-MexicoCanada Agreement Implementation Act (19 U.S.C. 4534) is
amended by adding at the end the following:
‘‘(e) ACTION ON CLAIM.—
‘‘(1) IN GENERAL.—If the Commissioner of U.S. Customs
and Border Protection determines that a claim of preferential
tariff treatment has been made with respect to an article for
which a claim described in paragraph (2) has been made, the
Commissioner may make such adjustments regarding the previous customs treatment of the article as may be warranted.
‘‘(2) CLAIMS DESCRIBED.—A claim described in this paragraph is a claim for—
‘‘(A) a refund, waiver, or reduction of duty, under any
applicable provision of law; or
‘‘(B) a credit against a bond under section 312(d)(1)
of the Tariff Act of 1930 (19 U.S.C. 1312(d)(1)).’’.
(2) CONFORMING AMENDMENTS.—
(A) TARIFF ACT OF 1930.—The Tariff Act of 1930 is
amended—
(i) in section 311 (19 U.S.C. 1311), in the 11th
undesignated paragraph, by striking ‘‘(subject to section 508(b)(2)(B))’’ and inserting ‘‘(subject to section
208(e) of that Act)’’;
(ii) in section 312 (19 U.S.C. 1312), by striking
‘‘(subject to section 508(b)(2)(B))’’ each place it appears
and inserting ‘‘(subject to section 208(e) of that Act)’’;
(iii)
in
section
313(n)(1)(C)
(19
U.S.C.
1313(n)(1)(C)), by striking ‘‘section 508(b)(2)(B)’’ and
inserting ‘‘section 208(e) of that Act’’; and
(iv) in section 562(2)(B) (19 U.S.C. 1562(2)(B)), in
the matter preceding clause (i), by striking ‘‘(subject
to section 508(b)(2)(B))’’ and inserting ‘‘(subject to section 208(e) of that Act)’’.
(B) FOREIGN TRADE ZONES ACT.—Section 3(a) of the
Act of June 18, 1934 (commonly known as the ‘‘Foreign
Trade Zones Act’’) (19 U.S.C. 81c(a)) is amended in the

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seventh proviso by striking ‘‘(subject to section 508(b)(2)(B)
of the Tariff Act of 1930)’’ and inserting ‘‘(subject to section
208(e) of that Act)’’.
(d) RETENTION OF RECORDS.—
(1) IN GENERAL.—Section 508 of the Tariff Act of 1930
(19 U.S.C. 1508) is amended by inserting after subsection (b)
the following:
‘‘(c) PERIOD OF TIME.—The records required by subsection (a)
shall be kept for such periods of time as the Secretary shall prescribe, except that—
‘‘(1) no period of time for the retention of the records
required under subsection (a) may exceed 5 years from the
date of entry, filing of a reconciliation, or exportation, as appropriate; and
‘‘(2) records for any drawback claim shall be kept until
the 3rd anniversary of the date of liquidation of the claim.’’.
(2) CONFORMING AMENDMENT.—Section 313(r)(3)(B) of the
Tariff Act of 1930 (19 U.S.C. 1313(r)(3)(B)) is amended by
striking ‘‘section 508(c)(3)’’ and inserting ‘‘section 508(c)(2)’’.
(e) RELIQUIDATION OF ENTRIES.—Section 520(d) of the Tariff
Act of 1930 (19 U.S.C. 1520(d)) is amended by striking ‘‘(except
with respect to any merchandise processing fees)’’.
(f) PROTECTIVE ORDERS.—Section 777(f) of the Tariff Act of
1930 (19 U.S.C. 1677f(f)) is amended—
(1) in the subsection heading, by striking ‘‘THE THE’’ and
inserting ‘‘THE’’; and
(2) in paragraph (1), by striking subparagraph (A) and
inserting the following:
‘‘(A) IN GENERAL.—If binational panel review of a determination under this title is requested pursuant to article
1904 of the United States-Canada Agreement or article
10.12 of the USMCA, or an extraordinary challenge committee is convened under Annex 1904.13 of the United
States-Canada Agreement or chapter 10 of the USMCA,
the administering authority or the Commission, as appropriate, may make available to authorized persons, under
a protective order described in paragraph (2), a copy of
all proprietary material in the administrative record made
during the proceeding in question. If the administering
authority or the Commission claims a privilege as to a
document or portion of a document in the administrative
record of the proceeding in question and a binational panel
or extraordinary challenge committee finds that in camera
inspection or limited disclosure of that document or portion
thereof is required by United States law, the administering
authority or the Commission, as appropriate, may restrict
access to such document or portion thereof to the authorized
persons identified by the panel or committee as requiring
access and may require such persons to obtain access under
a protective order described in paragraph (2).’’.
(g) DISPUTE SETTLEMENT.—The table of contents for the United
States-Mexico-Canada Agreement Implementation Act (Public Law

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PUBLIC LAW 116–260—DEC. 27, 2020

116–113; 134 Stat. 11) is amended by striking the item relating
to section 414 and inserting the following:
‘‘Sec. 414. Requests for review of determinations by competent investigating authorities.’’.
19 USC 81c note.

(h) EFFECTIVE DATE.—This section and the amendments made
by this section shall take effect on July 1, 2020.
SEC. 602. TECHNICAL CORRECTIONS TO OTHER LAWS.

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Definition.

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(a) AFRICAN GROWTH AND OPPORTUNITY ACT.—The African
Growth and Opportunity Act is amended—
(1) in section 112 (19 U.S.C. 3721)—
(A) in subsection (b)(5)(A), by striking ‘‘Annex 401 to
the NAFTA’’ and inserting ‘‘Annex 4–B of the USMCA’’;
and
(B) in subsection (f), by striking paragraph (3) and
inserting the following:
‘‘(3) USMCA.—The term ‘USMCA’ has the meaning given
that term in section 3 of the United States-Mexico-Canada
Agreement Implementation Act (19 U.S.C. 4502).’’; and
(2) in section 113(b) (19 U.S.C. 3722(b))—
(A) in paragraph (1)—
(i) in subparagraph (A), by striking ‘‘Article 502(1)
of the NAFTA’’ and inserting ‘‘article 5.4.1 of the
USMCA’’; and
(ii) in subparagraph (B)(i), in the matter following
subclause (II), by striking ‘‘chapter 5 of the NAFTA’’
and inserting ‘‘chapter 5 of the USMCA’’; and
(B) in paragraph (2), by striking ‘‘Article 503 of the
NAFTA’’ and inserting ‘‘article 5.5 of the USMCA’’.
(b) CARIBBEAN BASIN ECONOMIC RECOVERY ACT.—The Caribbean Basin Economic Recovery Act is amended—
(1) in section 212(a)(1) (19 U.S.C. 2702(a)(1)), by striking
subparagraph (D) and inserting the following:
‘‘(D) The term ‘USMCA’ has the meaning given that term
in section 3 of the United States-Mexico-Canada Agreement
Implementation Act (19 U.S.C. 4502).’’;
(2) in section 213(b) (19 U.S.C. 2703(b))—
(A) in paragraph (2)—
(i) in subparagraph (A)—
(I) in clause (v)(I), by striking ‘‘Annex 401
of the NAFTA’’ and inserting ‘‘Annex 4–B of the
USMCA’’; and
(II) in clause (vii)(IV)—
(aa) by striking ‘‘from a country’’ and
inserting the following: ‘‘from—
‘‘(aa) a country’’;
(bb) by striking the period at the end and
inserting ‘‘; or’’; and
(cc) by adding at the end the following:
‘‘(bb) a USMCA country (as defined in section 3 of the United States-Mexico-Canada
Agreement Implementation Act (19 U.S.C.
4502)).’’; and
(ii) in subparagraph (C), by striking ‘‘section 2.3(a),
(b), or (c) of the Annex or Appendix 3.1.B.11 of the
Annex’’ and inserting ‘‘article 6.2 of the USMCA’’;

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2153

(B) in paragraph (3)(A)(i), by striking ‘‘Annex 302.2
of the NAFTA’’ and inserting ‘‘Annex 2–B of the USMCA’’;
(C) in paragraph (4)—
(i) in subparagraph (A)—
(I) in clause (i), by striking ‘‘Article 502(1)
of the NAFTA’’ and inserting ‘‘article 5.4.1 of the
USMCA’’; and
(II) in clause (ii)(I), in the matter following
item (bb), by striking ‘‘chapter 5 of the NAFTA’’
and inserting ‘‘chapter 5 of the USMCA’’; and
(ii) in subparagraph (B), by striking ‘‘Article 503
of the NAFTA’’ and inserting ‘‘article 5.5 of the
USMCA’’; and
(D) in paragraph (5)—
(i) in subparagraph (A), by striking ‘‘NAFTA’’ and
inserting ‘‘North American Free Trade Agreement
entered into between the United States, Mexico, and
Canada on December 17, 1992’’; and
(ii) in subparagraph (C), by striking ‘‘NAFTA’’ each
place it appears and inserting ‘‘USMCA’’; and
(3) in section 213A(b) (19 U.S.C. 2703a(b))—
(A) in paragraph (1)(B)(vii)(I)(aa), by striking ‘‘Annex
401 of the NAFTA’’ and inserting ‘‘Annex 4–B of the
USMCA’’; and
(B) in paragraph (5)(A)(i), by striking ‘‘Annex 401 of
the NAFTA’’ and inserting ‘‘Annex 4–B of the USMCA’’.
(c) TRADE FACILITATION AND TRADE ENFORCEMENT ACT OF
2015.—Section 403 of the Trade Facilitation and Trade Enforcement
Act of 2015 (19 U.S.C. 4362) is amended by striking ‘‘article 1902
of the North American Free Trade Agreement and section 408
of the North American Free Trade Agreement Implementation Act
(19 U.S.C. 3438)’’ and inserting ‘‘article 10.10 of the USMCA (as
defined in section 3 of the United States-Mexico-Canada Agreement
Implementation Act (19 U.S.C. 4502)) and section 418 of the United
States-Mexico-Canada Agreement Implementation Act (19 U.S.C.
4588)’’.
(d) TITLE 35, UNITED STATES CODE.—Section 11 of title 35,
United States Code, is amended—
(1) by striking ‘‘The Director’’ and inserting ‘‘(a) IN GENERAL.—The Director’’;
(2) by striking ‘‘other than a NAFTA country’’ and inserting
‘‘other than a USMCA country’’; and
(3) by striking the third sentence and inserting the following:
‘‘(b) DEFINITIONS.—In this section—
‘‘(1) the term ‘USMCA country’ has the meaning given
that term in section 3 of the United States-Mexico-Canada
Agreement Implementation Act (19 U.S.C. 4502); and
‘‘(2) the term ‘WTO member country’ has the meaning
given that term in section 2(10) of the Uruguay Round Agreements Act (19 U.S.C. 3501(10)).’’.
(e) ENERGY POLICY ACT OF 1992.—Section 1011(b) of the Energy
Policy Act of 1992 (42 U.S.C. 2296b(b)) is amended by striking
‘‘North American Free Trade Agreement’’ and inserting ‘‘USMCA
(as defined in section 3 of the United States-Mexico-Canada Agreement Implementation Act (19 U.S.C. 4502))’’.

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134 STAT. 2154

19 USC 2578b
note.

PUBLIC LAW 116–260—DEC. 27, 2020

(f) TRADE AGREEMENTS ACT OF 1979.—Section 493(a)(5)(D) of
the Trade Agreements Act of 1979 (19 U.S.C. 2578b(a)(5)(D)) is
amended by striking ‘‘the NAFTA countries (as defined in section
2(4) of the North American Free Trade Agreement Implementation
Act)’’ and inserting ‘‘the USMCA countries (as defined in section
3 of the United States-Mexico-Canada Agreement Implementation
Act (19 U.S.C. 4502))’’.
(g) EFFECTIVE DATE.—This section and the amendments made
by this section shall take effect on July 1, 2020.

TITLE VII—DEPUTY ARCHITECT OF THE
CAPITOL AMENDMENTS
SEC. 701. ARCHITECT OF THE CAPITOL.

Appointment.
Determination.

(a) DELEGATION OF AUTHORITY.—The matter under the heading
‘‘OFFICE OF THE ARCHITECT OF THE CAPITOL’’ under the heading
‘‘ARCHITECT OF THE CAPITOL’’ of the Legislative Appropriation
Act, 1956 (2 U.S.C. 1803) is amended by striking ‘‘delegate to
the assistants’’ and all that follows through ‘‘2003’’ and inserting
‘‘delegate the duties and authorities of the Architect to officers
and employees of the Office of the Architect of the Capitol, as
the Architect determines appropriate’’.
(b) DEPUTY ARCHITECT OF THE CAPITOL.—Section 1203 of title
I of division H of the Consolidated Appropriations Resolution, 2003
(2 U.S.C. 1805) is amended—
(1) in the section heading, by striking ‘‘CAPITOL/CHIEF
OPERATING OFFICER’’ and inserting ‘‘CAPITOL’’;
(2) in subsection (a), by striking ‘‘There shall be’’ and all
that follows and inserting ‘‘The Architect of the Capitol shall
appoint a suitable individual to be the Deputy Architect of
the Capitol. The Architect may delegate to the Deputy Architect
such duties as the Architect determines are necessary or appropriate.’’;
(3) by striking subsections (b) through (g);
(4) by redesignating subsection (h) as subsection (b); and
(5) by striking subsections (i) and (j).

TITLE VIII—PANDEMIC RESPONSE ACCOUNTABILITY COMMITTEE AMENDMENTS
SEC. 801. AMENDMENTS TO THE PANDEMIC RESPONSE ACCOUNTABILITY COMMITTEE.

(a) APPROPRIATIONS.—
(1) IN GENERAL.—Title V of division B of the Coronavirus
Aid, Relief, and Economic Security Act (Public Law 116–136)
is amended in the matter under the heading ‘‘PANDEMIC
RESPONSE ACCOUNTABILITY COMMITTEE’’ under the heading
‘‘INDEPENDENT AGENCIES’’ by striking ‘‘funds provided in’’
and inserting ‘‘covered funds and the Coronavirus response
as provided in section 15010 of’’.
(2) EMERGENCY DESIGNATION.—The amounts repurposed in
this section that were previously designated by the Congress

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as an emergency requirement pursuant to the Balanced Budget
and Emergency Deficit Control Act of 1985 are designated
by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
(b) DEFINITION OF COVERED FUNDS.—Section 15010(a)(6) of division B of the Coronavirus, Aid, Relief, and Economic Security Act
(Public Law 116–136) is amended—
(1) in subparagraph (A), by striking ‘‘this Act’’ and inserting
‘‘the Coronavirus Aid, Relief, and Economic Security Act (divisions A and B)’’;
(2) in subparagraph (C), by striking ‘‘or’’ at the end; and
(3) by striking subparagraph (D) and inserting the following:
‘‘(D) the Paycheck Protection Program and Health Care
Enhancement Act (Public Law 116–139); or
‘‘(E) divisions M and N of the Consolidated Appropriations Act, 2021; and’’.

Ante, p. 553.

TITLE IX—ADJUSTMENT OF STATUS
FOR LIBERIAN NATIONALS EXTENSION
SEC. 901. EXTENSION OF PERIOD FOR ADJUSTMENT OF STATUS FOR
CERTAIN LIBERIAN NATIONALS.

Section 7611(b)(1)(A) of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116–92) is amended by striking
‘‘1 year’’ and inserting ‘‘2 years’’.

8 USC 1255 note.

TITLE X—CLEAN UP THE CODE ACT OF
2019

Clean Up the
Code Act of 2019.

SEC. 1001. SHORT TITLE.

18 USC 1 note.

This title may be cited as the ‘‘Clean Up the Code Act of
2019’’.

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SEC. 1002. REPEALS.

The following provisions of title 18, United States Code, are
repealed:
(1) Section 46 relating to transportation of water hyacinths.
(2) Section 511A relating to unauthorized application of
theft prevention decal or device.
(3) Section 707 relating to 4–H club emblem fraudulently
used.
(4) Section 708 relating to Swiss Confederation coat of
arms.
(5) Section 711 relating to ‘‘Smokey Bear’’ character or
name.
(6) Section 711a relating to ‘‘Woodsy Owl’’ character, name,
or slogan.
(7) Section 715 relating to ‘‘The Golden Eagle Insignia’’.
(8) Chapter 89—Professions and Occupations.
(9) Section 1921 relating to receiving Federal employees’
compensation after marriage.

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18 USC 1821
prec. and 1821.

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134 STAT. 2156

PUBLIC LAW 116–260—DEC. 27, 2020

SEC. 1003. CLERICAL AMENDMENTS.
18 USC 1 prec.

18 USC 41 prec.

18 USC 470 prec.

18 USC 700 prec.

18 USC 1901
prec.

(a) TABLE OF CHAPTERS FOR PART I OF TITLE 18.—The table
of chapters for part I of title 18, United States Code, is amended
by striking the item relating to chapter 89.
(b) TABLE OF SECTIONS FOR CHAPTER 3.—The table of sections
for chapter 3 of title 18, United States Code, is amended by striking
the item relating to section 46.
(c) TABLE OF SECTIONS FOR CHAPTER 25.—The table of sections
for chapter 25 of title 18, United States Code, is amended by
striking the item relating to section 511A.
(d) TABLE OF SECTIONS FOR CHAPTER 33.—The table of sections
for chapter 33 of title 18, United States Code, is amended—
(1) by striking the item relating to section 707;
(2) by striking the item relating to section 708;
(3) by striking the item relating to section 711;
(4) by striking the item relating to section 711a; and
(5) by striking the item relating to section 715.
(e) TABLE OF SECTIONS FOR CHAPTER 93.—The table of sections
for chapter 93 of title 18, United States Code, is amended by
striking the item relating to section 1921.

TITLE XI—AMENDMENTS TO PROVISIONS RELATING TO CHILD CARE
CENTERS
SEC. 1101. PROVISIONS RELATING TO CHILD CARE CENTERS.

Ante, p. 577.

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Time period.

Ante, p. 578.

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(a) SENATE EMPLOYEE CHILD CARE CENTER.—Section 19001
of the Coronavirus Aid, Relief, and Economic Security Act (2 U.S.C.
2063 note) is amended—
(1) by striking ‘‘The Secretary’’ and all that follows through
‘‘per month,’’ and inserting the following:
‘‘(a) REIMBURSEMENTS.—During the period beginning on July
1, 2020 and ending on the termination date of the public health
emergency declared pursuant to section 319 of the Public Health
Service Act (42 U.S.C. 247d) resulting from the COVID–19 pandemic, the Secretary of the Senate shall reimburse the Senate
Employee Child Care Center for expenses, due to measures taken
in the Capitol complex to combat coronavirus, as calculated under
subsection (b) and’’; and
(2) by adding at the end the following:
‘‘(b) AMOUNT.—The amount of the reimbursement under this
section for each month of the period described in subsection (a)
shall be equal to the difference between—
‘‘(1) the lesser of—
‘‘(A) the amount of the operating costs (including payroll, general, and administrative expenses) of the Center
for such month; or
‘‘(B) $105,000; and
‘‘(2) the amount of tuition payments collected by the Center
for such month.’’.
(b) LITTLE SCHOLARS CHILD DEVELOPMENT CENTER.—Section
19004 of the Coronavirus Aid, Relief, and Economic Security Act
(2 U.S.C. 162b note) is amended—
(1) by striking ‘‘The Library of Congress’’ and all that
follows through ‘‘per month,’’ and inserting the following:

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‘‘(a) REIMBURSEMENTS.—During the period beginning on the
date of enactment of the Consolidated Appropriations Act, 2021
and ending on the termination date of the public health emergency
declared pursuant to section 319 of the Public Health Service Act
(42 U.S.C. 247d) resulting from the COVID–19 pandemic, the
Library of Congress shall reimburse the Little Scholars Child
Development Center for expenses, due to measures taken in the
Capitol complex to combat coronavirus, as calculated under subsection (b) and’’; and
(2) by adding at the end the following:
‘‘(b) AMOUNT.—The amount of the reimbursement under this
section for each month of the period described in subsection (a)
shall be equal to the difference between—
‘‘(1) the lesser of—
‘‘(A) the amount of the operating costs (including payroll, general, and administrative expenses) of the Center
for such month; or
‘‘(B) $118,500; and
‘‘(2) the amount of tuition payments collected by the Center
for such month.’’.
(3) TINY FINDINGS CHILD DEVELOPMENT CENTER.—Section
19009 of the Coronavirus Aid, Relief, and Economic Security
Act (Public Law 116–136; 134 Stat. 579) is amended—
(A) by striking ‘‘The Government’’ and all that follows
through ‘‘per month,’’ and inserting the following:
‘‘(a) REIMBURSEMENTS.—During the period beginning on the
date of enactment of the Consolidated Appropriations Act, 2021
and ending on the termination date of the public health emergency
declared pursuant to section 319 of the Public Health Service Act
(42 U.S.C. 247d) resulting from the COVID–19 pandemic, the
Government Accountability Office shall reimburse the Tiny Findings
Child Development Center for expenses, due to measures taken
in the Capitol complex to combat coronavirus, as calculated under
subsection (b) and’’; and
(B) by adding at the end the following:
‘‘(b) AMOUNT.—The amount of the reimbursement under this
section for each month of the period described in subsection (a)
shall be equal to the difference between—
‘‘(1) the lesser of—
‘‘(A) the amount of the operating costs (including payroll, general, and administrative expenses) of the Center
for such month; or
‘‘(B) $162,500; and
‘‘(2) the amount of tuition payments collected by the Center
for such month.’’.

Time period.

31 USC 781 note.

Time period.

TITLE XII—ALASKA NATIVES
EXTENSION

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SEC. 1201. ALASKA NATIVES.

Applicability.

Section 424(a) of the Consolidated Appropriations Act, 2014
(Public Law 113–76), as amended by section 428 of the Consolidated
Appropriations Act, 2018 (Public Law 115–141), shall be applied
by substituting ‘‘October 1, 2022’’ for ‘‘October 1, 2019’’.

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PUBLIC LAW 116–260—DEC. 27, 2020

TITLE XIII—OPEN TECHNOLOGY FUND
OPPORTUNITY TO CONTEST PROPOSED DEBARMENT
SEC. 1301. OPEN TECHNOLOGY FUND OPPORTUNITY TO CONTEST PROPOSED DEBARMENT.

(a) EFFECTIVE DATE.—Section 1299Q of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 is amended by adding at the end the following:
‘‘(g) EFFECTIVE DATE.—This section and the amendments made
by this section shall take effect on the date that is 90 days after
the date of the enactment of this Act.’’.
(b) OPEN TECHNOLOGY FUND OPPORTUNITY TO CONTEST PROPOSED DEBARMENT.—Notwithstanding any provision of law or regulation, including section 513.313 of title 22, Code of Federal Regulations, in any debarment proceeding concerning the Open Technology
Fund that is initiated prior to the date of enactment of this Act,
the Open Technology Fund shall have 90 calendar days after receipt
of any notice of proposed debarment to submit, in person, in writing,
or through a representative, information and argument in opposition
to the proposed debarment, before such proposed debarment may
proceed to additional proceedings or decision.

Ante, p. 4020.

Deadline.

TITLE XIV—BUDGETARY EFFECTS
SEC. 1401. BUDGETARY EFFECTS.

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Effective date.

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(a) STATUTORY PAYGO SCORECARDS.—The budgetary effects
of division N, this division, and each succeeding division, except
for title VIII of division O and title XIII of division FF, shall
not be entered on either PAYGO scorecard maintained pursuant
to section 4(d) of the Statutory Pay-As-You-Go Act of 2010.
(b) SENATE PAYGO SCORECARDS.—The budgetary effects of
division N, this division, and each succeeding division, except for
title VIII of division O and title XIII of division FF, shall not
be entered on any PAYGO scorecard maintained for purposes of
section 4106 of H. Con. Res. 71 (115th Congress).
(c) CLASSIFICATION OF BUDGETARY EFFECTS.—Notwithstanding
Rule 3 of the Budget Scorekeeping Guidelines set forth in the
joint explanatory statement of the committee of conference accompanying Conference Report 105–217 and section 250(c)(8) of the
Balanced Budget and Emergency Deficit Control Act of 1985, the
budgetary effects of division N, this division, and each succeeding
division, except for title VIII of division O and title XIII of division
FF, shall not be estimated—
(1) for purposes of section 251 of such Act; and
(2) for purposes of paragraph (4)(C) of section 3 of the
Statutory Pay-As-You-Go Act of 2010 as being included in an
appropriation Act.
(d) BALANCES ON THE PAYGO SCORECARDS.—Effective on the
date of the adjournment of the second session of the 116th Congress,
and for the purposes of the annual report issued pursuant to section
5 of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 934) after
such adjournment and for determining whether a sequestration
order is necessary under such section, the balances on the PAYGO

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134 STAT. 2159

scorecards established pursuant to paragraphs (4) and (5) of section
4(d) of such Act shall be zero.

DIVISION P—NATIONAL BIO AND AGRODEFENSE FACILITY ACT OF 2020
SEC. 1. SHORT TITLE.

National Bio and
Agro-Defense
Facility Act of
2020.
7 USC 9201 note.

This division may be cited as the ‘‘National Bio and AgroDefense Facility Act of 2020’’.
SEC. 2. DEFINITIONS.

7 USC 9201.

In this Act:
(1) ANIMAL.—The term ‘‘animal’’ has the meaning given
the term in section 10403 of the Animal Health Protection
Act (7 U.S.C. 8302).
(2) TRANSBOUNDARY DISEASE.—The term ‘‘transboundary
disease’’ has the meaning given the term in section 12203(a)
of the Agriculture Improvement Act of 2018 (7 U.S.C. 8914(a)).
(3) VETERINARY COUNTERMEASURE.—The term ‘‘veterinary
countermeasure’’ has the meaning given the term in section
10403 of the Animal Health Protection Act (7 U.S.C. 8302).

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SEC. 3. NATIONAL BIO AND AGRO-DEFENSE FACILITY.

7 USC 9202.

(a) IN GENERAL.—The National Bio and Agro-Defense Facility
shall be a national security laboratory asset to provide integrated
research, development, and test and evaluation infrastructure to
improve preparedness and response capabilities to prevent, detect,
respond to, or mitigate harm resulting from animal pests or diseases
and zoonotic diseases for the purpose of defending the United States
against bio- and agro-threats, whether naturally occurring or intentional.
(b) MISSION.—Pursuant to subsection (a), the mission of the
National Bio and Agro-Defense Facility shall be to protect the
food supply, agriculture, and public health of the United States,
including by—
(1) integrating agricultural, zoonotic disease, and other
research, as appropriate;
(2) addressing threats from high-consequence zoonotic disease agents, emerging foreign animal diseases, and animal
transboundary diseases;
(3) addressing biological threats;
(4) ensuring that research conducted at the National Bio
and Agro-Defense Facility addresses gaps that fall between
the ongoing animal and zoonotic disease research efforts across
the Federal Government and does not duplicate those ongoing
efforts;
(5) facilitating, integrating, and coordinating the development and implementation of the strategic plan for research
under section 4(a)(2), relating to protection of the food supply,
agriculture, and public health of the United States;
(6) providing appropriate education and training to prepare
for and respond to bio- and agro-defense threats;
(7) sharing data and related information with appropriate
Federal departments or agencies, as requested by the heads
of those departments or agencies, or as necessary, to support
biological material threat assessments; and

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134 STAT. 2160

(8) sharing data and related information, and developing
strategic partnerships, to enhance the carrying out of the duties
of the National Bio and Agro-Defense Facility for the development of priority zoonotic animal disease diagnostics, vaccines,
drugs, and other countermeasures.

Vaccines.

7 USC 9203.

SEC. 4. EVALUATION AND RESEARCH PLAN.

Time period.
Coordination.

(a) IN GENERAL.—Not less frequently than biennially, the Secretary of Agriculture, in coordination with the Secretary of Homeland Security and the heads of other appropriate Federal departments and agencies, shall—
(1) evaluate the work of the National Bio and Agro-Defense
Facility;
(2) develop, biennially update, and publish a strategic plan
for research at the National Bio and Agro-Defense Facility
based on priority risk and threat assessments, including strategies to—
(A) develop veterinary countermeasures for emerging
foreign animal diseases and animal transboundary diseases;
(B) provide advanced testing, diagnostic, and evaluation capabilities for threat detection, vulnerability assessments of animal and zoonotic diseases, and veterinary
countermeasures for animal and zoonotic diseases;
(C) assist, as appropriate, with the development, and
address vulnerability assessments, of the agriculture and
food sectors;
(D) address gaps in the ongoing animal and zoonotic
disease research efforts across the Federal Government,
ensuring not to duplicate those ongoing efforts; and
(E) be used for such other purposes as the Secretary
of Agriculture, in consultation with the Secretary of Homeland Security and the heads of other appropriate Federal
departments and agencies, determines to be appropriate;
and
(3) submit to the Committee on Agriculture, Nutrition,
and Forestry of the Senate, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee
on Agriculture of the House of Representatives, and the Committee on Homeland Security of the House of Representatives,
the strategic plan for research described in paragraph (2).
(b) CLASSIFIED INFORMATION.—The strategic plan for research
required under subsection (a)(2)—
(1) shall be published in an unclassified format that is
publicly available;
(2) shall be submitted under subsection (a)(3) in unclassified form; and
(3) may include in the submission under subsection (a)(3)
a classified annex for any sensitive or classified information,
as necessary.

Update.
Publication.

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Publication.
Public
information.

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PUBLIC LAW 116–260—DEC. 27, 2020

7 USC 9204.

SEC. 5. AVAILABILITY OF DATA AND CONGRESSIONAL BRIEFINGS.

Reports.

(a) IN GENERAL.—Every 6 months until the date described
in subsection (b), the Secretary of Agriculture, the Secretary of
Homeland Security, and the heads of other appropriate Federal
departments and agencies, as appropriate, shall provide to the
Committees on Agriculture, Nutrition, and Forestry and Homeland

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PUBLIC LAW 116–260—DEC. 27, 2020

VerDate Sep 11 2014

134 STAT. 2161

Security and Governmental Affairs of the Senate and the Committees on Agriculture and Homeland Security of the House of Representatives a report and briefing describing—
(1) progress under each phase described in the memorandum of agreement entitled ‘‘Memorandum of Agreement
Between the U.S. Department of Agriculture Marketing and
Regulatory Programs, the U.S. Department of Agriculture
Research, Education, and Economics, and the Department of
Homeland Security Science and Technology Directorate’’ and
dated June 20, 2019, that is not completed as of the date
of enactment of this Act;
(2) the status of the actions taken pursuant to the areas
of collaborative opportunity and responsibilities as described
in the memorandum of understanding entitled ‘‘Memorandum
of Understanding Between the U.S. Department of Agriculture
Marketing and Regulatory Programs, the U.S. Department of
Agriculture Research, Education, and Economics, and the
Department of Homeland Security Science and Technology
Directorate for National Bio and Agro-Defense Facility
Collaboration’’ and dated January 7, 2020; and
(3) the operations and mission of the National Bio and
Agro-Defense Facility, including the coordination and carrying
out of—
(A) the memorandum of agreement and memorandum
of understanding described in paragraphs (1) and (2),
respectively;
(B) any successor memoranda of agreement or understanding to the memorandum of agreement and memorandum of understanding described in paragraphs (1) and
(2), respectively;
(C) any similar joint agreement or understanding
between the Department of Agriculture and the Department of Homeland Security, or other relevant agencies,
that documents the biodefense mission of the National
Bio and Agro-Defense Facility; and
(D) research, including a description of the users of
the National Bio and Agro-Defense Facility.
(b) TERMINATION.—The reporting and briefing requirements
under subsection (a) shall terminate on the date that is 5 years
after the date on which the National Bio and Agro-Defense Facility
attains full operating capability.

Coordination.

SEC. 6. BUDGET AND REPORT.

7 USC 9205.

(a) BUDGET.—Concurrently with each budget submission to the
Director of the Office of Management and Budget, the Secretary
of Agriculture, the Secretary of Homeland Security, and the heads
of other appropriate Federal departments and agencies, as required
by Homeland Security Presidential Directive 9, shall jointly submit
to the Director of the Office of Management and Budget an
integrated budget plan for the defense and protection of the food
supply of the United States, including the operation and use of
the National Bio and Agro-Defense Facility.
(b) REPORT.—Not later than 60 days after the date on which
the budget of the United States Government is submitted by the
President under section 1105 of title 31, United States Code, for
each fiscal year, the Secretary of Agriculture, the Secretary of
Homeland Security, and the heads of other appropriate Federal

Plan.

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134 STAT. 2162

PUBLIC LAW 116–260—DEC. 27, 2020

departments and agencies shall jointly submit to Congress a report
describing an integrated budget plan described in subsection (a),
which shall be consistent with the budget submission of the President under that section for the defense and protection of the food
supply of the United States, including the operation and use of
the National Bio and Agro-Defense Facility.
SEC. 7. EFFECT ON OTHER AUTHORITIES.

7 USC 9206.

Nothing in this Act affects the authority of the Secretary of
Agriculture or the Secretary of Homeland Security under any other
provision of law or program relating to the protection of food supplies, agriculture, or public health.

DIVISION
Q—FINANCIAL
SERVICES
PROVISIONS
AND
INTELLECTUAL
PROPERTY
TITLE I—FINANCIAL SERVICES
PROVISIONS
SEC. 101. CARBON MONOXIDE ALARMS OR DETECTORS IN FEDERALLY
ASSISTED HOUSING.

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42 USC 1437a
note.

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(a) FINDINGS.—Congress finds that—
(1) carbon monoxide alarms are not required by federally
assisted housing programs, when not required by State or local
codes;
(2) numerous federally assisted housing residents have lost
their lives due to carbon monoxide poisoning;
(3) the effects of carbon monoxide poisoning occur immediately and can result in death in a matter of minutes;
(4) carbon monoxide exposure can cause permanent brain
damage, life-threatening cardiac complications, fetal death or
miscarriage, and death, among other harmful health conditions;
(5) carbon monoxide poisoning is especially dangerous for
unborn babies, children, elderly individuals, and individuals
with cardiovascular disease, among others with chronic health
conditions;
(6) the majority of the 4,600,000 families receiving Federal
housing assistance are families with young children, elderly
individuals, or individuals with disabilities, making them especially vulnerable to carbon monoxide poisoning;
(7) more than 400 people die and 50,000 additional people
visit the emergency room annually as a result of carbon monoxide poisoning;
(8) carbon monoxide poisoning is entirely preventable and
early detection is possible with the use of carbon monoxide
alarms;
(9) the Centers for Disease Control and Prevention warns
that carbon monoxide poisoning is entirely preventable and
recommends the installation of carbon monoxide alarms;
(10) the Office of Lead Hazard Control and Healthy Homes
of the Department of Housing and Urban Development recommends the installation of carbon monoxide alarms as a best

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134 STAT. 2163

practice to keep families and individuals safe and to protect
health; and
(11) in order to safeguard the health and well-being of
tenants in federally assisted housing, the Federal Government
should consider best practices for primary prevention of carbon
monoxide-related incidents.
(b) PUBLIC HOUSING, TENANT-BASED ASSISTANCE, AND PROJECTBASED ASSISTANCE.—The United States Housing Act of 1937 (42
U.S.C. 1437 et seq.) is amended—
(1) in section 3(a) (42 U.S.C. 1437a(a)), by adding at the
end the following:
‘‘(8) CARBON MONOXIDE ALARMS.—Each public housing
agency shall ensure that carbon monoxide alarms or detectors
are installed in each dwelling unit in public housing owned
or operated by the public housing agency in a manner that
meets or exceeds—
‘‘(A) the standards described in chapters 9 and 11
of the 2018 publication of the International Fire Code,
as published by the International Code Council; or
‘‘(B) any other standards as may be adopted by the
Secretary, including any relevant updates to the International Fire Code, through a notice published in the Federal Register.’’; and
(2) in section 8 (42 U.S.C. 1437f)—
(A) by inserting after subsection (i) the following:
‘‘(j) CARBON MONOXIDE ALARMS.—Each owner of a dwelling
unit receiving project-based assistance under this section shall
ensure that carbon monoxide alarms or detectors are installed in
the dwelling unit in a manner that meets or exceeds—
‘‘(1) the standards described in chapters 9 and 11 of the
2018 publication of the International Fire Code, as published
by the International Code Council; or
‘‘(2) any other standards as may be adopted by the Secretary, including any relevant updates to the International
Fire Code, through a notice published in the Federal Register.’’;
and
(B) in subsection (o), by adding at the end the following:
‘‘(21) CARBON MONOXIDE ALARMS.—Each dwelling unit
receiving tenant-based assistance or project-based assistance
under this subsection shall have carbon monoxide alarms or
detectors installed in the dwelling unit in a manner that meets
or exceeds—
‘‘(A) the standards described in chapters 9 and 11
of the 2018 publication of the International Fire Code,
as published by the International Code Council; or
‘‘(B) any other standards as may be adopted by the
Secretary, including any relevant updates to the International Fire Code, through a notice published in the Federal Register.’’.
(c) SUPPORTIVE HOUSING FOR THE ELDERLY.—Section 202(j) of
the Housing Act of 1959 (12 U.S.C. 1701q(j)) is amended by adding
at the end the following:
‘‘(9) CARBON MONOXIDE ALARMS.—Each owner of a dwelling
unit assisted under this section shall ensure that carbon monoxide alarms or detectors are installed in the dwelling unit
in a manner that meets or exceeds—

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134 STAT. 2164

PUBLIC LAW 116–260—DEC. 27, 2020

‘‘(A) the standards described in chapters 9 and 11
of the 2018 publication of the International Fire Code,
as published by the International Code Council; or
‘‘(B) any other standards as may be adopted by the
Secretary, including any relevant updates to the International Fire Code, through a notice published in the Federal Register.’’.
(d) SUPPORTIVE HOUSING FOR PERSONS WITH DISABILITIES.—
Section 811(j) of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 8013(j)) is amended by adding at the end
the following:
‘‘(7) CARBON MONOXIDE ALARMS.—Each dwelling unit
assisted under this section shall contain installed carbon monoxide alarms or detectors that meet or exceed—
‘‘(A) the standards described in chapters 9 and 11
of the 2018 publication of the International Fire Code,
as published by the International Code Council; or
‘‘(B) any other standards as may be adopted by the
Secretary, including any relevant updates to the International Fire Code, through a notice published in the Federal Register.’’.
(e) HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS.—Section
856 of the Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 12905) is amended by adding at the end the following new
subsection:
‘‘(i) CARBON MONOXIDE ALARMS.—Each dwelling
unit assisted under this subtitle shall contain installed
carbon monoxide alarms or detectors that meet or
exceed—
‘‘(1) the standards described in chapters 9 and 11 of the
2018 publication of the International Fire Code, as published
by the International Code Council; or
‘‘(2) any other standards as may be adopted by the Secretary, including any relevant updates to the International
Fire Code, through a notice published in the Federal Register.’’.
(f) RURAL HOUSING.—Title V of the Housing Act of 1949 (42
U.S.C. 1471 et seq.) is amended—
(1) in section 514 (42 U.S.C. 1484), by adding at the end
the following:
‘‘(j) Housing and related facilities constructed with loans under
this section shall contain installed carbon monoxide alarms or detectors that meet or exceed—
‘‘(1) the standards described in chapters 9 and 11 of the
2018 publication of the International Fire Code, as published
by the International Code Council; or
‘‘(2) any other standards as may be adopted by the Secretary, in collaboration with the Secretary of Housing and
Urban Development, including any relevant updates to the
International Fire Code, through a notice published in the
Federal Register.’’; and
(2) in section 515(m) (42 U.S.C. 1485(m))—
(A) by inserting ‘‘(1)’’ before ‘‘The Secretary shall establish’’; and
(B) by adding at the end the following:
‘‘(2) Housing and related facilities rehabilitated or repaired
with amounts received under a loan made or insured under

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134 STAT. 2165

this section shall contain installed carbon monoxide alarms
or detectors that meet or exceed—
‘‘(A) the standards described in chapters 9 and 11
of the 2018 publication of the International Fire Code,
as published by the International Code Council; or
‘‘(B) any other standards as may be adopted by the
Secretary, in collaboration with the Secretary of Housing
and Urban Development, including any relevant updates
to the International Fire Code, through a notice published
in the Federal Register.’’.
(g) GUIDANCE.—The Secretary of Housing and Urban Development shall provide guidance to public housing agencies (as defined
in section 3(b)(6) of the United States Housing Act of 1937 (42
U.S.C. 1437a(b)(6)) on how to educate tenants on health hazards
in the home, including to carbon monoxide poisoning, lead poisoning,
asthma induced by housing-related allergens, and other housingrelated preventable outcomes, to help advance primary prevention
and prevent future deaths and other harms.
(h) EFFECTIVE DATE.—The amendments made by subsections
(b) through (e) shall take effect on the date that is 2 years after
the date of enactment of this Act.
(i) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section and the amendments
made by this section, $101,400,000 per year for each of fiscal
years 2021, 2022, and 2023.
(j) NO PREEMPTION.—Nothing in the amendments made by
this section shall be construed to preempt or limit the applicability
of any State or local law relating to the installation and maintenance of carbon monoxide alarms or detectors in housing that
requires standards that are more stringent than the standards
described in the amendments made by this section.
(k) STUDY ON INCLUSION OF CARBON MONOXIDE ALARMS OR
DETECTORS IN OTHER UNITS.—The Secretary of Housing and Urban
Development, in consultation with the Consumer Product Safety
Commission, shall conduct a study and issue a publicly available
report on requiring carbon monoxide alarms or detectors in federally
assisted housing that is not covered in the amendments made
by this section.

42 USC 1437a
note.

12 USC 1701q
note.

42 USC 1437a
note.

Consultation.
Public
information.
Reports.

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SEC. 102. PARTICIPATION OF INDIAN TRIBES AND TRIBALLY DESIGNATED HOUSING ENTITIES IN CONTINUUM OF CARE
PROGRAM.

(a) IN GENERAL.—Title IV of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11360 et seq.) is amended—
(1) in section 401 (42 U.S.C. 11360)—
(A) by redesignating paragraphs (10) through (33) as
paragraphs (12) through (35), respectively;
(B) by redesignating paragraphs (8) and (9) as paragraphs (9) and (10), respectively;
(C) by inserting after paragraph (7) the following:
‘‘(8) FORMULA AREA.—The term ‘formula area’ has the
meaning given the term in section 1000.302 of title 24, Code
of Federal Regulations, or any successor regulation.’’;
(D) in paragraph (9), as so redesignated, by inserting
‘‘a formula area,’’ after ‘‘nonentitlement area,’’; and
(E) by inserting after paragraph (10), as so redesignated, the following:

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Definition.

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134 STAT. 2166

PUBLIC LAW 116–260—DEC. 27, 2020
‘‘(11) INDIAN TRIBE.—The term ‘Indian Tribe’ has the
meaning given the term ‘Indian tribe’ in section 4 of the Native
American Housing Assistance and Self-Determination Act of
1996 (25 U.S.C. 4103).’’; and
(2) in subtitle C (42 U.S.C. 11381 et seq.), by adding at
the end the following:

42 USC 11389.

‘‘SEC. 435. INDIAN TRIBES AND TRIBALLY DESIGNATED HOUSING ENTITIES.

‘‘Notwithstanding any other provision of this title, for purposes
of this subtitle, an Indian Tribe or tribally designated housing
entity (as defined in section 4 of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103))
may—
‘‘(1) be a collaborative applicant or eligible entity; or
‘‘(2) receive grant amounts from another entity that receives
a grant directly from the Secretary, and use the amounts in
accordance with this subtitle.’’.
(b) TECHNICAL AND CONFORMING AMENDMENT.—The table of
contents in section 101(b) of the McKinney-Vento Homeless Assistance Act (Public Law 100–77; 101 Stat. 482) is amended by inserting
after the item relating to section 434 the following:
‘‘Sec. 435. Indian Tribes and tribally designated housing entities.’’.
SEC. 103. FOSTERING STABLE HOUSING OPPORTUNITIES.

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(a) DEFINITION OF FAMILY.—Subparagraph (A) of section 3(b)(3)
of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)(3)(A))
is amended—
(1) in the first sentence—
(A) by striking ‘‘(v)’’ and inserting ‘‘(vi)’’; and
(B) by inserting after ‘‘tenant family,’’ the following:
‘‘(v) a youth described in section 8(x)(2)(B),’’; and
(2) in the second sentence, by inserting ‘‘or (vi)’’ after
‘‘clause (v)’’.
(b) HOUSING CHOICE VOUCHERS FOR FOSTERING STABLE
HOUSING OPPORTUNITIES.—
(1) ASSISTANCE FOR YOUTH AGING OUT OF FOSTER CARE.—
Section 8(x) of the United States Housing Act of 1937 (42
U.S.C. 1437f(x)) is amended—
(A) in paragraph (2), by inserting ‘‘subject to paragraph
(5),’’ after ‘‘(B)’’;
(B) in paragraph (3)—
(i) By striking ‘‘(3) ALLOCATION.—The’’ and
inserting the following:
‘‘(3) ALLOCATION.—
‘‘(A) IN GENERAL.—The’’; and
(ii) by adding at the end the following new
subparagraph:
‘‘(B) ASSISTANCE FOR YOUTH AGING OUT OF FOSTER
CARE.—Notwithstanding any other provision of law, the
Secretary shall, subject only to the availability of funds,
allocate such assistance to any public housing agencies
that (i) administer assistance pursuant to paragraph (2)(B),
or seek to administer such assistance, consistent with
procedures established by the Secretary, (ii) have requested
such assistance so that they may provide timely assistance

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134 STAT. 2167

to eligible youth, and (iii) have submitted to the Secretary
a statement describing how the agency will connect assisted
youths with local community resources and self-sufficiency
services, to the extent they are available, and obtain referrals from public child welfare agencies regarding youths
in foster care who become eligible for such assistance.’’;
(C) by redesignating paragraph (5) as paragraph (6);
and
(D) by inserting after paragraph (4) the following new
paragraph:
‘‘(5) REQUIREMENTS FOR ASSISTANCE FOR YOUTH AGING OUT
OF FOSTER CARE.—Assistance provided under this subsection
for an eligible youth pursuant to paragraph (2)(B) shall be
subject to the following requirements:
‘‘(A) REQUIREMENTS TO EXTEND ASSISTANCE.—
‘‘(i) PARTICIPATION IN FAMILY SELF-SUFFICIENCY.—
In the case of a public housing agency that is providing
such assistance under this subsection on behalf of an
eligible youth and that is carrying out a family selfsufficiency program under section 23, the agency shall,
subject only to the availability of such assistance,
extend the provision of such assistance for up to 24
months beyond the period referred to in paragraph
(2)(B), but only during such period that the youth
is in compliance with the terms and conditions
applicable under section 23 and the regulations implementing such section to a person participating in a
family self-sufficiency program.
‘‘(ii) EDUCATION, WORKFORCE DEVELOPMENT, OR
EMPLOYMENT.—In the case of a public housing agency
that is providing such assistance under this subsection
on behalf of an eligible youth and that is not carrying
out a family self-sufficiency program under section 23,
or is carrying out such a program in which the youth
has been unable to enroll, the agency shall, subject
only to the availability of such assistance, extend the
provision of such assistance for two successive 12month periods, after the period referred to in paragraph (2)(B), but only if for not less than 9 months
of the 12-month period preceding each such extension
the youth was—
‘‘(I) engaged in obtaining a recognized postsecondary credential or a secondary school diploma
or its recognized equivalent;
‘‘(II) enrolled in an institution of higher education, as such term is defined in section 101(a)
of the Higher Education Act of 1965 (20 U.S.C.
1001(a)) and including the institutions described
in subparagraphs (A) and (B) of section 102(a)(1)
of such Act (20 U.S.C. 1002(a)(1)); or
‘‘(III) participating in a career pathway, as
such term is defined in section 3 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102).
Notwithstanding any other provision of this clause,
a public housing agency shall consider employment
as satisfying the requirements under this subparagraph.

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‘‘(iii) EXCEPTIONS.—Notwithstanding clauses (i)
and (ii), a public housing agency that is providing
such assistance under this subsection on behalf of an
eligible youth shall extend the provision of such assistance for up to 24 months beyond the period referred
to in paragraph (2)(B), and clauses (i) and (ii) of this
subparagraph shall not apply, if the eligible youth
certifies that he or she is—
‘‘(I) a parent or other household member
responsible for the care of a dependent child under
the age of 6 or for the care of an incapacitated
person;
‘‘(II) a person who is regularly and actively
participating in a drug addiction or alcohol treatment and rehabilitation program; or
‘‘(III) a person who is incapable of complying
with the requirement under clause (i) or (ii), as
applicable, due to a documented medical condition.
‘‘(iv) VERIFICATION OF COMPLIANCE.—The Secretary
shall require the public housing agency to verify
compliance with the requirements under this subparagraph by each eligible youth on whose behalf the
agency provides such assistance under this subsection
on an annual basis in conjunction with reviews of
income for purposes of determining income eligibility
for such assistance.
‘‘(B) SUPPORTIVE SERVICES.—
‘‘(i) ELIGIBILITY.—Each eligible youth on whose
behalf such assistance under this subsection is provided shall be eligible for any supportive services (as
such term is defined in section 3 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102))
made available, in connection with any housing assistance program of the agency, by or through the public
housing agency providing such assistance.
‘‘(ii) INFORMATION.—Upon the initial provision of
such assistance under this subsection on behalf of any
eligible youth, the public housing agency shall inform
such eligible youth of the existence of any programs
or services referred to in clause (i) and of their eligibility for such programs and services.
‘‘(C) APPLICABILITY TO MOVING TO WORK AGENCIES.—
Notwithstanding any other provision of law, the requirements of this paragraph shall apply to assistance under
this subsection pursuant to paragraph (2)(B) made available by each public housing agency participating in the
Moving to Work Program under section 204 of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996
(42 U.S.C. 1437f note), except that in lieu of compliance
with clause (i) or (ii) of subparagraph (A) of this paragraph,
such an agency may comply with the requirements under
such clauses by complying with such terms, conditions,
and requirements as may be established by the agency
for persons on whose behalf such rental assistance under
this subsection is provided.

Time period.
Certification.

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Requirement.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2169

‘‘(D) TERMINATION OF VOUCHERS UPON TURN-OVER.—
A public housing agency shall not reissue any such assistance made available from appropriated funds when assistance for the youth initially assisted is terminated, unless
specifically authorized by the Secretary.
‘‘(E) REPORTS.—
‘‘(i) IN GENERAL.—The Secretary shall require each
public housing agency that provides such assistance
under this subsection in any fiscal year to submit
a report to the Secretary for such fiscal year that—
‘‘(I) specifies the number of persons on whose
behalf such assistance under this subsection was
provided during such fiscal year;
‘‘(II) specifies the number of persons who
applied during such fiscal year for such assistance
under this subsection, but were not provided such
assistance, and provides a brief identification in
each instance of the reason why the public housing
agency was unable to award such assistance; and
‘‘(III) describes how the public housing agency
communicated or collaborated with public child
welfare agencies to collect such data.
‘‘(ii) INFORMATION COLLECTIONS.—The Secretary
shall, to the greatest extent possible, utilize existing
information collections, including the voucher management system (VMS), the Inventory Management
System/PIH Information Center (IMS/PIC), or the
successors of those systems, to collect information
required under this subparagraph.
‘‘(F) CONSULTATION.—The Secretary shall consult with
the Secretary of Health and Human Services to provide
such information and guidance to the Secretary of Health
and Human Services as may be necessary to facilitate
such Secretary in informing States and public child welfare
agencies on how to correctly and efficiently implement and
comply with the requirements of this subsection relating
to assistance provided pursuant to paragraph (2)(B).’’.
(2) APPLICABILITY TO FOSTERING STABLE HOUSING
OPPORTUNITIES PROGRAM.—Subparagraph (A) of section 8(x)(4)
of the United States Housing Act of 1937 (42 U.S.C.
1437f(x)(4)(A)) is amended by inserting before the semicolon
at the end the following: ‘‘and establishing a point of contact
at public housing agencies to ensure that public housing agencies receive appropriate referrals regarding eligible recipients’’.
(3) PHA ADMINISTRATIVE FEES.—Subsection (q) of section
8 of the United States Housing Act of 1937 (42 U.S.C. 1437f(q))
is amended by adding at the end the following new paragraph:
‘‘(5) SUPPLEMENTS FOR ADMINISTERING ASSISTANCE FOR
YOUTH AGING OUT OF FOSTER CARE.—The Secretary may provide
supplemental fees under this subsection to the public housing
agency for the cost of administering any assistance for foster
youth under subsection (x)(2)(B), in an amount determined
by the Secretary, but only if the agency waives for such eligible
youth receiving assistance any residency requirement that it
has otherwise established pursuant to subsection (r)(1)(B)(i).’’.
(c) EXCEPTIONS TO LIMITATIONS FOR PROJECT-BASED VOUCHER
ASSISTANCE.—

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Requirement.

Determination.

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134 STAT. 2170

42 USC 1437a
note.

42 USC 11382
note.
Time period.

PUBLIC LAW 116–260—DEC. 27, 2020

(1) PERCENTAGE LIMITATION.—The first sentence of clause
(ii) of section 8(o)(13)(B) of the United States Housing Act
of 1937 (42 U.S.C. 1437f(o)(13)(B)(ii)), as amended by section
106(a)(2) of the Housing Opportunity Through Modernization
Act of 2016 (Public Law 114-201), is further amended by
inserting before ‘‘or that’’ the following: ‘‘that house eligible
youths receiving assistance pursuant to subsection (x)(2)(B),’’.
(2) INCOME-MIXING REQUIREMENT.—Subclause (I) of section
8(o)(13)(D)(ii) of the United States Housing Act of 1937 (42
U.S.C. 1437f(o)(13)(D)(ii)(I)), as amended by section 106(a)(3)
of the Housing Opportunity Through Modernization Act of 2016
(Public Law 114-201), is further amended by inserting after
‘‘elderly families’’ the following: ‘‘, to eligible youths receiving
assistance pursuant to subsection (x)(2)(B),’’.
(d) APPLICABILITY.—The amendments made by this section shall
not apply to housing choice voucher assistance made available
pursuant to section 8(x) of the United States Housing Act of 1937
(42 U.S.C. 1437f(x)) that is in use on behalf of an assisted family
as of the date of the enactment of this Act.
SEC. 104. HOMELESS ASSISTANCE GRANTS.

(a) RENEWAL OF CONTINUUM OF CARE PROJECTS.—In allocating
and awarding amounts provided for the Continuum of Care program
under subtitle C of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381 et seq.), the Secretary of Housing and
Urban Development shall renew for one 12-month period, without
additional competition, all projects with existing grants expiring
during calendar year 2021, including youth homelessness demonstration projects and shelter plus care projects expiring during
calendar year 2021, notwithstanding any inconsistent provisions
in subtitle C of title IV of the McKinney-Vento Homeless Assistance
Act or any other Act.
(b) PLANNING AND UNIFIED FUNDING AGENCY AWARDS.—Continuum of Care planning and Unified Funding Agency awards
expiring in calendar year 2021 may also be renewed and the Continuum of Care may designate a new collaborative applicant to
receive the award in accordance with the existing process established by the Secretary of Housing and Urban Development.
(c) NOTICE.—The Secretary of Housing and Urban Development
shall publish a notice that identifies and lists all projects and
awards eligible for such noncompetitive renewal, prescribes the
format and process by which the projects and awards from the
list will be renewed, makes adjustments to the renewal amount
based on changes to the fair market rent, and establishes a maximum amount for the renewal of planning and Unified Funding
Agency awards notwithstanding the requirement that such maximum amount be established in a notice of funding availability.
SEC.

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12 USC
1715z–13a note.

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105.

IMPROVEMENTS
HOUSING.

TO

LOAN

GUARANTEES

FOR

INDIAN

(a) FINDINGS.—Congress finds that—
(1) the extended timelines for approving lenders’ applications to participate in the program established under section
184 of the Housing and Community Development Act of 1992
(12 U.S.C. 1715z–13a) are unacceptably long;
(2) those extended timelines inhibit the ability of lenders
to provide needed mortgage loans on Native American reservations; and

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2171

(3) it can take a significant amount of time for certain
Bureau of Indian Affairs Land Title and Records Offices to
issue final certified title status reports for mortgages issued
on Indian trust land under section 184 of the Housing and
Community Development Act of 1992 (12 U.S.C. 1715z–13a),
which delays the guarantee of the loan by the Department
of Housing and Urban Development.
(b) DOCUMENTATION REQUIRED FOR INDIAN TRUST LAND.—Section 184(c) of the Housing and Community Development Act of
1992 (12 U.S.C. 1715z–13a(c)) is amended by adding at the end
the following:
‘‘(5) TRAILING DOCUMENTS.—
‘‘(A) IN GENERAL.—The Secretary may issue a certificate of guarantee under this subsection for a loan involving
a security interest in Indian trust land before the Secretary
receives the trailing documents required by the Secretary
from the Bureau of Indian Affairs, including the final certified title status report showing the recordation by the
Bureau of Indian Affairs of the mortgage relating to the
loan, if the originating lender agrees to indemnify the
Secretary for any losses that may result when—
‘‘(i) a claim payment is presented to the Secretary
due to the default of the borrower on the loan; and
‘‘(ii) the required trailing documents are outstanding.
‘‘(B) TERMINATION OF INDEMNIFICATION AGREEMENT.—
An indemnification agreement between an originating
lender and the Secretary described in subparagraph (A)
shall only terminate upon receipt by the Secretary of the
trailing documents described in that subparagraph in a
form and manner that is acceptable to the Secretary.
‘‘(C) RULE OF CONSTRUCTION.—Nothing in this paragraph shall be construed as authorizing the Bureau of
Indian Affairs to delay the issuance of a final certified
title status report and recorded mortgage relating to a
loan closed on Indian trust land.’’.
(c) REPORTING.—The Secretary of Housing and Urban Development shall—
(1) report to the Committee on Banking, Housing, and
Urban Affairs and the Committee on Indian Affairs of the
Senate and the Committee on Financial Services and the Committee on Natural Resources of the House of Representatives
on a semi-annual basis on the progress that the Secretary
is making to accelerate the processing of loan applications
on fee simple and Indian trust land under section 184 of the
Housing and Community Development Act of 1992 (12 U.S.C.
1715z–13a); and
(2) if there is no improvement in accelerating those processing timelines, submit to the committees described in paragraph (1) a report explaining the lack of improvement.

12 USC
1715z–13a note.

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SEC. 106. STUDY ON THE PROVISION OF AND RELIANCE UPON INVESTMENT RESEARCH INTO SMALL ISSUERS.

(a) STUDY REQUIRED.—The Securities and Exchange Commission shall conduct a study to evaluate the issues affecting the
provision of and reliance upon investment research into small

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134 STAT. 2172

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Recommendations.

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issuers, including emerging growth companies and companies considering initial public offerings.
(b) CONTENTS OF STUDY.—The study required under subsection
(a) shall consider—
(1) factors related to the demand for such research by
institutional and retail investors;
(2) the availability of such research, including—
(A) the number and types of firms who provide such
research;
(B) the volume of such research over time; and
(C) competition in the research market;
(3) conflicts of interest relating to the production and distribution of investment research;
(4) the costs of such research;
(5) the impacts of different payment mechanisms for investment research into small issuers, including whether such
research is paid for by—
(A) hard-dollar payments from research clients;
(B) payments directed from the client’s commission
income (i.e., ‘‘soft dollars’’); or
(C) payments from the issuer that is the subject of
such research;
(6) any unique challenges faced by minority-owned, womenowned, and veteran-owned small issuers in obtaining research
coverage; and
(7) the impact on the availability of research coverage
for small issuers due to—
(A) investment adviser concentration and consolidation,
including any potential impacts of fund-size on demand
for investment research of small issuers;
(B) broker and dealer concentration and consolidation,
including any relationships between the size of the firm
and allocation of resources for investment research into
small issuers;
(C) Securities and Exchange Commission rules;
(D) registered national securities association rules;
(E) State and Federal liability concerns;
(F) the settlement agreements referenced in Securities
and Exchange Commission Litigation Release No. 18438
(i.e., the ‘‘Global Research Analyst Settlement’’); and
(G) Directive 2014/65/EU of the European Parliament
and of the Council of 15 May 2014 on markets in financial
instruments and amending Directive 2002/92/EC and Directive 2011/61/EU, as implemented by the European Union
(‘‘EU’’) member states (‘‘MiFID II’’).
(c) REPORT REQUIRED.—Not later than 180 days after the date
of the enactment of this Act, the Securities and Exchange Commission shall submit to Congress a report that includes—
(1) the results of the study required by subsection (a);
and
(2) recommendations to increase the demand for, volume
of, and quality of investment research into small issuers,
including emerging growth companies and companies considering initial public offerings.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2173

SEC. 107. STUDY ON THRESHOLD LIMITS APPLICABLE TO DIVERSIFIED
COMPANIES.

(a) IN GENERAL.—The Securities and Exchange Commission
shall carry out a study of the 10 per centum threshold limitation
applicable to the definition of a diversified company under section
5(b)(1) of the Investment Company Act of 1940 (15 U.S.C. 80a–
5(b)(1)) and determine the impacts of such threshold limits upon
the protection of investors, efficiency, competition, and capital
formation.
(b) CONSIDERATIONS.—In carrying out the study required under
subsection (a), the Commission shall consider the following:
(1) The size and number of diversified companies that
are currently restricted in their ability to own more than 10
percent of the voting shares in an individual company.
(2) How the investing preferences of diversified companies
have shifted over time with respect to companies with smaller
market capitalizations and companies in industries where competition may be limited.
(3) The expected impact to small and emerging growth
companies regarding the availability of capital, related impacts
on investor confidence and risk, and impacts on competition,
if the threshold is increased or otherwise changed.
(4) The ability of registered funds to manage liquidity
risk.
(5) Any other consideration that the Commission considers
necessary and appropriate for the protection of investors.
(c) SOLICITATION OF PUBLIC COMMENTS.—In carrying out the
study required under subsection (a), the Commission may solicit
public comments.
(d) REPORT.—Not later than the end of the 180-day period
beginning on the date of enactment of this Act, the Commission
shall issue a report to the Congress, and make such report publicly
available on the website of the Commission, containing—
(1) all findings and determinations made in carrying out
the study required under subsection (a); and
(2) any legislative recommendations of the Commission.

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SEC. 108. CYBERSECURITY AND FINANCIAL SYSTEM RESILIENCE
REPORT.

Time period.
Public
information.
Web posting.

Recommendations.
12 USC 1811
note.

(a) IN GENERAL.—Not later than the end of the 180-day period
beginning on the date of enactment of this Act, and annually
thereafter, each banking regulator shall submit a report to the
Committee on Financial Services of the House of Representatives
and the Committee on Banking, Housing, and Urban Affairs of
the Senate that provides a detailed explanation of measures undertaken to strengthen cybersecurity within the financial services
sector and with respect to the functions of the regulator, including
the supervision and regulation of financial institutions and, where
applicable, third-party service providers. Each such report shall
specifically include a detailed analysis of—
(1) policies and procedures (including those described under
section 3554(b) of title 44, United States Code) to detect, defend
against, and respond to—
(A) efforts to deny access to or degrade, disrupt, or
destroy any information and communications technology
system or network, or exfiltrate information from such
a system or network without authorization;

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134 STAT. 2174

PUBLIC LAW 116–260—DEC. 27, 2020

(B) destructive malware attacks;
(C) denial of service activities; and
(D) any other efforts that may threaten the functions
of the banking regulator or entities overseen by the regulator by undermining cybersecurity and the resilience of
the financial system;
(2) activities to ensure the effective implementation of policies and procedures described under paragraph (1), including—
(A) the appointment of qualified staff, the provision
of staff training, the use of accountability measures to
support staff performance, and the designation, if any,
of senior appointed leadership to strengthen accountability
for oversight of cybersecurity measures within each
banking regulator and among regulated entities;
(B) deployment of adequate resources and technologies;
(C) efforts of the banking regulators to respond to
cybersecurity-related findings and recommendations of the
Inspector General of the banking regulator or the independent evaluation described under section 3555 of title
42, United States Code;
(D) industry efforts to respond to cybersecurity-related
findings and recommendations of the banking regulators;
(E) as appropriate, efforts to strengthen cybersecurity
in coordination with other Federal departments and agencies, domestic and foreign financial institutions, and other
partners, including the development and dissemination of
best practices regarding cybersecurity and the sharing of
threat information; and
(3) any current or emerging threats that are likely to
pose a risk to the resilience of the financial system.
(b) FORM OF REPORT.—The report required under subsection
(a) shall be submitted in unclassified form, but may include a
classified annex, if appropriate.
(c) CONGRESSIONAL BRIEFING.—Upon request, the head of each
banking regulator shall provide a detailed briefing to the appropriate Members of Congress on each report submitted pursuant
to subsection (a), except—
(1) the Chairman of the Board of Governors of the Federal
Reserve System may designate another member of the Board
of Governors of the Federal Reserve System to provide such
briefing;
(2) the Chairperson of the Federal Deposit Insurance Corporation may designate another member of the Board of Directors of the Corporation to provide such briefing; and
(3) the Chairman of the National Credit Union Administration may designate another member of the National Credit
Union Administration Board to provide such briefing.
(d) DEFINITIONS.—For the purposes of this section:
(1) APPROPRIATE MEMBERS OF CONGRESS.—The term ‘‘appropriate Members of Congress’’ means the following:
(A) The Chairman and Ranking Member of the Committee on Financial Services of the House of Representatives.
(B) The Chairman and Ranking Member of the Committee on Banking, Housing, and Urban Affairs of the
Senate.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2175

(2) BANKING REGULATOR.—The term ‘‘banking regulator’’
means the Board of Governors of the Federal Reserve System,
the Comptroller of the Currency, the Federal Deposit Insurance
Corporation, and the National Credit Union Administration.
(3) SENIOR APPOINTED LEADERSHIP.—With respect to a
banking regulator, the term ‘‘senior appointed leadership’’
means a position that requires Senate confirmation.
(e) SUNSET.—The provisions of this section shall have no force
or effect on or after the date that is 7 years after the date of
enactment of this Act.

TITLE II—INTELLECTUAL PROPERTY
Subtitle A—Copyrights
SEC. 211. UNAUTHORIZED STREAMING.

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(a) AMENDMENT.—Chapter 113 of title 18, United States Code,
is amended by inserting after section 2319B the following:
‘‘§ 2319C. Illicit digital transmission services
‘‘(a) DEFINITIONS.—In this section—
‘‘(1) the terms ‘audiovisual work’, ‘computer program’,
‘copies’, ‘copyright owner’, ‘digital transmission’, ‘financial gain’,
‘motion picture’, ‘motion picture exhibition facility’, ‘perform’,
‘phonorecords’, ‘publicly’ (with respect to performing a work),
‘sound recording’, and ‘transmit’ have the meanings given those
terms in section 101 of title 17;
‘‘(2) the term ‘digital transmission service’ means a service
that has the primary purpose of publicly performing works
by digital transmission;
‘‘(3) the terms ‘publicly perform’ and ‘public performance’
refer to the exclusive rights of a copyright owner under paragraphs (4) and (6) of section 106 (relating to exclusive rights
in copyrighted works) of title 17, as limited by sections 107
through 122 of title 17; and
‘‘(4) the term ‘work being prepared for commercial public
performance’ means—
‘‘(A) a computer program, a musical work, a motion
picture or other audiovisual work, or a sound recording,
if, at the time of unauthorized public performance—
‘‘(i) the copyright owner has a reasonable expectation of commercial public performance; and
‘‘(ii) the copies or phonorecords of the work have
not been commercially publicly performed in the United
States by or with the authorization of the copyright
owner; or
‘‘(B) a motion picture, if, at the time of unauthorized
public performance, the motion picture—
‘‘(i)(I) has been made available for viewing in a
motion picture exhibition facility; and
‘‘(II) has not been made available in copies for
sale to the general public in the United States by
or with the authorization of the copyright owner in
a format intended to permit viewing outside a motion
picture exhibition facility; or

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‘‘(ii) had not been commercially publicly performed
in the United States by or with the authorization of
the copyright owner more than 24 hours before the
unauthorized public performance.
‘‘(b) PROHIBITED ACT.—It shall be unlawful for a person to
willfully, and for purposes of commercial advantage or private financial gain, offer or provide to the public a digital transmission
service that—
‘‘(1) is primarily designed or provided for the purpose of
publicly performing works protected under title 17 by means
of a digital transmission without the authority of the copyright
owner or the law;
‘‘(2) has no commercially significant purpose or use other
than to publicly perform works protected under title 17 by
means of a digital transmission without the authority of the
copyright owner or the law; or
‘‘(3) is intentionally marketed by or at the direction of
that person to promote its use in publicly performing works
protected under title 17 by means of a digital transmission
without the authority of the copyright owner or the law.
‘‘(c) PENALTIES.—Any person who violates subsection (b) shall
be, in addition to any penalties provided for under title 17 or
any other law—
‘‘(1) fined under this title, imprisoned not more than 3
years, or both;
‘‘(2) fined under this title, imprisoned not more than 5
years, or both, if—
‘‘(A) the offense was committed in connection with 1
or more works being prepared for commercial public
performance; and
‘‘(B) the person knew or should have known that the
work was being prepared for commercial public performance; and
‘‘(3) fined under this title, imprisoned not more than 10
years, or both, if the offense is a second or subsequent offense
under this section or section 2319(a).
‘‘(d) RULE OF CONSTRUCTION.—Nothing in this section shall
be construed to—
‘‘(1) affect the interpretation of any other provision of civil
copyright law, including the limitations of liability set forth
in section 512 of title 17, or principles of secondary liability;
or
‘‘(2) prevent any Federal or State authority from enforcing
cable theft or theft of service laws that are not subject to
preemption under section 301 of title 17.’’.
(b) TABLE OF SECTIONS AMENDMENT.—The table of section for
chapter 113 of title 18, United States Code, is amended by inserting
after the item relating to section 2319B the following:

18 USC 2311
prec.

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‘‘2319C. Illicit digital transmission services.’’.
Copyright
Alternative in
Small-Claims
Enforcement Act
of 2020.
17 USC 101 note.

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SEC. 212. COPYRIGHT SMALL CLAIMS.

(a) SHORT TITLE.—This section may be cited as the ‘‘Copyright
Alternative in Small-Claims Enforcement Act of 2020’’ or the ‘‘CASE
Act of 2020’’.
(b) AMENDMENT.—Title 17, United States Code, is amended
by adding at the end the following:

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‘‘1501.
‘‘1502.
‘‘1503.
‘‘1504.
‘‘1505.
‘‘1506.
‘‘1507.
‘‘1508.
‘‘1509.
‘‘1510.
‘‘1511.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2177

‘‘CHAPTER 15—COPYRIGHT SMALL CLAIMS

17 USC 1501
prec.

Definitions.
Copyright Claims Board.
Authority and duties of the Copyright Claims Board.
Nature of proceedings.
Registration requirement.
Conduct of proceedings.
Effect of proceeding.
Review and confirmation by district court.
Relationship to other district court actions.
Implementation by Copyright Office.
Funding.

‘‘§ 1501. Definitions
‘‘In this chapter—
‘‘(1) the term ‘claimant’ means the real party in interest
that commences a proceeding before the Copyright Claims
Board under section 1506(e), pursuant to a permissible claim
of infringement brought under section 1504(c)(1), noninfringement brought under section 1504(c)(2), or misrepresentation
brought under section 1504(c)(3);
‘‘(2) the term ‘counterclaimant’ means a respondent in a
proceeding before the Copyright Claims Board that—
‘‘(A) asserts a permissible counterclaim under section
1504(c)(4) against the claimant in the proceeding; and
‘‘(B) is the real party in interest with respect to the
counterclaim described in subparagraph (A);
‘‘(3) the term ‘party’—
‘‘(A) means a party; and
‘‘(B) includes the attorney of a party, as applicable;
and
‘‘(4) the term ‘respondent’ means any person against whom
a proceeding is brought before the Copyright Claims Board
under section 1506(e), pursuant to a permissible claim of
infringement brought under section 1504(c)(1), noninfringement
brought under section 1504(c)(2), or misrepresentation brought
under section 1504(c)(3).

17 USC 1501.

‘‘§ 1502. Copyright Claims Board
‘‘(a) IN GENERAL.—There is established in the Copyright Office
the Copyright Claims Board, which shall serve as an alternative
forum in which parties may voluntarily seek to resolve certain
copyright claims regarding any category of copyrighted work, as
provided in this chapter.
‘‘(b) OFFICERS AND STAFF.—
‘‘(1) COPYRIGHT CLAIMS OFFICERS.—The Register of Copyrights shall recommend 3 full-time Copyright Claims Officers
to serve on the Copyright Claims Board in accordance with
paragraph (3)(A). The Officers shall be appointed by the
Librarian of Congress to such positions after consultation with
the Register of Copyrights.
‘‘(2) COPYRIGHT CLAIMS ATTORNEYS.—The Register of Copyrights shall hire not fewer than 2 full-time Copyright Claims
Attorneys to assist in the administration of the Copyright
Claims Board.
‘‘(3) QUALIFICATIONS.—
‘‘(A) COPYRIGHT CLAIMS OFFICERS.—

17 USC 1502.

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Establishment.

Recommendations.
Appointment.
Consultation.

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134 STAT. 2178

Recommendation.
Consultation.

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PUBLIC LAW 116–260—DEC. 27, 2020
‘‘(i) IN GENERAL.—Each Copyright Claims Officer
shall be an attorney who has not fewer than 7 years
of legal experience.
‘‘(ii) EXPERIENCE.—Two of the Copyright Claims
Officers shall—
‘‘(I) have substantial experience in the evaluation, litigation, or adjudication of copyright
infringement claims; and
‘‘(II) between those 2 Officers, have represented or presided over a diversity of copyright
interests, including those of both owners and users
of copyrighted works.
‘‘(iii) ALTERNATIVE DISPUTE RESOLUTION.—The
Copyright Claims Officer not described in clause (ii)
shall have substantial familiarity with copyright law
and experience in the field of alternative dispute resolution, including the resolution of litigation matters
through that method of resolution.
‘‘(B) COPYRIGHT CLAIMS ATTORNEYS.—Each Copyright
Claims Attorney shall be an attorney who has not fewer
than 3 years of substantial experience in copyright law.
‘‘(4) COMPENSATION.—
‘‘(A) COPYRIGHT CLAIMS OFFICERS.—
‘‘(i) DEFINITION.—In this subparagraph, the term
‘senior level employee of the Federal Government’
means an employee, other than an employee in the
Senior Executive Service, the position of whom is
classified above GS–15 of the General Schedule.
‘‘(ii) PAY RANGE.—Each Copyright Claims Officer
shall be compensated at a rate of pay that is not
less than the minimum, and not more than the maximum, rate of pay payable for senior level employees
of the Federal Government, including locality pay, as
applicable.
‘‘(B) COPYRIGHT CLAIMS ATTORNEYS.—Each Copyright
Claims Attorney shall be compensated at a rate of pay
that is not more than the maximum rate of pay payable
for level 10 of GS–15 of the General Schedule, including
locality pay, as applicable.
‘‘(5) TERMS.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), a
Copyright Claims Officer shall serve for a renewable term
of 6 years.
‘‘(B) INITIAL TERMS.—The terms for the first Copyright
Claims Officers appointed under this chapter shall be as
follows:
‘‘(i) The first such Copyright Claims Officer
appointed shall be appointed for a term of 4 years.
‘‘(ii) The second Copyright Claims Officer
appointed shall be appointed for a term of 5 years.
‘‘(iii) The third Copyright Claims Officer appointed
shall be appointed for a term of 6 years.
‘‘(6) VACANCIES AND INCAPACITY.—
‘‘(A) VACANCY.—
‘‘(i) IN GENERAL.—If a vacancy occurs in the position of a Copyright Claims Officer, the Librarian of
Congress shall, upon the recommendation of, and in

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consultation with, the Register of Copyrights, act
expeditiously to appoint a Copyright Claims Officer
for that position.
‘‘(ii) VACANCY BEFORE EXPIRATION.—An individual
appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of the individual was appointed shall be appointed to serve a
6-year term.
‘‘(B) INCAPACITY.—If a Copyright Claims Officer is
temporarily unable to perform the duties of the Officer,
the Librarian of Congress shall, upon recommendation of,
and in consultation with, the Register of Copyrights, act
expeditiously to appoint an interim Copyright Claims
Officer to perform such duties during the period of such
incapacity.
‘‘(7) SANCTION OR REMOVAL.—Subject to section 1503(b),
the Librarian of Congress may sanction or remove a Copyright
Claims Officer.
‘‘(8) ADMINISTRATIVE SUPPORT.—The Register of Copyrights
shall provide the Copyright Claims Officers and Copyright
Claims Attorneys with necessary administrative support,
including technological facilities, to carry out the duties of
the Officers and Attorneys under this chapter.
‘‘(9) LOCATION OF COPYRIGHT CLAIMS BOARD.—The offices
and facilities of the Copyright Claims Officers and Copyright
Claims Attorneys shall be located at the Copyright Office.
‘‘§ 1503. Authority and duties of the Copyright Claims Board
‘‘(a) FUNCTIONS.—
‘‘(1) COPYRIGHT CLAIMS OFFICERS.—Subject to the provisions
of this chapter and applicable regulations, the functions of
the Copyright Claims Officers shall be as follows:
‘‘(A) To render determinations on the civil copyright
claims, counterclaims, and defenses that may be brought
before the Officers under this chapter.
‘‘(B) To ensure that claims, counterclaims, and defenses
are properly asserted and otherwise appropriate for resolution by the Copyright Claims Board.
‘‘(C) To manage the proceedings before the Officers
and render rulings pertaining to the consideration of
claims, counterclaims, and defenses, including with respect
to scheduling, discovery, evidentiary, and other matters.
‘‘(D) To request, from participants and nonparticipants
in a proceeding, the production of information and documents relevant to the resolution of a claim, counterclaim,
or defense.
‘‘(E) To conduct hearings and conferences.
‘‘(F) To facilitate the settlement by the parties of claims
and counterclaims.
‘‘(G) To—
‘‘(i) award monetary relief; and
‘‘(ii) include in the determinations of the Officers
a requirement that certain activities under section
1504(e)(2) cease or be mitigated, if the party to undertake the applicable measure has so agreed.

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Consultation.
Appointment.

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Requirement.

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‘‘(H) To provide information to the public concerning
the procedures and requirements of the Copyright Claims
Board.
‘‘(I) To maintain records of the proceedings before the
Officers, certify official records of such proceedings as
needed, and, as provided in section 1506(t), make the
records in such proceedings available to the public.
‘‘(J) To carry out such other duties as are set forth
in this chapter.
‘‘(K) When not engaged in performing the duties of
the Officers set forth in this chapter, to perform such
other duties as may be assigned by the Register of Copyrights.
‘‘(2) COPYRIGHT CLAIMS ATTORNEYS.—Subject to the provisions of this chapter and applicable regulations, the functions
of the Copyright Claims Attorneys shall be as follows:
‘‘(A) To provide assistance to the Copyright Claims
Officers in the administration of the duties of those Officers
under this chapter.
‘‘(B) To provide assistance to members of the public
with respect to the procedures and requirements of the
Copyright Claims Board.
‘‘(C) To provide information to potential claimants contemplating bringing a permissible action before the Copyright Claims Board about obtaining a subpoena under section 512(h) for the sole purpose of identifying a potential
respondent in such an action.
‘‘(D) When not engaged in performing the duties of
the Attorneys set forth in this chapter, to perform such
other duties as may be assigned by the Register of Copyrights.
‘‘(b) INDEPENDENCE IN DETERMINATIONS.—
‘‘(1) IN GENERAL.—The Copyright Claims Board shall render
the determinations of the Board in individual proceedings
independently on the basis of the records in the proceedings
before it and in accordance with the provisions of this title,
judicial precedent, and applicable regulations of the Register
of Copyrights.
‘‘(2) CONSULTATION.—The Copyright Claims Officers and
Copyright Claims Attorneys—
‘‘(A) may consult with the Register of Copyrights on
general issues of law; and
‘‘(B) subject to section 1506(x), may not consult with
the Register of Copyrights with respect to—
‘‘(i) the facts of any particular matter pending
before the Officers and the Attorneys; or
‘‘(ii) the application of law to the facts described
in clause (i).
‘‘(3) PERFORMANCE APPRAISALS.—Notwithstanding any
other provision of law or any regulation or policy of the Library
of Congress or Register of Copyrights, any performance
appraisal of a Copyright Claims Officer or Copyright Claims
Attorney may not consider the substantive result of any individual determination reached by the Copyright Claims Board
as a basis for appraisal except to the extent that the result
may relate to any actual or alleged violation of an ethical
standard of conduct.

Public
information.

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Certification.
Public
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‘‘(c) DIRECTION BY REGISTER.—Subject to subsection (b), the
Copyright Claims Officers and Copyright Claims Attorneys shall,
in the administration of their duties, be under the general direction
of the Register of Copyrights.
‘‘(d) INCONSISTENT DUTIES BARRED.—A Copyright Claims
Officer or Copyright Claims Attorney may not undertake any duty
that conflicts with the duties of the Officer or Attorney in connection
with the Copyright Claims Board.
‘‘(e) RECUSAL.—A Copyright Claims Officer or Copyright Claims
Attorney shall recuse himself or herself from participation in any
proceeding with respect to which the Copyright Claims Officer
or Copyright Claims Attorney, as the case may be, has reason
to believe that he or she has a conflict of interest.
‘‘(f) EX PARTE COMMUNICATIONS.—Except as may otherwise
be permitted by applicable law, any party to a proceeding before
the Copyright Claims Board shall refrain from ex parte communications with the Copyright Claims Officers and the Register of Copyrights concerning the substance of any active or pending proceeding
before the Copyright Claims Board.
‘‘(g) JUDICIAL REVIEW.—Actions of the Copyright Claims Officers and Register of Copyrights under this chapter in connection
with the rendering of any determination are subject to judicial
review as provided under section 1508(c) and not under chapter
7 of title 5.
‘‘§ 1504. Nature of proceedings
‘‘(a) VOLUNTARY PARTICIPATION.—Participation in a Copyright
Claims Board proceeding shall be on a voluntary basis in accordance
with this chapter, and the right of any party to instead pursue
a claim, counterclaim, or defense in a district court of the United
States, any other court, or any other forum, and to seek a jury
trial, shall be preserved. The rights, remedies, and limitations under
this section may not be waived except in accordance with this
chapter.
‘‘(b) STATUTE OF LIMITATIONS.—
‘‘(1) IN GENERAL.—A proceeding may not be maintained
before the Copyright Claims Board unless the proceeding is
commenced, in accordance with section 1506(e), before the Copyright Claims Board not later than 3 years after the claim
accrued.
‘‘(2) TOLLING.—Subject to section 1507(a), a proceeding commenced before the Copyright Claims Board shall toll the time
permitted under section 507(b) for the commencement of an
action on the same claim in a district court of the United
States during the period in which the proceeding is pending.
‘‘(c) PERMISSIBLE CLAIMS, COUNTERCLAIMS, AND DEFENSES.—
The Copyright Claims Board may render determinations with
respect to the following claims, counterclaims, and defenses, subject
to such further limitations and requirements, including with respect
to particular classes of works, as may be set forth in regulations
established by the Register of Copyrights:
‘‘(1) A claim for infringement of an exclusive right in a
copyrighted work provided under section 106 by the legal or
beneficial owner of the exclusive right at the time of the
infringement for which the claimant seeks damages, if any,
within the limitations set forth in subsection (e)(1).

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Deadline.

Determinations.
Regulations.

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PUBLIC LAW 116–260—DEC. 27, 2020

‘‘(2) A claim for a declaration of noninfringement of an
exclusive right in a copyrighted work provided under section
106, consistent with section 2201 of title 28.
‘‘(3) A claim under section 512(f) for misrepresentation
in connection with a notification of claimed infringement or
a counter notification seeking to replace removed or disabled
material, except that any remedies relating to such a claim
in a proceeding before the Copyright Claims Board shall be
limited to those available under this chapter.
‘‘(4) A counterclaim that is asserted solely against the
claimant in a proceeding—
‘‘(A) pursuant to which the counterclaimant seeks damages, if any, within the limitations set forth in subsection
(e)(1); and
‘‘(B) that—
‘‘(i) arises under section 106 or section 512(f) and
out of the same transaction or occurrence that is the
subject of a claim of infringement brought under paragraph (1), a claim of noninfringement brought under
paragraph (2), or a claim of misrepresentation brought
under paragraph (3); or
‘‘(ii) arises under an agreement pertaining to the
same transaction or occurrence that is the subject of
a claim of infringement brought under paragraph (1),
if the agreement could affect the relief awarded to
the claimant.
‘‘(5) A legal or equitable defense under this title or otherwise available under law, in response to a claim or counterclaim
asserted under this subsection.
‘‘(6) A single claim or multiple claims permitted under
paragraph (1), (2), or (3) by 1 or more claimants against 1
or more respondents, but only if all claims asserted in any
1 proceeding arise out of the same allegedly infringing activity
or continuous course of infringing activities and do not, in
the aggregate, result in the recovery of such claim or claims
for damages that exceed the limitations under subsection (e)(1).
‘‘(d) EXCLUDED CLAIMS.—The following claims and counterclaims are not subject to determination by the Copyright Claims
Board:
‘‘(1) A claim or counterclaim that is not a permissible
claim or counterclaim under subsection (c).
‘‘(2) A claim or counterclaim that has been finally adjudicated by a court of competent jurisdiction or that is pending
before a court of competent jurisdiction, unless that court has
granted a stay to permit that claim or counterclaim to proceed
before the Copyright Claims Board.
‘‘(3) A claim or counterclaim by or against a Federal or
State governmental entity.
‘‘(4) A claim or counterclaim asserted against a person
or entity residing outside of the United States, except in a
case in which the person or entity initiated the proceeding
before the Copyright Claims Board and is subject to counterclaims under this chapter.
‘‘(e) PERMISSIBLE REMEDIES.—
‘‘(1) MONETARY RECOVERY.—
‘‘(A) ACTUAL DAMAGES, PROFITS, AND STATUTORY DAMAGES FOR INFRINGEMENT.—With respect to a claim or

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134 STAT. 2183

counterclaim for infringement of copyright, and subject to
the limitation on total monetary recovery under subparagraph (D), the Copyright Claims Board may award either
of the following:
‘‘(i) Actual damages and profits determined in
accordance with section 504(b), with that award taking
into consideration, in appropriate cases, whether the
infringing party has agreed to cease or mitigate the
infringing activity under paragraph (2).
‘‘(ii) Statutory damages, which shall be determined
in accordance with section 504(c), subject to the following conditions:
‘‘(I) With respect to works timely registered
under section 412, so that the works are eligible
for an award of statutory damages in accordance
with that section, the statutory damages may not
exceed $15,000 for each work infringed.
‘‘(II) With respect to works not timely registered under section 412, but eligible for an award
of statutory damages under this section, statutory
damages may not exceed $7,500 per work
infringed, or a total of $15,000 in any 1 proceeding.
‘‘(III) The Copyright Claims Board may not
make any finding that, or consider whether, the
infringement was committed willfully in making
an award of statutory damages.
‘‘(IV) The Copyright Claims Board may consider, as an additional factor in awarding statutory
damages, whether the infringer has agreed to
cease or mitigate the infringing activity under
paragraph (2).
‘‘(B) ELECTION OF DAMAGES.—With respect to a claim
or counterclaim of infringement, at any time before final
determination is rendered, and notwithstanding the
schedule established by the Copyright Claims Board under
section 1506(k), the claimant or counterclaimant shall
elect—
‘‘(i) to recover actual damages and profits or statutory damages under subparagraph (A); or
‘‘(ii) not to recover damages.
‘‘(C) DAMAGES FOR OTHER CLAIMS.—Damages for claims
and counterclaims other than infringement claims, such
as those brought under section 512(f), shall be subject
to the limitation under subparagraph (D).
‘‘(D) LIMITATION ON TOTAL MONETARY RECOVERY.—Notwithstanding any other provision of law, a party that pursues any 1 or more claims or counterclaims in any single
proceeding before the Copyright Claims Board may not
seek or recover in that proceeding a total monetary recovery
that exceeds the sum of $30,000, exclusive of any attorneys’
fees and costs that may be awarded under section
1506(y)(2).
‘‘(2) AGREEMENT TO CEASE CERTAIN ACTIVITY.—In a determination of the Copyright Claims Board, the Board shall
include a requirement to cease conduct if, in the proceeding
relating to the determination—
‘‘(A) a party agrees—

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‘‘(i) to cease activity that is found to be infringing,
including removing or disabling access to, or
destroying, infringing materials; or
‘‘(ii) to cease sending a takedown notice or counter
notice under section 512 to the other party regarding
the conduct at issue before the Board if that notice
or counter notice was found to be a knowing material
misrepresentation under section 512(f); and
‘‘(B) the agreement described in subparagraph (A) is
reflected in the record for the proceeding.
‘‘(3) ATTORNEYS’ FEES AND COSTS.—Notwithstanding any
other provision of law, except in the case of bad faith conduct
as provided in section 1506(y)(2), the parties to proceedings
before the Copyright Claims Board shall bear their own attorneys’ fees and costs.
‘‘(f) JOINT AND SEVERAL LIABILITY.—Parties to a proceeding
before the Copyright Claims Board may be found jointly and severally liable if all such parties and relevant claims or counterclaims
arise from the same activity or activities.
‘‘(g) PERMISSIBLE NUMBER OF CASES.—The Register of Copyrights may establish regulations relating to the permitted number
of proceedings each year by the same claimant under this chapter,
in the interests of justice and the administration of the Copyright
Claims Board.

Records.

17 USC 1505.

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‘‘§ 1505. Registration requirement
‘‘(a) APPLICATION OR CERTIFICATE.—A claim or counterclaim
alleging infringement of an exclusive right in a copyrighted work
may not be asserted before the Copyright Claims Board unless—
‘‘(1) the legal or beneficial owner of the copyright has
first delivered a completed application, a deposit, and the
required fee for registration of the copyright to the Copyright
Office; and
‘‘(2) a registration certificate has either been issued or
has not been refused.
‘‘(b) CERTIFICATE OF REGISTRATION.—Notwithstanding any
other provision of law, a claimant or counterclaimant in a proceeding before the Copyright Claims Board shall be eligible to
recover actual damages and profits or statutory damages under
this chapter for infringement of a work if the requirements of
subsection (a) have been met, except that—
‘‘(1) the Copyright Claims Board may not render a determination in the proceeding until—
‘‘(A) a registration certificate with respect to the work
has been issued by the Copyright Office, submitted to the
Copyright Claims Board, and made available to the other
parties to the proceeding; and
‘‘(B) the other parties to the proceeding have been
provided an opportunity to address the registration certificate;
‘‘(2) if the proceeding may not proceed further because
a registration certificate for the work is pending, the proceeding
shall be held in abeyance pending submission of the certificate
to the Copyright Claims Board, except that, if the proceeding
is held in abeyance for more than 1 year, the Copyright Claims
Board may, upon providing written notice to the parties to

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the proceeding, and 30 days to the parties to respond to the
notice, dismiss the proceeding without prejudice; and
‘‘(3) if the Copyright Claims Board receives notice that
registration with respect to the work has been refused, the
proceeding shall be dismissed without prejudice.
‘‘(c) PRESUMPTION.—In a case in which a registration certificate
shows that registration with respect to a work was issued not
later than 5 years after the date of the first publication of the
work, the presumption under section 410(c) shall apply in a proceeding before the Copyright Claims Board, in addition to relevant
principles of law under this title.
‘‘(d) REGULATIONS.—In order to ensure that actions before the
Copyright Claims Board proceed in a timely manner, the Register
of Copyrights shall establish regulations allowing the Copyright
Office to make a decision, on an expedited basis, to issue or deny
copyright registration for an unregistered work that is at issue
before the Board.
‘‘§ 1506. Conduct of proceedings
‘‘(a) IN GENERAL.—
‘‘(1) APPLICABLE LAW.—Proceedings of the Copyright Claims
Board shall be conducted in accordance with this chapter and
regulations established by the Register of Copyrights under
this chapter, in addition to relevant principles of law under
this title.
‘‘(2) CONFLICTING PRECEDENT.—If it appears that there may
be conflicting judicial precedent on an issue of substantive
copyright law that cannot be reconciled, the Copyright Claims
Board shall follow the law of the Federal jurisdiction in which
the action could have been brought if filed in a district court
of the United States, or, if the action could have been brought
in more than 1 such jurisdiction, the jurisdiction that the
Copyright Claims Board determines has the most significant
ties to the parties and conduct at issue.
‘‘(b) RECORD.—The Copyright Claims Board shall maintain
records documenting the proceedings before the Board.
‘‘(c) CENTRALIZED PROCESS.—Proceedings before the Copyright
Claims Board shall—
‘‘(1) be conducted at the offices of the Copyright Claims
Board without the requirement of in-person appearances by
parties or others; and
‘‘(2) take place by means of written submissions, hearings,
and conferences carried out through internet-based applications
and other telecommunications facilities, except that, in cases
in which physical or other nontestimonial evidence material
to a proceeding cannot be furnished to the Copyright Claims
Board through available telecommunications facilities, the
Copyright Claims Board may make alternative arrangements
for the submission of such evidence that do not prejudice any
other party to the proceeding.
‘‘(d) REPRESENTATION.—A party to a proceeding before the Copyright Claims Board may be, but is not required to be, represented
by—
‘‘(1) an attorney; or
‘‘(2) a law student who is qualified under applicable law
governing representation by law students of parties in legal

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Applicability.

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Certification.

Notifications.
Compliance.

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proceedings and who provides such representation on a pro
bono basis.
‘‘(e) COMMENCEMENT OF PROCEEDING.—In order to commence
a proceeding under this chapter, a claimant shall, subject to such
additional requirements as may be prescribed in regulations established by the Register of Copyrights, file a claim with the Copyright
Claims Board, that—
‘‘(1) includes a statement of material facts in support of
the claim;
‘‘(2) is certified under subsection (y)(1); and
‘‘(3) is accompanied by a filing fee in such amount as
may be prescribed in regulations established by the Register
of Copyrights.
‘‘(f) REVIEW OF CLAIMS AND COUNTERCLAIMS.—
‘‘(1) CLAIMS.—Upon the filing of a claim under subsection
(e), the claim shall be reviewed by a Copyright Claims Attorney
to ensure that the claim complies with this chapter and
applicable regulations, subject to the following:
‘‘(A) If the claim is found to comply, the claimant
shall be notified regarding that compliance and instructed
to proceed with service of the claim under subsection (g).
‘‘(B) If the claim is found not to comply, the claimant
shall be notified that the claim is deficient and be permitted
to file an amended claim not later than 30 days after
the date on which the claimant receives the notice, without
the requirement of an additional filing fee. If the claimant
files a compliant claim within that 30-day period, the claimant shall be so notified and be instructed to proceed with
service of the claim. If the claim is refiled within that
30-day period and still fails to comply, the claimant shall
again be notified that the claim is deficient and shall
be provided a second opportunity to amend the claim not
later than 30 days after the date of that second notice,
without the requirement of an additional filing fee. If the
claim is refiled again within that second 30-day period
and is compliant, the claimant shall be so notified and
shall be instructed to proceed with service of the claim,
but if the claim still fails to comply, upon confirmation
of such noncompliance by a Copyright Claims Officer, the
proceeding shall be dismissed without prejudice. The Copyright Claims Board shall also dismiss without prejudice
any proceeding in which a compliant claim is not filed
within the applicable 30-day period.
‘‘(C)(i) Subject to clause (ii), for purposes of this paragraph, a claim against an online service provider for
infringement by reason of the storage of or referral or
linking to infringing material that may be subject to the
limitations on liability set forth in subsection (b), (c), or
(d) of section 512 shall be considered noncompliant unless
the claimant affirms in the statement required under subsection (e)(1) of this section that the claimant has previously notified the service provider of the claimed infringement in accordance with subsection (b)(2)(E), (c)(3), or (d)(3)
of section 512, as applicable, and the service provider failed
to remove or disable access to the material expeditiously
upon the provision of such notice.

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‘‘(ii) If a claim is found to be noncompliant under
clause (i), the Copyright Claims Board shall provide the
claimant with information concerning the service of such
a notice under the applicable provision of section 512.
‘‘(2) COUNTERCLAIMS.—Upon the filing and service of a
counterclaim, the counterclaim shall be reviewed by a Copyright
Claims Attorney to ensure that the counterclaim complies with
the provisions of this chapter and applicable regulations. If
the counterclaim is found not to comply, the counterclaimant
and the other parties to the proceeding shall be notified that
the counterclaim is deficient, and the counterclaimant shall
be permitted to file and serve an amended counterclaim not
later than 30 days after the date of such notice. If the counterclaimant files and serves a compliant counterclaim within that
30-day period, the counterclaimant and such other parties shall
be so notified. If the counterclaim is refiled and served within
that 30-day period but still fails to comply, the counterclaimant
and such other parties shall again be notified that the counterclaim is deficient, and the counterclaimant shall be provided
a second opportunity to amend the counterclaim not later than
30 days after the date of the second notice. If the counterclaim
is refiled and served again within that second 30-day period
and is compliant, the counterclaimant and such other parties
shall be so notified, but if the counterclaim still fails to comply,
upon confirmation of such noncompliance by a Copyright Claims
Officer, the counterclaim, but not the proceeding, shall be dismissed without prejudice.
‘‘(3) DISMISSAL FOR UNSUITABILITY.—The Copyright Claims
Board shall dismiss a claim or counterclaim without prejudice
if, upon reviewing the claim or counterclaim, or at any other
time in the proceeding, the Copyright Claims Board concludes
that the claim or counterclaim is unsuitable for determination
by the Copyright Claims Board, including on account of any
of the following:
‘‘(A) The failure to join a necessary party.
‘‘(B) The lack of an essential witness, evidence, or
expert testimony.
‘‘(C) The determination of a relevant issue of law or
fact that could exceed either the number of proceedings
the Copyright Claims Board could reasonably administer
or the subject matter competence of the Copyright Claims
Board.
‘‘(g) SERVICE OF NOTICE AND CLAIMS.—In order to proceed with
a claim against a respondent, a claimant shall, not later than
90 days after receiving notification under subsection (f) to proceed
with service, file with the Copyright Claims Board proof of service
on the respondent. In order to effectuate service on a respondent,
the claimant shall cause notice of the proceeding and a copy of
the claim to be served on the respondent, either by personal service
or pursuant to a waiver of personal service, as prescribed in regulations established by the Register of Copyrights. Such regulations
shall include the following requirements:
‘‘(1) The notice of the proceeding shall adhere to a prescribed form and shall set forth the nature of the Copyright
Claims Board and proceeding, the right of the respondent to
opt out, and the consequences of opting out and not opting

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PUBLIC LAW 116–260—DEC. 27, 2020
out, including a prominent statement that, by not opting out
within 60 days after receiving the notice, the respondent—
‘‘(A) loses the opportunity to have the dispute decided
by a court created under article III of the Constitution
of the United States; and
‘‘(B) waives the right to a jury trial regarding the
dispute.
‘‘(2) The copy of the claim served on the respondent shall
be the same as the claim that was filed with the Copyright
Claims Board.
‘‘(3) Personal service of a notice and claim may be effected
by an individual who is not a party to the proceeding and
is older than 18 years of age.
‘‘(4) An individual, other than a minor or incompetent
individual, may be served by—
‘‘(A) complying with State law for serving a summons
in an action brought in courts of general jurisdiction in
the State where service is made;
‘‘(B) delivering a copy of the notice and claim to the
individual personally;
‘‘(C) leaving a copy of the notice and claim at the
individual’s dwelling or usual place of abode with someone
of suitable age and discretion who resides there; or
‘‘(D) delivering a copy of the notice and claim to an
agent designated by the respondent to receive service of
process or, if not so designated, an agent authorized by
appointment or by law to receive service of process.
‘‘(5)(A) A corporation, partnership, or unincorporated
association that is subject to suit in courts of general jurisdiction under a common name shall be served by delivering a
copy of the notice and claim to its service agent. If such service
agent has not been designated, service shall be accomplished—
‘‘(i) by complying with State law for serving a summons
in an action brought in courts of general jurisdiction in
the State where service is made; or
‘‘(ii) by delivering a copy of the notice and claim to
an officer, a managing or general agent, or any other agent
authorized by appointment or by law to receive service
of process in an action brought in courts of general jurisdiction in the State where service is made and, if the agent
is one authorized by statute and the statute so requires,
by also mailing a copy of the notice and claim to the
respondent.
‘‘(B) A corporation, partnership, or unincorporated association that is subject to suit in courts of general jurisdiction
under a common name may elect to designate a service agent
to receive notice of a claim against it before the Copyright
Claims Board by complying with requirements that the Register
of Copyrights shall establish by regulation. The Register of
Copyrights shall maintain a current directory of service agents
that is available to the public for inspection, including through
the internet, and may require such corporations, partnerships,
and unincorporated associations designating such service
agents to pay a fee to cover the costs of maintaining the
directory.
‘‘(6) In order to request a waiver of personal service, the
claimant may notify a respondent, by first class mail or by

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134 STAT. 2189

other reasonable means, that a proceeding has been commenced, such notice to be made in accordance with regulations
established by the Register of Copyrights, subject to the following:
‘‘(A) Any such request shall be in writing, shall be
addressed to the respondent, and shall be accompanied
by a prescribed notice of the proceeding, a copy of the
claim as filed with the Copyright Claims Board, a prescribed form for waiver of personal service, and a prepaid
or other means of returning the form without cost.
‘‘(B) The request shall state the date on which the
request is sent, and shall provide the respondent a period
of 30 days, beginning on the date on which the request
is sent, to return the waiver form signed by the respondent.
The signed waiver form shall, for purposes of this subsection, constitute acceptance and proof of service as of
the date on which the waiver is signed.
‘‘(7)(A) A respondent’s waiver of personal service shall not
constitute a waiver of the respondent’s right to opt out of
the proceeding.
‘‘(B) A respondent who timely waives personal service under
paragraph (6) and does not opt out of the proceeding shall
be permitted a period of 30 days, in addition to the period
otherwise permitted under the applicable procedures of the
Copyright Claims Board, to submit a substantive response to
the claim, including any defenses and counterclaims.
‘‘(8) A minor or an incompetent individual may only be
served by complying with State law for serving a summons
or like process on such an individual in an action brought
in the courts of general jurisdiction of the State where service
is made.
‘‘(9) Service of a claim and waiver of personal service may
only be effected within the United States.
‘‘(h) NOTIFICATION BY COPYRIGHT CLAIMS BOARD.—The Register
of Copyrights shall establish regulations providing for a written
notification to be sent by, or on behalf of, the Copyright Claims
Board to notify the respondent of a pending proceeding against
the respondent, as set forth in those regulations, which shall—
‘‘(1) include information concerning the respondent’s right
to opt out of the proceeding, the consequences of opting out
and not opting out, and a prominent statement that, by not
opting out within 60 days after the date of service under
subsection (g), the respondent loses the opportunity to have
the dispute decided by a court created under article III of
the Constitution of the United States and waives the right
to a jury trial regarding the dispute; and
‘‘(2) be in addition to, and separate and apart from, the
notice requirements under subsection (g).
‘‘(i) OPT-OUT PROCEDURE.—Upon being properly served with
a notice and claim, a respondent who chooses to opt out of the
proceeding shall have a period of 60 days, beginning on the date
of service, in which to provide written notice of such choice to
the Copyright Claims Board, in accordance with regulations established by the Register of Copyrights. If proof of service has been
filed by the claimant and the respondent does not submit an optout notice to the Copyright Claims Board within that 60-day period,
the proceeding shall be deemed an active proceeding and the

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respondent shall be bound by the determination in the proceeding
to the extent provided under section 1507(a). If the respondent
opts out of the proceeding during that 60-day period, the proceeding
shall be dismissed without prejudice, except that, in exceptional
circumstances and upon written notice to the claimant, the Copyright Claims Board may extend that 60-day period in the interests
of justice.
‘‘(j) SERVICE OF OTHER DOCUMENTS.—Documents submitted or
relied upon in a proceeding, other than the notice and claim, shall
be served in accordance with regulations established by the Register
of Copyrights.
‘‘(k) SCHEDULING.—Upon confirmation that a proceeding has
become an active proceeding, the Copyright Claims Board shall
issue a schedule for the future conduct of the proceeding. The
schedule shall not specify a time that a claimant or counterclaimant
is required make an election of damages that is inconsistent with
section 1504(e). A schedule issued by the Copyright Claims Board
may be amended by the Copyright Claims Board in the interests
of justice.
‘‘(l) CONFERENCES.—One or more Copyright Claims Officers
may hold a conference to address case management or discovery
issues in a proceeding, which shall be noted upon the record of
the proceeding and may be recorded or transcribed.
‘‘(m) PARTY SUBMISSIONS.—A proceeding of the Copyright
Claims Board may not include any formal motion practice, except
that, subject to applicable regulations and procedures of the Copyright Claims Board—
‘‘(1) the parties to the proceeding may make requests to
the Copyright Claims Board to address case management and
discovery matters, and submit responses thereto; and
‘‘(2) the Copyright Claims Board may request or permit
parties to make submissions addressing relevant questions of
fact or law, or other matters, including matters raised sua
sponte by the Copyright Claims Officers, and offer responses
thereto.
‘‘(n) DISCOVERY.—Discovery in a proceeding shall be limited
to the production of relevant information and documents, written
interrogatories, and written requests for admission, as provided
in regulations established by the Register of Copyrights, except
that—
‘‘(1) upon the request of a party, and for good cause shown,
the Copyright Claims Board may approve additional relevant
discovery, on a limited basis, in particular matters, and may
request specific information and documents from participants
in the proceeding and voluntary submissions from nonparticipants, consistent with the interests of justice;
‘‘(2) upon the request of a party, and for good cause shown,
the Copyright Claims Board may issue a protective order to
limit the disclosure of documents or testimony that contain
confidential information; and
‘‘(3) after providing notice and an opportunity to respond,
and upon good cause shown, the Copyright Claims Board may
apply an adverse inference with respect to disputed facts
against a party who has failed to timely provide discovery
materials in response to a proper request for materials that
could be relevant to such facts.

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134 STAT. 2191

‘‘(o) EVIDENCE.—The Copyright Claims Board may consider the
following types of evidence in a proceeding, and such evidence
may be admitted without application of formal rules of evidence:
‘‘(1) Documentary and other nontestimonial evidence that
is relevant to the claims, counterclaims, or defenses in the
proceeding.
‘‘(2) Testimonial evidence, submitted under penalty of perjury in written form or in accordance with subsection (p), limited to statements of the parties and nonexpert witnesses,
that is relevant to the claims, counterclaims, and defenses
in a proceeding, except that, in exceptional cases, expert witness
testimony or other types of testimony may be permitted by
the Copyright Claims Board for good cause shown.
‘‘(p) HEARINGS.—The Copyright Claims Board may conduct a
hearing to receive oral presentations on issues of fact or law from
parties and witnesses to a proceeding, including oral testimony,
subject to the following:
‘‘(1) Any such hearing shall be attended by not fewer than
2 of the Copyright Claims Officers.
‘‘(2) The hearing shall be noted upon the record of the
proceeding and, subject to paragraph (3), may be recorded
or transcribed as deemed necessary by the Copyright Claims
Board.
‘‘(3) A recording or transcript of the hearing shall be made
available to any Copyright Claims Officer who is not in attendance.
‘‘(q) VOLUNTARY DISMISSAL.—
‘‘(1) BY CLAIMANT.—Upon the written request of a claimant
that is received before a respondent files a response to the
claim in a proceeding, the Copyright Claims Board shall dismiss
the proceeding, or a claim or respondent, as requested, without
prejudice.
‘‘(2) BY COUNTERCLAIMANT.—Upon written request of a
counterclaimant that is received before a claimant files a
response to the counterclaim, the Copyright Claims Board shall
dismiss the counterclaim, such dismissal to be without prejudice.
‘‘(3) CLASS ACTIONS.—Any party in an active proceeding
before the Copyright Claims Board who receives notice of a
pending or putative class action, arising out of the same transaction or occurrence, in which that party is a class member
may request in writing dismissal of the proceeding before the
Board. Upon notice to all claimants and counterclaimants, the
Copyright Claims Board shall dismiss the proceeding without
prejudice.
‘‘(r) SETTLEMENT.—
‘‘(1) IN GENERAL.—At any time in an active proceeding,
some or all of the parties may—
‘‘(A) jointly request a conference with a Copyright
Claims Officer for the purpose of facilitating settlement
discussions; or
‘‘(B) submit to the Copyright Claims Board an agreement providing for settlement and dismissal of some or
all of the claims and counterclaims in the proceeding.
‘‘(2) ADDITIONAL REQUEST.—A submission under paragraph
(1)(B) may include a request that the Copyright Claims Board

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Web posting.
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Requirements.
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adopt some or all of the terms of the parties’ settlement in
a final determination in the proceeding.
‘‘(s) FACTUAL FINDINGS.—Subject to subsection (n)(3), the Copyright Claims Board shall make factual findings based upon a
preponderance of the evidence.
‘‘(t) DETERMINATIONS.—
‘‘(1) NATURE AND CONTENTS.—A determination rendered
by the Copyright Claims Board in a proceeding shall—
‘‘(A) be reached by a majority of the Copyright Claims
Board;
‘‘(B) be in writing, and include an explanation of the
factual and legal basis of the determination;
‘‘(C) set forth any terms by which a respondent or
counterclaim respondent has agreed to cease infringing
activity under section 1504(e)(2);
‘‘(D) to the extent requested under subsection (r)(2),
set forth the terms of any settlement agreed to under
subsection (r)(1); and
‘‘(E) include a clear statement of all damages and other
relief awarded, including under subparagraphs (C) and (D).
‘‘(2) DISSENT.—A Copyright Claims Officer who dissents
from a decision contained in a determination under paragraph
(1) may append a statement setting forth the grounds for that
dissent.
‘‘(3) PUBLICATION.—Each final determination of the Copyright Claims Board shall be made available on a publicly accessible website. The Register shall establish regulations with
respect to the publication of other records and information
relating to such determinations, including the redaction of
records to protect confidential information that is the subject
of a protective order under subsection (n)(2).
‘‘(4) FREEDOM OF INFORMATION ACT.—All information
relating to proceedings of the Copyright Claims Board under
this chapter is exempt from disclosure to the public under
section 552(b)(3) of title 5, except for determinations, records,
and information published under paragraph (3).
‘‘(u) RESPONDENT’S DEFAULT.—If a proceeding has been deemed
an active proceeding but the respondent has failed to appear or
has ceased participating in the proceeding, as demonstrated by
the respondent’s failure, without justifiable cause, to meet 1 or
more deadlines or requirements set forth in the schedule adopted
by the Copyright Claims Board under subsection (k), the Copyright
Claims Board may enter a default determination, including the
dismissal of any counterclaim asserted by the respondent, as follows
and in accordance with such other requirements as the Register
of Copyrights may establish by regulation:
‘‘(1) The Copyright Claims Board shall require the claimant
to submit relevant evidence and other information in support
of the claimant’s claim and any asserted damages and, upon
review of such evidence and any other requested submissions
from the claimant, shall determine whether the materials so
submitted are sufficient to support a finding in favor of the
claimant under applicable law and, if so, the appropriate relief
and damages, if any, to be awarded.
‘‘(2) If the Copyright Claims Board makes an affirmative
determination under paragraph (1), the Copyright Claims Board

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134 STAT. 2193

shall prepare a proposed default determination, and shall provide written notice to the respondent at all addresses, including
email addresses, reflected in the records of the proceeding
before the Copyright Claims Board, of the pendency of a default
determination by the Copyright Claims Board and of the legal
significance of such determination. Such notice shall be accompanied by the proposed default determination and shall provide
that the respondent has a period of 30 days, beginning on
the date of the notice, to submit any evidence or other information in opposition to the proposed default determination.
‘‘(3) If the respondent responds to the notice provided under
paragraph (2) within the 30-day period provided in such paragraph, the Copyright Claims Board shall consider the respondent’s submissions and, after allowing the other parties to
address such submissions, maintain, or amend its proposed
determination as appropriate, and the resulting determination
shall not be a default determination.
‘‘(4) If the respondent fails to respond to the notice provided
under paragraph (2), the Copyright Claims Board shall proceed
to issue the default determination as a final determination.
Thereafter, the respondent may only challenge such determination to the extent permitted under section 1508(c), except that,
before any additional proceedings are initiated under section
1508, the Copyright Claims Board may, in the interests of
justice, vacate the default determination.
‘‘(v) CLAIMANT’S FAILURE TO PROCEED.—
‘‘(1) FAILURE TO COMPLETE SERVICE.—If a claimant fails
to complete service on a respondent within the 90-day period
required under subsection (g), the Copyright Claims Board
shall dismiss that respondent from the proceeding without
prejudice. If a claimant fails to complete service on all respondents within that 90-day period, the Copyright Claims Board
shall dismiss the proceeding without prejudice.
‘‘(2) FAILURE TO PROSECUTE.—If a claimant fails to proceed
in an active proceeding, as demonstrated by the claimant’s
failure, without justifiable cause, to meet 1 or more deadlines
or requirements set forth in the schedule adopted by the Copyright Claims Board under subsection (k), the Copyright Claims
Board may, upon providing written notice to the claimant and
a period of 30 days, beginning on the date of the notice, to
respond to the notice, and after considering any such response,
issue a determination dismissing the claimant’s claims, which
shall include an award of attorneys’ fees and costs, if appropriate, under subsection (y)(2). Thereafter, the claimant may
only challenge such determination to the extent permitted
under section 1508(c), except that, before any additional proceedings are initiated under section 1508, the Copyright Claims
Board may, in the interests of justice, vacate the determination
of dismissal.
‘‘(w) REQUEST FOR RECONSIDERATION.—A party may, not later
than 30 days after the date on which the Copyright Claims Board
issues a final determination in a proceeding under this chapter,
submit a written request for reconsideration of, or an amendment
to, such determination if the party identifies a clear error of law
or fact material to the outcome, or a technical mistake. After providing the other parties an opportunity to address such request,

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the Copyright Claims Board shall either deny the request or issue
an amended final determination.
‘‘(x) REVIEW BY REGISTER.—If the Copyright Claims Board
denies a party a request for reconsideration of a final determination
under subsection (w), that party may, not later than 30 days after
the date of such denial, request review of the final determination
by the Register of Copyrights in accordance with regulations established by the Register. Such request shall be accompanied by a
reasonable filing fee, as provided in such regulations. The review
by the Register shall be limited to consideration of whether the
Copyright Claims Board abused its discretion in denying reconsideration of the determination. After providing the other parties an
opportunity to address the request, the Register shall either deny
the request for review, or remand the proceeding to the Copyright
Claims Board for reconsideration of issues specified in the remand
and for issuance of an amended final determination. Such amended
final determination shall not be subject to further consideration
or review, other than under section 1508(c).
‘‘(y) CONDUCT OF PARTIES AND ATTORNEYS.—
‘‘(1) CERTIFICATION.—The Register of Copyrights shall
establish regulations requiring certification of the accuracy and
truthfulness of statements made by participants in proceedings
before the Copyright Claims Board.
‘‘(2) BAD FAITH CONDUCT.—Notwithstanding any other
provision of law, in any proceeding in which a determination
is rendered and it is established that a party pursued a claim,
counterclaim, or defense for a harassing or other improper
purpose, or without a reasonable basis in law or fact, then,
unless inconsistent with the interests of justice, the Copyright
Claims Board shall in such determination award reasonable
costs and attorneys’ fees to any adversely affected party of
in an amount of not more than $5,000, except that—
‘‘(A) if an adversely affected party appeared pro se
in the proceeding, the award to that party shall be for
costs only, in an amount of not more than $2,500; and
‘‘(B) in extraordinary circumstances, such as where
a party has demonstrated a pattern or practice of bad
faith conduct as described in this paragraph, the Copyright
Claims Board may, in the interests of justice, award costs
and attorneys’ fees in excess of the limitations under this
paragraph.
‘‘(3) ADDITIONAL PENALTY.—If the Board finds that on more
than 1 occasion within a 12-month period a party pursued
a claim, counterclaim, or defense before the Copyright Claims
Board for a harassing or other improper purpose, or without
a reasonable basis in law or fact, that party shall be barred
from initiating a claim before the Copyright Claims Board
under this chapter for a period of 12 months beginning on
the date on which the Board makes such a finding. Any proceeding commenced by that party that is still pending before
the Board when such a finding is made shall be dismissed
without prejudice, except that if a proceeding has been deemed
active under subsection (i), the proceeding shall be dismissed
under this paragraph only if the respondent provides written
consent thereto.
‘‘(z) REGULATIONS FOR SMALLER CLAIMS.—The Register of Copyrights shall establish regulations to provide for the consideration

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and determination, by not fewer than 1 Copyright Claims Officer,
of any claim under this chapter in which total damages sought
do not exceed $5,000 (exclusive of attorneys’ fees and costs). A
determination issued under this subsection shall have the same
effect as a determination issued by the entire Copyright Claims
Board.
‘‘(aa) OPT-OUT FOR LIBRARIES AND ARCHIVES.—
‘‘(1) IN GENERAL.—The Register of Copyrights shall establish regulations allowing for a library or archives that does
not wish to participate in proceedings before the Copyright
Claims Board to preemptively opt out of such proceedings.
‘‘(2) PROCEDURES.—The regulations established under paragraph (1) shall—
‘‘(A) set forth procedures for preemptively opting out
of proceedings before the Copyright Claims Board; and
‘‘(B) require that the Copyright Office compile and
maintain a publicly available list of the libraries and
archives that have successfully opted out of proceedings
in accordance with the procedures described in subparagraph (A).
‘‘(3) NO FEE OR RENEWAL REQUIRED.—The Register of Copyrights may not—
‘‘(A) charge a library or archives a fee to preemptively
opt out of proceedings under this subsection; or
‘‘(B) require a library or archives to renew a decision
to preemptively opt out of proceedings under this subsection.
‘‘(4) DEFINITIONS.—For purposes of this subsection, the
terms ‘library’ and ‘archives’ mean any library or archives,
respectively, that qualifies for the limitations on exclusive
rights under section 108.
‘‘§ 1507. Effect of proceeding
‘‘(a) DETERMINATION.—Subject to the reconsideration and
review processes provided under subsections (w) and (x) of section
1506 and section 1508(c), the issuance of a final determination
by the Copyright Claims Board in a proceeding, including a default
determination or determination based on a failure to prosecute,
shall, solely with respect to the parties to such determination,
preclude relitigation before any court or tribunal, or before the
Copyright Claims Board, of the claims and counterclaims asserted
and finally determined by the Board, and may be relied upon
for such purpose in a future action or proceeding arising from
the same specific activity or activities, subject to the following:
‘‘(1) A determination of the Copyright Claims Board shall
not preclude litigation or relitigation as between the same
or different parties before any court or tribunal, or the Copyright Claims Board, of the same or similar issues of fact or
law in connection with claims or counterclaims not asserted
or not finally determined by the Copyright Claims Board.
‘‘(2) A determination of ownership of a copyrighted work
for purposes of resolving a matter before the Copyright Claims
Board may not be relied upon, and shall not have any preclusive
effect, in any other action or proceeding before any court or
tribunal, including the Copyright Claims Board.
‘‘(3) Except to the extent permitted under this subsection
and section 1508, any determination of the Copyright Claims

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Board may not be cited or relied upon as legal precedent
in any other action or proceeding before any court or tribunal,
including the Copyright Claims Board.
‘‘(b) CLASS ACTIONS NOT AFFECTED.—
‘‘(1) IN GENERAL.—A proceeding before the Copyright
Claims Board shall not have any effect on a class action proceeding in a district court of the United States, and section
1509(a) shall not apply to a class action proceeding in a district
court of the United States.
‘‘(2) NOTICE OF CLASS ACTION.—Any party to an active
proceeding before the Copyright Claims Board who receives
notice of a pending class action, arising out of the same transaction or occurrence as the proceeding before the Copyright
Claims Board, in which the party is a class member shall
either—
‘‘(A) opt out of the class action, in accordance with
regulations established by the Register of Copyrights; or
‘‘(B) seek dismissal under section 1506(q)(3) of the proceeding before the Copyright Claims Board.
‘‘(c) OTHER MATERIALS IN PROCEEDING.—Except as permitted
under this section and section 1508, a submission or statement
of a party or witness made in connection with a proceeding before
the Copyright Claims Board, including a proceeding that is dismissed, may not be cited or relied upon in, or serve as the basis
of, any action or proceeding concerning rights or limitations on
rights under this title before any court or tribunal, including the
Copyright Claims Board.
‘‘(d) APPLICABILITY OF SECTION 512(g).—A claim or counterclaim
before the Copyright Claims Board that is brought under subsection
(c)(1) or (c)(4) of section 1504, or brought under subsection (c)(6)
of section 1504 and that relates to a claim under subsection (c)(1)
or (c)(4) of such section, qualifies as an action seeking an order
to restrain a subscriber from engaging in infringing activity under
section 512(g)(2)(C) if—
‘‘(1) notice of the commencement of the Copyright Claims
Board proceeding is provided by the claimant to the service
provider’s designated agent before the service provider replaces
the material following receipt of a counter notification under
section 512(g); and
‘‘(2) the claim brought alleges infringement of the material
identified in the notification of claimed infringement under
section 512(c)(1)(C).
‘‘(e) FAILURE TO ASSERT COUNTERCLAIM.—The failure or
inability to assert a counterclaim in a proceeding before the Copyright Claims Board shall not preclude the assertion of that counterclaim in a subsequent court action or proceeding before the Copyright Claims Board.
‘‘(f) OPT-OUT OR DISMISSAL OF PARTY.—If a party has timely
opted out of a proceeding under section 1506(i) or is dismissed
from a proceeding before the Copyright Claims Board issues a
final determination in the proceeding, the determination shall not
be binding upon and shall have no preclusive effect with respect
to that party.

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‘‘§ 1508. Review and confirmation by district court
‘‘(a) IN GENERAL.—In any proceeding in which a party has
failed to pay damages, or has failed otherwise to comply with

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134 STAT. 2197

the relief, awarded in a final determination of the Copyright Claims
Board, including a default determination or a determination based
on a failure to prosecute, the aggrieved party may, not later than
1 year after the date on which the final determination is issued,
any reconsideration by the Copyright Claims Board or review by
the Register of Copyrights is resolved, or an amended final determination is issued, whichever occurs last, apply to the United
States District Court for the District of Columbia or any other
appropriate district court of the United States for an order confirming the relief awarded in the final determination and reducing
such award to judgment. The court shall grant such order and
direct entry of judgment unless the determination is or has been
vacated, modified, or corrected under subsection (c). If the United
States District Court for the District of Columbia or other district
court of the United States, as the case may be, issues an order
confirming the relief awarded by the Copyright Claims Board, the
court shall impose on the party who failed to pay damages or
otherwise comply with the relief, the reasonable expenses required
to secure such order, including attorneys’ fees, that were incurred
by the aggrieved party.
‘‘(b) FILING PROCEDURES.—
‘‘(1) APPLICATION TO CONFIRM DETERMINATION.—Notice of
the application under subsection (a) for confirmation of a determination of the Copyright Claims Board and entry of judgment
shall be provided to all parties to the proceeding before the
Copyright Claims Board that resulted in the determination,
in accordance with the procedures applicable to service of a
motion in the district court of the United States where the
application is made.
‘‘(2) CONTENTS OF APPLICATION.—The application under
subsection (a) shall include the following:
‘‘(A) A certified copy of the final or amended final
determination of the Copyright Claims Board, as reflected
in the records of the Copyright Claims Board, following
any process of reconsideration or review by the Register
of Copyrights, to be confirmed and rendered to judgment.
‘‘(B) A declaration by the applicant, under penalty of
perjury—
‘‘(i) that the copy is a true and correct copy of
such determination;
‘‘(ii) stating the date the determination was issued;
‘‘(iii) stating the basis for the challenge under subsection (c)(1); and
‘‘(iv) stating whether the applicant is aware of
any other proceedings before the court concerning the
same determination of the Copyright Claims Board.
‘‘(c) CHALLENGES TO THE DETERMINATION.—
‘‘(1) BASES FOR CHALLENGE.—Not later than 90 days after
the date on which the Copyright Claims Board issues a final
or amended final determination in a proceeding, or not later
than 90 days after the date on which the Register of Copyrights
completes any process of reconsideration or review of the determination, whichever occurs later, a party may seek an order
from a district court of the United States vacating, modifying,
or correcting the determination of the Copyright Claims Board
in the following cases:

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Deadlines.

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‘‘(A) If the determination was issued as a result of
fraud, corruption, misrepresentation, or other misconduct.
‘‘(B) If the Copyright Claims Board exceeded its
authority or failed to render a final determination concerning the subject matter at issue.
‘‘(C) In the case of a default determination or determination based on a failure to prosecute, if it is established
that the default or failure was due to excusable neglect.
‘‘(2) PROCEDURE TO CHALLENGE.—
‘‘(A) NOTICE OF APPLICATION.—Notice of the application
to challenge a determination of the Copyright Claims Board
shall be provided to all parties to the proceeding before
the Copyright Claims Board, in accordance with the procedures applicable to service of a motion in the court where
the application is made.
‘‘(B) STAYING OF PROCEEDINGS.—For purposes of an
application under this subsection, any judge who is authorized to issue an order to stay the proceedings in another
action brought in the same court may issue an order,
to be served with the notice of application, staying proceedings to enforce the award while the challenge is
pending.

17 USC 1509.

‘‘§ 1509. Relationship to other district court actions
‘‘(a) STAY OF DISTRICT COURT PROCEEDINGS.—Subject to section
1507(b), a district court of the United States shall issue a stay
of proceedings or such other relief as the court determines appropriate with respect to any claim brought before the court that
is already the subject of a pending or active proceeding before
the Copyright Claims Board.
‘‘(b) ALTERNATIVE DISPUTE RESOLUTION PROCESS.—A proceeding before the Copyright Claims Board under this chapter
shall qualify as an alternative dispute resolution process under
section 651 of title 28 for purposes of referral of eligible cases
by district courts of the United States upon the consent of the
parties.

17 USC 1510.

‘‘§ 1510. Implementation by Copyright Office
‘‘(a) REGULATIONS.—
‘‘(1) IMPLEMENTATION GENERALLY.—The Register of Copyrights shall establish regulations to carry out this chapter.
Such regulations shall include the fees prescribed under subsections (e) and (x) of section 1506. The authority to issue
such fees shall not limit the authority of the Register of Copyrights to establish fees for services under section 708. All fees
received by the Copyright Office in connection with the activities under this chapter shall be deposited by the Register
of Copyrights and credited to the appropriations for necessary
expenses of the Office in accordance with section 708(d). In
establishing regulations under this subsection, the Register
of Copyrights shall provide for the efficient administration of
the Copyright Claims Board, and for the ability of the Copyright
Claims Board to timely complete proceedings instituted under
this chapter, including by implementing mechanisms to prevent
harassing or improper use of the Copyright Claims Board by
any party.
‘‘(2) LIMITS ON MONETARY RELIEF.—

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Fees.

Time periods.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2199

‘‘(A) IN GENERAL.—Subject to subparagraph (B), not
earlier than 3 years after the date on which Copyright
Claims Board issues the first determination of the Copyright Claims Board, the Register of Copyrights may, in
order to further the goals of the Copyright Claims Board,
conduct a rulemaking to adjust the limits on monetary
recovery or attorneys’ fees and costs that may be awarded
under this chapter.
‘‘(B) EFFECTIVE DATE OF ADJUSTMENT.—Any rule under
subparagraph (A) that makes an adjustment shall take
effect at the end of the 120-day period beginning on the
date on which the Register of Copyrights submits the rule
to Congress and only if Congress does not, during that
120-day period, enact a law that provides in substance
that Congress does not approve the rule.
‘‘(b) NECESSARY FACILITIES.—Subject to applicable law, the Register of Copyrights may retain outside vendors to establish internetbased, teleconferencing, and other facilities required to operate
the Copyright Claims Board.
‘‘(c) FEES.—Any filing fees, including the fee to commence a
proceeding under section 1506(e), shall be prescribed in regulations
established by the Register of Copyrights. The sum total of such
filing fees shall be in an amount of not less than $100, may
not exceed the cost of filing an action in a district court of the
United States, and shall be fixed in amounts that further the
goals of the Copyright Claims Board.

Regulations.

‘‘§ 1511. Funding
‘‘There are authorized to be appropriated such sums as may
be necessary to pay the costs incurred by the Copyright Office
under this chapter that are not covered by fees collected for services
rendered under this chapter, including the costs of establishing
and maintaining the Copyright Claims Board and its facilities.’’.
(c) CLERICAL AMENDMENT.—The table of chapters for title 17,
United States Code, is amended by adding at the end the following:

17 USC 1511.

Regulations.

17 USC 101 prec.

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‘‘15. Copyright Small Claims ........................................................................... 1501’’.

(d) IMPLEMENTATION.—
(1) IN GENERAL.—Except as provided in paragraph (2), not
later than 1 year after the date of enactment of this Act,
the Copyright Claims Board established under section 1502
of title 17, United States Code, as added by subsection (b)
of this section, shall begin operations.
(2) EXTENSION.—The Register of Copyrights may, for good
cause, extend the deadline under paragraph (1) by not more
than 180 days if the Register of Copyrights provides notice
of the extension to the public and to Congress.
(e) STUDY.—Not later than 3 years after the date on which
the Copyright Claims Board issues the first determination of the
Copyright Claims Board under chapter 15 of title 17, United States
Code, as added by subsection (b) of this section, the Register of
Copyrights shall conduct, and report to Congress on, a study that
addresses the following:
(1) The use and efficacy of the Copyright Claims Board
in resolving copyright claims, including the number of proceedings the Copyright Claims Board could reasonably administer.

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17 USC 1502
note.
Deadline.

Deadline.

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134 STAT. 2200

PUBLIC LAW 116–260—DEC. 27, 2020

(2) Whether adjustments to the authority of the Copyright
Claims Board are necessary or advisable, including with respect
to—
(A) eligible claims, such as claims under section 1202
of title 17, United States Code; and
(B) works and applicable damages limitations.
(3) Whether greater allowance should be made to permit
awards of attorneys’ fees and costs to prevailing parties,
including potential limitations on such awards.
(4) Potential mechanisms to assist copyright owners with
small claims in ascertaining the identity and location of
unknown online infringers.
(5) Whether the Copyright Claims Board should be
expanded to offer mediation or other nonbinding alternative
dispute resolution services to interested parties.
(6) Such other matters as the Register of Copyrights
believes may be pertinent concerning the Copyright Claims
Board.
(f) SEVERABILITY.—If any provision of this section, an amendment made by this section, or the application of such provision
or amendment to any person or circumstance is held to be unconstitutional, the remainder of this section and the amendments made
by this section, and the application of the provision or the amendment to any other person or circumstance, shall not be affected.

17 USC 1501
note.

Subtitle B—Trademarks

Trademark
Modernization
Act of 2020.

SEC. 221. SHORT TITLE; TABLE OF CONTENTS.
15 USC 1051
note.

(a) SHORT TITLE.—This subtitle may be cited as the ‘‘Trademark
Modernization Act of 2020’’ or the ‘‘TM Act of 2020’’.
(b) TABLE OF CONTENTS.—The table of contents for this subtitle
is as follows:
Subtitle B—Trademarks
Sec.
Sec.
Sec.
Sec.
Sec.

Short title; table of contents.
Definitions.
Providing for third-party submission of evidence during examination.
Providing for flexible response periods.
Ex parte expungement; ex parte reexamination; new grounds for cancellation.
Sec. 226. Rebuttable presumption of irreparable harm.
Sec. 227. Report on decluttering initiatives.
Sec. 228. Amendments to confirm authority of the Director.

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15 USC 1051
note.

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221.
222.
223.
224.
225.

SEC. 222. DEFINITIONS.

In this subtitle:
(1) DIRECTOR.—The term ‘‘Director’’ means the Under Secretary of Commerce for Intellectual Property and Director of
the United States Patent and Trademark Office.
(2) TRADEMARK ACT OF 1946.—The term ‘‘Trademark Act
of 1946’’ means the Act entitled ‘‘An Act to provide for the
registration and protection of trademarks used in commerce,
to carry out the provisions of certain international conventions,
and for other purposes’’, approved July 5, 1946 (15 U.S.C.
1051 et. seq) (commonly referred to as the ‘‘Trademark Act
of 1946’’ or the ‘‘Lanham Act’’).

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2201

SEC. 223. PROVIDING FOR THIRD-PARTY SUBMISSION OF EVIDENCE
DURING EXAMINATION.

(a) AMENDMENT.—Section 1 of the Trademark Act of 1946 (15
U.S.C. 1051) is amended by adding at the end the following:
‘‘(f) A third party may submit for consideration for inclusion
in the record of an application evidence relevant to a ground for
refusal of registration. The third-party submission shall identify
the ground for refusal and include a concise description of each
piece of evidence submitted in support of each identified ground
for refusal. Not later than 2 months after the date on which the
submission is filed, the Director shall determine whether the evidence should be included in the record of the application. The
Director shall establish by regulation appropriate procedures for
the consideration of evidence submitted by a third party under
this subsection and may prescribe a fee to accompany the submission. If the Director determines that the third-party evidence should
be included in the record of the application, only the evidence
and the ground for refusal to which the evidence relates may
be so included. Any determination by the Director whether or
not to include evidence in the record of an application shall be
final and non-reviewable, and a determination to include or to
not include evidence in the record shall not prejudice any party’s
right to raise any issue and rely on any evidence in any other
proceeding.’’.
(b) DEADLINE FOR PROCEDURES.—Not later than 1 year after
the date of enactment of this Act, the Director shall establish
the appropriate procedures described in section 1(f) of the Trademark Act of 1946, as added by subsection (a).
(c) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect 1 year after the date of enactment of this Act.

Records.
Determination.

Deadline.
Regulations.
Procedures.

15 USC 1051
note.

15 USC 1051
note.

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SEC. 224. PROVIDING FOR FLEXIBLE RESPONSE PERIODS.

Section 12(b) of the Trademark Act of 1946 (15 U.S.C. 1062(b))
is amended to read as follows:
‘‘(b)(1) If the applicant is found not entitled to registration,
the examiner shall notify the applicant thereof and of the reasons
therefor. The applicant may reply or amend the application, which
shall then be reexamined. This procedure may be repeated until
the examiner finally refuses registration of the mark or the application is abandoned as described in paragraph (2).
‘‘(2) After notification under paragraph (1), the applicant shall
have a period of 6 months in which to reply or amend the application, or such shorter time that is not less than 60 days, as prescribed
by the Director by regulation. If the applicant fails to reply or
amend or appeal within the relevant time period, including any
extension under paragraph (3), the application shall be deemed
to have been abandoned, unless it can be shown to the satisfaction
of the Director that the delay in responding was unintentional,
in which case the application may be revived and such time may
be extended. The Director may prescribe a fee to accompany any
request to revive.
‘‘(3) The Director shall provide, by regulation, for extensions
of time to respond to the examiner for any time period under
paragraph (2) that is less than 6 months. The Director shall allow
the applicant to obtain extensions of time to reply or amend aggregating 6 months from the date of notification under paragraph
(1) when the applicant so requests. However, the Director may

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Regulations.

Fees.

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134 STAT. 2202

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set by regulation the time for individual periods of extension, and
prescribe a fee, by regulation, for any extension request. Any request
for extension shall be filed on or before the date on which a
reply or amendment is due under paragraph (1).’’.
SEC. 225. EX PARTE EXPUNGEMENT; EX PARTE REEXAMINATION; NEW
GROUNDS FOR CANCELLATION.

(a) EX PARTE EXPUNGEMENT.—The Trademark Act of 1946 is
amended by inserting after section 16 (15 U.S.C. 1066) the following:
15 USC 1066a.

Statement.

Fees.

Notice.

Records.

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Regulations.

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‘‘SEC. 16A. EX PARTE EXPUNGEMENT.

‘‘(a) PETITION.—Notwithstanding sections 7(b) and 22, and subsections (a) and (b) of section 33, any person may file a petition
to expunge a registration of a mark on the basis that the mark
has never been used in commerce on or in connection with some
or all of the goods or services recited in the registration.
‘‘(b) CONTENTS OF PETITION.—A petition filed under subsection
(a), together with any supporting documents, shall—
‘‘(1) identify the registration that is the subject of the
petition;
‘‘(2) identify each good or service recited in the registration
for which it is alleged that the mark has never been used
in commerce;
‘‘(3) include a verified statement that sets forth—
‘‘(A) the elements of the reasonable investigation the
petitioner conducted to determine that the mark has never
been used in commerce on or in connection with the goods
and services identified in the petition; and
‘‘(B) any additional facts that support the allegation
that the mark has never been used in commerce on or
in connection with the identified goods and services;
‘‘(4) include any supporting evidence on which the petitioner
relies; and
‘‘(5) be accompanied by the fee prescribed by the Director.
‘‘(c) INITIAL DETERMINATION; INSTITUTION.—
‘‘(1) PRIMA FACIE CASE DETERMINATION, INSTITUTION, AND
NOTIFICATION.—The Director shall, for each good or service
identified under subsection (b)(2), determine whether the petition sets forth a prima facie case of the mark having never
been used in commerce on or in connection with each such
good or service, institute an ex parte expungement proceeding
for each good or service for which the Director determines
that a prima facie case has been set forth, and provide a
notice to the registrant and petitioner of the determination
of whether or not the proceeding was instituted. Such notice
shall include a copy of the petition and any supporting documents and evidence that were included with the petition.
‘‘(2) REASONABLE INVESTIGATION GUIDANCE.—The Director
shall promulgate regulations regarding what constitutes a
reasonable investigation under subsection (b)(3) and the general
types of evidence that could support a prima facie case that
a mark has never been used in commerce, but the Director
shall retain the discretion to determine whether a prima facie
case is set out in a particular proceeding.
‘‘(3) DETERMINATION BY DIRECTOR.—Any determination by
the Director whether or not to institute a proceeding under
this section shall be final and non-reviewable, and shall not
prejudice any party’s right to raise any issue and rely on

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134 STAT. 2203

any evidence in any other proceeding, except as provided in
subsection (j).
‘‘(d) EX PARTE EXPUNGEMENT PROCEDURES.—The procedures
for ex parte expungement shall be the same as the procedures
for examination under section 12(b), except that the Director shall
promulgate regulations establishing and governing a proceeding
under this section, which may include regulations that—
‘‘(1) set response and extension times particular to this
type of proceeding, which, notwithstanding section 12(b)(3),
need not be extendable to 6 months;
‘‘(2) set limits governing the timing and number of petitions
filed for a particular registration or by a particular petitioner
or real parties in interest; and
‘‘(3) define the relation of a proceeding under this section
to other proceedings concerning the mark.
‘‘(e) REGISTRANT’S EVIDENCE OF USE.—A registrant’s documentary evidence of use shall be consistent with when a mark shall
be deemed to be in use in commerce under the definition of ‘use
in commerce’ in section 45, but shall not be limited in form to
that of specimens as provided in section 1(a).
‘‘(f) EXCUSABLE NONUSE.—During an ex parte expungement
proceeding, for a mark registered under section 44(e) or an extension
of protection under section 66, the registrant may offer evidence
showing that any nonuse is due to special circumstances that excuse
such nonuse. In such a case, the examiner shall determine whether
the facts and evidence demonstrate excusable nonuse and shall
not find that the registration should be cancelled under subsection
(g) for any good or service for which excusable nonuse is demonstrated.
‘‘(g) EXAMINER’S DECISION; ORDER TO CANCEL.—For each good
or service for which it is determined that a mark has never been
used in commerce, and for which the provisions of subsection (f)
do not apply, the examiner shall find that the registration should
be cancelled for each such good or service. A mark shall not be
found to have never been used in commerce if there is evidence
of use in commerce by the registrant that temporally would have
supported registration at the time the application was filed or
the relevant allegation of use was made, or after registration, but
before the petition to expunge was filed under subsection (a), or
an ex parte expungement proceeding was instituted by the Director
under subsection (h). Unless overturned on review of the examiner’s
decision, the Director shall issue an order cancelling the registration, in whole or in part, after the time for appeal has expired
or any appeal proceeding has terminated.
‘‘(h) EX PARTE EXPUNGEMENT BY THE DIRECTOR.—
‘‘(1) IN GENERAL.—The Director may, on the Director’s own
initiative, institute an ex parte expungement proceeding if the
Director discovers information that supports a prima facie case
of a mark having never been used in commerce on or in connection with any good or service covered by a registration. The
Director shall promptly notify the registrant of such determination, at which time the ex parte expungement proceeding shall
proceed according to the same procedures for ex parte
expungement established pursuant to subsection (d). If the
Director determines, based on the Director’s own initiative,
to institute an expungement proceeding, the Director shall
transmit or make available the information that formed the

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Regulations.

Time period.

Determination.

Determination.

Notification.

PUBL260A

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basis for that determination as part of the institution notice
sent to the registrant.
‘‘(2) RULE OF CONSTRUCTION.—Nothing in this subsection
shall be construed to limit any other authority of the Director.
‘‘(i) TIME FOR INSTITUTION.—
‘‘(1) WHEN PETITION MAY BE FILED, EX PARTE EXPUNGEMENT
PROCEEDING INSTITUTED.—A petition for ex parte expungement
of a registration under subsection (a) may be filed, or the
Director may institute on the Director’s own initiative an ex
parte expungement proceeding of a registration under subsection (h), at any time following the expiration of 3 years
after the date of registration and before the expiration of 10
years following the date of registration.
‘‘(2) EXCEPTION.—Notwithstanding paragraph (1), for a
period of 3 years after the date of enactment of this section,
a petition for expungement of a registration under subsection
(a) may be filed, or the Director may institute on the Director’s
own initiative an ex parte expungement proceeding of a registration under subsection (h), at any time following the expiration of 3 years after the date of registration.
‘‘(j) LIMITATION ON LATER EX PARTE EXPUNGEMENT PROCEEDINGS.—
‘‘(1) NO CO-PENDING PROCEEDINGS.—With respect to a particular registration, while an ex parte expungement proceeding
is pending, no later ex parte expungement proceeding may
be instituted with respect to the same goods or services that
are the subject of a pending ex parte expungement proceeding.
‘‘(2) ESTOPPEL.—With respect to a particular registration,
for goods or services previously subject to an instituted
expungement proceeding for which, in that proceeding, it was
determined that the registrant had used the mark for particular
goods or services, as relevant, and the registration was not
cancelled as to those goods or services, no further ex parte
expungement proceedings may be initiated as to those goods
or services, regardless of the identity of the petitioner.
‘‘(k) USE IN COMMERCE REQUIREMENT NOT ALTERED.—Nothing
in this section shall affect the requirement for use in commerce
of a mark registered under section 1(a) or 23.’’.
(b) NEW GROUNDS FOR CANCELLATION.—Section 14 of the
Trademark Act of 1946 (15 U.S.C. 1064) is amended—
(1) by striking the colon at the end of paragraph (5) and
inserting a period;
(2) by inserting after paragraph (5) the following:
‘‘(6) At any time after the 3-year period following the date
of registration, if the registered mark has never been used
in commerce on or in connection with some or all of the goods
or services recited in the registration:’’; and
(3) in the flush text following paragraph (6), as added
by paragraph (2) of this subsection, by inserting ‘‘Nothing in
paragraph (6) shall be construed to limit the timing applicable
to any other ground for cancellation. A registration under section 44(e) or 66 shall not be cancelled pursuant to paragraph
(6) if the registrant demonstrates that any nonuse is due to
special circumstances that excuse such nonuse.’’ after ‘‘identical
certification mark is applied.’’.

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PUBLIC LAW 116–260—DEC. 27, 2020

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(c) EX PARTE REEXAMINATION.—The Trademark Act of 1946
is amended by inserting after section 16A, as added by subsection
(a), the following:

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‘‘SEC. 16B. EX PARTE REEXAMINATION.

15 USC 1066b.

‘‘(a) PETITION FOR REEXAMINATION.—Any person may file a
petition to reexamine a registration of a mark on the basis that
the mark was not in use in commerce on or in connection with
some or all of the goods or services recited in the registration
on or before the relevant date.
‘‘(b) RELEVANT DATE.—In this section, the term ‘relevant date’
means, with respect to an application for the registration of a
mark with an initial filing basis of—
‘‘(1) section 1(a) and not amended at any point to be filed
pursuant to section 1(b), the date on which the application
was initially filed; or
‘‘(2) section 1(b) or amended at any point to be filed pursuant to section 1(b), the date on which—
‘‘(A) an amendment to allege use under section 1(c)
was filed; or
‘‘(B) the period for filing a statement of use under
section 1(d) expired, including all approved extensions
thereof.
‘‘(c) REQUIREMENTS FOR THE PETITION.—A petition filed under
subsection (a), together with any supporting documents, shall—
‘‘(1) identify the registration that is the subject of the
petition;
‘‘(2) identify each good and service recited in the registration for which it is alleged that the mark was not in use
in commerce on or in connection with on or before the relevant
date;
‘‘(3) include a verified statement that sets forth—
‘‘(A) the elements of the reasonable investigation the
petitioner conducted to determine that the mark was not
in use in commerce on or in connection with the goods
and services identified in the petition on or before the
relevant date; and
‘‘(B) any additional facts that support the allegation
that the mark was not in use in commerce on or before
the relevant date on or in connection with the identified
goods and services;
‘‘(4) include supporting evidence on which the petitioner
relies; and
‘‘(5) be accompanied by the fee prescribed by the Director.
‘‘(d) INITIAL DETERMINATION; INSTITUTION.—
‘‘(1) PRIMA FACIE CASE DETERMINATION, INSTITUTION, AND
NOTIFICATION.—The Director shall, for each good or service
identified under subsection (c)(2), determine whether the petition sets forth a prima facie case of the mark having not
been in use in commerce on or in connection with each such
good or service, institute an ex parte reexamination proceeding
for each good or service for which the Director determines
that the prima facie case has been set forth, and provide
a notice to the registrant and petitioner of the determination
of whether or not the proceeding was instituted. Such notice
shall include a copy of the petition and any supporting documents and evidence that were included with the petition.

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Definition.

Statement.

Fees.

Records.

PUBL260A

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Regulations.

Regulations.

Time period.

Determination.

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Notification.

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PUBLIC LAW 116–260—DEC. 27, 2020

‘‘(2) REASONABLE INVESTIGATION GUIDANCE.—The Director
shall promulgate regulations regarding what constitutes a
reasonable investigation under subsection (c)(3) and the general
types of evidence that could support a prima facie case that
the mark was not in use in commerce on or in connection
with a good or service on or before the relevant date, but
the Director shall retain discretion to determine whether a
prima facie case is set out in a particular proceeding.
‘‘(3) DETERMINATION BY DIRECTOR.—Any determination by
the Director whether or not to institute a reexamination proceeding under this section shall be final and non-reviewable,
and shall not prejudice any party’s right to raise any issue
and rely on any evidence in any other proceeding, except as
provided in subsection (j).
‘‘(e) REEXAMINATION PROCEDURES.—The procedures for
reexamination shall be the same as the procedures established
under section 12(b) except that the Director shall promulgate regulations establishing and governing a proceeding under this section,
which may include regulations that—
‘‘(1) set response and extension times particular to this
type of proceeding, which, notwithstanding section 12(b)(3),
need not be extendable to 6 months;
‘‘(2) set limits governing the timing and number of petitions
filed for a particular registration or by a particular petitioner
or real parties in interest; and
‘‘(3) define the relation of a reexamination proceeding under
this section to other proceedings concerning the mark.
‘‘(f) REGISTRANT’S EVIDENCE OF USE.—A registrant’s documentary evidence of use shall be consistent with when a mark shall
be deemed to be in use in commerce under the definition of ‘use
in commerce’ in section 45, but shall not be limited in form to
that of specimens as provided in section 1(a).
‘‘(g) EXAMINER’S DECISION; ORDER TO CANCEL.—For each good
or service for which it is determined that the registration should
not have issued because the mark was not in use in commerce
on or before the relevant date, the examiner shall find that the
registration should be cancelled for each such good or service.
Unless overturned on review of the examiner’s decision, the Director
shall issue an order cancelling the registration, in whole or in
part, after the time for appeal has expired or any appeal proceeding
has terminated.
‘‘(h) REEXAMINATION BY DIRECTOR.—
‘‘(1) IN GENERAL.—The Director may, on the Director’s own
initiative, institute an ex parte reexamination proceeding if
the Director discovers information that supports a prima facie
case of the mark having not been used in commerce on or
in connection with some or all of the goods or services covered
by the registration on or before the relevant date. The Director
shall promptly notify the registrant of such determination, at
which time reexamination shall proceed according to the same
procedures established pursuant to subsection (e). If the
Director determines, based on the Director’s own initiative,
to institute an ex parte reexamination proceeding, the Director
shall transmit or make available the information that formed
the basis for that determination as part of the institution
notice.

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134 STAT. 2207

‘‘(2) RULE OF CONSTRUCTION.—Nothing in this subsection
shall be construed to limit any other authority of the Director.
‘‘(i) TIME FOR INSTITUTION.—A petition for ex parte reexamination may be filed, or the Director may institute on the Director’s
own initiative an ex parte reexamination proceeding, at any time
not later than 5 years after the date of registration of a mark
registered based on use in commerce.
‘‘(j) LIMITATION ON LATER EX PARTE REEXAMINATION PROCEEDINGS.—
‘‘(1) NO CO-PENDING PROCEEDINGS.—With respect to a particular registration, while an ex parte reexamination proceeding
is pending, no later ex parte reexamination proceeding may
be instituted with respect to the same goods or services that
are the subject of a pending ex parte reexamination proceeding.
‘‘(2) ESTOPPEL.—With respect to a particular registration,
for any goods or services previously subject to an instituted
ex parte reexamination proceeding for which, in that proceeding, it was determined that the registrant had used the
mark for particular goods or services before the relevant date,
and the registration was not cancelled as to those goods or
services, no further ex parte reexamination proceedings may
be initiated as to those goods or services, regardless of the
identity of the petitioner.
‘‘(k) SUPPLEMENTAL REGISTER.—The provisions of subsection
(b) apply, as appropriate, to registrations under section 23. Nothing
in this section shall be construed to limit the timing of a cancellation
action under section 24.’’.
(d) APPEAL.—
(1) APPEAL TO TRADEMARK TRIAL AND APPEAL BOARD.—
Section 20 of the Trademark Act of 1946 (15 U.S.C. 1070)
is amended by inserting ‘‘or a final decision by an examiner
in an ex parte expungement proceeding or ex parte reexamination proceeding’’ after ‘‘registration of marks’’.
(2) APPEAL TO COURTS.—
(A) EXPUNGEMENT OR EX PARTE REEXAMINATION.—Section 21(a)(1) of the Trademark Act of 1946 (15 U.S.C.
1071(a)(1)) is amended by striking ‘‘or an applicant for
renewal’’ and inserting the following: ‘‘an applicant for
renewal, or a registrant subject to an ex parte expungement
proceeding or an ex parte reexamination proceeding’’.
(B) EXCEPTION.—Section 21(b)(1) of the Trademark Act
of 1946 (15 U.S.C. 1071(b)(1)) is amended by inserting
‘‘, except for a registrant subject to an ex parte
expungement proceeding or an ex parte reexamination proceeding,’’ before ‘‘is dissatisfied’’.
(e) TECHNICAL AND CONFORMING AMENDMENTS.—The Trademark Act of 1946 is amended—
(1) in section 15 (15 U.S.C. 1065), by striking ‘‘paragraphs
(3) and (5)’’ and inserting ‘‘paragraphs (3), (5), and (6)’’; and
(2) in section 26 (15 U.S.C. 1094), by adding at the end
the following: ‘‘Registrations on the supplemental register shall
be subject to ex parte expungement and ex parte reexamination
under sections 16A and 16B, respectively.’’.
(f) DEADLINE FOR PROCEDURES.—Not later than 1 year after
the date of enactment of this Act, the Director shall issue regulations to carry out sections 16A and 16B of the Trademark Act
of 1946, as added by subsections (a) and (c).

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Applicability.

Regulations.
15 USC 1066a
note.

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134 STAT. 2208
Time period.
15 USC 1064
note.

PUBLIC LAW 116–260—DEC. 27, 2020

(g) EFFECTIVE DATE.—The amendments made by this section
shall take effect upon the expiration of the 1-year period beginning
on the date of enactment of this Act, and shall apply to any
mark registered before, on, or after that effective date.
SEC. 226. REBUTTABLE PRESUMPTION OF IRREPARABLE HARM.

15 USC 1116
note.

(a) AMENDMENT.—Section 34(a) of the Trademark Act of 1946
(15 U.S.C. 1116(a)) is amended by inserting after the first sentence
the following: ‘‘A plaintiff seeking any such injunction shall be
entitled to a rebuttable presumption of irreparable harm upon
a finding of a violation identified in this subsection in the case
of a motion for a permanent injunction or upon a finding of likelihood of success on the merits for a violation identified in this
subsection in the case of a motion for a preliminary injunction
or temporary restraining order.’’.
(b) RULE OF CONSTRUCTION.—The amendment made by subsection (a) shall not be construed to mean that a plaintiff seeking
an injunction was not entitled to a presumption of irreparable
harm before the date of enactment of this Act.
SEC. 227. REPORT ON DECLUTTERING INITIATIVES.

Consultation.
Time period.

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Assessment.

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(a) STUDY.—The Comptroller General of the United States shall
consult with the Director to conduct a study on the efforts of
the Director during the period beginning 12 months after the date
of enactment of this Act and ending 30 months after the date
of enactment of this Act to address inaccurate and false claims
of use in trademark applications and registrations. Inaccurate and
false claims of use include any declaration of use by a trademark
applicant or registrant that cannot be supported by use in commerce
as defined in section 45 of the Trademark Act of 1946 (15 U.S.C.
1127) or the regulations relevant to the definition of specimens
under section 1 of the Trademark Act of 1946 (15 U.S.C. 1051),
as applicable.
(b) CONTENTS OF STUDY.—In conducting the study under subsection (a), the Comptroller General shall assess the following:
(1) With respect to sections 16A and 16B of the Trademark
Act of 1946, as added by section 225—
(A) the number of petitions filed under each such section for which a decision not to institute was issued;
(B) the number of petitions filed under each such section for which a decision to institute was issued;
(C) the number of in-process and completed proceedings
instituted under each such section, including any proceedings instituted by the Director’s own initiative;
(D) the average time taken to resolve proceedings
instituted under each such section, including the average
time between—
(i) the filing of a petition under each such section
and an examiner’s final decision under section 16A(g)
and 16B(g), or the last decision issued by the examiner
if the registrant failed to respond to the latest-intime decision by the examiner; and
(ii) the institution of a proceeding under each such
section, including any proceedings instituted by the
Director’s own initiative, and an examiner’s final decision under section 16A(g) and 16B(g), or the last decision issued by the examiner if the registrant failed

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2209

to respond to the latest-in-time decision by the examiner;
(E) the number of appeals of decisions of examiners
to the Trademark Trial and Appeal Board and to the courts
for each such proceeding; and
(F) an accounting of the final outcome of each such
proceeding instituted by identifying the number of goods
or services for which such proceedings were instituted,
and the number of goods or services for each involved
registration that were cancelled pursuant to such proceedings.
(2) With respect to section 1(f) of the Trademark Act of
1946, as added by section 223—
(A) the number of third-party submissions filed under
such section for which the third-party asserts in the
submission that the mark has not been used in commerce;
and
(B) of the applications identified in subparagraph (A),
the number of applications in which the third-party submission evidence is included in the application; and
(C) of those applications identified in subparagraph
(B), the number of applications—
(i) refused registration based on an assertion by
the examiner that the mark has not been used in
commerce; and
(ii) for which the examiner requested additional
information from the applicant related to claims of
use.
(3) The effectiveness of—
(A) the proceedings under sections 16A and 16B of
the Trademark Act of 1946, as added by section 225, in
addressing inaccurate and false claims of use in trademark
registrations; and
(B) any additional programs conducted by the Director
designed to address inaccurate and false claims of use
in trademark applications and registrations, including the
post-registration use audit, as implemented as of the date
of enactment of this Act under sections 2.161(h) and 7.37(h)
of title 37, Code of Federal Regulations.
(c) REPORT TO CONGRESS.—Not later than 3 years after the
date of enactment of this Act, the Comptroller General of the
United States shall submit to the Committee on the Judiciary
of the Senate and the Committee on the Judiciary of the House
of Representatives a report—
(1) on the results of the study conducted under this section;
and
(2) that includes any recommendations, based on the results
of the study, for any changes to laws or regulations that will
improve the integrity of the trademark register or reduce inaccurate or false claims of use.

Recommendations.

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SEC. 228. AMENDMENTS TO CONFIRM AUTHORITY OF THE DIRECTOR.

(a) AMENDMENTS.—
(1) Section 18 of the Trademark Act of 1946 (15 U.S.C.
1068) is amended by inserting after ‘‘established in the proceedings’’ the following: ‘‘. The authority of the Director under
this section includes the authority to reconsider, and modify

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134 STAT. 2210

PUBLIC LAW 116–260—DEC. 27, 2020
or set aside, a decision of the Trademark Trial and Appeal
Board’’.
(2) Section 20 of the Trademark Act of 1946 (15 U.S.C.
1070) is amended by adding at the end the following: ‘‘The
Director may reconsider, and modify or set aside, a decision
of the Trademark Trial and Appeal Board under this section.’’.
(3) Section 24 of the Trademark Act of 1946 (15 U.S.C.
1092) is amended by inserting after ‘‘shall be canceled by the
Director’’ the following: ‘‘, unless the Director reconsiders the
decision of the Board, and modifies or sets aside, such decision’’.
(b) RULES OF CONSTRUCTION.—
(1) AUTHORITY BEFORE DATE OF ENACTMENT.—The amendments made by subsection (a) shall not be construed to mean
that the Director lacked the authority to reconsider, and modify
or set aside, a decision of the Trademark Trial and Appeal
Board before the date of enactment of this Act.
(2) AUTHORITY WITH RESPECT TO PARTICULAR DECISIONS.—
The amendments made by subsection (a) shall not be construed
to require the Director to reconsider, modify, or set aside any
particular decision of the Trademark Trial and Appeal Board.

15 USC 1068
note.

Protecting our
Infrastructure of
Pipelines and
Enhancing Safety
Act of 2020.

DIVISION R—PROTECTING OUR INFRASTRUCTURE OF PIPELINES AND ENHANCING SAFETY ACT OF 2020
SEC. 1. SHORT TITLE; TABLE OF CONTENTS.

49 USC 60101
note.

(a) SHORT TITLE.—This division may be cited as the ‘‘Protecting
our Infrastructure of Pipelines and Enhancing Safety Act of 2020’’
or the ‘‘PIPES Act of 2020’’.
(b) TABLE OF CONTENTS.—The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

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TITLE I—IMPROVING PIPELINE SAFETY AND INFRASTRUCTURE

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Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

101.
102.
103.
104.
105.
106.
107.
108.
109.
110.
111.
112.
113.
114.
115.
116.
117.
118.
119.

Sec.
Sec.
Sec.
Sec.

120.
121.
122.
123.

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Authorization of appropriations.
Pipeline workforce development.
Cost recovery and fees for facility reviews.
Advancement of new pipeline safety technologies and approaches.
Pipeline safety testing enhancement study.
Regulatory updates.
Self-disclosure of violations.
Due process protections in enforcement proceedings.
Pipeline operating status.
Updates to standards for liquefied natural gas facilities.
National Center of Excellence for Liquefied Natural Gas Safety.
Prioritization of rulemaking.
Leak detection and repair.
Inspection and maintenance plans.
Consideration of pipeline class location changes.
Protection of employees providing pipeline safety information.
Interstate drug and alcohol oversight.
Purpose and general authority.
National Academy of Sciences study on automatic and remote-controlled
shut-off valves on existing pipelines.
Unusually sensitive areas.
Safety-related condition reports.
Risk analysis and integrity management programs.
Rule of construction.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2211

TITLE II—LEONEL RONDON PIPELINE SAFETY ACT
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

201.
202.
203.
204.
205.
206.

Short title.
Distribution integrity management plans.
Emergency response plans.
Operations and maintenance manuals.
Pipeline safety management systems.
Pipeline safety practices.

SEC. 2. DEFINITIONS.

In this Act:
(1) ADMINISTRATION.—The term ‘‘Administration’’ means
the Pipeline and Hazardous Materials Safety Administration.
(2) ADMINISTRATOR.—The term ‘‘Administrator’’ means the
Administrator of the Administration.
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Transportation.

49 USC 60101
note.

TITLE I—IMPROVING PIPELINE SAFETY
AND INFRASTRUCTURE

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SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

(a) GAS AND HAZARDOUS LIQUID.—Section 60125 of title 49,
United States Code, is amended by striking subsection (a) and
inserting the following:
‘‘(a) GAS AND HAZARDOUS LIQUID.—
‘‘(1) IN GENERAL.—From fees collected under section 60301,
there are authorized to be appropriated to the Secretary to
carry out section 12 of the Pipeline Safety Improvement Act
of 2002 (49 U.S.C. 60101 note; Public Law 107–355) and the
provisions of this chapter relating to gas and hazardous liquid—
‘‘(A) $156,400,000 for fiscal year 2021, of which—
‘‘(i) $9,000,000 shall be used to carry out section
12 of the Pipeline Safety Improvement Act of 2002
(49 U.S.C. 60101 note; Public Law 107–355); and
‘‘(ii) $63,000,000 shall be used for making grants;
‘‘(B) $158,500,000 for fiscal year 2022, of which—
‘‘(i) $9,000,000 shall be used to carry out section
12 of the Pipeline Safety Improvement Act of 2002
(49 U.S.C. 60101 note; Public Law 107–355); and
‘‘(ii) $66,000,000 shall be used for making grants;
and
‘‘(C) $162,700,000 for fiscal year 2023, of which—
‘‘(i) $9,000,000 shall be used to carry out section
12 of the Pipeline Safety Improvement Act of 2002
(49 U.S.C. 60101 note; Public Law 107–355); and
‘‘(ii) $69,000,000 shall be used for making grants.
‘‘(2) TRUST FUND AMOUNTS.—In addition to the amounts
authorized to be appropriated under paragraph (1), there are
authorized to be appropriated from the Oil Spill Liability Trust
Fund established by section 9509(a) of the Internal Revenue
Code of 1986 to carry out section 12 of the Pipeline Safety
Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law
107–355) and the provisions of this chapter relating to hazardous liquid—
‘‘(A) $27,000,000 for fiscal year 2021, of which—

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134 STAT. 2212

PUBLIC LAW 116–260—DEC. 27, 2020
‘‘(i) $3,000,000 shall be used to carry out section
12 of the Pipeline Safety Improvement Act of 2002
(49 U.S.C. 60101 note; Public Law 107–355); and
‘‘(ii) $11,000,000 shall be used for making grants;
‘‘(B) $27,650,000 for fiscal year 2022, of which—
‘‘(i) $3,000,000 shall be used to carry out section
12 of the Pipeline Safety Improvement Act of 2002
(49 U.S.C. 60101 note; Public Law 107–355); and
‘‘(ii) $12,000,000 shall be used for making grants;
and
‘‘(C) $28,700,000 for fiscal year 2023, of which—
‘‘(i) $3,000,000 shall be used to carry out section
12 of the Pipeline Safety Improvement Act of 2002
(49 U.S.C. 60101 note; Public Law 107–355); and
‘‘(ii) $13,000,000 shall be used for making grants.
‘‘(3) UNDERGROUND NATURAL GAS STORAGE FACILITY SAFETY
ACCOUNT.—From fees collected under section 60302, there is
authorized to be appropriated to the Secretary to carry out
section 60141 $8,000,000 for each of fiscal years 2021 through
2023.
‘‘(4) RECRUITMENT AND RETENTION.—From amounts made
available to the Secretary under paragraphs (1) and (2), the
Secretary shall use—
‘‘(A) $ 1,520,000 to carry out section 102(b)(1) of the
PIPES Act of 2020, of which—
‘‘(i) $1,292,000 shall be from amounts made available under paragraph (1)(A); and
‘‘(ii) $228,000 shall be from amounts made available under paragraph (2)(A);
‘‘(B) $2,300,000 to carry out section 102(b)(2)(A) of the
PIPES Act of 2020, of which—
‘‘(i) $1,955,000 shall be from amounts made available under paragraph (1)(A); and
‘‘(ii) $345,000 shall be from amounts made available under paragraph (2)(A);
‘‘(C) $1,600,000 to carry out section 102(b)(2)(B) of the
PIPES Act of 2020, of which—
‘‘(i) $1,360,000 shall be from amounts made available under paragraph (1)(B); and
‘‘(ii) $240,000 shall be from amounts made available under paragraph (2)(B);
‘‘(D) $1,800,000 to carry out section 102(b)(2)(C) of
the PIPES Act of 2020, of which—
‘‘(i) $ 1,530,000 shall be from amounts made available under paragraph (1)(C); and
‘‘(ii) $270,000 shall be from amounts made available under paragraph (2)(C);
‘‘(E) $2,455,000 to carry out section 102(c) of the PIPES
Act of 2020 in fiscal year 2021, of which—
‘‘(i) $2,086,750 shall be from amounts made available under paragraph (1)(A); and
‘‘(ii) $368,250 shall be from amounts made available under paragraph (2)(A);
‘‘(F) $2,455,000 to carry out section 102(c) of the PIPES
Act of 2020 in fiscal year 2022, of which—
‘‘(i) $2,086,750 shall be from amounts made available under paragraph (1)(B); and

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134 STAT. 2213

‘‘(ii) $368,250 shall be from amounts made available under paragraph (2)(B); and
‘‘(G) $2,455,000 to carry out section 102(c) of the PIPES
Act of 2020 in fiscal year 2023, of which—
‘‘(i) $2,086,750 shall be from amounts made available under paragraph (1)(C); and
‘‘(ii) $368,250 shall be from amounts made available under paragraph (2)(C).’’.
(b) OPERATIONAL EXPENSES.—Section 2(b) of the PIPES Act
of 2016 (Public Law 114–183; 130 Stat. 515) is amended by striking
paragraphs (1) through (4) and inserting the following:
‘‘(1) $25,000,000 for fiscal year 2021.
‘‘(2) $26,000,000 for fiscal year 2022.
‘‘(3) $27,000,000 for fiscal year 2023.’’.
(c) ONE-CALL NOTIFICATION PROGRAMS.—Section 6107 of title
49, United States Code, is amended by striking ‘‘ $1,058,000 for
each of fiscal years 2016 through 2019’’ and inserting ‘‘ $1,058,000
for each of fiscal years 2021 through 2023’’.
(d) EMERGENCY RESPONSE GRANTS.—Section 60125(b)(2) of title
49, United States Code, is amended by striking ‘‘fiscal years 2012
through 2015’’ and inserting ‘‘fiscal years 2021 through 2023’’.
(e) PIPELINE SAFETY INFORMATION GRANTS TO COMMUNITIES.—
Section 60130 of title 49, United States Code, is amended—
(1) in subsection (a)—
(A) in paragraph (1)—
(i) in the first sentence, by striking ‘‘to local
communities and groups of individuals (not including
for-profit entities)’’ and inserting ‘‘to local communities,
Indian Tribes, and groups of individuals (not including
for-profit entities)’’; and
(ii) in the third sentence, by striking ‘‘The amount’’
and inserting ‘‘Except as provided in subsection (c)(2),
the amount’’; and
(B) by striking paragraph (4);
(2) by striking subsection (c) and inserting the following:
‘‘(c) FUNDING.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), out of amounts
made available under section 2(b) of the PIPES Act of 2016
(Public Law 114–183; 130 Stat. 515), the Secretary shall use
$2,000,000 for each of fiscal years 2021 through 2023 to carry
out this section.
‘‘(2) IMPROVING TECHNICAL ASSISTANCE.—From the amounts
used to carry out this section under paragraph (1) each fiscal
year, the Secretary shall award $1,000,000 to an eligible
applicant through a competitive selection process for the purpose of improving the quality of technical assistance provided
to communities or individuals under this section.
‘‘(3) LIMITATION.—Any amounts used to carry out this section shall not be derived from user fees collected under section
60301.’’; and
(3) by adding at the end the following:
‘‘(d) DEFINITIONS.—In this section:
‘‘(1) TECHNICAL ASSISTANCE.—The term ‘technical assistance’ means engineering, research, and other scientific analysis
of pipeline safety issues, including the promotion of public
participation on technical pipeline safety issues in proceedings
related to this chapter.

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134 STAT. 2214

PUBLIC LAW 116–260—DEC. 27, 2020

‘‘(2) ELIGIBLE APPLICANT.—The term ‘eligible applicant’
means a nonprofit entity that—
‘‘(A) is a public safety advocate;
‘‘(B) has pipeline safety expertise;
‘‘(C) is able to provide individuals and communities
with technical assistance; and
‘‘(D) was established with funds designated for the
purpose of community service through the implementation
of section 3553 of title 18 relating to violations of this
chapter.’’.
(f) DAMAGE PREVENTION PROGRAMS.—Section 60134(i) of title
49, United States Code, is amended in the first sentence by striking
‘‘fiscal years 2012 through 2015’’ and inserting ‘‘fiscal years 2021
through 2023’’.
(g) PIPELINE INTEGRITY PROGRAM.—Section 12(f) of the Pipeline
Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public
Law 107–355) is amended by striking ‘‘2016 through 2019’’ and
inserting ‘‘2021 through 2023’’.
49 USC 60101
note.
Deadline.
Review.

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Determination.

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SEC. 102. PIPELINE WORKFORCE DEVELOPMENT.

(a) INSPECTOR TRAINING.—Not later than 1 year after the date
of enactment of this Act, the Administrator shall—
(1) review the inspector training programs provided at
the Inspector Training and Qualifications Division of the
Administration in Oklahoma City, Oklahoma; and
(2) determine whether any of the programs referred to
in paragraph (1), or any portions of the programs, could be
provided online through teletraining or another type of distance
learning.
(b) STAFFING.—
(1) IN GENERAL.—The Secretary shall increase the number
of full-time equivalent employees (as compared to the number
of positions on the date of enactment of this Act) by 8 fulltime employees with subject matter expertise in pipeline safety,
pipeline facilities, and pipeline systems to finalize outstanding
rulemakings and fulfill congressional mandates.
(2) PIPELINE INSPECTION AND ENFORCEMENT PERSONNEL.—
The Secretary shall ensure that the number of full-time positions for pipeline inspection and enforcement personnel in the
Office of Pipeline Safety of the Administration does not fall
below the following:
(A) 224 for fiscal year 2021.
(B) 235 for fiscal year 2022.
(C) 247 for fiscal year 2023.
(c) RECRUITMENT AND RETENTION INCENTIVES.—
(1) IN GENERAL.—The Secretary shall use incentives, as
necessary, to recruit and retain a qualified workforce, including
inspection and enforcement personnel and attorneys and subject
matter experts at the Office of Pipeline Safety of the Administration, including—
(A) special pay rates permitted under section 5305
of title 5, United States Code;
(B) repayment of student loans permitted under section
5379 of that title;
(C) tuition assistance permitted under chapter 41 of
that title;

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134 STAT. 2215

(D) recruitment incentives permitted under section
5753 of that title; and
(E) retention incentives permitted under section 5754
of that title.
(2) CONTINUED SERVICE AGREEMENT.—The Secretary shall
ensure that the incentives described in paragraph (1) are accompanied by a continued service agreement.
(3) APPROVAL.—The Secretary shall request, as necessary,
the approval of the Office of Personnel Management to use
the incentives described in paragraph (1).
SEC. 103. COST RECOVERY AND FEES FOR FACILITY REVIEWS.

(a) FEES FOR COMPLIANCE REVIEWS OF LIQUEFIED NATURAL
GAS FACILITIES.—Chapter 603 of title 49, United States Code, is
amended by inserting after section 60302 the following:
‘‘§ 60303. Fees for compliance reviews of liquefied natural
gas facilities
‘‘(a) IMPOSITION OF FEE.—
‘‘(1) IN GENERAL.—The Secretary of Transportation
(referred to in this section as the ‘Secretary’) shall impose
on a person who files with the Federal Energy Regulatory
Commission an application for a liquefied natural gas facility
that has design and construction costs totaling not less than
$2,500,000,000 a fee for the necessary expenses of a review,
if any, that the Secretary conducts, in connection with that
application, to determine compliance with subpart B of part
193 of title 49, Code of Federal Regulations (or successor regulations).
‘‘(2) RELATION TO OTHER REVIEW.—The Secretary may not
impose fees under paragraph (1) and section 60117(o) or
60301(b) for the same compliance review described in paragraph
(1).
‘‘(b) MEANS OF COLLECTION.—
‘‘(1) IN GENERAL.—The Secretary shall prescribe procedures
to collect fees under this section.
‘‘(2) USE OF GOVERNMENT ENTITIES.—The Secretary may—
‘‘(A) use a department, agency, or instrumentality of
the Federal Government or of a State or local government
to collect fees under this section; and
‘‘(B) reimburse that department, agency, or instrumentality a reasonable amount for the services provided.
‘‘(c) ACCOUNT.—There is established an account, to be known
as the ‘Liquefied Natural Gas Siting Account’, in the Pipeline Safety
Fund established in the Treasury of the United States under section
60301.’’.
(b) CLERICAL AMENDMENT.—The table of sections for chapter
603 of title 49, United States Code, is amended by inserting after
the item relating to section 60302 the following:

49 USC 60303.

Procedures.

Reimbursement.

49 USC 60301
prec.

‘‘60303. Fees for compliance reviews of liquefied natural gas facilities.’’.

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SEC. 104. ADVANCEMENT OF NEW PIPELINE SAFETY TECHNOLOGIES
AND APPROACHES.

(a) IN GENERAL.—Chapter 601 of title 49, United States Code,
is amended by adding at the end the following:

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134 STAT. 2216
49 USC 60142.
Evaluation.

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Reports.

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PUBLIC LAW 116–260—DEC. 27, 2020

‘‘§ 60142. Pipeline safety enhancement programs
‘‘(a) IN GENERAL.—The Secretary may establish and carry out
limited safety-enhancing testing programs to evaluate innovative
technologies and operational practices testing the safe operation
of—
‘‘(1) a natural gas pipeline facility; or
‘‘(2) a hazardous liquid pipeline facility.
‘‘(b) LIMITATIONS.—
‘‘(1) IN GENERAL.—Testing programs established under subsection (a) may not exceed—
‘‘(A) 5 percent of the total miles of hazardous liquid
pipelines in the United States that are regulated by—
‘‘(i) the Pipeline and Hazardous Materials Safety
Administration; or
‘‘(ii) a State authority under section 60105 or
60106; and
‘‘(B) 5 percent of the total miles of natural gas pipelines
in the United States that are regulated by—
‘‘(i) the Pipeline and Hazardous Materials Safety
Administration; or
‘‘(ii) a State authority under section 60105 or
60106.
‘‘(2) OPERATOR MILEAGE LIMITATION.—The Secretary shall
limit the miles of pipelines that each operator can test under
each program established under subsection (a) to the lesser
of—
‘‘(A) 38 percent of the total miles of pipelines in the
system of the operator that are regulated by—
‘‘(i) the Pipeline and Hazardous Materials Safety
Administration; or
‘‘(ii) a State authority under section 60105 or
60106; or
‘‘(B) 1,000 miles.
‘‘(3) PROHIBITED AREAS.—Any program established under
subsection (a) shall not be located in—
‘‘(A) a high population area (as defined in section
195.450 of title 49, Code of Federal Regulations (or a successor regulation));
‘‘(B) a high consequence area (as defined in section
192.903 of title 49, Code of Federal Regulations (or a successor regulation)); or
‘‘(C) an unusually sensitive area (as described under
subsection (a)(1)(B)(ii) of section 60109 in accordance with
subsection (b) of that section).
‘‘(4) HIGH CONSEQUENCE AREAS FOR HAZARDOUS LIQUID
PIPELINES.—
‘‘(A) IN GENERAL.—Not later than 1 year after the
date of enactment of this section, the Secretary shall submit
to Congress a report examining the benefits and costs
of prohibiting the testing of hazardous liquid pipelines
in high consequence areas (as defined in section 195.450
of title 49, Code of Federal Regulations (or a successor
regulation)).
‘‘(B) CONTENTS OF REPORT.—The report described in
subparagraph (A) shall examine—
‘‘(i) the safety benefits of allowing the testing of
hazardous liquid pipelines in high consequence areas

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2217

(as defined in section 195.450 of title 49, Code of Federal Regulations (or a successor regulation)); and
‘‘(ii) whether additional testing conditions are
required to protect those areas while conducting a
testing program established under subsection (a) in
those areas.
‘‘(c) DURATION.—
‘‘(1) IN GENERAL.—The term of a testing program established under subsection (a) shall be not more than a period
of 3 years beginning on the date of approval of the program.
‘‘(2) REQUIREMENT.—The Secretary shall not establish any
additional safety-enhancing testing programs under subsection
(a) after the date that is 3 years after the date of enactment
of this section.
‘‘(d) SAFETY STANDARDS.—
‘‘(1) IN GENERAL.—The Secretary shall require, as a condition of approval of a testing program under subsection (a),
that the safety measures in the testing program are designed
to achieve a level of safety that is greater than the level
of safety required by this chapter.
‘‘(2) DETERMINATION.—
‘‘(A) IN GENERAL.—The Secretary may issue an order
under subparagraph (A) of section 60118(c)(1) to accomplish
the purpose of a testing program for a term not to exceed
the time period described in subsection (c) if the condition
described in paragraph (1) is met, as determined by the
Secretary.
‘‘(B) LIMITATION.—An order under subparagraph (A)
shall pertain only to those regulations that would otherwise
prevent the use of the safety technology to be tested under
the testing program.
‘‘(3) INCREASED SAFETY CAPABILITIES.—For purposes of
paragraph (1), improvement in the reliability, accuracy, durability, or certainty of pipeline safety technologies, techniques,
or methods shall constitute an appropriate means of meeting
the safety measure requirement described in that paragraph.
‘‘(e) CONSIDERATIONS.—In establishing a testing program under
subsection (a), the Secretary shall consider—
‘‘(1) the accident and incident record of the owners or
operators participating in the program;
‘‘(2)(A) whether the owners or operators participating in
the program have a safety management system in place; and
‘‘(B) how the application of that system proposes to eliminate or mitigate potential safety and environmental risks
throughout the duration of the program; and
‘‘(3) whether the proposed safety technology has been tested
through a research and development program carried out by—
‘‘(A) the Secretary;
‘‘(B) collaborative research development organizations;
or
‘‘(C) other institutions.
‘‘(f) DATA AND FINDINGS.—
‘‘(1) IN GENERAL.—As a participant in a testing program
established under subsection (a), an owner or operator shall
submit to the Secretary detailed findings and a summary of
data collected as a result of participation in the testing program.

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Requirement.

PUBL260A

134 STAT. 2218
Web posting.

Determination.

Time period.

Federal Register,
publication.
Time period.

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Deadline.

Federal Register,
publication.

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PUBLIC LAW 116–260—DEC. 27, 2020

‘‘(2) PUBLIC REPORT.—The Secretary shall make publicly
available on the website of the Department of Transportation
an annual report for any ongoing testing program established
under subsection (a) summarizing the progress of the program.
‘‘(g) AUTHORITY TO REVOKE PARTICIPATION.—The Secretary
shall immediately revoke participation in a testing program under
subsection (a) if—
‘‘(1)(A) the participant has an accident or incident involving
death or personal injury necessitating in-patient hospitalization; and
‘‘(B) the testing program is determined to be the cause
of, or a contributing factor to, that accident or incident;
‘‘(2) the participant fails to comply with the terms and
conditions of the testing program; or
‘‘(3) in the determination of the Secretary, continued
participation in the testing program by the participant would
be unsafe or would not be consistent with the goals and objectives of this chapter.
‘‘(h) AUTHORITY TO TERMINATE PROGRAM.—The Secretary shall
immediately terminate a testing program under subsection (a) if
continuation of the testing program would not be consistent with
the goals and objectives of this chapter.
‘‘(i) STATE RIGHTS.—
‘‘(1) EXEMPTION.—Except as provided in paragraph (2), if
a State submits to the Secretary notice that the State requests
an exemption from any testing program considered for
establishment under this section, the State shall be exempt.
‘‘(2) LIMITATIONS.—
‘‘(A) IN GENERAL.—The Secretary shall not grant a
requested exemption under paragraph (1) after a testing
program is established.
‘‘(B) LATE NOTICE.—The Secretary shall not grant a
requested exemption under paragraph (1) if the notice submitted under that paragraph is submitted to the Secretary
more than 30 days after the date on which the Secretary
issues an order providing an effective date for the testing
program in accordance with subsection (j).
‘‘(3) EFFECT.—If a State has not submitted a notice
requesting an exemption under paragraph (1), the State shall
not enforce any law (including regulations) that is inconsistent
with a testing program in effect in the State under this section.
‘‘(j) PROGRAM REVIEW PROCESS AND PUBLIC NOTICE.—
‘‘(1) IN GENERAL.—The Secretary shall publish in the Federal Register and send directly to each relevant State and
each appropriate State authority with a certification in effect
under section 60105 a notice of each proposed testing program
under subsection (a), including the order to be considered,
and provide an opportunity for public comment for not less
than 90 days.
‘‘(2) RESPONSE FROM SECRETARY.—Not later than the date
on which the Secretary issues an order providing an effective
date of a testing program noticed under paragraph (1), the
Secretary shall—
‘‘(A) publish the order in the Federal Register; and
‘‘(B) respond to each comment submitted under paragraph (1).

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2219

‘‘(k) REPORT TO CONGRESS.—At the conclusion of each testing
program, the Secretary shall make publicly available on the website
of the Department of Transportation a report containing—
‘‘(1) the findings and conclusions of the Secretary with
respect to the testing program; and
‘‘(2) any recommendations of the Secretary with respect
to the testing program, including any recommendations for
amendments to laws (including regulations) and the establishment of standards, that—
‘‘(A) would enhance the safe operation of interstate
gas or hazardous liquid pipeline facilities; and
‘‘(B) are technically, operationally, and economically
feasible.
‘‘(l) STANDARDS.—If a report under subsection (k) indicates that
it is practicable to establish technically, operationally, and economically feasible standards for the use of a safety-enhancing technology
and any corresponding operational practices tested by the testing
program described in the report, the Secretary, as soon as practicable after submission of the report, may promulgate regulations
consistent with chapter 5 of title 5 (commonly known as the
‘Administrative Procedure Act’) that—
‘‘(1) allow operators of interstate gas or hazardous liquid
pipeline facilities to use the relevant technology or practice
to the extent practicable; and
‘‘(2) establish technically, operationally, and economically
feasible standards for the capability and deployment of the
technology or practice.’’.
(b) CLERICAL AMENDMENT.—The table of sections for chapter
601 of title 49, United States Code, is amended by inserting after
the item relating to section 60141 the following:

Public
information.
Web posting.

Recommendations.

Regulations.

49 USC 60101
prec.

‘‘60142. Pipeline safety enhancement programs.’’.

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SEC. 105. PIPELINE SAFETY TESTING ENHANCEMENT STUDY.

Reports.

Not later than 2 years after the date of enactment of this
Act, the Secretary shall submit to the Committees on Commerce,
Science, and Transportation and Appropriations of the Senate and
the Committees on Transportation and Infrastructure, Energy and
Commerce, and Appropriations of the House of Representatives
a report relating to—
(1) the research and development capabilities of the
Administration, in accordance with section 12 of the Pipeline
Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public
Law 107–355);
(2)(A) the development of additional testing and research
capabilities through the establishment of an independent pipeline safety testing facility under the Department of Transportation;
(B) whether an independent pipeline safety testing facility
would be critical to the work of the Administration;
(C) the costs and benefits of developing an independent
pipeline safety testing facility under the Department of
Transportation; and
(D) the costs and benefits of colocating an independent
pipeline safety testing facility at an existing training center
of the Administration; and

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134 STAT. 2220

PUBLIC LAW 116–260—DEC. 27, 2020
(3) the ability of the Administration to use the testing
facilities of the Department of Transportation, other Federal
agencies, or federally funded research and development centers.

SEC. 106. REGULATORY UPDATES.

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Deadline.
Federal Register,
publication.
Public
information.
Web posting.

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(a) DEFINITION OF OUTSTANDING MANDATE.—In this section,
the term ‘‘outstanding mandate’’ means—
(1) a final rule required to be issued under the Pipeline
Safety, Regulatory Certainty, and Job Creation Act of 2011
(Public Law 112–90; 125 Stat. 1904) that has not been published in the Federal Register;
(2) a final rule required to be issued under the PIPES
Act of 2016 (Public Law 114–183; 130 Stat. 514) that has
not been published in the Federal Register; and
(3) any other final rule regarding gas or hazardous liquid
pipeline facilities required to be issued under this Act or an
Act enacted prior to the date of enactment of this Act that
has not been published in the Federal Register.
(b) REQUIREMENTS.—
(1) PERIODIC UPDATES.—Not later than 30 days after the
date of enactment of this Act, and every 30 days thereafter
until a final rule referred to in paragraphs (1) through (3)
of subsection (a) is published in the Federal Register, the Secretary shall publish on a publicly available website of the
Department of Transportation an update regarding the status
of each outstanding mandate in accordance with subsection
(c).
(2) NOTIFICATION OF CONGRESS.—On publication of a final
rule in the Federal Register for an outstanding mandate, the
Secretary shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committees on
Transportation and Infrastructure and Energy and Commerce
of the House of Representatives a notification in accordance
with subsection (c).
(c) CONTENTS.—An update published or a notification submitted
under paragraph (1) or (2) of subsection (b) shall contain, as
applicable—
(1) with respect to information relating to the Administration—
(A) a description of the work plan for each outstanding
mandate;
(B) an updated rulemaking timeline for each outstanding mandate;
(C) the staff allocations with respect to each outstanding mandate;
(D) any resource constraints affecting the rulemaking
process for each outstanding mandate;
(E) any other details associated with the development
of each outstanding mandate that affect the progress of
the rulemaking process with respect to that outstanding
mandate; and
(F) a description of all rulemakings regarding gas or
hazardous liquid pipeline facilities published in the Federal
Register that are not identified under subsection (b)(2);
and
(2) with respect to information relating to the Office of
the Secretary—

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2221

(A) the date that the outstanding mandate was submitted to the Office of the Secretary for review;
(B) the reason that the outstanding mandate is under
review beyond 45 days;
(C) the staff allocations within the Office of the Secretary with respect to each the outstanding mandate;
(D) any resource constraints affecting review of the
outstanding mandate;
(E) an estimated timeline of when review of the outstanding mandate will be complete, as of the date of the
update;
(F) if applicable, the date that the outstanding mandate
was returned to the Administration for revision and the
anticipated date for resubmission to the Office of the Secretary;
(G) the date that the outstanding mandate was submitted to the Office of Management and Budget for review;
and
(H) a statement of whether the outstanding mandate
remains under review by the Office of Management and
Budget.

Time period.

Timeline.

Statement.

SEC. 107. SELF-DISCLOSURE OF VIOLATIONS.

Section 60122(b)(1) of title 49, United States Code, is
amended—
(1) in subparagraph (B), by striking ‘‘and’’ at the end;
and
(2) by adding at the end the following:
‘‘(D) self-disclosure and correction of violations, or
actions to correct a violation, prior to discovery by the
Pipeline and Hazardous Materials Safety Administration;
and’’.

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SEC. 108. DUE PROCESS PROTECTIONS IN ENFORCEMENT PROCEEDINGS.

(a) IN GENERAL.—Section 60117 of title 49, United States Code,
is amended—
(1) by redesignating subsections (b) through (o) as subsections (c) through (p), respectively; and
(2) by inserting after subsection (a) the following:
‘‘(b) ENFORCEMENT PROCEDURES.—
‘‘(1) PROCESS.—In implementing enforcement procedures
under this chapter and part 190 of title 49, Code of Federal
Regulations (or successor regulations), the Secretary shall—
‘‘(A) allow the respondent to request the use of a consent agreement and consent order to resolve any matter
of fact or law asserted;
‘‘(B) allow the respondent and the agency to convene
1 or more meetings—
‘‘(i) for settlement or simplification of the issues;
or
‘‘(ii) to aid in the disposition of issues;
‘‘(C) require that the case file in an enforcement proceeding include all agency records pertinent to the matters
of fact and law asserted;
‘‘(D) allow the respondent to reply to each post-hearing
submission of the agency;

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Requirements.

PUBL260A

134 STAT. 2222

Recommendation.
Deadline.
Deadline.

Web posting.

Review.
Public
information.
Web posting.
Recommendations.

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Assessments.

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PUBLIC LAW 116–260—DEC. 27, 2020
‘‘(E) allow the respondent to request that a hearing
be held, and an order be issued, on an expedited basis;
‘‘(F) require that the agency have the burden of proof,
presentation, and persuasion in any enforcement matter;
‘‘(G) require that any order contain findings of relevant
fact and conclusions of law;
‘‘(H) require the Office of Pipeline Safety to file a
post-hearing recommendation not later than 30 days after
the deadline for any post-hearing submission of a
respondent;
‘‘(I) require an order on a petition for reconsideration
to be issued not later than 120 days after the date on
which the petition is filed; and
‘‘(J) allow an operator to request that an issue of controversy or uncertainty be addressed through a declaratory
order in accordance with section 554(e) of title 5.
‘‘(2) OPEN TO THE PUBLIC.—A hearing under this section
shall be—
‘‘(A) noticed to the public on the website of the Pipeline
and Hazardous Materials Safety Administration; and
‘‘(B) in the case of a formal hearing (as defined in
section 190.3 of title 49, Code of Federal Regulations (or
a successor regulation)), open to the public.
‘‘(3) TRANSPARENCY.—
‘‘(A) AGREEMENTS, ORDERS, AND JUDGMENTS OPEN TO
THE PUBLIC.—With respect to each enforcement proceeding
under this chapter, the Administrator of the Pipeline and
Hazardous Materials Safety Administration shall make
publicly available on the website of the Administration—
‘‘(i) the charging documents;
‘‘(ii) the written response of the respondent, if filed;
and
‘‘(iii) any consent agreement, consent order, order,
or judgment resulting from a hearing under this
chapter.
‘‘(B) GAO REPORT ON PIPELINE SAFETY PROGRAM COLLECTION AND TRANSPARENCY OF ENFORCEMENT PROCEEDINGS.—
‘‘(i) IN GENERAL.—Not later than 2 years after
the date of enactment of the PIPES Act of 2020, the
Comptroller General of the United States shall—
‘‘(I) review information on pipeline enforcement actions that the Pipeline and Hazardous
Materials Safety Administration makes publicly
available on the internet; and
‘‘(II) submit to the Committee on Commerce,
Science, and Transportation of the Senate and the
Committees on Transportation and Infrastructure
and Energy and Commerce of the House of Representatives a report on that review, including any
recommendations under clause (iii).
‘‘(ii) CONTENTS.—The report under clause (i)(II)
shall include—
‘‘(I) a description of the process that the Pipeline and Hazardous Materials Safety Administration uses to collect and record enforcement
information;

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2223

‘‘(II) an assessment of whether and, if so, how
the Pipeline and Hazardous Materials Safety
Administration ensures that enforcement information is made available to the public in an accessible
manner; and
‘‘(III) an assessment of the information
described in clause (i)(I).
‘‘(iii) RECOMMENDATIONS.—The report under clause
(i)(II) may include recommendations regarding—
‘‘(I) any improvements that could be made to
the accessibility of the information described in
clause (i)(I);
‘‘(II) whether and, if so, how the information
described in clause (i)(I) could be made more transparent; and
‘‘(III) any other recommendations that the
Comptroller General of the United States considers
appropriate.
‘‘(4) SAVINGS CLAUSE.—Nothing in this subsection alters
the procedures applicable to—
‘‘(A) an emergency order under subsection (p);
‘‘(B) a safety order under subsection (m); or
‘‘(C) a corrective action order under section 60112.’’.
(b) CONFORMING AMENDMENTS.—
(1) Section 60109(g)(4) of title 49, United States Code,
is amended by striking ‘‘section 60117(c)’’ and inserting ‘‘section
60117(d)’’.
(2) Section 60117(p) of title 49, United States Code (as
redesignated by subsection (a)(1)), is amended, in paragraph
(3)(E), by striking ‘‘60117(l)’’ and inserting ‘‘subsection (m)’’.
(3) Section 60118(a)(3) of title 49, United States Code,
is amended by striking ‘‘section 60117(a)–(d)’’ and inserting
‘‘subsections (a) through (e) of section 60117’’.
SEC. 109. PIPELINE OPERATING STATUS.

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(a) IN GENERAL.—Chapter 601 of title 49, United States Code
(as amended by section 104(a)), is amended by adding at the end
the following:
‘‘§ 60143. Idled pipelines
‘‘(a) DEFINITION OF IDLED.—In this section, the term ‘idled’,
with respect to a pipeline, means that the pipeline—
‘‘(1)(A) has ceased normal operations; and
‘‘(B) will not resume service for a period of not less than
180 days;
‘‘(2) has been isolated from all sources of hazardous liquid,
natural gas, or other gas; and
‘‘(3)(A) has been purged of combustibles and hazardous
materials and maintains a blanket of inert, nonflammable gas
at low pressure; or
‘‘(B) has not been purged as described in subparagraph
(A), but the volume of gas is so small that there is no potential
hazard, as determined by the Secretary pursuant to a rule.
‘‘(b) RULEMAKING.—
‘‘(1) IN GENERAL.—Not later than 2 years after the date
of enactment of the PIPES Act of 2020, the Secretary shall

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49 USC 60143.

Deadline.

PUBL260A

134 STAT. 2224

Verification.

49 USC 60101
prec.

PUBLIC LAW 116–260—DEC. 27, 2020

promulgate regulations prescribing the applicability of the pipeline safety requirements to idled natural or other gas transmission and hazardous liquid pipelines.
‘‘(2) REQUIREMENTS.—
‘‘(A) IN GENERAL.—The applicability of the regulations
under paragraph (1) shall be based on the risk that idled
natural or other gas transmission and hazardous liquid
pipelines pose to the public, property, and the environment,
and shall include requirements to resume operation.
‘‘(B) INSPECTION.—The Secretary or an appropriate
State agency shall inspect each idled pipeline and verify
that the pipeline has been purged of combustibles and
hazardous materials, if required under subsection (a).
‘‘(C) REQUIREMENTS FOR REINSPECTION.—The Secretary
shall determine the requirements for periodic reinspection
of idled natural or other gas transmission and hazardous
liquid pipelines.
‘‘(D) RESUMPTION OF OPERATIONS.—As a condition to
allowing an idled pipeline to resume operations, the Secretary shall require that, prior to resuming operations,
the pipeline shall be—
‘‘(i) inspected with—
‘‘(I) hydrostatic pressure testing;
‘‘(II) an internal inspection device; or
‘‘(III) if the use of hydrostatic pressure testing
or an internal inspection device is not technologically feasible, another comparable technology
or practice; and
‘‘(ii) in compliance with regulations promulgated
under this chapter, including any regulations that
became effective while the pipeline was idled.’’.
(b) CLERICAL AMENDMENT.—The table of sections for chapter
601 of title 49, United States Code (as amended by section 104(b)),
is amended by inserting after the item relating to section 60142
the following:
‘‘60143. Idled pipelines.’’.

49 USC 60103
note.

SEC. 110. UPDATES TO STANDARDS FOR LIQUEFIED NATURAL GAS
FACILITIES.

Deadline.

(a) IN GENERAL.—Not later than 3 years after the date of
enactment of this Act, the Secretary shall—
(1) review the minimum operating and maintenance standards prescribed under section 60103(d) of title 49, United States
Code; and
(2) based on the review under paragraph (1), update the
standards described in that paragraph applicable to large-scale
liquefied natural gas facilities (other than peak shaving facilities) to provide for a risk-based regulatory approach for such
facilities, consistent with this section.
(b) SCOPE.—In updating the minimum operating and maintenance standards under subsection (a)(2), the Secretary shall ensure
that all regulations, guidance, and internal documents—
(1) are developed and applied in a manner consistent with
this section; and

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Review.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2225

(2) achieve a level of safety that is equivalent to, or greater
than, the level of safety required by the standards prescribed
as of the date of enactment of this Act under—
(A) section 60103(d) of title 49, United States Code;
and
(B) part 193 of title 49, Code of Federal Regulations
(as in effect on the date of enactment of this Act).
(c) REQUIREMENTS.—The updates to the operating and maintenance standards required under subsection (a)(2) shall, at a minimum, require operators—
(1) to develop and maintain written safety information
identifying hazards associated with—
(A) the processes of liquefied natural gas conversion,
storage, and transport;
(B) equipment used in the processes; and
(C) technology used in the processes;
(2) to conduct a hazard assessment, including the identification of potential sources of accidental releases;
(3)(A) to consult with employees and representatives of
employees on the development and execution of hazard assessments under paragraph (2); and
(B) to provide employees access to the records of the hazard
assessments and any other records required under the updated
standards;
(4) to establish a system to respond to the findings of
a hazard assessment conducted under paragraph (2) that
addresses prevention, mitigation, and emergency responses;
(5) to review, when a design change occurs, the most recent
hazard assessment conducted under paragraph (2) and the
response system established under paragraph (4);
(6) to develop and implement written operating procedures
for the processes of liquefied natural gas conversion, storage,
and transport;
(7)(A) to provide written safety and operating information
to employees; and
(B) to train employees in operating procedures with an
emphasis on addressing hazards and using safe practices;
(8) to ensure contractors and contract employees are provided appropriate information and training;
(9) to train and educate employees and contractors in emergency response;
(10) to establish a quality assurance program to ensure
that equipment, maintenance materials, and spare parts
relating to the operations and maintenance of liquefied natural
gas facilities are fabricated and installed consistent with design
specifications;
(11) to establish maintenance systems for critical processrelated equipment, including written procedures, employee
training, appropriate inspections, and testing of that equipment
to ensure ongoing mechanical integrity;
(12) to conduct pre-start-up safety reviews of all newly
installed or modified equipment;
(13) to establish and implement written procedures to manage change to processes of liquefied natural gas conversion,
storage, and transport, technology, equipment, and facilities;
and

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Assessment.
Consultation.

Review.

Procedures.

Reviews.
Procedures.

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134 STAT. 2226
Investigation.

Review.

Implementation
plan.

Regulations.

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49 USC 60103
note.

PUBLIC LAW 116–260—DEC. 27, 2020

(14)(A) to investigate each incident that results in, or could
have resulted in—
(i) loss of life;
(ii) destruction of private property; or
(iii) a major accident; and
(B) to have operating personnel—
(i) review any findings of an investigation under
subparagraph (A); and
(ii) if appropriate, take responsive measures.
(d) SUBMISSION AND APPROVAL.—
(1) IN GENERAL.—The Secretary shall require that operators
that are subject to the regulations under subsection (a)(2)
submit to the Secretary for approval a plan for the implementation of the requirements described in subsection (c).
(2) REQUIREMENT.—The implementation plan described in
paragraph (1) shall include—
(A) an anticipated schedule for the implementation
of the requirements described in subsection (c); and
(B) an overview of the process for implementation.
(e) INSPECTION AND COMPLIANCE ASSURANCE.—
(1) DETERMINATION OF INADEQUATE PROGRAMS.—If the Secretary determines during an inspection carried out under
chapter 601 of title 49, United States Code, that an operator’s
implementation of the requirements described in subsection
(c) does not comply with the requirements of that chapter
(including any regulations promulgated under that chapter),
has not been adequately implemented, is inadequate for the
safe operation of a large-scale liquefied natural gas facility,
or is otherwise inadequate, the Secretary may conduct enforcement proceedings under that chapter.
(2) SAVINGS CLAUSE.—Nothing in this section shall affect
the authority of the Secretary to carry out inspections or conduct enforcement proceedings under chapter 601 of title 49,
United States Code.
(f) EMERGENCIES AND COMPLIANCE.—Nothing in this section
may be construed to diminish or modify—
(1) the authority of the Secretary under this title to act
in the case of an emergency; or
(2) the authority of the Secretary under sections 60118
through 60123 of title 49, United States Code.
(g) CIVIL PENALTIES.—A person violating the standards prescribed under this section, including any revisions to the minimum
operating and maintenance standards prescribed under 60103 of
title 49, United States Code, shall be liable for a civil penalty
that may not exceed $200,000 for each violation pursuant to section
60122(a)(1) of that title.
SEC. 111. NATIONAL CENTER OF EXCELLENCE FOR LIQUEFIED NATURAL GAS SAFETY.

(a) DEFINITIONS.—In this section:
(1) CENTER.—The term ‘‘Center’’ means the National Center
of Excellence for Liquefied Natural Gas Safety that may be
established under subsection (b).
(2) LNG.—The term ‘‘LNG’’ means liquefied natural gas.
(3) LNG SECTOR STAKEHOLDER.—The term ‘‘LNG sector
stakeholder’’ means a representative of—

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134 STAT. 2227

(A) LNG facilities that represent the broad array of
LNG facilities operating in the United States;
(B) States, Indian Tribes, and units of local government;
(C) postsecondary education;
(D) labor organizations;
(E) safety organizations; or
(F) Federal regulatory agencies of jurisdiction, which
may include—
(i) the Administration;
(ii) the Federal Energy Regulatory Commission;
(iii) the Department of Energy;
(iv) the Occupational Safety and Health Administration;
(v) the Coast Guard; and
(vi) the Maritime Administration.
(b) ESTABLISHMENT.—Only after submitting the report under
subsection (c) to the committees of Congress described in that
subsection, and subject to the availability of funds appropriated
by Congress for the applicable purpose, the Secretary, in consultation with LNG sector stakeholders, may establish a center, to be
known as the ‘‘National Center of Excellence for Liquefied Natural
Gas Safety’’.
(c) REPORT.—
(1) IN GENERAL.—Not later than 18 months after the date
of enactment of this Act, the Secretary shall submit to the
Committees on Commerce, Science, and Transportation and
Appropriations of the Senate and the Committees on Transportation and Infrastructure, Energy and Commerce, and Appropriations of the House of Representatives a report on—
(A) the resources necessary to establish the Center;
and
(B) the manner in which the Center will carry out
the functions described in subsection (d).
(2) REQUIREMENT.—The report under paragraph (1) shall
include an estimate of all potential costs and appropriations
necessary to carry out the functions described in subsection
(d).
(d) FUNCTIONS.—The Center shall, for activities regulated under
section 60103 of title 49, United States Code, enhance the United
States as the leader and foremost expert in LNG operations by—
(1) furthering the expertise of the Federal Government
in the operations, management, and regulatory practices of
LNG facilities through—
(A) the use of performance-based principles;
(B) experience and familiarity with LNG operational
facilities; and
(C) increased communication with LNG experts to
learn and support state-of-the-art operational practices;
(2) acting as a repository of information on best practices
for the operation of LNG facilities; and
(3) facilitating collaboration among LNG sector stakeholders.
(e) LOCATION.—
(1) IN GENERAL.—The Center shall be located in close proximity to critical LNG transportation infrastructure on, and

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Consultation.

Cost estimate.

Determination.

PUBL260A

134 STAT. 2228

Determination.

Oklahoma.

Contracts.

PUBLIC LAW 116–260—DEC. 27, 2020

connecting to, the Gulf of Mexico, as determined by the Secretary.
(2) CONSIDERATIONS.—In determining the location of the
Center, the Secretary shall—
(A) take into account the strategic value of locating
resources in close proximity to LNG facilities; and
(B) locate the Center in the State with the largest
LNG production capacity, as determined by the total
capacity (in billion cubic feet per day) of LNG production
authorized by the Federal Energy Regulatory Commission
under section 3 of the Natural Gas Act (15 U.S.C. 717b)
as of the date of enactment of this Act.
(f) COORDINATION WITH TQ TRAINING CENTER.—In carrying
out the functions described in subsection (d), the Center shall
coordinate with the Training and Qualifications Training Center
of the Administration in Oklahoma City, Oklahoma, to facilitate
knowledge sharing among, and enhanced training opportunities
for, Federal and State pipeline safety inspectors and investigators.
(g) JOINT OPERATION WITH EDUCATIONAL INSTITUTION.—The
Secretary may enter into an agreement with an appropriate official
of an institution of higher education—
(1) to provide for joint operation of the Center; and
(2) to provide necessary administrative services for the
Center.
SEC. 112. PRIORITIZATION OF RULEMAKING.

Deadline.

Deadline.
Review.

Assessment.

Recommendations.

(a) RULEMAKING.—Not later than 90 days after the date of
enactment of this Act, the Secretary shall issue a final rule with
respect to the portion of the proposed rule issued on April 8,
2016, entitled ‘‘Pipeline Safety: Safety of Gas Transmission and
Gathering Pipelines’’ (81 Fed. Reg. 20722; Docket No. PHMSA–
2011–0023) that relates to the consideration of gathering pipelines.
(b) STUDY.—Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States shall—
(1) review the extent to which geospatial and technical
data is collected by operators of gathering lines, including
design and material specifications;
(2) analyze information collected by operators of gathering
lines when the mapping information described in paragraph
(1) is not available for a gathering line; and
(3) assess any plans and timelines of operators of gathering
lines to develop the mapping information described in paragraph (1) or otherwise collect information described in paragraph (2).
(c) REPORT.—The Comptroller General of the United States
shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committees on Transportation and
Infrastructure and Energy and Commerce of the House of Representatives a report on the review required under subsection (b),
including any recommendations that the Comptroller General of
the United States may have as a result of the review.

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SEC. 113. LEAK DETECTION AND REPAIR.

Deadline.
Regulations.

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Section 60102 of title 49, United States Code, is amended
by adding at the end the following:
‘‘(q) GAS PIPELINE LEAK DETECTION AND REPAIR.—
‘‘(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this subsection, the Secretary shall promulgate

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2229

final regulations that require operators of regulated gathering
lines (as defined pursuant to subsection (b) of section 60101
for purposes of subsection (a)(21) of that section) in a Class
2 location, Class 3 location, or Class 4 location, as determined
under section 192.5 of title 49, Code of Federal Regulations,
operators of new and existing gas transmission pipeline facilities, and operators of new and existing gas distribution pipeline
facilities to conduct leak detection and repair programs—
‘‘(A) to meet the need for gas pipeline safety, as determined by the Secretary; and
‘‘(B) to protect the environment.
‘‘(2) LEAK DETECTION AND REPAIR PROGRAMS.—
‘‘(A) MINIMUM PERFORMANCE STANDARDS.—The final
regulations promulgated under paragraph (1) shall include,
for the leak detection and repair programs described in
that paragraph, minimum performance standards that
reflect the capabilities of commercially available advanced
technologies that, with respect to each pipeline covered
by the programs, are appropriate for—
‘‘(i) the type of pipeline;
‘‘(ii) the location of the pipeline;
‘‘(iii) the material of which the pipeline is constructed; and
‘‘(iv) the materials transported by the pipeline.
‘‘(B) REQUIREMENT.—The leak detection and repair programs described in paragraph (1) shall be able to identify,
locate, and categorize all leaks that—
‘‘(i) are hazardous to human safety or the environment; or
‘‘(ii) have the potential to become explosive or
otherwise hazardous to human safety.
‘‘(3) ADVANCED LEAK DETECTION TECHNOLOGIES AND PRACTICES.—
‘‘(A) IN GENERAL.—The final regulations promulgated
under paragraph (1) shall—
‘‘(i) require the use of advanced leak detection
technologies and practices described in subparagraph
(B);
‘‘(ii) identify any scenarios where operators may
use leak detection practices that depend on human
senses; and
‘‘(iii) include a schedule for repairing or replacing
each leaking pipe, except a pipe with a leak so small
that it poses no potential hazard, with appropriate
deadlines.
‘‘(B) ADVANCED LEAK DETECTION TECHNOLOGIES AND
PRACTICES DESCRIBED.—The advanced leak detection technologies and practices referred to in subparagraph (A)(i)
include—
‘‘(i) for new and existing gas distribution pipeline
facilities, technologies and practices to detect pipeline
leaks—
‘‘(I) through continuous monitoring on or along
the pipeline; or

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Determination.

Requirement.

Surveys.

PUBL260A

134 STAT. 2230

PUBLIC LAW 116–260—DEC. 27, 2020
‘‘(II) through periodic surveys with handheld
equipment, equipment mounted on mobile platforms, or other means using commercially available technology;
‘‘(ii) for new and existing gas transmission pipeline
facilities, technologies and practices to detect pipeline
leaks through—
‘‘(I) equipment that is capable of continuous
monitoring; or
‘‘(II) periodic surveys with handheld equipment, equipment mounted on mobile platforms,
or other means using commercially available technology; and
‘‘(iii) for regulated gathering lines in Class 2 locations, Class 3 locations, or Class 4 locations, technologies and practices to detect pipeline leaks
through—
‘‘(I) equipment that is capable of continuous
monitoring; or
‘‘(II) periodic surveys with handheld equipment, equipment mounted on mobile platforms,
or other means using commercially available technology.
‘‘(4) RULES OF CONSTRUCTION.—
‘‘(A) SURVEYS AND TIMELINES.—In promulgating regulations under this subsection, the Secretary—
‘‘(i) may not reduce the frequency of surveys
required under any other provision of this chapter
or stipulated by regulation as of the date of enactment
of this subsection; and
‘‘(ii) may not extend the duration of any timelines
for the repair or remediation of leaks that are stipulated by regulation as of the date of enactment of
this subsection.
‘‘(B) APPLICATION.—The limitations in this paragraph
do not restrict the Secretary’s ability to modify any regulations through proceedings separate from or subsequent to
the final regulations required under paragraph (1).
‘‘(C) EXISTING AUTHORITY.—Nothing in this subsection
may be construed to alter the authority of the Secretary
to regulate gathering lines as defined pursuant to section
60101.’’.

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SEC. 114. INSPECTION AND MAINTENANCE PLANS.

(a) IN GENERAL.—Section 60108 of title 49, United States Code,
is amended—
(1) in subsection (a)—
(A) in paragraph (2)—
(i) in the matter preceding subparagraph (A), by
inserting ‘‘, must meet the requirements of any regulations promulgated under section 60102(q),’’ after ‘‘the
need for pipeline safety’’;
(ii) in subparagraph (C), by striking ‘‘and’’ at the
end; and
(iii) by striking subparagraph (D) and inserting
the following:
‘‘(D) the extent to which the plan will contribute to—

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134 STAT. 2231

‘‘(i) public safety;
‘‘(ii) eliminating hazardous leaks and minimizing
releases of natural gas from pipeline facilities; and
‘‘(iii) the protection of the environment; and
‘‘(E) the extent to which the plan addresses the replacement or remediation of pipelines that are known to leak
based on the material (including cast iron, unprotected
steel, wrought iron, and historic plastics with known
issues), design, or past operating and maintenance history
of the pipeline.’’; and
(B) by striking paragraph (3) and inserting the following:
‘‘(3) REVIEW OF PLANS.—
‘‘(A) IN GENERAL.—Not later than 2 years after the
date of enactment of this subparagraph, and not less frequently than once every 5 years thereafter, the Secretary
or relevant State authority with a certification in effect
under section 60105 shall review each plan described in
this subsection.
‘‘(B) CONTEXT OF REVIEW.—The Secretary may conduct
a review under this paragraph as an element of the inspection of the operator carried out by the Secretary under
subsection (b).
‘‘(C) INADEQUATE PROGRAMS.—If the Secretary determines that a plan reviewed under this paragraph does
not comply with the requirements of this chapter (including
any regulations promulgated under this chapter), has not
been adequately implemented, is inadequate for the safe
operation of a pipeline facility, or is otherwise inadequate,
the Secretary may conduct enforcement proceedings under
this chapter.’’; and
(2) in subsection (b)(1)(B), by inserting ‘‘construction material,’’ after ‘‘method of construction,’’.
(b) DEADLINE.—Not later than 1 year after the date of enactment of this Act, each pipeline operator shall update the inspection
and maintenance plan prepared by the operator under section
60108(a) of title 49, United States Code, to address the elements
described in the amendments to that section made by subsection
(a).
(c) INSPECTION AND MAINTENANCE PLAN OVERSIGHT.—
(1) STUDY.—The Comptroller General of the United States
shall conduct a study to evaluate the procedures used by the
Secretary and States in reviewing plans prepared by pipeline
operators under section 60108(a) of title 49, United States
Code, pursuant to subsection (b) in minimizing releases of
natural gas from pipeline facilities.
(2) REPORT OF THE COMPTROLLER GENERAL OF THE UNITED
STATES.—Not later than 1 year after the Secretary’s review
of the operator plans prepared under section 60108(a) of title
49, United States Code, the Comptroller General of the United
States shall submit to the Secretary, the Committee on Commerce, Science, and Transportation of the Senate, and the
Committees on Transportation and Infrastructure and Energy
and Commerce of the House of Representatives a report that—
(A) describes the results of the study conducted under
paragraph (1), including an evaluation of the procedures

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Deadline.
Time period.

Determination.

Updates.
49 USC 60108
note.

Evaluation.

Evaluation.

PUBL260A

134 STAT. 2232

used by the Secretary and States in reviewing the effectiveness of the plans prepared by pipeline operators under
section 60108(a) of title 49, United States Code, pursuant
to subsection (b) in minimizing releases of natural gas
from pipeline facilities; and
(B) provides recommendations for how to further minimize releases of natural gas from pipeline facilities without
compromising pipeline safety based on observations and
information obtained through the study conducted under
paragraph (1).
(3) RESPONSE OF THE SECRETARY.—Not later than 90 days
after the date on which the report under paragraph (2) is
published, the Secretary shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committees on Transportation and Infrastructure and Energy
and Commerce of the House of Representatives a report that
includes a response to the results of the study conducted under
paragraph (1) and the recommendations contained in the report
submitted under paragraph (2).
(d) BEST AVAILABLE TECHNOLOGIES OR PRACTICES.—
(1) REPORT OF THE SECRETARY.—Not later than 18 months
after the date of enactment of this Act, the Secretary shall
submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committees on Transportation
and Infrastructure and Energy and Commerce of the House
of Representatives a report—
(A) discussing—
(i) the best available technologies or practices to
prevent or minimize, without compromising pipeline
safety, the release of natural gas when making planned
repairs, replacements, or maintenance to a pipeline
facility;
(ii) the best available technologies or practices to
prevent or minimize, without compromising pipeline
safety, the release of natural gas when the operator
intentionally vents or releases natural gas, including
blowdowns; and
(iii) pipeline facility designs that, without compromising pipeline safety, mitigate the need to intentionally vent natural gas; and
(B) recommending a timeline for updating pipeline
safety regulations, as the Secretary determines to be appropriate, to address the matters described in subparagraph
(A).
(2) RULEMAKING.—Not later than 180 days after the date
on which the Secretary submits the report under this subsection, the Secretary shall update pipeline safety regulations
that the Secretary has determined are necessary to protect
the environment without compromising pipeline safety.

Recommendations.

Publication.
Reports.

49 USC 60103
note.

Recommendation.
Timeline.
Determination.
Deadline.
Updates.

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49 USC 60109
note.
Deadline.

Review.

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PUBLIC LAW 116–260—DEC. 27, 2020

SEC. 115. CONSIDERATION OF PIPELINE CLASS LOCATION CHANGES.

(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Administrator of the Pipeline and Hazardous
Materials Safety Administration shall—
(1) review all comments submitted in response to the
advance notice of proposed rulemaking entitled ‘‘Pipeline

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2233

Safety: Class Location Change Requirements’’ (83 Fed. Reg.
36861 (July 31, 2018));
(2) complete any other activities or procedures necessary—
(A) to make a determination whether to publish a
notice of proposed rulemaking; and
(B) if a positive determination is made under subparagraph (A), to advance in the rulemaking process, including
by taking any actions required under section 60115 of
title 49, United State Code; and
(3) consider the issues raised in the report to Congress
entitled ‘‘Evaluation of Expanding Pipeline Integrity Management Beyond High-Consequence Areas and Whether Such
Expansion Would Mitigate the Need for Gas Pipeline Class
Location Requirements’’ prepared by the Pipeline and Hazardous Materials Safety Administration and submitted to Congress on June 8, 2016, including the adequacy of existing integrity management programs.
(b) RULE OF CONSTRUCTION.—Nothing in this section may be
construed to require the Administrator of the Pipeline and Hazardous Materials Safety Administration to publish a notice of proposed rulemaking or otherwise continue the rulemaking process
with respect to the advance notice of proposed rulemaking described
in subsection (a)(1).
(c) REPORTING.—For purposes of this section, the requirements
of section 106 shall apply during the period beginning on the
date that is 180 days after the date of enactment of this Act
and ending on the date on which the requirements of subsection
(a) are completed.

Determination.

Applicability.
Time period.

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SEC. 116. PROTECTION OF EMPLOYEES PROVIDING PIPELINE SAFETY
INFORMATION.

Section 60129 of title 49, United States Code, is amended—
(1) in subsection (a)(1), in the matter preceding subparagraph (A), by striking ‘‘employee with’’ and inserting ‘‘current
or former employee with’’;
(2) in subsection (b)(3), by adding at the end the following:
‘‘(D) DE NOVO REVIEW.—
‘‘(i) IN GENERAL.—With respect to a complaint
under paragraph (1), if the Secretary of Labor has
not issued a final decision by the date that is 210
days after the date on which the complaint was filed,
and if the delay is not due to the bad faith of the
employee who filed the complaint, that employee may
bring an original action at law or equity for de novo
review in the appropriate district court of the United
States, which shall have jurisdiction over such action
without regard to the amount in controversy, and
which action shall, at the request of either party to
the action, be tried by the court with a jury.
‘‘(ii) BURDENS OF PROOF.—An original action
described in clause (i) shall be governed by the same
legal burdens of proof specified in paragraph (2)(B)
for review by the Secretary of Labor.’’; and
(3) by adding at the end the following:
‘‘(e) NONENFORCEABILITY OF CERTAIN PROVISIONS WAIVING
RIGHTS AND REMEDIES OR REQUIRING ARBITRATION OF DISPUTES.—

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Deadline.

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PUBLIC LAW 116–260—DEC. 27, 2020
‘‘(1) WAIVER OF RIGHTS AND REMEDIES.—The rights and
remedies provided under this section may not be waived by
any agreement, policy, form, or condition of employment,
including by a predispute arbitration agreement.
‘‘(2) PREDISPUTE ARBITRATION AGREEMENTS.—No provision
of a predispute arbitration agreement shall be valid or enforceable if the provision requires arbitration of a dispute arising
under subsection (a)(1).’’.

49 USC 60102
note.
Deadline.
Audits.

SEC. 117. INTERSTATE DRUG AND ALCOHOL OVERSIGHT.

(a) IN GENERAL.—Not later than 18 months after the date
of enactment of this Act, the Secretary shall amend the auditing
program for the drug and alcohol regulations in part 199 of title
49, Code of Federal Regulations, to improve the efficiency and
processes of those regulations as applied to—
(1) operators; and
(2) pipeline contractors working for multiple operators in
multiple States.
(b) REQUIREMENT.—In carrying out subsection (a), the Secretary
shall minimize duplicative audits of the same operators, and the
contractors working for those operators, by the Administration and
multiple State agencies.
(c) RULE OF CONSTRUCTION.—Nothing in this section may be
construed to require modification of the inspection or enforcement
authority of any Federal agency or State.
SEC. 118. PURPOSE AND GENERAL AUTHORITY.

Section 60102(b)(5) of title 49, United States Code, is
amended—
(1) by striking ‘‘Chapter’’ and inserting ‘‘chapter’’; and
(2) by inserting ‘‘, including safety and environmental benefits,’’ after ‘‘benefits’’.
SEC. 119. NATIONAL ACADEMY OF SCIENCES STUDY ON AUTOMATIC
AND REMOTE-CONTROLLED SHUT-OFF VALVES ON
EXISTING PIPELINES.

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Contracts.

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(a) STUDY.—The Secretary shall enter into an arrangement
with the National Academy of Sciences under which the National
Academy of Sciences shall conduct a study of potential methodologies or standards for the installation of automatic or remote-controlled shut-off valves on an existing pipeline in—
(1) a high consequence area (as defined in section 192.903
of title 49, Code of Federal Regulations (or a successor regulation)) for a gas transmission pipeline facility; or
(2) for a hazardous liquid pipeline facility—
(A) a commercially navigable waterway (as defined
in section 195.450 of that title (or a successor regulation));
or
(B) an unusually sensitive area (as defined in section
195.6 of that title (or a successor regulation)).
(b) FACTORS FOR CONSIDERATION.—In conducting the study
under subsection (a), the National Academy of Sciences shall take
into consideration, as applicable—
(1) methodologies that conform to the recommendations
submitted by the National Transportation Safety Board to the
Pipeline and Hazardous Materials Safety Administration and
Congress regarding automatic and remote-controlled shut-off
valves;

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(2) to the extent practicable, compatibility with existing
regulations of the Administration, including any regulations
promulgated pursuant to docket number PHMSA–2013–0255,
relating to the installation of automatic and remote-controlled
shutoff valves;
(3) methodologies that maximize safety and environmental
benefits; and
(4) the economic, technical, and operational feasibility of
installing automatic or remote-controlled shut-off valves on
existing pipelines by employing such methodologies or standards.
(c) REPORT.—Not later than 2 years after the date of enactment
of this Act, the National Academy of Sciences shall submit to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committees on Transportation and Infrastructure
and Energy and Commerce of the House of Representatives a report
describing the results of the study under subsection (a).

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SEC. 120. UNUSUALLY SENSITIVE AREAS.

(a) CERTAIN COASTAL WATERS; COASTAL BEACHES.—Section
19(b) of the PIPES Act of 2016 (49 U.S.C. 60109 note; Public
Law 114–183) is amended—
(1) by striking ‘‘The Secretary’’ and inserting the following:
‘‘
‘‘(1) DEFINITIONS.—In this subsection:
‘‘(A) CERTAIN COASTAL WATERS.—The term ‘certain
coastal waters’ means—
‘‘(i) the territorial sea of the United States;
‘‘(ii) the Great Lakes and their connecting waters;
and
‘‘(iii) the marine and estuarine waters of the
United States up to the head of tidal influence.
‘‘(B) COASTAL BEACH.—The term ‘coastal beach’ means
any land between the high- and low-water marks of certain
coastal waters.
‘‘(2) REVISION.—The Secretary’’; and
(2) in paragraph (2) (as so designated), by striking ‘‘marine
coastal waters’’ and inserting ‘‘certain coastal waters’’.
(b) CERTAIN COASTAL WATERS.—Section 60109(b)(2) of title 49,
United States Code, is amended by striking ‘‘marine coastal waters’’
and inserting ‘‘certain coastal waters’’.
(c) UPDATE TO REGULATIONS.—The Secretary shall complete
the revision to regulations required under section 19(b) of the
PIPES Act of 2016 (49 U.S.C. 60109 note; Public Law 114–183)
(as amended by subsection (a)) by not later than 90 days after
the date of enactment of this Act.
(d) HAZARDOUS LIQUID PIPELINE FACILITIES LOCATED IN CERTAIN AREAS.—Section 60109(g) of title 49, United States Code,
is amended—
(1) in paragraph (1)(B), by inserting ‘‘, but not less often
than once every 12 months’’ before the period at the end;
and
(2) by adding at the end the following:
‘‘(5) CONSIDERATIONS.—In carrying out this subsection, each
operator shall implement procedures that assess potential
impacts by maritime equipment or other vessels, including
anchors, anchor chains, or any other attached equipment.’’.

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Deadline.
49 USC 60109
note.

Procedures.
Assessment.

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PUBLIC LAW 116–260—DEC. 27, 2020

SEC. 121. SAFETY-RELATED CONDITION REPORTS.

Section 60102(h) of title 49, United States Code, is amended
by striking paragraph (2) and inserting the following:
‘‘(2) SUBMISSION OF REPORT.—As soon as practicable, but
not later than 5 business days, after a representative of a
person to whom this section applies first establishes that a
condition described in paragraph (1) exists, the operator shall
submit the report required under that paragraph to—
‘‘(A) the Secretary;
‘‘(B) the appropriate State authority or, where no
appropriate State authority exists, to the Governor of a
State where the subject of the Safety Related Condition
report occurred; and
‘‘(C) the appropriate Tribe where the subject of the
Safety Related Condition report occurred.
‘‘(3) SUBMISSION OF REPORT TO OTHER ENTITIES.—Upon
request, a State authority or a Governor that receives a report
submitted under this subsection may submit the report to any
relevant emergency response or planning entity, including
any—
‘‘(A) State emergency response commission established
pursuant to section 301 of the Emergency Planning and
Community Right-To-Know Act of 1986 (42 U.S.C. 11001);
‘‘(B) Tribal emergency response commission or emergency planning committee (as defined in part 355 of title
40, Code of Federal Regulations (or a successor regulation));
‘‘(C) local emergency planning committee established
pursuant to section 301 of the Emergency Planning and
Community Right-To-Know Act of 1986 (42 U.S.C. 11001);
or
‘‘(D) other public agency responsible for emergency
response.’’.
SEC. 122. RISK ANALYSIS AND INTEGRITY MANAGEMENT PROGRAMS.

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Assessment.

Recommendations.
49 USC 60101
note.

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Section 60109(c) of title 49, United States Code, is amended
by adding at the end the following:
‘‘(12) DISTRIBUTION PIPELINES.—
‘‘(A) STUDY.—The Secretary shall conduct a study of
methods that may be used under paragraph (3), other
than direct assessment, to assess distribution pipelines
to determine whether any such method—
‘‘(i) would provide a greater level of safety than
direct assessment of the pipelines; and
‘‘(ii) is feasible.
‘‘(B) REPORT.—Not later than 2 years after the date
of enactment of this paragraph, the Secretary shall submit
to the Committee on Commerce, Science, and Transportation of the Senate and the Committees on Energy and
Commerce and Transportation and Infrastructure of the
House of Representatives a report describing—
‘‘(i) the results of the study under subparagraph
(A); and
‘‘(ii) recommendations based on that study, if any.’’.
SEC. 123. RULE OF CONSTRUCTION.

Nothing in this title or an amendment made by this title
may be construed to affect the authority of the Administrator of

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134 STAT. 2237

the Environmental Protection Agency under the Clean Air Act
(42 U.S.C. 7401 et seq.), the authority of the Secretary of the
Interior under the Mineral Leasing Act (30 U.S.C. 181 et seq.),
or the authority of any State, to regulate a release of pollutants
or hazardous substances to air, water, or land, including through
the establishment and enforcement of requirements relating to such
release.

TITLE II—LEONEL RONDON PIPELINE
SAFETY ACT
SEC. 201. SHORT TITLE.

This title may be cited as the ‘‘Leonel Rondon Pipeline Safety
Act’’.

Leonel Rondon
Pipeline Safety
Act.
49 USC 60101
note.

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SEC. 202. DISTRIBUTION INTEGRITY MANAGEMENT PLANS.

(a) IN GENERAL.—Section 60109(e) of title 49, United States
Code, is amended by adding at the end the following:
‘‘(7) EVALUATION OF RISK.—
‘‘(A) IN GENERAL.—Not later than 2 years after the
date of enactment of this paragraph, the Secretary shall
promulgate regulations to ensure that each distribution
integrity management plan developed by an operator of
a distribution system includes an evaluation of—
‘‘(i) the risks resulting from the presence of cast
iron pipes and mains in the distribution system; and
‘‘(ii) the risks that could lead to or result from
the operation of a low-pressure distribution system
at a pressure that makes the operation of any connected and properly adjusted low-pressure gas burning
equipment unsafe, as determined by the Secretary.
‘‘(B) CONSIDERATION.—In carrying out subparagraph
(A)(ii), the Secretary shall ensure that an operator of a
distribution system—
‘‘(i) considers factors other than past observed
abnormal operating conditions (as defined in section
192.803 of title 49, Code of Federal Regulations (or
a successor regulation)) in ranking risks and identifying measures to mitigate those risks; and
‘‘(ii) may not determine that there are no potential
consequences associated with low probability events
unless that determination is otherwise supported by
engineering analysis or operational knowledge.
‘‘(C) DEADLINES.—
‘‘(i) IN GENERAL.—Not later than 2 years after
the date of enactment of this paragraph, each operator
of a distribution system shall make available to the
Secretary or the relevant State authority with a certification in effect under section 60105, as applicable,
a copy of—
‘‘(I) the distribution integrity management
plan of the operator;
‘‘(II) the emergency response plan under section 60102(d)(5); and

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Deadline.
Regulations.

Determination.

Records.

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134 STAT. 2238

PUBLIC LAW 116–260—DEC. 27, 2020
‘‘(III) the procedural manual for operations,
maintenance, and emergencies under section
60102(d)(4).
‘‘(ii) UPDATES.—Each operator of a distribution
system shall make available to the Secretary or make
available for inspection to the relevant State authority
described in clause (i), if applicable, an updated plan
or manual described in that clause by not later than
60 days after the date of a significant update, as determined by the Secretary.
‘‘(iii) APPLICABILITY OF FOIA.—Nothing in this subsection shall be construed to authorize the disclosure
of any information that is exempt from disclosure
under section 552(b) of title 5.
‘‘(D) REVIEW OF PLANS AND DOCUMENTS.—
‘‘(i) TIMING.—
‘‘(I) IN GENERAL.—Not later than 2 years after
the date of promulgation of the regulations under
subparagraph (A), and not less frequently than
once every 5 years thereafter, the Secretary or
relevant State authority with a certification in
effect under section 60105 shall review the distribution integrity management plan, the emergency response plan, and the procedural manual
for operations, maintenance, and emergencies of
each operator of a distribution system and record
the results of that review for use in the next review
of the program of that operator.
‘‘(II) GRACE PERIOD.—For the third, fourth, and
fifth years after the date of promulgation of the
regulations under subparagraph (A), the Secretary—
‘‘(aa) shall not use subclause (I) as justification to reduce funding, decertify, or
penalize in any way under section 60105,
60106, or 60107 a State authority that has
in effect a certification under section 60105
or an agreement under section 60106; and
‘‘(bb) shall—
‘‘(AA) submit to the Committee on
Commerce, Science, and Transportation of
the Senate and the Committees on
Transportation and Infrastructure and
Energy and Commerce of the House of
Representatives a list of States found to
be noncompliant with subclause (I) during
the annual program evaluation; and
‘‘(BB) provide a written notice to each
State authority described in item (aa) that
is not in compliance with the requirements of subclause (I).
‘‘(ii) REVIEW.—Each plan or procedural manual
made available under subparagraph (C)(i) shall be
reexamined—
‘‘(I) on significant change to the plans or procedural manual, as applicable;

Determination.

Deadline.

List.

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Notice.

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134 STAT. 2239

‘‘(II) on significant change to the gas distribution system of the operator, as applicable; and
‘‘(III) not less frequently than once every 5
years.
‘‘(iii) CONTEXT OF REVIEW.—The Secretary may
conduct a review under clause (i) or (ii) as an element
of the inspection of the operator carried out by the
Secretary.
‘‘(iv) INADEQUATE PROGRAMS.—If the Secretary
determines that the documents reviewed under clause
(i) or (ii) do not comply with the requirements of this
chapter (including regulations to implement this
chapter), have not been adequately implemented, or
are inadequate for the safe operation of a pipeline
facility, the Secretary may conduct proceedings under
this chapter.’’.
(b) CONTENTS OF STATE PIPELINE SAFETY PROGRAM CERTIFICATIONS.—
(1) IN GENERAL.—Section 60105(b) of title 49, United States
Code, is amended—
(A) in paragraph (6), by striking ‘‘and’’ at the end;
(B) in paragraph (7), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
‘‘(8) has the capability to sufficiently review and evaluate
the adequacy of the plans and manuals described in section
60109(e)(7)(C)(i); and
‘‘(9) has a sufficient number of employees described in
paragraph (3) to ensure safe operations of pipeline facilities,
updating the State Inspection Calculation Tool to take into
account factors including—
‘‘(A) the number of miles of natural gas and hazardous
liquid pipelines in the State, including the number of miles
of cast iron and bare steel pipelines;
‘‘(B) the number of services in the State;
‘‘(C) the age of the gas distribution system in the
State; and
‘‘(D) environmental factors that could impact the integrity of the pipeline, including relevant geological issues.’’.
(2) RULEMAKING.—The Secretary shall promulgate regulations to require that a State authority with a certification
in effect under section 60105 of title 49, United States Code,
has a sufficient number of qualified inspectors to ensure safe
operations, as determined by the State Inspection Calculation
Tool and other factors determined to be appropriate by the
Secretary.
(3) DEADLINE.—Not later than 2 years after the date of
enactment of this Act, the Secretary shall promulgate regulations to implement the amendments made by this subsection.

Determination.

49 USC 60105
note.

49 USC 60105
note.

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SEC. 203. EMERGENCY RESPONSE PLANS.

Section 60102 of title 49, United States Code (as amended
by section 113), is amended by adding at the end the following:
‘‘(r) EMERGENCY RESPONSE PLANS.—Not later than 2 years
after the date of enactment of this subsection, the Secretary shall
update regulations to ensure that each emergency response plan

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Deadline.
Updates.
Regulations.
Procedures.
Determination.

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134 STAT. 2240

PUBLIC LAW 116–260—DEC. 27, 2020

developed by an operator of a distribution system under subsection
(d)(5), includes written procedures for—
‘‘(1) establishing communication with first responders and
other relevant public officials, as soon as practicable, beginning
from the time of confirmed discovery, as determined by the
Secretary, by the operator of a gas pipeline emergency involving
a release of gas from a distribution system of that operator
that results in—
‘‘(A) a fire related to an unintended release of gas;
‘‘(B) an explosion;
‘‘(C) 1 or more fatalities; or
‘‘(D) the unscheduled release of gas and shutdown of
gas service to a significant number of customers, as determined by the Secretary;
‘‘(2) establishing general public communication through an
appropriate channel—
‘‘(A) as soon as practicable, as determined by the Secretary, after a gas pipeline emergency described in paragraph (1); and
‘‘(B) that provides information regarding—
‘‘(i) the emergency described in subparagraph (A);
and
‘‘(ii) the status of public safety; and
‘‘(3) the development and implementation of a voluntary,
opt-in system that would allow operators of distribution systems
to rapidly communicate with customers in the event of an
emergency.’’.
SEC. 204. OPERATIONS AND MAINTENANCE MANUALS.

Section 60102 of title 49, United States Code (as amended
by section 203), is amended by adding at the end the following:
‘‘(s) OPERATIONS AND MAINTENANCE MANUALS.—Not later than
2 years after the date of enactment of this subsection, the Secretary
shall update regulations to ensure that each procedural manual
for operations, maintenance, and emergencies developed by an operator of a distribution pipeline under subsection (d)(4), includes
written procedures for—
‘‘(1) responding to overpressurization indications, including
specific actions and an order of operations for immediately
reducing pressure in or shutting down portions of the gas
distribution system, if necessary; and
‘‘(2) a detailed procedure for the management of the change
process, which shall—
‘‘(A) be applied to significant technology, equipment,
procedural, and organizational changes to the distribution
system; and
‘‘(B) ensure that relevant qualified personnel, such as
an engineer with a professional engineer licensure, subject
matter expert, or other employee who possesses the necessary knowledge, experience, and skills regarding natural
gas distribution systems, review and certify construction
plans for accuracy, completeness, and correctness.’’.

Deadline.
Updates.
Regulations.
Procedures.

Procedure.

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Review.
Certification.

49 USC 60103
note.
Reports.

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SEC. 205. PIPELINE SAFETY MANAGEMENT SYSTEMS.

(a) IN GENERAL.—Not later than 3 years after the date of
enactment of this Act, the Secretary shall submit to the Committee
on Commerce, Science, and Transportation of the Senate and the

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2241

Committees on Transportation and Infrastructure and Energy and
Commerce of the House of Representatives a report describing—
(1) the number of operators of natural gas distribution
systems who have implemented a pipeline safety management
system in accordance with the standard established by the
American Petroleum Institute entitled ‘‘Pipeline Safety Management System Requirements’’ and numbered American Petroleum Institute Recommended Practice 1173;
(2) the progress made by operators of natural gas distribution systems who have implemented, or are in the process
of implementing, a pipeline safety management system
described in paragraph (1); and
(3) the feasibility of an operator of a natural gas distribution system implementing a pipeline safety management system
described in paragraph (1) based on the size of the operator
as measured by—
(A) the number of customers the operator has; and
(B) the amount of natural gas the operator transports.
(b) REQUIREMENTS.—As part of the report required under subsection (a), the Secretary shall provide guidance or recommendations that would further the adoption of safety management systems
in accordance with the standard established by the American Petroleum Institute entitled ‘‘Pipeline Safety Management System
Requirements’’ and numbered American Petroleum Institute Recommended Practice 1173.
(c) EVALUATION AND PROMOTION OF SAFETY MANAGEMENT SYSTEMS.—The Secretary and the relevant State authority with a certification in effect under section 60105 of title 49, United States
Code, as applicable, shall—
(1) promote and assess pipeline safety management systems frameworks developed by operators of natural gas distribution systems and described in the report under subsection
(a), including—
(A) if necessary, using independent third-party evaluators; and
(B) through a system that promotes self-disclosure of—
(i) errors; and
(ii) deviations from regulatory standards; and
(2) if a deviation from a regulatory standard is identified
during the development and application of a pipeline safety
management system, certify that—
(A) due consideration will be given to factors such
as flawed procedures, honest mistakes, or lack of understanding; and
(B) the operators and regulators use the most appropriate tools to fix the deviation, return to compliance, and
prevent the recurrence of the deviation, including—
(i) root cause analysis; and
(ii) training, education, or other appropriate
improvements to procedures or training programs.

Recommendations.

Assessment.

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SEC. 206. PIPELINE SAFETY PRACTICES.

Section 60102 of title 49, United States Code (as amended
by section 204), is amended by adding at the end the following:
‘‘(t) OTHER PIPELINE SAFETY PRACTICES.—

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Deadlines.
Regulations.
Requirements.

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Determination.
Evaluation.

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‘‘(1) RECORDS.—Not later than 2 years after the date of
enactment of this subsection, the Secretary shall promulgate
regulations to require an operator of a distribution system—
‘‘(A) to identify and manage traceable, reliable, and
complete records, including maps and other drawings, critical to ensuring proper pressure controls for a gas distribution system, and updating these records as needed, while
collecting and identifying other records necessary for risk
analysis on an opportunistic basis; and
‘‘(B) to ensure that the records required under subparagraph (A) are—
‘‘(i) accessible to all personnel responsible for performing or overseeing relevant construction or
engineering work; and
‘‘(ii) submitted to, or made available for inspection
by, the Secretary or the relevant State authority with
a certification in effect under section 60105.
‘‘(2) PRESENCE OF QUALIFIED EMPLOYEES.—
‘‘(A) IN GENERAL.—Not later than 180 days after the
date of enactment of this subsection, the Secretary shall
promulgate regulations to require that not less than 1
agent of an operator of a distribution system who is qualified to perform relevant covered tasks, as determined by
the Secretary, shall monitor gas pressure at the district
regulator station or at an alternative site with equipment
capable of ensuring proper pressure controls and have the
capability to promptly shut down the flow of gas or control
over pressurization at a district regulator station during
any construction project that has the potential to cause
a hazardous overpressurization at that station, including
tie-ins and abandonment of distribution lines and mains,
based on an evaluation, conducted by the operator, of
threats that could result in unsafe operation.
‘‘(B) EXCLUSION.—In promulgating regulations under
subparagraph (A), the Secretary shall ensure that those
regulations do not apply to a district regulating station
that has a monitoring system and the capability for remote
or automatic shutoff.
‘‘(3) DISTRICT REGULATOR STATIONS.—
‘‘(A) IN GENERAL.—Not later than 1 year after the
date of enactment of this subsection, the Secretary shall
promulgate regulations to require that each operator of
a distribution system assesses and upgrades, as appropriate, each district regulator station of the operator to
ensure that—
‘‘(i) the risk of the gas pressure in the distribution
system exceeding, by a common mode of failure, the
maximum allowable operating pressure (as described
in section 192.623 of title 49, Code of Federal Regulations (or a successor regulation)) allowed under Federal
law (including regulations) is minimized;
‘‘(ii) the gas pressure of a low-pressure distribution
system is monitored, particularly at or near the location of critical pressure-control equipment;
‘‘(iii) the regulator station has secondary or backup
pressure-relieving or overpressure-protection safety
technology, such as a relief valve or automatic shutoff

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valve, or other pressure-limiting devices appropriate
for the configuration and siting of the station and,
in the case of a regulator station that employs the
primary and monitor regulator design, the operator
shall eliminate the common mode of failure or provide
backup protection capable of either shutting the flow
of gas, relieving gas to the atmosphere to fully protect
the distribution system from overpressurization events,
or there must be technology in place to eliminate a
common mode of failure; and
‘‘(iv) if the Secretary determines that it is not
operationally possible for an operator to implement
the requirements under clause (iii), the Secretary shall
require such operator to identify actions in their plan
that minimize the risk of an overpressurization event.’’.

Determination.

DIVISION S—INNOVATION FOR THE
ENVIRONMENT
SEC. 101. REAUTHORIZATION OF DIESEL EMISSIONS REDUCTION PROGRAM.

Section 797(a) of the Energy Policy Act of 2005 (42 U.S.C.
16137(a)) is amended by striking ‘‘2016’’ and inserting ‘‘2024’’.

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SEC. 102. ENCOURAGING PROJECTS TO REDUCE EMISSIONS.

(a) SHORT TITLE.—This section may be cited as the ‘‘Utilizing
Significant Emissions with Innovative Technologies Act’’ or the
‘‘USE IT Act’’.
(b) RESEARCH, INVESTIGATION, TRAINING, AND OTHER ACTIVITIES.—Section 103 of the Clean Air Act (42 U.S.C. 7403) is
amended—
(1) in subsection (c)(3), in the first sentence of the matter
preceding subparagraph (A), by striking ‘‘percursors’’ and
inserting ‘‘precursors’’; and
(2) in subsection (g)—
(A) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively, and indenting
appropriately;
(B) in the undesignated matter following subparagraph
(D) (as so redesignated)—
(i) in the second sentence, by striking ‘‘The
Administrator’’ and inserting the following:
‘‘(5) COORDINATION AND AVOIDANCE OF DUPLICATION.—The
Administrator’’; and
(ii) in the first sentence, by striking ‘‘Nothing’’
and inserting the following:
‘‘(4) EFFECT OF SUBSECTION.—Nothing’’;
(C) in the matter preceding subparagraph (A) (as so
redesignated)—
(i) in the third sentence, by striking ‘‘Such program’’ and inserting the following:
‘‘(3) PROGRAM INCLUSIONS.—The program under this subsection’’;
(ii) in the second sentence—
(I) by inserting ‘‘States, institutions of higher
education,’’ after ‘‘scientists,’’; and

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Utilizing
Significant
Emissions with
Innovative
Technologies Act.
42 USC 4321
note.

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134 STAT. 2244

(II) by striking ‘‘Such strategies and technologies shall be developed’’ and inserting the following:
‘‘(2) PARTICIPATION REQUIREMENT.—Such strategies and
technologies described in paragraph (1) shall be developed’’;
and
(iii) in the first sentence, by striking ‘‘In carrying
out’’ and inserting the following:
‘‘(1) IN GENERAL.—In carrying out’’; and
(D) by adding at the end the following:
‘‘(6) CERTAIN CARBON DIOXIDE ACTIVITIES.—
‘‘(A) IN GENERAL.—In carrying out paragraph (3)(A)
with respect to carbon dioxide, the Administrator—
‘‘(i) is authorized to carry out the activities
described in subparagraph (B); and
‘‘(ii) shall carry out the activities described in
subparagraph (C).
‘‘(B) DIRECT AIR CAPTURE RESEARCH.—
‘‘(i) DEFINITIONS.—In this subparagraph:
‘‘(I) BOARD.—The term ‘Board’ means the
Direct Air Capture Technology Advisory Board
established by clause (iii)(I).
‘‘(II) DILUTE.—The term ‘dilute’ means a concentration of less than 1 percent by volume.
‘‘(III) DIRECT AIR CAPTURE.—
‘‘(aa) IN GENERAL.—The term ‘direct air
capture’, with respect to a facility, technology,
or system, means that the facility, technology,
or system uses carbon capture equipment to
capture carbon dioxide directly from the air.
‘‘(bb) EXCLUSION.—The term ‘direct air
capture’ does not include any facility, technology, or system that captures carbon
dioxide—
‘‘(AA) that is deliberately released
from a naturally occurring subsurface
spring; or
‘‘(BB) using natural photosynthesis.
‘‘(IV) INTELLECTUAL PROPERTY.—The term
‘intellectual property’ means—
‘‘(aa) an invention that is patentable under
title 35, United States Code; and
‘‘(bb) any patent on an invention described
in item (aa).
‘‘(ii) TECHNOLOGY PRIZES.—
‘‘(I) IN GENERAL.—Not later than 1 year after
the date of enactment of the Utilizing Significant
Emissions with Innovative Technologies Act, the
Administrator, in consultation with the Secretary
of Energy, is authorized to establish a program
to provide financial awards on a competitive basis
for direct air capture from media in which the
concentration of carbon dioxide is dilute.
‘‘(II) DUTIES.—In carrying out this clause, the
Administrator shall—
‘‘(aa) subject to subclause (III), develop
specific requirements for—

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134 STAT. 2245

‘‘(AA) the competition process; and
‘‘(BB) the demonstration of performance of approved projects;
‘‘(bb) offer financial awards for a project
designed—
‘‘(AA) to the maximum extent practicable, to capture more than 10,000 tons
of carbon dioxide per year;
‘‘(BB) to operate in a manner that
would be commercially viable in the
foreseeable future (as determined by the
Board); and
‘‘(CC) to improve the technologies or
information systems that enable monitoring and verification methods for direct
air capture projects; and
‘‘(cc) to the maximum extent practicable,
make financial awards to geographically
diverse projects, including at least—
‘‘(AA) 1 project in a coastal State; and
‘‘(BB) 1 project in a rural State.
‘‘(III) PUBLIC PARTICIPATION.—In carrying out
subclause (II)(aa), the Administrator shall—
‘‘(aa) provide notice of and, for a period
of not less than 60 days, an opportunity for
public comment on, any draft or proposed
version of the requirements described in subclause (II)(aa); and
‘‘(bb) take into account public comments
received in developing the final version of
those requirements.
‘‘(iii) DIRECT AIR CAPTURE TECHNOLOGY ADVISORY
BOARD.—
‘‘(I) ESTABLISHMENT.—The Administrator may
establish an advisory board to be known as the
‘Direct Air Capture Technology Advisory Board’.
‘‘(II) COMPOSITION.—The Board, on the
establishment of the Board, shall be composed of
9 members appointed by the Administrator, who
shall provide expertise in—
‘‘(aa) climate science;
‘‘(bb) physics;
‘‘(cc) chemistry;
‘‘(dd) biology;
‘‘(ee) engineering;
‘‘(ff) economics;
‘‘(gg) business management; and
‘‘(hh) such other disciplines as the
Administrator determines to be necessary to
achieve the purposes of this subparagraph.
‘‘(III) TERM; VACANCIES.—
‘‘(aa) TERM.—A member of the Board shall
serve for a term of 6 years.
‘‘(bb) VACANCIES.—A vacancy on the
Board—
‘‘(AA) shall not affect the powers of
the Board; and

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Time period.

Appointment.

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‘‘(BB) shall be filled in the same
manner as the original appointment was
made.
‘‘(IV) INITIAL MEETING.—Not later than 30
days after the date on which all members of the
Board have been appointed, the Board shall hold
the initial meeting of the Board.
‘‘(V) MEETINGS.—The Board shall meet at the
call of the Chairperson or on the request of the
Administrator.
‘‘(VI) QUORUM.—A majority of the members
of the Board shall constitute a quorum, but a
lesser number of members may hold hearings.
‘‘(VII) CHAIRPERSON AND VICE CHAIRPERSON.—
The Board shall select a Chairperson and Vice
Chairperson from among the members of the
Board.
‘‘(VIII) COMPENSATION.—Each member of the
Board may be compensated at not to exceed the
daily equivalent of the annual rate of basic pay
in effect for a position at level V of the Executive
Schedule under section 5316 of title 5, United
States Code, for each day during which the
member is engaged in the actual performance of
the duties of the Board.
‘‘(IX) DUTIES.—The Board shall—
‘‘(aa) advise the Administrator on carrying
out the duties of the Administrator under this
subparagraph; and
‘‘(bb) provide other assistance and advice
as requested by the Administrator.
‘‘(iv) INTELLECTUAL PROPERTY.—
‘‘(I) IN GENERAL.—As a condition of receiving
a financial award under this subparagraph, an
applicant shall agree to vest the intellectual property of the applicant derived from the technology
in 1 or more entities that are incorporated in the
United States.
‘‘(II) RESERVATION OF LICENSE.—The United
States—
‘‘(aa) may reserve a nonexclusive, nontransferable, irrevocable, paid-up license, to
have practiced for or on behalf of the United
States, in connection with any intellectual
property described in subclause (I); but
‘‘(bb) shall not, in the exercise of a license
reserved under item (aa), publicly disclose
proprietary information relating to the license.
‘‘(III) TRANSFER OF TITLE.—Title to any
intellectual property described in subclause (I)
shall not be transferred or passed, except to an
entity that is incorporated in the United States,
until the expiration of the first patent obtained
in connection with the intellectual property.
‘‘(v) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this subparagraph $35,000,000, to remain available until expended.

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134 STAT. 2247

‘‘(vi) TERMINATION OF AUTHORITY.—Notwithstanding section 14 of the Federal Advisory Committee
Act (5 U.S.C. App.), the Board and all authority provided under this subparagraph shall terminate not
later than 12 years after the date of enactment of
the Utilizing Significant Emissions with Innovative
Technologies Act.
‘‘(C) DEEP SALINE FORMATION REPORT.—
‘‘(i) DEFINITION OF DEEP SALINE FORMATION.—
‘‘(I) IN GENERAL.—In this subparagraph, the
term ‘deep saline formation’ means a formation
of subsurface geographically extensive sedimentary
rock layers saturated with waters or brines that
have a high total dissolved solids content and that
are below the depth where carbon dioxide can exist
in the formation as a supercritical fluid.
‘‘(II) CLARIFICATION.—In this subparagraph,
the term ‘deep saline formation’ does not include
oil and gas reservoirs.
‘‘(ii) REPORT.—In consultation with the Secretary
of Energy, and, as appropriate, with the head of any
other relevant Federal agency and relevant stakeholders, not later than 1 year after the date of enactment of the Utilizing Significant Emissions with
Innovative Technologies Act, the Administrator shall
prepare, submit to Congress, and make publicly available a report that includes—
‘‘(I) a comprehensive identification of potential
risks and benefits to project developers associated
with increased storage of carbon dioxide captured
from stationary sources in deep saline formations,
using existing research;
‘‘(II) recommendations for managing the potential risks identified under subclause (I), including
potential risks unique to public land; and
‘‘(III) recommendations for Federal legislation
or other policy changes to mitigate any potential
risks identified under subclause (I).
‘‘(D) GAO REPORT.—Not later than 5 years after the
date of enactment of the Utilizing Significant Emissions
with Innovative Technologies Act, the Comptroller General
of the United States shall submit to Congress a report
that—
‘‘(i) identifies all Federal grant programs in which
a purpose of a grant under the program is to perform
research on carbon capture and utilization technologies, including direct air capture technologies; and
‘‘(ii) examines the extent to which the Federal
grant programs identified pursuant to clause (i) overlap
or are duplicative.’’.
(c) CARBON UTILIZATION PROGRAM.—
(1) IN GENERAL.—Subtitle F of title IX of the Energy Policy
Act of 2005 (42 U.S.C. 16291 et seq.) is amended by inserting
after section 968 the following:

Consultation.
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information.
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Note: See Part 2 for pages 134 Stat. 2248 through 134 Stat. 3305.

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(PART 2) *
PUBLIC LAW 116–260—DEC. 27, 2020

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CONSOLIDATED APPROPRIATIONS ACT, 2021

* Editorial note: Part 2 contains pages 134 Stat. 2248 through 134 Stat. 3305.

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PUBLIC LAW 116–260—DEC. 27, 2020

‘‘SEC. 969. CARBON UTILIZATION PROGRAM.

42 USC 16298.
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‘‘(a) IN GENERAL.—The Secretary, in consultation with the
Administrator of the Environmental Protection Agency, shall carry
out a program of research, development, demonstration, and
commercialization relating to carbon utilization.
‘‘(b) ACTIVITIES.—Under the program described in subsection
(a), the Secretary shall—
‘‘(1) assess and monitor—
‘‘(A) potential changes in lifecycle carbon dioxide and
other greenhouse gas emissions; and
‘‘(B) other environmental safety indicators of new technologies, practices, processes, or methods used in enhanced
hydrocarbon recovery as part of the activities authorized
under section 963;
‘‘(2) identify and evaluate novel uses for carbon (including
conversion of carbon oxides) that, on a full lifecycle basis,
achieve a permanent reduction, or avoidance of a net increase,
in carbon dioxide in the atmosphere, for use in commercial
and industrial products such as—
‘‘(A) chemicals;
‘‘(B) plastics;
‘‘(C) building materials;
‘‘(D) fuels;
‘‘(E) cement;
‘‘(F) products of coal utilization in power systems or
in other applications; and
‘‘(G) other products with demonstrated market value;
‘‘(3) identify and assess carbon capture technologies for
industrial systems; and
‘‘(4) identify and assess alternative uses for coal that result
in zero net emissions of carbon dioxide or other pollutants,
including products derived from carbon engineering, carbon
fiber, and coal conversion methods.
‘‘(c) PRIORITIZATION.—In supporting demonstration and
commercialization research under the program described in subsection (a), the Secretary shall prioritize consideration of projects
that—
‘‘(1) have access to a carbon dioxide emissions stream generated by a stationary source in the United States that is
capable of supplying not less than 250 metric tons per day
of carbon dioxide for research;
‘‘(2) have access to equipment for testing small-scale carbon
dioxide utilization technologies, with onsite access to larger
test bays for scale-up; and
‘‘(3) have 1 or more existing partnerships with a National
Laboratory, an institution of higher education, a private company, or a State or other government entity.
‘‘(d) COORDINATION.—The Secretary shall coordinate the activities authorized under this section with the activities authorized
in section 969A as part of a single consolidated program of the
Department.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary to carry out this section
$50,000,000, to remain available until expended.’’.
(2) STUDY.—

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134 STAT. 2249

(A) IN GENERAL.—The Secretary of Energy, in consultation with the Administrator of the Environmental Protection Agency, shall seek to enter into an agreement with
the National Academies of Sciences, Engineering, and
Medicine to conduct a study that assesses the barriers
and opportunities relating to the commercial application
of carbon dioxide in the United States.
(B) CONTENTS.—The study under subparagraph (A)
shall—
(i) analyze the technical feasibility, related challenges, and impacts of—
(I) commercializing carbon dioxide; and
(II) as part of that commercialization—
(aa) creating a national system of carbon
dioxide pipelines and geologic sequestration
sites;
(bb) mitigating environmental and landowner impacts; and
(cc) regional economic challenges and
regional economic opportunities;
(ii) identify potential markets, industries, or sectors that may benefit from greater access to commercial
carbon dioxide;
(iii) assess the current state of infrastructure and
any necessary updates to that infrastructure to allow
for the integration of safe and reliable carbon dioxide
transportation, utilization, and storage;
(iv)(I) estimate the economic, climate, and environmental impacts of any well-integrated national carbon
dioxide pipeline system; and
(II) suggest policies that could improve the economic impact of that system;
(v) assess the global status and progress of existing
chemical and biological carbon utilization technologies
that utilize waste carbon (including carbon dioxide,
carbon monoxide, methane, and biogas) from power
generation, biofuels production, and other industrial
processes relevant to minimizing net greenhouse gas
emissions;
(vi) identify emerging technologies for and
approaches to carbon utilization that show promise
for scale-up, demonstration, deployment, and commercialization relevant to minimizing net greenhouse gas
emissions;
(vii) analyze the factors associated with making
carbon utilization technologies relevant to minimizing
net greenhouse gas emissions viable at a commercial
scale, including carbon waste stream availability,
economics, market capacity, and energy and lifecycle
requirements;
(viii)(I) assess the major technical challenges associated with increasing the commercial viability of
carbon reuse technologies; and
(II) identify the research and development questions that will address those challenges;

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Contracts.
Assessments.

Analysis.

Analysis.

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134 STAT. 2250

PUBLIC LAW 116–260—DEC. 27, 2020
(ix)(I) assess current research efforts, including
engineering and computational research, that address
the challenges described in clause (viii)(I); and
(II) identify any gaps in the current research portfolio; and
(x) develop a comprehensive research agenda that
addresses both long- and short-term research needs
and opportunities for carbon capture utilization and
storage technologies relevant to minimizing net greenhouse gas emissions.
(3) TECHNICAL AMENDMENT.—The table of contents for the
Energy Policy Act of 2005 (Public Law 109–58; 119 Stat. 600)
is amended by inserting after the item relating to section 968
the following:

‘‘Sec. 969. Carbon utilization program.’’.

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(d) IMPROVEMENT OF PERMITTING PROCESS FOR CARBON DIOXIDE
CAPTURE AND INFRASTRUCTURE PROJECTS.—
(1) INCLUSION OF CARBON CAPTURE INFRASTRUCTURE
PROJECTS.—Section 41001(6) of the FAST Act (42 U.S.C.
4370m(6)) is amended—
(A) in subparagraph (A)—
(i) in the matter preceding clause (i), by inserting
‘‘carbon capture,’’ after ‘‘manufacturing,’’;
(ii) in clause (i)(III), by striking ‘‘or’’ at the end;
(iii) by redesignating clause (ii) as clause (iii); and
(iv) by inserting after clause (i) the following:
‘‘(ii) is covered by a programmatic plan or environmental review developed for the primary purpose of
facilitating development of carbon dioxide pipelines;
or’’; and
(B) by adding at the end the following:
‘‘(C) INCLUSION.—For purposes of subparagraph (A),
construction of infrastructure for carbon capture includes
construction of—
‘‘(i) any facility, technology, or system that captures, utilizes, or sequesters carbon dioxide emissions,
including projects for direct air capture (as defined
in paragraph (6)(B)(i) of section 103(g) of the Clean
Air Act (42 U.S.C. 7403(g)); and
‘‘(ii) carbon dioxide pipelines.’’.
(2) DEVELOPMENT OF CARBON CAPTURE, UTILIZATION, AND
SEQUESTRATION REPORT, PERMITTING GUIDANCE, AND REGIONAL
PERMITTING TASK FORCE.—
(A) DEFINITIONS.—In this paragraph:
(i) CARBON CAPTURE, UTILIZATION, AND SEQUESTRATION PROJECTS.—The term ‘‘carbon capture, utilization,
and sequestration projects’’ includes projects for direct
air capture (as defined in paragraph (6)(B)(i) of section
103(g) of the Clean Air Act (42 U.S.C. 7403(g))).
(ii) EFFICIENT, ORDERLY, AND RESPONSIBLE.—The
term ‘‘efficient, orderly, and responsible’’ means, with
respect to development or the permitting process for
carbon capture, utilization, and sequestration projects
and carbon dioxide pipelines, a process that promotes
environmental, health, and safety protections while

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134 STAT. 2251

maintaining a process that is completed in an expeditious manner.
(B) REPORT.—
(i) IN GENERAL.—Not later than 180 days after
the date of enactment of this Act, the Chair of the
Council on Environmental Quality (referred to in this
section as the ‘‘Chair’’), in consultation with the
Administrator of the Environmental Protection Agency,
the Secretary of Energy, the Secretary of the Interior,
the Secretary of Transportation, the Executive Director
of the Federal Permitting Improvement Council, and
the head of any other relevant Federal agency (as
determined by the President), shall prepare a report
that—
(I) compiles all existing relevant Federal
permitting and review information and resources
for project applicants, agencies, and other stakeholders interested in the deployment and impact
of carbon capture, utilization, and sequestration
projects and carbon dioxide pipelines, including—
(aa) the appropriate points of interaction
with Federal agencies;
(bb) clarification of the permitting responsibilities and authorities among Federal agencies; and
(cc) best practices and templates for
permitting in an efficient, orderly, and responsible manner, including through improved
staff capacity and training at Federal permitting agencies;
(II) inventories current or emerging activities
that transform captured carbon dioxide into a
product of commercial value, or as an input to
products of commercial value;
(III) inventories existing initiatives and recent
publications that analyze or identify priority
carbon dioxide pipelines needed to enable efficient,
orderly, and responsible development of carbon
capture, utilization, and sequestration projects at
increased scale;
(IV) identifies gaps in the current Federal
regulatory framework for the deployment of carbon
capture, utilization, and sequestration projects and
carbon dioxide pipelines;
(V) identifies Federal financing mechanisms
available to project developers; and
(VI) identifies public engagement opportunities through existing laws, including under the
National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(ii) SUBMISSION; PUBLICATION.—The Chair shall—
(I) submit the report under clause (i) to the
Committee on Environment and Public Works of
the Senate and the Committee on Energy and
Commerce, the Committee on Natural Resources,
and the Committee on Transportation and Infrastructure of the House of Representatives; and

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Inventory.

Inventory.

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information.

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PUBLIC LAW 116–260—DEC. 27, 2020
(II) as soon as practicable, make the report
publicly available.
(C) GUIDANCE.—
(i) IN GENERAL.—After submission of the report
under subparagraph (B)(ii), but not later than 1 year
after the date of enactment of this Act, the Chair
shall submit guidance consistent with that report to
all relevant Federal agencies that—
(I) facilitates reviews associated with the
deployment of carbon capture, utilization, and
sequestration projects and carbon dioxide pipelines; and
(II) supports the efficient, orderly, and responsible development of carbon capture, utilization,
and sequestration projects and carbon dioxide pipelines.
(ii) REQUIREMENTS.—
(I) IN GENERAL.—The guidance under clause
(i) shall address applicable requirements under—
(aa) the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.);
(bb) the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.);
(cc) the Clean Air Act (42 U.S.C. 7401
et seq.);
(dd) the Safe Drinking Water Act (42
U.S.C. 300f et seq.);
(ee) the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.);
(ff) division A of subtitle III of title 54,
United States Code (formerly known as the
‘‘National Historic Preservation Act’’);
(gg) the Migratory Bird Treaty Act (16
U.S.C. 703 et seq.);
(hh) the Act of June 8, 1940 (16 U.S.C.
668 et seq.) (commonly known as the ‘‘Bald
and Golden Eagle Protection Act’’);
(ii) chapter 601 of title 49, United States
Code (including those provisions formerly cited
as the Natural Gas Pipeline Safety Act of 1968
(Public Law 90–481; 82 Stat. 720) and the
Hazardous Liquid Pipeline Safety Act of 1979
(Public Law 96–129; 93 Stat. 1003)); and
(jj) any other Federal law that the Chair
determines to be appropriate.
(II) ENVIRONMENTAL REVIEWS.—The guidance
under clause (i) shall include direction to States
and other interested parties for the development
of programmatic environmental reviews under the
National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) for carbon capture, utilization,
and sequestration projects and carbon dioxide pipelines.
(III) PUBLIC INVOLVEMENT.—The guidance
under clause (i) shall be subject to the public
notice, comment, and solicitation of information

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134 STAT. 2253

procedures under section 1506.6 of title 40, Code
of Federal Regulations (or a successor regulation).
(iii) SUBMISSION; PUBLICATION.—The Chair shall—
(I) submit the guidance under clause (i) to
the Committee on Environment and Public Works
of the Senate and the Committee on Energy and
Commerce, the Committee on Natural Resources,
and the Committee on Transportation and Infrastructure of the House of Representatives; and
(II) as soon as practicable, make the guidance
publicly available.
(iv) EVALUATION.—The Chair shall—
(I) periodically evaluate the reports of the task
forces under subparagraph (D)(v) and, as necessary, revise the guidance under clause (i); and
(II) each year, submit to the Committee on
Environment and Public Works of the Senate, the
Committee on Energy and Commerce, the Committee on Natural Resources, and the Committee
on Transportation and Infrastructure of the House
of Representatives, and relevant Federal agencies
a report that describes any recommendations for
rules, revisions to rules, or other policies that
would address the issues identified by the task
forces under subparagraph (D)(v).
(D) TASK FORCES.—
(i) ESTABLISHMENT.—Not later than 18 months
after the date of enactment of this Act, the Chair
shall establish not less than 2 task forces, which shall
each cover a different geographical area with differing
demographic, land use, or geological issues—
(I) to identify permitting and other challenges
and successes that permitting authorities and
project developers and operators face in permitting
projects in an efficient, orderly, and responsible
manner; and
(II) to improve the performance of the permitting process and regional coordination for the purpose of promoting the efficient, orderly, and
responsible development of carbon capture, utilization, and sequestration projects and carbon dioxide
pipelines.
(ii) MEMBERS AND SELECTION.—
(I) IN GENERAL.—The Chair shall—
(aa) develop criteria for the selection of
members to each task force; and
(bb) select members for each task force
in accordance with item (aa) and subclause
(II).
(II) MEMBERS.—Each task force—
(aa) shall include not less than 1 representative of each of—
(AA) the Environmental Protection
Agency;
(BB) the Department of Energy;
(CC) the Department of the Interior;

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Public
information.

Reports.
Recommendations.

Deadline.

Criteria.

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PUBLIC LAW 116–260—DEC. 27, 2020
(DD) the Pipeline and Hazardous
Materials Safety Administration;
(EE) any other Federal agency the
Chair determines to be appropriate;
(FF) any State that requests participation in the geographical area covered
by the task force;
(GG) developers or operators of carbon
capture, utilization, and sequestration
projects or carbon dioxide pipelines; and
(HH) nongovernmental membership
organizations, the primary mission of
which concerns protection of the environment;
(bb) at the request of a Tribal or local
government, may include a representative of—
(AA) not less than 1 local government
in the geographical area covered by the
task force; and
(BB) not less than 1 Tribal government in the geographical area covered by
the task force; and
(cc) shall include 1 expert in each of the
following fields—
(AA) health and environmental
effects, including exposure evaluation; and
(BB) pipeline safety.
(iii) MEETINGS.—
(I) IN GENERAL.—Each task force shall meet
not less than twice each year.
(II) JOINT MEETING.—To the maximum extent
practicable, the task forces shall meet collectively
not less than once each year.
(iv) DUTIES.—Each task force shall—
(I) inventory existing or potential Federal and
State approaches to facilitate reviews associated
with the deployment of carbon capture, utilization,
and sequestration projects and carbon dioxide pipelines, including best practices that—
(aa) avoid duplicative reviews to the
extent permitted by law;
(bb) engage stakeholders early in the
permitting process; and
(cc) make the permitting process efficient,
orderly, and responsible;
(II) develop common models for State-level
carbon dioxide pipeline regulation and oversight
guidelines that can be shared with States in the
geographical area covered by the task force;
(III) provide technical assistance to States in
the geographical area covered by the task force
in implementing regulatory requirements and any
models developed under subclause (II);
(IV) inventory current or emerging activities
that transform captured carbon dioxide into a
product of commercial value, or as an input to
products of commercial value;

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134 STAT. 2255

(V) identify any priority carbon dioxide pipelines needed to enable efficient, orderly, and
responsible development of carbon capture, utilization, and sequestration projects at increased scale;
(VI) identify gaps in the current Federal and
State regulatory framework and in existing data
for the deployment of carbon capture, utilization,
and sequestration projects and carbon dioxide pipelines;
(VII) identify Federal and State financing
mechanisms available to project developers; and
(VIII) develop recommendations for relevant
Federal agencies on how to develop and research
technologies that—
(aa) can capture carbon dioxide; and
(bb) would be able to be deployed within
the region covered by the task force, including
any projects that have received technical or
financial assistance for research under paragraph (6) of section 103(g) of the Clean Air
Act (42 U.S.C. 7403(g)).
(v) REPORT.—Each year, each task force shall prepare and submit to the Chair and to the other task
forces a report that includes—
(I) any recommendations for improvements in
efficient, orderly, and responsible issuance or
administration of Federal permits and other Federal authorizations required under a law described
in subparagraph (C)(ii)(I); and
(II) any other nationally relevant information
that the task force has collected in carrying out
the duties under clause (iv).
(vi) EVALUATION.—Not later than 5 years after
the date of enactment of this Act, the Chair shall—
(I) reevaluate the need for the task forces;
and
(II) submit to Congress a recommendation as
to whether the task forces should continue.

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SEC. 103. AMERICAN INNOVATION AND MANUFACTURING.

(a) SHORT TITLE.—This section may be cited as the ‘‘American
Innovation and Manufacturing Act of 2020’’.
(b) DEFINITIONS.—In this section:
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the
Administrator of the Environmental Protection Agency.
(2) ALLOWANCE.—The term ‘‘allowance’’ means a limited
authorization for the production or consumption of a regulated
substance established under subsection (e).
(3) CONSUMPTION.—The term ‘‘consumption’’, with respect
to a regulated substance, means a quantity equal to the difference between—
(A) a quantity equal to the sum of—
(i) the quantity of that regulated substance produced in the United States; and
(ii) the quantity of the regulated substance
imported into the United States; and

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Deadline.

Recommendation.
American
Innovation and
Manufacturing
Act of 2020.
42 USC 7675.

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134 STAT. 2256

PUBLIC LAW 116–260—DEC. 27, 2020
(B) the quantity of the regulated substance exported
from the United States.
(4) CONSUMPTION BASELINE.—The term ‘‘consumption baseline’’ means the baseline established for the consumption of
regulated substances under subsection (e)(1)(C).
(5) EXCHANGE VALUE.—The term ‘‘exchange value’’ means
the value assigned to a regulated substance in accordance with
subsections (c) and (e), as applicable.
(6) IMPORT.—The term ‘‘import’’ means to land on, bring
into, or introduce into, or attempt to land on, bring into, or
introduce into, any place subject to the jurisdiction of the United
States, regardless of whether that landing, bringing, or
introduction constitutes an importation within the meaning
of the customs laws of the United States.
(7) PRODUCE.—
(A) IN GENERAL.—The term ‘‘produce’’ means the manufacture of a regulated substance from a raw material or
feedstock chemical (but not including the destruction of
a regulated substance by a technology approved by the
Administrator).
(B) EXCLUSIONS.—The term ‘‘produce’’ does not
include—
(i) the manufacture of a regulated substance that
is used and entirely consumed (except for trace quantities) in the manufacture of another chemical; or
(ii) the reclamation, reuse, or recycling of a regulated substance.
(8) PRODUCTION BASELINE.—The term ‘‘production baseline’’
means the baseline established for the production of regulated
substances under subsection (e)(1)(B).
(9) RECLAIM; RECLAMATION.—The terms ‘‘reclaim’’ and ‘‘reclamation’’ mean—
(A) the reprocessing of a recovered regulated substance
to at least the purity described in standard 700–2016 of
the Air-Conditioning, Heating, and Refrigeration Institute
(or an appropriate successor standard adopted by the
Administrator); and
(B) the verification of the purity of that regulated
substance using, at a minimum, the analytical methodology
described in the standard referred to in subparagraph (A).
(10) RECOVER.—The term ‘‘recover’’ means the process by
which a regulated substance is—
(A) removed, in any condition, from equipment; and
(B) stored in an external container, with or without
testing or processing the regulated substance.
(11) REGULATED SUBSTANCE.—The term ‘‘regulated substance’’ means—
(A) a substance listed in the table contained in subsection (c)(1); and
(B) a substance included as a regulated substance by
the Administrator under subsection (c)(3).
(c) LISTING OF REGULATED SUBSTANCES.—
(1) LIST OF REGULATED SUBSTANCES.—Each of the following
substances, and any isomers of such a substance, shall be
a regulated substance:

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Chemical Name

Common Name

134 STAT. 2257
Exchange
Value

CHF2CHF2

HFC–134

1100

CH2FCF3

HFC–134a

1430

CH2FCHF2

HFC–143

353

CHF2CH2CF3

HFC–245fa

CF3CH2CF2CH3

HFC–365mfc

CF3CHFCF3

HFC–227ea

3220

CH2FCF2CF3

HFC–236cb

1340

CHF2CHFCF3

HFC–236ea

1370

CF3CH2CF3

HFC–236fa

9810

CH2FCF2CHF2

HFC–245ca

693

CF3CHFCHFCF2CF3

HFC–43–10mee

CH2F2

HFC–32

675

CHF2CF3

HFC–125

3500

CH3CF3

HFC–143a

4470

CH3F

HFC–41

92

CH2FCH2F

HFC–152

53

CH3CHF2

HFC–152a

124

CHF3

HFC–23

1030
794

1640

14800.

(2) REVIEW.—The Administrator may—
(A) review the exchange values listed in the table
contained in paragraph (1) on a periodic basis; and
(B) subject to notice and opportunity for public comment, adjust the exchange values solely on the basis of—
(i) the best available science; and
(ii) other information consistent with widely used
or commonly accepted existing exchange values.
(3) OTHER REGULATED SUBSTANCES.—
(A) IN GENERAL.—Subject to notice and opportunity
for public comment, the Administrator may designate a
substance not included in the table contained in paragraph
(1) as a regulated substance if—
(i) the substance—
(I) is a chemical substance that is a saturated
hydrofluorocarbon; and
(II) has an exchange value, as determined by
the Administrator in accordance with the basis
described in paragraph (2)(B), of greater than 53;
and
(ii) the designation of the substance as a regulated
substance would be consistent with the purposes of
this section.

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Determination.

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PUBLIC LAW 116–260—DEC. 27, 2020

(B) SAVINGS PROVISION.—
(i) IN GENERAL.—Nothing in this paragraph
authorizes the Administrator to designate as a regulated substance a blend of substances that includes
a saturated hydrofluorocarbon for purposes of phasing
down production or consumption of regulated substances under subsection (e), even if the saturated
hydrofluorocarbon is, or may be, designated as a regulated substance.
(ii) AUTHORITY OF ADMINISTRATOR.—Clause (i) does
not affect the authority of the Administrator to regulate
under this Act a regulated substance within a blend
of substances.
(d) MONITORING AND REPORTING REQUIREMENTS.—
(1) PRODUCTION, IMPORT, AND EXPORT LEVEL REPORTS.—
(A) IN GENERAL.—On a periodic basis, to be determined
by the Administrator, but not less frequently than
annually, each person who, within the applicable reporting
period, produces, imports, exports, destroys, transforms,
uses as a process agent, or reclaims a regulated substance
shall submit to the Administrator a report that describes,
as applicable, the quantity of the regulated substance that
the person—
(i) produced, imported, and exported;
(ii) reclaimed;
(iii) destroyed by a technology approved by the
Administrator;
(iv) used and entirely consumed (except for trace
quantities) in the manufacture of another chemical;
or
(v) used as a process agent.
(B) REQUIREMENTS.—
(i) SIGNED AND ATTESTED.—The report under
subparagraph (A) shall be signed and attested by a
responsible officer (within the meaning of the Clean
Air Act (42 U.S.C. 7401 et seq.)).
(ii) NO FURTHER REPORTS REQUIRED.—A report
under subparagraph (A) shall not be required from
a person if the person—
(I) permanently ceases production, importation, exportation, destruction, transformation, use
as a process agent, or reclamation of all regulated
substances; and
(II) notifies the Administrator in writing that
the requirement under subclause (I) has been met.
(iii) BASELINE PERIOD.—Each report under
subparagraph (A) shall include, as applicable, the
information described in that subparagraph for the
baseline period of calendar years 2011 through 2013.
(2) COORDINATION.—The Administrator may allow any person subject to the requirements of paragraph (1)(A) to combine
and include the information required to be reported under
that paragraph with any other related information that the
person is required to report to the Administrator.
(e) PHASE-DOWN OF PRODUCTION AND CONSUMPTION OF REGULATED SUBSTANCES.—
(1) BASELINES.—

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2259

(A) IN GENERAL.—Subject to subparagraph (D), the
Administrator shall establish for the phase-down of regulated substances—
(i) a production baseline for the production of all
regulated substances in the United States, as described
in subparagraph (B); and
(ii) a consumption baseline for the consumption
of all regulated substances in the United States, as
described in subparagraph (C).
(B) PRODUCTION BASELINE DESCRIBED.—The production
baseline referred to in subparagraph (A)(i) is the quantity
equal to the sum of—
(i) the average annual quantity of all regulated
substances produced in the United States during the
period—
(I) beginning on January 1, 2011; and
(II) ending on December 31, 2013; and
(ii) the quantity equal to the sum of—
(I) 15 percent of the production level of
hydrochlorofluorocarbons in calendar year 1989;
and
(II) 0.42 percent of the production level of
chlorofluorocarbons in calendar year 1989.
(C)
CONSUMPTION
BASELINE
DESCRIBED.—The
consumption baseline referred to in subparagraph (A)(ii)
is the quantity equal to the sum of—
(i) the average annual quantity of all regulated
substances consumed in the United States during the
period—
(I) beginning on January 1, 2011; and
(II) ending on December 31, 2013; and
(ii) the quantity equal to the sum of—
(I) 15 percent of the consumption level of
hydrochlorofluorocarbons in calendar year 1989;
and
(II) 0.42 percent of the consumption level of
chlorofluorocarbons in calendar year 1989.
(D) EXCHANGE VALUES.—
(i) IN GENERAL.—For purposes of establishing the
baselines pursuant to subparagraphs (B) and (C), the
Administrator shall use the exchange values listed in
the table contained in subsection (c)(1) for regulated
substances and the following exchange values for
hydrochlorofluorocarbons and chlorofluorocarbons:

Time period.

Time period.

Table 2

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Chemical Name

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Common Name

Exchange
Value

CHFC12

HCFC–21

151

CHF2C1

HCFC–22

1810

C2HF3C12

HCFC–123

77

C2HF4C1

HCFC–124

609

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134 STAT. 2260

PUBLIC LAW 116–260—DEC. 27, 2020
Table 2
Chemical Name

Common Name

Exchange
Value

CH3CFC12

HCFC–141b

725

CH3CF2C1

HCFC–142b

2310

CF3CF2CHC12

HCFC–225ca

122

CF2C1CF2CHC1F

HCFC–225cb

595

Table 3
Chemical Name

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Exchange
Value

CFC13

CFC–11

4750

CF2C12

CFC–12

10900

C2F3C13

CFC–113

6130

C2F4C12

CFC–114

10000

C2F5C1

CFC–115

7370

(ii) REVIEW.—The Administrator may—
(I) review the exchange values listed in the
tables contained in clause (i) on a periodic basis;
and
(II) subject to notice and opportunity for public
comment, adjust the exchange values solely on
the basis of—
(aa) the best available science; and
(bb) other information consistent with
widely used or commonly accepted existing
exchange values.
(2) PRODUCTION AND CONSUMPTION PHASE-DOWN.—
(A) IN GENERAL.—During the period beginning on
January 1 of each year listed in the table contained in
subparagraph (C) and ending on December 31 of the year
before the next year listed on that table, except as otherwise permitted under this section, no person shall—
(i) produce a quantity of a regulated substance
without a corresponding quantity of production allowances, except as provided in paragraph (5);
(ii) consume a quantity of a regulated substance
without a corresponding quantity of consumption
allowances; or
(iii) hold, use, or transfer any production allowance
or consumption allowance allocated under this section
except in accordance with regulations promulgated by
the Administrator pursuant to subsection (g).
(B) COMPLIANCE.—For each year listed on the table
contained in subparagraph (C), the Administrator shall
ensure that the annual quantity of all regulated substances

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134 STAT. 2261

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produced or consumed in the United States does not exceed
the product obtained by multiplying—
(i) the production baseline or consumption baseline, as applicable; and
(ii) the applicable percentage listed on the table
contained in subparagraph (C).
(C) RELATION TO BASELINE.—On January 1 of each
year listed in the following table, the Administrator shall
apply the applicable percentage, as described in subparagraph (A):
Date

Percentage of
Production Baseline

Percentage of
Consumption
Baseline

2020–2023

90 percent

90 percent

2024–2028

60 percent

60 percent

2029–2033

30 percent

30 percent

2034–2035

20 percent

20 percent

2036 and thereafter

15 percent

15 percent

(D) ALLOWANCES.—
(i) QUANTITY.—Not later than October 1 of each
calendar year, the Administrator shall use the quantity
calculated under subparagraph (B) to determine the
quantity of allowances for the production and consumption of regulated substances that may be used for
the following calendar year.
(ii) NATURE OF ALLOWANCES.—
(I) IN GENERAL.—An allowance allocated under
this section—
(aa) does not constitute a property right;
and
(bb) is a limited authorization for the
production or consumption of a regulated substance under this section.
(II) SAVINGS PROVISION.—Nothing in this section or in any other provision of law limits the
authority of the United States to terminate or
limit an authorization described in subclause
(I)(bb).
(3) REGULATIONS REGARDING PRODUCTION AND CONSUMPTION OF REGULATED SUBSTANCES.—Not later than 270 days
after the date of enactment of this Act, which shall include
a period of notice and opportunity for public comment, the
Administrator shall issue a final rule—
(A) phasing down the production of regulated substances in the United States through an allowance allocation and trading program in accordance with this section;
and
(B) phasing down the consumption of regulated substances in the United States through an allowance allocation and trading program in accordance with the schedule

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Deadline.
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Allocation.
Time period.

Deadline.
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under paragraph (2)(C) (subject to the same exceptions
and other requirements as are applicable to the phasedown of production of regulated substances under this section).
(4) EXCEPTIONS; ESSENTIAL USES.—
(A) FEEDSTOCKS AND PROCESS AGENTS.—Except for the
reporting requirements described in subsection (d)(1), this
section does not apply to—
(i) a regulated substance that is used and entirely
consumed (except for trace quantities) in the manufacture of another chemical; or
(ii) a regulated substance that is used and not
entirely consumed in the manufacture of another chemical, if the remaining amounts of the regulated substance are subsequently destroyed.
(B) ESSENTIAL USES.—
(i) IN GENERAL.—Beginning on the date of enactment of this Act and subject to paragraphs (2) and
(3) and clauses (ii) and (iii), the Administrator may,
by rule, after considering technical achievability,
commercial demands, affordability for residential and
small business consumers, safety, and other relevant
factors, including overall economic costs and environmental impacts compared to historical trends, allocate
a quantity of allowances for a period of not more than
5 years for the production and consumption of a regulated substance exclusively for the use of the regulated
substance in an application, if—
(I) no safe or technically achievable substitute
will be available during the applicable period for
that application; and
(II) the supply of the regulated substance that
manufacturers or users of the regulated substance
for that application are capable of securing from
chemical manufacturers, as authorized under paragraph (2)(A), including any quantities of a regulated substance available from production or
import, is insufficient to accommodate the application.
(ii) PETITION.—If the Administrator receives a petition requesting the designation of an application as
an essential use under clause (i), the Administrator
shall—
(I) not later than 180 days after the date on
which the Administrator receives the petition—
(aa) make the complete petition available
to the public; and
(bb) when making the petition available
to the public under item (aa), propose and
seek public comment on—
(AA) a determination of whether to
designate the application as an essential
use; and
(BB) if the Administrator proposes to
designate the application as an essential
use, making the requisite allocation of
allowances; and

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134 STAT. 2263

(II) not later than 270 days after the date
on which the Administrator receives the petition,
take final action on the petition.
(iii) LIMITATION.—A person receiving an allocation
under clause (i) or (iv) or as a result of a petition
granted under clause (ii) may not produce or consume
a produced quantity of regulated substances that, considering the respective exchange values of the regulated substances, exceeds the number of allowances
issued under paragraphs (2) and (3) that are held
by that person.
(iv) MANDATORY ALLOCATIONS.—
(I) IN GENERAL.—Notwithstanding clause (i)
and subject to clause (iii) and paragraphs (2) and
(3), for the 5-year period beginning on the date
of enactment of this Act, the Administrator shall
allocate the full quantity of allowances necessary,
based on projected, current, and historical trends,
for the production or consumption of a regulated
substance for the exclusive use of the regulated
substance in an application solely for—
(aa) a propellant in metered-dose inhalers;
(bb) defense sprays;
(cc) structural composite preformed polyurethane foam for marine use and trailer use;
(dd) the etching of semiconductor material
or wafers and the cleaning of chemical vapor
deposition chambers within the semiconductor
manufacturing sector;
(ee) mission-critical military end uses,
such as armored vehicle engine and shipboard
fire suppression systems and systems used in
deployable and expeditionary applications; and
(ff) onboard aerospace fire suppression.
(II) REQUIREMENT.—The allocation of allowances under subclause (I) shall be determined
through a rulemaking.
(v) REVIEW.—
(I) IN GENERAL.—For each essential use
application receiving an allocation of allowances
under clause (i) or (iv), the Administrator shall
review the availability of substitutes, including any
quantities of the regulated substance available
from reclaiming or prior production, not less frequently than once every 5 years.
(II) EXTENSION.—If, pursuant to a review
under subclause (I), the Administrator determines,
subject to notice and opportunity for public comment, that the requirements described in subclauses (I) and (II) of clause (i) are met, the
Administrator shall authorize the production or
consumption, as applicable, of any regulated substance used in the application for renewable
periods of not more than 5 years for exclusive
use in the application.
(5) DOMESTIC MANUFACTURING.—Notwithstanding paragraph (2)(A)(i), the Administrator may, by rule, authorize a

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Regulations.

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person to produce a regulated substance in excess of the number
of production allowances held by that person, subject to the
conditions that—
(A) the authorization is—
(i) for a renewable period of not more than 5
years; and
(ii) subject to notice and opportunity for public
comment; and
(B) the production—
(i) is at a facility located in the United States;
(ii) is solely for export to, and use in, a foreign
country that is not subject to the prohibition in subsection (j)(1); and
(iii) would not violate paragraph (2)(B).
(f) ACCELERATED SCHEDULE.—
(1) IN GENERAL.—Subject to paragraph (4), the Administrator may, only in response to a petition submitted to the
Administrator in accordance with paragraph (3) and after notice
and opportunity for public comment, promulgate regulations
that establish a schedule for phasing down the production
or consumption of regulated substances that is more stringent
than the production and consumption levels of regulated substances required under subsection (e)(2)(C).
(2) REQUIREMENTS.—Any regulations promulgated under
this subsection—
(A) shall—
(i) apply uniformly to the allocation of production
and consumption allowances for regulated substances,
in accordance with subsection (e)(3);
(ii) ensure that there will be sufficient quantities
of regulated substances, including substances available
from reclaiming, prior production, or prior import, to
meet the needs for—
(I) applications that receive an allocation
under clause (i) of subsection (e)(4)(B); and
(II) all applications that receive a mandatory
allocation under items (aa) through (ff) of clause
(iv)(I) of that subsection; and
(iii) foster continued reclamation of and transition
from regulated substances; and
(B) shall not set the level of production allowances
or consumption allowances below the percentage of the
consumption baseline that is actually consumed during
the calendar year prior to the year during which the
Administrator makes a final determination with respect
to the applicable proposal described in paragraph
(3)(C)(iii)(I).
(3) PETITION.—
(A) IN GENERAL.—A person may petition the Administrator to promulgate regulations for an accelerated schedule
for the phase-down of production or consumption of regulated substances under paragraph (1).
(B) REQUIREMENT.—A petition submitted under
subparagraph (A) shall—
(i) be made at such time, in such manner, and
containing such information as the Administrator shall
require; and

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134 STAT. 2265

(ii) include a showing by the petitioner that there
are data to support the petition.
(C) TIMELINES.—
(i) IN GENERAL.—If the Administrator receives a
petition under subparagraph (A), the Administrator
shall—
(I) not later than 180 days after the date on
which the Administrator receives the petition—
(aa) make the complete petition available
to the public; and
(bb) when making the petition available
to the public under item (aa), propose and
seek public comment on the proposal of the
Administrator to grant or deny the petition;
and
(II) not later than 270 days after the date
on which the Administrator receives the petition,
take final action on the petition.
(ii) FACTORS FOR DETERMINATION.—In making a
determination to grant or deny a petition submitted
under subparagraph (A), the Administrator shall, to
the extent practicable, factor in—
(I) the best available data;
(II) the availability of substitutes for uses of
the regulated substance that is the subject of the
petition, taking into account technological
achievability, commercial demands, affordability
for residential and small business consumers,
safety, consumer costs, building codes, appliance
efficiency standards, contractor training costs, and
other relevant factors, including the quantities of
regulated substances available from reclaiming,
prior production, or prior import;
(III) overall economic costs and environmental
impacts, as compared to historical trends; and
(IV) the remaining phase-down period for
regulated substances under the final rule issued
under subsection (e)(3), if applicable.
(iii) REGULATIONS.—After receiving public comment with respect to the proposal under clause
(i)(I)(bb), if the Administrator makes a final determination to grant a petition under subparagraph (A), the
final regulations with respect to the petition shall—
(I) be promulgated by not later than 1 year
after the date on which the Administrator makes
the proposal to grant the petition under that
clause; and
(II) meet the requirements of paragraph (2).
(D) PUBLICATION.—When the Administrator makes a
final determination to grant or deny a petition under
subparagraph (A), the Administrator shall publish a
description of the reasons for that grant or denial, including
a description of the information considered under subclauses (I) through (IV) of subparagraph (C)(ii).
(E) INSUFFICIENT INFORMATION.—If the Administrator
determines that the data included under subparagraph

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(B)(ii) in a petition are not sufficient to make a determination under this paragraph, the Administrator shall use
any authority available to the Administrator to acquire
the necessary data.
(4) DATE OF EFFECTIVENESS.—The Administrator may not
promulgate under paragraph (1) a regulation for the production
or consumption of regulated substances that is more stringent
than the production or consumption levels required under subsection (e)(2)(C) that takes effect before January 1, 2025.
(5) REVIEW.—
(A) IN GENERAL.—The Administrator shall review the
availability of substitutes for regulated substances subject
to an accelerated schedule established under paragraph
(1) in each sector and subsector in which the regulated
substance is used, taking into account technological
achievability, commercial demands, safety, and other relevant factors, including the quantities of regulated substances available from reclaiming, prior production, or prior
import, by January 1, 2026 (for the first review), by
January 1, 2031 (for the second review), and at least once
every 5 years thereafter.
(B) PUBLIC AVAILABILITY.—The Administrator shall
make the results of a review conducted under subparagraph
(A) publicly available.
(6) SAVINGS PROVISION.—Nothing in this subsection authorizes the Administrator to promulgate regulations pursuant to
this subsection that establish a schedule for phasing down
the production or consumption of regulated substances that
is less stringent than the production and consumption levels
of regulated substances required under subsection (e)(2)(C).
(g) EXCHANGE AUTHORITY.—
(1) TRANSFERS.—Not later than 270 days after the date
of enactment of this Act, which shall include a period of notice
and opportunity for public comment, the Administrator shall
promulgate a final regulation that governs the transfer of allowances for the production of regulated substances under subsection (e)(3)(A) that uses—
(A) the applicable exchange values described in the
table contained in subsection (c)(1); or
(B) the exchange value described in the rule designating the substance as a regulated substance under subsection (c)(3).
(2) REQUIREMENTS.—The final rule promulgated pursuant
to paragraph (1) shall—
(A) ensure that the transfers under this subsection
will result in greater total reductions in the production
of regulated substances in each year than would occur
during the year in the absence of the transfers;
(B) permit 2 or more persons to transfer production
allowances if the transferor of the allowances will be subject, under the final rule, to an enforceable and quantifiable
reduction in annual production that—
(i) exceeds the reduction otherwise applicable to
the transferor under this section;
(ii) exceeds the quantity of production represented
by the production allowances transferred to the transferee; and

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(iii) would not have occurred in the absence of
the transaction; and
(C) provide for the trading of consumption allowances
in the same manner as is applicable under this subsection
to the trading of production allowances.
(h) MANAGEMENT OF REGULATED SUBSTANCES.—
(1) IN GENERAL.—For purposes of maximizing reclaiming
and minimizing the release of a regulated substance from equipment and ensuring the safety of technicians and consumers,
the Administrator shall promulgate regulations to control,
where appropriate, any practice, process, or activity regarding
the servicing, repair, disposal, or installation of equipment
(including requiring, where appropriate, that any such servicing, repair, disposal, or installation be performed by a trained
technician meeting minimum standards, as determined by the
Administrator) that involves—
(A) a regulated substance;
(B) a substitute for a regulated substance;
(C) the reclaiming of a regulated substance used as
a refrigerant; or
(D) the reclaiming of a substitute for a regulated substance used as a refrigerant.
(2) RECLAIMING.—
(A) IN GENERAL.—In carrying out this section, the
Administrator shall consider the use of authority available
to the Administrator under this section to increase
opportunities for the reclaiming of regulated substances
used as refrigerants.
(B) RECOVERY.—A regulated substance used as a refrigerant that is recovered shall be reclaimed before the regulated substance is sold or transferred to a new owner,
except where the recovered regulated substance is sold
or transferred to a new owner solely for the purposes
of being reclaimed or destroyed.
(3) COORDINATION.—In promulgating regulations to carry
out this subsection, the Administrator may coordinate those
regulations with any other regulations promulgated by the
Administrator that involve—
(A) the same or a similar practice, process, or activity
regarding the servicing, repair, disposal, or installation
of equipment; or
(B) reclaiming.
(4) INAPPLICABILITY.—No regulation promulgated pursuant
to this subsection shall apply to a regulated substance or a
substitute for a regulated substance that is contained in a
foam.
(5) SMALL BUSINESS GRANTS.—
(A) DEFINITION OF SMALL BUSINESS CONCERN.—In this
paragraph, the term ‘‘small business concern’’ has the same
meaning as in section 3 of the Small Business Act (15
U.S.C. 632).
(B) ESTABLISHMENT.—Subject to the availability of
appropriations, the Administrator shall establish a grant
program to award grants to small business concerns for
the purchase of new specialized equipment for the recycling,
recovery, or reclamation of a substitute for a regulated
substance, including the purchase of approved refrigerant

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Determination.

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publication.

Deadline.

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recycling equipment (as defined in section 609(b) of the
Clean Air Act (42 U.S.C. 7671h(b))) for recycling, recovery,
or reclamation in the service or repair of motor vehicle
air conditioning systems.
(C) MATCHING FUNDS.—The non-Federal share of a
project carried out with a grant under this paragraph shall
be not less than 25 percent.
(D) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this paragraph
$5,000,000 for each of fiscal years 2021 through 2023.
(i) TECHNOLOGY TRANSITIONS.—
(1) AUTHORITY.—Subject to the provisions of this subsection, the Administrator may by rule restrict, fully, partially,
or on a graduated schedule, the use of a regulated substance
in the sector or subsector in which the regulated substance
is used.
(2) NEGOTIATED RULEMAKING.—
(A) CONSIDERATION REQUIRED.—Before proposing a
rule for the use of a regulated substance for a sector or
subsector under paragraph (1), the Administrator shall consider negotiating with stakeholders in the sector or subsector subject to the potential rule in accordance with the
negotiated rulemaking procedure provided for under subchapter III of chapter 5 of title 5, United States Code
(commonly known as the ‘‘Negotiated Rulemaking Act of
1990’’).
(B) NEGOTIATED RULEMAKINGS.—If the Administrator
negotiates a rulemaking with stakeholders using the procedure described in subparagraph (A), the Administrator
shall, to the extent practicable, give priority to completing
that rulemaking over completing rulemakings under this
subsection that were not negotiated using that procedure.
(C) NO NEGOTIATED RULEMAKING.—If the Administrator does not negotiate a rulemaking with stakeholders
using the procedure described in subparagraph (A), the
Administrator shall, before commencement of the rulemaking process for a rule under paragraph (1), publish
an explanation of the decision of the Administrator to not
use that procedure.
(3) PETITIONS.—
(A) IN GENERAL.—A person may petition the Administrator to promulgate a rule under paragraph (1) for the
restriction on use of a regulated substance in a sector
or subsector, which shall include a request that the
Administrator negotiate with stakeholders in accordance
with paragraph (2)(A).
(B) RESPONSE.—The Administrator shall grant or deny
a petition under subparagraph (A) not later than 180 days
after the date of receipt of the petition.
(C) REQUIREMENTS.—
(i) EXPLANATION.—If the Administrator denies a
petition under subparagraph (B), the Administrator
shall publish in the Federal Register an explanation
of the denial.
(ii) FINAL RULE.—If the Administrator grants a
petition under subparagraph (B), the Administrator
shall promulgate a final rule not later than 2 years

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134 STAT. 2269

after the date on which the Administrator grants the
petition.
(iii) PUBLICATION OF PETITIONS.—Not later than
30 days after the date on which the Administrator
receives a petition under subparagraph (A), the
Administrator shall make that petition available to
the public in full.
(4) FACTORS FOR DETERMINATION.—In carrying out a rulemaking using the procedure described in paragraph (2) or
making a determination to grant or deny a petition submitted
under paragraph (3), the Administrator shall, to the extent
practicable, factor in—
(A) the best available data;
(B) the availability of substitutes for use of the regulated substance that is the subject of the rulemaking or
petition, as applicable, in a sector or subsector, taking
into account technological achievability, commercial
demands, affordability for residential and small business
consumers, safety, consumer costs , building codes, appliance efficiency standards, contractor training costs, and
other relevant factors, including the quantities of regulated
substances available from reclaiming, prior production, or
prior import;
(C) overall economic costs and environmental impacts,
as compared to historical trends; and
(D) the remaining phase-down period for regulated substances under the final rule issued under subsection (e)(3),
if applicable.
(5) EVALUATION.—In carrying out this subsection, the
Administrator shall—
(A) evaluate substitutes for regulated substances in
a sector or subsector, taking into account technological
achievability, commercial demands, safety, overall economic
costs and environmental impacts, and other relevant factors; and
(B) make the evaluation under subparagraph (A) available to the public, including the factors associated with
the safety of those substitutes.
(6) EFFECTIVE DATE OF RULES.—No rule under this subsection may take effect before the date that is 1 year after
the date on which the Administrator promulgates the applicable
rule under this subsection.
(7) APPLICABILITY.—
(A) DEFINITION OF RETROFIT.—In this paragraph, the
term ‘‘retrofit’’ means to upgrade existing equipment where
the regulated substance is changed, which—
(i) includes the conversion of equipment to achieve
system compatibility; and
(ii) may include changes in lubricants, gaskets,
filters, driers, valves, o-rings, or equipment components
for that purpose.
(B) APPLICABILITY OF RULES.—A rule promulgated
under this subsection shall not apply to—
(i) an essential use under clause (i) or (iv) of subsection (e)(4)(B), including any use for which the
production or consumption of the regulated substance
is extended under clause (v)(II) of that subsection; or

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Public
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(ii) except for a retrofit application, equipment in
existence in a sector or subsector before the date of
enactment of this Act.
(j) INTERNATIONAL COOPERATION.—
(1) IN GENERAL.—Subject to paragraph (2), no person subject to the requirements of this section shall trade or transfer
a production allowance or, after January 1, 2033, export a
regulated substance to a person in a foreign country that,
as determined by the Administrator, has not enacted or otherwise established within a reasonable timeframe after the date
of enactment of this Act the same or similar requirements
or otherwise undertaken commitments regarding the production
and consumption of regulated substances as are contained in
this section.
(2) TRANSFERS.—Pursuant to paragraph (1), a person in
the United States may engage in a trade or transfer of a
production allowance—
(A) to a person in a foreign country if, at the time
of the transfer, the Administrator revises the number of
allowances for production under subsection (e)(2), as
applicable, for the United States such that the aggregate
national production of the regulated substance to be traded
under the revised production limits is equal to the least
of—
(i) the maximum production level permitted for
the applicable regulated substance in the year of the
transfer under this section, less the production allowances transferred;
(ii) the maximum production level permitted for
the applicable regulated substances in the transfer
year under applicable law, less the production allowances transferred; and
(iii) the average of the actual national production
level of the applicable regulated substances for the
3-year period ending on the date of the transfer, less
the production allowances transferred; or
(B) from a person in a foreign country if, at the time
of the trade or transfer, the Administrator finds that the
foreign country has revised the domestic production limits
of the regulated substance in the same manner as provided
with respect to transfers by a person in United States
under this subsection.
(3) EFFECT OF TRANSFERS ON PRODUCTION LIMITS.—The
Administrator may—
(A) reduce the production limits established under subsection (e)(2)(B) as required as a prerequisite to a transfer
described in paragraph (2)(A); or
(B) increase the production limits established under
subsection (e)(2)(B) to reflect production allowances
acquired under a trade or transfer described in paragraph
(2)(B).
(4) REGULATIONS.—The Administrator shall—
(A) not later than 1 year after the date of enactment
of this Act, promulgate a final rule to carry out this subsection; and

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(B) not less frequently than annually, review and, if
necessary, revise the final rule promulgated pursuant to
subparagraph (A).
(k) RELATIONSHIP TO OTHER LAW.—
(1) IMPLEMENTATION.—
(A) RULEMAKINGS.—The Administrator may promulgate such regulations as are necessary to carry out the
functions of the Administrator under this section.
(B) DELEGATION.—The Administrator may delegate to
any officer or employee of the Environmental Protection
Agency such of the powers and duties of the Administrator
under this section as the Administrator determines to be
appropriate.
(C) CLEAN AIR ACT.—Sections 113, 114, 304, and 307
of the Clean Air Act (42 U.S.C. 7413, 7414, 7604, 7607)
shall apply to this section and any rule, rulemaking, or
regulation promulgated by the Administrator pursuant to
this section as though this section were expressly included
in title VI of that Act (42 U.S.C. 7671 et seq.).
(2) PREEMPTION.—
(A) IN GENERAL.—Subject to subparagraph (B), during
the 5-year period beginning on the date of enactment of
this Act, and with respect to an exclusive use for which
a mandatory allocation of allowances is provided under
subsection (e)(4)(B)(iv)(I), no State or political subdivision
of a State may enforce a statute or administrative action
restricting the management or use of a regulated substance
within that exclusive use.
(B) EXTENSION.—
(i) IN GENERAL.—Subject to clause (ii), if, pursuant
to subclause (I) of subsection (e)(4)(B)(v), the Administrator authorizes an additional period under subclause
(II) of that subsection for the production or consumption of a regulated substance for an exclusive use
described in subparagraph (A), no State or political
subdivision of a State may enforce a statute or administrative action restricting the management or use of
the regulated substance within that exclusive use for
the duration of that additional period.
(ii) LIMITATION.—The period for which the limitation under clause (i) applies shall not exceed 5 years
from the date on which the period described in
subparagraph (A) ends.

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Determination.

Applicability.

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Applicability.
Time period.

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134 STAT. 2272

PUBLIC LAW 116–260—DEC. 27, 2020

DIVISION T—SMITHSONIAN AMERICAN
WOMEN’S HISTORY MUSEUM ACT AND
NATIONAL MUSEUM OF THE AMERICAN LATINO
TITLE I—SMITHSONIAN AMERICAN
WOMEN’S HISTORY MUSEUM ACT

Smithsonian
American
Women’s History
Museum Act.
20 USC 80t note.

SEC. 101. SHORT TITLE.

This title may be cited as the ‘‘Smithsonian American Women’s
History Museum Act’’.

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20 USC 80t.

SEC. 102. FINDINGS.

Congress finds the following:
(1) Since its founding, the United States has greatly benefitted from the contributions of women.
(2) Historical accounts, monuments, memorials, and
museums disproportionately represent men’s achievements and
contributions and often neglect those of women. For example—
(A) a study of 18 United States history textbooks concluded that 10 percent of the material documented contributions of women;
(B) 9 statues out of 91 in the United States Capitol’s
National Statuary Hall depict women; and
(C) only one of the 44 monuments operated by the
National Park Service specifically honors the achievements
of women after the 2016 designation of the Belmont-Paul
Women’s Equality National Monument.
(3) There exists no national museum in the United States
that is devoted to the documentation of women’s contributions
throughout the Nation’s history.
(4) On December 19, 2014, Congress created a Congressional Commission to study the potential for an American
museum of women’s history. The bipartisan Commission unanimously concluded that the United States needs and deserves
a physical national museum dedicated to showcasing the historical experiences and impact of women in the United States.
(5) A comprehensive women’s history museum would document the full spectrum of the experiences of women in the
United States, represent a diverse range of viewpoints, experiences, and backgrounds, more accurately depict the history
of the United States, and add value to the Smithsonian Institution.
(6) The collections, exhibits, historical narrative materials,
and museum programming of the women’s history museum
should be inclusive, comprehensive, and innovative. Such collections, exhibits, materials, and programming should present the
diverse range of experiences and viewpoints of all women in
the United States, reflecting upon the things that set women
apart from one another while also highlighting the experiences
that many of these women share.

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134 STAT. 2273

SEC. 103. ESTABLISHMENT OF MUSEUM.

20 USC 80t–1.

(a) ESTABLISHMENT.—There is established within the Smithsonian Institution a comprehensive women’s history museum, to be
named by the Board of Regents in consultation with the council
established under section 104 (referred to in this Act as the
‘‘Museum’’).
(b) PURPOSE.—The purpose of the Museum established under
this section shall be to provide for—
(1) the collection and study of, and the establishment of
programs relating to, women’s contributions to various fields
and throughout different periods of history that have influenced
the direction of the United States;
(2) collaboration with other Smithsonian Institution
museums and facilities, outside museums, and educational
institutions; and
(3) the creation of exhibitions and programs that recognize
diverse perspectives on women’s history and contributions.

Consultation.

SEC. 104. COUNCIL.

20 USC 80t–2.

(a) ESTABLISHMENT.—There is established within the Smithsonian Institution a council to carry out the duties set forth under
subsection (b) and other provisions of this Act (referred to in this
section as the ‘‘Council’’).
(b) DUTIES.—
(1) IN GENERAL.—The Council established under this section shall—
(A) make recommendations to the Board of Regents
concerning the planning, design, and construction of the
Museum;
(B) advise and assist the Board of Regents on all
matters relating to the administration, operation, maintenance, and preservation of the Museum;
(C) recommend annual operating budgets for the
Museum to the Board of Regents;
(D) report annually to the Board of Regents on the
acquisition, disposition, and display of objects relating to
women’s art, history, and culture; and
(E) adopt bylaws for the operation of the Council.
(2) PRINCIPAL RESPONSIBILITIES.—The Council, subject to
the general policies of the Board of Regents, shall have sole
authority to—
(A) purchase, accept, borrow, and otherwise acquire
artifacts for addition to the collections of the Museum;
(B) loan, exchange, sell, and otherwise dispose of any
part of the collections of the Museum, but only if the
funds generated by that disposition are used for additions
to the collections of the Museum; or
(C) specify criteria with respect to the use of the collections and resources of the Museum, including policies on
programming, education, exhibitions, and research with
respect to—
(i) the life, art, history, and culture of women;
(ii) the role of women in the history of the United
States; and
(iii) the contributions of women to society.
(3) OTHER RESPONSIBILITIES.—The Council, subject to the
general policies of the Board of Regents, shall have authority—

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134 STAT. 2274

(A) to provide for preservation, restoration, and maintenance of the collections of the Museum; and
(B) to solicit, accept, use, and dispose of gifts, bequests,
and devises of personal property for the purpose of aiding
and facilitating the work of the Museum.
(4) ENSURING DIVERSITY OF POLITICAL VIEWPOINTS IN
EXHIBITS AND PROGRAMS.—In carrying out its duties, the
Council shall ensure that the exhibits and programs of the
Museum reflect, to the extent practicable, an equal representation of the diversity of the political viewpoints held by women
of the United States on the events and issues relating to the
history of women in the United States.
(c) COMPOSITION AND APPOINTMENT.—
(1) IN GENERAL.—The Council shall be composed of 25
voting members as provided under paragraph (2).
(2) VOTING MEMBERS.—The Council shall include the following voting members:
(A) One member appointed by the majority leader of
the Senate.
(B) One member appointed by the minority leader of
the Senate.
(C) One member appointed by the Speaker of the House
of Representatives.
(D) One member appointed by the minority leader
of the House of Representatives.
(E) The Secretary of the Smithsonian Institution.
(F) One member of the Board of Regents, appointed
by the Board of Regents.
(G) Nineteen individuals appointed by the Board of
Regents. In appointing members under this subparagraph,
the Board of Regents should give special consideration
to appointing—
(i) members of the Congressional Commission;
(ii) board members of the National Women’s History Museum, a nonprofit, educational organization
described in section 501(c)(3) of the Internal Revenue
Code of 1986 that was incorporated in 1996 in the
District of Columbia and that is dedicated for the purpose of establishing a women’s history museum; and
(iii) scholars and representatives of organizations
that are committed to the study of women’s history.
(3) INITIAL APPOINTMENTS.—The Board of Regents shall
make initial appointments to the Council under paragraph
(2) not later than 180 days after the date of the enactment
of this Act.
(d) TERMS.—
(1) IN GENERAL.—Except as provided in this subsection,
each appointed member of the Council shall be appointed for
a term of 3 years.
(2) INITIAL APPOINTEES.—As designated by the Board of
Regents at the time of appointment, of the voting members
first appointed under subparagraph (G) of subsection (c)(2)—
(A) 7 members shall be appointed for a term of 1
year;
(B) 6 members shall be appointed for a term of 2
years; and

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(C) 6 members shall be appointed for a term of 3
years.
(3) REAPPOINTMENT.—A member of the Council may be
reappointed, except that no individual may serve on the Council
for a total of more than 2 terms. For purposes of this paragraph,
the number of terms an individual serves on the Council shall
not include any portion of a term for which an individual
is appointed to fill a vacancy under paragraph (4)(B).
(4) VACANCIES.—
(A) IN GENERAL.—A vacancy on the Council—
(i) shall not affect the powers of the Council; and
(ii) shall be filled in the same manner as the
original appointment was made.
(B) TERM.—Any member of the Council appointed to
fill a vacancy occurring before the expiration of the term
for which the member’s predecessor was appointed shall
be appointed for the remainder of that term.
(e) COMPENSATION.—
(1) IN GENERAL.—Except as provided in paragraph (2), a
member of the Council shall serve without pay.
(2) TRAVEL EXPENSES.—A member of the Council shall be
allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under
subchapter I of chapter 57 of title 5, United States Code,
while away from the home or regular place of business of
the member in the performance of the duties of the Council.
(f) CHAIRPERSON.—By a majority vote of its voting members,
the Council shall elect a chairperson from its members.
(g) MEETINGS.—
(1) IN GENERAL.—The Council shall meet at the call of
the chairperson or on the written request of a majority of
the voting members of the Council, but not fewer than twice
each year.
(2) INITIAL MEETINGS.—During the 1-year period beginning
on the date of the first meeting of the Council, the Council
shall meet not fewer than 4 times for the purpose of carrying
out the duties of the Council under this Act.
(h) QUORUM.—A majority of the voting members of the Council
holding office shall constitute a quorum for the purpose of conducting business, but a lesser number may receive information
on behalf of the Council.

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SEC. 105. DIRECTOR AND STAFF OF THE MUSEUM.

(a) DIRECTOR.—
(1) IN GENERAL.—The Museum shall have a Director who
shall be appointed by the Secretary, taking into consideration
individuals recommended by the council established under section 104.
(2) DUTIES.—The Director shall manage the Museum subject to the policies of the Board of Regents.
(b) STAFF.—The Secretary may appoint 2 additional employees
to serve under the Director, except that such additional employees
may be appointed without regard to the provisions of title 5, United
States Code, governing appointments in the competitive service.
(c) PAY.—The employees appointed by the Secretary under subsection (b) may be paid without regard to the provisions of chapter
51 and subchapter III of chapter 53 of title 5, United States Code,

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Time period.

Appointments.
20 USC 80t–3.

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PUBLIC LAW 116–260—DEC. 27, 2020

relating to classification of positions and General Schedule pay
rates.
20 USC 80t–4.

SEC. 106. EDUCATIONAL AND LIAISON PROGRAMS.

(a) PROGRAMS AUTHORIZED.—The Director of the Museum may
carry out educational and liaison programs in support of the goals
of the Museum.
(b) COLLABORATION WITH SCHOOLS.—In carrying out this section, the Director shall carry out educational programs in collaboration with elementary schools, secondary schools, and postsecondary
schools.
20 USC 80t–5.

SEC. 107. BUILDING.

Deadline.

District of
Columbia.

Cost estimate.
Assessment.

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(a) LOCATION.—
(1) IN GENERAL.—Not later than 2 years after the date
of the enactment of this Act, the Board of Regents shall designate a site for the Museum.
(2) SITES FOR CONSIDERATION.—In designating a site under
paragraph (1), the Board of Regents shall—
(A) select a site in the District of Columbia; and
(B) include the consideration of the following sites:
(i) The site known as the ‘‘South Monument site’’,
located on the National Mall and bordered by 14th
Street Northwest, Jefferson Drive Southwest, Raoul
Wallenberg Place Southwest, and Independence Ave
Southwest.
(ii) The Northwest United States Capitol site, bordered by 3rd Street Northwest, Constitution Avenue
Northwest, 1st Street Northwest, and Pennsylvania
Ave Northwest.
(3) FACTORS CONSIDERED.—In designating a site under
paragraph (1), the Board of Regents shall take into consideration each of the following factors:
(A) An estimate of the costs associated with each potential site.
(B) An assessment of the suitability of the space of
each potential site, including size, proximity to other
buildings and transportation, and other external environmental conditions, as appropriate.
(C) The recommendations of the Congressional
Commission.
(4) CONSULTATION.—The Board of Regents shall carry out
its duties under this subsection in consultation with each of
the following:
(A) The Chair of the National Capital Planning
Commission.
(B) The Director of the National Park Service.
(C) The Chair of the National Capital Memorial
Advisory Commission.
(D) The Chair of the Commission on Fine Arts.
(E) The Chair of the Congressional Commission.
(F) The Architect of the Capitol.
(G) The chair and ranking member of each of the
following committees:
(i) The Committee on Rules and Administration
of the Senate.
(ii) The Committee on House Administration of
the House of Representatives.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2277

(iii) The Committee on Energy and Natural
Resources of the Senate.
(iv) The Committee on Natural Resources of the
House of Representatives.
(v) The Committee on Transportation and Infrastructure of the House of Representatives.
(vi) The Committee on Appropriations of the House
of Representatives.
(vii) The Committee on Appropriations of the
Senate.
(5) INTENT OF CONGRESS.—It is the intent of Congress
that the Museum be located on or near the National Mall,
to the maximum extent practicable, in accordance with this
section.
(b) SITE UNDER THE JURISDICTION OF ANOTHER FEDERAL
AGENCY.—
(1) WRITTEN NOTIFICATION OF AGREEMENT.—The Board of
Regents shall not designate a site for the Museum that is
under the administrative jurisdiction of another Federal agency
or entity unless the head of the Federal agency or entity submits to each of the committees described in subsection (a)(4)(G)
written notification stating that the head of the Federal agency
or entity concurs with locating the Museum on the land or
in the structure that is under the administrative jurisdiction
of the Federal agency or entity.
(2) TRANSFER.—As soon as practicable after the date on
which Congress receives the written notification described in
paragraph (1), the head of the Federal agency or entity shall
transfer to the Smithsonian Institution its administrative jurisdiction over the land or structure that has been designated
as the site for the Museum.
(c) CONSTRUCTION OF BUILDING.—The Board of Regents, in
consultation with the council established under section 104, may
plan, design, and construct a building for the Museum, which
shall be located at the site designated by the Board of Regents
under subsection (a), in accordance with this section.
(d) COMMEMORATIVE WORKS ACT.—Chapter 89 of title 40,
United States Code, shall not apply with respect to the Museum,
except that the Museum shall not be located in the Reserve (as
defined in section 8902(a) of that title).
(e) COST SHARING.—The Board of Regents shall pay—
(1) 50 percent of the costs of carrying out this section
from Federal funds; and
(2) 50 percent of the costs of carrying out this section
from non-Federal sources.

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SEC. 108. DEFINITIONS.

20 USC 80t–6.

In this Act, the following definitions apply:
(1) The term ‘‘Board of Regents’’ means the Board of
Regents of the Smithsonian Institution.
(2) The term ‘‘Congressional Commission’’ means the
Commission to Study the Potential Creation of a National
Women’s History Museum, established under section 3056 of
the Military Construction Authorization Act for Fiscal Year
2015 (Public Law 113–291; 128 Stat. 3810).
(3) The term ‘‘Secretary’’ means the Secretary of the
Smithsonian Institution.

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134 STAT. 2278
20 USC 80t–7.

PUBLIC LAW 116–260—DEC. 27, 2020

SEC. 109. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—There are authorized to be appropriated to
the Smithsonian Institution to carry out this Act, including the
planning, design, construction, and operation of the Museum established under section 103, such sums as may be necessary for fiscal
year 2020 and each succeeding fiscal year.
(b) AVAILABILITY.—Amounts appropriated pursuant to the
authorization under this section shall remain available until
expended.
(c) USE OF FUNDS FOR FUNDRAISING.—Amounts appropriated
pursuant to the authorization under this section may be used to
conduct fundraising in support of the Museum from private sources.

TITLE II—NATIONAL MUSEUM OF THE
AMERICAN LATINO

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20 USC 80u.

SEC. 201. NATIONAL MUSEUM OF THE AMERICAN LATINO.

(a) FINDINGS.—Congress finds the following:
(1) The United States is a symbol of democracy, freedom,
and economic opportunity around the world, and the legacy
of Latinos is deeply rooted in the very fabric of the history,
democracy, freedom, and economic opportunity of the United
States.
(2) There exists no national museum within the Smithsonian Institution that is devoted to the documentation and explication of Latino life, art, history, and culture.
(3) The establishment of the National Museum of the American Latino will be consistent with the purposes of the Smithsonian Institution, created by Congress in 1846, ‘‘for the increase
and diffusion of knowledge’’.
(4) The National Museum of the American Latino—
(A) will be the keystone for people in the United States
and other Smithsonian Institution visitors to learn about
Latino contributions to life, art, history, and culture in
the United States at its signature location on the National
Mall; and
(B) will serve as a gateway for visitors to view other
Latino exhibitions, collections, and programming at other
Smithsonian Institution facilities and museums throughout
the United States and the territories of the United States.
(b) DEFINITIONS.—In this section:
(1) BOARD OF REGENTS.—The term ‘‘Board of Regents’’
means the Board of Regents of the Smithsonian Institution.
(2) BOARD OF TRUSTEES.—The term ‘‘Board of Trustees’’
means the Board of Trustees of the National Museum of the
American Latino as established by subsection (d).
(3) DIRECTOR.—The term ‘‘Director’’ means the Director
of the National Museum of the American Latino.
(4) MUSEUM.—The term ‘‘Museum’’ means the National
Museum of the American Latino established by subsection (c).
(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Smithsonian Institution.
(c) ESTABLISHMENT OF MUSEUM.—

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134 STAT. 2279

(1) ESTABLISHMENT.—There is established within the
Smithsonian Institution a museum to be known as the
‘‘National Museum of the American Latino’’.
(2) PURPOSES.—The purposes of the Museum are—
(A) to illuminate the story of the United States for
the benefit of all by featuring Latino contributions; and
(B) to provide for—
(i) the collection, study, research, publication, and
establishment of exhibitions and programs relating to
Latino life, art, history, and culture that encompass—
(I) Latino contributions to the early history
of what now encompasses the United States of
America and its territories;
(II) Latino contributions in the armed services
from the earliest days of the American Revolution
to current military activities in defense of our freedoms;
(III) Latino contributions to the freedom, wellbeing, and economic prosperity of all people in
the United States through historical movements;
(IV) entrepreneurial and charitable activities
of Latinos;
(V) contributions by Latinos to—
(aa) the social, natural, and physical
sciences; and
(bb) art, history, and culture, including
food, music, dance, film, theater, sports, and
other forms of popular culture in the United
States; and
(ii) collaboration between the Museum, other
museums and research centers of the Smithsonian
Institution, and other museums and educational
institutions throughout the United States and abroad,
to promote the study and appreciation of Latino life,
art, history, culture, and its impact on society in the
United States, including collaboration concerning joint
research projects, programs, exhibitions, collection
management, and training of museum staff.
(d) BOARD OF TRUSTEES.—
(1) ESTABLISHMENT.—There is established within the
Smithsonian Institution a Board of Trustees of the Museum
with the duties, powers, and authority specified in this subsection.
(2) DUTIES.—
(A) IN GENERAL.—The Board of Trustees—
(i) shall—
(I) make recommendations to the Board of
Regents concerning the location, planning, design,
and construction of the Museum;
(II) recommend annual operating budgets for
the Museum to the Board of Regents;
(III) adopt bylaws for the Board of Trustees;
(IV) report annually to the Board of Regents
on the acquisition, disposition, and display of
Latino collections, objects and artifacts, and on
other appropriate matters; and

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134 STAT. 2280

PUBLIC LAW 116–260—DEC. 27, 2020
(V) advise and assist the Board of Regents
on all matters relating to the administration, operation, maintenance, and preservation of the
Museum, including long-term maintenance; and
(ii) may delegate the duties described in subclauses
(I) through (IV) of clause (i) to the Director.
(B) PRINCIPAL RESPONSIBILITIES.—Subject to the general policies of the Board of Regents, the Board of Trustees
shall have the sole authority to—
(i) purchase, accept, borrow, or otherwise acquire
artifacts and other objects for addition to the collections
of the Museum;
(ii) loan, exchange, sell, or otherwise dispose of
any part of the collections of the Museum, with the
proceeds of such transactions to be used for additions
to the collections of the Museum; and
(iii) specify criteria with respect to the use of the
collections and resources of the Museum, including
policies on programming, education, exhibitions, and
research with respect to—
(I) the life, art, history, culture, and other
aspects of Latinos in the United States and the
territories of the United States;
(II) the role of Latinos in the history of the
United States from the arrival of the first explorers
to the Americas to the present;
(III) the contributions of Latinos to society
and culture in the United States, and exploring
what it means to be an American; and
(IV) sharing how values in the United States
such as resiliency, optimism, and spirituality are
reflected in Latino history and culture.
(C) OTHER RESPONSIBILITIES.—Subject to the general
policies of the Board of Regents, the Board of Trustees
shall have authority to—
(i) provide for preservation, restoration, and
maintenance of the collections of the Museum; and
(ii) solicit, accept, use, and dispose of gifts,
bequests, and devises of personal and real property
for the purpose of aiding and facilitating the work
of the Museum.
(D) ENSURING DIVERSITY OF POLITICAL VIEWPOINTS IN
EXHIBITS AND PROGRAMS.—In carrying out its duties, the
Board of Trustees shall ensure that the exhibits and programs of the Museum reflect the diversity of the political
viewpoints held by Latinos of the United States on the
events and issues relating to the history of Latinos in
the United States.
(3) COMPOSITION AND APPOINTMENT.—
(A) IN GENERAL.—The Board of Trustees shall be composed of not more than 19 voting members as provided
under subparagraph (B).
(B) VOTING MEMBERS.—The Board of Trustees shall
include the following voting members:
(i) The Secretary of the Smithsonian Institution.
(ii) The Under Secretary of Museums and Research
of the Smithsonian Institution.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2281

(iii) The chair of the Smithsonian National Latino
Board.
(iv) One member of the Board of Regents,
appointed by the Board of Regents.
(v) Two Members of Congress, one from each political party, designated by the Congressional Hispanic
Caucus and the Congressional Hispanic Conference.
(vi) Thirteen individuals who shall be appointed
by the Board of Regents after taking into consideration—
(I) efforts to have a politically and geographically diverse representation on the Board of
Trustees reflecting States and territories with
significant Latino populations;
(II) individuals recommended by members of
the Board of Trustees; and
(III) individuals recommended by organizations and entities that are committed to the
advancement of knowledge of Latino life, art, history, and culture.
(C) INITIAL APPOINTMENTS.—The Board of Regents
shall make initial appointments to the Board of Trustees
under subparagraph (B) not later than 180 days after the
date of enactment of this Act.
(4) TERMS OF SERVICE.—
(A) IN GENERAL.—Except as provided in this paragraph,
each appointed member of the Board of Trustees shall
be appointed for a term of 3 years.
(B) INITIAL APPOINTEES.—As designated by the Board
of Regents at the time of appointment, of the voting members first appointed under clause (vi) of paragraph (3)(B)—
(i) Five members shall be appointed for a term
of 1 year;
(ii) Four members shall be appointed for a term
of 2 years; and
(iii) Four members shall be appointed for a term
of 3 years.
(C) REAPPOINTMENT.—A member of the Board of
Trustees may be reappointed, except that no individual
may serve on the Board of Trustees for a total of more
than 2 full terms. For purposes of this subparagraph, the
number of terms an individual serves on the Board of
Trustees shall not include any portion of a term for which
an individual is appointed to fill a vacancy under subparagraph (D)(ii).
(D) VACANCIES.—
(i) IN GENERAL.—A vacancy on the Board of
Trustees—
(I) shall not affect the powers of the Board
of Trustees; and
(II) shall be filled in the same manner as
the original appointment was made.
(ii) TERM.—Any member of the Board of Trustees
appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor
was appointed shall be appointed for the remainder
of that term.

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Appointments.

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(5) COMPENSATION.—
(A) IN GENERAL.—Except as provided in subparagraph
(B), a member of the Board of Trustees shall serve without
pay.
(B) TRAVEL EXPENSES.—A member of the Board of
Trustees shall be allowed travel expenses, including per
diem in lieu of subsistence, at rates authorized for an
employee of an agency under subchapter I of chapter 57
of title 5, United States Code, while away from the home
or regular place of business of the member in the performance of the duties of the Board of Trustees.
(6) CHAIRPERSON.—By a majority vote of its voting members, the Board of Trustees shall elect a chairperson from
its members.
(7) MEETINGS.—
(A) IN GENERAL.—The Board of Trustees shall meet
at the call of the chairperson or on the written request
of a majority of the voting members of the Board of
Trustees, but not fewer than twice each year.
(B) MEETING FORMAT.—Regularly scheduled meetings
and special meetings may be conducted in-person, telephonically, electronically, or by any means appropriate as
determined by the chairperson.
(8) QUORUM.—A majority of the voting members of the
Board of Trustees holding office shall constitute a quorum
for the purpose of conducting business, but a lesser number
may receive information on behalf of the Board of Trustees.
(e) DIRECTOR AND STAFF OF MUSEUM.—
(1) DIRECTOR.—
(A) IN GENERAL.—The Museum shall have a Director
who shall be appointed by the Secretary in consultation
with Board of Trustees. The Secretary may appoint an
interim Director to oversee the initial activity of establishing the Museum until a permanent Director is selected.
(B) DUTIES.—The Director shall manage the Museum
subject to the policies of the Board of Regents and the
Board of Trustees.
(2) STAFF.—The Secretary may appoint two additional
employees to serve under the Director, except that such additional employees may be appointed without regard to the provisions of title 5, United States Code, governing appointments
in the competitive service.
(3) PAY.—The employees appointed by the Secretary under
paragraph (2) may be paid without regard to the provisions
of chapter 51 and subchapter III of chapter 53 of title 5,
United States Code, relating to classification of positions and
General Schedule pay rates.
(f) EDUCATIONAL AND LIAISON PROGRAMS.—
(1) IN GENERAL.—
(A) PROGRAMS AUTHORIZED.—The Director of the
Museum may carry out educational and liaison programs
in support of the goals of the Museum.
(B) SPECIFIC ACTIVITIES.—In carrying out this subsection, the Director shall—
(i) carry out educational programs relating to
Latino life, art, history, and culture, including—

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2283

(I) programs using digital, electronic, and
interactive technologies; and
(II) programs carried out in collaboration with
elementary schools, secondary schools, and postsecondary schools; and
(ii) consult with the Director of the Institute of
Museum and Library Services concerning the grant
programs carried out under paragraph (2).
(2) GRANT PROGRAMS.—
(A) IN GENERAL.—The Director of the Institute of
Museum and Library Services, in consultation with the
Board of Trustees and the Director of the Museum, shall
establish and carry out—
(i) a grant program with the purpose of improving
operations, care of collections, culturally appropriate
public outreach, and development of professional
management at American Latino museums;
(ii) a grant program with the purpose of providing
internship and fellowship opportunities at American
Latino museums;
(iii) a scholarship program, in partnership with
Hispanic-serving institutions, minority-serving institutions, historically black colleges and universities, and
other institutions of higher education, with the purpose
of assisting individuals who are pursuing careers or
carrying out studies in the arts, humanities, and
sciences in the study of American Latino life, art, history, and culture;
(iv) in cooperation with other museums, historical
societies, and educational institutions, a grant program
with the purpose of promoting the understanding of
the Latin American diaspora in the United States;
and
(v) a grant program under which an American
Latino museum (including a nonprofit education
organization the primary mission of which is to promote the study of the Latin American diaspora in
the United States) may use funds provided under the
grant to increase an endowment fund established by
the museum (or organization) as of October 1, 2020,
for the purposes of enhancing educational programming, and maintaining and operating traveling educational exhibits.
(B) CLARIFICATION OF TREATMENT OF MUSEUM.—In this
paragraph, the term ‘‘American Latino museum’’ does not
include the Museum.
(C) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to the Institute of Museum
and Library Services to carry out this paragraph—
(i) $15,000,000 for fiscal year 2021; and
(ii) such sums as may be necessary for fiscal year
2022 and each succeeding fiscal year.
(g) NATIONAL MUSEUM OF THE AMERICAN LATINO BUILDING
AND SUPPORT FACILITIES.—
(1) IN GENERAL.—
(A) LOCATION.—

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134 STAT. 2284

PUBLIC LAW 116–260—DEC. 27, 2020
(i) IN GENERAL.—Not later than 2 years after the
date of enactment of this Act, the Board of Regents
shall designate a site for the Museum.
(ii) SITES FOR CONSIDERATION.—In designating a
site under clause (i), the Board of Regents shall—
(I) select a site in the District of Columbia;
and
(II) include the consideration of the following
sites:
(aa) The Arts and Industries Building of
the Smithsonian Institution, located on the
National Mall at 900 Jefferson Drive, Southwest, Washington, District of Columbia.
(bb) A vacant area bounded by Independence
Avenue,
Jefferson
Drive,
Raoul
Wallenberg Place, and 14th Street Southwest,
currently under the jurisdiction of the
National Park Service.
(cc) The area bounded by 3rd Street and
1st Street, Northwest and Constitution
Avenue and Pennsylvania Avenue, Northwest,
as measured from curb to curb, currently
under the jurisdiction of the Architect of the
Capitol.
(dd) The facility and grounds on the
National Mall between 12th and 14th Streets,
Southwest, and Jefferson Drive and Independence Avenue, Southwest, currently under the
jurisdiction of the Department of Agriculture.
(iii) FACTORS CONSIDERED.—In designating a site
under clause (i), the Board of Regents shall take into
consideration each of the following factors:
(I) An estimate of the costs associated with
each potential site.
(II) An assessment of the suitability of the
space of each potential site, including size, proximity to other buildings and transportation, and
other external environmental conditions, as appropriate.
(III) The recommendations of the Commission
referred to in subsection (h).
(iv) CONSULTATION.—The Board of Regents shall
carry out its duties under this subparagraph in consultation with the following:
(I) The Chair of the National Capital Planning
Commission.
(II) The Director of the National Park Service.
(III) The Chair of the National Capital Memorial Advisory Commission.
(IV) The Chair of the Commission of Fine Arts.
(V) The Chair and Vice Chair of the Commission referred to in subsection (h).
(VI) The Chair of the Building and Site Subcommittee of the Commission referred to in subsection (h).
(VII) The Architect of the Capitol.

Deadline.

District of
Columbia.

Cost estimates.
Assessment.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2285

(VIII) The Chair and ranking minority
member of each of the following committees:
(aa) The Committee on Rules and
Administration of the Senate.
(bb) The Committee on House Administration of the House of Representatives.
(cc) The Committee on Energy and Natural Resources of the Senate.
(dd) The Committee on Natural Resources
of the House of Representatives.
(ee) The Committee on Transportation and
Infrastructure of the House of Representatives.
(ff) The Committee on Appropriations of
the House of Representatives.
(gg) The Committee on Appropriations of
the Senate.
(v) INTENT OF CONGRESS.—It is the intent of Congress that the Museum be located on or near the
National Mall, to the maximum extent practicable, in
accordance with this subsection.
(B) SIZE OF BUILDING.—The building constructed or
modified to serve as the Museum shall occupy no less
than the recommended square footage set forth in the
report submitted by the Commission to Study the Potential
Creation of a National Museum of the American Latino
established under section 333 of the Consolidated Natural
Resources Act of 2008 (Public Law 110–229; 122 Stat.
784).
(C) CONSTRUCTION OF BUILDING.—The Board of
Regents, in consultation with the Board of Trustees and
other appropriate Federal and local agencies is authorized
to prepare plans, design, and construct a building or modify
an existing building for the Museum, which shall be located
at the site selected by the Board of Regents, in accordance
with this subsection.
(2) SITE UNDER THE JURISDICTION OF ANOTHER FEDERAL
AGENCY.—
(A) IN GENERAL.—The Board of Regents shall not designate a site for the Museum that is under the administrative jurisdiction of another Federal agency or entity unless
the head of the Federal agency or entity submits to each
of the committees described in paragraph (1)(A)(iv)(VIII)
written notification stating that the head of the Federal
agency or entity concurs with locating the Museum on
the land or in the structure that is under the administrative
jurisdiction of the Federal agency or entity.
(B) TRANSFER.—As soon as practicable after the date
on which the committees receive the written notification
described in subparagraph (A), the head of the Federal
agency or entity shall transfer to the Smithsonian Institution administrative jurisdiction over the land or structure
that has been designated as the site for the Museum.
(3) COST SHARING.—The Board of Regents shall pay—
(A) 50 percent of the costs of carrying out this subsection from Federal funds; and

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PUBLIC LAW 116–260—DEC. 27, 2020

(B) 50 percent of the costs of carrying out this subsection from non-Federal sources.
(4) COMMEMORATIVE WORKS ACT.—Chapter 89 of title 40,
United States Code, shall not apply with respect to the
Museum, except that the Museum shall not be located in the
Reserve (as defined in section 8902(a) of that title).
(5) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated such sums as are necessary to carry
out this subsection.
(h) CONSIDERATION OF RECOMMENDATIONS OF COMMISSION.—
In carrying out their duties under this section, the Board of Trustees
and the Board of Regents shall take into consideration the reports
and plans submitted by the Commission to Study the Potential
Creation of a National Museum of the American Latino established
under section 333 of the Consolidated Natural Resources Act of
2008 (Public Law 110–229; 122 Stat. 784).
(i) CONGRESSIONAL BUDGET ACT COMPLIANCE.—Authority
under this section to enter into contracts or to make payments
shall be effective in any fiscal year only to the extent provided
in advance in an appropriations Act.
(j) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There are authorized to be appropriated
to the Smithsonian Institution to carry out this section, other
than subsections (f)(2) and (g)—
(A) $20,000,000 for fiscal year 2021; and
(B) such sums as are necessary for each fiscal year
thereafter.
(2) AVAILABILITY.—Amounts appropriated pursuant to the
authorization of appropriations under paragraph (1) shall
remain available until expended.
(3) USE OF FUNDS FOR FUNDRAISING.—Amounts appropriated pursuant to the authorization under this subsection
may be used to conduct fundraising in support of the Museum
from private sources.

DIVISION
U—HOMELAND
SECURITY
AND GOVERNMENTAL AFFAIRS PROVISIONS
TITLE I—AI IN GOVERNMENT ACT OF
2020

AI in
Government Act
of 2020.
40 USC 11301
note.

SEC. 101. SHORT TITLE.

This title may be cited as the ‘‘AI in Government Act of 2020’’.

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SEC. 102. DEFINITIONS.

In this Act—
(1) the term ‘‘Administrator’’ means the Administrator of
General Services;
(2) the term ‘‘agency’’ has the meaning given the term
in section 3502 of title 44, United States Code;
(3) the term ‘‘AI CoE’’ means the AI Center of Excellence
described in section 103;

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134 STAT. 2287

(4) the term ‘‘artificial intelligence’’ has the meaning given
the term in section 238(g) of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (10 U.S.C.
2358 note);
(5) the term ‘‘Director’’ means the Director of the Office
of Management and Budget;
(6) the term ‘‘institution of higher education’’ has the
meaning given the term in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001); and
(7) the term ‘‘nonprofit organization’’ means an organization
described in section 501(c)(3)of the Internal Revenue Code of
1986 and exempt from taxation under section 501(a) of that
Code.

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SEC. 103. AI CENTER OF EXCELLENCE.

(a) IN GENERAL.—There is created within the General Services
Administration a program to be known as the ‘‘AI Center of Excellence’’, which shall—
(1) facilitate the adoption of artificial intelligence technologies in the Federal Government;
(2) improve cohesion and competency in the adoption and
use of artificial intelligence within the Federal Government;
and
(3) carry out paragraphs (1) and (2) for the purposes of
benefitting the public and enhancing the productivity and efficiency of Federal Government operations.
(b) DUTIES.—The duties of the AI CoE shall include—
(1) regularly convening individuals from agencies, industry,
Federal laboratories, nonprofit organizations, institutions of
higher education, and other entities to discuss recent developments in artificial intelligence, including the dissemination of
information regarding programs, pilots, and other initiatives
at agencies, as well as recent trends and relevant information
on the understanding, adoption, and use of artificial intelligence;
(2) collecting, aggregating, and publishing on a publicly
available website information regarding programs, pilots, and
other initiatives led by other agencies and any other information determined appropriate by the Administrator;
(3) advising the Administrator, the Director, and agencies
on the acquisition and use of artificial intelligence through
technical insight and expertise, as needed;
(4) assist agencies in applying Federal policies regarding
the management and use of data in applications of artificial
intelligence;
(5) consulting with agencies, including the Department of
Defense, the Department of Commerce, the Department of
Energy, the Department of Homeland Security, the Office of
Management and Budget, the Office of the Director of National
Intelligence, and the National Science Foundation, that operate
programs, create standards and guidelines, or otherwise fund
internal projects or coordinate between the public and private
sectors relating to artificial intelligence;
(6) advising the Director on developing policy related to
the use of artificial intelligence by agencies; and

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(7) advising the Director of the Office of Science and Technology Policy on developing policy related to research and
national investment in artificial intelligence.
(c) STAFF.—
(1) IN GENERAL.—The Administrator shall provide necessary staff, resources, and administrative support for the AI
CoE.
(2) SHARED STAFF.—To the maximum extent practicable,
the Administrator shall meet the requirements described under
paragraph (1) by using staff of the General Services Administration, including those from other agency centers of excellence,
and detailees, on a reimbursable or nonreimbursable basis,
from other agencies.
(3) FELLOWS.—The Administrator may, to the maximum
extent practicable, appoint fellows to participate in the AI CoE
from nonprofit organizations, think tanks, institutions of higher
education, and industry.
(d) SUNSET.—This section shall cease to be effective on the
date that is 5 years after the date of enactment of this Act.
Deadlines.

SEC. 104. GUIDANCE FOR AGENCY USE OF ARTIFICIAL INTELLIGENCE.

Coordination.
Consultation.
Memorandum.

(a) GUIDANCE.—Not later than 270 days after the date of enactment of this Act, the Director, in coordination with the Director
of the Office of Science and Technology Policy in consultation with
the Administrator and any other relevant agencies and key stakeholders as determined by the Director, shall issue a memorandum
to the head of each agency that shall—
(1) inform the development of policies regarding Federal
acquisition and use by agencies regarding technologies that
are empowered or enabled by artificial intelligence, including
an identification of the responsibilities of agency officials managing the use of such technology;
(2) recommend approaches to remove barriers for use by
agencies of artificial intelligence technologies in order to promote the innovative application of those technologies while
protecting civil liberties, civil rights, and economic and national
security;
(3) identify best practices for identifying, assessing, and
mitigating any discriminatory impact or bias on the basis of
any classification protected under Federal nondiscrimination
laws, or any unintended consequence of the use of artificial
intelligence, including policies to identify data used to train
artificial intelligence algorithms as well as the data analyzed
by artificial intelligence used by the agencies; and
(4) provide a template of the required contents of the agency
plans described in subsection (c).
(b) PUBLIC COMMENT.—To help ensure public trust in the
applications of artificial intelligence technologies, the Director shall
issue a draft version of the memorandum required under subsection
(a) for public comment not later than 180 days after date of enactment of this Act.
(c) PLANS.—Not later than 180 days after the date on which
the Director issues the memorandum required under subsection
(a) or an update to the memorandum required under subsection
(d), the head of each agency shall submit to the Director and
post on a publicly available page on the website of the agency—

Recommendation.

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Public
information.
Web posting.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2289

(1) a plan to achieve consistency with the memorandum;
or
(2) a written determination that the agency does not use
and does not anticipate using artificial intelligence.
(d) UPDATES.—Not later than 2 years after the date on which
the Director issues the memorandum required under subsection
(a), and every 2 years thereafter for 10 years, the Director shall
issue updates to the memorandum.

Determination.

SEC. 105. UPDATE OF OCCUPATIONAL SERIES FOR ARTIFICIAL INTELLIGENCE.

Deadline.

(a) IN GENERAL.—Not later than 18 months after the date
of enactment of this Act, and in accordance with chapter 51 of
title 5, United States Code, the Director of the Office of Personnel
Management shall—
(1) identify key skills and competencies needed for positions
related to artificial intelligence;
(2) establish an occupational series, or update and improve
an existing occupational job series, to include positions the
primary duties of which relate to artificial intelligence;
(3) to the extent appropriate, establish an estimate of the
number of Federal employees in positions related to artificial
intelligence, by each agency; and
(4) using the estimate established in paragraph (3), prepare
a 2-year and 5-year forecast of the number of Federal employees
in positions related to artificial intelligence that each agency
will need to employ.
(b) PLAN.—Not later than 120 days after the date of enactment
of this Act, the Director of the Office of Personnel Management
shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight
and Reform of the House of Representatives a comprehensive plan
with a timeline to complete requirements described in subsection
(a).

TITLE II—DHS OVERSEAS PERSONNEL
ENHANCEMENT ACT OF 2019

Time period.

Timeline.

DHS Overseas
Personnel
Enhancement
Act of 2019.

SEC. 201. SHORT TITLE.

This title may be cited as the ‘‘DHS Overseas Personnel
Enhancement Act of 2019’’.

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SEC. 202. OVERSEAS PERSONNEL BRIEFING.

(a) IN GENERAL.—Not later than 90 days after submission
of the comprehensive 3-year strategy required under section 1910
of the National Defense Authorization Act for Fiscal Year 2017
(Public Law 114–328) and annually thereafter, the Secretary shall
brief the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate regarding Department personnel with
primary duties that take place outside of the United States.
(b) REQUIREMENTS.—The briefings required under subsection
(a) shall include the following:
(1) A detailed summary of, and deployment schedule for,
each type of personnel position with primary duties that take

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Summary.

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134 STAT. 2290

PUBLIC LAW 116–260—DEC. 27, 2020
place outside of the United States and how each such position
contributes to the Department’s mission.
(2) Information related to how the geographic and regional
placement of such positions contributes to the Department’s
mission.
(3) Information related to any risk mitigation plans for
each geographic and regional placement, including to address
counter-intelligence risks.
(4) Information regarding the costs of deploying or
maintaining personnel at each geographic and regional placement, including information on any cost-sharing agreement
with foreign partners to cover a portion or all the costs relating
to such deployment or maintenance.
(5) Information on guidance and practices to guard against
counter-espionage and counter-intelligence threats, including
cyber threats, associated with Department personnel.
(6) Information regarding trends in foreign efforts to influence such personnel while deployed overseas to contribute to
the Department’s mission.
(7) Information related to the position-specific training
received by such personnel before and during placement at
a foreign location.
(8) Challenges that may impede the communication of
counterterrorism information between Department personnel
at foreign locations and Department entities in the United
States, including technical, resource, and administrative challenges.
(9) The status of efforts to implement the strategy referred
to in subsection (a).
(10) The status of efforts (beginning with the second
briefing required under this section) to implement the enhancement plan under section 203.

SEC. 203. OVERSEAS PERSONNEL ENHANCEMENT PLAN.

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Deadline.

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(a) IN GENERAL.—Not later than 90 days after the first briefing
required under section 202, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs
of the Senate a plan to enhance the effectiveness of Department
personnel at foreign locations.
(b) PLAN REQUIREMENTS.—The plan required under subsection
(a) shall include proposals to—
(1) improve efforts of Department personnel at foreign locations, as necessary, for purposes of providing foreign partner
capacity development and furthering the Department’s mission;
(2) as appropriate, redeploy Department personnel to
respond to changing threats to the United States, consistent
with the limits on the resources of the Department;
(3) enhance collaboration among Department personnel at
foreign locations, other Federal personnel at foreign locations,
and foreign partners;
(4) improve the communication of information between
Department personnel at foreign locations and Department
entities in the United States, including to address technical,
resource, and administrative challenges; and
(5) maintain practices to guard against counter-espionage
threats associated with Department personnel.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2291

SEC. 204. TERMINATION.

The briefing requirement under section 202 shall terminate
on the date that is 4 years after the submission of the strategy
referred to in subsection (a) of such section.
SEC. 205. DEFINITIONS.

In this Act—
(1) the term ‘‘Department’’ means the Department of Homeland Security; and
(2) the term ‘‘Secretary’’ means the Secretary of Homeland
Security.

TITLE III—SYNTHETIC OPIOID EXPOSURE PREVENTION AND TRAINING
ACT

Synthetic Opioid
Exposure
Prevention and
Training Act.

SEC. 301. SHORT TITLE.

6 USC 101 note.

This title may be cited as the ‘‘Synthetic Opioid Exposure
Prevention and Training Act’’.
SEC. 302. PROTECTION AGAINST POTENTIAL SYNTHETIC OPIOID EXPOSURE WITHIN U.S. CUSTOMS AND BORDER PROTECTION.

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(a) IN GENERAL.—Subtitle B of title IV of the Homeland Security Act of 2002 (6 U.S.C. 211 et seq.) is amended by inserting
after section 415 the following new section:

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‘‘SEC. 416. PROTECTION AGAINST POTENTIAL SYNTHETIC OPIOID
EXPOSURE.

6 USC 216.

‘‘(a) IN GENERAL.—The Commissioner of U.S. Customs and
Border Protection shall issue a policy that specifies effective protocols and procedures for the safe handling of potential synthetic
opioids, including fentanyl, by U.S. Customs and Border Protection
officers, agents, other personnel, and canines, and to reduce the
risk of injury or death resulting from accidental exposure and
enhance post-exposure management.
‘‘(b) TRAINING.—
‘‘(1) IN GENERAL.—Together with the issuance of the policy
described in subsection (a), the Commissioner of U.S. Customs
and Border Protection shall require mandatory and recurrent
training on the following:
‘‘(A) The potential risk of opioid exposure and safe
handling procedures for potential synthetic opioids,
including precautionary measures such as the use of personal protective equipment during such handling.
‘‘(B) How to access and administer opioid receptor
antagonists, including naloxone, post-exposure to potential
synthetic opioids.
‘‘(2) INTEGRATION.—The training described in paragraph
(1) may be integrated into existing training under section 411(l)
for U.S. Customs and Border Protection officers, agents, and
other personnel.
‘‘(c) PERSONAL PROTECTIVE EQUIPMENT AND OPIOID RECEPTOR
ANTAGONISTS.—Together with the issuance of the policy described
in subsection (a), the Commissioner of U.S. Customs and Border
Protection shall ensure the availability of personal protective equipment and opioid receptor antagonists, including naloxone, to all

Procedures.

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PUBLIC LAW 116–260—DEC. 27, 2020

U.S. Customs and Border Protection officers, agents, other personnel, and canines at risk of accidental exposure to synthetic
opioids.
‘‘(d) OVERSIGHT.—To ensure effectiveness of the policy described
in subsection (a)—
‘‘(1) the Commissioner of U.S. Customs and Border Protection shall regularly monitor the efficacy of the implementation
of such policy and adjust protocols and procedures, as necessary;
and
‘‘(2) the Inspector General of the Department shall audit
compliance with the requirements of this section not less than
once during the 3-year period after the date of the enactment
of this section.’’.
(b) CLERICAL AMENDMENT.—The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by inserting
after the item relating to section 415 the following new item:

Audit.
Time period.

‘‘Sec. 416. Protection against potential synthetic opioid exposure.’’.
Construction
Consensus
Procurement
Improvement Act
of 2020.

TITLE IV—CONSTRUCTION CONSENSUS
PROCUREMENT IMPROVEMENT ACT
OF 2020

41 USC 101 note.

SEC. 401. SHORT TITLE.

This title may be cited as the ‘‘Construction Consensus Procurement Improvement Act of 2020’’.
41 USC 3309
note.

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Deadline.

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SEC. 402. PROHIBITION ON USE OF A REVERSE AUCTION FOR THE
AWARD OF A CONTRACT FOR DESIGN AND CONSTRUCTION SERVICES.

(a) FINDING.—Congress finds that, in contrast to a traditional
auction in which the buyers bid up the price, sellers bid down
the price in a reverse auction.
(b) PROHIBITION.—Not later than 180 days after the date of
the enactment of this Act, the Federal Acquisition Regulation shall
be amended to prohibit the use of reverse auctions for awarding
contracts for design and construction services.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘design and construction services’’ means—
(A) site planning and landscape design;
(B) architectural and engineering services (as defined
in section 1102 of title 40, United States Code);
(C) interior design;
(D) performance of substantial construction work for
facility, infrastructure, and environmental restoration
projects;
(E) delivery and supply of construction materials to
construction sites; or
(F) construction or substantial alteration of public
buildings or public works.
(2) The term ‘‘reverse auction’’ means, with respect to any
procurement by an executive agency—
(A) a real-time auction conducted through an electronic
medium among 2 or more offerors who compete by submitting bids for a supply or service contract, or a delivery

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2293

order, task order, or purchase order under the contract,
with the ability to submit revised lower bids at any time
before the closing of the auction; and
(B) the award of the contract, delivery order, task
order, or purchase order to the offeror is solely based on
the price obtained through the auction process.

TITLE V—OVERSIGHT.GOV

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SEC. 501. ESTABLISHMENT AND MAINTENANCE OF OVERSIGHT.GOV;
AUTHORIZATION OF FUNDS.

(a) IN GENERAL.—Section 11 of the Inspector General Act of
1978 (5 U.S.C. App.) is amended by adding at the end the following:
‘‘(e) OVERSIGHT.GOV.—
‘‘(1) DEFINITION.—In this subsection, the term ‘Office of
Inspector General’ means the Office of—
‘‘(A) an Inspector General described in subparagraph
(A), (B), or (I) of subsection (b)(1);
‘‘(B) the Special Inspector General for Afghanistan
Reconstruction established under section 1229 of the
National Defense Authorization Act for Fiscal Year 2008
(Public Law 110–181; 122 Stat. 379);
‘‘(C) the Special Inspector General for the Troubled
Asset Relief Plan established under section 121 of title
I of the Emergency Economic Stabilization Act of 2008
(12 U.S.C. 5231); and
‘‘(D) the Special Inspector General for Pandemic
Recovery established under section 4018 of the CARES
Act (15 U.S.C. 9053).
‘‘(2) ESTABLISHMENT.—The Council shall establish and
maintain a website entitled ‘oversight.gov’—
‘‘(A) to consolidate all public reports from each Office
of Inspector General to improve the access of the public
to any audit report, inspection report, or evaluation report
(or portion of any such report) made by an Office of
Inspector General; and
‘‘(B) that shall include any additional resources,
information, and enhancements as the Council determines
are necessary or desirable.
‘‘(3) PARTICIPATION OF OFFICES OF INSPECTORS GENERAL.—
Each Office of Inspector General that publishes an audit report,
inspection report, or evaluation report (or portion of any such
report) on the website of the Office of Inspector General shall,
or in the case of the office of an Inspector General described
in subparagraph (I) of subsection (b)(1) may, contemporaneously
publish the report or portion thereof on oversight.gov in a
manner prescribed by the Council.’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—For the purposes of
carrying out the mission of the Council of the Inspectors General
on Integrity and Efficiency under section 11 of the Inspector General
Act of 1978 (5 U.S.C. App.), as amended by subsection (a), there
are authorized to be appropriated into the revolving fund described
in subsection (c)(3)(B) of such section $3,500,000 for fiscal year
2021, to remain available until expended, to carry out the duties
and functions of the Council.

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134 STAT. 2294
5 USC app. note.

(c) EFFECTIVE DATE.—This Act and the amendments made by
this Act shall take effect on the date that is 30 days after the
date of receipt by the Council of the Inspectors General on Integrity
and Efficiency of an appropriation for the implementation of this
Act.

TITLE VI—COUNTER THREATS
ADVISORY BOARD ACT OF 2019

Counter Threats
Advisory Board
Act of 2019.
6 USC 101 note.

PUBLIC LAW 116–260—DEC. 27, 2020

SEC. 601. SHORT TITLE.

This title may be cited as the ‘‘Counter Threats Advisory Board
Act of 2019’’.
SEC. 602. DEPARTMENT OF HOMELAND SECURITY COUNTER THREATS
ADVISORY BOARD.

(a) IN GENERAL.—Subtitle A of title II of the Homeland Security
Act of 2002 (6 U.S.C. 121 et seq.) is amended by inserting after
section 210E the following:
6 USC 124m–1.

‘‘SEC. 210F. DEPARTMENTAL COORDINATION ON COUNTER THREATS.

Time period.

‘‘(a) ESTABLISHMENT.—There is authorized in the Department,
for a period of 2 years beginning after the date of enactment
of this section, a Counter Threats Advisory Board (in this section
referred to as the ‘Board’) which shall—
‘‘(1) be composed of senior representatives of departmental
operational components and headquarters elements; and
‘‘(2) coordinate departmental intelligence activities and
policy and information related to the mission and functions
of the Department that counter threats.
‘‘(b) CHARTER.—There shall be a charter to govern the structure
and mission of the Board, which shall—
‘‘(1) direct the Board to focus on the current threat environment and the importance of aligning departmental activities
to counter threats under the guidance of the Secretary; and
‘‘(2) be reviewed and updated as appropriate.
‘‘(c) MEMBERS.—
‘‘(1) IN GENERAL.—The Board shall be composed of senior
representatives of departmental operational components and
headquarters elements.
‘‘(2) CHAIR.—The Under Secretary for Intelligence and
Analysis shall serve as the Chair of the Board.
‘‘(3) MEMBERS.—The Secretary shall appoint additional
members of the Board from among the following:
‘‘(A) The Transportation Security Administration.
‘‘(B) U.S. Customs and Border Protection.
‘‘(C) U.S. Immigration and Customs Enforcement.
‘‘(D) The Federal Emergency Management Agency.
‘‘(E) The Coast Guard.
‘‘(F) U.S. Citizenship and Immigration Services.
‘‘(G) The United States Secret Service.
‘‘(H) The Cybersecurity and Infrastructure Security
Agency.
‘‘(I) The Office of Operations Coordination.
‘‘(J) The Office of the General Counsel.
‘‘(K) The Office of Intelligence and Analysis.
‘‘(L) The Office of Strategy, Policy, and Plans.

Coordination.

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Appointment.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2295

‘‘(M) The Science and Technology Directorate.
‘‘(N) The Office for State and Local Law Enforcement.
‘‘(O) The Privacy Office.
‘‘(P) The Office for Civil Rights and Civil Liberties.
‘‘(Q) Other departmental offices and programs as determined appropriate by the Secretary.
‘‘(d) MEETINGS.—The Board shall—
‘‘(1) meet on a regular basis to discuss intelligence and
coordinate ongoing threat mitigation efforts and departmental
activities, including coordination with other Federal, State,
local, tribal, territorial, and private sector partners; and
‘‘(2) make recommendations to the Secretary.
‘‘(e) TERRORISM ALERTS.—The Board shall advise the Secretary
on the issuance of terrorism alerts under section 203.
‘‘(f) PROHIBITION ON ADDITIONAL FUNDS.—No additional funds
are authorized to carry out this section.’’.
(b) TECHNICAL AND CONFORMING AMENDMENT.—The table of
contents in section 1(b) of the Homeland Security Act of 2002
(Public Law 107–296; 116 Stat. 2135) is amended by inserting
after the item relating to section 210E the following:

Determination.

Recommendations.

‘‘Sec. 210F. Departmental coordination on counter threats.’’.

(c) REPORT.—Not later than 90 days after the date of enactment
of this Act, the Secretary of Homeland Security, acting through
the Chair of the Counter Threats Advisory Board established under
section 210F of the Homeland Security Act of 2002, as added
by subsection (a), shall submit to the Committee on Homeland
Security and Governmental Affairs of the Senate and the Committee
on Homeland Security of the House of Representatives a report
on the status and activities of the Counter Threats Advisory Board.
(d) NOTICE.—The Secretary of Homeland Security shall provide
written notification to and brief the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee
on Homeland Security of the House of Representatives on any
changes to or introductions of new mechanisms to coordinate threats
across the Department of Homeland Security.

TITLE
VII—DHS
COUNTERING
UNMANNED AIRCRAFT SYSTEMS COORDINATOR ACT

Briefing.
6 USC 124m–1
note.

DHS Countering
Unmanned
Aircraft Systems
Coordinator Act.

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SEC. 701. DHS COUNTERING UNMANNED AIRCRAFT SYSTEMS COORDINATOR ACT.

(a) SHORT TITLE.—This title may be cited as the ‘‘DHS Countering Unmanned Aircraft Systems Coordinator Act’’.
(b) COUNTERING UNMANNED AIRCRAFT SYSTEMS COORDINATOR.—
(1) IN GENERAL.—Title III of the Homeland Security Act
of 2002 (6 U.S.C. 181 et seq.) is amended by adding at the
end the following new section:

6 USC 101 note.

‘‘SEC. 321. COUNTERING UNMANNED AIRCRAFT SYSTEMS COORDINATOR.

6 USC 195g.

‘‘(a) COORDINATOR.—

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134 STAT. 2296

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Designation.

PUBLIC LAW 116–260—DEC. 27, 2020

‘‘(1) IN GENERAL.—The Secretary shall designate an individual in a Senior Executive Service position (as defined in
section 3132 of title 5, United States Code) of the Department
within the Office of Strategy, Policy, and Plans as the Countering Unmanned Aircraft Systems Coordinator (in this section
referred to as the ‘Coordinator’) and provide appropriate staff
to carry out the responsibilities of the Coordinator.
‘‘(2) RESPONSIBILITIES.—The Coordinator shall—
‘‘(A) oversee and coordinate with relevant Department
offices and components, including the Office of Civil Rights
and Civil Liberties and the Privacy Office, on the development of guidance and regulations to counter threats associated with unmanned aircraft systems (in this section
referred to as ‘UAS’) as described in section 210G;
‘‘(B) promote research and development of counter UAS
technologies in coordination within the Science and Technology Directorate;
‘‘(C) coordinate with the relevant components and
offices of the Department, including the Office of Intelligence and Analysis, to ensure the sharing of information,
guidance, and intelligence relating to countering UAS
threats, counter UAS threat assessments, and counter UAS
technology, including the retention of UAS and counter
UAS incidents within the Department;
‘‘(D) serve as the Department liaison, in coordination
with relevant components and offices of the Department,
to the Department of Defense, Federal, State, local, and
Tribal law enforcement entities, and the private sector
regarding the activities of the Department relating to countering UAS;
‘‘(E) maintain the information required under section
210G(g)(3); and
‘‘(F) carry out other related counter UAS authorities
and activities under section 210G, as directed by the Secretary.
‘‘(b) COORDINATION WITH APPLICABLE FEDERAL LAWS.—The
Coordinator shall, in addition to other assigned duties, coordinate
with relevant Department components and offices to ensure testing,
evaluation, or deployment of a system used to identify, assess,
or defeat a UAS is carried out in accordance with applicable Federal
laws.
‘‘(c) COORDINATION WITH PRIVATE SECTOR.—The Coordinator
shall, among other assigned duties, working with the Office of
Partnership and Engagement and other relevant Department offices
and components, or other Federal agencies, as appropriate, serve
as the principal Department official responsible for sharing to the
private sector information regarding counter UAS technology,
particularly information regarding instances in which counter UAS
technology may impact lawful private sector services or systems.’’.
(2) TECHNICAL AND CONFORMING AMENDMENT.—The table
of contents in section 1(b) of the Homeland Security Act of
2002 (Public Law 107–296; 116 Stat. 2135) is amended by
inserting after the item relating to section 320 the following:
‘‘Sec. 321. Countering Unmanned Aircraft Systems Coordinator.’’.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2297

TITLE VIII—WHISTLEBLOWER
PROTECTION
SEC. 801. PROTECTION AGAINST REPRISAL FOR FEDERAL SUBGRANTEE EMPLOYEES.

Section 4712 of title 41, United States Code, is amended—
(1) in subsection (a)(2)(G), by striking ‘‘or grantee’’ and
inserting ‘‘grantee, or subgrantee’’;
(2) in subsection (a)(3)(A), by striking ‘‘contractor, subcontractor, or grantee’’ and inserting ‘‘contractor, subcontractor,
grantee, or subgrantee’’;
(3) in subsection (b)(1), by striking ‘‘contractor or grantee’’
and inserting ‘‘contractor, subcontractor, grantee, or subgrantee’’;
(4) in subsection (c), by striking ‘‘contractor or grantee’’
each place it appears and inserting ‘‘contractor, subcontractor,
grantee, or subgrantee’’;
(5) in subsection (d), by striking ‘‘and grantees’’ and
inserting ‘‘grantees, and subgrantees’’; and
(6) in subsection (f), by striking ‘‘or grantee’’ each place
it appears and inserting ‘‘grantee, or subgrantee’’.

TITLE IX—DOTGOV ACT OF 2020
SEC. 901. SHORT TITLE.

DOTGOV Online
Trust in
Government Act
of 2020.
6 USC 101 note.

This title may be cited as the ‘‘DOTGOV Online Trust in
Government Act of 2020’’ or the ‘‘DOTGOV Act of 2020’’.

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SEC. 902. FINDINGS.

6 USC 665 note.

Congress finds that—
(1) the .gov internet domain reflects the work of United
States innovators in inventing the internet and the role that
the Federal Government played in guiding the development
and success of the early internet;
(2) the .gov internet domain is a unique resource of the
United States that reflects the history of innovation and global
leadership of the United States;
(3) when online public services and official communications
from any level and branch of government use the .gov internet
domain, they are easily recognized as official and difficult to
impersonate;
(4) the citizens of the United States deserve online public
services that are safe, recognizable, and trustworthy;
(5) the .gov internet domain should be available at no
cost or a negligible cost to any Federal, State, local, or territorial
government-operated or publicly controlled entity, including any
Tribal government recognized by the Federal Government or
a State government, for use in their official services, operations,
and communications;
(6) the .gov internet domain provides a critical service
to those Federal, State, local, Tribal, and territorial governments; and
(7) the .gov internet domain should be operated transparently and in the spirit of public accessibility, privacy, and
security.

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134 STAT. 2298
6 USC 665 note.

PUBLIC LAW 116–260—DEC. 27, 2020

SEC. 903. DEFINITIONS.

In this Act—
(1) the term ‘‘Administrator’’ means the Administrator of
General Services;
(2) the term ‘‘agency’’ has the meaning given the term
in section 3502 of title 44, United States Code;
(3) the term ‘‘Director’’ means the Director of the Cybersecurity and Infrastructure Security Agency;
(4) the term ‘‘online service’’ means any internet-facing
service, including a website, email, a virtual private network,
or a custom application; and
(5) the term ‘‘State’’ means any State of the United States,
the District of Columbia, the Commonwealth of Puerto Rico,
the Virgin Islands, Guam, American Samoa, the Commonwealth
of the Northern Mariana Islands, and any possession of the
United States.
6 USC 665 note.

SEC. 904. DUTIES OF DEPARTMENT OF HOMELAND SECURITY.

(a) PURPOSE.—The purpose of the .gov internet domain program
is to—
(1) legitimize and enhance public trust in government entities and their online services;
(2) facilitate trusted electronic communication and connections to and from government entities;
(3) provide simple and secure registration of .gov internet
domains;
(4) improve the security of the services hosted within these
.gov internet domains, and of the .gov namespace in general;
and
(5) enable the discoverability of government services to
the public and to domain registrants.
(b) DUTIES AND AUTHORITIES RELATING TO THE .GOV INTERNET
DOMAIN.—
(1) IN GENERAL.—Subtitle A of title XXII of the Homeland
Security Act (6 U.S.C. 651 et seq.) is amended—
(A) in section 2202(c) (6 U.S.C. 652(c))—
(i) in paragraph (10), by striking ‘‘and’’ at the
end;
(ii) by redesignating paragraph (11) as paragraph
(12); and
(iii) by inserting after paragraph (10) the following:
‘‘(11) carry out the duties and authorities relating to the
.gov internet domain, as described in section 2215; and’’; and
(B) by adding at the end the following:

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6 USC 665.

‘‘SEC. 2215. DUTIES AND AUTHORITIES RELATING TO .GOV INTERNET
DOMAIN.

‘‘(a) DEFINITION.—In this section, the term ‘agency’ has the
meaning given the term in section 3502 of title 44, United States
Code.
‘‘(b) AVAILABILITY OF .GOV INTERNET DOMAIN.—The Director
shall make .gov internet domain name registration services, as
well as any supporting services described in subsection (e), generally
available—
‘‘(1) to any Federal, State, local, or territorial government
entity, or other publicly controlled entity, including any Tribal
government recognized by the Federal Government or a State

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2299

government, that complies with the requirements for registration developed by the Director as described in subsection (c);
‘‘(2) without conditioning registration on the sharing of
any information with the Director or any other Federal entity,
other than the information required to meet the requirements
described in subsection (c); and
‘‘(3) without conditioning registration on participation in
any separate service offered by the Director or any other Federal entity.
‘‘(c) REQUIREMENTS.—The Director, with the approval of the
Director of the Office of Management and Budget for agency .gov
internet domain requirements and in consultation with the Director
of the Office of Management and Budget for .gov internet domain
requirements for entities that are not agencies, shall establish
and publish on a publicly available website requirements for the
registration and operation of .gov internet domains sufficient to—
‘‘(1) minimize the risk of .gov internet domains whose
names could mislead or confuse users;
‘‘(2) establish that .gov internet domains may not be used
for commercial or political campaign purposes;
‘‘(3) ensure that domains are registered and maintained
only by authorized individuals; and
‘‘(4) limit the sharing or use of any information obtained
through the administration of the .gov internet domain with
any other Department component or any other agency for any
purpose other than the administration of the .gov internet
domain, the services described in subsection (e), and the
requirements for establishing a .gov inventory described in
subsection (h).
‘‘(d) EXECUTIVE BRANCH.—
‘‘(1) IN GENERAL.—The Director of the Office of Management and Budget shall establish applicable processes and guidelines for the registration and acceptable use of .gov internet
domains by agencies.
‘‘(2) APPROVAL REQUIRED.—The Director shall obtain the
approval of the Director of the Office of Management and
Budget before registering a .gov internet domain name for
an agency.
‘‘(3) COMPLIANCE.—Each agency shall ensure that any
website or digital service of the agency that uses a .gov internet
domain is in compliance with the 21st Century IDEA Act (44
U.S.C. 3501 note) and implementation guidance issued pursuant to that Act.
‘‘(e) SUPPORTING SERVICES.—
‘‘(1) IN GENERAL.—The Director may provide services to
the entities described in subsection (b)(1) specifically intended
to support the security, privacy, reliability, accessibility, and
speed of registered .gov internet domains.
‘‘(2) RULE OF CONSTRUCTION.—Nothing in paragraph (1)
shall be construed to—
‘‘(A) limit other authorities of the Director to provide
services or technical assistance to an entity described in
subsection (b)(1); or
‘‘(B) establish new authority for services other than
those the purpose of which expressly supports the operation
of .gov internet domains and the needs of .gov internet
domain registrants.

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Consultation.
Public
information.
Web posting.

Guidelines.

PUBL260B

134 STAT. 2300

Public
information.
Web posting.

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Public
information.
Web posting.

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PUBLIC LAW 116–260—DEC. 27, 2020

‘‘(f) FEES.—
‘‘(1) IN GENERAL.—The Director may provide any service
relating to the availability of the .gov internet domain program,
including .gov internet domain name registration services
described in subsection (b) and supporting services described
in subsection (e), to entities described in subsection (b)(1) with
or without reimbursement, including variable pricing.
‘‘(2) LIMITATION.—The total fees collected for new .gov internet domain registrants or annual renewals of .gov internet
domains shall not exceed the direct operational expenses of
improving, maintaining, and operating the .gov internet
domain, .gov internet domain services, and .gov internet domain
supporting services.
‘‘(g) CONSULTATION.—The Director shall consult with the
Director of the Office of Management and Budget, the Administrator
of General Services, other civilian Federal agencies as appropriate,
and entities representing State, local, Tribal, or territorial governments in developing the strategic direction of the .gov internet
domain and in establishing requirements under subsection (c), in
particular on matters of privacy, accessibility, transparency, and
technology modernization.
‘‘(h) .GOV INVENTORY.—
‘‘(1) IN GENERAL.—The Director shall, on a continuous
basis—
‘‘(A) inventory all hostnames and services in active
use within the .gov internet domain; and
‘‘(B) provide the data described in subparagraph (A)
to domain registrants at no cost.
‘‘(2) REQUIREMENTS.—In carrying out paragraph (1)—
‘‘(A) data may be collected through analysis of public
and non-public sources, including commercial data sets;
‘‘(B) the Director shall share with Federal and nonFederal domain registrants all unique hostnames and services discovered within the zone of their registered domain;
‘‘(C) the Director shall share any data or information
collected or used in the management of the .gov internet
domain name registration services relating to Federal
executive branch registrants with the Director of the Office
of Management and Budget for the purpose of fulfilling
the duties of the Director of the Office of Management
and Budget under section 3553 of title 44, United States
Code;
‘‘(D) the Director shall publish on a publicly available
website discovered hostnames that describe publicly accessible agency websites, to the extent consistent with the
security of Federal information systems but with the
presumption of disclosure;
‘‘(E) the Director may publish on a publicly available
website any analysis conducted and data collected relating
to compliance with Federal mandates and industry best
practices, to the extent consistent with the security of
Federal information systems but with the presumption of
disclosure; and
‘‘(F) the Director shall—
‘‘(i) collect information on the use of non-.gov internet domain suffixes by agencies for their official online
services;

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2301

‘‘(ii) collect information on the use of non-.gov internet domain suffixes by State, local, Tribal, and territorial governments; and
‘‘(iii) publish the information collected under clause
(i) on a publicly available website to the extent consistent with the security of the Federal information
systems, but with the presumption of disclosure.
‘‘(3) NATIONAL SECURITY COORDINATION.—
‘‘(A) IN GENERAL.—In carrying out this subsection, the
Director shall inventory, collect, and publish hostnames
and services in a manner consistent with the protection
of national security information.
‘‘(B) LIMITATION.—The Director may not inventory, collect, or publish hostnames or services under this subsection
if the Director, in coordination with other heads of agencies,
as appropriate, determines that the collection or publication
would—
‘‘(i) disrupt a law enforcement investigation;
‘‘(ii) endanger national security or intelligence
activities;
‘‘(iii) impede national defense activities or military
operations; or
‘‘(iv) hamper security remediation actions.
‘‘(4) STRATEGY.—Not later than 180 days after the date
of enactment of this section, the Director shall develop and
submit to the Committee on Homeland Security and Governmental Affairs and the Committee on Rules and Administration
of the Senate and the Committee on Homeland Security, the
Committee on Oversight and Reform, and the Committee on
House Administration of the House of Representatives a
strategy to utilize the information collected under this subsection for countering malicious cyber activity.’’.
(2) ADDITIONAL DUTIES.—
(A) OUTREACH STRATEGY.—Not later than 1 year after
the date of enactment of this Act, the Director, in consultation with the Administrator and entities representing State,
local, Tribal, or territorial governments, shall develop and
submit to the Committee on Homeland Security and
Governmental Affairs and the Committee on Rules and
Administration of the Senate and the Committee on Homeland Security, the Committee on Oversight and Reform,
and the Committee on House Administration of the House
of Representatives an outreach strategy to local, Tribal,
and territorial governments and other publicly controlled
entities as determined by the Director to inform and support migration to the .gov internet domain, which shall
include—
(i) stakeholder engagement plans; and
(ii) information on how migrating information technology systems to the .gov internet domain is beneficial
to that entity, including benefits relating to cybersecurity and the supporting services offered by the Federal
Government.
(B) REFERENCE GUIDE.—Not later than 1 year after
the date of enactment of this Act, the Director, in consultation with the Administrator and entities representing State,
local, Tribal, or territorial governments, shall develop and

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Web posting.
Public
information.

Deadline.

Deadline.
Consultation.
Determination.

Deadline.
Consultation.
Public
information.
Web posting.
6 USC 665 note.

PUBL260B

134 STAT. 2302

PUBLIC LAW 116–260—DEC. 27, 2020
publish on a publicly available website a reference guide
for migrating online services to the .gov internet domain,
which shall include—
(i) process and technical information on how to
carry out a migration of common categories of online
services, such as web and email services;
(ii) best practices for cybersecurity pertaining to
registration and operation of a .gov internet domain;
and
(iii) references to contract vehicles and other private sector resources vetted by the Director that may
assist in performing the migration.
(C) SECURITY ENHANCEMENT PLAN.—Not later than 1
year after the date of enactment of this Act, the Director
shall develop and submit to the Committee on Homeland
Security and Governmental Affairs and the Committee on
Rules and Administration of the Senate and the Committee
on Homeland Security, the Committee on Oversight and
Reform, and the Committee on House Administration of
the House of Representatives a .gov internet domain security enhancement strategy and implementation plan on
how to improve the cybersecurity benefits of the .gov internet domain during the 5-year period following the date
of enactment of this Act, which shall include—
(i) a modernization plan for the information systems that support operation of the .gov top-level internet domain, such as the registrar portal, and how
these information systems will remain current with
evolving security trends;
(ii) a modernization plan for the structure of the
.gov program and any supporting contracts, and how
the program and contracts can remain flexible over
time so as to take advantage of emerging technology
and cybersecurity developments; and
(iii) an outline of specific security enhancements
the .gov program intends to provide to users during
that 5-year period.
(3) TECHNICAL AND CONFORMING AMENDMENT.—The table
of contents in section 1(b) of the Homeland Security Act of
2002 (Public Law 107–196; 116 Stat. 2135) is amended by
inserting after the item relating to section 2214 the following:

Deadline.
Time period.

‘‘Sec. 2215. Duties and authorities relating to .gov internet domain.’’.

(c) HOMELAND SECURITY GRANTS.—Section 2008(a) of the Homeland Security Act of 2002 (6 U.S.C. 609(a)) is amended—
(1) in paragraph (13), by striking ‘‘and’’ at the end;
(2) by redesignating paragraph (14) as paragraph (15);
and
(3) by inserting after paragraph (13) the following:
‘‘(14) migrating any online service (as defined in section
3 of the DOTGOV Online Trust in Government Act of 2020)
to the .gov internet domain; and’’.

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SEC. 905. REPORT.

Not later than 1 year after the date of enactment of this
Act, and every 2 years thereafter for 4 years, the Director shall
submit a report to or conduct a detailed briefing for the Committee

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2303

on Homeland Security and Governmental Affairs and the Committee on Rules and Administration of the Senate and the Committee on Homeland Security, the Committee on Oversight and
Reform, and the Committee on House Administration of the House
of Representatives on the status of—
(1) the outreach strategy described in section 904(b)(2)(A);
(2) the security enhancement strategy and implementation
plan described in section 904(b)(2)(C);
(3) the inventory described in 2215(f) of the Homeland
Security Act of 2002, as added by section 904(b) of this Act;
(4) the supporting services described in section 2215(c)(1)
of the Homeland Security Act of 2002, as added by section
904(b) of this Act; and
(5) the development, assessment, and determination of the
amount of any fees imposed on new .gov internet domain registrants or annual renewals of .gov internet domains in accordance with section 2215(d) of the Homeland Security Act of
2002, as added by section 904(b) of this Act.
SEC. 906. RESEARCH AND DEVELOPMENT.

Not later than 1 year after the date of enactment of this
Act, the Under Secretary for Science and Technology of the Department shall conduct a study and submit to the Director a report
on mechanisms for improving the cybersecurity benefits of the
.gov internet domain, including—
(1) how information systems support operation of the .gov
top-level internet domain, such as the registrar portal, and
how these information systems can remain current with
evolving security trends;
(2) how the structure of the .gov internet domain program
can take advantage of emerging technology and cybersecurity
developments; and
(3) additional mechanisms to improve the cybersecurity
of the .gov internet domain.

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SEC. 907. TRANSITION.

(a) There shall be transferred to the Director the .gov internet
domain program, as operated by the General Services Administration under title 41, Code of Federal Regulations, on the date on
which the Director begins operational administration of the .gov
internet domain program, in accordance with subsection (c).
(b) Not later than 30 days after the date of enactment of
this Act, the Director shall submit a plan for the operational and
contractual transition of the .gov internet domain program to the
Committee on Homeland Security and Governmental Affairs and
the Committee on Rules and Administration of the Senate and
the Committee on Homeland Security, the Committee on Oversight
and Reform, and the Committee on House Administration of the
House of Representatives.
(c) Not later than 120 days after the date of enactment of
this Act, the Director shall begin operationally administering the
.gov internet domain program, and shall publish on a publicly
available website the requirements for domain registrants as
described in section 2215(b) of the Homeland Security Act of 2002,
as added by section 904(b) of this Act.
(d) On the date on which the Director begins operational
administration of the .gov internet domain program, in accordance

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Study.
Reports.

Deadline.
6 USC 665 note.

Plan.

PUBL260B

134 STAT. 2304

PUBLIC LAW 116–260—DEC. 27, 2020

with subsection (c), the Administrator shall rescind the requirements in part 102–173 of title 41, Code of Federal Regulations.
(e) During the 5-year period beginning on the date of enactment
of this Act, any fee charged to entities that are not agencies for
new .gov internet domain registrants or annual renewals of .gov
internet domains shall be not more than the amount of the fee
charged for such registration or renewal as of October 1, 2019.

Time period.

TITLE X—REAL ID MODERNIZATION
ACT

REAL ID
Modernization
Act.

SEC. 1001. REAL ID MODERNIZATION.

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49 USC 30101
note.

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(a) SHORT TITLE.—This title may be cited as the ‘‘REAL ID
Modernization Act’’.
(b) REAL ID ACT AMENDMENTS.—
(1) DEFINITIONS.—Section 201 of the REAL ID Act of 2005
(division B of Public Law 109–13; 49 U.S.C. 30301 note) is
amended—
(A) in paragraph (1)—
(i) by striking ‘‘The term ‘driver’s license’ means’’
and inserting the following: ‘‘The term ‘driver’s
license’—
‘‘(A) means’’; and
(ii) by striking ‘‘Code.’’ and inserting the following:
‘‘Code; and
‘‘(B) includes driver’s licenses stored or accessed via
electronic means, such as mobile or digital driver’s licenses,
which have been issued in accordance with regulations
prescribed by the Secretary.’’; and
(B) in paragraph (2)—
(i) by striking ‘‘The term ‘identification card’
means’’ and inserting the following: ‘‘The term ‘identification card’—
‘‘(A) means’’; and
(ii) by striking ‘‘State.’’ and inserting the following:
‘‘State; and
‘‘(B) includes identification cards stored or accessed
via electronic means, such as mobile or digital identification
cards, which have been issued in accordance with regulations prescribed by the Secretary.’’.
(2) MINIMUM REQUIREMENTS FOR FEDERAL RECOGNITION.—
Section 202 of the REAL ID Act of 2005 (division B of Public
Law 109–13; 49 U.S.C. 30301 note) is amended—
(A) in the section heading, by striking ‘‘document’’;
(B) in subsection (a)—
(i) in paragraph (2), by striking ‘‘, in consultation
with the Secretary of Transportation,’’; and
(ii) by adding at the end the following:
‘‘(3) LIMITATION.—The presentation of digital information
from a mobile or digital driver’s license or identification card
to an official of a Federal agency for an official purpose may
not be construed to grant consent for such Federal agency
to seize the electronic device on which the license or card
is stored or to examine any other information contained on
such device.’’;
(C) in subsection (b)—

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2305

(i) in the subsection heading, by striking ‘‘DOCU‘‘DRIVER’S LICENSE AND IDENTI-

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MENT’’ and inserting
FICATION CARD’’;

(ii) in the matter preceding paragraph (1), by
inserting ‘‘, or as part of,’’ after ‘‘features on’’;
(iii) in paragraph (5), by inserting ‘‘, which may
be the photograph taken by the State at the time
the person applies for a driver’s license or identification
card or may be a digital photograph of the person
that is already on file with the State’’ before the period
at the end;
(iv) in paragraph (6), by striking ‘‘principle’’ and
inserting ‘‘principal’’; and
(v) in paragraph (8)—
(I) by striking ‘‘Physical security’’ and
inserting ‘‘Security’’; and
(II) by striking ‘‘document’’ and inserting
‘‘driver’s license or identification card’’;
(D) in subsection (c)—
(i) in paragraph (1)(C), by striking ‘‘Proof of the’’
and inserting ‘‘The’’;
(ii) by redesignating paragraph (3) as paragraph
(4);
(iii) by inserting after paragraph (2) the following:
‘‘(3) ELECTRONIC PRESENTATION OF IDENTITY AND LAWFUL
STATUS INFORMATION.—A State may accept information
required under paragraphs (1) and (2) through the use of electronic transmission methods if—
‘‘(A) the Secretary issues regulations regarding such
electronic transmission that—
‘‘(i) describe the categories of information eligible
for electronic transmission; and
‘‘(ii) include measures—
‘‘(I) to ensure the authenticity of the information transmitted;
‘‘(II) to protect personally identifiable information; and
‘‘(III) to detect and prevent identity fraud; and
‘‘(B) the State certifies to the Department of Homeland
Security that its use of such electronic methods complies
with regulations issued by the Secretary.’’; and
(iv) in paragraph (4)(A), as redesignated, by
striking ‘‘each document’’ and inserting ‘‘the information and documentation’’; and
(E) in subsection (d)—
(i) in paragraph (7), by striking ‘‘document materials and papers’’ and inserting ‘‘materials, records,
and data’’;
(ii) in paragraph (8), by striking ‘‘security clearance
requirements’’ and inserting ‘‘background checks’’; and
(iii) in paragraph (9), by striking ‘‘fraudulent document recognition’’ and inserting ‘‘fraud detection and
prevention’’.
(3) REPEAL OF GRANTS TO STATES.—The REAL ID Act of
2005 (division B of Public Law 109–13; 49 U.S.C. 30301 note)
is amended by striking section 204.

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Regulations.

Certification.

PUBL260B

134 STAT. 2306

PUBLIC LAW 116–260—DEC. 27, 2020
(4) NOTIFICATION OF REAL ID ACT OF 2005 REQUIREMENTS.—
The REAL ID Act of 2005 (division B of Public Law 109–
13; 49 U.S.C. 30301 note) is amended by adding at the end
the following:

Time period.

‘‘SEC. 208. NOTIFICATION OF REQUIREMENTS AND DEADLINES.

49 USC 30301
note.

‘‘During the 15-month period beginning 90 days before the
date on which Federal agencies will no longer accept, for official
purposes, driver’s licenses and identification cards that do not
comply with the requirements under section 202, aircraft operators
and third party reservation entities shall notify passengers about
the requirements and enforcement deadlines under this Act.’’.
(c) IMMEDIATE BURDEN REDUCTION MEASURES.—Notwithstanding any other provision of law (including regulations), beginning on the date of the enactment of this Act, a State does not
need to require an applicant for a driver’s license or identification
card to provide separate documentation of the applicant’s Social
Security account number in order to comply with the requirements
of the REAL ID Act of 2005 (division B of Public Law 109–13;
49 U.S.C. 30301 note).

Southwest
Border Security
Technology
Improvement Act
of 2020.

TITLE XI—SOUTHWEST BORDER SECURITY TECHNOLOGY IMPROVEMENT
ACT OF 2020
SEC. 1101. SHORT TITLE.

This title may be cited as the ‘‘Southwest Border Security
Technology Improvement Act of 2020’’.
SEC. 1102. DEFINITIONS.

In this Act:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘‘appropriate congressional committees’’ means—
(A) the Committee on Homeland Security and Governmental Affairs of the Senate; and
(B) the Committee on Homeland Security of the House
of Representatives.
(2) DEPARTMENT.—The term ‘‘Department’’ means the
Department of Homeland Security.
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Homeland Security.
(4) SOUTHWEST BORDER.—The term ‘‘Southwest border’’
means the international land border between the United States
and Mexico, including the ports of entry along such border.
SEC. 1103. SOUTHERN BORDER TECHNOLOGY NEEDS ANALYSIS AND
UPDATES.
Deadline.

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Assessment.

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(a) TECHNOLOGY NEEDS ANALYSIS.—Not later than 1 year after
the date of the enactment of this Act, the Secretary shall submit,
to the appropriate congressional committees, a technology needs
analysis for border security technology along the Southwest border.
(b) CONTENTS.—The analysis required under subsection (a)
shall include an assessment of—
(1) the technology needs and gaps along the Southwest
border—

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134 STAT. 2307

(A) to prevent terrorists and instruments of terror from
entering the United States;
(B) to combat and reduce cross-border criminal activity,
including, but not limited to—
(i) the transport of illegal goods, such as illicit
drugs; and
(ii) human smuggling and human trafficking; and
(C) to facilitate the flow of legal trade across the Southwest border;
(2) recent technological advancements in—
(A) manned aircraft sensor, communication, and
common operating picture technology;
(B) unmanned aerial systems and related technology,
including counter-unmanned aerial system technology;
(C) surveillance technology, including—
(i) mobile surveillance vehicles;
(ii) associated electronics, including cameras,
sensor technology, and radar;
(iii) tower-based surveillance technology;
(iv) advanced unattended surveillance sensors; and
(v) deployable, lighter-than-air, ground surveillance equipment;
(D) nonintrusive inspection technology, including nonX-ray devices utilizing muon tomography and other
advanced detection technology;
(E) tunnel detection technology; and
(F) communications equipment, including—
(i) radios;
(ii) long-term evolution broadband; and
(iii) miniature satellites;
(3) any other technological advancements that the Secretary determines to be critical to the Department’s mission
along the Southwest border;
(4) whether the use of the technological advances described
in paragraphs (2) and (3) will—
(A) improve border security;
(B) improve the capability of the Department to accomplish its mission along the Southwest border;
(C) reduce technology gaps along the Southwest border;
and
(D) enhance the safety of any officer or agent of the
Department or any other Federal agency;
(5) the Department’s ongoing border security technology
development efforts, including efforts by—
(A) U.S. Customs and Border Protection;
(B) the Science and Technology Directorate; and
(C) the technology assessment office of any other operational component;
(6) the technology needs for improving border security,
such as—
(A) information technology or other computer or computing systems data capture;
(B) biometrics;
(C) cloud storage; and
(D) intelligence data sharing capabilities among agencies within the Department;

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134 STAT. 2308
Determination.

Deadline.

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(7) any other technological needs or factors, including
border security infrastructure, such as physical barriers or dualpurpose infrastructure, that the Secretary determines should
be considered; and
(8) currently deployed technology or new technology that
would improve the Department’s ability—
(A) to reasonably achieve operational control and situational awareness along the Southwest border; and
(B) to collect metrics for securing the border at and
between ports of entry, as required under subsections (b)
and (c) of section 1092 of division A of the National Defense
Authorization Act for Fiscal Year 2017 (6 U.S.C. 223).
(c) UPDATES.—
(1) IN GENERAL.—Not later than 2 years after the submission of the analysis required under subsection (a), and biannually thereafter for the following 4 years, the Secretary shall
submit an update to such analysis to the appropriate congressional committees.
(2) CONTENTS.—Each update required under paragraph (1)
shall include a plan for utilizing the resources of the Department to meet the border security technology needs and gaps
identified pursuant to subsection (b), including developing or
acquiring technologies not currently in use by the Department
that would allow the Department to bridge existing border
technology gaps along the Southwest border.
(d) ITEMS TO BE CONSIDERED.—In compiling the technology
needs analysis and updates required under this section, the Secretary shall consider and examine—
(1) technology that is deployed and is sufficient for the
Department’s use along the Southwest border;
(2) technology that is deployed, but is insufficient for the
Department’s use along the Southwest border; and
(3) technology that is not deployed, but is necessary for
the Department’s use along the Southwest border;
(4) current formal departmental requirements documentation examining current border security threats and challenges
faced by any component of the Department;
(5) trends and forecasts regarding migration across the
Southwest border;
(6) the impact on projected staffing and deployment needs
for the Department, including staffing needs that may be fulfilled through the use of technology;
(7) the needs and challenges faced by employees of the
Department who are deployed along the Southwest border;
(8) the need to improve cooperation among Federal, State,
tribal, local, and Mexican law enforcement entities to enhance
security along the Southwest border;
(9) the privacy implications of existing technology and the
acquisition and deployment of new technologies and supporting
infrastructure, with an emphasis on how privacy risks might
be mitigated through the use of technology, training, and policy;
(10) the impact of any ongoing public health emergency
that impacts Department operations along the Southwest
border; and
(11) the ability of, and the needs for, the Department
to assist with search and rescue efforts for individuals or groups
that may be in physical danger or in need of medical assistance.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2309

(e) CLASSIFIED FORM.—To the extent possible, the Secretary
shall submit the technology needs analysis and updates required
under this section in unclassified form, but may submit such documents, or portions of such documents, in classified form if the
Secretary determines that such action is appropriate.

DIVISION
CATION,
ABILITY

V—AIRCRAFT
SAFETY, AND

CERTIFIACCOUNT-

TITLE I—AIRCRAFT CERTIFICATION,
SAFETY, AND ACCOUNTABILITY
SEC. 101. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This title may be cited as the ‘‘Aircraft
Certification, Safety, and Accountability Act’’.
(b) TABLE OF CONTENTS.—The table of contents for this title
is as follows:

Aircraft
Certification,
Safety, and
Accountability
Act.
49 USC 40101
note.

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TITLE I—AIRCRAFT CERTIFICATION, SAFETY, AND ACCOUNTABILITY
Sec. 101. Short title; table of contents.
Sec. 102. Safety management systems.
Sec. 103. Expert review of organization designation authorizations for transport
airplanes.
Sec. 104. Certification oversight staff.
Sec. 105. Disclosure of safety critical information.
Sec. 106. Limitation on delegation.
Sec. 107. Oversight of organization designation authorization unit members.
Sec. 108. Integrated project teams.
Sec. 109. Oversight integrity briefing.
Sec. 110. Appeals of certification decisions.
Sec. 111. Employment restrictions.
Sec. 112. Professional development, skills enhancement, continuing education and
training.
Sec. 113. Voluntary safety reporting program.
Sec. 114. Compensation limitation.
Sec. 115. System safety assessments and other requirements.
Sec. 116. Flight crew alerting.
Sec. 117. Changed product rule.
Sec. 118. Whistleblower protections.
Sec. 119. Domestic and international pilot training.
Sec. 120. Nonconformity with approved type design.
Sec. 121. Implementation of recommendations.
Sec. 122. Oversight of FAA compliance program.
Sec. 123. Settlement agreement.
Sec. 124. Human factors education program.
Sec. 125. Best practices for organization designation authorizations.
Sec. 126. Human factors research.
Sec. 127. FAA Center of Excellence for automated systems and human factors in
aircraft.
Sec. 128. Pilot operational evaluations.
Sec. 129. Ensuring appropriate responsibility of aircraft certification and flight
standards performance objectives and metrics.
Sec. 130. Transport airplane risk assessment methodology.
Sec. 131. National air grant fellowship program.
Sec. 132. Emerging safety trends in aviation.
Sec. 133. FAA accountability enhancement.
Sec. 134. Authorization of appropriations for the advanced materials center of excellence.
Sec. 135. Promoting Aviation Regulations for Technical Training.
Sec. 136. Independent study on type certification reform.
Sec. 137. Definitions.
SEC. 102. SAFETY MANAGEMENT SYSTEMS.

(a) RULEMAKING PROCEEDING.—

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134 STAT. 2310
Deadline.

Requirement.
Deadline.

Requirements.
Summary.
Time period.

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(1) IN GENERAL.—Not later than 30 days after the date
of enactment of this title, the Administrator shall initiate a
rulemaking proceeding to require that manufacturers that hold
both a type certificate and a production certificate issued pursuant to section 44704 of title 49, United States Code, where
the United States is the State of Design and State of Manufacture, have in place a safety management system that is consistent with the standards and recommended practices established by ICAO and contained in annex 19 to the Convention
on International Civil Aviation (61 Stat. 1180), for such systems.
(2) CONTENTS OF REGULATIONS.—The regulations issued
under paragraph (1) shall, at a minimum—
(A) ensure safety management systems are consistent
with, and complementary to, existing safety management
systems;
(B) include provisions that would permit operational
feedback from operators and pilots qualified on the manufacturers’ equipment to ensure that the operational
assumptions made during design and certification remain
valid;
(C) include provisions for the Administrator’s approval
of, and regular oversight of adherence to, a certificate
holder’s safety management system adopted pursuant to
such regulations; and
(D) require such certificate holder to adopt, not later
than 4 years after the date of enactment of this title,
a safety management system.
(b) FINAL RULE DEADLINE.—Not later than 24 months after
initiating the rulemaking under subsection (a), the Administrator
shall issue a final rule.
(c) SURVEILLANCE AND AUDIT REQUIREMENT.—The final rule
issued pursuant to subsection (b) shall include a requirement for
the Administrator to implement a systems approach to risk-based
surveillance by defining and planning inspections, audits, and monitoring activities on a continuous basis, to ensure that design and
production approval holders of aviation products meet and continue
to meet safety management system requirements under the rule.
(d) ENGAGEMENT WITH ICAO.—The Administrator shall engage
with ICAO and foreign civil aviation authorities to help encourage
the adoption of safety management systems for manufacturers on
a global basis, consistent with ICAO standards.
(e) SAFETY REPORTING PROGRAM.—The regulations issued under
subsection (a) shall require a safety management system to include
a confidential employee reporting system through which employees
can report hazards, issues, concerns, occurrences, and incidents.
A reporting system under this subsection shall include provisions
for reporting, without concern for reprisal for reporting, of such
items by employees in a manner consistent with confidential
employee reporting systems administered by the Administrator.
Such regulations shall also require a certificate holder described
in subsection (a) to submit a summary of reports received under
this subsection to the Administrator at least twice per year.
(f) CODE OF ETHICS.—The regulations issued under subsection
(a) shall require a safety management system to include establishment of a code of ethics applicable to all appropriate employees
of a certificate holder, including officers (as determined by the

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2311

FAA), which clarifies that safety is the organization’s highest priority.
(g) PROTECTION OF SAFETY INFORMATION.—Section 44735(a) of
title 49, United States Code, is amended—
(1) by striking ‘‘title 5 if the report’’ and inserting the
following: ‘‘title 5—
‘‘(1) if the report’’;
(2) by striking the period at the end and inserting ‘‘; or’’;
and
(3) by adding at the end the following:
‘‘(2) if the report, data, or other information is submitted
to the Federal Aviation Administration pursuant to section
102(e) of the Aircraft Certification, Safety, and Accountability
Act.’’.

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SEC.

103.

EXPERT REVIEW OF ORGANIZATION DESIGNATION
AUTHORIZATIONS FOR TRANSPORT AIRPLANES.

(a) EXPERT REVIEW.—
(1) ESTABLISHMENT.—Not later than 30 days after the date
of enactment of this title, the Administrator shall convene
an expert panel (in this section referred to as the ‘‘review
panel’’) to review and make findings and recommendations
on the matters listed in paragraph (2).
(2) CONTENTS OF REVIEW.—With respect to each holder
of an organization designation authorization for the design
and production of transport airplanes, the review panel shall
review the following:
(A) The extent to which the holder’s safety management processes promote or foster a safety culture consistent
with the principles of the International Civil Aviation
Organization Safety Management Manual, Fourth Edition
(International Civil Aviation Organization Doc. No. 9859)
or any similar successor document.
(B) The effectiveness of measures instituted by the
holder to instill, among employees and contractors of such
holder that support organization designation authorization
functions, a commitment to safety above all other priorities.
(C) The holder’s capability, based on the holder’s
organizational structures, requirements applicable to officers and employees of such holder, and safety culture,
of making reasonable and appropriate decisions regarding
functions delegated to the holder pursuant to the organization designation authorization.
(D) Any other matter determined by the Administrator
for which inclusion in the review would be consistent with
the public interest in aviation safety.
(3) COMPOSITION OF REVIEW PANEL.—The review panel shall
consist of—
(A) 2 representatives of the National Aeronautics and
Space Administration;
(B) 2 employees of the Administration’s Aircraft Certification Service with experience conducting oversight of persons not involved in the design or production of transport
airplanes;

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49 USC 44736
note.
Deadline.
Recommendations.

Determination.

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134 STAT. 2312

PUBLIC LAW 116–260—DEC. 27, 2020
(C) 1 employee of the Administration’s Aircraft Certification Service with experience conducting oversight of persons involved in the design or production of transport airplanes;
(D) 2 employees of the Administration’s Flight Standards Service with experience in oversight of safety management systems;
(E) 1 appropriately qualified representative, designated
by the applicable represented organization, of each of—
(i) a labor union representing airline pilots
involved in both passenger and all-cargo operations;
(ii) a labor union, not selected under clause (i),
representing airline pilots with expertise in the matters
described in paragraph (2);
(iii) a labor union representing employees engaged
in the assembly of transport airplanes;
(iv) the certified bargaining representative under
section 7111 of title 5, United States Code, for field
engineers engaged in the audit or oversight of an
organization designation authorization within the Aircraft Certification Service of the Administration;
(v) the certified bargaining representative for
safety inspectors of the Administration; and
(vi) a labor union representing employees engaged
in the design of transport airplanes;
(F) 2 independent experts who have not served as
a political appointee in the Administration and—
(i) who hold either a baccalaureate or postgraduate
degree in the field of aerospace engineering or a related
discipline; and
(ii) who have a minimum of 20 years of relevant
applied experience;
(G) 4 air carrier employees whose job responsibilities
include administration of a safety management system;
(H) 4 individuals representing 4 different holders of
organization designation authorizations, with preference
given to individuals representing holders of organization
designation authorizations for the design or production of
aircraft other than transport airplanes or for the design
or production of aircraft engines, propellers, or appliances;
and
(I) 1 individual holding a law degree and who has
expertise in the legal duties of a holder of an organization
designation authorization and the interaction with the
FAA, except that such individual may not, within the 10year period preceding the individual’s appointment, have
been employed by, or provided legal services to, the holder
of an organization designation authorization referenced in
paragraph (2).
(4) RECOMMENDATIONS.—The review panel shall make recommendations to the Administrator regarding suggested
actions to address any deficiencies found after review of the
matters listed in paragraph (2).
(5) REPORT.—
(A) SUBMISSION.—Not later than 270 days after the
date of the first meeting of the review panel, the review

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134 STAT. 2313

panel shall transmit to the Administrator and the congressional committees of jurisdiction a report containing the
findings and recommendations of the review panel
regarding the matters listed in paragraph (2), except that
such report shall include—
(i) only such findings endorsed by 10 or more individual members of the review panel; and
(ii) only such recommendations described in paragraph (4) endorsed by 18 or more of the individual
members of the review panel.
(B) DISSENTING VIEWS.—In submitting the report
required under this paragraph, the review panel shall
append to such report the dissenting views of any individual member or group of members of the review panel
regarding the findings or recommendations of the review
panel.
(C) PUBLICATION.—Not later than 5 days after
receiving the report under subparagraph (A), the Administrator shall publish such report, including any dissenting
views appended to the report, on the website of the
Administration.
(D) TERMINATION.—The review panel shall terminate
upon submission of the report under subparagraph (A).
(6) ADMINISTRATIVE PROVISIONS.—
(A) ACCESS TO INFORMATION.—The review panel shall
have authority to perform the following actions if a majority
of the total number of review panel members consider
each action necessary and appropriate:
(i) Entering onto the premises of a holder of an
organization designation authorization referenced in
paragraph (2) for access to and inspection of records
or other purposes.
(ii) Notwithstanding any other provision of law,
accessing and inspecting unredacted records directly
necessary for the completion of the panel’s work under
this section that are in the possession of such holder
of an organization designation authorization or the
Administration.
(iii) Interviewing employees of such holder of an
organization designation authorization or the Administration as necessary for the panel to complete its work.
(B) DISCLOSURE OF FINANCIAL INTERESTS.—Each individual serving on the review panel shall disclose to the
Administrator any financial interest held by such individual, or a spouse or dependent of such individual, in
a business enterprise engaged in the design or production
of transport airplanes, aircraft engines designed for transport airplanes, or major systems, components, or parts
thereof.
(C) PROTECTION OF PROPRIETARY INFORMATION; TRADE
SECRETS.—
(i) MARKING.—The custodian of a record accessed
under subparagraph (A) may mark such record as
proprietary or containing a trade secret. A marking
under this subparagraph shall not be dispositive with
respect to whether such record contains any information subject to legal protections from public disclosure.

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Web posting.

Records.

Records.

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134 STAT. 2314

PUBLIC LAW 116–260—DEC. 27, 2020
(ii) NONDISCLOSURE FOR NON-FEDERAL GOVERNMENT PARTICIPANTS.—
(I) NON-FEDERAL GOVERNMENT PARTICIPANTS.—Prior to participating on the review panel,

Contracts.

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each individual serving on the review panel representing a non-Federal entity, including a labor
union, shall execute an agreement with the
Administrator in which the individual shall be
prohibited from disclosing at any time, except as
required by law, to any person, foreign or domestic,
any non-public information made accessible to the
panel under subparagraph (A).
(II) FEDERAL EMPLOYEE PARTICIPANTS.—Federal employees serving on the review panel as
representatives of the Federal Government and
who are required to protect proprietary information and trade secrets under section 1905 of title
18, United States Code, shall not be required to
execute agreements under this subparagraph.
(iii) PROTECTION OF VOLUNTARILY SUBMITTED
SAFETY INFORMATION.—Information subject to protection from disclosure by the Administration in accordance with sections 40123 and 44735 of title 49, United
States Code, is deemed voluntarily submitted to the
Administration under such sections when shared with
the review panel and retains its protection from disclosure (including protection under section 552(b)(3) of
title 5, United States Code). The custodian of a record
subject to such protection may mark such record as
subject to statutory protections. A marking under this
subparagraph shall not be dispositive with respect to
whether such record contains any information subject
to legal protections from public disclosure. Members
of the review panel will protect voluntarily submitted
safety information and other otherwise exempt
information to the extent permitted under applicable
law.
(iv) PROTECTION OF PROPRIETARY INFORMATION AND
TRADE SECRETS.—Members of the review panel will
protect proprietary information, trade secrets, and
other otherwise exempt information to the extent permitted under applicable law.
(v) RESOLVING CLASSIFICATION OF INFORMATION.—
If the review panel and a holder of an organization
designation authorization subject to review under this
section disagree as to the proper classification of
information described in this subparagraph, then an
employee of the Administration who is not a political
appointee shall determine the proper classification of
such information and whether such information will
be withheld, in part or in full, from release to the
public.
(D) APPLICABLE LAW.—Public Law 92–463 shall not
apply to the panel established under this subsection.
(E) FINANCIAL INTEREST DEFINED.—In this paragraph,
the term ‘‘financial interest’’—
(i) excludes securities held in an index fund; and

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134 STAT. 2315

(ii) includes—
(I) any current or contingent ownership,
equity, or security interest;
(II) an indebtedness or compensated employment relationship; or
(III) any right to purchase or acquire any such
interest, including a stock option or commodity
future.
(b) FAA AUTHORITY.—
(1) IN GENERAL.—After reviewing the findings of the review
panel submitted under subsection (a)(5), the Administrator may
limit, suspend, or terminate an organization designation
authorization subject to review under this section.
(2) REINSTATEMENT.—The Administrator may condition
reinstatement of a limited, suspended, or terminated organization designation authorization on the holder’s implementation
of any corrective actions determined necessary by the Administrator.
(3) RULE OF CONSTRUCTION.—Nothing in this subsection
shall be construed to limit the Administrator’s authority to
take any action with respect to an organization designation
authorization, including limitation, suspension, or termination
of such authorization.
(c) ORGANIZATION DESIGNATION AUTHORIZATION PROCESS
IMPROVEMENTS.—Not later than 1 year after receipt of the recommendations submitted under subsection (a)(5), the Administrator
shall report to the congressional committees of jurisdiction on—
(1) whether the Administrator has concluded that such
holder is able to safely and reliably perform all delegated functions in accordance with all applicable provisions of chapter
447 of title 49, United States Code, title 14, Code of Federal
Regulations, and other orders or requirements of the Administrator, and, if not, the Administrator shall outline—
(A) the risk mitigations or other corrective actions,
including the implementation timelines of such mitigations
or actions, the Administrator has established for or
required of such holder as prerequisites for a conclusion
by the Administrator under this paragraph; or
(B) the status of any ongoing investigatory actions;
(2) the status of implementation of each of the recommendations of the review panel, if any, with which the Administrator
concurs;
(3) the status of procedures under which the Administrator
will conduct focused oversight of such holder’s processes for
performing delegated functions with respect to the design of
new and derivative transport airplanes and the production
of such airplanes; and
(4) the Administrator’s efforts, to the maximum extent
practicable and subject to appropriations, to increase the
number of engineers, inspectors, and other qualified technical
experts, as necessary to fulfill the requirements of this section,
in—
(A) each office of the Administration responsible for
dedicated oversight of such holder; and
(B) the System Oversight Division, or any successor
division, of the Aircraft Certification Service.

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134 STAT. 2316
Deadline.
Web posting.

(d) NON-CONCURRENCE WITH RECOMMENDATIONS.—Not later
than 6 months after receipt of the recommendations submitted
under subsection (a)(5), with respect to each recommendation of
the review panel with which the Administrator does not concur,
if any, the Administrator shall publish on the website of the
Administration and submit to the congressional committees of jurisdiction a detailed explanation as to why, including if the Administrator believes implementation of such recommendation would not
improve aviation safety.

49 USC 44701
note.

SEC. 104. CERTIFICATION OVERSIGHT STAFF.

Deadline.
Review.

Deadline.

Analysis.

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(a) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Administrator $27,000,000 for each of
fiscal years 2021 through 2023 to recruit and retain engineers,
safety inspectors, human factors specialists, chief scientific and
technical advisors, software and cybersecurity experts, and other
qualified technical experts who perform duties related to the certification of aircraft, aircraft engines, propellers, appliances, and new
and emerging technologies, and perform other regulatory activities.
(b) IN GENERAL.—Not later than 60 days after the date of
enactment of this title, and without duplicating any recently completed or ongoing reviews, the Administrator shall initiate a review
of—
(1) the inspectors, human factors specialists, flight test
pilots, engineers, managers, and executives in the FAA who
are responsible for the certification of the design, manufacture,
and operation of aircraft intended for air transportation for
purposes of determining whether the FAA has the expertise
and capability to adequately understand the safety implications
of, and oversee the adoption of, new or innovative technologies,
materials, and procedures used by designers and manufacturers
of such aircraft; and
(2) the Senior Technical Experts Program to determine
whether the program should be enhanced or expanded to bolster
and support the programs of the FAA’s Office of Aviation Safety,
with particular focus placed on the Aircraft Certification Service
and the Flight Standards Service (or any successor organizations), particularly with respect to understanding the safety
implications of new or innovative technologies, materials, aircraft operations, and procedures used by designers and manufacturers of such aircraft.
(c) DEADLINE FOR COMPLETION.—Not later than 270 days after
the date of enactment of this title, the Administrator shall complete
the review required by subsection (b).
(d) BRIEFING.—Not later than 30 days after the completion
of the review required by subsection (b), the Administrator shall
brief the congressional committees of jurisdiction on the results
of the review. The briefing shall include the following:
(1) An analysis of the Administration’s ability to hire safety
inspectors, human factors specialists, flight test pilots, engineers, managers, executives, scientists, and technical advisors,
who have the requisite expertise to oversee new developments
in aerospace design and manufacturing.
(2) A plan for the Administration to improve the overall
expertise of the FAA’s personnel who are responsible for the
oversight of the design and manufacture of aircraft.

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(e) CONSULTATION REQUIREMENT.—In completing the review
under subsection (b), the Administrator shall consult and collaborate
with appropriate stakeholders, including labor organizations
(including those representing aviation workers, FAA aviation safety
engineers, human factors specialists, flight test pilots, and FAA
aviation safety inspectors), and aerospace manufacturers.
(f) RECRUITMENT AND RETENTION.—
(1) BARGAINING UNITS.—Not later than 30 days after the
date of enactment of this title, the Administrator shall begin
collaboration with the exclusive bargaining representatives of
engineers, safety inspectors, systems safety specialists, and
other qualified technical experts certified under section 7111
of title 5, United States Code, to improve recruitment of
employees for, and to implement retention incentives for
employees holding, positions with respect to the certification
of aircraft, aircraft engines, propellers, and appliances. If the
Administrator and such representatives are unable to reach
an agreement collaboratively, the Administrator and such representatives shall negotiate in accordance with section 40122(a)
of title 49, United States Code, to improve recruitment and
implement retention incentives for employees described in subsection (a) who are covered under a collective bargaining agreement.
(2) OTHER EMPLOYEES.—Notwithstanding any other provision of law, not later than 30 days after the date of enactment
of this title, the Administrator shall initiate actions to improve
recruitment of, and implement retention incentives for, any
individual described in subsection (a) who is not covered under
a collective bargaining agreement.
(3) RULE OF CONSTRUCTION.—Nothing in this section shall
be construed to vest in any exclusive bargaining representative
any management right of the Administrator, as such right
existed on the day before the date of enactment of this title.
(4) AVAILABILITY OF APPROPRIATIONS.—Any action taken
by the Administrator under this section shall be subject to
the availability of appropriations authorized under subsection
(a).

Deadlines.

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SEC. 105. DISCLOSURE OF SAFETY CRITICAL INFORMATION.

(a) DISCLOSURE.—Section 44704 of title 49, United States Code,
is amended by striking subsection (e) and inserting the following:
‘‘(e) DISCLOSURE OF SAFETY CRITICAL INFORMATION.—
‘‘(1) IN GENERAL.—Notwithstanding a delegation described
in section 44702(d), the Administrator shall require an
applicant for, or holder of, a type certificate for a transport
category airplane covered under part 25 of title 14, Code of
Federal Regulations, to submit safety critical information with
respect to such airplane to the Administrator in such form,
manner, or time as the Administrator may require. Such safety
critical information shall include—
‘‘(A) any design and operational details, intended functions, and failure modes of any system that, without being
commanded by the flight crew, commands the operation
of any safety critical function or feature required for control
of an airplane during flight or that otherwise changes
the flight path or airspeed of an airplane;

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Assessment.

Requirement.

Assessment.
Determination.

Procedures.

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Determination.

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‘‘(B) the design and operational details, intended functions, failure modes, and mode annunciations of autopilot
and autothrottle systems, if applicable;
‘‘(C) any failure or operating condition that the
applicant or holder anticipates or has concluded would
result in an outcome with a severity level of hazardous
or catastrophic, as defined in the appropriate Administration airworthiness requirements and guidance applicable
to transport category airplanes defining risk severity;
‘‘(D) any adverse handling quality that fails to meet
the requirements of applicable regulations without the
addition of a software system to augment the flight controls
of the airplane to produce compliant handling qualities;
and
‘‘(E) a system safety assessment with respect to a
system described in subparagraph (A) or (B) or with respect
to any component or other system for which failure or
erroneous operation of such component or system could
result in an outcome with a severity level of hazardous
or catastrophic, as defined in the appropriate Administration airworthiness requirements and guidance applicable
to transport category airplanes defining risk severity.
‘‘(2) ONGOING COMMUNICATIONS.—
‘‘(A) NEWLY DISCOVERED INFORMATION.—The Administrator shall require that an applicant for, or holder of,
a type certificate disclose to the Administrator, in such
form, manner, or time as the Administrator may require,
any newly discovered information or design or analysis
change that would materially alter any submission to the
Administrator under paragraph (1).
‘‘(B) SYSTEM DEVELOPMENT CHANGES.—The Administrator shall establish multiple milestones throughout the
certification process at which a proposed airplane system
will be assessed to determine whether any change to such
system during the certification process is such that such
system should be considered novel or unusual by the
Administrator.
‘‘(3) FLIGHT MANUALS.—The Administrator shall ensure
that an airplane flight manual and a flight crew operating
manual (as appropriate or applicable) for an airplane contains
a description of the operation of a system described in paragraph (1)(A) and flight crew procedures for responding to a
failure or aberrant operation of such system.
‘‘(4) CIVIL PENALTY.—
‘‘(A) AMOUNT.—Notwithstanding section 46301, an
applicant for, or holder of, a type certificate that knowingly
violates paragraph (1), (2), or (3) of this subsection shall
be liable to the Administrator for a civil penalty of not
more than $1,000,000 for each violation.
‘‘(B) PENALTY CONSIDERATIONS.—In determining the
amount of a civil penalty under subparagraph (A), the
Administrator shall consider—
‘‘(i) the nature, circumstances, extent, and gravity
of the violation, including the length of time that such
safety critical information was known but not disclosed;
and

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2319

‘‘(ii) with respect to the violator, the degree of
culpability, any history of prior violations, and the
size of the business concern.
‘‘(5) REVOCATION AND CIVIL PENALTY FOR INDIVIDUALS.—
‘‘(A) IN GENERAL.—The Administrator shall revoke any
airline transport pilot certificate issued under section 44703
held by any individual who, while acting on behalf of
an applicant for, or holder of, a type certificate, knowingly
makes a false statement with respect to any of the matters
described in subparagraphs (A) through (E) of paragraph
(1).
‘‘(B) AUTHORITY TO IMPOSE CIVIL PENALTY.—The
Administrator may impose a civil penalty under section
46301 for each violation described in subparagraph (A).
‘‘(6) RULE OF CONSTRUCTION.—Nothing in this subsection
shall be construed to affect or otherwise inhibit the authority
of the Administrator to deny an application by an applicant
for a type certificate or to revoke or amend a type certificate
of a holder of such certificate.
‘‘(7) DEFINITION OF TYPE CERTIFICATE.—In this subsection,
the term ‘type certificate’—
‘‘(A) means a type certificate issued under subsection
(a) or an amendment to such certificate; and
‘‘(B) does not include a supplemental type certificate
issued under subsection (b).’’.
(b) CIVIL PENALTY AUTHORITY.—Section 44704 of title 49,
United States Code, is further amended by adding at the end
the following:
‘‘(f) HEARING REQUIREMENT.—The Administrator may find that
a person has violated subsection (a)(6) or paragraph (1), (2), or
(3) of subsection (e) and impose a civil penalty under the applicable
subsection only after notice and an opportunity for a hearing. The
Administrator shall provide a person—
‘‘(1) written notice of the violation and the amount of penalty; and
‘‘(2) the opportunity for a hearing under subpart G of
part 13 of title 14, Code of Federal Regulations.’’.
(c) REQUIRED SUBMISSION OF OUTLINE OF SYSTEM CHANGES
AT THE BEGINNING OF THE CERTIFICATION PROCESS.—
(1) IN GENERAL.—Not later than 180 days after the date
of enactment of this title, the Administrator shall initiate a
process to revise procedures to require an applicant for an
amendment to a type certificate for a transport category aircraft
to disclose to the Administrator, in a single document submitted
at the beginning of the process for amending such certificate,
all new systems and intended changes to existing systems
then known to such applicant. The Administrator shall finalize
the revision of such procedures not later than 18 months after
initiating such process.
(2) APPLICATION.—Compliance with the procedures revised
pursuant to paragraph (1) shall not preclude an applicant from
making additional changes to aircraft systems as the design
and application process proceeds.
(3) SAVINGS PROVISION.—Nothing in this subsection may
be construed to limit the obligations of an applicant for an
amended type certificate for a transport category airplane under

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49 USC 44704
note.
Deadlines.
Procedures.

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134 STAT. 2320

PUBLIC LAW 116–260—DEC. 27, 2020
section 44704(e) of title 49, United States Code, as amended
in this title.

SEC. 106. LIMITATION ON DELEGATION.

Determination.

Definition.

Section 44702(d) of title 49, United States Code, is amended
by adding at the end the following:
‘‘(4)(A) With respect to a critical system design feature of a
transport category airplane, the Administrator may not delegate
any finding of compliance with applicable airworthiness standards
or review of any system safety assessment required for the issuance
of a certificate, including a type certificate, or amended or supplemental type certificate, under section 44704, until the Administrator
has reviewed and validated any underlying assumptions related
to human factors.
‘‘(B) The requirement under subparagraph (A) shall not apply
if the Administrator determines the matter involved is a routine
task.
‘‘(C) For purposes of subparagraph (A), the term critical system
design feature includes any feature (including a novel or unusual
design feature) for which the failure of such feature, either
independently or in combination with other failures, could result
in catastrophic or hazardous failure conditions, as those terms
are defined by the Administrator.’’.
SEC. 107. OVERSIGHT OF ORGANIZATION DESIGNATION AUTHORIZATION UNIT MEMBERS.

(a) IN GENERAL.—Chapter 447 of title 49, United States Code,
is amended by adding at the end the following:
49 USC 44741.
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Requirement.

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‘‘§ 44741. Approval of organization designation authorization
unit members
‘‘(a) IN GENERAL.—Beginning January 1, 2022, each individual
who is selected on or after such date to become an ODA unit
member by an ODA holder engaged in the design of an aircraft,
aircraft engine, propeller, or appliance and performs an authorized
function pursuant to a delegation by the Administrator of the Federal Aviation Administration under section 44702(d)—
‘‘(1) shall be—
‘‘(A) an employee, a contractor, or a consultant of the
ODA holder; or
‘‘(B) the employee of a supplier of the ODA holder;
and
‘‘(2) may not become a member of such unit unless approved
by the Administrator pursuant to this section.
‘‘(b) PROCESS AND TIMELINE.—
‘‘(1) IN GENERAL.—The Administrator shall maintain an
efficient process for the review and approval of an individual
to become an ODA unit member under this section.
‘‘(2) PROCESS.—An ODA holder described in subsection (a)
may submit to the Administrator an application for an individual to be approved to become an ODA unit member under
this section. The application shall be submitted in such form
and manner as the Administrator determines appropriate. The
Administrator shall require an ODA holder to submit with
such an application information sufficient to demonstrate an
individual’s qualifications under subsection (c).
‘‘(3) TIMELINE.—The Administrator shall approve or reject
an individual that is selected by an ODA holder to become

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2321

an ODA unit member under this section not later than 30
days after the receipt of an application by an ODA holder.
‘‘(4) DOCUMENTATION OF APPROVAL.—Upon approval of an
individual to become an ODA unit member under this section,
the Administrator shall provide such individual a letter confirming that such individual has been approved by the Administrator under this section to be an ODA unit member.
‘‘(5) REAPPLICATION.—An ODA holder may submit an
application under this subsection for an individual to become
an ODA unit member under this section regardless of whether
an application for such individual was previously rejected by
the Administrator.
‘‘(c) QUALIFICATIONS.—
‘‘(1) IN GENERAL.—The Administrator shall issue minimum
qualifications for an individual to become an ODA unit member
under this section. In issuing such qualifications, the Administrator shall consider existing qualifications for Administration
employees with similar duties and whether such individual—
‘‘(A) is technically proficient and qualified to perform
the authorized functions sought;
‘‘(B) has no recent record of serious enforcement action,
as determined by the Administrator, taken by the Administrator with respect to any certificate, approval, or
authorization held by such individual;
‘‘(C) is of good moral character (as such qualification
is applied to an applicant for an airline transport pilot
certificate issued under section 44703);
‘‘(D) possesses the knowledge of applicable design or
production requirements in this chapter and in title 14,
Code of Federal Regulations, necessary for performance
of the authorized functions sought;
‘‘(E) possesses a high degree of knowledge of applicable
design or production principles, system safety principles,
or safety risk management processes appropriate for the
authorized functions sought; and
‘‘(F) meets such testing, examination, training, or other
qualification standards as the Administrator determines
are necessary to ensure the individual is competent and
capable of performing the authorized functions sought.
‘‘(2) PREVIOUSLY REJECTED APPLICATION.—In reviewing an
application for an individual to become an ODA unit member
under this section, if an application for such individual was
previously rejected, the Administrator shall ensure that the
reasons for the prior rejection have been resolved or mitigated
to the Administrator’s satisfaction before making a determination on the individual’s reapplication.
‘‘(d) RESCISSION OF APPROVAL.—The Administrator may rescind
an approval of an individual as an ODA unit member granted
pursuant to this section at any time and for any reason the Administrator considers appropriate. The Administrator shall develop procedures to provide for notice and opportunity to appeal rescission
decisions made by the Administrator. Such decisions by the
Administrator are not subject to judicial review.
‘‘(e) CONDITIONAL SELECTIONS.—
‘‘(1) IN GENERAL.—Subject to the requirements of this subsection, the Administrator may authorize an ODA holder to
conditionally designate an individual to perform the functions

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Time period.

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Effective date.
Time period.
Determination.

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of an ODA unit member for a period of not more than 30
days (beginning on the date an application for such individual
is submitted under subsection (b)(2)).
‘‘(2) REQUIRED DETERMINATION.—The Administrator may
not make an authorization under paragraph (1) unless—
‘‘(A) the ODA holder has instituted, to the Administrator’s satisfaction, systems and processes to ensure the integrity and reliability of determinations by conditionally-designated ODA unit members; and
‘‘(B) the ODA holder has instituted a safety management system in accordance with regulations issued by the
Administrator under section 102 of the Aircraft Certification, Safety, and Accountability Act.
‘‘(3) FINAL DETERMINATION.—The Administrator shall
approve or reject the application for an individual designated
under paragraph (1) in accordance with the timeline and procedures described in subsection (b).
‘‘(4) REJECTION AND REVIEW.—If the Administrator rejects
the application submitted under subsection (b)(2) for an individual conditionally designated under paragraph (1), the
Administrator shall review and approve or disapprove any decision pursuant to any authorized function performed by such
individual during the period such individual served as a conditional designee.
‘‘(5) PROHIBITIONS.—Notwithstanding the requirements of
paragraph (2), the Administrator may prohibit an ODA holder
from making conditional designations of individuals as ODA
unit members under this subsection at any time for any reason
the Administrator considers appropriate. The Administrator
may prohibit any conditionally designated individual from performing an authorized function at any time for any reason
the Administrator considers appropriate.
‘‘(f) RECORDS AND BRIEFINGS.—
‘‘(1) IN GENERAL.—Beginning on the date described in subsection (a), an ODA holder shall maintain, for a period to
be determined by the Administrator and with proper protections
to ensure the security of sensitive and personal information—
‘‘(A) any data, applications, records, or manuals
required by the ODA holder’s approved procedures manual,
as determined by the Administrator;
‘‘(B) the names, responsibilities, qualifications, and
example signature of each member of the ODA unit who
performs an authorized function pursuant to a delegation
by the Administrator under section 44702(d);
‘‘(C) training records for ODA unit members and ODA
administrators; and
‘‘(D) any other data, applications, records, or manuals
determined appropriate by the Administrator.
‘‘(2) CONGRESSIONAL BRIEFING.—Not later than 90 days
after the date of enactment of this section, and every 90 days
thereafter through September 30, 2023, the Administrator shall
provide a briefing to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate
on the implementation and effects of this section, including—
‘‘(A) the Administration’s performance in completing
reviews of individuals and approving or denying such

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individuals within the timeline required under subsection
(b)(3);
‘‘(B) for any individual rejected by the Administrator
under subsection (b) during the preceding 90-day period,
the reasoning or basis for such rejection; and
‘‘(C) any resource, staffing, or other challenges within
the Administration associated with implementation of this
section.
‘‘(g) SPECIAL REVIEW OF QUALIFICATIONS.—
‘‘(1) IN GENERAL.—Not later than 30 days after the issuance
of minimum qualifications under subsection (c), the Administrator shall initiate a review of the qualifications of each individual who on the date on which such minimum qualifications
are issued is an ODA unit member of a holder of a type
certificate for a transport airplane to ensure such individual
meets the minimum qualifications issued by the Administrator
under subsection (c).
‘‘(2) UNQUALIFIED INDIVIDUAL.—For any individual who is
determined by the Administrator not to meet such minimum
qualifications pursuant to the review conducted under paragraph (1), the Administrator—
‘‘(A) shall determine whether the lack of qualification
may be remedied and, if so, provide such individual with
an action plan or schedule for such individual to meet
such qualifications; or
‘‘(B) may, if the Administrator determines the lack
of qualification may not be remedied, take appropriate
action, including prohibiting such individual from performing an authorized function.
‘‘(3) DEADLINE.—The Administrator shall complete the
review required under paragraph (1) not later than 18 months
after the date on which such review was initiated.
‘‘(4) SAVINGS CLAUSE.—An individual approved to become
an ODA unit member of a holder of a type certificate for
a transport airplane under subsection (a) shall not be subject
to the review under this subsection.
‘‘(h) PROHIBITION.—The Administrator may not authorize an
organization or ODA holder to approve an individual selected by
an ODA holder to become an ODA unit member under this section.
‘‘(i) DEFINITIONS.—
‘‘(1) GENERAL APPLICABILITY.—The definitions contained in
section 44736(c) shall apply to this section.
‘‘(2) TRANSPORT AIRPLANE.—The term ‘transport airplane’
means a transport category airplane designed for operation
by an air carrier or foreign air carrier type-certificated with
a passenger seating capacity of 30 or more or an all-cargo
or combi derivative of such an airplane.
‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $3,000,000 for each
of fiscal years 2021 through 2023.
‘‘§ 44742. Interference with the duties of organization designation authorization unit members
‘‘(a) IN GENERAL.—The Administrator of the Federal Aviation
Administration shall continuously seek to eliminate or minimize
interference by an ODA holder that affects the performance of
authorized functions by ODA unit members.

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Determinations.

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‘‘(b) PROHIBITION.—
‘‘(1) IN GENERAL.—It shall be unlawful for any individual
who is a supervisory employee of an ODA holder that manufactures a transport category airplane to commit an act of interference with an ODA unit member’s performance of authorized
functions.
‘‘(2) CIVIL PENALTY.—
‘‘(A) INDIVIDUALS.—An individual shall be subject to
a civil penalty under section 46301(a)(1) for each violation
under paragraph (1).
‘‘(B) SAVINGS CLAUSE.—Nothing in this paragraph shall
be construed as limiting or constricting any other authority
of the Administrator to pursue an enforcement action
against an individual or organization for violation of
applicable Federal laws or regulations of the Administration.
‘‘(c) REPORTING.—
‘‘(1) REPORTS TO ODA HOLDER.—An ODA unit member of
an ODA holder that manufactures a transport category airplane
shall promptly report any instances of interference to the office
of the ODA holder that is designated to receive such reports.
‘‘(2) REPORTS TO THE FAA.—
‘‘(A) IN GENERAL.—The ODA holder office described
in paragraph (1) shall investigate reports and submit to
the office of the Administration designated by the Administrator to accept and review such reports any instances
of interference reported under paragraph (1).
‘‘(B) CONTENTS.—The Administrator shall prescribe
parameters for the submission of reports to the Administration under this paragraph, including the manner, time,
and form of submission. Such report shall include the
results of any investigation conducted by the ODA holder
in response to a report of interference, a description of
any action taken by the ODA holder as a result of the
report of interference, and any other information or potentially mitigating factors the ODA holder or the Administrator deems appropriate.
‘‘(d) DEFINITIONS.—
‘‘(1) GENERAL APPLICABILITY.—The definitions contained in
section 44736(c) shall apply to this section.
‘‘(2) INTERFERENCE.—In this section, the term ‘interference’
means—
‘‘(A) blatant or egregious statements or behavior, such
as harassment, beratement, or threats, that a reasonable
person would conclude was intended to improperly influence or prejudice an ODA unit member’s performance of
his or her duties; or
‘‘(B) the presence of non-ODA unit duties or activities
that conflict with the performance of authorized functions
by ODA unit members.’’.
(b) ODA PROGRAM ENHANCEMENTS.—
(1) IN GENERAL.—Section 44736 of title 49, United States
Code, is amended by adding at the end the following:
‘‘(d) AUDITS.—
‘‘(1) IN GENERAL.—The Administrator shall perform a periodic audit of each ODA unit and its procedures.

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134 STAT. 2325

‘‘(2) DURATION.—An audit required under paragraph (1)
shall be performed with respect to an ODA holder once every
7 years (or more frequently as determined appropriate by the
Administrator).
‘‘(3) RECORDS.—The ODA holder shall maintain, for a
period to be determined by the Administrator, a record of—
‘‘(A) each audit conducted under this subsection; and
‘‘(B) any corrective actions resulting from each such
audit.
‘‘(e) FEDERAL AVIATION SAFETY ADVISORS.—
‘‘(1) IN GENERAL.—In the case of an ODA holder, the
Administrator shall assign FAA aviation safety personnel with
appropriate expertise to be advisors to the ODA unit members
that are authorized to make findings of compliance on behalf
of the Administrator. The advisors shall—
‘‘(A) communicate with assigned unit members on an
ongoing basis to ensure that the assigned unit members
are knowledgeable of relevant FAA policies and acceptable
methods of compliance; and
‘‘(B) monitor the performance of the assigned unit
members to ensure consistency with such policies.
‘‘(2) APPLICABILITY.—Paragraph (1) shall only apply to an
ODA holder that is—
‘‘(A) a manufacturer that holds both a type and a
production certificate for—
‘‘(i) transport category airplanes with a maximum
takeoff gross weight greater than 150,000 pounds; or
‘‘(ii) airplanes produced and delivered to operators
operating under part 121 of title 14, Code of Federal
Regulations, for air carrier service under such part
121; or
‘‘(B) a manufacturer of engines for an airplane
described in subparagraph (A).
‘‘(f) COMMUNICATION WITH THE FAA.—Neither the Administrator nor an ODA holder may prohibit—
‘‘(1) an ODA unit member from communicating with, or
seeking the advice of, the Administrator or FAA staff; or
‘‘(2) the Administrator or FAA staff from communicating
with an ODA unit member.’’.
(2) REPORT.—Not later than September 30, 2022, the
Administrator shall submit to the congressional committees
of jurisdiction a report on the implementation of subsections
(d) and (e) of section 44736 of title 49, United States Code,
as added by subsection (b).
(c) ADDITIONAL ODA PROGRAM ENHANCEMENTS.—Section 44736
of title 49, United States Code, is amended—
(1) in subsection (a)—
(A) in paragraph (1)—
(i) in subparagraph (A) by striking the semicolon
and inserting ‘‘; and’’;
(ii) by striking subparagraph (B);
(iii) in subparagraph (C) by striking ‘‘; and’’ and
inserting a period;
(iv) by striking subparagraph (D); and
(v) by redesignating subparagraph (C) as subparagraph (B); and

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PUBLIC LAW 116–260—DEC. 27, 2020
(B) in paragraph (3) by striking ‘‘shall—’’ and all that
follows through the end and inserting ‘‘shall conduct regular oversight activities by inspecting the ODA holder’s
delegated functions and taking action based on validated
inspection findings.’’; and
(2) in subsection (b)(3)—
(A) in subparagraph (A)—
(i) by striking clause (i) and redesignating clauses
(ii), (iii), and (iv) as clauses (i), (ii), and (iii), respectively;
(ii) in clause (i) as redesignated by inserting ‘‘,
as appropriate,’’ after ‘‘require’’;
(iii) in clause (ii) as redesignated by inserting ‘‘,
as appropriate,’’ after ‘‘require’’; and
(iv) in clause (iii) as redesignated by inserting
‘‘when appropriate,’’ before ‘‘make a reassessment’’;
(B) by striking subparagraph (B);
(C) in subparagraph (F) by inserting ‘‘, when appropriate,’’ before ‘‘approve’’; and
(D) by redesignating subparagraphs (C), (D), (E), and
(F) as subparagraphs (B), (C), (D), and (E), respectively.
(d) TECHNICAL CORRECTIONS.—
(1) SECTION 44737.—Chapter 447 of title 49, United States
Code, is further amended by redesignating the second section
44737 (as added by section 581 of the FAA Reauthorization
Act of 2018) as section 44740.
(2) ANALYSIS.—The analysis for chapter 447 of title 49,
United States Code, is amended—
(A) by striking the item relating to the second section
44737 (as added by section 581 of the FAA Reauthorization
Act of 2018); and
(B) by inserting after the item relating to section 44739
the following new items:

49 USC 44701
prec.

‘‘44740. Special rule for certain aircraft operations.
‘‘44741. Approval of organization designation authorization unit members.
‘‘44742. Interference with the duties of organization designation authorization unit
members.’’.

(3) SPECIAL RULE FOR CERTAIN AIRCRAFT OPERATIONS.—
Section 44740 of title 49, United States Code (as redesignated
by paragraph (1)), is amended—
(A) in the heading by striking the period at the end;
(B) in subsection (a)(1) by striking ‘‘chapter’’ and
inserting ‘‘section’’;
(C) in subsection (b)(1) by striking ‘‘(1)’’ the second
time it appears; and
(D) in subsection (c)(2) by adding a period at the end.
49 USC 44704
note.

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SEC. 108. INTEGRATED PROJECT TEAMS.

(a) IN GENERAL.—Upon receipt of an application for a type
certificate for a transport category airplane, the Administrator shall
convene an interdisciplinary integrated project team responsible
for coordinating review and providing advice and recommendations,
as appropriate, to the Administrator on such application.
(b) MEMBERSHIP.—In convening an interdisciplinary integrated
project team under subsection (a), the Administrator shall appoint
employees of the Administration or other Federal agencies, such
as the Air Force, Volpe National Transportation Systems Center,

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134 STAT. 2327

or the National Aeronautics and Space Administration (with the
concurrence of the head of such other Federal agency), with specialized expertise and experience in the fields of engineering, systems
design, human factors, and pilot training, including, at a minimum—
(1) not less than 1 designee of the Associate Administrator
for Aviation Safety whose duty station is in the Administration’s
headquarters;
(2) representatives of the Aircraft Certification Service of
the Administration;
(3) representatives of the Flight Standards Service of the
Administration;
(4) experts in the fields of human factors, aerodynamics,
flight controls, software, and systems design; and
(5) any other subject matter expert whom the Administrator determines appropriate.
(c) AVAILABILITY.—In order to carry out its duties with respect
to the areas specified in subsection (d), a project team shall be
available to the Administrator, upon request, at any time during
the certification process.
(d) DUTIES.—A project team shall advise the Administrator
and make written recommendations to the Administrator, to be
retained in the certification project file, including recommendations
for any plans, analyses, assessments, and reports required to support and document the certification project, in the following areas
associated with a new technology or novel design:
(1) Initial review of design proposals proposed by the
applicant and the establishment of the certification basis.
(2) Identification of new technology, novel design, or safety
critical design features or systems that are potentially catastrophic, either alone or in combination with another failure.
(3) Determination of compliance findings, system safety
assessments, and safety critical functions the Administration
should retain in terms of new technology, novel design, or
safety critical design features or systems.
(4) Evaluation of the Administration’s expertise or experience necessary to support the project.
(5) Review and evaluation of an applicant’s request for
exceptions or exemptions from compliance with airworthiness
standards codified in title 14 of the Code of Federal Regulations,
as in effect on the date of application for the change.
(6) Conduct of design reviews, procedure evaluations, and
training evaluations.
(7) Review of the applicant’s final design documentation
and other data to evaluate compliance with all relevant
Administration regulations.
(e) DOCUMENTATION OF FAA RESPONSE.—The Administrator
shall provide a written response to each recommendation of each
project team and shall retain such response in the certification
project file.
(f) REPORT.—Not later than 1 year after the date of enactment
of this section, and annually thereafter through fiscal year 2023,
the Administrator shall submit to the congressional committees
of jurisdiction a report on the establishment of each integrated
project team in accordance with this section during such fiscal
year, including the role and composition of each such project team.

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134 STAT. 2328
Deadline.

PUBLIC LAW 116–260—DEC. 27, 2020

SEC. 109. OVERSIGHT INTEGRITY BRIEFING.

Not later than 1 year after the date of enactment of this
title, the Administrator shall brief the congressional committees
of jurisdiction on specific measures the Administrator has taken
to reinforce that each employee of the Administration responsible
for overseeing an organization designation authorization with
respect to the certification of aircraft perform such responsibility
in accordance with safety management principles and in the public
interest of aviation safety.
SEC. 110. APPEALS OF CERTIFICATION DECISIONS.

Deadline.

Review.

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Review.

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(a) IN GENERAL.—Section 44704, of title 49, United States
Code, as amended by section 105(b), is further amended by adding
at the end the following:
‘‘(g) CERTIFICATION DISPUTE RESOLUTION.—
‘‘(1) DISPUTE RESOLUTION PROCESS AND APPEALS.—
‘‘(A) IN GENERAL.—Not later than 60 days after the
date of enactment of this subsection, the Administrator
shall issue an order establishing—
‘‘(i) an effective, timely, and milestone-based issue
resolution process for type certification activities under
subsection (a); and
‘‘(ii) a process by which a decision, finding of
compliance or noncompliance, or other act of the
Administration, with respect to compliance with design
requirements, may be appealed by a covered person
directly involved with the certification activities in dispute on the basis that such decision, finding, or act
is erroneous or inconsistent with this chapter, regulations, or guidance materials promulgated by the
Administrator, or other requirements.
‘‘(B) ESCALATION.—The order issued under subparagraph (A) shall provide processes for—
‘‘(i) resolution of technical issues at pre-established
stages of the certification process, as agreed to by
the Administrator and the type certificate applicant;
‘‘(ii) automatic elevation to appropriate management personnel of the Administration and the type
certificate applicant of any major certification process
milestone that is not completed or resolved within
a specific period of time agreed to by the Administrator
and the type certificate applicant;
‘‘(iii) resolution of a major certification process
milestone elevated pursuant to clause (ii) within a
specific period of time agreed to by the Administrator
and the type certificate applicant;
‘‘(iv) initial review by appropriate Administration
employees of any appeal described in subparagraph
(A)(ii); and
‘‘(v) subsequent review of any further appeal by
appropriate management personnel of the Administration and the Associate Administrator for Aviation
Safety.
‘‘(C) DISPOSITION.—
‘‘(i) WRITTEN DECISION.—The Associate Administrator for Aviation Safety shall issue a written decision

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2329

that states the grounds for the decision of the Associate
Administrator on—
‘‘(I) each appeal submitted under subparagraph (A)(ii); and
‘‘(II) An appeal to the Associate Administrator
submitted under subparagraph (B)(v).
‘‘(ii) REPORT TO CONGRESS.—Not later than
December 31 of each calendar year through calendar
year 2025, the Administrator shall submit to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a
report summarizing each appeal resolved under this
subsection.
‘‘(D) FINAL REVIEW.—
‘‘(i) IN GENERAL.—A written decision of the Associate Administrator under subparagraph (C) may be
appealed to the Administrator for a final review and
determination.
‘‘(ii) DECLINE TO REVIEW.—The Administrator may
decline to review an appeal initiated pursuant to clause
(i).
‘‘(iii) JUDICIAL REVIEW.—No decision under this
paragraph (including a decision to decline to review
an appeal) shall be subject to judicial review.
‘‘(2) PROHIBITED CONTACTS.—
‘‘(A) PROHIBITION GENERALLY.—During the course of
an appeal under this subsection, no covered official may
engage in an ex parte communication (as defined in section
551 of title 5) with an individual representing or acting
on behalf of an applicant for, or holder of, a certificate
under this section in relation to such appeal unless such
communication is disclosed pursuant to subparagraph (B).
‘‘(B) DISCLOSURE.—If, during the course of an appeal
under this subsection, a covered official engages in,
receives, or is otherwise made aware of an ex parte communication, the covered official shall disclose such communication in the public record at the time of the issuance of
the written decision under paragraph (1)(C), including the
time and date of the communication, subject of communication, and all persons engaged in such communication.
‘‘(3) DEFINITIONS.—In this subsection:
‘‘(A) COVERED PERSON.—The term ‘covered person’
means either—
‘‘(i) an employee of the Administration whose
responsibilities relate to the certification of aircraft,
engines, propellers, or appliances; or
‘‘(ii) an applicant for, or holder of, a type certificate
or amended type certificate issued under this section.
‘‘(B) COVERED OFFICIAL.—The term ‘covered official’
means the following officials:
‘‘(i) The Executive Director or any Deputy Director
of the Aircraft Certification Service.
‘‘(ii) The Deputy Executive Director for Regulatory
Operations of the Aircraft Certification Service.

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134 STAT. 2330

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PUBLIC LAW 116–260—DEC. 27, 2020

‘‘(iii) The Director or Deputy Director of the
Compliance and Airworthiness Division of the Aircraft
Certification Service.
‘‘(iv) The Director or Deputy Director of the System
Oversight Division of the Aircraft Certification Service.
‘‘(v) The Director or Deputy Director of the Policy
and Innovation Division of the Aircraft Certification
Service.
‘‘(vi) The Executive Director or any Deputy Executive Director of the Flight Standards Service.
‘‘(vii) The Associate Administrator or Deputy Associate Administrator for Aviation Safety.
‘‘(viii) The Deputy Administrator of the Federal
Aviation Administration.
‘‘(ix) The Administrator of the Federal Aviation
Administration.
‘‘(x) Any similarly situated or successor FAA
management position to those described in clauses (i)
through (ix), as determined by the Administrator.
‘‘(C) MAJOR CERTIFICATION PROCESS MILESTONE.—The
term ‘major certification process milestone’ means a milestone related to the type certification basis, type certification plan, type inspection authorization, issue paper, or
other major type certification activity agreed to by the
Administrator and the type certificate applicant.
‘‘(4) RULE OF CONSTRUCTION.—Nothing in this subsection
shall apply to the communication of a good-faith complaint
by any individual alleging—
‘‘(A) gross misconduct;
‘‘(B) a violation of title 18; or
‘‘(C) a violation of any of the provisions of part 2635
or 6001 of title 5, Code of Federal Regulations.’’.
(b) CONFORMING AMENDMENT.—Section 44704(a) of title 49,
United States Code, is amended by striking paragraph (6).
SEC. 111. EMPLOYMENT RESTRICTIONS.

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(a) DISQUALIFICATION BASED ON PRIOR EMPLOYMENT.—An
employee of the Administration with supervisory responsibility may
not direct, conduct, or otherwise participate in oversight of a holder
of a certificate issued under section 44704 of title 49, United States
Code, that previously employed such employee in the preceding
1-year period.
(b) POST-EMPLOYMENT RESTRICTIONS.—Section 44711(d) of title
49, United States Code, is amended to read as follows:
‘‘(d) POST-EMPLOYMENT RESTRICTIONS FOR INSPECTORS AND
ENGINEERS.—
‘‘(1) PROHIBITION.—A person holding a certificate issued
under part 21 or 119 of title 14, Code of Federal Regulations,
may not knowingly employ, or make a contractual arrangement
that permits, an individual to act as an agent or representative
of such person in any matter before the Administration if
the individual, in the preceding 2-year period—
‘‘(A) served as, or was responsible for oversight of—
‘‘(i) a flight standards inspector of the Administration; or
‘‘(ii) an employee of the Administration with
responsibility for certification functions with respect

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2331

to a holder of a certificate issued under section
44704(a); and
‘‘(B) had responsibility to inspect, or oversee inspection
of, the operations of such person.
‘‘(2) WRITTEN AND ORAL COMMUNICATIONS.—For purposes
of paragraph (1), an individual shall be considered to be acting
as an agent or representative of a certificate holder in a matter
before the Administration if the individual makes any written
or oral communication on behalf of the certificate holder to
the Administration (or any of its officers or employees) in
connection with a particular matter, whether or not involving
a specific party and without regard to whether the individual
has participated in, or had responsibility for, the particular
matter while serving as an individual covered under paragraph
(1).’’.
SEC. 112. PROFESSIONAL DEVELOPMENT, SKILLS ENHANCEMENT,
CONTINUING EDUCATION AND TRAINING.

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(a) IN GENERAL.—Chapter 445 of title 49, United States Code,
is amended by adding at the end the following:
‘‘§ 44519. Certification personnel continuing education and
training
‘‘(a) IN GENERAL.—The Administrator of the Federal Aviation
Administration shall—
‘‘(1) develop a program for regular recurrent training of
engineers, inspectors, and other subject-matter experts
employed in the Aircraft Certification Service of the Administration in accordance with the training strategy developed pursuant to section 231 of the FAA Reauthorization Act of 2018
(Public Law 115–254; 132 Stat. 3256);
‘‘(2) to the maximum extent practicable, implement measures, including assignments in multiple divisions of the Aircraft
Certification Service, to ensure that such engineers and other
subject-matter experts in the Aircraft Certification Service have
access to diverse professional opportunities that expand their
knowledge and skills;
‘‘(3) develop a program to provide continuing education
and training to Administration personnel who hold positions
involving aircraft certification and flight standards, including
human factors specialists, engineers, flight test pilots, inspectors, and, as determined appropriate by the Administrator,
industry personnel who may be responsible for compliance
activities including designees; and
‘‘(4) in consultation with outside experts, develop—
‘‘(A) an education and training curriculum on current
and new aircraft technologies, human factors, project
management, and the roles and responsibilities associated
with oversight of designees; and
‘‘(B) recommended practices for compliance with
Administration regulations.
‘‘(b) IMPLEMENTATION.—The Administrator shall, to the maximum extent practicable, ensure that actions taken pursuant to
subsection (a)—
‘‘(1) permit engineers, inspectors, and other subject matter
experts to continue developing knowledge of, and expertise
in, new and emerging technologies in systems design, flight

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49 USC 44519.

Consultation.

Recommendations.

PUBL260B

134 STAT. 2332

49 USC 44501
prec.

PUBLIC LAW 116–260—DEC. 27, 2020

controls, principles of aviation safety, system oversight, and
certification project management;
‘‘(2) minimize the likelihood of an individual developing
an inappropriate bias toward a designer or manufacturer of
aircraft, aircraft engines, propellers, or appliances;
‘‘(3) are consistent with any applicable collective bargaining
agreements; and
‘‘(4) account for gaps in knowledge and skills (as identified
by the Administrator in consultation with the exclusive bargaining representatives certified under section 7111 of title
5, United States Code) between Administration employees and
private-sector employees for each group of Administration
employees covered under this section.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Administrator, $10,000,000 for each of
fiscal years 2021 through 2023 to carry out this section. Amounts
appropriated under the preceding sentence for any fiscal year shall
remain available until expended.’’.
(b) TABLE OF CONTENTS.—The analysis for chapter 445 of title
49, United States Code, is amended by inserting after the item
relating to section 44518 the following:
‘‘44519. Certification personnel continuing education and training.’’.

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49 USC 44701
note.

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SEC. 113. VOLUNTARY SAFETY REPORTING PROGRAM.

(a) IN GENERAL.—Not later than 1 year after the date of enactment of this title, the Administrator shall establish a voluntary
safety reporting program for engineers, safety inspectors, systems
safety specialists, and other subject matter experts certified under
section 7111 of title 5, United States Code, to confidentially report
instances where they have identified safety concerns during certification or oversight processes.
(b) SAFETY REPORTING PROGRAM REQUIREMENTS.—In establishing the safety reporting program under subsection (a), the
Administrator shall ensure the following:
(1) The FAA maintains a reporting culture that encourages
human factors specialists, engineers, flight test pilots, inspectors, and other appropriate FAA employees to voluntarily report
safety concerns.
(2) The safety reporting program is non-punitive, confidential, and protects employees from adverse employment actions
related to their participation in the program.
(3) The safety reporting program identifies exclusionary
criteria for the program.
(4) Collaborative development of the program with bargaining representatives of employees under section 7111 of
title 5, United States Code, who are employed in the Aircraft
Certification Service or Flight Standards Service of the
Administration (or, if unable to reach an agreement collaboratively, the Administrator shall negotiate with the representatives in accordance with section 40122(a) of title 49, United
States Code, regarding the development of the program).
(5) Full and collaborative participation in the program by
the bargaining representatives of employees described in paragraph (4).

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2333

(6) The Administrator thoroughly reviews safety reports
to determine whether there is a safety issue, including a hazard,
defect, noncompliance, nonconformance, or process error.
(7) The Administrator thoroughly reviews safety reports
to determine whether any aircraft certification process contributed to the safety concern being raised.
(8) The creation of a corrective action process in order
to address safety issues that are identified through the program.
(c) OUTCOMES.—Results of safety report reviews under this
section may be used to—
(1) improve—
(A) safety systems, hazard control, and risk reduction;
(B) certification systems;
(C) FAA oversight;
(D) compliance and conformance; and
(E) any other matter determined necessary by the
Administrator; and
(2) implement lessons learned.
(d) REPORT FILING.—The Administrator shall establish requirements for when in the certification process reports may be filed
to—
(1) ensure that identified issues can be addressed in a
timely manner; and
(2) foster open dialogue between applicants and FAA
employees throughout the certification process.
(e) INTEGRATION WITH OTHER SAFETY REPORTING PROGRAMS.—
The Administrator shall implement the safety reporting program
established under subsection (a) and the reporting requirements
established pursuant to subsection (d) in a manner that is consistent
with other voluntary safety reporting programs administered by
the Administrator.
(f) REPORT TO CONGRESS.—Not later than 2 years after the
date of enactment of this title, and annually thereafter through
fiscal year 2023, the Administrator shall submit to the congressional
committees of jurisdiction a report on the effectiveness of the safety
reporting program established under subsection (a).

Review.
Determination.
Review.
Determination.

Reviews.

Requirements.

SEC. 114. COMPENSATION LIMITATION.

Section 106(l) of title 49, United States Code, is amended by
adding at the end the following:
‘‘(7) PROHIBITION ON CERTAIN PERFORMANCE-BASED INCENTIVES.—No employee of the Administration shall be given an
award, financial incentive, or other compensation, as a result
of actions to meet performance goals related to meeting or
exceeding schedules, quotas, or deadlines for certificates issued
under section 44704.’’.

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SEC. 115. SYSTEM SAFETY ASSESSMENTS AND OTHER REQUIREMENTS.

(a) IN GENERAL.—Not later than 2 years after the date of
enactment of this title, the Administrator shall issue such regulations as are necessary to amend part 25 of title 14, Code of Federal
Regulations, and any associated advisory circular, guidance, or
policy of the Administration, in accordance with this section.
(b) SYSTEM SAFETY ASSESSMENTS AND OTHER REQUIREMENTS.—
In developing regulations under subsection (a), the Administrator
shall—

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note.
Deadline.
Regulations.

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134 STAT. 2334

PUBLIC LAW 116–260—DEC. 27, 2020

(1) require an applicant for an amended type certificate
for a transport airplane to—
(A) perform a system safety assessment with respect
to each proposed design change that the Administrator
determines is significant, with such assessment considering
the airplane-level effects of individual errors, malfunctions,
or failures and realistic pilot response times to such errors,
malfunctions, or failures;
(B) update such assessment to account for each subsequent proposed design change that the Administrator determines is significant;
(C) provide appropriate employees of the Administration with the data and assumptions underlying each assessment and amended assessment; and
(D) provide for document traceability and clarity of
explanations for changes to aircraft type designs and
system safety assessment certification documents; and
(2) work with other civil aviation authorities representing
states of design to ensure such regulations remain harmonized
internationally.
(c) GUIDANCE.—Guidance or an advisory circular issued under
subsection (a) shall, at minimum—
(1) emphasize the importance of clear documentation of
the technical details and failure modes and effects of a design
change described in subsection (b)(1); and
(2) ensure appropriate review of any change that results
in a functional hazard assessment classification of major or
greater, as such term is defined in FAA Advisory Circular
25.1309-1A (or any successor or replacement document).
(d) FAA REVIEW.—Appropriate employees of the Aircraft Certification Service and the Flight Standards Service of the Administration shall review each system safety assessment required under
subsection (b)(1)(A), updated assessment required under subsection
(b)(1)(B), and supporting data and assumptions required under
subsection (b)(1)(C), to ensure that each such assessment sufficiently addresses the considerations listed in subsection (b)(1)(A).
49 USC 44704
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Deadline.

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SEC. 116. FLIGHT CREW ALERTING.

(a) IN GENERAL.—Not later than 1 year after the date of enactment of this title, the Administrator shall implement National
Transportation Safety Board recommendations A–19–11 and A–
19–12 (as contained in the safety recommendation report adopted
on September 9, 2019).
(b) PROHIBITION.—Beginning on the date that is 2 years after
the date of enactment of this title, the Administrator may not
issue a type certificate for a transport category aircraft unless—
(1) in the case of a transport airplane, such airplane incorporates a flight crew alerting system that, at a minimum,
displays and differentiates among warnings, cautions, and
advisories, and includes functions to assist the flight crew in
prioritizing corrective actions and responding to systems failures; or
(2) in the case of a transport category aircraft other than
a transport airplane, the type certificate applicant provides
a means acceptable to the Administrator to assist the flight
crew in prioritizing corrective actions and responding to systems
failures (including by cockpit or flight manual procedures).

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2335

(c) EXISTING AIRPLANE DESIGNS.—It is the sense of Congress
that the FAA shall ensure that any system safety assessment
with respect to the Boeing 737-7, 737-8, 737-9, and 737-10 airplanes,
as described in National Transportation Safety Board recommendation A-19-10, is conducted in accordance with such recommendation.
SEC. 117. CHANGED PRODUCT RULE.

(a) REVIEW

AND

REEVALUATION

OF

AMENDED TYPE CERTIFI-

49 USC 44704
note.

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CATES.—

(1) INTERNATIONAL LEADERSHIP.—The Administrator shall
exercise leadership in the creation of international policies and
standards relating to the issuance of amended type certificates
within the Certification Management Team.
(2) REEVALUATION OF AMENDED TYPE CERTIFICATES.—In
carrying out this subsection, the Administrator shall—
(A) encourage Certification Management Team members to examine and address any relevant covered recommendations (as defined in section 121(c)) relating to
the issuance of amended type certificates;
(B) reevaluate existing assumptions and practices
inherent in the amended type certificate process and assess
whether such assumptions and practices are valid; and
(C) ensure, to the greatest extent practicable, that
Federal regulations relating to the issuance of amended
type certificates are harmonized with the regulations of
other international states of design.
(b) AMENDED TYPE CERTIFICATE REPORT AND RULEMAKING.—
(1) BRIEFINGS.—Not later than 12 months after the date
of enactment of this title, and annually thereafter through
fiscal year 2023, the Administrator shall brief the congressional
committees of jurisdiction on the work and status of the
development of such recommendations by the Certification
Management Team.
(2) INITIATION OF ACTION.—Not later than 2 years after
the date of enactment of this title, the Administrator shall
take action to revise and improve the process of issuing
amended type certificates in accordance with this section. Such
action shall include, at minimum—
(A) initiation of a rulemaking proceeding; and
(B) development or revision of guidance and training
materials.
(3) CONTENTS.—In taking actions required under paragraph
(2), the Administrator shall do the following:
(A) Ensure that proposed changes to an aircraft are
evaluated from an integrated whole aircraft system
perspective that examines the integration of proposed
changes with existing systems and associated impacts.
(B) Define key terms used for the changed product
process under sections 21.19 and 21.101 of title 14, Code
of Federal Regulations.
(C) Consider—
(i) the findings and work of the Certification
Management Team and other similar international
harmonization efforts;
(ii) any relevant covered recommendations (as
defined in section 121(c)); and

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PUBLIC LAW 116–260—DEC. 27, 2020
(iii) whether a fixed time beyond which a type
certificate may not be amended would improve aviation
safety.
(D) Establish the extent to which the following design
characteristics should preclude the issuance of an amended
type certificate:
(i) A new or revised flight control system.
(ii) Any substantial changes to aerodynamic stability resulting from a physical change that may
require a new or modified software system or control
law in order to produce positive and acceptable stability
and handling qualities.
(iii) A flight control system or augmented software
to maintain aerodynamic stability in any portion of
the flight envelope that was not required for a previously certified derivative.
(iv) A change in structural components (other than
a stretch or shrink of the fuselage) that results in
a change in structural load paths or the magnitude
of structural loads attributed to flight maneuvers or
cabin pressurization.
(v) A novel or unusual system, component, or other
feature whose failure would present a hazardous or
catastrophic risk.
(E) Develop objective criteria for helping to determine
what constitutes a substantial change and a significant
change.
(F) Implement mandatory aircraft-level reviews
throughout the certification process to validate the certification basis and assumptions.
(G) Require maintenance of relevant records of agreements between the FAA and an applicant that affect certification documentation and deliverables.
(H) Ensure appropriate documentation of any exception
or exemption from airworthiness requirements codified in
title 14 of the Code of Federal Regulations, as in effect
on the date of application for the change.
(4) GUIDANCE MATERIALS.—The Administrator shall consider the following when developing orders and regulatory guidance, including advisory circulars, where appropriate:
(A) Early FAA involvement and feedback paths in the
aircraft certification process to ensure the FAA is aware
of changes to design assumptions and product design
impacting a changed product assessment.
(B) Presentation to the FAA of new technology, novel
design, or safety critical features or systems, initially and
throughout the certification process, when development and
certification prompt design or compliance method revision.
(C) Examples of key terms used for the changed
product process under sections 21.19 and 21.101 of title
14, Code of Federal Regulations.
(D) Type certificate data sheet improvements to
accurately state which regulations and amendment level
the aircraft complies to and when compliance is limited
to a subset of the aircraft.
(E) Policies to guide applicants on proper visibility,
clarity, and consistency of key design and compliance

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information that is submitted for certification, particularly
with new design features.
(F) The creation, validation, and implementation of
analytical tools appropriate for the analysis of complex
system for the FAA and applicants.
(G) Early coordination processes with the FAA for the
functional hazard assessments validation and preliminary
system safety assessments review.
(5) TRAINING MATERIALS.—The Administrator shall—
(A) develop training materials for establishing the certification basis for changed aeronautical products pursuant
to section 21.101 of title 14, Code of Federal Regulations,
applications for a new type certificate pursuant to section
21.19 of such title, and the regulatory guidance developed
as a result of the rulemaking conducted pursuant to paragraph (2); and
(B) procedures for disseminating such materials to
implementing personnel of the FAA, designees, and
applicants.
(6) CERTIFICATION MANAGEMENT TEAM DEFINED.—In this
section, the term ‘‘Certification Management Team’’ means the
team framework under which the FAA, the European Aviation
Safety Agency, the Transport Canada Civil Aviation, and the
National Civil Aviation Agency of Brazil, manage the technical,
policy, certification, manufacturing, export, and continued airworthiness issues common among the 4 authorities.
(7) DEADLINE.—The Administrator shall finalize the actions
initiated under paragraph (2) not later than 3 years after
the date of enactment of this title.
(c) INTERNATIONAL LEADERSHIP.—The Administrator shall exercise leadership within the ICAO and among other civil aviation
regulators representing states of aircraft design to advocate for
the adoption of an amended changed product rule on a global
basis, consistent with ICAO standards.

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SEC. 118. WHISTLEBLOWER PROTECTIONS.

Section 42121 of title 49, United States Code, is amended—
(1) by striking subsection (a) and inserting the following:
‘‘(a) PROHIBITED DISCRIMINATION.—A holder of a certificate
under section 44704 or 44705 of this title, or a contractor, subcontractor, or supplier of such holder, may not discharge an employee
or otherwise discriminate against an employee with respect to compensation, terms, conditions, or privileges of employment because
the employee (or any person acting pursuant to a request of the
employee)—
‘‘(1) provided, caused to be provided, or is about to provide
(with any knowledge of the employer) or cause to be provided
to the employer or Federal Government information relating
to any violation or alleged violation of any order, regulation,
or standard of the Federal Aviation Administration or any
other provision of Federal law relating to aviation safety under
this subtitle or any other law of the United States;
‘‘(2) has filed, caused to be filed, or is about to file (with
any knowledge of the employer) or cause to be filed a proceeding
relating to any violation or alleged violation of any order, regulation, or standard of the Federal Aviation Administration or

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any other provision of Federal law relating to aviation safety
under this subtitle or any other law of the United States;
‘‘(3) testified or is about to testify in such a proceeding;
or
‘‘(4) assisted or participated or is about to assist or participate in such a proceeding.’’;
(2) by striking subsection (d) and inserting the following:
‘‘(d) NONAPPLICABILITY TO DELIBERATE VIOLATIONS.—Subsection (a) shall not apply with respect to an employee of a holder
of a certificate issued under section 44704 or 44705, or a contractor
or subcontractor thereof, who, acting without direction from such
certificate-holder, contractor, or subcontractor (or such person’s
agent), deliberately causes a violation of any requirement relating
to aviation safety under this subtitle or any other law of the
United States.’’; and
(3) by striking subsection (e) and inserting the following:
‘‘(e) CONTRACTOR DEFINED.—In this section, the term ‘contractor’ means—
‘‘(1) a person that performs safety-sensitive functions by
contract for an air carrier or commercial operator; or
‘‘(2) a person that performs safety-sensitive functions
related to the design or production of an aircraft, aircraft
engine, propeller, appliance, or component thereof by contract
for a holder of a certificate issued under section 44704.’’.
SEC. 119. DOMESTIC AND INTERNATIONAL PILOT TRAINING.

(a) IN GENERAL.—Chapter 447 of title 49, United States Code,
as amended by section 107, is further amended by adding at the
end the following:
49 USC 44743.

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Review.

Effective date.

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‘‘§ 44743. Pilot training requirements
‘‘(a) IN GENERAL.—
‘‘(1) ADMINISTRATOR’S DETERMINATION.—In establishing any
pilot training requirements with respect to a new transport
airplane, the Administrator of the Federal Aviation Administration shall independently review any proposal by the manufacturer of such airplane with respect to the scope, format, or
minimum level of training required for operation of such airplane.
‘‘(2) ASSURANCES AND MARKETING REPRESENTATIONS.—
Before the Administrator has established applicable training
requirements, an applicant for a new or amended type certificate for an airplane described in paragraph (1) may not, with
respect to the scope, format, or magnitude of pilot training
for such airplane—
‘‘(A) make any assurance or other contractual commitment, whether verbal or in writing, to a potential purchaser
of such airplane unless a clear and conspicuous disclaimer
(as defined by the Administrator) is included regarding
the status of training required for operation of such airplane; or
‘‘(B) provide financial incentives (including rebates) to
a potential purchaser of such airplane regarding the scope,
format, or magnitude of pilot training for such airplane.
‘‘(b) PILOT RESPONSE TIME.—Beginning on the day after the
date on which regulations are issued under section 119(c)(6) of
the Aircraft Certification, Safety, and Accountability Act, the

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Administrator may not issue a new or amended type certificate
for an airplane described in subsection (a) unless the applicant
for such certificate has demonstrated to the Administrator that
the applicant has accounted for realistic assumptions regarding
the time for pilot responses to non-normal conditions in designing
the systems and instrumentation of such airplane. Such assumptions shall—
‘‘(1) be based on test data, analysis, or other technical
validation methods; and
‘‘(2) account for generally accepted scientific consensus
among experts in human factors regarding realistic pilot
response time.
‘‘(c) DEFINITION.—In this section, the term ‘transport airplane’
means a transport category airplane designed for operation by
an air carrier or foreign air carrier type-certificated with a passenger seating capacity of 30 or more or an all-cargo or combi
derivative of such an airplane.’’.
(b) CONFORMING AMENDMENT.—The analysis for chapter 447
of title 49, United States Code, is further amended by adding
at the end the following:

49 USC 44701
prec.

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‘‘44743. Pilot training requirements.’’.

(c) EXPERT SAFETY REVIEW.—
(1) IN GENERAL.—Not later than 30 days after the date
of enactment of this title, the Administrator shall initiate an
expert safety review of assumptions relied upon by the Administration and manufacturers of transport category aircraft in
the design and certification of such aircraft.
(2) CONTENTS.—The expert safety review required under
paragraph (1) shall include—
(A) a review of Administration regulations, guidance,
and directives related to pilot response assumptions relied
upon by the FAA and manufacturers of transport category
aircraft in the design and certification of such aircraft,
and human factors and human system integration, particularly those related to pilot and aircraft interfaces;
(B) a focused review of the assumptions relied on
regarding the time for pilot responses to non-normal conditions in designing such aircraft’s systems and instrumentation, including responses to safety-significant failure conditions and failure scenarios that trigger multiple, and possibly conflicting, warnings and alerts;
(C) a review of human factors assumptions with
applicable operational data, human factors research and
the input of human factors experts and FAA operational
data, and as appropriate, recommendations for modifications to existing assumptions;
(D) a review of revisions made to the airman certification standards for certificates over the last 4 years,
including any possible effects on pilot competency in basic
manual flying skills;
(E) consideration of the global nature of the aviation
marketplace, varying levels of pilot competency, and differences in pilot training programs worldwide;
(F) a process for aviation stakeholders, including pilots,
airlines, inspectors, engineers, test pilots, human factors

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note.
Deadline.

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134 STAT. 2340

experts, and other aviation safety experts, to provide and
discuss any observations, feedback, and best practices;
(G) a review of processes currently in place to ensure
that when carrying out the certification of a new aircraft
type, or an amended type, the cumulative effects that new
technologies, and the interaction between new technologies
and unchanged systems for an amended type certificate,
may have on pilot interactions with aircraft systems are
properly assessed through system safety assessments or
otherwise; and
(H) a review of processes currently in place to account
for any necessary adjustments to system safety assessments, pilot procedures and training requirements, or
design requirements when there are changes to the
assumptions relied upon by the Administration and manufacturers of transport category aircraft in the design and
certification of such aircraft.
(3) REPORT AND RECOMMENDATIONS.—Not later than 30
days after the conclusion of the expert safety review pursuant
to paragraph (1), the Administrator shall submit to the congressional committees of jurisdiction a report on the results of
the review, including any recommendations for actions or best
practices to ensure the FAA and the manufacturers of transport
category aircraft have accounted for pilot response assumptions
to be relied upon in the design and certification of transport
category aircraft and tools or methods identified to better
integrate human factors throughout the process for such certification.
(4) INTERNATIONAL ENGAGEMENT.—The Administrator shall
notify other international regulators that certify transport category aircraft type designs of the expert panel report and
encourage them to review the report and evaluate their regulations and processes in light of the recommendations included
in the report.
(5) TERMINATION.—The expert safety review shall end upon
submission of the report required pursuant to paragraph (3).
(6) REGULATIONS.—The Administrator shall issue or update
such regulations as are necessary to implement the recommendations of the expert safety review that the Administrator determines are necessary to improve aviation safety.
(d) CALL TO ACTION ON AIRMAN CERTIFICATION STANDARDS.—
(1) IN GENERAL.—Not later than 60 days after the date
of enactment of this title, the Administrator shall initiate a
call to action safety review of pilot certification standards in
order to bring stakeholders together to share lessons learned,
best practices, and implement actions to address any safety
issues identified.
(2) CONTENTS.—The call to action safety review required
under paragraph (1) shall include—
(A) a review of Administration regulations, guidance,
and directives related to the pilot certification standards,
including the oversight of those processes;
(B) a review of revisions made to the pilot certification
standards for certificates over the last 5 years, including
any possible effects on pilot competency in manual flying
skills and effectively managing automation to improve
safety; and

Notification.
Evaluation.

Deadline.

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Time period.

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134 STAT. 2341

(C) a process for aviation stakeholders, including aviation students, instructors, designated pilot examiners,
pilots, airlines, labor, and aviation safety experts, to provide
and discuss any observations, feedback, and best practices.
(3) REPORT AND RECOMMENDATIONS.—Not later than 90
days after the conclusion of the call to action safety review
pursuant to paragraph (1), the Administrator shall submit to
the congressional committees of jurisdiction a report on the
results of the review, any recommendations for actions or best
practices to ensure pilot competency in basic manual flying
skills and in effective management of automation, and actions
the Administrator will take in response to the recommendations.
(e) INTERNATIONAL PILOT TRAINING.—
(1) IN GENERAL.—The Secretary of Transportation, the
Administrator, and other appropriate officials of the Government shall exercise leadership in setting global standards to
improve air carrier pilot training and qualifications for—
(A) monitoring and managing the behavior and
performance of automated systems;
(B) controlling the flightpath of aircraft without
autoflight systems engaged;
(C) effectively utilizing and managing autoflight systems, when appropriate;
(D) effectively identifying situations in which the use
of autoflight systems is appropriate and when such use
is not appropriate; and
(E) recognizing and responding appropriately to nonnormal conditions.
(2) INTERNATIONAL LEADERSHIP.—The Secretary, the
Administrator, and other appropriate officials of the Government shall exercise leadership under paragraph (1) by working
with—
(A) foreign counterparts of the Administrator in the
ICAO and its subsidiary organizations;
(B) other international organizations and fora; and
(C) the private sector.
(3) CONSIDERATIONS.—In exercising leadership under paragraph (1), the Secretary, the Administrator, and other appropriate officials of the Government shall consider—
(A) the latest information relating to human factors;
(B) aircraft manufacturing trends, including those
relating to increased automation in the cockpit;
(C) the extent to which cockpit automation improves
aviation safety and introduces novel risks;
(D) the availability of opportunities for pilots to practice
manual flying skills;
(E) the need for consistency in maintaining and
enhancing manual flying skills worldwide;
(F) recommended practices of other countries that
enhance manual flying skills and automation management;
and
(G) whether a need exists for initial and recurrent
training standards for improve pilots’ proficiency in manual
flight and in effective management of autoflight systems.
(4) CONGRESSIONAL BRIEFING.—The Secretary, the Administrator, and other appropriate officials of the Government shall

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note.

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Consultation.

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PUBLIC LAW 116–260—DEC. 27, 2020

provide to the congressional committees of jurisdiction regular
briefings on the status of efforts undertaken pursuant to this
subsection.
(f) INTERNATIONAL AVIATION SAFETY.—Section 40104(b) of title
49, United States Code, is amended—
(1) by striking ‘‘The Administrator shall’’ and inserting
the following:
‘‘(1) IN GENERAL.—The Administrator shall’’; and
(2) by adding at the end the following:
‘‘(2) BILATERAL AND MULTILATERAL ENGAGEMENT; TECHNICAL ASSISTANCE.—The Administrator shall—
‘‘(A) in consultation with the Secretary of State, engage
bilaterally and multilaterally, including with the International Civil Aviation Organization, on an ongoing basis
to bolster international collaboration, data sharing, and
harmonization of international aviation safety requirements including through—
‘‘(i) sharing of continued operational safety
information;
‘‘(ii) prioritization of pilot training deficiencies,
including manual flying skills and flight crew training,
to discourage over reliance on automation, further bolstering the components of airmanship;
‘‘(iii) encouraging the consideration of the safety
advantages of appropriate Federal regulations, which
may include relevant Federal regulations pertaining
to flight crew training requirements; and
‘‘(iv) prioritizing any other flight crew training
areas that the Administrator believes will enhance all
international aviation safety; and
‘‘(B) seek to expand technical assistance provided by
the Federal Aviation Administration in support of
enhancing international aviation safety, including by—
‘‘(i) promoting and enhancing effective oversight
systems, including operational safety enhancements
identified through data collection and analysis;
‘‘(ii) promoting and encouraging compliance with
international safety standards by counterpart civil
aviation authorities;
‘‘(iii) minimizing cybersecurity threats and
vulnerabilities across the aviation ecosystem;
‘‘(iv) supporting the sharing of safety information,
best practices, risk assessments, and mitigations
through established international aviation safety
groups; and
‘‘(v) providing technical assistance on any other
aspect of aviation safety that the Administrator determines is likely to enhance international aviation
safety.’’.
(3) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Administrator, $2,000,000 for
each of fiscal years 2021 through 2023, to carry out section
40104(b)(2) of title 49, United States Code (as added by paragraph (2)).
(g) ASSISTANCE TO FOREIGN AVIATION AUTHORITIES.—
(1) IN GENERAL.—Section 40113(e)(1) of title 49, United
States Code, is amended by inserting ‘‘The Administrator may

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134 STAT. 2343

also provide technical assistance related to all aviation safetyrelated training and operational services in connection with
bilateral and multilateral agreements, including further bolstering the components of airmanship.’’ after the first sentence.
(2) AUTHORIZATION OF APPROPRIATIONS.—Section 40113(e)
of title 49, United States Code, is amended by adding at the
end the following:
‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Administrator, $5,000,000 for
each of fiscal years 2021 through 2023, to carry out this subsection. Amounts appropriated under the preceding sentence
for any fiscal year shall remain available until expended.’’.
(h) SENSE OF CONGRESS REGARDING INTERNATIONAL PILOT
TRAINING STANDARDS.—
(1) FINDINGS.—Congress makes the following findings:
(A) Increased reliance on automation in commercial
aviation risks a degradation of pilot skills in flight path
management using manual flight control.
(B) Manual flight skills are essential for pilot confidence and competence.
(C) During the 40th Assembly of ICAO, the United
States, Canada, Peru, and Trinidad and Tobago presented
a working paper titled, ‘‘Pilot Training Improvements to
Address Automation Dependency’’.
(D) The working paper outlines recommendations for
the Assembly to mitigate the consequences of automation
dependency, including identifying competency requirements
for flight path management using manual flight control
and assessing the need for new or amended international
standards or guidance.
(2) SENSE OF CONGRESS.—It is the sense of Congress that,
as soon as practicable—
(A) the recommendations included in the working paper
titled ‘‘Pilot Training Improvements to Address Automation
Dependency’’ offered by the United States at the 40th
Assembly of ICAO should be made a priority by the
Assembly; and
(B) the United States should work with ICAO and
other international aviation safety groups, further bolstering the components of airmanship.

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SEC. 120. NONCONFORMITY WITH APPROVED TYPE DESIGN.

Section 44704(d) of title 49, United States Code, is amended
by adding at the end the following:
‘‘(3) NONCONFORMITY WITH APPROVED TYPE DESIGN.—
‘‘(A) IN GENERAL.—Consistent with the requirements
of paragraph (1), a holder of a production certificate for
an aircraft may not present a nonconforming aircraft, either
directly or through the registered owner of such aircraft
or a person described in paragraph (2), to the Administrator
for issuance of an initial airworthiness certificate.
‘‘(B) CIVIL PENALTY.—Notwithstanding section 46301,
a production certificate holder who knowingly violates
subparagraph (A) shall be liable to the Administrator for
a civil penalty of not more than $1,000,000 for each nonconforming aircraft.

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PUBLIC LAW 116–260—DEC. 27, 2020
‘‘(C) PENALTY CONSIDERATIONS.—In determining the
amount of a civil penalty under subparagraph (B), the
Administrator shall consider—
‘‘(i) the nature, circumstances, extent, and gravity
of the violation, including the length of time the nonconformity was known by the holder of a production
certificate but not disclosed; and
‘‘(ii) with respect to the violator, the degree of
culpability, any history of prior violations, and the
size of the business concern.
‘‘(D) NONCONFORMING AIRCRAFT DEFINED.—In this
paragraph, the term ‘nonconforming aircraft’ means an aircraft that does not conform to the approved type design
for such aircraft type.’’.

Determination.

SEC. 121. IMPLEMENTATION OF RECOMMENDATIONS.
Reports.

List.
Determination.

Implementation
plan.

(a) IN GENERAL.—Not later than 1 year after the date of enactment of this title, the Administrator shall submit a report to the
congressional committees of jurisdiction on the status of the
Administration’s implementation of covered recommendations.
(b) CONTENTS.—The report required under subsection (a) shall
contain, at a minimum—
(1) a list and description of all covered recommendations;
(2) a determination of whether the Administrator concurs,
concurs in part, or does not concur with each covered recommendation;
(3) an implementation plan and schedule for all covered
recommendations the Administrator concurs or concurs in part
with; and
(4) for each covered recommendation with which the
Administrator does not concur (in whole or in part), a detailed
explanation as to why.
(c) COVERED RECOMMENDATIONS DEFINED.—In this section, the
term ‘‘covered recommendations’’ means recommendations made by
the following entities in any review initiated in response to the
accident of Lion Air flight 610 on October 29, 2018, or Ethiopian
Airlines flight 302 on March 10, 2019, that recommend Administration action:
(1) The National Transportation Safety Board.
(2) The Joint Authorities Technical Review.
(3) The inspector general of the Department of Transportation.
(4) The Safety Oversight and Certification Advisory Committee, or any special committee thereof.
(5) Any other entity the Administrator may designate.
SEC. 122. OVERSIGHT OF FAA COMPLIANCE PROGRAM.

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Deadline.
Establishment.

Analysis.

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(a) IN GENERAL.—Not later than 180 days after the date of
enactment of this title, the Administrator shall establish an Executive Council within the Administration to oversee the use and
effectiveness across program offices of the Administration’s Compliance Program, described in Order 8000.373A dated October 31,
2018.
(b) COMPLIANCE PROGRAM OVERSIGHT.—The Executive Council
established under this section shall—
(1) monitor, collect, and analyze data on the use of the
Compliance Program across program offices of the Administration, including data on enforcement actions and compliance

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134 STAT. 2345

actions pursued against regulated entities by such program
offices;
(2) conduct an evaluation of the Compliance Program, not
less frequently than annually each calendar year through 2023,
to assess the functioning and effectiveness of such program
in meeting the stated goals and purpose of the program;
(3) provide reports to the Administrator containing the
results of any evaluation conducted under paragraph (2),
including identifying in such report any nonconformities or
deficiencies in the implementation of the program and compliance of regulated entities with safety standards of the Administration;
(4) make recommendations to the Administrator on regulations, guidance, performance standards or metrics, or other
controls that should be issued by the Administrator to improve
the effectiveness of the Compliance Program in meeting the
stated goals and purpose of the program and to ensure the
highest levels of aviation safety; and
(5) carry out any other oversight duties with respect to
implementation of the Compliance Program and assigned by
the Administrator.
(c) EXECUTIVE COUNCIL.—
(1) EXECUTIVE COUNCIL MEMBERSHIP.—The Executive
Council shall be comprised of representatives from each program office with regulatory responsibility as provided in Order
8000.373A.
(2) CHAIRPERSON.—The Executive Council shall be chaired
by a person, who shall be appointed by the Administrator
and shall report directly to the Administrator.
(3) INDEPENDENCE.—The Secretary of Transportation, the
Administrator, or any officer or employee of the Administration
may not prevent or prohibit the chair of the Executive Council
from performing the activities described in this section or from
reporting to Congress on such activities.
(4) DURATION.—The Executive Council shall terminate on
October 1, 2023.
(d) ANNUAL BRIEFING.—Each calendar year through 2023, the
chair of the Executive Council shall provide a briefing to the
congressional committees of jurisdiction on the effectiveness of the
Administration’s Compliance Program in meeting the stated goals
and purpose of the program and the activities of the office described
in subsection (b), including any reports and recommendations made
by the office during the preceding calendar year.

Evaluation.
Time period.
Assessment.
Reports.

Recommendations.

Appointment.

Time period.

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SEC. 123. SETTLEMENT AGREEMENT.

(a) SENSE OF CONGRESS.—It is the sense of Congress that
the Administrator should fully exercise all rights and pursue all
remedies available to the Administrator under any settlement
agreement between the Administration and the holder of a type
certificate and production certificate for transport airplanes
executed on December 18, 2015, including a demand for full payment of any applicable civil penalties deferred under such agreement, if the Administrator concludes that such holder has not
fully performed all obligations incurred under such agreement.
(b) CONGRESSIONAL BRIEFING.—Not later than 60 days after
the date of enactment of this title, and every 6 months thereafter

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until a certificate holder described in subsection (a) has fully performed all obligations incurred by such certificate holder under
such settlement agreement, the Administrator shall brief the
congressional committees of jurisdiction on action taken consistent
with subsection (a).
49 USC 44516
note.

Determination.

Requirement.

SEC. 124. HUMAN FACTORS EDUCATION PROGRAM.

(a) HUMAN FACTORS EDUCATION PROGRAM.—
(1) IN GENERAL.—The Administrator shall develop a human
factors education program that addresses the effects of modern
flight deck systems, including automated systems, on human
performance for transport airplanes and the approaches for
better integration of human factors in aircraft design and certification.
(2) TARGET AUDIENCE.—The human factors education program shall be integrated into the training protocols (as in
existence as of the date of enactment of this title) for, and
be routinely administered to, the following:
(A) Appropriate employees within the Flight Standards
Service.
(B) Appropriate employees within the Aircraft Certification Service.
(C) Other employees or authorized representatives
determined to be necessary by the Administrator.
(b) TRANSPORT AIRPLANE MANUFACTURER INFORMATION
SHARING.—The Administrator shall—
(1) require each transport airplane manufacturer to provide
the Administrator with the information or findings necessary
for flight crew to be trained on flight deck systems;
(2) ensure the information or findings under paragraph
(1) adequately includes consideration of human factors; and
(3) ensure that each transport airplane manufacturer
identifies any technical basis, justification or rationale for the
information and findings under paragraph (1).
SEC.

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49 USC 44736
note.

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125.

BEST PRACTICES FOR
AUTHORIZATIONS.

ORGANIZATION

DESIGNATION

(a) IN GENERAL.—Section 213 of the FAA Reauthorization Act
of 2018 (Public Law 115–254, 132 Stat. 3249) is amended—
(1) by striking subsection (g);
(2) by redesignating subsections (c) through (f) as subsections (d) through (g), respectively;
(3) by inserting after subsection (b), the following:
‘‘(c) BEST PRACTICES REVIEW.—In addition to conducting the
survey required under subsection (b), the Panel shall conduct a
review of a sampling of ODA holders to identify and develop best
practices. At a minimum, the best practices shall address preventing
and deterring instances of undue pressure on or by an ODA unit
member, within an ODA, or by an ODA holder, or failures to
maintain independence between the FAA and an ODA holder or
an ODA unit member. In carrying out such review, the Panel
shall—
‘‘(1) examine other government regulated industries to
gather lessons learned, procedures, or processes that address
undue pressure of employees, perceived regulatory coziness,
or other failures to maintain independence;
‘‘(2) identify ways to improve communications between an
ODA Administrator, ODA unit members, and FAA engineers

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and inspectors, consistent with section 44736(g) of title 49,
United States Code, in order to enable direct communication
of technical concerns that arise during a certification project
without fear of reprisal to the ODA Administrator or ODA
unit member; and
‘‘(3) examine FAA designee programs, including the assignment of FAA advisors to designees, to determine which components of the program may improve the FAA’s oversight of
ODA units, ODA unit members, and the ODA program.’’;
(4) in subsection (d) (as redesignated by paragraph (2))—
(A) by striking paragraph (3) and redesignating paragraphs (4) through (6) as paragraphs (3) through (5),
respectively;
(B) in paragraph (4) (as redesignated by subparagraph
(A)), by striking ‘‘and’’ at the end;
(C) in paragraph (5) (as so redesignated), by striking
the period at the end and inserting ‘‘; and’’; and
(D) by adding at the end the following:
‘‘(6) the results of the review conducted under subsection
(c).’’; and
(5) by inserting after subsection (g) (as redesignated by
paragraph (2)), the following:
‘‘(h) BEST PRACTICES ADOPTION.—
‘‘(1) IN GENERAL.—Not later than 180 days after the date
on which the Administrator receives the report required under
subsection (e), the Administrator shall establish best practices
that are generally applicable to all ODA holders and require
such practices to be incorporated, as appropriate, into each
ODA holder’s approved procedures manual.
‘‘(2) NOTICE AND COMMENT PERIOD.—The Administrator
shall publish the established best practices for public notice
and comment for not fewer than 60 days prior to requiring
the practices, as appropriate, be incorporated into each ODA
holder’s approved procedures manual.
‘‘(i) SUNSET.—The Panel shall terminate on the earlier of—
‘‘(1) the date of submission of the report under subsection
(e); or
‘‘(2) the date that is 2 years after the date on which the
Panel is first convened under subsection (a).’’.
(b) PROCEDURES MANUAL.—Section 44736(b)(3) of title 49,
United States Code, as amended by subsection (c)(2)(D) of section
107), is further amended—
(1) in subparagraph (D) (as redesignated by such subsection), by striking ‘‘and’’ after the semicolon at the end;
(2) in subparagraph (E) (as so redesignated), by striking
the period at the end and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(F) ensure the ODA holders procedures manual contains procedures and policies based on best practices established by the Administrator.’’.

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SEC. 126. HUMAN FACTORS RESEARCH.

(a) HUMAN FACTORS.—Not later than 180 days after the date
of enactment of this title, the Administrator, in consultation with
aircraft manufacturers, operators, and pilots, and in coordination
with the head of such other Federal agency that the Administrator
determines appropriate, shall develop research requirements to

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Deadline.
Requirement.

Publication.

49 USC 44704
note.
Deadline.
Consultation.
Coordination.
Requirements.

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134 STAT. 2348

PUBLIC LAW 116–260—DEC. 27, 2020

address the integration of human factors in the design and certification of aircraft that are intended for use in air transportation.
(b) REQUIREMENTS.—In developing such research requirements,
the Administrator shall—
(1) establish goals for research in areas of study relevant
to advancing technology, improving design engineering and certification practices, and facilitating better understanding of
human factors concepts in the context of the growing development and reliance on automated or complex flight deck systems
in aircraft operations, including the development of tools to
validate pilot recognition and response assumptions and diagnostic tools to improve the clarity of failure indications presented to pilots;
(2) take into consideration and leverage any existing or
planned research that is conducted by, or conducted in partnership with, the FAA; and
(3) focus on—
(A) preventing a recurrence of the types of accidents
that have involved transport category airplanes designed
and manufactured in the United States; and
(B) increasingly complex aircraft systems and designs.
(c) IMPLEMENTATION.—In implementing the research requirements developed under this section, the Administrator shall work
with appropriate organizations and authorities with expertise
including, to the maximum extent practicable, the Center of Excellence for Technical Training and Human Performance and the
Center of Excellence developed or expanded pursuant to section
127.
(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Administrator $7,500,000 for each of
fiscal years 2021 through 2023, out of funds made available under
section 48102(a) of title 49, United States Code, to carry out this
section.

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49 USC 44513
note.

SEC. 127. FAA CENTER OF EXCELLENCE FOR AUTOMATED SYSTEMS
AND HUMAN FACTORS IN AIRCRAFT.

(a) IN GENERAL.—The Administrator shall develop or expand
a Center of Excellence focused on automated systems and human
factors in transport category aircraft.
(b) DUTIES.—The Center of Excellence shall, as appropriate—
(1) facilitate collaboration among academia, the FAA, and
the aircraft and airline industries, including aircraft, engine,
and equipment manufacturers, air carriers, and representatives
of the pilot community;
(2) establish goals for research in areas of study relevant
to advancing technology, improving engineering practices, and
facilitating better understanding of human factors concepts in
the context of the growing development and reliance on automated or complex systems in commercial aircraft, including
continuing education and training;
(3) examine issues related to human system integration
and flight crew and aircraft interfaces, including tools and
methods to support the integration of human factors considerations into the aircraft design and certification process; and
(4) review safety reports to identify potential human factors
issues for research.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2349

(c) AVOIDING DUPLICATION OF WORK.—In developing or
expanding the Center of Excellence, the Administrator shall ensure
the work of the Center of Excellence does not duplicate or overlap
with the work of any other established center of excellence.
(d) MEMBER PRIORITIZATION.—
(1) IN GENERAL.—The Administrator, when developing or
expanding the Center of Excellence, shall prioritize the inclusion of subject-matter experts whose professional experience
enables them to be objective and impartial in their contributions
to the greatest extent possible.
(2) REPRESENTATION.—The Administrator shall require
that the membership of the Center of Excellence reflect a
balanced viewpoint across broad disciplines in the aviation
industry.
(3) DISCLOSURE.—Any member of the Center of Excellence
who is a Boeing Company or FAA employee who participated
in the certification of the Maneuvering Characteristics Augmentation System for the 737 MAX-8 airplane must disclose
such involvement to the FAA prior to performing any work
on behalf of the FAA.
(4) TRANSPARENCY.—In developing or expanding the Center
of Excellence, the Administrator shall develop procedures to
facilitate transparency and appropriate maintenance of records
to the maximum extent practicable.
(5) COORDINATION.—Nothing in this section shall preclude
coordination and collaboration between the Center of Excellence
developed or expanded under this section and any other established center of excellence.
(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Administrator $2,000,000 for each of
fiscal years 2021 through 2023, out of funds made available under
section 48102(a) of title 49, United States Code, to carry out this
section. Amounts appropriated under the preceding sentence for
any fiscal year shall remain available until expended.
SEC. 128. PILOT OPERATIONAL EVALUATIONS.

(a) PILOT OPERATIONAL EVALUATIONS.—Not later than 1 year
after the date of enactment of this title, the Administrator shall
revise existing policies for manufacturers of transport airplanes
to ensure that pilot operational evaluations for airplane types that
are submitted for certification utilize pilots from air carriers that
are expected to operate such airplanes.
(b) REQUIREMENT.—Such manufacturer shall ensure, to the
satisfaction of the Administrator, that the air carrier and foreign
air carrier pilots used for such evaluations include pilots of varying
levels of experience.

49 USC 44704
note.
Deadline.

SEC. 129. ENSURING APPROPRIATE RESPONSIBILITY OF AIRCRAFT
CERTIFICATION AND FLIGHT STANDARDS PERFORMANCE OBJECTIVES AND METRICS.

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(a) REPEALS.—Sections 211 and 221 of the FAA Reauthorization
Act of 2018 (49 U.S.C. 44701 note) are repealed.
(b) CONFORMING REPEALS.—Paragraphs (8) and (9) of section
202(c) of the FAA Reauthorization Act of 2018 (49 U.S.C. 44701
note) are repealed.
SEC. 130. TRANSPORT AIRPLANE RISK ASSESSMENT METHODOLOGY.

(a) DEADLINES.—

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134 STAT. 2350

Assessments.

Recommendations.

Determination.

49 USC 40101
note.

(1) AGREEMENT.—Not later than 15 days after the date
of enactment of this title, the Administrator shall enter into
an agreement with the National Academies of Sciences to
develop a report regarding the methodology and effectiveness
of the Transport Airplane Risk Assessment Methodology
(TARAM) process used by the FAA.
(2) REPORT.—Not later than 180 days after the date of
enactment of this title, the National Academies of Sciences
shall deliver such report to the congressional committees of
jurisdiction.
(b) ELEMENTS.—The report under subsection (a) shall include
the following elements:
(1) An assessment of the TARAM analysis process.
(2) An assessment of the effectiveness of the TARAM for
the purposes of improving aviation safety.
(3) Recommendations to improve the methodology and
effectiveness of the TARAM as an element of aviation safety.
(c) REQUIRED NOTICE.—The Administrator shall provide notice
to the congressional committees of jurisdiction on the findings and
recommendations of a TARAM conducted following a transport airplane accident—
(1) in which a loss of life occurred; and
(2) for which the Administrator determines that the
issuance of an airworthiness directive will likely be necessary
to correct an unsafe condition associated with the design of
the relevant aircraft type.
SEC. 131. NATIONAL AIR GRANT FELLOWSHIP PROGRAM.

Regulations.

Appointments.

Appointments.

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Contracts.

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(a) PROGRAM.—
(1) PROGRAM MAINTENANCE.—The Administrator shall
maintain within the FAA a program to be known as the
‘‘National Air Grant Fellowship Program’’.
(2) PROGRAM ELEMENTS.—The National Air Grant Fellowship Program shall provide support for the fellowship program
under subsection (b).
(3) RESPONSIBILITIES OF ADMINISTRATOR.—
(A) GUIDELINES.—The Administrator shall establish
guidelines related to the activities and responsibilities of
air grant fellowships under subsection (b).
(B) QUALIFICATIONS.—The Administrator shall by regulation prescribe the qualifications required for designation
of air grant fellowships under subsection (b).
(C) AUTHORITY.—In order to carry out the provisions
of this section, the Administrator may—
(i) appoint, assign the duties, transfer, and fix
the compensation of such personnel as may be necessary, in accordance with civil service laws;
(ii) make appointments with respect to temporary
and intermittent services to the extent authorized by
section 3109 of title 5, United States Code;
(iii) enter into contracts, cooperative agreements,
and other transactions without regard to section 6101
of title 41, United States Code;
(iv) notwithstanding section 1342 of title 31,
United States Code, accept donations and voluntary
and uncompensated services;

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2351

(v) accept funds from other Federal departments
and agencies, including agencies within the FAA, to
pay for and add to activities authorized by this section;
and
(vi) promulgate such rules and regulations as may
be necessary and appropriate.
(4) DIRECTOR OF NATIONAL AIR GRANT FELLOWSHIP PROGRAM.—
(A) IN GENERAL.—The Administrator shall appoint, as
the Director of the National Air Grant Fellowship Program,
a qualified individual who has appropriate administrative
experience and knowledge or expertise in fields related
to aerospace. The Director shall be appointed and compensated, without regard to the provisions of title 5 governing appointments in the competitive service, at a rate
payable under section 5376 of title 5, United States Code.
(B) DUTIES.—Subject to the supervision of the Administrator, the Director shall administer the National Air Grant
Fellowship Program. In addition to any other duty prescribed by law or assigned by the Administrator, the
Director shall—
(i) cooperate with institutions of higher education
that offer degrees in fields related to aerospace;
(ii) encourage the participation of graduate and
post-graduate students in the National Air Grant
Fellowship Program; and
(iii) cooperate and coordinate with other Federal
activities in fields related to aerospace.
(b) FELLOWSHIPS.—
(1) IN GENERAL.—The Administrator shall support a program of fellowships for qualified individuals at the graduate
and post-graduate level. The fellowships shall be in fields
related to aerospace and awarded pursuant to guidelines established by the Administrator. The Administrator shall strive
to ensure equal access for minority and economically disadvantaged students to the program carried out under this paragraph.
(2) AEROSPACE POLICY FELLOWSHIP.—
(A) IN GENERAL.—The Administrator shall award aerospace policy fellowships to support the placement of individuals at the graduate level of education in fields related
to aerospace in positions with—
(i) the executive branch of the United States
Government; and
(ii) the legislative branch of the United States
Government.
(B) PLACEMENT PRIORITIES FOR LEGISLATIVE FELLOWSHIPS.—
(i) IN GENERAL.—In considering the placement of
individuals receiving a fellowship for a legislative
branch position under subparagraph (A)(ii), the
Administrator shall give priority to placement of such
individuals in the following:
(I) Positions in offices of, or with Members
on, committees of Congress that have jurisdiction
over the FAA.

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Regulations.

Appointments.

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134 STAT. 2352

Reimbursement.

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Data.

49 USC 40101
note.
Deadline.
Contracts.

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PUBLIC LAW 116–260—DEC. 27, 2020

(II) Positions in offices of Members of Congress
that have a demonstrated interest in aerospace
policy.
(ii) EQUITABLE DISTRIBUTION.—In placing fellows
in positions described under clause (i), the Administrator shall ensure that placements are equally distributed among the political parties.
(C) DURATION.—A fellowship awarded under this paragraph shall be for a period of not more than 1 year.
(3) RESTRICTION ON USE OF FUNDS.—Amounts available
for fellowships under this subsection, including amounts
accepted under subsection (a)(3)(C)(v) or appropriated under
subsection (d) to carry out this subsection, shall be used only
for award of such fellowships and administrative costs of implementing this subsection.
(c) INTERAGENCY COOPERATION.—Each department, agency, or
other instrumentality of the Federal Government that is engaged
in or concerned with, or that has authority over, matters relating
to aerospace—
(1) may, upon a written request from the Administrator,
make available, on a reimbursable basis or otherwise, any
personnel (with their consent and without prejudice to their
position and rating), service, or facility that the Administrator
deems necessary to carry out any provision of this section;
(2) shall, upon a written request from the Administrator,
furnish any available data or other information that the
Administrator deems necessary to carry out any provision of
this section; and
(3) shall cooperate with the FAA and duly authorized officials thereof.
(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Administrator $15,000,000 for each of
fiscal years 2021 through 2025 to carry out this section. Amounts
appropriated under the preceding sentence shall remain available
until expended.
(e) DEFINITIONS.—In this section:
(1) DIRECTOR.—The term ‘‘Director’’ means the Director
of the National Air Grant Fellowship Program, appointed
pursuant to subsection (a)(4).
(2) FIELDS RELATED TO AEROSPACE.—The term ‘‘fields
related to aerospace’’ means any discipline or field that is
concerned with, or likely to improve, the development, assessment, operation, safety, or repair of aircraft and other airborne
objects and systems, including the following:
(A) Aerospace engineering.
(B) Aerospace physiology.
(C) Aeronautical engineering.
(D) Airworthiness engineering.
(E) Electrical engineering.
(F) Human factors.
(G) Software engineering.
(H) Systems engineering.
SEC. 132. EMERGING SAFETY TRENDS IN AVIATION.

(a) GENERAL.—Not later than 180 days after the date of enactment of this title, the Administrator shall enter into an agreement

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2353

with the Transportation Research Board for the purposes of developing an annual report identifying, categorizing, and analyzing
emerging safety trends in air transportation.
(b) FACTORS.—The emerging safety trends report should be
based on the following data:
(1) The National Transportation Safety Board’s investigation of accidents under section 1132 of title 49, United States
Code.
(2) The Administrator’s investigations of accidents and
incidents under section 40113 of title 49, United States Code.
(3) Information provided by air operators pursuant to safety
management systems.
(4) International investigations of accidents and incidents,
including reports, data, and information from foreign authorities and ICAO.
(5) Other sources deemed appropriate for establishing
emerging safety trends in the aviation sector, including the
FAA’s annual safety culture assessment required under subsection (c).
(c) SAFETY CULTURE ASSESSMENT.—The Administrator shall
conduct an annual safety culture assessment through fiscal year
2031, which shall include surveying all employees in the FAA’s
Aviation Safety organization (AVS) to determine the employees’
collective opinion regarding, and to assess the health of, AVS’
safety culture and implementation of any voluntary safety reporting
program.
(d) EXISTING REPORTING SYSTEMS.—The Executive Director of
the Transportation Research Board, in consultation with the Secretary of Transportation and Administrator, may take into account
and, as necessary, harmonize data and sources from existing
reporting systems within the Department of Transportation and
FAA.
(e) BIENNIAL REPORT TO CONGRESS.—One year after the
Administrator enters into the agreement with the Transportation
Research Board as set forth in subsection (a), and biennially thereafter through fiscal year 2031, the Executive Director, in consultation with the Secretary and Administrator, shall submit to the
congressional committees of jurisdiction a report identifying the
emerging safety trends in air transportation.

Time period.
Determination.

Consultation.

Time periods.
Consultation.

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SEC. 133. FAA ACCOUNTABILITY ENHANCEMENT.

(a) ENHANCEMENT OF THE AVIATION SAFETY WHISTLEBLOWER
INVESTIGATION OFFICE IN THE FEDERAL AVIATION ADMINISTRATION.—
(1) RENAMING OF THE OFFICE.—
(A) IN GENERAL.—Section 106(t)(1) of title 49, United
States Code, is amended by striking ‘‘an Aviation Safety
Whistleblower Investigation Office’’ and inserting ‘‘the
Office of Whistleblower Protection and Aviation Safety
Investigations’’.
(B) CONFORMING AMENDMENT.—The heading of subsection (t) of section 106 of title 49, United States Code,
is amended by striking ‘‘AVIATION SAFETY WHISTLEBLOWER
INVESTIGATION OFFICE’’ and inserting ‘‘OFFICE OF WHISTLEBLOWER PROTECTION AND AVIATION SAFETY INVESTIGATIONS’’.
(2) DUTIES.—

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134 STAT. 2354

(A) IN GENERAL.—Section 106(t)(3)(A) of title 49,
United States Code, is amended—
(i) in clause (i), by striking ‘‘(if the certificate holder
does not have a similar in-house whistleblower or
safety and regulatory noncompliance reporting
process)’’ and inserting ‘‘(if the certificate holder does
not have a similar in-house whistleblower or safety
and regulatory noncompliance reporting process established under or pursuant to a safety management
system)’’;
(ii) in clause (ii), by striking ‘‘and’’ at the end;
(iii) in clause (iii), by striking the period at the
end and inserting a semicolon; and
(iv) by adding at the end the following:
‘‘(iv) receive allegations of whistleblower retaliation
by employees of the Agency;
‘‘(v) coordinate with and provide all necessary
assistance to the Office of Investigations and Professional Responsibility, the inspector general of the
Department of Transportation, and the Office of Special
Counsel on investigations relating to whistleblower
retaliation by employees of the Agency; and
‘‘(vi) investigate allegations of whistleblower
retaliation by employees of the Agency that have been
delegated to the Office by the Office of Investigations
and Professional Responsibility, the inspector general
of the Department of Transportation, or the Office
of Special Counsel.’’.
(B) LIMITATION.—Section 106(t)(2) of title 49, United
States Code, is amended by adding at the end the following:
‘‘(E) LIMITATION OF DUTIES.— The Director may only
perform duties of the Director described in paragraph
(3)(A).’’.
(C) CONFORMING AMENDMENTS.—Section 106(t)(7) of
title 49, United States Code, is amended—
(i) in the matter preceding subparagraph (A), by
striking ‘‘October 1’’ and inserting ‘‘November 15’’; and
(ii) in subparagraph (A), by striking ‘‘paragraph
(3)(A)(i) in the preceding 12-month period’’ and
inserting ‘‘paragraph (3)(A)(i) in the preceding fiscal
year’’.
(3) REPORT.—Section 106(t)(7) of title 49, United States
Code, as amended by paragraph (2)(C), is further amended—
(A) in subparagraph (C)—
(i) by inserting ‘‘the resolution of those submissions, including any’’ before ‘‘further’’; and
(ii) by striking ‘‘and’’ after the semicolon;
(B) in subparagraph (D) by striking ‘‘recommendations.’’ and inserting ‘‘recommendations; and’’; and
(C) by adding at the end the following:
‘‘(E) A summary of the activities of the Whistleblower
Ombudsman, including—
‘‘(i) the number of employee consultations conducted by the Whistleblower Ombudsman in the preceding 12-month period and a summary of such consultations and their resolution (in a de-identified or
anonymized form); and

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Summaries.
Time period.

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134 STAT. 2355

‘‘(ii) the number of reported incidents of retaliation
during such period and, if applicable, a description
of the disposition of such incidents during such
period.’’.
(b) WHISTLEBLOWER OMBUDSMAN.—Section 106(t) of title 49,
United States Code, is further amended by adding at the end
the following:
‘‘(8) WHISTLEBLOWER OMBUDSMAN.—
‘‘(A) IN GENERAL.—Within the Office, there shall be
established the position of Whistleblower Ombudsman.
‘‘(B) OMBUDSMAN QUALIFICATIONS.—The individual
selected as Ombudsman shall have knowledge of Federal
labor law and demonstrated government experience in
human resource management, and conflict resolution.
‘‘(C) DUTIES.—The Ombudsman shall carry out the following duties:
‘‘(i) Educate Administration employees about
prohibitions against materially adverse acts of retaliation and any specific rights or remedies with respect
to those retaliatory actions.
‘‘(ii) Serve as an independent confidential resource
for Administration employees to discuss any specific
retaliation allegation and available rights or remedies
based on the circumstances, as appropriate.
‘‘(iii) Coordinate with Human Resource Management, the Office of Accountability and Whistleblower
Protection, the Office of Professional Responsibility,
and the Office of the Chief Counsel, as necessary.
‘‘(iv) Coordinate with the Office of the Inspector
General of the Department of Transportation’s Whistleblower Protection Coordinator and the Office of the
Special Counsel, as necessary.
‘‘(v) Conduct outreach and assist in the development of training within the Agency to mitigate the
potential for retaliation and promote timely and appropriate processing of any protected disclosure or allegation of materially adverse acts of retaliation.’’.
(c) OFFICE OF INVESTIGATIONS AND PROFESSIONAL RESPONSIBILITY.—The Administrator shall take such action as may be necessary to redesignate the Office of Investigations of the Administration as the Office of Investigations and Professional Responsibility.
(d) MISCONDUCT INVESTIGATIONS.—
(1) IN GENERAL.—The Administrator shall review and
revise the Administration’s existing investigative policies that
govern the investigation of misconduct by a manager of the
Administration conducted by the FAA (in this subsection
referred to as the ‘‘Agency’’).
(2) PRESERVATION OF COLLECTIVE BARGAINING AGREEMENTS.—The investigative policy established under paragraph
(1) shall not apply to, or in the future, be extended by the
Administrator to apply to, any employee who is not a manager
or is covered by or eligible to be covered by a collective bargaining agreement entered into by the Agency.
(3) REQUIREMENTS.—In revising the investigative policies,
the Administrator shall ensure such policies require—

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Coordination.

49 USC 40122
note.

Review.

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134 STAT. 2356

PUBLIC LAW 116–260—DEC. 27, 2020
(A) the utilization of investigative best practices to
ensure independent and objective investigation and
accurate recording and reporting of such investigation;
(B) the management of case files to ensure the integrity
of the information contained in such case files;
(C) interviews be conducted in a manner that ensures,
to the greatest extent possible, truthful answers and
accurate records of such interviews;
(D) coordination with the Office of the Inspector General of the Department of Transportation, the Office of
the Special Counsel, and the Attorney General, as appropriate; and
(E) the completion of investigations in a timely manner.
(4) DEFINITION.—For purposes of this subsection, the term
‘‘manager’’ means an employee of the Agency who is a supervisor or management official, as defined in section 7103(a)
of title 5, United States Code.

Coordination.

SEC. 134. AUTHORIZATION OF APPROPRIATIONS FOR THE ADVANCED
MATERIALS CENTER OF EXCELLENCE.

Section 44518 of title 49, United States Code, is amended
by adding at the end the following:
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—Out of amounts
appropriated under section 48102(a), the Administrator may expend
not more than $10,000,000 for each of fiscal years 2021 through
2023 to carry out this section. Amounts appropriated under the
preceding sentence for each fiscal year shall remain available until
expended.’’.
49 USC 44515
note.

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Deadline.

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SEC. 135. PROMOTING AVIATION REGULATIONS FOR TECHNICAL
TRAINING.

(a) NEW REGULATIONS REQUIRED.—
(1) INTERIM FINAL REGULATIONS.—Not later than 90 days
after the date of enactment of this section, the Administrator
shall issue interim final regulations to establish requirements
for issuing aviation maintenance technician school certificates
and associated ratings and the general operating rules for
the holders of those certificates and ratings in accordance with
the requirements of this section.
(2) REPEAL OF CURRENT REGULATIONS.—Upon the effective
date of the interim final regulations required under paragraph
(1), part 147 of title 14, Code of Federal Regulations (as in
effect on the date of enactment of this title) and any regulations
issued under section 624 of the FAA Reauthorization Act of
2018 (Public Law 115–254) shall have no force or effect on
or after the effective date of such interim final regulations.
(b) AVIATION MAINTENANCE TECHNICIAN SCHOOL CERTIFICATION
REQUIRED.—No person may operate an aviation maintenance
technician school without, or in violation of, an aviation maintenance technician school certificate and the operations specifications
issued under the interim final regulations required under subsection
(a)(1), the requirements of this section, or in a manner that is
inconsistent with information in the school’s operations specifications under subsection (c)(5).
(c) CERTIFICATE AND OPERATIONS SPECIFICATIONS REQUIREMENTS.—
(1) APPLICATION REQUIREMENTS.—

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2357

(A) IN GENERAL.—An application for a certificate or
rating to operate an aviation maintenance technician school
shall include the following:
(i) A description of the facilities, including the
physical address of the certificate holder’s primary location for operation of the school, any additional fixed
locations where training will be provided, and the
equipment and materials to be used at each location.
(ii) A description of the manner in which the
school’s curriculum will ensure the student has the
knowledge and skills necessary for attaining a
mechanic certificate and associated ratings under subpart D of part 65 of title 14, Code of Federal Regulations (or any successor regulation).
(iii) A description of the manner in which the
school will ensure it provides the necessary qualified
instructors to meet the requirements of subsection
(d)(4).
(B) DOCUMENTED IN THE SCHOOL’S OPERATIONS SPECIFICATIONS.—Upon issuance of the school’s certificate or
rating, the information required under subparagraph (A)
shall be documented in the school’s operations specifications.
(2) CHANGE APPLICATIONS.—
(A) IN GENERAL.—An application for an additional
rating or amended certificate shall include only the
information necessary to substantiate the reason for the
requested additional rating or change.
(B) APPROVED CHANGES.—Any approved changes shall
be documented in the school’s operations specifications.
(3) DURATION.—An aviation maintenance technician school
certificate or rating issued under the interim final regulations
required under subsection (a)(1) shall be effective from the
date of issue until the certificate or rating is surrendered,
suspended, or revoked.
(4) CERTIFICATE RATINGS.—An aviation maintenance
technician school certificate issued under the interim final regulations required under subsection (a)(1) shall specify which
of the following ratings are held by the aviation maintenance
technician school:
(A) Airframe.
(B) Powerplant.
(C) Airframe and Powerplant.
(5) OPERATIONS SPECIFICATIONS.—A certificated aviation
maintenance technician school shall operate in accordance with
operations specifications that include the following:
(A) The certificate holder’s name.
(B) The certificate holder’s air agency certificate
number.
(C) The name and contact information of the certificate
holder’s primary point of contact.
(D) The physical address of the certificate holder’s
primary location, as provided under paragraph (1)(A).
(E) The physical address of any additional location
of the certificate holder, as provided under subsection (d)(2).
(F) The ratings held, as provided under paragraph
(4).

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134 STAT. 2358

(G) Any regulatory exemption granted to the school
by the Administrator.
(d) OPERATIONS REQUIREMENTS.—
(1) FACILITIES, EQUIPMENT, AND MATERIAL REQUIREMENTS.—Each certificated aviation maintenance technician
school shall provide and maintain the facilities, equipment,
and materials that are appropriate to the 1 or more ratings
held by the school and the number of students taught.
(2) TRAINING PROVIDED AT ANOTHER LOCATION.—A certificated aviation maintenance technician school may provide
training at any additional location that meets the requirements
of the interim final regulations required under subsection (a)(1)
and is listed in the certificate holder’s operations specifications.
(3) TRAINING REQUIREMENTS.—Each certificated aviation
maintenance technician school shall—
(A) establish, maintain, and utilize a curriculum
designed to continually align with mechanic airman certification standards as appropriate for the ratings held;
(B) provide training of a quality that meets the requirements of subsection (f)(1); and
(C) ensure students have the knowledge and skills
necessary to be eligible to test for a mechanic certificate
and associated ratings under subpart D of part 65 of title
14, Code of Federal Regulations (or any successor regulation).
(4) INSTRUCTOR REQUIREMENTS.—Each certificated aviation
maintenance technician school shall—
(A) provide qualified instructors to teach in a manner
that ensures positive educational outcomes are achieved;
(B) ensure instructors hold a mechanic certificate with
1 or more appropriate ratings (or, with respect to instructors who are not certified mechanics, ensure instructors
are otherwise specifically qualified to teach their assigned
content); and
(C) ensure the student-to-instructor ratio does not
exceed 25:1 for any shop class.
(5) CERTIFICATE OF COMPLETION.—Each certificated aviation maintenance technician school shall provide authenticated
documentation to each graduating student, indicating the student’s date of graduation and curriculum completed, as
described in paragraph (3)(A).
(e) QUALITY CONTROL SYSTEM.—
(1) ACCREDITATION.—Each aviation maintenance technician
school shall—
(A) be accredited as meeting the definition of an institution of higher education provided for in section 101 of
the Higher Education Act of 1965 (20 U.S.C. 1001); or
(B) establish and maintain a quality control system
that meets the requirements specified in paragraph (2)
and is approved by the Administrator.
(2) FAA-APPROVED SYSTEM REQUIREMENTS.—In the case of
an aviation maintenance technician school that is not accredited
as set forth in paragraph (1), the Administrator shall approve
a quality control system that provides procedures for recordkeeping, assessment, issuing credit, issuing of final course
grades, attendance, ensuring sufficient number of instructors,

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Procedures.

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granting of graduation documentation, and corrective action
for addressing deficiencies.
(f) ADDITIONAL REQUIREMENTS.—
(1) MINIMUM PASSAGE RATE.—A certificated aviation
maintenance technician school shall maintain a pass rate of
at least 70 percent of students who took a written, oral, or
practical (or any combination thereof) FAA mechanic tests
within 60 days of graduation for the most recent 3-year period
.
(2) FAA INSPECTION.—A certificated aviation maintenance
technician school shall allow the Administrator such access
as the Administrator determines necessary to inspect the 1
or more locations of the school for purposes of determining
the school’s compliance with the interim final regulations
required under subsection (a)(1), the procedures and information outlined in the school’s operations specifications according
to subsection (c)(5), and the aviation maintenance technician
school certificate issued for the school.
(3) DISPLAY OF CERTIFICATE.—A certificated aviation
maintenance technician school shall display its aviation maintenance technician school certificate at a location in the school
that is visible by and normally accessible to the public.
(4) EARLY TESTING.—A certificated aviation maintenance
technician school may issue authenticated documentation demonstrating a student’s satisfactory progress, completion of corresponding portions of the curriculum, and preparedness to
take the aviation mechanic written general knowledge test,
even if the student has not met the experience requirements
of section 65.77 of title 14, Code of Federal Regulations (or
any successor regulation). Any such documentation shall specify
the curriculum the student completed and the completion date.

Deadline.
Time period.

Determination.

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SEC. 136. INDEPENDENT STUDY ON TYPE CERTIFICATION REFORM.

(a) REPORT AND DEADLINES.—Not later than 30 days after
the date of enactment of this title, the Administrator shall enter
into an agreement with an appropriate Federally-funded research
and development center to review, develop, and submit a report
to the Administrator in accordance with the requirements and
elements set forth in this section.
(b) ELEMENTS.—The review and report under subsection (a)
shall set forth analyses, assessments, and recommendations
addressing the following elements for transport category airplanes:
(1) Whether or not aviation safety would improve as the
result of institution of a fixed time beyond which a type certificate may not be amended.
(2) Requiring the Administrator, when issuing an amended
or supplemental type certificate for a design that does not
comply with the latest amendments to the applicable airworthiness standards, to document any exception from the latest
amendment to an applicable regulation, issue an exemption
in accordance with section 44701 of title 14, United States
Code, or make a finding of an equivalent level of safety in
accordance with section 21.21(a)(1) of title 14, Code of Federal
Regulations.
(3) Safety benefits and costs for certification of transport
category airplanes resulting from the implementation of paragraphs (1) and (2).

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Contracts.
Review.

Analyses.
Assessments.
Recommendations.

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134 STAT. 2360

Recommendations.

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49 USC 40101
note.

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(4) Effects on the development and introduction of advancements in new safety enhancing design and technologies, and
continued operation and operational safety support of products
in service in the United States and worldwide, resulting from
the implementation of paragraphs (1) and (2).
(c) INVESTIGATIONS AND REPORTS.—The review and report
under subsection (a) shall take into consideration investigations,
reports, and assessments regarding the Boeing 737 MAX, including
but not limited to investigations, reports, and assessments by the
Joint Authorities Technical Review, the National Transportation
Safety Board, the Department of Transportation Office of the
Inspector General, the Department of Transportation Special Committee, the congressional committees of jurisdiction and other
congressional committees, and foreign authorities. The review and
report under subsection (a) also shall consider the impact of changes
made by this title and the amendments made by this title.
(d) REPORT TO CONGRESS.—Not later than 270 days after the
report developed under subsection (a) is submitted to the Administrator, the Administrator shall submit a report to the congressional
committees of jurisdiction regarding the FAA’s response to the
findings and recommendations of the report, what actions the FAA
will take as a result of such findings and recommendations, and
the FAA rationale for not taking action on any specific recommendation
SEC. 137. DEFINITIONS.

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In this title:
(1) ADMINISTRATION; FAA.—The terms ‘‘Administration’’ and
‘‘FAA’’ mean the Federal Aviation Administration.
(2) ADMINISTRATOR.—The term ‘‘Administrator’’ means the
Administrator of the FAA.
(3) CONGRESSIONAL COMMITTEES OF JURISDICTION.—The
term ‘‘congressional committees of jurisdiction’’ means the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
(4) ICAO.—The term ‘‘ICAO’’ means the International Civil
Aviation Organization.
(5) ORGANIZATION DESIGNATION AUTHORIZATION.—The term
‘‘organization designation authorization’’ has the same meaning
given such term in section 44736(c) of title 49, United States
Code.
(6) TRANSPORT AIRPLANE.—The term ‘‘transport airplane’’
means a transport category airplane designed for operation
by an air carrier or foreign air carrier type-certificated with
a passenger seating capacity of 30 or more or an all-cargo
or combi derivative of such an airplane.
(7) TYPE CERTIFICATE.—The term ‘‘type certificate’’—
(A) means a type certificate issued pursuant to section
44704(a) of title 49, United States Code, or an amendment
to such certificate; and
(B) does not include a supplemental type certificate
issued under section 44704(b) of such section.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2361

DIVISION W—INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2021

Intelligence
Authorization
Act for Fiscal
Year 2021.

SEC. 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This division may be cited as the ‘‘Intelligence Authorization Act for Fiscal Year 2021’’.
(b) TABLE OF CONTENTS.—The table of contents for this division
is as follows:
DIVISION W—INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2021
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Explanatory statement.
TITLE I—INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified Schedule of Authorizations.
Sec. 103. Intelligence Community Management Account.
TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
TITLE III—INTELLIGENCE COMMUNITY MATTERS
Subtitle A—General Intelligence Community Matters
Sec. 301. Restriction on conduct of intelligence activities.
Sec. 302. Increase in employee compensation and benefits authorized by law.
Sec. 303. Continuity of operations plans for certain elements of the intelligence
community in the case of a national emergency.
Sec. 304. Application of Executive Schedule level III to position of Director of National Reconnaissance Office.
Sec. 305. National Intelligence University.
Sec. 306. Data collection on attrition in intelligence community.
Sec. 307. Limitation on delegation of responsibility for program management of information-sharing environment.
Sec. 308. Requirement to buy certain satellite component from American sources.
Sec. 309. Limitation on construction of facilities to be used primarily by intelligence
community.
Sec. 310. Intelligence community student loan repayment programs.

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Subtitle B—Reports and Assessments Pertaining to the Intelligence Community
Sec. 321. Assessment by the Comptroller General of the United States on efforts of
the intelligence community and the Department of Defense to identify
and mitigate risks posed to the intelligence community and the Department by the use of direct-to-consumer genetic testing by the Government of the People’s Republic of China.
Sec. 322. Report on use by intelligence community of hiring flexibilities and expedited human resources practices to assure quality and diversity in the
workforce of the intelligence community.
Sec. 323. Report on signals intelligence priorities and requirements.
Sec. 324. Assessment of demand for student loan repayment program benefit.
Sec. 325. Assessment of intelligence community demand for child care.
Sec. 326. Open source intelligence strategies and plans for the intelligence community.
TITLE IV—MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE
COMMUNITY
Sec. 401. Establishment of Office of the Ombudsman for Analytic Objectivity.
Sec. 402. Expansion of personnel management authority to attract experts in
science and engineering.
Sec. 403. Senior Chief Petty Officer Shannon Kent Award for distinguished female
personnel of the National Security Agency.
Sec. 404. Department of Homeland Security intelligence and cybersecurity diversity
fellowship program.
Sec. 405. Climate Security Advisory Council.

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134 STAT. 2362

PUBLIC LAW 116–260—DEC. 27, 2020

TITLE V—MATTERS RELATING TO EMERGING TECHNOLOGIES
Sec. 501. Requirements and authorities for Director of the Central Intelligence
Agency to improve education in science, technology, engineering, arts,
and mathematics.
Sec. 502. Seedling investment in next-generation microelectronics in support of artificial intelligence.
TITLE VI—REPORTS AND OTHER MATTERS
Sec. 601. Report on attempts by foreign adversaries to build telecommunications
and cybersecurity equipment and services for, or to provide such equipment and services to, certain allies of the United States.
Sec. 602. Report on threats posed by use by foreign governments and entities of
commercially available cyber intrusion and surveillance technology.
Sec. 603. Reports on recommendations of the Cyberspace Solarium Commission.
Sec. 604. Assessment of critical technology trends relating to artificial intelligence,
microchips, and semiconductors and related supply chains.
Sec. 605. Combating Chinese influence operations in the United States and
strengthening civil liberties protections.
Sec. 606. Annual report on corrupt activities of senior officials of the Chinese Communist Party.
Sec. 607. Report on corrupt activities of Russian and other Eastern European
oligarchs.
Sec. 608. Report on biosecurity risk and disinformation by the Chinese Communist
Party and the Government of the People’s Republic of China.
Sec. 609. Report on effect of lifting of United Nations arms embargo on Islamic Republic of Iran.
Sec. 610. Report on Iranian activities relating to nuclear nonproliferation.
Sec. 611. Annual reports on security services of the People’s Republic of China in
the Hong Kong Special Administrative Region.
Sec. 612. Research partnership on activities of People’s Republic of China.
Sec. 613. Report on the pharmaceutical and personal protective equipment regulatory practices of the People’s Republic of China.
Sec. 614. National Intelligence Estimate on situation in Afghanistan.
Sec. 615. Assessment regarding tensions between Armenia and Azerbaijan.
Sec. 616. Sense of Congress on Third Option Foundation.
Sec. 617. Annual reports on worldwide threats.
Sec. 618. Annual report on Climate Security Advisory Council.
Sec. 619. Improvements to funding for National Security Education program.
Sec. 620. Report on best practices to protect privacy, civil liberties, and civil rights
of Chinese Americans.
Sec. 621. National Intelligence Estimate on threat of global pandemic disease.
Sec. 622. Modification of requirement for briefings on national security effects of
emerging infectious disease and pandemics.
Sec. 623. Independent study on open-source intelligence.
Sec. 624. Survey on Open Source Enterprise.
Sec. 625. Sense of Congress on report on murder of Jamal Khashoggi.
50 USC 3003
note.

SEC. 2. DEFINITIONS.

In this division:
(1) CONGRESSIONAL INTELLIGENCE COMMITTEES.—The term
‘‘congressional intelligence committees’’ means—
(A) the Select Committee on Intelligence and the Committee on Appropriations of the Senate; and
(B) the Permanent Select Committee on Intelligence
and the Committee on Appropriations of the House of Representatives.
(2) INTELLIGENCE COMMUNITY.—The term ‘‘intelligence
community’’ has the meaning given such term in section 3
of the National Security Act of 1947 (50 U.S.C. 3003).

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SEC. 3. EXPLANATORY STATEMENT.

The explanatory statement regarding this division, printed in
the House section of the Congressional Record by the Chairman
of the Permanent Select Committee on Intelligence of the House
of Representatives and in the Senate section of the Congressional
Record by the Chairman of the Select Committee on Intelligence

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2363

of the Senate, shall have the same effect with respect to the
implementation of this division as if it were a joint explanatory
statement of a committee of conference.

TITLE I—INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

Funds are hereby authorized to be appropriated for fiscal year
2021 for the conduct of the intelligence and intelligence-related
activities of the following elements of the United States Government:
(1) The Office of the Director of National Intelligence.
(2) The Central Intelligence Agency.
(3) The Department of Defense.
(4) The Defense Intelligence Agency.
(5) The National Security Agency.
(6) The Department of the Army, the Department of the
Navy, and the Department of the Air Force.
(7) The Coast Guard.
(8) The Department of State.
(9) The Department of the Treasury.
(10) The Department of Energy.
(11) The Department of Justice.
(12) The Federal Bureau of Investigation.
(13) The Drug Enforcement Administration.
(14) The National Reconnaissance Office.
(15) The National Geospatial-Intelligence Agency.
(16) The Department of Homeland Security.

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SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

(a) SPECIFICATIONS OF AMOUNTS.—The amounts authorized to
be appropriated under section 101 for the conduct of the intelligence
activities of the elements listed in paragraphs (1) through (16)
of section 101, are those specified in the classified Schedule of
Authorizations prepared to accompany this division.
(b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AUTHORIZATIONS.—
(1) AVAILABILITY.—The classified Schedule of Authorizations referred to in subsection (a) shall be made available
to the Committee on Appropriations of the Senate, the Committee on Appropriations of the House of Representatives, and
to the President.
(2) DISTRIBUTION BY THE PRESIDENT.—Subject to paragraph
(3), the President shall provide for suitable distribution of the
classified Schedule of Authorizations referred to in subsection
(a), or of appropriate portions of such Schedule, within the
executive branch of the Federal Government.
(3) LIMITS ON DISCLOSURE.—The President shall not publicly disclose the classified Schedule of Authorizations or any
portion of such Schedule except—
(A) as provided in section 601(a) of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (50
U.S.C. 3306(a));
(B) to the extent necessary to implement the budget;
or
(C) as otherwise required by law.

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134 STAT. 2364

PUBLIC LAW 116–260—DEC. 27, 2020

SEC. 103. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.

(a) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated for the Intelligence Community Management
Account of the Director of National Intelligence for fiscal year
2021 the sum of $759,000,000.
(b) CLASSIFIED AUTHORIZATION OF APPROPRIATIONS.—In addition to amounts authorized to be appropriated for the Intelligence
Community Management Account by subsection (a), there are
authorized to be appropriated for the Intelligence Community
Management Account for fiscal year 2021 such additional amounts
as are specified in the classified Schedule of Authorizations referred
to in section 102(a).

TITLE
II—CENTRAL
INTELLIGENCE
AGENCY
RETIREMENT
AND
DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated for the Central Intelligence Agency Retirement and Disability Fund $514,000,000 for
fiscal year 2021.

TITLE III—INTELLIGENCE COMMUNITY
MATTERS
Subtitle A—General Intelligence
Community Matters
SEC. 301. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.

The authorization of appropriations by this division shall not
be deemed to constitute authority for the conduct of any intelligence
activity which is not otherwise authorized by the Constitution or
the laws of the United States.
SEC. 302. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS
AUTHORIZED BY LAW.

Appropriations authorized by this division for salary, pay,
retirement, and other benefits for Federal employees may be
increased by such additional or supplemental amounts as may
be necessary for increases in such compensation or benefits authorized by law.

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50 USC 3316b.

SEC. 303. CONTINUITY OF OPERATIONS PLANS FOR CERTAIN ELEMENTS OF THE INTELLIGENCE COMMUNITY IN THE CASE
OF A NATIONAL EMERGENCY.

(a) DEFINITION OF COVERED NATIONAL EMERGENCY.—In this
section, the term ‘‘covered national emergency’’ means the following:
(1) A major disaster declared by the President under section
401 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170).
(2) An emergency declared by the President under section
501 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5191).

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2365

(3) A national emergency declared by the President under
the National Emergencies Act (50 U.S.C. 1601 et seq.).
(4) A public health emergency declared under section 319
of the Public Health Service Act (42 U.S.C. 247d).
(b) IN GENERAL.—The Director of National Intelligence, the
Director of the Central Intelligence Agency, the Director of the
National Reconnaissance Office, the Director of the Defense Intelligence Agency, the Director of the National Security Agency, and
the Director of the National Geospatial-Intelligence Agency shall
each establish continuity of operations plans for use in the case
of covered national emergencies for the element of the intelligence
community concerned.
(c) SUBMISSION TO CONGRESS.—
(1) DIRECTOR OF NATIONAL INTELLIGENCE AND DIRECTOR
OF THE CENTRAL INTELLIGENCE AGENCY.—Not later than 7 days
after the date on which a covered national emergency is
declared, the Director of National Intelligence and the Director
of the Central Intelligence Agency shall each submit to the
congressional intelligence committees the plan established
under subsection (b) for that emergency for the element of
the intelligence community concerned.
(2) DIRECTOR OF NATIONAL RECONNAISSANCE OFFICE,
DIRECTOR OF DEFENSE INTELLIGENCE AGENCY, DIRECTOR OF
NATIONAL SECURITY AGENCY, AND DIRECTOR OF NATIONAL
GEOSPATIAL-INTELLIGENCE AGENCY.—Not later than 7 days after
the date on which a covered national emergency is declared,
the Director of the National Reconnaissance Office, the Director
of the Defense Intelligence Agency, the Director of the National
Security Agency, and the Director of the National GeospatialIntelligence Agency shall each submit the plan established
under subsection (b) for that emergency for the element of
the intelligence community concerned to the following:
(A) The congressional intelligence committees.
(B) The Committee on Armed Services of the Senate.
(C) The Committee on Armed Services of the House
of Representatives.
(d) UPDATES.—During a covered national emergency, the
Director of National Intelligence, the Director of the Central Intelligence Agency, the Director of the National Reconnaissance Office,
the Director of the Defense Intelligence Agency, the Director of
the National Security Agency, and the Director of the National
Geospatial-Intelligence Agency shall each submit any updates to
the plans submitted under subsection (c)—
(1) in accordance with that subsection; and
(2) in a timely manner consistent with section 501 of the
National Security Act of 1947 (50 U.S.C. 3091).

Continuity of
operations plans.

Deadline.

Deadline.

SEC. 304. APPLICATION OF EXECUTIVE SCHEDULE LEVEL III TO POSITION OF DIRECTOR OF NATIONAL RECONNAISSANCE
OFFICE.

Section 5314 of title 5, United States Code, is amended by
adding at the end the following:
‘‘Director of the National Reconnaissance Office.’’.

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SEC. 305. NATIONAL INTELLIGENCE UNIVERSITY.

(a) IN GENERAL.—Title X of the National Security Act of 1947
(50 U.S.C. 3191 et seq.) is amended by adding at the end the
following:

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134 STAT. 2366

PUBLIC LAW 116–260—DEC. 27, 2020

‘‘Subtitle D—National Intelligence
University
Definition.
50 USC 3227.

‘‘SEC. 1031. TRANSFER DATE.

50 USC 3227a.

‘‘SEC. 1032. DEGREE-GRANTING AUTHORITY.

Effective date.
Regulations.

‘‘(a) IN GENERAL.—Beginning on the transfer date, under regulations prescribed by the Director of National Intelligence, the President of the National Intelligence University may, upon the recommendation of the faculty of the University, confer appropriate
degrees upon graduates who meet the degree requirements.
‘‘(b) LIMITATION.—A degree may not be conferred under this
section unless—
‘‘(1) the Secretary of Education has recommended approval
of the degree in accordance with the Federal Policy Governing
Granting of Academic Degrees by Federal Agencies; and
‘‘(2) the University is accredited by the appropriate academic accrediting agency or organization to award the degree,
as determined by the Secretary of Education.
‘‘(c) CONGRESSIONAL NOTIFICATION REQUIREMENTS.—
‘‘(1) ACTIONS ON NONACCREDITATION.—Beginning on the
transfer date, the Director shall promptly—
‘‘(A) notify the congressional intelligence committees
of any action by the Middle States Commission on Higher
Education, or other appropriate academic accrediting
agency or organization, to not accredit the University to
award any new or existing degree; and
‘‘(B) submit to such committees a report containing
an explanation of any such action.
‘‘(2) MODIFICATION OR REDESIGNATION OF DEGREE-GRANTING
AUTHORITY.—Beginning on the transfer date, upon any modification or redesignation of existing degree-granting authority,
the Director shall submit to the congressional intelligence
committees a report containing—
‘‘(A) the rationale for the proposed modification or
redesignation; and
‘‘(B) any subsequent recommendation of the Secretary
of Education with respect to the proposed modification
or redesignation.

Determination.

Effective date.
Notification.

Reports.

Effective date.
Reports.

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Recommendations.

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‘‘In this subtitle, the term ‘transfer date’ means the date on
which the National Intelligence University is transferred from the
Defense Intelligence Agency to the Director of National Intelligence
under section 5324(a) of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116–92).

50 USC 3227b.

‘‘SEC. 1033. REPORTING.

Plan.

‘‘(a) IN GENERAL.—Not less frequently than once each year,
the Director of National Intelligence shall submit to the congressional intelligence committees a plan for employing professors,
instructors, and lecturers at the National Intelligence University.
‘‘(b) ELEMENTS.—Each plan submitted under subsection (a)
shall include the following:
‘‘(1) The total number of proposed personnel to be employed
at the National Intelligence University.
‘‘(2) The total annual compensation to be provided the
personnel described in paragraph (1).

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134 STAT. 2367

‘‘(3) Such other matters as the Director considers appropriate.
‘‘(c) FORM OF SUBMITTAL.—Each plan submitted by the Director
to the congressional intelligence committees under subsection (a)
shall be submitted as part of another annual submission from
the Director to the congressional intelligence committees.
‘‘SEC. 1034. CONTINUED APPLICABILITY OF THE FEDERAL ADVISORY
COMMITTEE ACT TO THE BOARD OF VISITORS.

‘‘The Federal Advisory Committee Act (5 U.S.C. App.) shall
continue to apply to the Board of Visitors of the National Intelligence University on and after the transfer date.’’.
(b) PLAN REGARDING PERSONNEL AT NATIONAL INTELLIGENCE
UNIVERSITY.—
(1) INITIAL SUBMISSION.—Not later than 180 days after
the date of the enactment of this Act, the Director of National
Intelligence shall submit to the congressional intelligence
committees the first submission required by section 1033(a)
of the National Security Act of 1947, as added by subsection
(a).
(2) CERTAIN REQUIREMENT NOT APPLICABLE.—Subsection (c)
of section 1033 of the National Security Act of 1947, as added
by subsection (a), shall not apply to the submittal under paragraph (1) of this subsection.
(c) CONFORMING AMENDMENTS.—Section 5324 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116–
92) is amended—
(1) in subsection (b)(1)(C), by striking ‘‘subsection (e)(2)’’
and inserting ‘‘section 1032(b) of the National Security Act
of 1947’’;
(2) by striking subsections (e) and (f); and
(3) by redesignating subsections (g) and (h) as subsections
(e) and (f), respectively.
(d) CLERICAL AMENDMENT.—The table of contents of the
National Security Act of 1947 is amended by inserting after the
item relating to section 1024 the following:

50 USC 3227c.

50 USC 3227b
note.
Deadline.

50 USC 3334a.

10 USC 2161
prec., 2161; 50
USC 3334a.

‘‘Subtitle D—National Intelligence University
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

1031.
1032.
1033.
1034.

Transfer date.
Degree-granting authority.
Reporting.
Continued applicability of the Federal Advisory Committee Act to the
Board of Visitors.’’.

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SEC. 306. DATA COLLECTION ON ATTRITION IN INTELLIGENCE
COMMUNITY.

(a) STANDARDS FOR DATA COLLECTION.—
(1) IN GENERAL.—Not later than 90 days after the date
of the enactment of this Act, the Director of National Intelligence shall establish standards for collecting data relating
to attrition in the intelligence community workforce across
demographics, specialities, and length of service.
(2) INCLUSION OF CERTAIN CANDIDATES.—The Director shall
include, in the standards established under paragraph (1),
standards for collecting data from candidates who accepted
conditional offers of employment but chose to withdraw from
the hiring process before entering into service, including data
with respect to the reasons such candidates chose to withdraw.

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Deadline.

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Assessment.

PUBLIC LAW 116–260—DEC. 27, 2020

(b) COLLECTION OF DATA.—Not later than 120 days after the
date of the enactment of this Act, each element of the intelligence
community shall begin collecting data on workforce and candidate
attrition in accordance with the standards established under subsection (a).
(c) ANNUAL REPORT.—Not later than 1 year after the date
of the enactment of this Act, and annually thereafter, the Director
shall submit to the congressional intelligence committees a report
on workforce and candidate attrition in the intelligence community
that includes—
(1) the findings of the Director based on the data collected
under subsection (b);
(2) recommendations for addressing any issues identified
in those findings; and
(3) an assessment of timeliness in processing hiring applications of individuals previously employed by an element of the
intelligence community, consistent with the Trusted Workforce
2.0 initiative sponsored by the Security Clearance, Suitability,
and Credentialing Performance Accountability Council.
SEC. 307. LIMITATION ON DELEGATION OF RESPONSIBILITY FOR PROGRAM
MANAGEMENT
OF
INFORMATION-SHARING
ENVIRONMENT.

Section 1016(b) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (6 U.S.C. 485(b)), as amended by section
6402(a) of the National Defense Authorization Act for Fiscal Year
2020 (Public Law 116–92), is further amended—
(1) in paragraph (1), in the matter before subparagraph
(A), by striking ‘‘Director of National Intelligence’’ and inserting
‘‘President’’;
(2) in paragraph (2), by striking ‘‘Director of National Intelligence’’ both places it appears and inserting ‘‘President’’; and
(3) by adding at the end the following:
‘‘(3) DELEGATION.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), the
President may delegate responsibility for carrying out this
subsection.
‘‘(B) LIMITATION.—The President may not delegate
responsibility for carrying out this subsection to the
Director of National Intelligence.’’.
SEC. 308. REQUIREMENT TO BUY CERTAIN SATELLITE COMPONENT
FROM AMERICAN SOURCES.

(a) IN GENERAL.—Title XI of the National Security Act of 1947
(50 U.S.C. 3231 et seq.) is amended by adding at the end the
following new section:

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50 USC 3239.

‘‘SEC. 1109. REQUIREMENT TO BUY CERTAIN SATELLITE COMPONENT
FROM AMERICAN SOURCES.

‘‘(a) DEFINITIONS.—In this section:
‘‘(1) COVERED ELEMENT OF THE INTELLIGENCE COMMUNITY.—The term ‘covered element of the intelligence community’
means an element of the intelligence community that is not
an element of the Department of Defense.
‘‘(2) NATIONAL SECURITY SATELLITE.—The term ‘national
security satellite’ means a satellite weighing over 400 pounds
whose principle purpose is to support the national security
or intelligence needs of the United States Government.

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134 STAT. 2369

‘‘(3) UNITED STATES.—The term ‘United States’ means the
several States, the District of Columbia, and the territories
and possessions of the United States.
‘‘(b) REQUIREMENT.—Beginning January 1, 2021, except as provided in subsection (c), a covered element of the intelligence community may not award a contract for a national security satellite
if the satellite uses a star tracker that is not produced in the
United States, including with respect to both the software and
the hardware of the star tracker.
‘‘(c) EXCEPTION.—The head of a covered element of the intelligence community may waive the requirement under subsection
(b) if, on a case-by-case basis, the head certifies in writing to
the congressional intelligence committees that—
‘‘(1) there is no available star tracker produced in the
United States that meets the mission and design requirements
of the national security satellite for which the star tracker
will be used;
‘‘(2) the cost of a star tracker produced in the United
States is unreasonable, based on a market survey; or
‘‘(3) such waiver is necessary for the national security
interests of the United States based on an urgent and compelling need.’’.
(b) CLERICAL AMENDMENT.—The table of contents in the first
section of the National Security Act of 1947 is amended by inserting
after the item relating to section 1108 the following new item:

Effective date.

Waiver authority.
Certification.

‘‘Sec. 1109. Requirement to buy certain satellite component from American
sources.’’.
SEC. 309. LIMITATION ON CONSTRUCTION OF FACILITIES TO BE USED
PRIMARILY BY INTELLIGENCE COMMUNITY.

Section 602(a)(2) of the Intelligence Authorization Act for Fiscal
Year 1995 (50 U.S.C. 3304(a)(2)) is amended—
(1) by striking ‘‘ $1,000,000’’ both places it appears and
inserting ‘‘ $2,000,000’’; and
(2) by striking ‘‘the Director of National Intelligence shall
submit a notification’’ and inserting ‘‘the head of such component, in coordination with and subject to the approval of the
Director of National Intelligence, shall submit a notification’’.

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SEC. 310. INTELLIGENCE COMMUNITY STUDENT LOAN REPAYMENT
PROGRAMS.

(a) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) student loan repayment programs are a crucial tool
in attracting and retaining talented individuals to the intelligence community, particularly individuals from diverse backgrounds;
(2) generous student loan repayment programs help the
intelligence community compete with the private sector for
talented employees;
(3) departments and agencies containing elements of the
intelligence community have authority to establish student loan
repayment programs either under section 5379 of title 5, United
States Code, or under the delegable authority of the Director
of National Intelligence under section 102A(n)(1) of the National
Security Act of 1947 (50 U.S.C. 3024(n)(1));
(4) although the Director should use the authority under
such section 102A(n)(1) sparingly, and should be exceedingly

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50 USC 3334g
note.

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sparing in delegating such authority to an element of the intelligence community, the Director should approve well-predicated
requests for such authority in the student loan repayment
context if an element of the intelligence community can articulate an impediment to establishing or enhancing a program
under section 5379 of title 5, United States Code; and
(5) student loan repayment programs established by an
element of the intelligence community should provide flexibility
to intelligence community employees, including employees who
pursue loan-financed education in the middle of their careers
or after the day on which they first become intelligence community employees.
(b) STUDENT LOAN REPAYMENT PROGRAM STANDARDS.—Not
later than 180 days after the date of the enactment of this Act,
the Director of National Intelligence, or a designee of the Director
who is an employee of the Office of the Director of National Intelligence, shall establish minimum standards for the repayment of
student loans of employees of elements of the intelligence community by such elements of the intelligence community.
(c) REPORT.—Not later than 180 days after the date of the
enactment of this Act, the Director shall submit to the appropriate
congressional committees a report on the standards established
under subsection (b). Such report shall include—
(1) an explanation of why such minimum standards were
established; and
(2) how such standards advance the goals of—
(A) attracting and retaining a talented intelligence
community workforce;
(B) competing with private sector companies for talented employees; and
(C) promoting the development of a diverse workforce.
(d) FAILURE TO MEET STANDARDS.—Not later than 180 days
after the date on which the standards required under subsection
(b) are established, the head of an element of the intelligence
community that does not meet such standards shall submit to
the appropriate congressional committees a report containing an
explanation for why such element does not meet such standards
and an identification of any additional authority or appropriations
required to for the element to meet such standards.
(e) SUBMITTAL OF REGULATIONS AND POLICIES TO CONGRESS.—
Not later than 180 days after the date on which the standards
required under subsection (b) are established, the head of an element of the intelligence community shall submit to the appropriate
congressional committees a copy of all internal regulations and
policies governing the student loan repayment program of that
element as well as copies of such policies redacted to remove classified information.
(f) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’
means—
(1) the Permanent Select Committee on Intelligence of the
House of Representatives;
(2) the Select Committee on Intelligence of the Senate;
(3) with respect to an element of the intelligence community
within the Department of Defense, the Committees on Armed
Services of the Senate and House of Representatives;

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2371

(4) with respect to an element of the intelligence community
within the Department of Justice, the Committees on the
Judiciary of the Senate and House of Representatives;
(5) with respect to an element of the intelligence community
within the Department of Homeland Security, the Committee
on Homeland Security and Governmental Affairs of the Senate
and the Committee on Homeland Security of the House of
Representatives;
(6) with respect to an element of the intelligence community
within the Department of State, the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs
of the House of Representatives;
(7) with respect to an element of the intelligence community
within the Department of Energy, the Committee on Energy
and Natural Resources of the Senate and the Committee on
Energy and Commerce of the House of Representatives; and
(8) with respect to an element of the intelligence community
within the Department of the Treasury, the Committee on
Finance of the Senate and the Committee on Financial Services
of the House of Representatives.
(g) FORM OF REPORTS.—Each of the reports required under
subsections (c) and (d) shall be submitted in unclassified form,
but may contain a classified annex.

Subtitle B—Reports and Assessments
Pertaining to the Intelligence Community

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SEC. 321. ASSESSMENT BY THE COMPTROLLER GENERAL OF THE
UNITED STATES ON EFFORTS OF THE INTELLIGENCE
COMMUNITY AND THE DEPARTMENT OF DEFENSE TO
IDENTIFY AND MITIGATE RISKS POSED TO THE INTELLIGENCE COMMUNITY AND THE DEPARTMENT BY THE
USE OF DIRECT-TO-CONSUMER GENETIC TESTING BY
THE GOVERNMENT OF THE PEOPLE’S REPUBLIC OF
CHINA.

(a) ASSESSMENT REQUIRED.—The Comptroller General of the
United States shall assess the efforts of the intelligence community
and the Department of Defense to identify and mitigate the risks
posed to the intelligence community and the Department by the
use of direct-to-consumer genetic testing by the Government of
the People’s Republic of China.
(b) REPORT REQUIRED.—
(1) DEFINITION OF UNITED STATES DIRECT-TO-CONSUMER
GENETIC TESTING COMPANY.—In this subsection, the term
‘‘United States direct-to-consumer genetic testing company’’
means a private entity that—
(A) carries out direct-to-consumer genetic testing; and
(B) is organized under the laws of the United States
or any jurisdiction within the United States.
(2) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, the Comptroller General shall
submit to Congress, including the congressional intelligence
committees, the Committee on Armed Services of the Senate,
and the Committee on Armed Services of the House of Representatives, a report on the assessment required by subsection
(a).

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134 STAT. 2372

Recommendations.

PUBLIC LAW 116–260—DEC. 27, 2020

(3) ELEMENTS.—The report required by paragraph (2) shall
include the following:
(A) A description of key national security risks and
vulnerabilities associated with direct-to-consumer genetic
testing, including—
(i) how the Government of the People’s Republic
of China may be using data provided by personnel
of the intelligence community and the Department
through direct-to-consumer genetic tests; and
(ii) how ubiquitous technical surveillance may
amplify those risks.
(B) An assessment of the extent to which the intelligence community and the Department have identified
risks and vulnerabilities posed by direct-to-consumer
genetic testing and have sought to mitigate such risks
and vulnerabilities, or have plans for such mitigation,
including the extent to which the intelligence community
has determined—
(i) in which United States direct-to-consumer
genetic testing companies the Government of the People’s Republic of China or entities owned or controlled
by the Government of the People’s Republic of China
have an ownership interest; and
(ii) which United States direct-to-consumer genetic
testing companies may have sold data to the Government of the People’s Republic of China or entities
owned or controlled by the Government of the People’s
Republic of China.
(C) Such recommendations as the Comptroller General
may have for action by the intelligence community and
the Department to improve the identification and mitigation of risks and vulnerabilities posed by the use of directto-consumer genetic testing by the Government of the People’s Republic of China.
(4) FORM.—The report required by paragraph (2) shall be
submitted in unclassified form, but may include a classified
annex.
(c) COOPERATION.—The heads of relevant elements of the intelligence community and components of the Department shall—
(1) fully cooperate with the Comptroller General in conducting the assessment required by subsection (a); and
(2) provide any information and data required by the Comptroller General to conduct the assessment, consistent with Intelligence Community Directive 114 or successor directive.

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SEC. 322. REPORT ON USE BY INTELLIGENCE COMMUNITY OF HIRING
FLEXIBILITIES AND EXPEDITED HUMAN RESOURCES
PRACTICES TO ASSURE QUALITY AND DIVERSITY IN THE
WORKFORCE OF THE INTELLIGENCE COMMUNITY.

(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the Director of National Intelligence
shall submit to the congressional intelligence committees a report
on how elements of the intelligence community are exercising hiring
flexibilities and expedited human resources practices afforded under
section 3326 of title 5, United States Code, and subpart D of

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2373

part 315 of title 5, Code of Federal Regulations, or successor regulation, to assure quality and diversity in the workforce of the intelligence community.
(b) OBSTACLES.—The report submitted under subsection (a)
shall include identification of any obstacles encountered by the
intelligence community in exercising the authorities described in
such subsection.
SEC. 323. REPORT ON SIGNALS INTELLIGENCE PRIORITIES AND
REQUIREMENTS.

(a) REPORT REQUIRED.—Not later than 30 days after the date
of the enactment of this Act, the Director of National Intelligence
shall submit to the congressional intelligence committees, the
majority and minority leaders of the Senate, and the Speaker and
minority leader of the House of Representatives a report on signals
intelligence priorities and requirements subject to Presidential
Policy Directive 28.
(b) ELEMENTS.—The report required by subsection (a) shall
cover the following:
(1) The implementation of the annual process for advising
the Director on signals intelligence priorities and requirements
described in section 3 of Presidential Policy Directive 28.
(2) The signals intelligence priorities and requirements as
of the most recent annual process.
(3) The application of such priorities and requirements
to the signals intelligence collection efforts of the intelligence
community.
(c) CONTENTS OF CLASSIFIED ANNEX REFERENCED IN SECTION
3 OF PRESIDENTIAL POLICY DIRECTIVE 28.—Not later than 30 days
after the date of the enactment of this Act, in addition to the
report submitted under subsection (a), the Director shall submit
to the chairmen and ranking minority members of the congressional
intelligence committees, the majority and minority leaders of the
Senate, and the Speaker and minority leader of the House of Representatives the contents of the classified annex referenced in section 3 of Presidential Policy Directive 28.
(d) FORM.—The report submitted under subsection (a) shall
be submitted in unclassified form, but may include a classified
annex.

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SEC. 324. ASSESSMENT OF DEMAND FOR STUDENT LOAN REPAYMENT
PROGRAM BENEFIT.

(a) IN GENERAL.—Not later than 90 days after the date of
the enactment of this Act, the head of each element of the intelligence community shall—
(1) calculate the number of personnel of that element who
qualify for a student loan repayment program benefit;
(2) compare the number calculated under paragraph (1)
to the number of personnel who apply for such a benefit;
(3) provide recommendations for how to structure such
a program to optimize participation and enhance the effectiveness of the benefit as a retention tool, including with respect
to the amount of the benefit offered and the length of time
an employee receiving a benefit is required to serve under
a continuing service agreement; and
(4) identify any shortfall in funds or authorities needed
to provide such a benefit.

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134 STAT. 2374

PUBLIC LAW 116–260—DEC. 27, 2020

(b) INCLUSION IN FISCAL YEAR 2022 BUDGET SUBMISSION.—
The Director of National Intelligence shall include in the budget
justification materials submitted to Congress in support of the
budget for the intelligence community for fiscal year 2022 (as submitted with the budget of the President under section 1105(a)
of title 31, United States Code) a report on the findings of the
elements of the intelligence community under subsection (a).
SEC. 325. ASSESSMENT OF INTELLIGENCE COMMUNITY DEMAND FOR
CHILD CARE.
Coordination.
Reports.

(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the Director of National Intelligence,
in coordination with the heads of the elements of the intelligence
community specified in subsection (b), shall submit to the congressional intelligence committees a report that includes—
(1) a calculation of the total annual demand for child care
by employees of such elements, at or near the workplaces
of such employees, including a calculation of the demand for
early morning and evening child care;
(2) an identification of any shortfall between the demand
calculated under paragraph (1) and the child care supported
by such elements as of the date of the report;
(3) an assessment of options for addressing any such shortfall, including options for providing child care at or near the
workplaces of employees of such elements;
(4) an identification of the advantages, disadvantages, security requirements, and costs associated with each such option;
(5) a plan to meet, by the date that is 5 years after
the date of the report—
(A) the demand calculated under paragraph (1); or
(B) an alternative standard established by the Director
for child care available to employees of such elements;
and
(6) an assessment of needs of specific elements of the
intelligence community, including any Government-provided
child care that could be collocated with a workplace of
employees of such an element and any available child care
providers in the proximity of such a workplace.
(b) ELEMENTS SPECIFIED.—The elements of the intelligence
community specified in this subsection are the following:
(1) The Central Intelligence Agency.
(2) The National Security Agency.
(3) The Defense Intelligence Agency.
(4) The National Geospatial-Intelligence Agency.
(5) The National Reconnaissance Office.
(6) The Office of the Director of National Intelligence.

Deadlines.

SEC. 326. OPEN SOURCE INTELLIGENCE STRATEGIES AND PLANS FOR
THE INTELLIGENCE COMMUNITY.

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(a) REQUIREMENT FOR SURVEY AND EVALUATION OF CUSTOMER
FEEDBACK.—Not later than 90 days after the date of the enactment
of this Act, the Director of National Intelligence, in coordination
with the head of each element of the intelligence community, shall—
(1) conduct a survey of the open source intelligence requirements, goals, monetary and property investments, and capabilities for each element of the intelligence community; and

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134 STAT. 2375

(2) evaluate the usability and utility of the Open Source
Enterprise by soliciting customer feedback and evaluating such
feedback.
(b) REQUIREMENT FOR OVERALL STRATEGY AND FOR INTELLIGENCE COMMUNITY, PLAN FOR IMPROVING USABILITY OF OPEN
SOURCE ENTERPRISE, AND RISK ANALYSIS OF CREATING OPEN
SOURCE CENTER.—Not later than 180 days after the date of the
enactment of this Act, the Director, in coordination with the head
of each element of the intelligence community and using the findings
of the Director with respect to the survey conducted under subsection (a), shall—
(1) develop a strategy for open source intelligence collection,
analysis, and production that defines the overarching goals,
roles, responsibilities, and processes for such collection, analysis, and production for the intelligence community;
(2) develop a plan for improving usability and utility of
the Open Source Enterprise based on the customer feedback
solicited under subsection (a)(2); and
(3) conduct a risk and benefit analysis of creating an open
source center independent of any current intelligence community element.
(c) REQUIREMENT FOR PLAN FOR CENTRALIZED DATA REPOSITORY.—Not later than 270 days after the date of the enactment
of this Act and using the findings of the Director with respect
to the survey and evaluation conducted under subsection (a), the
strategy and plan developed under subsection (b), and the risk
and benefit analysis conducted under such subsection, the Director
shall develop a plan for a centralized data repository of open source
intelligence that enables all elements of the intelligence community—
(1) to use such repository for their specific requirements;
and
(2) to derive open source intelligence advantages.
(d) REQUIREMENT FOR COST-SHARING MODEL.—Not later than
1 year after the date of the enactment of this Act and using
the findings of the Director with respect to the survey and evaluation conducted under subsection (a), the strategy and plan developed
under subsection (b), the risk and benefit analysis conducted under
such subsection, and the plan developed under subsection (c), the
Director shall develop a cost-sharing model that leverages the open
source intelligence investments of each element of the intelligence
community for the beneficial use of the entire intelligence community.
(e) CONGRESSIONAL BRIEFING.—Not later than 1 year after the
date of the enactment of this Act, the Director of National Intelligence, the Director of the Central Intelligence Agency, the Director
of the Defense Intelligence Agency, the Director of the National
Geospatial-Intelligence Agency, and the Director of the National
Security Agency shall jointly brief the congressional intelligence
committees on—
(1) the strategy developed under paragraph (1) of subsection
(b);
(2) the plan developed under paragraph (2) of such subsection;
(3) the plan developed under subsection (c); and
(4) the cost-sharing model developed under subsection (d).

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PUBLIC LAW 116–260—DEC. 27, 2020

TITLE IV—MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
SEC. 401. ESTABLISHMENT OF OFFICE OF THE OMBUDSMAN FOR ANALYTIC OBJECTIVITY.

(a) OFFICE OF THE OMBUDSMAN FOR ANALYTIC OBJECTIVITY.—
The Central Intelligence Agency Act of 1949 (50 U.S.C. 3501 et
seq.) is amended by adding at the end the following:

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50 USC 3525.

‘‘SEC. 24. OFFICE OF THE OMBUDSMAN FOR ANALYTIC OBJECTIVITY.

‘‘(a) ESTABLISHMENT.—
‘‘(1) IN GENERAL.—There is established in the Agency an
Office of the Ombudsman for Analytic Objectivity (in this section referred to as the ‘Office’).
‘‘(2) APPOINTMENT OF OMBUDSMAN.—The Office shall be
headed by an Ombudsman, who shall be appointed by the
Director from among current or former senior staff officers
of the Agency.
‘‘(b) DUTIES AND RESPONSIBILITIES.—The Ombudsman shall—
‘‘(1) on an annual basis, conduct a survey of analytic objectivity among officers and employees of the Agency;
‘‘(2) implement a procedure by which any officer or
employee of the Agency may submit to the Office a complaint
alleging politicization, bias, lack of objectivity, or other issues
relating to a failure of tradecraft in analysis conducted by
the Agency;
‘‘(3) except as provided in paragraph (4), upon receiving
a complaint submitted pursuant to paragraph (2), take reasonable action to investigate the complaint, make a determination
as to whether the incident described in the complaint involved
politicization, bias, or lack of objectivity, and prepare a report
that—
‘‘(A) summarizes the facts relevant to the complaint;
‘‘(B) documents the determination of the Ombudsman
with respect to the complaint; and
‘‘(C) contains a recommendation for remedial action;
‘‘(4) if a complaint submitted pursuant to paragraph (2)
alleges politicization, bias, or lack of objectivity in the collection
of intelligence information, refer the complaint to the official
responsible for supervising collection operations of the Agency;
and
‘‘(5) continuously monitor changes in areas of analysis that
the Ombudsman determines involve a heightened risk of
politicization, bias, or lack of objectivity, to ensure that any
change in the analytic line arises from proper application of
analytic tradecraft and not as a result of politicization, bias,
or lack of objectivity.
‘‘(c) REPORTS.—(1) On an annual basis, the Ombudsman shall
submit to the intelligence committees a report on the results of
the survey conducted pursuant to subsection (b)(1) with respect
to the most recent fiscal year.
‘‘(2) On an annual basis, the Ombudsman shall submit to
the intelligence committees a report that includes—

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2377

‘‘(A) the number of complaints of submitted pursuant to
subsection (b)(2) during the most recent fiscal year; and
‘‘(B) a description of the nature of such complaints, the
actions taken by the Office or any other relevant element
or component of the Agency with respect to such complaints,
and the resolution of such complaints.
‘‘(3) On a quarterly basis, the Ombudsman shall submit to
the intelligence committees a report that includes—
‘‘(A) a list of the areas of analysis monitored during the
most recent calendar quarter pursuant to subsection (b)(5);
and
‘‘(B) a brief description of the methods by which the Office
has conducted such monitoring.
‘‘(d) INTELLIGENCE COMMITTEES DEFINED.—In this section, the
term ‘intelligence committees’ means the Permanent Select Committee on Intelligence of the House of Representatives and the
Select Committee on Intelligence of the Senate.’’.
(b) REFERENCE.—Any reference in any law, regulation, map,
document, paper, or other record of the United States to the
Ombudsman for Analytic and Collection Objectivity of the Central
Intelligence Agency shall be deemed to be a reference to the Office
of the Ombudsman for Analytic Objectivity of the Central Intelligence Agency established by section 24(a) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3501 et seq.), as added
by subsection (a).
(c) REPORT ON SURVEYS FOR FISCAL YEARS 2018 AND 2019.—
Not later than 10 days after the date of the enactment of this
Act, the Director of the Central Intelligence Agency shall submit
to the congressional intelligence committees any reports previously
prepared by the Ombudsman for Analytic and Collection Objectivity
with respect to the surveys of analytic objectivity conducted for
fiscal years 2018 and 2019.

List.

50 USC 3525
note.

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SEC. 402. EXPANSION OF PERSONNEL MANAGEMENT AUTHORITY TO
ATTRACT EXPERTS IN SCIENCE AND ENGINEERING.

Section 1599h of title 10, United States Code, is amended—
(1) in subsection (a), by adding at the end the following
new paragraph:
‘‘(7) NGA.—The Director of the National Geospatial-Intelligence Agency may carry out a program of personnel management authority provided in subsection (b) in order to facilitate
recruitment of eminent experts in science or engineering for
research and development projects and to enhance the administration and management of the Agency.’’;
(2) in subsection (b)(1)—
(A) in subparagraph (E), by striking ‘‘; and’’;
(B) in subparagraph (F), by striking the semicolon
and inserting ‘‘; and’’; and
(C) by adding at the end the following new subparagraph:
‘‘(G) in the case of the National Geospatial-Intelligence
Agency, appoint individuals to a total of not more than
7 positions in the Agency, of which not more than 2 such
positions may be positions of administration or management in the Agency;’’; and

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134 STAT. 2378

PUBLIC LAW 116–260—DEC. 27, 2020
(3) in subsection (c)(2), by striking ‘‘or the Joint Artificial
Intelligence Center’’ and inserting ‘‘the Joint Artificial Intelligence Center, or the National Geospatial-Intelligence Agency’’.

SEC. 403. SENIOR CHIEF PETTY OFFICER SHANNON KENT AWARD FOR
DISTINGUISHED FEMALE PERSONNEL OF THE NATIONAL
SECURITY AGENCY.

The National Security Agency Act of 1959 (50 U.S.C. 3601
et seq.) is amended by adding at the end the following new section:
Determinations.
50 USC 3619.

‘‘SEC. 21. SENIOR CHIEF PETTY OFFICER SHANNON KENT AWARD FOR
DISTINGUISHED FEMALE PERSONNEL.

‘‘(a) ESTABLISHMENT.—The Director of the National Security
Agency shall establish an honorary award for the recognition of
female personnel of the National Security Agency for distinguished
career contributions in support of the mission of the Agency as
civilian employees or members of the Armed Forces assigned to
the Agency. The award shall be known as the ‘Senior Chief Petty
Officer Shannon Kent Award’ and shall consist of a design determined appropriate by the Director.
‘‘(b) AWARD.—The Director shall award the Senior Chief Petty
Officer Shannon Kent Award to female civilian employees, members
of the Armed Forces, or former civilian employees or members,
whom the Director determines meet the criteria under subsection
(a).’’.
SEC. 404. DEPARTMENT OF HOMELAND SECURITY INTELLIGENCE AND
CYBERSECURITY DIVERSITY FELLOWSHIP PROGRAM.

(a) PROGRAM.—Subtitle D of title XIII of the Homeland Security
Act of 2002 (5 U.S.C. 3301 note et seq.) is amended by adding
at the end the following new section:

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6 USC 665a.

‘‘SEC. 1333. INTELLIGENCE AND CYBERSECURITY DIVERSITY FELLOWSHIP PROGRAM.

‘‘(a) DEFINITIONS.—In this section:
‘‘(1) APPROPRIATE COMMITTEES OF CONGRESS.—The term
‘appropriate committees of Congress’ means—
‘‘(A) the Committee on Homeland Security and Governmental Affairs and the Select Committee on Intelligence
of the Senate; and
‘‘(B) the Committee on Homeland Security and the
Permanent Select Committee on Intelligence of the House
of Representatives.
‘‘(2) EXCEPTED SERVICE.—The term ‘excepted service’ has
the meaning given that term in section 2103 of title 5, United
States Code.
‘‘(3) HISTORICALLY BLACK COLLEGE OR UNIVERSITY.—The
term ‘historically Black college or university’ has the meaning
given the term ‘part B institution’ in section 322 of the Higher
Education Act of 1965 (20 U.S.C. 1061).
‘‘(4) INSTITUTION OF HIGHER EDUCATION.—The term ‘institution of higher education’ has the meaning given that term
in section 101 of the Higher Education Act of 1965 (20 U.S.C.
1001).
‘‘(5) MINORITY-SERVING INSTITUTION.—The term ‘minorityserving institution’ means an institution of higher education
described in section 371(a) of the Higher Education Act of
1965 (20 U.S.C. 1067q(a)).

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2379

‘‘(b) PROGRAM.—The Secretary shall carry out an intelligence
and cybersecurity diversity fellowship program (in this section
referred to as the ‘Program’) under which an eligible individual
may—
‘‘(1) participate in a paid internship at the Department
that relates to intelligence, cybersecurity, or some combination
thereof;
‘‘(2) receive tuition assistance from the Secretary; and
‘‘(3) upon graduation from an institution of higher education
and successful completion of the Program (as defined by the
Secretary), receive an offer of employment to work in an intelligence or cybersecurity position of the Department that is
in the excepted service.
‘‘(c) ELIGIBILITY.—To be eligible to participate in the Program,
an individual shall—
‘‘(1) be a citizen of the United States; and
‘‘(2) as of the date of submitting the application to participate in the Program—
‘‘(A) have a cumulative grade point average of at least
3.2 on a 4.0 scale;
‘‘(B) be a socially disadvantaged individual (as that
term in defined in section 124.103 of title 13, Code of
Federal Regulations, or successor regulation); and
‘‘(C) be a sophomore, junior, or senior at an institution
of higher education.
‘‘(d) DIRECT HIRE AUTHORITY.—If an individual who receives
an offer of employment under subsection (b)(3) accepts such offer,
the Secretary shall appoint, without regard to provisions of subchapter I of chapter 33 of title 5, United States Code, (except
for section 3328 of such title) such individual to the position specified in such offer.
‘‘(e) REPORTS.—
‘‘(1) REPORTS.—Not later than 1 year after the date of
the enactment of this section, and on an annual basis thereafter, the Secretary shall submit to the appropriate committees
of Congress a report on the Program.
‘‘(2) MATTERS.—Each report under paragraph (1) shall
include, with respect to the most recent year, the following:
‘‘(A) A description of outreach efforts by the Secretary
to raise awareness of the Program among institutions of
higher education in which eligible individuals are enrolled.
‘‘(B) Information on specific recruiting efforts conducted
by the Secretary to increase participation in the Program.
‘‘(C) The number of individuals participating in the
Program, listed by the institution of higher education in
which the individual is enrolled at the time of participation,
and information on the nature of such participation,
including on whether the duties of the individual under
the Program relate primarily to intelligence or to cybersecurity.
‘‘(D) The number of individuals who accepted an offer
of employment under the Program and an identification
of the element within the Department to which each individual was appointed.’’.

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134 STAT. 2380

PUBLIC LAW 116–260—DEC. 27, 2020

(b) CLERICAL AMENDMENT.—The table of contents for such Act
is amended by inserting after the item relating to section 1332
the following new item:
‘‘Sec. 1333. Intelligence and cybersecurity diversity fellowship program.’’.
SEC. 405. CLIMATE SECURITY ADVISORY COUNCIL.

(a) STUDY ON ADVISORY COUNCIL MODEL FOR STRATEGIC OR
TRANSNATIONAL THREATS.—
(1) STUDY REQUIRED.—The Director of National Intelligence, in coordination with the heads of other elements of
the intelligence community determined appropriate by the
Director, shall conduct a study on the effectiveness of the
Climate Security Advisory Council as a potential model for
future advisory councils that—
(A) focus on optimizing the collection and analysis of
intelligence relating to strategic or transnational threats
to the national security of the United States (including
threats posed by disease outbreaks, pandemics, or other
global health threats); and
(B) are composed of elements of the intelligence
community and relevant elements of the Federal Government that are not elements of the intelligence community.
(2) REPORT.—Not later than 1 year after the date of the
enactment of this Act, the Director shall submit to the congressional intelligence committees a report containing the findings
of the study under paragraph (1).
(b) TECHNICAL CORRECTION.—Section 120(c)(4) of the National
Security Act of 1947 (50 U.S.C. 3060(c)(4)) is amended by striking
‘‘security indicators’’ and inserting ‘‘intelligence indications’’.

Coordination.

TITLE V—MATTERS RELATING TO
EMERGING TECHNOLOGIES
SEC. 501. REQUIREMENTS AND AUTHORITIES FOR DIRECTOR OF THE
CENTRAL INTELLIGENCE AGENCY TO IMPROVE EDUCATION IN SCIENCE, TECHNOLOGY, ENGINEERING, ARTS,
AND MATHEMATICS.

The Central Intelligence Agency Act of 1949 (50 U.S.C. 3501
et seq.), as amended by section 401, is further amended by adding
at the end the following:

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50 USC 3526.

‘‘SEC. 25. IMPROVEMENT OF EDUCATION IN SCIENCE, TECHNOLOGY,
ENGINEERING, ARTS, AND MATHEMATICS.

‘‘(a) DEFINITIONS.—In this section:
‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible entity’ includes
a department or agency of the Federal Government, a State,
a political subdivision of a State, an individual, and a notfor-profit or other organization in the private sector.
‘‘(2) EDUCATIONAL INSTITUTION.—The term ‘educational
institution’ includes any public or private elementary school
or secondary school, institution of higher education, college,
university, or any other profit or nonprofit institution that
is dedicated to improving science, technology, engineering, the
arts, mathematics, business, law, medicine, or other fields that

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2381

promote development and education relating to science, technology, engineering, the arts, or mathematics.
‘‘(3) STATE.—The term ‘State’ means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Commonwealth of the Northern Mariana Islands,
and any other territory or possession of the United States.
‘‘(b) REQUIREMENTS.—The Director shall, on a continuing
basis—
‘‘(1) identify actions that the Director may take to improve
education in the scientific, technology, engineering, arts, and
mathematics (known as ‘STEAM’) skills necessary to meet the
long-term national security needs of the United States for personnel proficient in such skills; and
‘‘(2) establish and conduct programs to carry out such
actions.
‘‘(c) AUTHORITIES.—
‘‘(1) IN GENERAL.—The Director, in support of educational
programs in science, technology, engineering, the arts, and
mathematics, may—
‘‘(A) award grants to eligible entities;
‘‘(B) provide cash awards and other items to eligible
entities;
‘‘(C) accept voluntary services from eligible entities;
‘‘(D) support national competition judging, other educational event activities, and associated award ceremonies
in connection with such educational programs; and
‘‘(E) enter into one or more education partnership
agreements with educational institutions in the United
States for the purpose of encouraging and enhancing study
in science, technology, engineering, the arts, and mathematics disciplines at all levels of education.
‘‘(2) EDUCATION PARTNERSHIP AGREEMENTS.—
‘‘(A) NATURE OF ASSISTANCE PROVIDED.—Under an education partnership agreement entered into with an educational institution under paragraph (1)(E), the Director
may provide assistance to the educational institution by—
‘‘(i) loaning equipment to the educational institution for any purpose and duration in support of such
agreement that the Director considers appropriate;
‘‘(ii) making personnel available to teach science
courses or to assist in the development of science
courses and materials for the educational institution;
‘‘(iii) providing sabbatical opportunities for faculty
and internship opportunities for students;
‘‘(iv) involving faculty and students of the educational institution in Agency projects, including
research and technology transfer or transition projects;
‘‘(v) cooperating with the educational institution
in developing a program under which students may
be given academic credit for work on Agency projects,
including research and technology transfer for transition projects; and
‘‘(vi) providing academic and career advice and
assistance to students of the educational institution.
‘‘(B) PRIORITIES.—In entering into education partnership agreements under paragraph (1)(E), the Director shall

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134 STAT. 2382

PUBLIC LAW 116–260—DEC. 27, 2020

prioritize entering into education partnership agreements
with the following:
‘‘(i) Historically Black colleges and universities and
other minority-serving institutions, as described in section 371(a) of the Higher Education Act of 1965 (20
U.S.C. 1067q(a)).
‘‘(ii) Educational institutions serving women, members of minority groups, and other groups of individuals
who traditionally are involved in the science, technology, engineering, arts, and mathematics professions
in disproportionately low numbers.
‘‘(d) DESIGNATION OF ADVISOR.—The Director shall designate
one or more individuals within the Agency to advise and assist
the Director regarding matters relating to science, technology,
engineering, the arts, and mathematics education and training.’’.
50 USC 3334i.

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Contracts.

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SEC. 502. SEEDLING INVESTMENT IN NEXT-GENERATION MICROELECTRONICS IN SUPPORT OF ARTIFICIAL INTELLIGENCE.

(a) FINDINGS.—Congress finds that—
(1) developing faster, more energy efficient, and more resilient computing is important to the future of the national security of the United States and the leadership by the United
States in artificial intelligence; and
(2) multidisciplinary teams co-designing microelectronics
for artificial intelligence will lead to unprecedented capabilities
that will help ensure that the United States maintains its
superiority in this worldwide competition for economic and
national security.
(b) AWARDS FOR RESEARCH AND DEVELOPMENT.—The Director
of National Intelligence, acting through the Director of the Intelligence Advanced Research Projects Activity, shall award contracts
or grants, or enter into transactions other than contracts, to encourage microelectronics research.
(c) USE OF FUNDS.—The Director shall award contracts or
grants to, or enter into transactions other than contracts with,
entities under subsection (b) to carry out any of the following:
(1) Advanced engineering and applied research into novel
computing models, materials, devices, architectures, or algorithms to enable the advancement of artificial intelligence and
machine learning.
(2) Research efforts to—
(A) overcome challenges with engineering and applied
research of microelectronics, including with respect to the
physical limits on transistors, electrical interconnects, and
memory elements; or
(B) promote long-term advancements in computing
technologies, including by fostering a unified and multidisciplinary approach encompassing research and development into algorithm design, computing architectures,
microelectronic devices and circuits, and the chemistry and
physics of new materials.
(3) Any other activity the Director determines would promote the development of microelectronics research.
(d) AWARD AMOUNTS.—In awarding contracts or grants, or
entering into transactions other than contracts, under subsection
(b), the Director may award not more than a total of $15,000,000.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2383

TITLE VI—REPORTS AND OTHER
MATTERS
SEC. 601. REPORT ON ATTEMPTS BY FOREIGN ADVERSARIES TO BUILD
TELECOMMUNICATIONS AND CYBERSECURITY EQUIPMENT AND SERVICES FOR, OR TO PROVIDE SUCH EQUIPMENT AND SERVICES TO, CERTAIN ALLIES OF THE
UNITED STATES.

(a) DEFINITIONS.—In this section:
(1) APPROPRIATE COMMITTEES OF CONGRESS.—The term
‘‘appropriate committees of Congress’’ means—
(A) the Committee on Armed Services and the Select
Committee on Intelligence of the Senate; and
(B) the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of
Representatives.
(2) FIVE EYES COUNTRY.—The term ‘‘Five Eyes country’’
means any of the following:
(A) Australia.
(B) Canada.
(C) New Zealand.
(D) The United Kingdom.
(E) The United States.
(b) REPORT REQUIRED.—Not later than 90 days after the date
of the enactment of this Act, the Director of the Central Intelligence
Agency, the Director of the National Security Agency, and the
Director of the Defense Intelligence Agency shall jointly submit
to the appropriate committees of Congress a report on attempts
by foreign adversaries to build telecommunications and cybersecurity equipment and services for, or to provide such equipment
and services to, Five Eyes countries.
(c) ELEMENTS.—The report submitted under subsection (b) shall
include the following:
(1) An assessment of United States intelligence sharing
and intelligence and military force posture in any Five Eyes
country that currently uses or intends to use telecommunications or cybersecurity equipment or services provided by a
foreign adversary of the United States, including China and
Russia.
(2) A description and assessment of mitigation of any potential compromises or risks for any circumstance described in
paragraph (1).
(d) FORM.—The report required by subsection (b) shall include
an unclassified executive summary, and may include a classified
annex.

Assessments.

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SEC. 602. REPORT ON THREATS POSED BY USE BY FOREIGN GOVERNMENTS AND ENTITIES OF COMMERCIALLY AVAILABLE
CYBER INTRUSION AND SURVEILLANCE TECHNOLOGY.

(a) REPORT REQUIRED.—Not later than 180 days after the date
of the enactment of this Act, the Director of National Intelligence
shall submit to the congressional intelligence committees, the Committee on Homeland Security and Governmental Affairs of the
Senate, and the Committee on Homeland Security of the House
of Representatives a report on the threats posed by the use by

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134 STAT. 2384

Assessment.

Assessment.

PUBLIC LAW 116–260—DEC. 27, 2020

foreign governments and entities of commercially available cyber
intrusion and other surveillance technology.
(b) CONTENTS.—The report required by subsection (a) shall
include the following:
(1) Matters relating to threats described in subsection (a)
as they pertain to the following:
(A) The threat posed to United States persons and
persons inside the United States.
(B) The threat posed to United States personnel overseas.
(C) The threat posed to employees of the Federal
Government, including through both official and personal
accounts and devices.
(2) A description of which foreign governments and entities
pose the greatest threats from the use of technology described
in subsection (a) and the nature of those threats.
(3) An assessment of the source of the commercially available cyber intrusion and other surveillance technology that
poses the threats described in subsection (a), including whether
such technology is made by United States companies or companies in the United States or by foreign companies.
(4) An assessment of actions taken, as of the date of the
enactment of this Act, by the Federal Government and foreign
governments to limit the export of technology described in
subsection (a) from the United States or foreign countries to
foreign governments and entities in ways that pose the threats
described in such subsection.
(5) Matters relating to how the Federal Government, Congress, and foreign governments can most effectively mitigate
the threats described in subsection (a), including matters
relating to the following:
(A) Working with the technology and telecommunications industry to identify and improve the security of
consumer software and hardware used by United States
persons and persons inside the United States that is targeted by commercial cyber intrusion and surveillance software.
(B) Export controls.
(C) Diplomatic pressure.
(D) Trade agreements.
(c) FORM.—The report submitted under subsection (a) shall
be submitted in unclassified form, but may include a classified
annex.

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SEC. 603. REPORTS ON RECOMMENDATIONS OF THE CYBERSPACE
SOLARIUM COMMISSION.

(a) APPROPRIATE COMMITTEES OF CONGRESS.—In this section,
the term ‘‘appropriate committees of Congress’’ means—
(1) the Committee on Armed Services, the Select Committee
on Intelligence, the Committee on Homeland Security and
Governmental Affairs, the Committee on Commerce, Science,
and Transportation, and the Committee on Energy and Natural
Resources of the Senate; and
(2) the Committee on Armed Services, the Permanent Select
Committee on Intelligence, the Committee on Homeland Security, the Committee on Science, Space, and Technology, and

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2385

the Committee on Energy and Commerce of the House of Representatives.
(b) REPORTS REQUIRED.—Not later than 180 days after the
date of the enactment of this Act, each head of an agency described
in subsection (c) shall submit to the appropriate committees of
Congress a report on the recommendations included in the report
issued by the Cyberspace Solarium Commission under section
1652(k) of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115–232).
(c) AGENCIES DESCRIBED.—The agencies described in this subsection are the following:
(1) The Office of the Director of National Intelligence.
(2) The Department of Homeland Security.
(3) The Department of Energy.
(4) The Department of Commerce.
(5) The Department of Defense.
(d) CONTENTS.—Each report submitted under subsection (b)
by the head of an agency described in subsection (c) shall include
the following:
(1) An evaluation of the recommendations in the report
described in subsection (b) that the agency identifies as pertaining directly to the agency.
(2) A description of the actions taken, or the actions that
the head of the agency may consider taking, to implement
any of the recommendations (including a comprehensive estimate of requirements for appropriations to take such actions).

Evaluation.

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SEC. 604. ASSESSMENT OF CRITICAL TECHNOLOGY TRENDS RELATING
TO ARTIFICIAL INTELLIGENCE, MICROCHIPS, AND SEMICONDUCTORS AND RELATED SUPPLY CHAINS.

(a) ASSESSMENT REQUIRED.—Not later than 180 days after the
date of the enactment of this Act, the Director of National Intelligence shall complete a detailed assessment of critical technology
trends relating to artificial intelligence, microchips, and semiconductors and related supply chains.
(b) ELEMENTS.—The assessment required by subsection (a) shall
include the following:
(1) EXPORT CONTROLS.—
(A) IN GENERAL.—An assessment of efforts by partner
countries to enact and implement export controls and other
technology transfer measures with respect to artificial intelligence, microchips, advanced manufacturing equipment,
and other artificial intelligence enabled technologies critical
to United States supply chains.
(B) IDENTIFICATION OF OPPORTUNITIES FOR COOPERATION.—The assessment under subparagraph (A) shall identify opportunities for further cooperation with international
partners on a multilateral and bilateral basis to strengthen
export control regimes and address technology transfer
threats.
(2) SEMICONDUCTOR SUPPLY CHAINS.—
(A) IN GENERAL.—An assessment of global semiconductor supply chains, including areas to reduce United
States vulnerabilities and maximize points of leverage.
(B) ANALYSIS OF POTENTIAL EFFECTS.—The assessment
under subparagraph (A) shall include an analysis of the

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134 STAT. 2386

PUBLIC LAW 116–260—DEC. 27, 2020
potential effects of significant geopolitical shifts, including
those related to Taiwan.
(C) IDENTIFICATION OF OPPORTUNITIES FOR DIVERSIFICATION.—The assessment under subparagraph (A) shall also
identify opportunities for diversification of United States
supply chains, including an assessment of cost, challenges,
and opportunities to diversify manufacturing capabilities
on a multinational basis.
(3) COMPUTING POWER.—An assessment of trends relating
to computing power and the effect of such trends on global
artificial intelligence development and implementation, in consultation with the Director of the Intelligence Advanced
Research Projects Activity, the Director of the Defense
Advanced Research Projects Agency, and the Director of the
National Institute of Standards and Technology, including forward-looking assessments of how computing resources may
affect United States national security, innovation, and
implementation relating to artificial intelligence.
(c) REPORT.—
(1) DEFINITION OF APPROPRIATE COMMITTEES OF CONGRESS.—In this subsection, the term ‘‘appropriate committees
of Congress’’ means—
(A) the Select Committee on Intelligence, the Committee on Armed Services, the Committee on Banking,
Housing, and Urban Affairs, the Committee on Foreign
Relations, and the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(B) the Permanent Select Committee on Intelligence,
the Committee on Armed Services, the Committee on
Financial Services, the Committee on Foreign Affairs, and
the Committee on Homeland Security of the House of Representatives.
(2) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, the Director shall submit to
the appropriate committees of Congress a report on the findings
of the Director with respect to the assessment completed under
subsection (a).
(3) FORM.—The report submitted under paragraph (2) shall
be submitted in unclassified form, but may include a classified
annex.

SEC. 605. COMBATING CHINESE INFLUENCE OPERATIONS IN THE
UNITED STATES AND STRENGTHENING CIVIL LIBERTIES
PROTECTIONS.

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(a) UPDATES TO ANNUAL REPORTS ON INFLUENCE OPERATIONS
AND CAMPAIGNS IN THE UNITED STATES BY THE CHINESE COMMUNIST
PARTY.—Section 1107(b) of the National Security Act of 1947 (50
U.S.C. 3237(b)) is amended—
(1) by redesignating paragraph (8) as paragraph (9); and
(2) by inserting after paragraph (7) the following:
‘‘(8) An identification of influence activities and operations
employed by the Chinese Communist Party against the United
States science and technology sectors, specifically employees
of the United States Government, researchers, scientists, and
students in the science and technology sector in the United
States.’’.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2387

(b) PLAN FOR FEDERAL BUREAU OF INVESTIGATION TO INCREASE
PUBLIC AWARENESS AND DETECTION OF INFLUENCE ACTIVITIES BY
THE GOVERNMENT OF THE PEOPLE’S REPUBLIC OF CHINA.—
(1) PLAN REQUIRED.—Not later than 90 days after the date
of the enactment of this Act, the Director of the Federal Bureau
of Investigation shall submit to the congressional intelligence
committees a plan to increase public awareness of influence
activities by the Government of the People’s Republic of China.
(2) CONSULTATION.—In carrying out paragraph (1), the
Director shall consult with the following:
(A) The Director of the Office of Science and Technology
Policy.
(B) Such other stakeholders outside the intelligence
community, including professional associations, institutions
of higher education, businesses, and civil rights and multicultural organizations, as the Director determines relevant.
(c) RECOMMENDATIONS OF THE FEDERAL BUREAU OF INVESTIGATION TO STRENGTHEN RELATIONSHIPS AND BUILD TRUST WITH
COMMUNITIES OF INTEREST.—
(1) IN GENERAL.—The Director of the Federal Bureau of
Investigation, in consultation with the Assistant Attorney General for the Civil Rights Division and the Chief Privacy and
Civil Liberties Officer of the Department of Justice, shall
develop recommendations to strengthen relationships with
communities targeted by influence activities of the Government
of the People’s Republic of China and build trust with such
communities through local and regional grassroots outreach.
(2) SUBMITTAL TO CONGRESS.—Not later than 1 year after
the date of the enactment of this Act, the Director shall submit
to Congress the recommendations developed under paragraph
(1).
(d) TECHNICAL CORRECTIONS.—The National Security Act of
1947 (50 U.S.C. 3001 et seq.) is amended—
(1) in section 1107 (50 U.S.C. 3237)—
(A) in the section heading, by striking ‘‘communist party
of china’’ and inserting ‘‘chinese communist party’’; and
(B) by striking ‘‘Communist Party of China’’ both places
it appears and inserting ‘‘Chinese Communist Party’’; and
(2) in the table of contents before section 2 (50 U.S.C.
3002), by striking the item relating to section 1107 and
inserting the following new item:

Deadline.

Deadline.

‘‘Sec. 1107. Annual reports on influence operations and campaigns in the United
States by the Chinese Communist Party.’’.

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SEC. 606. ANNUAL REPORT ON CORRUPT ACTIVITIES OF SENIOR OFFICIALS OF THE CHINESE COMMUNIST PARTY.

(a) DEFINITION OF APPROPRIATE COMMITTEES OF CONGRESS.—
In this section, the term ‘‘appropriate committees of Congress’’
means—
(1) the Committee on Banking, Housing, and Urban Affairs,
the Committee on Finance, the Committee on Foreign Relations,
and the Select Committee on Intelligence of the Senate; and
(2) the Committee on Financial Services, the Committee
on Foreign Affairs, the Committee on Ways and Means, and
the Permanent Select Committee on Intelligence of the House
of Representatives.

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134 STAT. 2388

Assessment.

PUBLIC LAW 116–260—DEC. 27, 2020

(b) ANNUAL REPORT REQUIRED.—
(1) IN GENERAL.—Not later than 90 days after the date
of the enactment of this Act, and annually thereafter through
2025, the Director of the Central Intelligence Agency shall
submit to the appropriate committees of Congress a report
on the corruption and corrupt activities of senior officials of
the Chinese Communist Party.
(2) ELEMENTS.—
(A) IN GENERAL.—Each report under paragraph (1)
shall include the following:
(i) A description of the wealth of, and corruption
and corrupt activities among, senior officials of the
Chinese Communist Party.
(ii) A description of any recent actions of the officials described in clause (i) that could be considered
a violation, or potential violation, of United States
law.
(iii) A description and assessment of targeted
financial measures, including potential targets for designation of the officials described in clause (i) for the
corruption and corrupt activities described in that
clause and for the actions described in clause (ii).
(B) SCOPE OF REPORTS.—The first report under paragraph (1) shall include comprehensive information on the
matters described in subparagraph (A). Any succeeding
report under paragraph (1) may consist of an update or
supplement to the preceding report under that subsection.
(3) COORDINATION.—In preparing each report, update, or
supplement under this subsection, the Director of the Central
Intelligence Agency shall coordinate as follows:
(A) In preparing the description required by clause
(i) of paragraph (2)(A), the Director of the Central Intelligence Agency shall coordinate with the head of the Office
of Intelligence and Analysis of the Department of the
Treasury and the Director of the Federal Bureau of Investigation.
(B) In preparing the descriptions required by clauses
(ii) and (iii) of such paragraph, the Director of the Central
Intelligence Agency shall coordinate with the head of the
Office of Intelligence and Analysis of the Department of
the Treasury.
(4) FORM.—Each report under paragraph (1) shall include
an unclassified executive summary, and may include a classified
annex.
(c) SENSE OF CONGRESS.—It is the sense of Congress that
the United States should undertake every effort and pursue every
opportunity to expose the corruption and illicit practices of senior
officials of the Chinese Communist Party, including President Xi
Jinping.

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SEC. 607. REPORT ON CORRUPT ACTIVITIES OF RUSSIAN AND OTHER
EASTERN EUROPEAN OLIGARCHS.

(a) DEFINITION OF APPROPRIATE COMMITTEES OF CONGRESS.—
In this section, the term ‘‘appropriate committees of Congress’’
means—

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2389

(1) the Committee on Banking, Housing, and Urban Affairs,
the Committee on Finance, the Committee on Foreign Relations,
and the Select Committee on Intelligence of the Senate; and
(2) the Committee on Financial Services, the Committee
on Foreign Affairs, the Committee on Ways and Means, and
the Permanent Select Committee on Intelligence of the House
of Representatives.
(b) REPORT REQUIRED.—Not later than 100 days after the date
of the enactment of this Act, the Director of the Central Intelligence
Agency shall submit to the appropriate committees of Congress
and the Undersecretary of State for Public Diplomacy and Public
Affairs a report on the corruption and corrupt activities of Russian
and other Eastern European oligarchs.
(c) ELEMENTS.—
(1) IN GENERAL.—Each report under subsection (b) shall
include the following:
(A) A description of corruption and corrupt activities
among Russian and other Eastern European oligarchs who
support the Government of the Russian Federation,
including estimates of the total assets of such oligarchs.
(B) An assessment of the impact of the corruption
and corrupt activities described pursuant to subparagraph
(A) on the economy and citizens of Russia.
(C) A description of any connections to, or support
of, organized crime, drug smuggling, or human trafficking
by an oligarch covered by subparagraph (A).
(D) A description of any information that reveals
corruption and corrupt activities in Russia among oligarchs
covered by subparagraph (A).
(E) A description and assessment of potential sanctions
actions that could be imposed upon oligarchs covered by
subparagraph (A) who support the leadership of the
Government of Russia, including President Vladimir Putin.
(2) SCOPE OF REPORTS.—The first report under subsection
(a) shall include comprehensive information on the matters
described in paragraph (1). Any succeeding report under subsection (a) may consist of an update or supplement to the
preceding report under that subsection.
(d) COORDINATION.—In preparing each report, update, or
supplement under this section, the Director of the Central Intelligence Agency shall coordinate as follows:
(1) In preparing the assessment and descriptions required
by subparagraphs (A) through (D) of subsection (c)(1), the
Director of the Central Intelligence Agency shall coordinate
with the head of the Office of Intelligence and Analysis of
the Department of the Treasury and the Director of the Federal
Bureau of Investigation.
(2) In preparing the description and assessment required
by subparagraph (E) of such subsection, the Director of the
Central Intelligence Agency shall coordinate with the head
of the Office of Intelligence and Analysis of the Department
of the Treasury.
(e) FORM.—
(1) IN GENERAL.—Subject to paragraph (2), each report
under subsection (b) shall include an unclassified executive
summary, and may include a classified annex.

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Assessment.

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134 STAT. 2390

PUBLIC LAW 116–260—DEC. 27, 2020
(2) UNCLASSIFIED FORM OF CERTAIN INFORMATION.—The
information described in subsection (c)(1)(D) in each report
under subsection (b) shall be submitted in unclassified form.

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SEC. 608. REPORT ON BIOSECURITY RISK AND DISINFORMATION BY
THE CHINESE COMMUNIST PARTY AND THE GOVERNMENT OF THE PEOPLE’S REPUBLIC OF CHINA.

(a) DEFINITIONS.—In this section:
(1) APPROPRIATE COMMITTEES OF CONGRESS.—The term
‘‘appropriate committees of Congress’’ means—
(A) the Select Committee on Intelligence, the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Health, Education, Labor, and
Pensions, and the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(B) the Permanent Select Committee on Intelligence,
the Committee on Armed Services, the Committee on
Energy and Commerce, the Committee on Foreign Affairs,
and the Committee on Homeland Security of the House
of Representatives.
(2) CRITICAL INFRASTRUCTURE.—The term ‘‘critical infrastructure’’ has the meaning given such term in section 1016(e)
of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA
PATRIOT ACT) Act of 2001 (42 U.S.C. 5195c(e)).
(b) REPORT REQUIRED.—Not later than 90 days after the date
of the enactment of this Act, the Director of National Intelligence
shall submit to the appropriate committees of Congress a report
identifying whether and how officials of the Chinese Communist
Party and the Government of the People’s Republic of China may
have sought—
(1) to suppress information about—
(A) the outbreak of the novel coronavirus in Wuhan;
(B) the spread of the virus through China; and
(C) the transmission of the virus to other countries;
(2) to spread disinformation relating to the pandemic; or
(3) to exploit the pandemic to advance their national security interests.
(c) ASSESSMENTS.—The report required by subsection (b) shall
include assessments of reported actions and the effect of those
actions on efforts to contain the novel coronavirus pandemic,
including each of the following:
(1) The origins of the novel coronavirus outbreak, the time
and location of initial infections, and the mode and speed of
early viral spread.
(2) Actions taken by the Government of China to suppress,
conceal, or misinform the people of China and those of other
countries about the novel coronavirus outbreak in Wuhan.
(3) The effect of disinformation or the failure of the Government of China to fully disclose details of the outbreak on
response efforts of local governments in China and other countries.
(4) Diplomatic, political, economic, intelligence, or other
pressure on other countries and international organizations
to conceal information about the spread of the novel coronavirus
and the response of the Government of China to the contagion,

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2391

as well as to influence or coerce early responses to the pandemic
by other countries.
(5) Efforts by officials of the Government of China to deny
access to health experts and international health organizations
to afflicted individuals in Wuhan, pertinent areas of the city,
or laboratories of interest in China, including the Wuhan
Institute of Virology.
(6) Efforts by the Government of China, or those acting
at its direction or with its assistance, to conduct cyber operations against international, national, or private health
organizations conducting research relating to the novel
coronavirus or operating in response to the pandemic.
(7) Efforts to control, restrict, or manipulate relevant segments of global supply chains, particularly in the sale, trade,
or provision of relevant medicines, medical supplies, or medical
equipment as a result of the pandemic.
(8) Efforts to advance the economic, intelligence, national
security, and political objectives of the Government of China
by exploiting vulnerabilities of foreign governments, economies,
and companies under financial duress as a result of the pandemic or to accelerate economic espionage and intellectual property theft.
(9) Efforts to exploit the disruption of the pharmaceutical
and telecommunications industries as well as other industries
tied to critical infrastructure and bilateral trade between China
and the United States and between China and allies and partners of the United States in order to advance the economic
and political objectives of the Government of China following
the pandemic.
(d) FORM.—The report required under subsection (b) shall be
submitted in unclassified form, but may include a classified annex.

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SEC. 609. REPORT ON EFFECT OF LIFTING OF UNITED NATIONS ARMS
EMBARGO ON ISLAMIC REPUBLIC OF IRAN.

(a) DEFINITION OF APPROPRIATE COMMITTEES OF CONGRESS.—
In this section, the term ‘‘appropriate committees of Congress’’
means—
(1) the Select Committee on Intelligence, the Committee
on Armed Services, and the Committee on Foreign Relations
of the Senate; and
(2) the Permanent Select Committee on Intelligence, the
Committee on Armed Services, and the Committee on Foreign
Affairs of the House of Representatives.
(b) REPORT REQUIRED.—Not later than 90 days after the date
of the enactment of this Act, the Director of the Defense Intelligence
Agency, in consultation with such heads of other elements of the
intelligence community as the Director considers appropriate, shall
submit to the appropriate committees of Congress a report on—
(1) the plans of the Government of the Islamic Republic
of Iran to acquire military arms if the ban on arms transfers
to or from such government under United Nations Security
Council resolutions are lifted; and
(2) the effect such arms acquisitions may have on regional
security and stability.
(c) CONTENTS.—The report submitted under subsection (b) shall
include assessments relating to plans of the Government of the
Islamic Republic of Iran to acquire additional weapons, the intention

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134 STAT. 2392

PUBLIC LAW 116–260—DEC. 27, 2020

of other countries to provide such weapons, and the effect such
acquisition and provision would have on regional stability, including
with respect to each of the following:
(1) The type and quantity of weapon systems under consideration for acquisition.
(2) The countries of origin of such systems.
(3) Likely reactions of other countries in the region to
such acquisition, including the potential for proliferation by
other countries in response.
(4) The threat that such acquisition could present to international commerce and energy supplies in the region, and the
potential implications for the national security of the United
States.
(5) The threat that such acquisition could present to the
Armed Forces of the United States, of countries allied with
the United States, and of countries partnered with the United
States stationed in or deployed in the region.
(6) The potential that such acquisition could be used to
deliver chemical, biological, or nuclear weapons.
(7) The potential for the Government of the Islamic
Republic of Iran to proliferate weapons acquired in the absence
of an arms embargo to regional groups, including Shi’a militia
groups backed by such government.
(d) FORM.—The report submitted under subsection (b) shall
be submitted in unclassified form, but may include a classified
annex.
SEC. 610. REPORT ON IRANIAN ACTIVITIES RELATING TO NUCLEAR
NONPROLIFERATION.

Assessments.

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(a) DEFINITION OF APPROPRIATE COMMITTEES OF CONGRESS.—
In this section, the term ‘‘appropriate committees of Congress’’
means—
(1) the Select Committee on Intelligence, the Committee
on Armed Services, and the Committee on Foreign Relations
of the Senate; and
(2) the Permanent Select Committee on Intelligence, the
Committee on Armed Services, and the Committee on Foreign
Affairs of the House of Representatives.
(b) REPORT REQUIRED.—Not later than 90 days after the date
of the enactment of this Act, the Director of National Intelligence
shall submit to the appropriate committees of Congress a report
assessing—
(1) any relevant activities potentially relating to nuclear
weapons research and development by the Islamic Republic
of Iran; and
(2) any relevant efforts to afford or deny international
access in accordance with international nonproliferation agreements.
(c) ASSESSMENTS.—The report required by subsection (b) shall
include assessments, for the period beginning on January 1, 2018,
and ending on the date of the submittal of the report, of the
following:
(1) Activities to research, develop, or enrich uranium or
reprocess plutonium with the intent or capability of creating
weapons-grade nuclear material.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2393

(2) Research, development, testing, or design activities that
could contribute to or inform construction of a device intended
to initiate or capable of initiating a nuclear explosion.
(3) Efforts to receive, transmit, store, destroy, relocate,
archive, or otherwise preserve research, processes, products,
or enabling materials relevant or relating to any efforts
assessed under paragraph (1) or (2).
(4) Efforts to afford or deny international access, in accordance with international nonproliferation agreements, to locations, individuals, and materials relating to activities described
in paragraph (1), (2), or (3).
(d) FORM.—The report required under subsection (b) shall be
submitted in unclassified form, but may include a classified annex.

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SEC. 611. ANNUAL REPORTS ON SECURITY SERVICES OF THE PEOPLE’S
REPUBLIC OF CHINA IN THE HONG KONG SPECIAL
ADMINISTRATIVE REGION.

(a) FINDING.—Congress finds that the National People’s Congress of the People’s Republic of China promulgated the Law of
the People’s Republic of China on Safeguarding National Security
in the Hong Kong Special Administrative Region on June 30, 2020.
(b) REPORTS.—Title XI of the National Security Act of 1947
(50 U.S.C. 3231 et seq.), is amended by inserting after section
1107 the following new section:

50 USC 3237a
note.

‘‘SEC. 1107A. ANNUAL REPORTS ON SECURITY SERVICES OF THE PEOPLE’S REPUBLIC OF CHINA IN THE HONG KONG SPECIAL
ADMINISTRATIVE REGION.

50 USC 3237a.

‘‘(a) DEFINITIONS.—In this section:
‘‘(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘appropriate congressional committees’ means—
‘‘(A) the congressional intelligence committees;
‘‘(B) the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and
‘‘(C) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives.
‘‘(2) CHINESE SECURITY SERVICES.—The term ‘Chinese security services’ means—
‘‘(A) the security services of the Government of the
People’s Republic of China, including the Ministry of State
Security and the Ministry of Public Security; and
‘‘(B) any known front organizations or aliases associated with such security services, including officers associated with the national security division of the Hong Kong
Police Force and other officers of the Hong Kong Police
Force selected by the Committee for Safeguarding National
Security to work on matters relating to national security.
‘‘(b) REQUIREMENT.—On an annual basis through 2047, the
Director of National Intelligence shall submit to the appropriate
congressional committees a report on the presence and activities
of Chinese security services operating within the Hong Kong Special
Administrative Region.
‘‘(c) CONTENTS.—Each report under subsection (b) shall include,
with respect to the year covered by the report, the following:
‘‘(1) Identification of the approximate number of personnel
affiliated with Chinese security services operating within the
Hong Kong Special Administrative Region, including a breakdown of such personnel by the specific security service and

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Assessments.

Overview.

List.

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the division of the security service, and (to the extent possible)
an identification of any such personnel associated with the
national security division of the Hong Kong Police Force.
‘‘(2) A description of the command and control structures
of such security services, including information regarding the
extent to which such security services are controlled by the
Government of the Hong Kong Special Administrative Region
or the Government of the People’s Republic of China.
‘‘(3) A description of the working relationship and coordination mechanisms of the Chinese security services with the
police force of the Hong Kong Special Administrative Region.
‘‘(4) A description of the activities conducted by Chinese
security services operating within the Hong Kong Special
Administrative Region, including—
‘‘(A) information regarding the extent to which such
security services, and officers associated with the national
security division of the Hong Kong Police Force, are
engaged in frontline policing, serving in advisory and
assistance roles, or both;
‘‘(B) an assessment of the likelihood of such security
services conducting renditions of individuals from the Hong
Kong Special Administrative Region to China and a listing
of every known individual subject to such rendition during
the year covered by the report; and
‘‘(C) an assessment of how such activities conducted
by Chinese security services contribute to self-censorship
and corruption within the Hong Kong Special Administrative Region.
‘‘(5) A discussion of the doctrine and tactics employed by
Chinese security services operating within the Hong Kong Special Administrative Region, including an overview of the extent
to which such security services employ surveillance, detection,
and control methods, including ‘high-tech’ policing models and
‘preventative policing tactics’, that are consistent with the rise
of digital authoritarianism, and used in a manner similar to
methods used in the Xinjiang region of China.
‘‘(6) An overview of the funding for Chinese security services operating within the Hong Kong Special Administrative
Region, including an assessment of the extent to which funding
is drawn locally from the Hong Kong Special Administrative
Region Government or from the Government of China.
‘‘(7) A discussion of the various surveillance technologies
used by security services operating within the Hong Kong Special Administrative Region, including—
‘‘(A) a list of the key companies that provide such
technologies; and
‘‘(B) an assessment of the degree to which such technologies can be accessed by Chinese security services operating within the Hong Kong Special Administrative Region.
‘‘(d) COORDINATION.—In carrying out subsection (b), the Director
shall coordinate with the Director of the Central Intelligence
Agency, the Director of the National Security Agency, the Director
of the Defense Intelligence Agency, the Director of the National
Geospatial-Intelligence Agency, the Assistant Secretary of State
for the Bureau of Intelligence and Research, and any other relevant
head of an element of the intelligence community.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2395

‘‘(e) FORM.—Each report submitted to the appropriate congressional committees under subsection (b) shall be submitted in
unclassified form, but may include a classified annex.’’.
(c) CLERICAL AMENDMENT.—The table of contents in the first
section of the National Security Act of 1947 is amended by inserting
after the item relating to section 1107 the following new item:
‘‘Sec. 1107A. Annual reports on security services of the People’s Republic of China
in the Hong Kong Special Administrative Region.’’.

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SEC. 612. RESEARCH PARTNERSHIP ON ACTIVITIES OF PEOPLE’S
REPUBLIC OF CHINA.

(a) RESEARCH PARTNERSHIP.—
(1) REQUIREMENT.—Not later than 180 days after the date
of the enactment of this Act, the Director of the National
Geospatial-Intelligence Agency shall seek to enter into a partnership with an academic or non-profit research institution
to—
(A) carry out joint unclassified geospatial intelligence
analyses of the activities of the People’s Republic of China
that pose risks to the national security interests of the
United States; and
(B) make available on a publicly available internet
website unclassified geospatial intelligence products
relating to such analyses.
(2) ELEMENTS.—The Director shall ensure that the activities of China analyzed under paragraph (1)(A) include the following:
(A) Any notable developments relating to the global
activities of the People’s Liberation Army Ground Force,
the People’s Liberation Army Navy, the People’s Liberation
Army Air Force, the People’s Liberation Army Rocket Force,
the People’s Liberation Army Strategic Support Force, and
the Chinese People’s Armed Police Force Coast Guard
Corps.
(B) Infrastructure projects associated with the ‘‘One
Belt, One Road’’ Initiative.
(C) Maritime land reclamation activities conducted by
China in the South China Sea, the Indian Ocean region,
and the broader maritime commons.
(D) Matters relevant to global public health and climate
security, including—
(i) indications and warnings of disease outbreaks
with pandemic potential;
(ii) the activities of China likely contributing to
climate change; and
(iii) any environmental degradation directly
resulting from the practices of China.
(3) CONSORTIUM.—In carrying out paragraph (1), the
Director may enter into a partnership with—
(A) one research institution; or
(B) a consortium of research institutions if the Director
determines that the inclusion of multiple institutions will
result in more effective research conducted pursuant to
this section or improve the outcomes of such research.

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50 USC 3045
note.

Public
information.
Web posting.

Determination.

PUBL260B

134 STAT. 2396

Consultation.

Determination.

Public
information.

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(4) DURATION.—The Director shall carry out a partnership
under this section for a period that is not less than 10 years
following the date of the enactment of this Act.
(5) IMPROVEMENTS TO PARTNERSHIP.—The Director may
modify the partnership under paragraph (1) or select a new
research institution with which to enter into such a partnership
if—
(A) the Director consults with the congressional intelligence committees with respect to the proposed modified
or new partnership;
(B) the modified or new partnership is carried out
in accordance with this section; and
(C) the Director determines that the modified or new
partnership will result in more effective research conducted
pursuant to this section or improve the outcomes of such
research.
(b) OPEN-SOURCE DATA.—
(1) IDENTIFICATION AND PUBLICATION.—During the life of
the partnership under subsection (a), the Director shall regularly—
(A) identify raw, unclassified geospatial data that could
improve the research conducted under the partnership if
the data was made publicly available; and
(B) make such data publicly available.
(2) CONSULTATION.—The Director shall carry out paragraph
(1) in consultation with the research institution or consortium
of research institutions involved with the partnership under
subsection (a).
(c) BRIEFINGS.—Not later than 270 days after the date of the
enactment of this Act, and annually thereafter during the life
of the partnership under subsection (a), the Director shall provide
to the appropriate congressional committees a briefing on the partnership. Each such briefing shall include the following:
(1) The outcomes of research conducted under the partnership.
(2) Identification of the actions that have been taken to
increase the quantity and quality of unclassified geospatial
analysis products made publicly available under the partnership, including the quantity and types of raw data the partnership has made publicly available.
(3) Identification of actual and projected costs to carry
out the partnership.
(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’
means—
(1) the congressional intelligence committees;
(2) Committee on Foreign Relations and the Subcommittee
on Defense of the Committee on Appropriations of the Senate;
and
(3) Committee on Foreign Affairs and the Subcommittee
on Defense of the Committee on Appropriations of the House
of Representatives.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2397

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SEC. 613. REPORT ON THE PHARMACEUTICAL AND PERSONAL PROTECTIVE EQUIPMENT REGULATORY PRACTICES OF THE PEOPLE’S REPUBLIC OF CHINA.

(a) REPORT.—Not later than 120 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the appropriate congressional committees a report on—
(1) the pharmaceutical and personal protective equipment
regulatory practices of the People’s Republic of China; and
(2) the effects of such practices on the national security
of the United States.
(b) CONTENTS.—The report under subsection (a) shall include
the following:
(1) An assessment of the quantity of active pharmaceutical
ingredients produced annually within China.
(2) An estimate of the percentage of active pharmaceutical
ingredients produced globally that originate in China.
(3) A description of the National Medical Products Administration of China, including with respect to—
(A) the roles and responsibilities of the Administration;
(B) the organizational structure of the Administration;
and
(C) any affiliated institutions of the National Medical
Products Administration.
(4) An assessment of the capacity of the National Medical
Products Administration to effectively develop safety standards,
efficacy standards, and any other relevant standards concerning
the production of active pharmaceutical ingredients and
pharmaceutical drugs.
(5) An assessment of the capacity of the National Medical
Products Administration to enforce standards on the production
and distribution of active pharmaceutical ingredients and
pharmaceutical drugs.
(6) An overview of qualitative disparities between active
pharmaceutical ingredients and pharmaceutical drugs approved
by the National Medical Products Administration and similar
drugs subject to regulatory oversight and approval in the markets of the member states of the Organisation for Economic
Co-operation and Development.
(7) An assessment of the qualitative disparities between
the standards and enforcement practices of the National Medical Products Administration on the production and distribution
of active pharmaceutical ingredients and pharmaceutical drugs
and the good manufacturing practice guidelines issued by the
International Council for Harmonization of Technical Requirements for Pharmaceuticals for Human Use.
(8) An assessment of the susceptibility of the National
Medical Products Administration, the subordinate organizations
of the National Medical Products Administration, and other
associated personnel to engage in corrupt practices, particularly
practices that relate to assessing the safety of pharmaceutical
ingredients and other pharmaceutical drugs within the
authority of the National Medical Products Administration.
(9) An assessment of the national security risks associated
with the reliance by the United States on pharmaceutical
ingredients and pharmaceutical drugs originating in China,
including an assessment of how and whether China could leverage its production of certain pharmaceutical ingredients as

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134 STAT. 2398

PUBLIC LAW 116–260—DEC. 27, 2020

a means to coerce the United States or the partners and allies
of the United States.
(10) An assessment of the percentage of personal protective
equipment produced globally that originates in China.
(11) An assessment of the national security risks associated
with any reliance by the United States on personal protective
equipment originating in China, including an assessment of
how and whether China could leverage its production of personal protective equipment as a means to coerce the United
States or the partners and allies of the United States.
(c) COORDINATION.—In carrying out subsection (a), the Director
shall coordinate with the Director of the Central Intelligence
Agency, the Director of the National Security Agency, the Director
of the Defense Intelligence Agency, the Director of the National
Geospatial-Intelligence Agency, and any other relevant head of an
element of the intelligence community as well as the Commissioner
of the Food and Drug Administration.
(d) FORM.—The report submitted to the appropriate congressional committees under subsection (a) shall be submitted in
unclassified form, but may include a classified annex.
(e) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’
means—
(1) the congressional intelligence committees;
(2) the Committee on Foreign Affairs and the Committee
on Energy and Commerce of the House of Representatives;
and
(3) the Committee on Foreign Relations and the Committee
on Finance of the Senate.
SEC. 614. NATIONAL INTELLIGENCE ESTIMATE ON SITUATION IN
AFGHANISTAN.

Assessment.

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Deadline.

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(a) REQUIREMENT.—The Director of National Intelligence, acting
through the National Intelligence Council, shall produce a National
Intelligence Estimate on the situation in Afghanistan.
(b) MATTERS.—The National Intelligence Estimate produced
under subsection (a) shall include an assessment of the prospects
of a durable intra-Afghan settlement of the conflict in Afghanistan
that leads to—
(1) a permanent ceasefire and sustained reduction in
violence;
(2) a verifiable break between the Taliban and al-Qaeda;
(3) verifiable cooperation by the Taliban in efforts against
al-Qaeda, the Islamic State of Iraq and the Levant Khorasan,
and associated international terrorists the intelligence community determines are active in Afghanistan and pose a threat
to the United States homeland or United States interests
abroad; and
(4) sustainment of the social and human rights progress
achieved by Afghan women and girls since 2001.
(c) SUBMISSION TO CONGRESS.—
(1) SUBMISSION.—Not later than February 1, 2021, the
Director shall submit to the congressional intelligence committees the National Intelligence Estimate produced under subsection (a), including all intelligence reporting underlying the
Estimate.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2399

(2) NOTICE REGARDING SUBMISSION.—If before February 1,
2021, the Director determines that the National Intelligence
Estimate produced under subsection (a) cannot be submitted
by such date, the Director shall (before such date)—
(A) submit to the congressional intelligence committees
a report setting forth the reasons why the National Intelligence Estimate cannot be submitted by such date and
an estimated date for the submission of the National Intelligence Estimate; and
(B) testify before the congressional intelligence committees on the issues that will be covered by the National
Intelligence Estimate.
(3) FORM.—The National Intelligence Estimate shall be
submitted under paragraph (1) in classified form.
(d) PUBLIC VERSION.—Consistent with the protection of intelligence sources and methods, at the same time as the Director
submits to the congressional intelligence committees the National
Intelligence Estimate under subsection (c), the Director shall make
publicly available on the internet website of the Director an
unclassified version of the key findings of the National Intelligence
Estimate.

Deadline.
Determination.

Web posting.

SEC. 615. ASSESSMENT REGARDING TENSIONS BETWEEN ARMENIA
AND AZERBAIJAN.

(a) ASSESSMENT REQUIRED.—Not later than 90 days after the
date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees
a written assessment regarding tensions between the governments
of Armenia and Azerbaijan, including with respect to the status
of the Nagorno-Karabakh region. Such assessment shall include
each of the following:
(1) An identification of the strategic interests of the United
States and its partners in the Armenia-Azerbaijan region.
(2) A description of all significant uses of force in and
around the Nagorno-Karabakh region and the border between
Armenia and Azerbaijan during calendar year 2020, including
a description of each significant use of force and an assessment
of who initiated the use of such force.
(3) An assessment of the effect of United States military
assistance to Azerbaijan and Armenia on the regional balance
of power and the likelihood of further use of military force.
(4) An assessment of the likelihood of any further uses
of force or potentially destabilizing activities in the region in
the near- to medium-term.
(b) FORM OF ASSESSMENT.—The assessment required under
this section shall be submitted in unclassified form, but may contain
a classified annex.

Deadline.

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SEC. 616. SENSE OF CONGRESS ON THIRD OPTION FOUNDATION.

It is the sense of the Congress that—
(1) the work of the Third Option Foundation to heal, help,
and honor members of the special operations community of
the Central Intelligence Agency and their families is invaluable;
and
(2) the Director of the Central Intelligence Agency should
work closely with the Third Option Foundation in implementing
section 19A of the Central Intelligence Agency Act of 1949
(50 U.S.C. 3519b), as added by section 6412 of the Damon

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134 STAT. 2400

PUBLIC LAW 116–260—DEC. 27, 2020
Paul Nelson and Matthew Young Pollard Intelligence
Authorization Act for Fiscal Years 2018, 2019, and 2020 (Public
Law 116–92).

SEC. 617. ANNUAL REPORTS ON WORLDWIDE THREATS.

(a) IN GENERAL.—Title I of the National Security Act of 1947
(50 U.S.C. 3021 et seq.) is amended by inserting after section
108A the following new section:
50 USC 3043b.

‘‘SEC. 108B. ANNUAL REPORTS ON WORLDWIDE THREATS.

‘‘(a) DEFINITION OF APPROPRIATE CONGRESSIONAL COMMITthis section, the term ‘appropriate congressional committees’ means—
‘‘(1) the congressional intelligence committees; and
‘‘(2) the Committees on Armed Services of the House of
Representatives and the Senate.
‘‘(b) ANNUAL REPORTS.—Not later than the first Monday in
February 2021, and each year thereafter, the Director of National
Intelligence, in coordination with the heads of the elements of
the intelligence community, shall submit to the appropriate congressional committees a report containing an assessment of the intelligence community with respect to worldwide threats to the national
security of the United States.
‘‘(c) FORM.—Each report under subsection (b) shall be submitted
in unclassified form, but may include a classified annex only for
the protection of intelligence sources and methods relating to the
matters contained in the report.
‘‘(d) HEARINGS.—
‘‘(1) OPEN HEARINGS.—Upon request by the appropriate
congressional committees, the Director (and any other head
of an element of the intelligence community determined appropriate by the committees in consultation with the Director)
shall testify before such committees in an open setting
regarding a report under subsection (b).
‘‘(2) CLOSED HEARINGS.—Any information that may not be
disclosed during an open hearing under paragraph (1) in order
to protect intelligence sources and methods may instead be
discussed in a closed hearing that immediately follows such
open hearing.’’.
(b) CLERICAL AMENDMENT.—The table of contents at the beginning of such Act is amended by inserting after the item relating
to section 108A the following new item:
TEES.—In

Coordination.

Consultation.
Testimony.

‘‘Sec. 108B. Annual reports on world-wide threats.’’.

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SEC.

618.

ANNUAL REPORT
COUNCIL.

ON

CLIMATE

SECURITY

ADVISORY

Section 120 of the National Security Act of 1947 (50 U.S.C.
3060), as amended by section 405, is further amended—
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new subsection (d):
‘‘(d) ANNUAL REPORT.—Not later than January 31, 2021, and
not less frequently than annually thereafter, the chair of the Council
shall submit, on behalf of the Council, to the congressional intelligence committees a report describing the activities of the Council
as described in subsection (c) during the year preceding the year
during which the report is submitted.’’.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2401

SEC. 619. IMPROVEMENTS TO FUNDING FOR NATIONAL SECURITY EDUCATION PROGRAM.

(a) FUNDING FOR SCHOLARSHIP, FELLOWSHIP, AND GRANT
GRAMS.—Section 810 of the David L. Boren National Security

PROEdu-

cation Act of 1991 (50 U.S.C. 1910) is amended—
(1) in subsection (c), by striking ‘‘for each fiscal year, beginning with fiscal year 2005,’’ and inserting ‘‘for each of fiscal
years 2005 through 2021’’; and
(2) by adding at the end the following new subsection:
‘‘(d) FISCAL YEARS BEGINNING WITH FISCAL YEAR 2022.—In
addition to amounts that may be made available to the Secretary
under the Fund for a fiscal year, there is authorized to be appropriated to the Secretary for each fiscal year, beginning with fiscal
year 2022, $8,000,000, to carry out the scholarship, fellowship,
and grant programs under subparagraphs (A), (B), and (C), respectively, of section 802(a)(1).’’.
(b) FUNDING FOR NATIONAL FLAGSHIP LANGUAGE INITIATIVE.—
Section 811 of such Act (50 U.S.C. 1911) is amended—
(1) in subsection (a), by striking ‘‘ $10,000,000’’ and
inserting ‘‘ $16,000,000’’; and
(2) in subsection (b), by striking ‘‘for each fiscal year, beginning with fiscal year 2005,’’ and inserting ‘‘for each of fiscal
years 2005 through 2021’’.
(c) FUNDING FOR SCHOLARSHIP PROGRAM FOR ADVANCED
ENGLISH LANGUAGE STUDIES.—Section 812 of the David L. Boren
National Security Education Act of 1991 (50 U.S.C. 1912) is
amended—
(1) in subsection (a), by striking ‘‘for each fiscal year, beginning with fiscal year 2005,’’ and inserting ‘‘for each of fiscal
years 2005 through 2021’’;
(2) by redesignating subsection (b) as subsection (c);
(3) by inserting after subsection (a) the following new subsection (b):
‘‘(b) FISCAL YEARS BEGINNING WITH FISCAL YEAR 2022.—In
addition to amounts that may be made available to the Secretary
under the Fund for a fiscal year, there is authorized to be appropriated to the Secretary for each fiscal year, beginning with fiscal
year 2022, $2,000,000, to carry out the scholarship programs for
English language studies by certain heritage community citizens
under section 802(a)(1)(E).’’; and
(4) in subsection (c), as so redesignated, by striking ‘‘subsection (a)’’ and inserting ‘‘this section’’.

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SEC. 620. REPORT ON BEST PRACTICES TO PROTECT PRIVACY, CIVIL
LIBERTIES, AND CIVIL RIGHTS OF CHINESE AMERICANS.

(a) REPORT.—Section 5712 of the Damon Paul Nelson and Matthew Young Pollard Intelligence Authorization Act for Fiscal Years
2018, 2019, and 2020 (Public Law 116–92; 133 Stat. 2171) is—
(1) transferred to title XI of the National Security Act
of 1947 (50 U.S.C. 3231 et seq.);
(2) inserted after section 1109 of such title, as added by
section 308;
(3) redesignated as section 1110; and
(4) amended—
(A) in the heading, by striking ‘‘and civil liberties’’ and
inserting ‘‘, civil liberties, and civil rights’’; and
(B) in subsection (b)—

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134 STAT. 2402

PUBLIC LAW 116–260—DEC. 27, 2020

(i) in the matter preceding paragraph (1) by
striking ‘‘Not later than 180 days after the date of
the enactment of this Act,’’ and inserting ‘‘On an
annual basis,’’; and
(ii) by striking ‘‘and civil liberties’’, each place it
appears and inserting ‘‘, civil liberties, and civil rights’’.
(b) CLERICAL AMENDMENT.—The table of contents at the beginning of the National Security Act of 1947 is amended by inserting
after the item relating to section 1109, as added by section 308,
the following new item:
‘‘Sec. 1110. Report on best practices to protect privacy, civil liberties, and civil
rights of Chinese Americans.’’.
SEC. 621. NATIONAL INTELLIGENCE ESTIMATE ON THREAT OF GLOBAL
PANDEMIC DISEASE.

(a) NATIONAL INTELLIGENCE ESTIMATE.—
(1) REQUIREMENT.—The Director of National Intelligence,
acting through the National Intelligence Council, shall produce
a National Intelligence Estimate on the threat of global pandemic disease, including with respect to the following:
(A) An assessment of the possible courses of the
COVID–19 pandemic during the 18 months following the
date of the Estimate, including—
(i) the projected spread of COVID–19 outside the
United States and the likelihood of subsequent major
outbreaks;
(ii) the capacity of countries and international
organizations to combat the further spread of COVID–
19, including risks and opportunities for further global
cooperation; and
(iii) the risks to the national security and health
security of the United States if COVID–19 is not contained abroad.
(B) An assessment of the global public health system
and the responses of the system to the COVID–19 pandemic, including—
(i) prospects for an effective global disease surveillance and response system, opportunities to advance
the development of such a system, and signposts for
evaluating whether or not an effective system has been
developed before a disease outbreak occurs; and
(ii) an assessment of global health system capacity.
(C) An assessment of—
(i) the humanitarian and economic implications
of the COVID–19 pandemic; and
(ii) the consequences of the COVID–19 pandemic
with respect to political stability, armed conflict,
democratization, and the global leadership by the
United States of the post-World War II international
system.
(D) An assessment of—
(i) likely threats by global pandemic diseases
during the 10-year period following the date of the
Estimate;
(ii) global readiness to avert a future global pandemic;

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Assessments.

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134 STAT. 2403

(iii) challenges and opportunities for the policy
of the United States to advance global pandemic
preparedness; and
(iv) the potential role of non-state and state-backed
global influence activities or disinformation campaigns
involving COVID–19 or future potential global
pandemics.
(E) Any other matters the Director determines appropriate.
(2) SUBMISSION TO CONGRESS.—
(A) SUBMISSION.—Not later than 90 days after the
date of the enactment of this Act, the Director shall submit
to the Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on
Intelligence of the Senate the National Intelligence Estimate produced under paragraph (1), including all intelligence reporting underlying the Estimate.
(B) NOTICE REGARDING SUBMISSION.—If before the end
of the 90-day period specified in subparagraph (A) the
Director determines that the National Intelligence Estimate under paragraph (1) cannot be submitted by the
end of that period, the Director shall (before the end of
that period)—
(i) submit to the Permanent Select Committee on
Intelligence of the House of Representatives and the
Select Committee on Intelligence of the Senate a report
setting forth—
(I) the reasons why the National Intelligence
Estimate cannot be submitted by the end of that
period; and
(II) an estimated date for the submission of
the National Intelligence Estimate; and
(ii) testify before such committees on the issues
that will be covered by the National Intelligence Estimate.
(C) FORM.—The National Intelligence Estimate shall
be submitted under subparagraph (A) in classified form.
(3) PUBLIC VERSION.—Consistent with the protection of
intelligence sources and methods, at the same time as the
Director submits to the congressional intelligence committees
the National Intelligence Estimate under paragraph (2), the
Director shall make publicly available on the internet website
of the Director, an unclassified version of the National Intelligence Estimate.
(4) CONSULTATION.—The Director shall prepare the
National Intelligence Estimate under paragraph (1) in consultation with the Secretary of Health and Human Services, the
Director of the Centers for Disease Control and Prevention,
the Secretary of State, and any other head of an element
of the Federal Government the Director of National Intelligence
determines appropriate.
(b) FUTURE PANDEMIC PLAN.—
(1) REQUIREMENT.—Not later than 90 days after the date
of the enactment of this Act, the President shall make publicly
available on the internet website of the President a report
containing a whole-of-government plan for an effective response

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Deadline.

Determination.

Testimony.

Classified
information.
Web posting.

President.
Public
information.
Web posting.
Reports.

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134 STAT. 2404

PUBLIC LAW 116–260—DEC. 27, 2020

to subsequent major outbreaks of the COVID–19 pandemic
and for other future global pandemic diseases.
(2) MATTERS INCLUDED.—The plan under paragraph (1)
shall address how to improve the following:
(A) Pandemic planning.
(B) Homeland preparedness.
(C) International disease surveillance.
(D) Diagnostic testing.
(E) Contact tracing.
(F) The role of the Federal Government with respect
to the regulation, acquisition, and disbursement, of medical
supplies and other public health resources necessary to
respond to COVID–19 or other diseases with pandemic
potential (including diagnostic testing equipment, biomedical equipment, drugs and medicines, and hygiene
equipment).
(G) The procurement and distribution of personal
protective equipment.
(H) Early domestic response to future global pandemic
diseases in the United States.
(c) GLOBAL STRATEGY.—Not later than 90 days after the date
of the enactment of this Act, the President, in coordination with
the Director of National Intelligence, shall make publicly available
on the internet website of the President a report containing a
global strategy for mobilizing international institutions to combat
the COVID–19 pandemic.

President.
Coordination.
Public
information.
Web posting.
Reports.

SEC. 622. MODIFICATION OF REQUIREMENT FOR BRIEFINGS ON
NATIONAL SECURITY EFFECTS OF EMERGING INFECTIOUS DISEASE AND PANDEMICS.

Section 6722(b)(2) of the Damon Paul Nelson and Matthew
Young Pollard Intelligence Authorization Act for Fiscal Years 2018,
2019, and 2020 (division E of Public Law 116–98) is amended—
(1) in the paragraph heading, by striking ‘‘QUINQUENNIAL’’
and inserting ‘‘ANNUAL’’;
(2) by striking ‘‘beginning on the date that is 5 years
after the date on which the Director submits the report under
paragraph (1), and every 5 years thereafter’’ and inserting
‘‘not later than January 31, 2021, and annually thereafter’’;
and
(3) by inserting ‘‘required under paragraph (1)’’ before the
period at the end.

50 USC 3024
note.

SEC. 623. INDEPENDENT STUDY ON OPEN-SOURCE INTELLIGENCE.
Contracts.

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(a) STUDY.—The Director of National Intelligence shall seek
to enter into an agreement with a federally funded research and
development center or a nongovernmental entity to conduct a comprehensive study on the future of the collection, processing, exploitation, analysis, dissemination, and evaluation of open-source intelligence by the intelligence community. The Director shall select
such entity in consultation with the congressional intelligence
committees.
(b) MATTERS INCLUDED.—The study under subsection (a) shall
include the following:
(1) Recommendations with respect to the governance of
open-source intelligence within the intelligence community,
including regarding—

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134 STAT. 2405

(A) whether such governance of open-source intelligence should be assigned to a functional manager or
an executive agent, or use another governance structure;
(B) which official of the intelligence community should
serve as such a functional manager, executive agent, or
the leader of such other governance structure, and what
authorities the official should have in serving in such role;
(C) which official of the intelligence community should
be responsible for conducting oversight by the executive
branch for open-source intelligence;
(D) which elements of the intelligence community
should retain capabilities to collect, process, exploit, and
disseminate open-source intelligence;
(E) how to effectively integrate such collection capabilities among the elements of the intelligence community;
and
(F) whether to establish a new agency as an element
of the intelligence community dedicated to open-source
intelligence or to establish a fusion center to co-locate opensource intelligence capabilities of the elements of the intelligence community, including a discussion of the advantages and disadvantages of each such approach.
(2) Recommendations regarding the requirements processes
for open-source intelligence, including with respect to—
(A) the utility (or disutility) of a unified collection
management process for open-source intelligence for all
of the intelligence community;
(B) what such a process might look like;
(C) ways to integrate an open-source requirements
process into all-source collection management; and
(D) ways that automation might be leveraged to facilitate open-source requirements and collection management.
(3) An assessment of the value of rejuvenating a career
service for a professional cadre of the intelligence community
that focuses on collecting and disseminating open-source intelligence and recommendations for such a rejuvenation.
(4) Recommendations regarding the need to adjust any
legal and policy frameworks (including any applicable guidelines of the Attorney General) that would facilitate the collection, retention, and dissemination of open-source intelligence
while balancing customer needs with the privacy interests of
United States persons.
(5) An assessment of methods to use open-source intelligence to support the operations of the intelligence community,
including recommendations on when and how open-source intelligence should support such operations.
(6) With respect to the data management of open-source
intelligence, recommendations on proposed data ingestion tools,
scraping capabilities, and other tools and capabilities to collect,
process, exploit, and analyze the volume of open-source intelligence, including recommendations on how the intelligence
community can increase the speed and security with which
the intelligence community adopts open-source technology and
unclassified commercial products.
(7) Any other matters the Director or the entity selected
to conduct the study determines appropriate.

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Assessment.

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134 STAT. 2406

PUBLIC LAW 116–260—DEC. 27, 2020

(c) COOPERATION.—The Director shall make available to the
entity selected to conduct the study under subsection (a) the necessary information and materials to conduct the study, including
with respect to—
(1) accessing secure workspaces;
(2) accessing directives and policy guidance of the intelligence community and other policy documents regarding the
governance and execution of open-source intelligence;
(3) reviewing technological systems used to conduct opensource intelligence collection;
(4) interviewing senior personnel of the intelligence community, including such personnel with responsibility for the opensource intelligence mission of the intelligence community; and
(5) ensuring that each head of an element of the intelligence
community provides the cooperation described in this subsection.
(d) CONSULTATION.—The entity selected to conduct the study
under subsection (a) shall consult with the congressional intelligence
committees before beginning to conduct such study.
(e) REPORT.—Not later than 270 days after the date of the
enactment of this Act, the Director shall submit to the congressional
intelligence committees a report containing the study under subsection (a), without change. The report shall be unclassified, but
may include a classified annex.
SEC. 624. SURVEY ON OPEN SOURCE ENTERPRISE.

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(a) SURVEY.—The Director of the Central Intelligence Agency
(as the open source functional manager for the intelligence community), in consultation with the Director of National Intelligence
and any other head of an element of the intelligence community
that the Director of the Central Intelligence Agency determines
appropriate, shall conduct a survey to measure the satisfaction
of customers of open-source intelligence with the Open Source
Enterprise of the Central Intelligence Agency.
(b) PURPOSE.—The Director shall ensure that the survey under
subsection (a)—
(1) evaluates which types of open-source intelligence supports the missions of the customers of such intelligence, regardless of whether the customers are elements of the intelligence
community and regardless of whether the customers are
receiving such intelligence from the Open Source Enterprise;
(2) evaluates how responsive the Open Source Enterprise
is to the missions of the elements of the intelligence community
and the other customers of the Open Source Enterprise;
(3) enables the Open Source Enterprise to set strategic
priorities; and
(4) enables Congress to better oversee the strategic direction of the Open Source Enterprise and to provide support
to the collection and analysis of open-source intelligence.
(c) CONTENTS.—
(1) ASSESSMENT.—The survey under subsection (a) shall
include qualitative and quantitative questions designed to
assess the following:
(A) The value of support provided by the Open Source
Enterprise to the mission of the customer taking the
survey.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2407

(B) The accessibility of the products of the Open Source
Enterprise.
(C) The frequency that such products are used in
accomplishing the mission of the customer.
(D) The responsiveness of the Open Source Enterprise
to tasking requests.
(E) Areas in which the Open Source Enterprise could
improve.
(F) The in-house open-source intelligence capabilities
of the customer taking the survey, including—
(i) a description of such capabilities;
(ii) how such capabilities are tailored to the mission of the customer;
(iii) when such capabilities were established; and
(iv) whether and to what extent the customer
coordinates with the Open Source Enterprise regarding
such capabilities.
(2) SURVEY ANSWERS.—A customer who receives the survey
under subsection (a) shall make all reasonable efforts to respond
fully and frankly to the survey.
(d) DESIGN METHODOLOGY.—In carrying out subsection (a), the
Director of Central Intelligence shall seek advice regarding design
methodology for customer satisfaction surveys from—
(1) experts in survey design of the Central Intelligence
Agency and the Office of the Director of National Intelligence;
and
(2) senior executives of the Bureau of Intelligence and
Research of the Department of State who conduct a survey
similar to the survey under subsection (a).
(e) REPORT.—
(1) STRATEGY.—Not later than 180 days after the date
on which the survey is completed under subsection (a), the
Director shall submit to the congressional intelligence committees a report on the strategic direction of the Open Source
Enterprise based on the results of the survey, including explanations of how the Open Source Enterprise will—
(A) build off the successes of the Open Source Enterprise; and
(B) fill gaps in the collection, production, analysis, or
dissemination of open-source intelligence.
(2) FORM.—The report under paragraph (1) shall be submitted in classified form.
(3) BRIEFING.—Not later than 30 days after the date on
which the Director submits to the congressional intelligence
committees the report under paragraph (1), the Director shall
provide to such committees a briefing on the strategic direction
of the Open Source Enterprise.

Classified
information.
Deadline.

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SEC. 625. SENSE OF CONGRESS ON REPORT ON MURDER OF JAMAL
KHASHOGGI.

(a) FINDINGS.—Congress finds the following:
(1) There is a strong bipartisan conviction, shared widely
throughout the legislative and executive branches of the United
States Government and elsewhere, that ensuring full accountability for the brutal murder on October 2, 2018, of Jamal
Khashoggi, a former Washington Post columnist and resident

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134 STAT. 2408

PUBLIC LAW 116–260—DEC. 27, 2020

of the United States, is in the public interest and also the
national interest of the United States.
(2) Section 5714 of the Damon Paul Nelson and Matthew
Young Pollard Intelligence Authorization Act for Fiscal Years
2018, 2019, and 2020 (division E of Public Law 116–92; 133
Stat. 2173) required the Director of National Intelligence to
submit to Congress a written report in ‘‘unclassified form’’
that includes ‘‘identification of those who carried out, participated in, ordered, or were otherwise complicit in or responsible
for the death of Jamal Khashoggi.’’.
(3) Section 1277 of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1701)
likewise obligated the Director to submit to the Committee
on Foreign Affairs and the Permanent Select Committee on
Intelligence of the House of Representatives and the Committee
on Foreign Relations and the Select Committee on Intelligence
of the Senate a written report on the assessment of the intelligence community regarding Mr. Khashoggi’s brutal murder.
(4) Such section 1277 specifically called, among other
things, for a determination and presentation of evidence with
respect to the advance knowledge and role of any current
or former official of the Government of Saudi Arabia or any
current or former senior Saudi political figure over the
directing, ordering, or tampering of evidence in relation to
Mr. Khashoggi’s murder.
(5) Such section 1277 also required the Director to submit
a list of foreign persons whom the Director has high confidence
were responsible for, complicit in, or otherwise knowingly and
materially assisted the murder, or impeded its impartial investigation, or who ordered or otherwise directed an act or acts
contributing to or causing the murder.
(6) Contrary to the unambiguous and lawful command
of Congress under such sections 5714 and 1277, the Director
did not produce any unclassified report as required by either
such section, and instead, on February 20, 2020, the Director
submitted to such committees a classified report, which the
Director referred to as an ‘‘annex’’.
(7) The evident belief of the Director that no unclassified
information can be produced in accordance with the directives
of Congress is dubious, in light of the extensive body of credible,
unclassified reporting available regarding the murder of Mr.
Khashoggi, and the roles and culpability of officials at the
highest levels of the Government of Saudi Arabia.
(b) SENSE OF CONGRESS.—It is the sense of Congress that
the Director of National Intelligence should reasonably have been
able to produce an unclassified report pursuant to section 5714
of the Damon Paul Nelson and Matthew Young Pollard Intelligence
Authorization Act for Fiscal Years 2018, 2019, and 2020 and section
1277 of the National Defense Authorization Act for Fiscal Year
2020 that did not alter or obscure, in any way, the intelligence
community’s core determinations, its presentation of evidence, or
identification of relevant persons, as required, without putting
sources and methods at risk.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2409

DIVISION
X—SUPPORTING
FOSTER
YOUTH AND FAMILIES THROUGH THE
PANDEMIC

Supporting
Foster Youth and
Families through
the Pandemic
Act.

SEC. 1. SHORT TITLE.

42 USC 1305
note.

This division may be cited as the ‘‘Supporting Foster Youth
and Families through the Pandemic Act’’.
SEC. 2. DEFINITIONS.

In this Act:
(1) COVID–19 PUBLIC HEALTH EMERGENCY.—The term
‘‘COVID–19 public health emergency’’ means the public health
emergency declared by the Secretary pursuant to section 319
of the Public Health Service Act, entitled ‘‘Determination that
a Public Health Emergency Exists Nationwide as the Result
of the 2019 Novel Coronavirus’’.
(2) COVID–19 PUBLIC HEALTH EMERGENCY PERIOD.—The
term ‘‘COVID–19 public health emergency period’’ means the
period beginning on April 1, 2020 and ending with September
30, 2021.
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Health and Human Services.

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SEC. 3. CONTINUED SAFE OPERATION OF CHILD WELFARE PROGRAMS
AND SUPPORT FOR OLDER FOSTER YOUTH.

42 USC 629h
note.

42 USC 677 note.

(a) FUNDING INCREASES.—
(1) INCREASE IN SUPPORT FOR CHAFEE PROGRAMS.—Out of
any money in the Treasury of the United States not otherwise
appropriated, there are appropriated $400,000,000 for fiscal
year 2021, to carry out section 477 of the Social Security
Act, in addition to any amounts otherwise made available for
such purpose.
(2) EDUCATION AND TRAINING VOUCHERS.—Of the amount
made available by reason of paragraph (1) of this subsection,
not less than $50,000,000 shall be reserved for the provision
of vouchers pursuant to section 477(h)(2) of the Social Security
Act.
(3) APPLICABILITY OF TECHNICAL ASSISTANCE TO ADDITIONAL
FUNDS.—
(A) IN GENERAL.—Section 477(g)(2) of the Social Security Act shall apply with respect to the amount made
available by reason of paragraph (1) of this subsection
as if the amount were included in the amount specified
in section 477(h) of such Act.
(B) RESERVATION OF FUNDS.—
(i) IN GENERAL.—Of the amount to which section
477(g)(2) of the Social Security Act applies by reason
of subparagraph (A) of this paragraph, the Secretary
shall reserve not less than $500,000 to provide technical assistance to a State implementing or seeking
to implement a driving and transportation program
for foster youth.
(ii) PROVIDER QUALIFICATIONS.—The Secretary
shall ensure that the entity providing the assistance
has demonstrated the capacity to—

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134 STAT. 2410

PUBLIC LAW 116–260—DEC. 27, 2020
(I) successfully administer activities in 1 or
more States to provide driver’s licenses to youth
who are in foster care under the responsibility
of the State; and
(II) increase the number of such foster youth
who obtain a driver’s license.
(4) INAPPLICABILITY OF STATE MATCHING REQUIREMENT TO
ADDITIONAL FUNDS.—In making payments under subsections

Time period.

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Waiver authority.

(a)(4) and (e)(1) of section 474 of the Social Security Act from
the additional funds made available as a result of paragraphs
(1) and (2) of this subsection, the percentages specified in
subsections (a)(4)(A)(i) and (e)(1) of such section are, respectively, deemed to be 100 percent.
(5) MAXIMUM AWARD AMOUNT.—The dollar amount specified
in section 477(i)(4)(B) of the Social Security Act through the
end of fiscal year 2022 is deemed to be $12,000.
(6) INAPPLICABILITY OF NYTD PENALTY TO ADDITIONAL
FUNDS.—In calculating any penalty under section 477(e)(2) of
the Social Security Act with respect to the National Youth
in Transition Database (NYTD) for April 1, 2020, through the
end of fiscal year 2022, none of the additional funds made
available by reason of paragraphs (1) and (2) of this subsection
shall be considered to be part of an allotment to a State under
section 477(c) of such Act.
(b) MAXIMUM AGE LIMITATION ON ELIGIBILITY FOR ASSISTANCE.—During fiscal years 2020 and 2021, a child may be eligible
for services and assistance under section 477 of the Social Security
Act until the child attains 27 years of age, notwithstanding any
contrary certification made under such section.
(c) SPECIAL RULE.—With respect to funds made available by
reason of subsection (a) that are used during the COVID–19 public
health emergency period to support activities due to the COVID–
19 pandemic, the Secretary may not require any State to provide
proof of a direct connection to the pandemic if doing so would
be administratively burdensome or would otherwise delay or impede
the ability of the State to serve foster youth.
(d) PROGRAMMATIC FLEXIBILITIES.—During the COVID–19
public health emergency period:
(1) SUSPENSION OF CERTAIN REQUIREMENTS UNDER THE EDUCATION AND TRAINING VOUCHER PROGRAM.—The Secretary shall
allow a State to waive the applicability of the requirement
in section 477(i)(3) of the Social Security Act that a youth
must be enrolled in a postsecondary education or training program or making satisfactory progress toward completion of
that program if a youth is unable to do so due to the COVID–
19 public health emergency.
(2) AUTHORITY TO USE VOUCHERS TO MAINTAIN TRAINING
AND POSTSECONDARY EDUCATION.—A voucher provided under
a State educational and training voucher program under section
477(i) of the Social Security Act may be used for maintaining
training and postsecondary education, including less than fulltime matriculation costs or other expenses that are not part
of the cost of attendance but would help support youth in
remaining enrolled as described in paragraph (1) of this subsection.
(3) AUTHORITY TO WAIVE LIMITATIONS ON PERCENTAGE OF
FUNDS USED FOR HOUSING ASSISTANCE AND ELIGIBILITY FOR

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2411

SUCH ASSISTANCE.—Notwithstanding section 477(b)(3)(B) of the
Social Security Act, a State may use—
(A) more than 30 percent of the amounts paid to the
State from its allotment under section 477(c)(1) of such
Act for a fiscal year, for room or board payments; and
(B) any of such amounts for youth otherwise eligible
for services under section 477 of such Act who—
(i) have attained 18 years of age and not 27 years
of age; and
(ii) experienced foster care at 14 years of age or
older.
(4) AUTHORITY TO PROVIDE DRIVING AND TRANSPORTATION
ASSISTANCE.—
(A) USE OF FUNDS.—Funds provided under section 477
of the Social Security Act may be used to provide driving
and transportation assistance to youth described in paragraph (3)(B) who have attained 15 years of age with costs
related to obtaining a driver’s license and driving lawfully
in a State (such as vehicle insurance costs, driver’s education class and testing fees, practice lessons, practice
hours, license fees, roadside assistance, deductible assistance, and assistance in purchasing an automobile).
(B) MAXIMUM ALLOWANCE.—The amount of the assistance provided for each eligible youth under subparagraph
(A) shall not exceed $4,000 per year, and any assistance
so provided shall be disregarded for purposes of determining the recipient’s eligibility for, and the amount of,
any other Federal or federally-supported assistance, except
that the State agency shall take appropriate steps to prevent duplication of benefits under this and other Federal
or federally-supported programs.
(C) REPORT TO THE CONGRESS.—Within 6 months after
the end of the expenditure period, the Secretary shall
submit to the Congress a report on the extent to which,
and the manner in which, the funds to which subsection
(a)(3) applies were used to provide technical assistance
to State child welfare programs, monitor State performance
and foster youth outcomes, and evaluate program effectiveness.

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SEC. 4. PREVENTING AGING OUT OF FOSTER CARE DURING THE PANDEMIC.

42 USC 671 note.

(a) ADDRESSING FOSTER CARE AGE RESTRICTIONS DURING THE
PANDEMIC.—A State operating a program under part E of title
IV of the Social Security Act may not require a child who is
in foster care under the responsibility of the State to leave foster
care solely by reason of the child’s age. A child may not be found
ineligible for foster care maintenance payments under section 472
of such Act solely due to the age of the child or the failure of
the child to meet a condition of section 475(8)(B)(iv) of such Act
before October 1, 2021.
(b) RE-ENTRY TO FOSTER CARE FOR YOUTH WHO AGE OUT
DURING THE PANDEMIC.—A State operating a program under the
State plan approved under part E of title IV of the Social Security
Act (and without regard to whether the State has exercised the
option provided by section 475(8)(B) of such Act to extend assistance
under such part to older children) shall—

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134 STAT. 2412

PUBLIC LAW 116–260—DEC. 27, 2020

(1) permit any youth who left foster care due to age during
the COVID–19 public health emergency to voluntarily re-enter
foster care;
(2) provide to each such youth who was formally discharged
from foster care during the COVID–19 public health emergency,
a notice designed to make the youth aware of the option to
return to foster care;
(3) facilitate the voluntary return of any such youth to
foster care; and
(4) conduct a public awareness campaign about the option
to voluntarily re-enter foster care for youth who have not
attained 22 years of age, who aged out of foster care in fiscal
year 2020 or fiscal year 2021, and who are otherwise eligible
to return to foster care.
(c) PROTECTIONS FOR YOUTH IN FOSTER CARE.—A State operating a program under the State plan approved under part E
of title IV of the Social Security Act shall—
(1) continue to ensure that the safety, permanence, and
well-being needs of older foster youth, including youth who
remain in foster care and youth who age out of foster care
during that period but who re-enter foster care pursuant to
this section, are met; and
(2) work with any youth who remains in foster care after
attaining 18 years of age (or such greater age as the State
may have elected under section 475(8)(B)(iii) of such Act) to
develop, or review and revise, a transition plan consistent with
the plan referred to in section 475(5)(H) of such Act, and
assist the youth with identifying adults who can offer meaningful, permanent connections.
(d) AUTHORITY TO USE ADDITIONAL FUNDING FOR CERTAIN
COSTS INCURRED TO PREVENT AGING OUT OF, FACILITATING REENTRY TO, AND PROTECTING YOUTH IN CARE DURING THE PANDEMIC.—
(1) IN GENERAL.—Subject to paragraph (2) of this subsection, a State to which additional funds are made available
as a result of section 3(a) may use the funds to meet any
costs incurred in complying with subsections (a), (b), and (c)
of this section.
(2) RESTRICTIONS.—
(A) The costs referred to in paragraph (1) must be
incurred after the date of the enactment of this section
and before October 1, 2021.
(B) The costs of complying with subsection (a) or (c)
of this section must not be incurred on behalf of children
eligible for foster care maintenance payments under section
472 of the Social Security Act, including youth who have
attained 18 years of age who are eligible for the payments
by reason of the temporary waiver of the age requirement
or the conditions of section 475(8)(B)(iv) of such Act.
(C) A State shall make reasonable efforts to ensure
that eligibility for foster care maintenance payments under
section 472 of the Social Security Act is determined when
a youth remains in, or re-enters, foster care as a result
of the State complying with subsections (a) and (c) of this
section.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2413

(D) A child who re-enters care during the COVID–
19 public health emergency period may not be found ineligible for foster care maintenance payments under section
472 of the Social Security Act solely due to age or the
requirements of section 475(8)(B)(iv) of such Act before
October 1, 2021.
(e) TERMINATION OF CERTAIN PROVISIONS.—The preceding
provisions of this section shall have no force or effect after September 30, 2021.
SEC. 5. FAMILY FIRST PREVENTION SERVICES PROGRAM PANDEMIC
FLEXIBILITY.

42 USC 674 note.

During the COVID–19 public health emergency period, each
percentage specified in subparagraphs (A)(i) and (B) of section
474(a)(6) of the Social Security Act is deemed to be 100 percent.
SEC. 6. EMERGENCY FUNDING FOR THE MARYLEE ALLEN PROMOTING
SAFE AND STABLE FAMILIES PROGRAM.

42 USC 629d
note.

(a) IN GENERAL.—Out of any money in the Treasury of the
United States not otherwise appropriated, there are appropriated
$85,000,000 to carry out section 436(a) of the Social Security Act
for fiscal year 2021, in addition to any amounts otherwise made
available for such purpose. For purposes of section 436(b) of such
Act, the amount made available by the preceding sentence shall
be considered part of the amount specified in such section 436(a).
(b) INAPPLICABILITY OF STATE MATCHING REQUIREMENT TO
ADDITIONAL FUNDS.—In making payments under section 434(a) of
the Social Security Act from the additional funds made available
as a result of subsection (a) of this section, the percentage specified
in section 434(a)(1) of such Act is deemed to be 100 percent.

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SEC. 7. COURT IMPROVEMENT PROGRAM.

(a) RESERVATION OF FUNDS.—Of the additional amounts made
available by reason of section 6 of this Act, the Secretary shall
reserve $10,000,000 for grants under subsection (b) of this section
for fiscal year 2021, which shall be considered to be made under
section 438 of the Social Security Act.
(b) DISTRIBUTION OF FUNDS.—
(1) IN GENERAL.—From the amounts reserved under subsection (a) of this section, the Secretary shall—
(A) reserve not more than $500,000 for Tribal court
improvement activities; and
(B) from the amount remaining after the application
of subparagraph (A), make a grant to each highest State
court that is approved to receive a grant under section
438 of the Social Security Act for the purpose described
in section 438(a)(3) of such Act, for fiscal year 2021.
(2) AMOUNT.—The amount of the grant awarded to a
highest State court under this subsection shall be the sum
of—
(A) $85,000; and
(B) the amount that bears the same ratio to the amount
reserved under subsection (a) that remains after the
application of paragraph (1)(A) and subparagraph (A) of
this paragraph, as the number of individuals in the State
in which the court is located who have not attained 21
years of age bears to the total number of such individuals
in all States the highest courts of which were awarded

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42 USC 629h
note.

Grants.

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134 STAT. 2414

a grant under this subsection (based on the most recent
year for which data are available from the Bureau of the
Census).
(3) OTHER RULES.—
(A) IN GENERAL.—The grants awarded to the highest
State courts under this subsection shall be in addition
to any grants made to the courts under section 438 of
the Social Security Act for any fiscal year.
(B) NO ADDITIONAL APPLICATION.—The Secretary shall
award grants to the highest State courts under this subsection without requiring the courts to submit an additional
application.
(C) REPORTS.—The Secretary may establish reporting
criteria specific to the grants awarded under this subsection.
(D) REDISTRIBUTION OF FUNDS.—If a highest State
court does not accept a grant awarded under this subsection, or does not agree to comply with any reporting
requirements imposed under subparagraph (C) or the use
of funds requirements specified in subsection (c), the Secretary shall redistribute the grant funds that would have
been awarded to that court under this subsection among
the other highest State courts that are awarded grants
under this subsection and agree to comply with the
reporting and use of funds requirements.
(E) NO MATCHING REQUIREMENT.—The limitation on
the use of funds specified in section 438(d) of such Act
shall not apply to the grants awarded under this section.
(c) USE OF FUNDS.—A highest State court awarded a grant
under subsection (b) shall use the grant funds to address needs
stemming from the COVID–19 public health emergency, which may
include any of the following:
(1) Technology investments to facilitate the transition to
remote hearings for dependency courts when necessary as a
direct result of the COVID–19 public health emergency.
(2) Training for judges, attorneys, and caseworkers on
facilitating and participating in remote hearings that comply
with due process and all applicable law, ensure child safety
and well-being, and help inform judicial decision-making.
(3) Programs to help families address aspects of the case
plan to avoid delays in legal proceedings that would occur
as a direct result of the COVID–19 public health emergency.
(4) Other purposes to assist courts, court personnel, or
related staff related to the COVID–19 public health emergency.
(d) CONFORMING AMENDMENTS.—Section 438 of the Social Security Act (42 U.S.C. 629h) is amended in each of subsections (c)(1)
and (d) by striking ‘‘2021’’ and inserting ‘‘2022’’.

Grants.

Criteria.

Compliance.

42 USC 674 note.

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Determination.

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SEC. 8. KINSHIP NAVIGATOR PROGRAMS PANDEMIC FLEXIBILITY.

(a) INAPPLICABILITY OF MATCHING FUNDS REQUIREMENTS.—
During the COVID–19 public health emergency period, the percentage specified in section 474(a)(7) of the Social Security Act is deemed
to be 100 percent.
(b) WAIVER OF EVIDENCE STANDARD.—During the COVID–19
public health emergency period, the requirement in section 474(a)(7)
of the Social Security Act that the Secretary determine that a

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134 STAT. 2415

kinship navigator program be operated in accordance with promising, supported, or well-supported practices that meet the
applicable criteria specified for the practices in section 471(e)(4)(C)
of such Act shall have no force or effect, except that each State
with such a program shall provide the Secretary with an assurance
that the program will be, or is in the process of being, evaluated
for the purpose of building an evidence base to later determine
whether the program meets the criteria set forth in such section
471(e)(4)(C).
(c) OTHER ALLOWABLE USES OF FUNDS.—A State may use funds
provided to carry out a kinship navigator program—
(1) for evaluations, independent systematic review, and
related activities;
(2) to provide short-term support to kinship families for
direct services or assistance during the COVID–19 public health
emergency period; and
(3) to ensure that kinship caregivers have the information
and resources to allow kinship families to function at their
full potential, including—
(A) ensuring that those who are at risk of contracting
COVID–19 have access to information and resources for
necessities, including food, safety supplies, and testing and
treatment for COVID–19;
(B) access to technology and technological supports
needed for remote learning or other activities that must
be carried out virtually due to the COVID–19 public health
emergency;
(C) health care and other assistance, including legal
assistance and assistance with making alternative care
plans for the children in their care if the caregivers were
to become unable to continue caring for the children;
(D) services to kinship families, including kinship families raising children outside of the foster care system; and
(E) assistance to allow children to continue safely living
with kin.
(d) TERRITORY CAP EXEMPTION.—Section 1108(a)(1) of the Social
Security Act shall be applied without regard to any amount paid
to a territory pursuant to this section that would not have been
paid to the territory in the absence of this section.

Applicability.

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SEC. 9. ADJUSTMENT OF FUNDING CERTAINTY BASELINES FOR
FAMILY FIRST TRANSITION ACT FUNDING CERTAINTY
GRANTS.

Section 602(c)(2) of division N of the Further Consolidated
Appropriations Act, 2020 (Public Law 116–94) is amended—
(1) in subparagraph (C), in the matter preceding clause
(i), by striking ‘‘The calculation’’ and inserting ‘‘Except as provided in subparagraph (G), the calculation’’; and
(2) by adding at the end the following:
‘‘(G) ADJUSTMENT OF FUNDING CERTAINTY BASELINES.—
‘‘(i) HOLD HARMLESS FOR TEMPORARY INCREASE IN
FMAP.—For each fiscal year specified in subparagraph
(B), the Secretary shall increase the maximum capped
allocation for fiscal year 2019 or the final cost neutrality limit for fiscal year 2018 for a State or subState jurisdiction referred to in subparagraph (A)(i),
by the amount equal to the difference between—

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133 Stat. 3120.

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134 STAT. 2416

PUBLIC LAW 116–260—DEC. 27, 2020
‘‘(I) the amount of the foster care maintenance
payments portion of such maximum capped allocation or final cost neutrality limit; and
‘‘(II) the amount that the foster care maintenance payments portion of such maximum capped
allocation or final cost neutrality limit would be
if the Federal medical assistance percentage
applicable to the State under clause (ii) for the
fiscal year so specified were used to determine
the amount of such portion.
‘‘(ii) APPLICABLE FEDERAL MEDICAL ASSISTANCE
PERCENTAGE.—For purposes of clause (i)(II), the Federal medical assistance percentage applicable to a State
for a fiscal year specified in subparagraph (B) is the
average of the values of the Federal medical assistance
percentage applicable to the State in each quarter of
such fiscal year under section 474(a)(1) of the Social
Security Act (42 U.S.C. 674(a)(1)) after application of
any temporary increase in the Federal medical assistance percentage for the State and quarter under section
6008 of the Families First Coronavirus Response Act
(42 U.S.C. 1396d note) and any other Federal legislation enacted during the period that begins on July
1, 2020, and ends on December 31, 2021.’’.

Time period.

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42 USC 711 note.

SEC.

10.

ALLOWING HOME VISITING
SERVING FAMILIES SAFELY.

PROGRAMS

TO

CONTINUE

(a) IN GENERAL.—For purposes of section 511 of the Social
Security Act, during the COVID–19 public health emergency
period—
(1) a virtual home visit shall be considered a home visit;
(2) funding for, and staffing levels of, a program conducted
pursuant to such section shall not be reduced on account of
reduced enrollment in the program; and
(3) funds provided for such a program may be used—
(A) to train home visitors in conducting a virtual home
visit and in emergency preparedness and response planning
for families served, and may include training on how to
safely conduct intimate partner violence screenings
remotely, training on safety and planning for families
served;
(B) for the acquisition by families enrolled in the program of such technological means as are needed to conduct
and support a virtual home visit; and
(C) to provide emergency supplies to families served,
regardless of whether the provision of such supplies is
within the scope of the approved program, such as diapers,
formula, non-perishable food, water, hand soap, and hand
sanitizer.
(b) VIRTUAL HOME VISIT DEFINED.—In subsection (a), the term
‘‘virtual home visit’’ means a home visit, as described in an
applicable service delivery model, that is conducted solely by the
use of electronic information and telecommunications technologies.
(c) AUTHORITY TO DELAY DEADLINES.—
(1) IN GENERAL.—The Secretary may extend the deadline
by which a requirement of section 511 of the Social Security
Act must be met, by such period of time as the Secretary

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2417

deems appropriate, taking into consideration the impact of the
COVID–19 public health emergency on eligible entity home
visiting programs and the impact of families enrolled in home
visiting programs. The Secretary may delay the deadline for
submission, waive performance measures, or allow for alternative data sources to be used to show improvement in performance in the manner provided in section 511(d)(1) of such Act.
(2) DELAY OF DEADLINE FOR STATEWIDE NEEDS ASSESSMENT.—The Secretary may delay the October 1, 2020, deadline
for reviewing and updating any needs assessment required
by section 511(b)(1) or 511(h)(2)(A) of the Social Security Act,
but any such delay shall not affect the timing for, or amount
of, any payment to the State involved from the fiscal year
allotments available to the State under section 502(c) of such
Act.
(3) GUIDANCE.—The Secretary shall provide to eligible entities funded under section 511 of the Social Security Act information on the parameters used in extending a deadline under
paragraph (1) or (2) of this subsection.
(d) TIMELY RELEASE OF TITLE V FUNDS.—The authorities provided in this section shall not be interpreted to authorize or require
any delay in the timely release of funds under title V of the
Social Security Act.

Waiver authority.

SEC. 11. TECHNICAL CORRECTION TO TEMPORARY INCREASE OF MEDICAID FMAP.

Section 6008 of the Families First Coronavirus Response Act
(Public Law 116–127) is amended by adding at the end the following:
‘‘(d) APPLICATION TO TITLE IV-E PAYMENTS.—If the District
of Columbia receives the increase described in subsection (a) in
the Federal medical assistance percentage for the District of
Columbia with respect to a quarter, the Federal medical assistance
percentage for the District of Columbia, as so increased, shall
apply to payments made to the District of Columbia under part
E of title IV of the Social Security Act (42 U.S.C. 670 et seq.)
for that quarter, and the payments under such part shall be deemed
to be made on the basis of the Federal medical assistance percentage
applied with respect to such District for purposes of title XIX
of such Act (42 U.S.C. 1396 et seq.) and as increased under subsection (a).’’.

DIVISION Y—AMERICAN MINER
BENEFITS IMPROVEMENT
SEC. 1. SHORT TITLE.

This division may be cited as the ‘‘American Miner Benefits
Improvement Act of 2020’’.

42 USC 1396d
note.

American Miner
Benefits
Improvement Act
of 2020.
30 USC 1201
note.

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SEC. 2. TRANSFERS TO 1974UMWA PENSION PLAN.

(a) IN GENERAL.—Section 402(h)(2)(C)(ii) of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1232(h)(2)(C)(ii))
is amended—
(1) by striking ‘‘the Bipartisan American Miners Act of
2019’’ each place it appears and inserting ‘‘the American Miner
Benefits Improvement Act of 2020’’,

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134 STAT. 2418

PUBLIC LAW 116–260—DEC. 27, 2020

(2) by striking ‘‘or 2019’’ in subclause (II) and inserting
‘‘2019, or any year thereafter,’’
(3) by inserting before ‘‘; and’’ in subclause (II) the following: ‘‘(or, in the case of any such health benefits confirmed
in any bankruptcy proceeding, would be subsequently denied
or reduced)’’, and
(4) by striking ‘‘January 1, 2019’’ in the second sentence
and inserting ‘‘January 1, 2020’’.
(b) INCREASE IN LIMITATION TO ACCOUNT FOR CALCULATION
OF HEALTH BENEFIT PLAN EXCESS.—Section 402(i)(3) of such Act
(30 U.S.C. 1232(i)(3)) is amended by adding at the end the following
new subparagraph:
‘‘(C) INCREASE IN LIMITATION TO ACCOUNT FOR CALCULATION OF HEALTH BENEFIT PLAN EXCESS.—The dollar limitation under subparagraph (A) shall be increased by the
amount of the cost to provide benefits which are taken
into account under subsection (h)(2)(C)(ii) solely by reason
of the amendments made by section 2(a) of the American
Miner Benefits Improvement Act of 2020.’’.
(c) APPLICATION.—
(1) IN GENERAL.—Except as provided in paragraph (2), the
amendments made by this section shall take effect on the
date of the enactment of this Act.
(2) SUBSECTION (a)(3).—The amendment made by subsection (a)(3) shall apply to denials and reductions after
December 31, 2019.

30 USC 1232
note.

DIVISION Z—ENERGY ACT OF 2020

Energy Act of
2020.

SEC. 101. SHORT TITLE; TABLE OF CONTENTS.
42 USC 17001
note.

(a) SHORT TITLE.—This division may be cited as the ‘‘Energy
Act of 2020’’.
(b) TABLE OF CONTENTS.—The table of contents for this Act
is as follows:
DIVISION Z—ENERGY ACT OF 2020
Sec. 101. Short title; table of contents.

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Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1001.
1002.
1003.
1004.
1005.
1006.
1007.
1008.
1009.
1010.
1011.
1012.
1013.
1014.

TITLE I—EFFICIENCY
Coordination of energy retrofitting assistance for schools.
Use of energy and water efficiency measures in Federal buildings.
Energy efficient data centers.
Energy-efficient and energy-saving information technologies.
Extended Product System Rebate Program.
Energy Efficient Transformer Rebate Program.
Smart building acceleration.
Modifications to the ceiling fan energy conservation standard.
Report on electrochromic glass.
Energy and water for sustainability.
Weatherization Assistance Program.
Federal Energy Management Program.
CHP Technical Assistance Partnership Program.
Smart energy water efficiency pilot program.

TITLE II—NUCLEAR
Sec. 2001. Advanced Nuclear Fuel Availability.
Sec. 2002. Amendments to definitions in Energy Policy Act of 2005.
Sec. 2003. Nuclear energy research, development, demonstration, and commercial
application programs.
Sec. 2004. High-performance computation collaborative research program.
Sec. 2005. Nuclear energy budget plan.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2419

Sec. 2006. Organization and administration of programs.
Sec. 2007. Extension and expansion of limitations on importation of uranium from
Russian Federation.
Sec. 2008. Fusion energy research.
TITLE III—RENEWABLE ENERGY AND STORAGE
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

3001.
3002.
3003.
3004.
3005.
3006.

Subtitle A—Renewable Energy Research and Development
Water power research and development.
Advanced geothermal innovation leadership.
Wind energy research and development.
Solar energy research and development.
Hydroelectric production incentives and efficiency improvements.
Conforming amendments.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

3101.
3102.
3103.
3104.
3105.
3106.

Subtitle B—Natural Resources Provisions
Definitions.
Program to improve eligible project permit coordination.
Increasing economic certainty.
National goal for renewable energy production on Federal land.
Facilitation of coproduction of geothermal energy on oil and gas leases.
Savings clause.

Subtitle C—Energy Storage
Sec. 3201. Better energy storage technology.
Sec. 3202. Energy storage technology and microgrid assistance program.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

4001.
4002.
4003.
4004.
4005.
4006.
4007.
4008.

TITLE IV—CARBON MANAGEMENT
Fossil energy.
Establishment of carbon capture technology program.
Carbon storage validation and testing.
Carbon utilization program.
High efficiency turbines.
National energy technology laboratory reforms.
Study on Blue Hydrogen Technology.
Produced water research and development.

TITLE V—CARBON REMOVAL
Sec. 5001. Carbon removal.
Sec. 5002. Carbon dioxide removal task force and report.
TITLE VI—INDUSTRIAL AND MANUFACTURING TECHNOLOGIES
Sec. 6001. Purpose.
Sec. 6002. Coordination of research and development of energy efficient technologies for industry.
Sec. 6003. Industrial emissions reduction technology development program.
Sec. 6004. Industrial Technology Innovation Advisory Committee.
Sec. 6005. Technical assistance program to implement industrial emissions reduction.
Sec. 6006. Development of national smart manufacturing plan.

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TITLE VII—CRITICAL MINERALS
Sec. 7001. Rare earth elements.
Sec. 7002. Mineral security.
Sec. 7003. Monitoring mineral investments under Belt and Road Initiative of People’s Republic of China.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

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8001.
8002.
8003.
8004.
8005.
8006.
8007.
8008.
8009.
8010.
8011.
8012.

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TITLE VIII—GRID MODERNIZATION
Smart grid regional demonstration initiative.
Smart grid modeling, visualization, architecture, and controls.
Integrated energy systems.
Grid integration research and development.
Advisory committee.
Coordination of efforts.
Technology demonstration on the distribution grid.
Voluntary model pathways.
Performance metrics for electricity infrastructure providers.
Voluntary State, regional, and local electricity distribution planning.
Micro-grid and integrated micro-grid systems program.
Technical amendments; authorization of appropriations.

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134 STAT. 2420

PUBLIC LAW 116–260—DEC. 27, 2020

Sec. 8013. Indian energy.
Sec. 8014. Report on electricity access and reliability.
Sec. 8015. Net metering study and evaluation.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

9001.
9002.
9003.
9004.
9005.
9006.
9007.
9008.
9009.
9010.
9011.

TITLE IX—DEPARTMENT OF ENERGY INNOVATION
Office of technology transitions.
Lab partnering service pilot program.
Technology commercialization fund.
Streamlining prize competitions.
Milestone-based demonstration projects.
Other transaction authority extension.
Technology transfer reports and evaluation.
Veterans’ health initiative.
Sustainable Transportation Research and Development.
Loan program office title XVII reform.
Established Program to Stimulate Competitive Research.

TITLE X—ARPA–E AMENDMENTS
Sec. 10001. ARPA–E amendments.
TITLE XI—OTHER MATTERS
Low-Dose Radiation Research.
Authorization.
Sense of Congress.
Addressing insufficient compensation of employees and other personnel
of the Federal Energy Regulatory Commission.
Sec. 11005. Report on the authority of the Secretary of Energy to implement flexible compensation models.
Sec.
Sec.
Sec.
Sec.

11001.
11002.
11003.
11004.

TITLE I—EFFICIENCY
42 USC 6371k.

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SEC. 1001. COORDINATION OF ENERGY RETROFITTING ASSISTANCE
FOR SCHOOLS.

(a) DEFINITION OF SCHOOL.—In this section, the term ‘‘school’’
means—
(1) an elementary school or secondary school (as defined
in section 8101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801));
(2) an institution of higher education (as defined in section
101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)));
(3) a postsecondary vocational institution (as defined in
section 102(c) of the Higher Education Act of 1965 (20 U.S.C.
1002(c)));
(4) a school of the defense dependents’ education system
under the Defense Dependents’ Education Act of 1978 (20
U.S.C. 921 et seq.) or established under section 2164 of title
10, United States Code;
(5) a school operated by the Bureau of Indian Education;
(6) a tribally controlled school (as defined in section 5212
of the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2511));
and
(7) a Tribal College or University (as defined in section
316(b) of the Higher Education Act of 1965 (20 U.S.C.
1059c(b))).
(b) DESIGNATION OF LEAD AGENCY.—The Secretary of Energy
(in this section referred to as the ‘‘Secretary’’), acting through the
Office of Energy Efficiency and Renewable Energy, shall act as
the lead Federal agency for coordinating and disseminating information on existing Federal programs and assistance that may be
used to help initiate, develop, and finance energy efficiency, renewable energy, and energy retrofitting projects for schools.

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134 STAT. 2421

(c) REQUIREMENTS.—In carrying out coordination and outreach
under subsection (b), the Secretary shall—
(1) in consultation and coordination with the appropriate
Federal agencies, carry out a review of existing programs and
financing mechanisms (including revolving loan funds and loan
guarantees) available in or from the Department of Agriculture,
the Department of Energy, the Department of Education, the
Department of the Treasury, the Internal Revenue Service,
the Environmental Protection Agency, and other appropriate
Federal agencies with jurisdiction over energy financing and
facilitation that are currently used or may be used to help
initiate, develop, and finance energy efficiency, renewable
energy, and energy retrofitting projects for schools;
(2) establish a Federal cross-departmental collaborative
coordination, education, and outreach effort to streamline
communication and promote available Federal opportunities
and assistance described in paragraph (1), for energy efficiency,
renewable energy, and energy retrofitting projects that enables
States, local educational agencies, and schools—
(A) to use existing Federal opportunities more effectively; and
(B) to form partnerships with Governors, State energy
programs, local educational, financial, and energy officials,
State and local government officials, nonprofit organizations, and other appropriate entities, to support the initiation of the projects;
(3) provide technical assistance for States, local educational
agencies, and schools to help develop and finance energy efficiency, renewable energy, and energy retrofitting projects—
(A) to increase the energy efficiency of buildings or
facilities;
(B) to install systems that individually generate energy
from renewable energy resources;
(C) to establish partnerships to leverage economies
of scale and additional financing mechanisms available to
larger clean energy initiatives; or
(D) to promote—
(i) the maintenance of health, environmental
quality, and safety in schools, including the ambient
air quality, through energy efficiency, renewable
energy, and energy retrofit projects; and
(ii) the achievement of expected energy savings
and renewable energy production through proper operations and maintenance practices;
(4) develop and maintain a single online resource website
with contact information for relevant technical assistance and
support staff in the Office of Energy Efficiency and Renewable
Energy for States, local educational agencies, and schools to
effectively access and use Federal opportunities and assistance
described in paragraph (1) to develop energy efficiency, renewable energy, and energy retrofitting projects; and
(5) establish a process for recognition of schools that—
(A) have successfully implemented energy efficiency,
renewable energy, and energy retrofitting projects; and
(B) are willing to serve as resources for other local
educational agencies and schools to assist initiation of
similar efforts.

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Consultation.
Coordination.

Website.

PUBL260B

134 STAT. 2422

PUBLIC LAW 116–260—DEC. 27, 2020

(d) REPORT.—Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to Congress a report
describing the implementation of this section.
SEC. 1002. USE OF ENERGY AND WATER EFFICIENCY MEASURES IN
FEDERAL BUILDINGS.

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Applicability.

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(a) REPORTS.—Section 548(b) of the National Energy Conservation Policy Act (42 U.S.C. 8258(b)) is amended—
(1) in paragraph (3), by striking ‘‘and’’ at the end;
(2) in paragraph (4), by striking the period at the end
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(5)(A) the status of the energy savings performance contracts and utility energy service contracts of each agency, to
the extent that the information is not duplicative of information
provided to the Secretary under a separate authority;
‘‘(B) the quantity and investment value of the contracts
for the previous year;
‘‘(C) the guaranteed energy savings, or for contracts without
a guarantee, the estimated energy savings, for the previous
year, as compared to the measured energy savings for the
previous year;
‘‘(D) a forecast of the estimated quantity and investment
value of contracts anticipated in the following year for each
agency; and
‘‘(E)(i) a comparison of the information described in
subparagraph (B) and the forecast described in subparagraph
(D) in the report of the previous year; and
‘‘(ii) if applicable, the reasons for any differences in the
data compared under clause (i).’’.
(b) DEFINITION OF ENERGY CONSERVATION MEASURES.—Section
551(4) of the National Energy Conservation Policy Act (42 U.S.C.
8259(4)) is amended by striking ‘‘or retrofit activities’’ and inserting
‘‘retrofit activities, or energy consuming devices and required support structures’’.
(c) AUTHORITY TO ENTER INTO CONTRACTS.—Section 801(a)(2)(F)
of the National Energy Conservation Policy Act (42 U.S.C.
8287(a)(2)(F)) is amended—
(1) in clause (i), by striking ‘‘or’’ at the end;
(2) in clause (ii), by striking the period at the end and
inserting ‘‘; or’’; and
(3) by adding at the end the following:
‘‘(iii) limit the recognition of operation and maintenance savings associated with systems modernized or
replaced with the implementation of energy conservation measures, water conservation measures, or any
combination of energy conservation measures and
water conservation measures.’’.
(d) MISCELLANEOUS AUTHORITY; EXCLUDED CONTRACTS.—Section 801(a)(2) of the National Energy Conservation Policy Act (42
U.S.C. 8287(a)(2)) is amended by adding at the end the following:
‘‘(H) MISCELLANEOUS AUTHORITY.—Notwithstanding
subtitle I of title 40, United States Code, a Federal agency
may accept, retain, sell, or transfer, and apply the proceeds
of the sale or transfer of, any energy and water incentive,
rebate, grid services revenue, or credit (including a renewable energy certificate) to fund a contract under this title.

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134 STAT. 2423

‘‘(I) EXCLUDED CONTRACTS.—A contract entered into
under this title may not be for work performed—
‘‘(i) at a Federal hydroelectric facility that provides
power marketed by a Power Marketing Administration;
or
‘‘(ii) at a hydroelectric facility owned and operated
by the Tennessee Valley Authority established under
the Tennessee Valley Authority Act of 1933 (16 U.S.C.
831 et seq.).’’.
(e) PAYMENT OF COSTS.—Section 802 of the National Energy
Conservation Policy Act (42 U.S.C. 8287a) is amended by striking
‘‘(and related operation and maintenance expenses)’’ and inserting
‘‘, including related operations and maintenance expenses’’.
(f) DEFINITION OF ENERGY SAVINGS.—Section 804(2) of the
National Energy Conservation Policy Act (42 U.S.C. 8287c(2)) is
amended—
(1) in subparagraph (A), by striking ‘‘federally owned
building or buildings or other federally owned facilities’’ and
inserting ‘‘Federal building (as defined in section 551)’’ each
place it appears;
(2) in subparagraph (C), by striking ‘‘; and’’ and inserting
a semicolon;
(3) in subparagraph (D), by striking the period at the
end and inserting a semicolon; and
(4) by adding at the end the following:
‘‘(E) the use, sale, or transfer of any energy and water
incentive, rebate, grid services revenue, or credit (including
a renewable energy certificate); and
‘‘(F) any revenue generated from a reduction in energy
or water use, more efficient waste recycling, or additional
energy generated from more efficient equipment.’’.
(g) ENERGY AND WATER CONSERVATION MEASURES.—Section
543 of the National Energy Conservation Policy Act (42 U.S.C.
8253) is amended—
(1) in the section heading, by inserting ‘‘and water’’ after
‘‘energy’’;
(2) in subsection (b)—
(A) in the subsection heading, by inserting ‘‘AND
WATER’’ after ‘‘ENERGY’’; and
(B) by striking paragraphs (1) and (2) and inserting
the following:
‘‘(1) IN GENERAL.—Each agency shall—
‘‘(A) not later than October 1, 2022, to the maximum
extent practicable, begin installing in Federal buildings
owned by the United States all energy and water conservation measures determined by the Secretary to be life cycle
cost-effective (as defined in subsection (f)(1)); and
‘‘(B) complete the installation described in subparagraph (A) as soon as practicable after the date referred
to in that subparagraph.
‘‘(2) EXPLANATION OF NONCOMPLIANCE.—
‘‘(A) IN GENERAL.—If an agency fails to comply with
paragraph (1), the agency shall submit to the Secretary,
using guidelines developed by the Secretary, an explanation
of the reasons for the failure.
‘‘(B) REPORT TO CONGRESS.—Not later than January
1, 2022, and every 2 years thereafter, the Secretary shall

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Deadline.
Determination.

Guidelines.

PUBL260B

134 STAT. 2424

submit to Congress a report that describes any noncompliance by an agency with the requirements of paragraph
(1).’’;
(3) in subsection (c)(1)—
(A) in subparagraph (A)—
(i) in the matter preceding clause (i), by striking
‘‘An agency’’ and inserting ‘‘The head of each agency’’;
and
(ii) by inserting ‘‘or water’’ after ‘‘energy’’ each
place it appears; and
(B) in subparagraph (B)(i), by inserting ‘‘or water’’ after
‘‘energy’’;
(4) in subsection (d)(2), by inserting ‘‘and water’’ after
‘‘energy’’;
(5) in subsection (e)—
(A) in the subsection heading, by inserting ‘‘AND
WATER’’ after ‘‘ENERGY’’;
(B) in paragraph (1)—
(i) in the first sentence—
(I) by striking ‘‘October 1, 2012’’ and inserting
‘‘October 1, 2022’’;
(II) by inserting ‘‘and water’’ after ‘‘energy’’;
and
(III) by inserting ‘‘and water’’ after ‘‘electricity’’;
(ii) in the second sentence, by inserting ‘‘and water’’
after ‘‘electricity’’; and
(iii) in the fourth sentence, by inserting ‘‘and
water’’ after ‘‘energy’’;
(C) in paragraph (2)—
(i) in subparagraph (A)—
(I) by striking ‘‘and’’ before ‘‘Federal’’; and
(II) by inserting ‘‘and any other person the
Secretary deems necessary,’’ before ‘‘shall’’;
(ii) in subparagraph (B)—
(I) in clause (i)(II), by inserting ‘‘and water’’
after ‘‘energy’’ each place it appears;
(II) in clause (ii), by inserting ‘‘and water’’
after ‘‘energy’’; and
(III) in clause (iv), by inserting ‘‘and water’’
after ‘‘energy’’; and
(iii) by adding at the end the following:
‘‘(C) UPDATE.—Not later than 180 days after the date
of enactment of this subparagraph, the Secretary shall
update the guidelines established under subparagraph (A)
to take into account water efficiency requirements under
this section.’’;
(D) in paragraph (3), in the matter preceding subparagraph (A), by striking ‘‘established under paragraph (2)’’
and inserting ‘‘updated under paragraph (2)(C)’’; and
(E) in paragraph (4)—
(i) in subparagraph (A)—
(I) by striking ‘‘this paragraph’’ and inserting
‘‘the Energy Act of 2020’’; and
(II) by inserting ‘‘and water’’ before ‘‘use in’’;
and

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134 STAT. 2425

(ii) in subparagraph (B)(ii), in the matter preceding
subclause (I), by inserting ‘‘and water’’ after ‘‘energy’’;
and
(6) in subsection (f)—
(A) in paragraph (1)—
(i) by redesignating subparagraphs (E), (F), and
(G) as subparagraphs (F), (G), and (H), respectively;
and
(ii) by inserting after subparagraph (D) the following:
‘‘(E) ONGOING COMMISSIONING.—The term ‘ongoing
commissioning’ means an ongoing process of commissioning
using monitored data, the primary goal of which is to
ensure continuous optimum performance of a facility, in
accordance with design or operating needs, over the useful
life of the facility, while meeting facility occupancy requirements.’’;
(B) in paragraph (2)—
(i) in subparagraph (A), by inserting ‘‘and water’’
before ‘‘use’’;
(ii) in subparagraph (B)—
(I) by striking ‘‘energy’’ before ‘‘efficiency’’; and
(II) by inserting ‘‘or water’’ before ‘‘use’’; and
(iii) by adding at the end the following:
‘‘(C) ENERGY MANAGEMENT SYSTEM.—An energy manager designated for a facility under subparagraph (A) shall
take into consideration—
‘‘(i) the use of a system to manage energy and
water use at the facility; and
‘‘(ii) the applicability of the certification of the
facility in accordance with the International Organization for Standardization standard numbered 50001 and
entitled ‘Energy Management Systems’.’’;
(C) by striking paragraphs (3) and (4) and inserting
the following:
‘‘(3) ENERGY AND WATER EVALUATIONS AND COMMISSIONING.—
‘‘(A) EVALUATIONS.—Except as provided in subparagraph (B), not later than the date that is 180 days after
the date of enactment of the Energy Act of 2020, and
annually thereafter, each energy manager shall complete,
for the preceding calendar year, a comprehensive energy
and
water
evaluation
and
recommissioning
or
retrocommissioning for approximately 25 percent of the
facilities of the applicable agency that meet the criteria
under paragraph (2)(B) in a manner that ensures that
an evaluation of each facility is completed not less frequently than once every 4 years.
‘‘(B) EXCEPTIONS.—An evaluation and recommissioning
or retrocommissioning shall not be required under subparagraph (A) with respect to a facility that, as of the date
on which the evaluation and recommissioning or
retrocommissioning would occur—
‘‘(i) has had a comprehensive energy and water
evaluation during the preceding 8-year period;

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Deadline.
Time period.

Time period.

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134 STAT. 2426

Deadline.

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Evaluation.

PUBLIC LAW 116–260—DEC. 27, 2020

‘‘(ii)(I) has been commissioned, recommissioned, or
retrocommissioned during the preceding 10-year
period; or
‘‘(II) is under ongoing commissioning, recommissioning, or retrocomissioning;
‘‘(iii) has not had a major change in function or
use since the previous evaluation and recommissioning
or retrocommissioning;
‘‘(iv) has been benchmarked with public disclosure
under paragraph (8) during the preceding calendar
year; and
‘‘(v)(I) based on the benchmarking described in
clause (iv), has achieved at a facility level the most
recent cumulative energy savings target under subsection (a) compared to the earlier of—
‘‘(aa) the date of the most recent evaluation;
or
‘‘(bb) the date—
‘‘(AA) of the most recent commissioning,
recommissioning, or retrocommissioning; or
‘‘(BB) on which ongoing commissioning
began; or
‘‘(II) has a long-term contract in place guaranteeing
energy savings at least as great as the energy savings
target under subclause (I).
‘‘(4) IMPLEMENTATION OF IDENTIFIED ENERGY AND WATER
EFFICIENCY MEASURES.—
‘‘(A) IN GENERAL.—Not later than 2 years after the
date of completion of each evaluation under paragraph
(3), each energy manager shall implement any energyor water-saving measure that—
‘‘(i) the Federal agency identified in the evaluation;
and
‘‘(ii) is life cycle cost-effective, as determined by
evaluating an individual measure or a bundle of measures with varying paybacks.
‘‘(B) PERFORMANCE CONTRACTING.—Each Federal
agency shall use performance contracting to address at
least 50 percent of the measures identified under subparagraph (A)(i).’’;
(D) in paragraph (7)(B)(ii)(II), by inserting ‘‘and water’’
after ‘‘energy’’; and
(E) in paragraph (9)(A), in the matter preceding clause
(i), by inserting ‘‘and water’’ after ‘‘energy’’.
(h) CONFORMING AMENDMENT.—The table of contents for the
National Energy Conservation Policy Act (Public Law 95–619; 92
Stat. 3206) is amended by striking the item relating to section
543 and inserting the following:
‘‘Sec. 543. Energy and water management requirements.’’.

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SEC. 1003. ENERGY EFFICIENT DATA CENTERS.

Section 453 of the Energy Independence and Security Act of
2007 (42 U.S.C. 17112) is amended—
(1) in subsection (b)—

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134 STAT. 2427

(A) in paragraph (2)(D)(iv), by striking ‘‘determined
by the organization’’ and inserting ‘‘proposed by the stakeholders’’; and
(B) by striking paragraph (3); and
(2) by striking subsections (c) through (g) and inserting
the following:
‘‘(c) STAKEHOLDER INVOLVEMENT.—
‘‘(1) IN GENERAL.—The Secretary and the Administrator
shall carry out subsection (b) in collaboration with the information technology industry and other key stakeholders, with the
goal of producing results that accurately reflect the most relevant and useful information.
‘‘(2) CONSIDERATIONS.—In carrying out the collaboration
described in paragraph (1), the Secretary and the Administrator
shall pay particular attention to organizations that—
‘‘(A) have members with expertise in energy efficiency
and in the development, operation, and functionality of
data centers, information technology equipment, and software, including representatives of hardware manufacturers, data center operators, and facility managers;
‘‘(B) obtain and address input from the National Laboratories (as that term is defined in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801)) or any institution
of higher education, research institution, industry association, company, or public interest group with applicable
expertise;
‘‘(C) follow—
‘‘(i) commonly accepted procedures for the development of specifications; and
‘‘(ii) accredited standards development processes;
or
‘‘(D) have a mission to promote energy efficiency for
data centers and information technology.
‘‘(d) MEASUREMENTS AND SPECIFICATIONS.—The Secretary and
the Administrator shall consider and assess the adequacy of the
specifications, measurements, best practices, and benchmarks
described in subsection (b) for use by the Federal Energy Management Program, the Energy Star Program, and other efficiency programs of the Department of Energy or the Environmental Protection
Agency.
‘‘(e) STUDY.—
‘‘(1) DEFINITION OF REPORT.—In this subsection, the term
‘report’ means the report of the Lawrence Berkeley National
Laboratory entitled ‘United States Data Center Energy Usage
Report’ and dated June 2016, which was prepared as an update
to the ‘Report to Congress on Server and Data Center Energy
Efficiency’, published on August 2, 2007, pursuant to section
1 of Public Law 109–431 (120 Stat. 2920).
‘‘(2) STUDY.—Not later than 4 years after the date of enactment of the Energy Act of 2020, the Secretary, in collaboration
with the Administrator, shall make available to the public
an update to the report that provides—
‘‘(A) a comparison and gap analysis of the estimates
and projections contained in the report with new data
regarding the period from 2015 through 2019;

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Assessment.

Deadline.
Collaboration.
Public
information.
Update.
Analysis.
Time period.

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134 STAT. 2428
Analysis.

Evaluation.

Evaluation.
Recommendations.
Collaboration.
Evaluation.

Collaboration.

Collaboration.

Collaboration.

PUBLIC LAW 116–260—DEC. 27, 2020

‘‘(B) an analysis considering the impact of information
technologies, including virtualization and cloud computing,
in the public and private sectors;
‘‘(C) an evaluation of the impact of the combination
of cloud platforms, mobile devices, social media, and big
data on data center energy usage;
‘‘(D) an evaluation of water usage in data centers and
recommendations for reductions in that water usage; and
‘‘(E) updated projections and recommendations for best
practices through fiscal year 2025.
‘‘(f) DATA CENTER ENERGY PRACTITIONER PROGRAM.—
‘‘(1) IN GENERAL.—The Secretary, in collaboration with key
stakeholders and the Director of the Office of Management
and Budget, shall maintain a data center energy practitioner
program that provides for the certification of energy practitioners qualified to evaluate the energy usage and efficiency
opportunities in federally owned and operated data centers.
‘‘(2) EVALUATIONS.—Each Federal agency shall consider
having the data centers of the agency evaluated once every
4 years by energy practitioners certified pursuant to the program, whenever practicable using certified practitioners
employed by the agency.
‘‘(g) OPEN DATA INITIATIVE.—
‘‘(1) IN GENERAL.—The Secretary, in collaboration with key
stakeholders and the Director of the Office of Management
and Budget, shall establish an open data initiative relating
to energy usage at federally owned and operated data centers,
with the purpose of making the data available and accessible
in a manner that encourages further data center innovation,
optimization, and consolidation.
‘‘(2) CONSIDERATION.—In establishing the initiative under
paragraph (1), the Secretary shall consider using the online
Data Center Maturity Model.
‘‘(h) INTERNATIONAL SPECIFICATIONS AND METRICS.—The Secretary, in collaboration with key stakeholders, shall actively participate in efforts to harmonize global specifications and metrics for
data center energy and water efficiency.
‘‘(i) DATA CENTER UTILIZATION METRIC.—The Secretary, in
collaboration with key stakeholders, shall facilitate in the development of an efficiency metric that measures the energy efficiency
of a data center (including equipment and facilities).
‘‘(j) PROTECTION OF PROPRIETARY INFORMATION.—The Secretary
and the Administrator shall not disclose any proprietary information or trade secrets provided by any individual or company for
the purposes of carrying out this section or the programs and
initiatives established under this section.’’.

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SEC. 1004. ENERGY-EFFICIENT AND ENERGY-SAVING INFORMATION
TECHNOLOGIES.

Section 543 of the National Energy Conservation Policy Act
(42 U.S.C. 8253) is amended by adding at the end the following:
‘‘(h) FEDERAL IMPLEMENTATION STRATEGY FOR ENERGY-EFFICIENT AND ENERGY-SAVING INFORMATION TECHNOLOGIES.—
‘‘(1) DEFINITIONS.—In this subsection:
‘‘(A) DIRECTOR.—The term ‘Director’ means the
Director of the Office of Management and Budget.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2429

‘‘(B) INFORMATION TECHNOLOGY.—The term ‘information technology’ has the meaning given that term in section
11101 of title 40, United States Code.
‘‘(2) DEVELOPMENT OF IMPLEMENTATION STRATEGY.—Not
later than 1 year after the date of enactment of the Energy
Act of 2020, each Federal agency shall coordinate with the
Director, the Secretary, and the Administrator of the Environmental Protection Agency to develop an implementation
strategy (including best-practices and measurement and
verification techniques) for the maintenance, purchase, and
use by the Federal agency of energy-efficient and energy-saving
information technologies at or for facilities owned and operated
by the Federal agency, taking into consideration the performance goals established under paragraph (4).
‘‘(3) ADMINISTRATION.—In developing an implementation
strategy under paragraph (2), each Federal agency shall consider—
‘‘(A) advanced metering infrastructure;
‘‘(B) energy efficient data center strategies and methods
of increasing asset and infrastructure utilization;
‘‘(C) advanced power management tools;
‘‘(D) building information modeling, including building
energy management;
‘‘(E) secure telework and travel substitution tools; and
‘‘(F) mechanisms to ensure that the agency realizes
the energy cost savings of increased efficiency and utilization.
‘‘(4) PERFORMANCE GOALS.—
‘‘(A) IN GENERAL.—Not later than 180 days after the
date of enactment of the Energy Act of 2020, the Director,
in consultation with the Secretary, shall establish performance goals for evaluating the efforts of Federal agencies
in improving the maintenance, purchase, and use of energyefficient and energy-saving information technology at or
for facilities owned and operated by the Federal agencies.
‘‘(B) BEST PRACTICES.—The Chief Information Officers
Council established under section 3603 of title 44, United
States Code, shall recommend best practices for the attainment of the performance goals established under subparagraph (A), which shall include, to the extent applicable
by law, consideration by a Federal agency of the use of—
‘‘(i) energy savings performance contracting; and
‘‘(ii) utility energy services contracting.
‘‘(5) REPORTS.—
‘‘(A) AGENCY REPORTS.—Each Federal agency shall
include in the report of the agency under section 527 of
the Energy Independence and Security Act of 2007 (42
U.S.C. 17143) a description of the efforts and results of
the agency under this subsection.
‘‘(B) OMB GOVERNMENT EFFICIENCY REPORTS AND
SCORECARDS.—Effective beginning not later than October
1, 2022, the Director shall include in the annual report
and scorecard of the Director required under section 528
of the Energy Independence and Security Act of 2007 (42
U.S.C. 17144) a description of the efforts and results of
Federal agencies under this subsection.

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Coordination.

Deadline.
Consultation.

Recommendation.

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134 STAT. 2430

PUBLIC LAW 116–260—DEC. 27, 2020
‘‘(C) USE OF EXISTING REPORTING STRUCTURES.—The
Director may require Federal agencies to submit any
information required to be submitted under this subsection
though reporting structures in use as of the date of enactment of the Energy Act of 2020.’’.

42 USC 6311
note.

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Deadline.

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SEC. 1005. EXTENDED PRODUCT SYSTEM REBATE PROGRAM.

(a) DEFINITIONS.—In this section:
(1) ELECTRIC MOTOR.—The term ‘‘electric motor’’ has the
meaning given the term in section 431.12 of title 10, Code
of Federal Regulations (as in effect on the date of enactment
of this Act).
(2) ELECTRONIC CONTROL.—The term ‘‘electronic control’’
means—
(A) a power converter; or
(B) a combination of a power circuit and control circuit
included on 1 chassis.
(3) EXTENDED PRODUCT SYSTEM.—The term ‘‘extended
product system’’ means an electric motor and any required
associated electronic control and driven load that—
(A) offers variable speed or multispeed operation;
(B) offers partial load control that reduces input energy
requirements (as measured in kilowatt-hours) as compared
to identified base levels set by the Secretary of Energy
(in this section referred to as the ‘‘Secretary’’); and
(C)(i) has greater than 1 horsepower; and
(ii) uses an extended product system technology, as
determined by the Secretary.
(4) QUALIFIED EXTENDED PRODUCT SYSTEM.—
(A) IN GENERAL.—The term ‘‘qualified extended product
system’’ means an extended product system that—
(i) includes an electric motor and an electronic
control; and
(ii) reduces the input energy (as measured in kilowatt-hours) required to operate the extended product
system by not less than 5 percent, as compared to
identified base levels set by the Secretary.
(B) INCLUSIONS.—The term ‘‘qualified extended product
system’’ includes commercial or industrial machinery or
equipment that—
(i)(I) did not previously make use of the extended
product system prior to the redesign described in subclause (II); and
(II) incorporates an extended product system that
has greater than 1 horsepower into redesigned
machinery or equipment; and
(ii) was previously used prior to, and was placed
back into service during, calendar year 2021 or 2022.
(b) ESTABLISHMENT.—Not later than 180 days after the date
of enactment of this Act, the Secretary shall establish a program
to provide rebates for expenditures made by qualified entities for
the purchase or installation of a qualified extended product system.
(c) QUALIFIED ENTITIES.—
(1) ELIGIBILITY REQUIREMENTS.—A qualified entity under
this section shall be—

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2431

(A) in the case of a qualified extended product system
described in subsection (a)(4)(A), the purchaser of the qualified extended product that is installed; and
(B) in the case of a qualified extended product system
described in subsection (a)(4)(B), the manufacturer of the
commercial or industrial machinery or equipment that
incorporated the extended product system into that
machinery or equipment.
(2) APPLICATION.—To be eligible to receive a rebate under
this section, a qualified entity shall submit to the Secretary—
(A) an application in such form, at such time, and
containing such information as the Secretary may require;
and
(B) a certification that includes demonstrated evidence—
(i) that the entity is a qualified entity; and
(ii)(I) in the case of a qualified entity described
in paragraph (1)(A)—
(aa) that the qualified entity installed the
qualified extended product system during the 2
fiscal years following the date of enactment of
this Act;
(bb) that the qualified extended product
system meets the requirements of subsection
(a)(4)(A); and
(cc) showing the serial number, manufacturer,
and model number from the nameplate of the
installed motor of the qualified entity on which
the qualified extended product system was
installed; or
(II) in the case of a qualified entity described in
paragraph (1)(B), demonstrated evidence—
(aa) that the qualified extended product
system meets the requirements of subsection
(a)(4)(B); and
(bb) showing the serial number, manufacturer,
and model number from the nameplate of the
installed motor of the qualified entity with which
the extended product system is integrated.
(d) AUTHORIZED AMOUNT OF REBATE.—
(1) IN GENERAL.—The Secretary may provide to a qualified
entity a rebate in an amount equal to the product obtained
by multiplying—
(A) an amount equal to the sum of the nameplate
rated horsepower of—
(i) the electric motor to which the qualified
extended product system is attached; and
(ii) the electronic control; and
(B) $25.
(2) MAXIMUM AGGREGATE AMOUNT.—A qualified entity shall
not be entitled to aggregate rebates under this section in excess
of $25,000 per calendar year.
(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $5,000,000 for each
of fiscal years 2022 and 2023.

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134 STAT. 2432
42 USC 6317
note.

SEC. 1006. ENERGY EFFICIENT TRANSFORMER REBATE PROGRAM.

Time periods.

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Deadline.

Determination.
Consultation.

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PUBLIC LAW 116–260—DEC. 27, 2020

(a) DEFINITIONS.—In this section:
(1) QUALIFIED ENERGY EFFICIENT TRANSFORMER.—The term
‘‘qualified energy efficient transformer’’ means a transformer
that meets or exceeds the applicable energy conservation standards described in the tables in subsection (b)(2) and paragraphs
(1) and (2) of subsection (c) of section 431.196 of title 10,
Code of Federal Regulations (as in effect on the date of enactment of this Act).
(2) QUALIFIED ENERGY INEFFICIENT TRANSFORMER.—The
term ‘‘qualified energy inefficient transformer’’ means a transformer with an equal number of phases and capacity to a
transformer described in any of the tables in subsection (b)(2)
and paragraphs (1) and (2) of subsection (c) of section 431.196
of title 10, Code of Federal Regulations (as in effect on the
date of enactment of this Act) that—
(A) does not meet or exceed the applicable energy
conservation standards described in paragraph (1); and
(B)(i) was manufactured between January 1, 1987, and
December 31, 2008, for a transformer with an equal number
of phases and capacity as a transformer described in the
table in subsection (b)(2) of section 431.196 of title 10,
Code of Federal Regulations (as in effect on the date of
enactment of this Act); or
(ii) was manufactured between January 1, 1992, and
December 31, 2011, for a transformer with an equal number
of phases and capacity as a transformer described in the
table in paragraph (1) or (2) of subsection (c) of that section
(as in effect on the date of enactment of this Act).
(3) QUALIFIED ENTITY.—The term ‘‘qualified entity’’ means
an owner of industrial or manufacturing facilities, commercial
buildings, or multifamily residential buildings, a utility, or
an energy service company that fulfills the requirements of
subsection (c).
(b) ESTABLISHMENT.—Not later than 90 days after the date
of enactment of this Act, the Secretary of Energy (in this section
referred to as the ‘‘Secretary’’) shall establish a program to provide
rebates to qualified entities for expenditures made by the qualified
entity for the replacement of a qualified energy inefficient transformer with a qualified energy efficient transformer.
(c) REQUIREMENTS.—To be eligible to receive a rebate under
this section, an entity shall submit to the Secretary an application
in such form, at such time, and containing such information as
the Secretary may require, including demonstrated evidence—
(1) that the entity purchased a qualified energy efficient
transformer;
(2) of the core loss value of the qualified energy efficient
transformer;
(3) of the age of the qualified energy inefficient transformer
being replaced;
(4) of the core loss value of the qualified energy inefficient
transformer being replaced—
(A) as measured by a qualified professional or verified
by the equipment manufacturer, as applicable; or
(B) for transformers described in subsection (a)(2)(B)(i),
as selected from a table of default values as determined

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134 STAT. 2433

by the Secretary in consultation with applicable industry;
and
(5) that the qualified energy inefficient transformer has
been permanently decommissioned and scrapped.
(d) AUTHORIZED AMOUNT OF REBATE.—The amount of a rebate
provided under this section shall be—
(1) for a 3-phase or single-phase transformer with a
capacity of not less than 10 and not greater than 2,500 kilovoltamperes, twice the amount equal to the difference in Watts
between the core loss value (as measured in accordance with
paragraphs (2) and (4) of subsection (c)) of—
(A) the qualified energy inefficient transformer; and
(B) the qualified energy efficient transformer; or
(2) for a transformer described in subsection (a)(2)(B)(i),
the amount determined using a table of default rebate values
by rated transformer output, as measured in kilovolt-amperes,
as determined by the Secretary in consultation with applicable
industry.
(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $5,000,000 for each
of fiscal years 2022 and 2023.
(f) TERMINATION OF EFFECTIVENESS.—The authority provided
by this section terminates on December 31, 2023.

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SEC. 1007. SMART BUILDING ACCELERATION.

42 USC 17064.

(a) DEFINITIONS.—In this section:
(1) DEPARTMENT.—The term ‘‘Department’’ means the
Department of Energy.
(2) PROGRAM.—The term ‘‘program’’ means the Federal
Smart Building Program established under subsection (b)(1).
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Energy.
(4) SMART BUILDING.—The term ‘‘smart building’’ means
a building, or collection of buildings, with an energy system
that—
(A) is flexible and automated;
(B) has extensive operational monitoring and communication connectivity, allowing remote monitoring and analysis of all building functions;
(C) takes a systems-based approach in integrating the
overall building operations for control of energy generation,
consumption, and storage;
(D) communicates with utilities and other third-party
commercial entities, if appropriate;
(E) protects the health and safety of occupants and
workers; and
(F) incorporates cybersecurity best practices.
(5) SMART BUILDING ACCELERATOR.—The term ‘‘smart
building accelerator’’ means an initiative that is designed to
demonstrate specific innovative policies and approaches—
(A) with clear goals and a clear timeline; and
(B) that, on successful demonstration, would accelerate
investment in energy efficiency.
(b) FEDERAL SMART BUILDING PROGRAM.—
(1) ESTABLISHMENT.—Not later than 1 year after the date
of enactment of this Act, the Secretary shall, in consultation

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134 STAT. 2434

with the Administrator of General Services, establish a program
to be known as the ‘‘Federal Smart Building Program’’—
(A) to implement smart building technology; and
(B) to demonstrate the costs and benefits of smart
buildings.
(2) SELECTION.—
(A) IN GENERAL.—The Secretary shall coordinate the
selection of not fewer than 1 building from among each
of several key Federal agencies, as described in paragraph
(4), to compose an appropriately diverse set of smart
buildings based on size, type, and geographic location.
(B)
INCLUSION
OF
COMMERCIALLY
OPERATED
BUILDINGS.—In making selections under subparagraph (A),
the Secretary may include buildings that are owned by
the Federal Government but are commercially operated.
(3) TARGETS.—Not later than 18 months after the date
of enactment of this Act, the Secretary shall establish targets
for the number of smart buildings to be commissioned and
evaluated by key Federal agencies by 3 years and 6 years
after the date of enactment of this Act.
(4) FEDERAL AGENCY DESCRIBED.—The key Federal agencies
referred to paragraph (2)(A) shall include buildings operated
by—
(A) the Department of the Army;
(B) the Department of the Navy;
(C) the Department of the Air Force;
(D) the Department;
(E) the Department of the Interior;
(F) the Department of Veterans Affairs; and
(G) the General Services Administration.
(5) REQUIREMENT.—In implementing the program, the Secretary shall leverage existing financing mechanisms including
energy savings performance contracts, utility energy service
contracts, and annual appropriations.
(6) EVALUATION.—Using the guidelines of the Federal
Energy Management Program relating to whole-building
evaluation, measurement, and verification, the Secretary shall
evaluate the costs and benefits of the buildings selected under
paragraph (2), including an identification of—
(A) which advanced building technologies—
(i) are most cost-effective; and
(ii) show the most promise for—
(I) increasing building energy savings;
(II) increasing service performance to building
occupants;
(III) reducing environmental impacts; and
(IV) establishing cybersecurity; and
(B) any other information the Secretary determines
to be appropriate.
(7) AWARDS.—The Secretary may expand awards made
under the Federal Energy Management Program and the Better
Building Challenge to recognize specific agency achievements
in accelerating the adoption of smart building technologies.
(c) SURVEY OF PRIVATE SECTOR SMART BUILDINGS.—
(1) SURVEY.—The Secretary shall conduct a survey of privately owned smart buildings throughout the United States,
including commercial buildings, laboratory facilities, hospitals,

Coordination.

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Time period.

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multifamily residential buildings, and buildings owned by nonprofit organizations and institutions of higher education.
(2) SELECTION.—From among the smart buildings surveyed
under paragraph (1), the Secretary shall select not fewer than
1 building each from an appropriate range of building sizes,
types, and geographic locations.
(3) EVALUATION.—Using the guidelines of the Federal
Energy Management Program relating to whole-building
evaluation, measurement, and verification, the Secretary shall
evaluate the costs and benefits of the buildings selected under
paragraph (2), including an identification of—
(A) which advanced building technologies and systems—
(i) are most cost-effective; and
(ii) show the most promise for—
(I) increasing building energy savings;
(II) increasing service performance to building
occupants;
(III) reducing environmental impacts; and
(IV) establishing cybersecurity; and
(B) any other information the Secretary determines
to be appropriate.
(d) BETTER BUILDING CHALLENGE.—As part of the Better
Building Challenge of the Department, the Secretary, in consultation with major private sector property owners, shall develop smart
building accelerators to demonstrate innovative policies and
approaches that will accelerate the transition to smart buildings
in the public, institutional, and commercial buildings sectors.
(e) RESEARCH AND DEVELOPMENT ON INTEGRATING BUILDINGS
ONTO THE ELECTRIC GRID.—
(1) IN GENERAL.—Subtitle B of title IV of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17081 et
seq.) is amended by adding at the end the following:

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‘‘SEC. 426. ADVANCED INTEGRATION OF BUILDINGS ONTO THE ELECTRIC GRID.

Consultation.

42 USC 17086.

‘‘(a) IN GENERAL.—The Secretary shall establish a program
of research, development, and demonstration to enable components
of commercial and residential buildings to serve as dynamic energy
loads on and resources for the electric grid. The program shall
focus on—
‘‘(1) developing low-cost, low power, wireless sensors to—
‘‘(A) monitor building energy load;
‘‘(B) forecast building energy need; and
‘‘(C) enable building-level energy control;
‘‘(2) developing data management capabilities and standard
communication protocols to further interoperability at the
building and grid-level;
‘‘(3) developing advanced building-level energy management of components through integration of smart technologies,
control systems, and data processing, to enable energy efficiency
and savings;
‘‘(4) optimizing energy consumption at the building level
to enable grid stability and resilience;
‘‘(5) improving visualization of behind the meter equipment
and technologies to provide better insight into the energy needs
and energy forecasts of individual buildings;

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134 STAT. 2436

Assessments.

Guidelines.

Time period.

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Time period.

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‘‘(6) reducing the cost of key components to accelerate the
adoption of smart building technologies;
‘‘(7) protecting against cybersecurity threats and addressing
security vulnerabilities of building systems or equipment; and
‘‘(8) other areas determined appropriate by the Secretary.
‘‘(b) CONSIDERATIONS.—In carrying out the program under subsection (a), the Secretary shall—
‘‘(1) work with utility partners, building owners, technology
vendors, and building developers to test and validate technologies and encourage the commercial application of these
technologies by building owners; and
‘‘(2) consider the specific challenges of enabling greater
interaction between components of—
‘‘(A) small- and medium-sized buildings and the electric
grid; and
‘‘(B) residential and commercial buildings and the electric grid.
‘‘(c) BUILDINGS-TO-GRID INTEGRATION REPORT.—Not later than
1 year after the enactment of this section, the Secretary shall
submit to the Committee on Science, Space, and Technology and
the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of
the Senate a report on the results of a study that examines the
research, development, and demonstration opportunities, challenges, and standards needed to enable components of commercial
and residential buildings to serve as dynamic energy loads on
and resources for the electric grid.
‘‘(1) REPORT REQUIREMENTS.—The report shall include—
‘‘(A) an assessment of the technologies needed to enable
building components as dynamic loads on and resources
for the electric grid, including how such technologies can
be—
‘‘(i) incorporated into new commercial and residential buildings; and
‘‘(ii) retrofitted in older buildings;
‘‘(B) guidelines for the design of new buildings and
building components to enable modern grid interactivity
and improve energy efficiency;
‘‘(C) an assessment of barriers to the adoption by
building owners of advanced technologies enabling greater
integration of building components onto the electric grid;
and
‘‘(D) an assessment of the feasibility of adopting technologies developed under subsection (a) at Department
facilities.
‘‘(2) RECOMMENDATIONS.—As part of the report, the Secretary shall develop a 10-year roadmap to guide the research,
development, and demonstration program to enable components
of commercial and residential buildings to serve as dynamic
energy loads on and resources for the electric grid.
‘‘(3) UPDATES.—The Secretary shall update the report
required under this section every 3 years for the duration
of the program under subsection (a) and shall submit the
updated report to the Committee on Science, Space, and Technology and the Committee on Energy and Commerce of the
House of Representatives and the Committee on Energy and
Natural Resources of the Senate.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2437

‘‘(d) PROGRAM IMPLEMENTATION.—In carrying out this section,
the Secretary shall—
‘‘(1) implement the recommendations from the report in
subsection (c); and
‘‘(2) coordinate across all relevant program offices at the
Department to achieve the goals established in this section,
including the Office of Electricity.’’.
(2) CONFORMING AMENDMENT.—The table of contents for
the Energy Independence and Security Act of 2007 is amended
by adding after the item relating to section 425 the following:

Coordination.

‘‘Sec. 426. Advanced integration of buildings onto the electric grid.’’.

(f) REPORT.—Not later than 2 years after the date of enactment
of this Act, and every 2 years thereafter until a total of 3 reports
have been made, the Secretary shall submit to the Committee
on Energy and Natural Resources of the Senate and the Committee
on Energy and Commerce and the Committee on Science, Space,
and Technology of the House of Representatives a report on—
(1) the establishment of the Federal Smart Building Program and the evaluation of Federal smart buildings under
subsection (b);
(2) the survey and evaluation of private sector smart
buildings under subsection (c); and
(3) any recommendations of the Secretary to further accelerate the transition to smart buildings.

Time period.

Survey.
Evaluation.
Recommendation.

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SEC. 1008. MODIFICATIONS TO THE CEILING FAN ENERGY CONSERVATION STANDARD.

(a) IN GENERAL.—Section 325(ff)(6) of the Energy Policy and
Conservation Act (42 U.S.C. 6295(ff)(6)) is amended by adding at
the end the following:
‘‘(C)(i) Large-diameter ceiling fans manufactured on or after
January 21, 2020, shall—
‘‘(I) not be required to meet minimum ceiling fan efficiency
in terms of ratio of the total airflow to the total power consumption as described in the final rule titled ‘Energy Conservation
Program: Energy Conservation Standards for Ceiling Fans’ (82
Fed. Reg. 6826 (January 19, 2017)); and
‘‘(II) have a CFEI greater than or equal to—
‘‘(aa) 1.00 at high speed; and
‘‘(bb) 1.31 at 40 percent speed or the nearest speed
that is not less than 40 percent speed.
‘‘(ii) For purposes of this subparagraph, the term ‘CFEI’ means
the Fan Energy Index for large-diameter ceiling fans, calculated
in accordance with ANSI/AMCA Standard 208–18 titled ‘Calculation
of the Fan Energy Index’, with the following modifications:
‘‘(I) Using an Airflow Constant (Q0) of 26,500 cubic feet
per minute.
‘‘(II) Using a Pressure Constant (P0) of 0.0027 inches water
gauge.
‘‘(III) Using a Fan Efficiency Constant (η0) of 42 percent.’’.
(b) REVISION.—For purposes of section 325(m) of the Energy
Policy and Conservation Act (42 U.S.C. 6295(m)), the standard
established in section 325(ff)(6)(C) of such Act (as added by subsection (a) of this section) shall be treated as if such standard
was issued on January 19, 2017.

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Manufactured
date.

Definition.

42 USC 6295
note.

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134 STAT. 2438

PUBLIC LAW 116–260—DEC. 27, 2020

SEC. 1009. REPORT ON ELECTROCHROMIC GLASS.

Collaboration.

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42 USC 16183.

(a) DEFINITION OF ELECTROCHROMIC GLASS.—In this section,
the term ‘‘electrochromic glass’’ means glass that uses electricity
to change the light transmittance properties of the glass to heat
or cool a structure.
(b) REPORT.—Not later than 1 year after the date of enactment
of this Act, the Secretary of Energy, in collaboration with the
heads of other relevant agencies, shall submit to the Committee
on Energy and Natural Resources of the Senate and the Committee
on Energy and Commerce of the House of Representatives a report
that addresses the benefits of electrochromic glass, including the
following:
(1) Reductions in energy consumption in commercial
buildings, especially peak cooling load reduction and annual
energy bill savings.
(2) Benefits in the workplace, especially visual comfort
and employee health.
(3) Benefits of natural light in hospitals for patients and
staff, especially accelerated patient healing and recovery time.
SEC. 1010. ENERGY AND WATER FOR SUSTAINABILITY.

(a) NEXUS OF ENERGY AND WATER FOR SUSTAINABILITY.—
(1) DEFINITIONS.—In this section:
(A) DEPARTMENT.—The term ‘‘Department’’ means the
Department of Energy.
(B) ENERGY-WATER NEXUS.—The term ‘‘energy-water
nexus’’ means the links between—
(i) the water needed to produce fuels, electricity,
and other forms of energy; and
(ii) the energy needed to transport, reclaim, and
treat water and wastewater.
(C) INTERAGENCY RD&D COORDINATION COMMITTEE.—
The term ‘‘Interagency RD&D Coordination Committee’’
means the Interagency RD&D Coordination Committee on
the Nexus of Energy and Water for Sustainability (or the
‘‘NEWS RD&D Committee’’) established under paragraph
(3)(A).
(D) NEXUS OF ENERGY AND WATER SUSTAINABILITY RD&D
OFFICE; NEWS RD&D OFFICE.—The term ‘‘Nexus of Energy
and Water Sustainability RD&D Office’’ or the ‘‘NEWS
RD&D Office’’ means an office located at the Department
and managed in cooperation with the Department of the
Interior pursuant to an agreement between the 2 agencies
to carry out leadership and administrative functions for
the Interagency RD&D Coordination Committee.
(E) RD&D.—The term ‘‘RD&D’’ means research,
development, and demonstration.
(F) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Energy.
(2) STATEMENT OF POLICY.—Recognizing States’ primacy
over allocation and administration of water resources (except
in specific instances where preempted under Federal law) and
the siting of energy infrastructure within State boundaries
on non-Federal lands, it is the national policy that the Federal
government, in all energy-water nexus management activities,
shall maximize coordination and consultation among Federal

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2439

agencies and with State and local governments, and disseminate information to the public in the most effective manner.
(3) INTERAGENCY RD&D COORDINATION COMMITTEE.—
(A) ESTABLISHMENT.—Not later than 180 days after
the date of enactment of this Act, the Secretary and the
Secretary of the Interior shall establish the joint NEWS
RD&D Office and Interagency RD&D Coordination Committee on the Nexus of Energy and Water for Sustainability
(or the ‘‘NEWS RD&D Committee’’) to carry out the duties
described in subparagraph (C).
(B) ADMINISTRATION.—
(i) CHAIRS.—The Secretary and the Secretary of
the Interior shall jointly manage the NEWS RD&D
Office and serve as co-chairs of the Interagency RD&D
Coordination Committee.
(ii) MEMBERSHIP; STAFFING.—Membership and
staffing shall be determined by the co-chairs.
(C) DUTIES.—The Interagency RD&D Coordination
Committee shall—
(i) serve as a forum for developing common Federal
goals and plans on energy-water nexus RD&D activities, in coordination with the National Science and
Technology Council;
(ii) not later than 1 year after the date of enactment of this Act, and biennially thereafter, issue a
strategic plan on energy-water nexus RD&D activities,
priorities, and objectives pursuant to subparagraph (D),
which shall be developed in consultation with relevant
State and local governments;
(iii) convene and promote coordination of RD&D
activities of relevant Federal departments and agencies
on energy-water nexus;
(iv)(I) coordinate and develop capabilities and
methodologies related to RD&D activities for data
collection, data communication protocols (including
models and modeling results), data management, and
dissemination of validated data and results related
to energy-water nexus RD&D activities to requesting
Federal departments and agencies; and
(II) promote information exchange between Federal
departments and agencies—
(aa) to identify and document Federal and nonFederal RD&D programs and funding opportunities that support basic and applied RD&D proposals to advance energy-water nexus related
science and technologies;
(bb) to leverage existing RD&D programs by
encouraging joint solicitations, block grants, and
matching programs with non-Federal entities; and
(cc) to identify opportunities for domestic and
international public-private partnerships, innovative financing mechanisms, and information and
data exchange with respect to RD&D activities;
(v) identify ways to leverage existing RD&D programs, including programs at the State and local level;
(vi) make publicly available the results of RD&D
activities on the energy water nexus;

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Deadline.
Strategic plan.
Consultation.

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134 STAT. 2440

(vii) with regard to RD&D programs, recommend
improvements and best practices for the collection and
dissemination of federal water use data and the use
of monitoring networks; and
(viii) promote coordination on RD&D with nonFederal interests by—
(I) consulting with representatives of research
and academic institutions, State, local, and Tribal
governments, public utility commissions, and
industry, who have expertise in technologies,
technological innovations, or practices relating to
the energy-water nexus; and
(II) considering conducting technical workshops.
(D) STRATEGIC PLAN.—In developing the strategic plan
pursuant to (C)(ii), the Interagency RD&D Coordination
Committee shall—
(i) to the maximum extent possible, avoid duplication with other Federal RD&D programs, and projects,
including with those of the National Laboratories;
(ii) consider inclusion of specific research, development and demonstration needs, including—
(I) innovative practices, technologies and other
advancements improving water efficiency, treatment, recovery, or reuse associated with energy
generation, including cooling, and fuel production;
(II) innovative practices, technologies and
other advancements associated with energy use
in water collection, supply, delivery, distribution,
treatment, or reuse;
(III) innovative practices, technologies and
other advancements associated with generation or
production of energy from water or wastewater
systems; and
(IV) modeling and systems analysis related
to energy-water nexus; and
(iii) submit the plan to the Committee on Energy
and Natural Resources of the Senate and the Committees on Science, Space, and Technology, Energy and
Commerce, and Natural Resources of the House of
Representatives.
(E) RULES OF CONSTRUCTION.—
(i) Nothing in this section grants to the Interagency
RD&D Coordination Committee the authority to
promulgate regulations or set standards.
(ii) Notwithstanding any other provision of law,
nothing in this section shall be construed to require
State, Tribal, or local governments to take any action
that may result in an increased financial burden to
such governments.
(F) ADDITIONAL PARTICIPATION.—In developing the
strategic plan described in subparagraph (C)(ii), the Secretary shall consult and coordinate with a diverse group
of representatives from research and academic institutions,
industry, public utility commissions, and State and local
governments who have expertise in technologies and practices relating to the energy-water nexus.

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Consultation.
Coordination.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2441

(G) REVIEW; REPORT.—At the end of the 5-year period
beginning on the date on which the Interagency RD&D
Coordination Committee and NEWS RD&D Office are
established, the NEWS RD&D Office shall—
(i) review the activities, relevance, and effectiveness of the Interagency RD&D Coordination Committee; and
(ii) submit to the Committee on Energy and Natural Resources of the Senate and the Committees on
Science, Space, and Technology, Energy and Commerce, and Natural Resources of the House of Representatives a report that—
(I) describes the results of the review conducted under clause (i); and
(II) includes a recommendation on whether
the Interagency RD&D Coordination Committee
should continue.
(4) CROSSCUT BUDGET.—Not later than 30 days after the
President submits the budget of the United States Government
under section 1105 of title 31, United States Code, the cochairs of the Interagency RD&D Coordination Committee
(acting through the NEWS RD&D Office) shall submit to the
Committee on Energy and Natural Resources of the Senate
and the Committees on Science, Space, and Technology, Energy
and Commerce, and Natural Resources of the House of Representatives, an interagency budget crosscut report that displays at the program-, project-, and activity-level for each of
the Federal agencies that carry out or support (including
through grants, contracts, interagency and intraagency transfers, and multiyear and no-year funds) basic and applied RD&D
activities to advance the energy-water nexus related science
and technologies, including—
(A) the budget proposed in the budget request of the
President for the upcoming fiscal year;
(B) expenditures and obligations for the prior fiscal
year; and
(C) estimated expenditures and obligations for the current fiscal year.
(5) TERMINATION.—
(A) IN GENERAL.—The authority provided to the NEWS
RD&D Office and NEWS RD&D Committee under this
subsection shall terminate on the date that is 7 years
after the date of enactment of this Act.
(B) EFFECT.—The termination of authority under
subparagraph (A) shall not affect ongoing interagency planning, coordination, or other RD&D activities relating to
the energy-water nexus.
(b) INTEGRATING ENERGY AND WATER RESEARCH.—The Secretary shall integrate the following considerations into energy
RD&D programs and projects of the Department by—
(1) advancing RD&D for energy and energy efficiency technologies and practices that meet the objectives of—
(A) minimizing freshwater withdrawal and consumption;
(B) increasing water use efficiency; and
(C) utilizing nontraditional water sources;

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Recommendation.
Deadline.

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134 STAT. 2442

PUBLIC LAW 116–260—DEC. 27, 2020

(2) considering the effects climate variability may have
on water supplies and quality for energy generation and fuel
production; and
(3) improving understanding of the energy-water nexus
(as defined in subsection (a)(1)).
(c) ADDITIONAL ACTIVITIES.—The Secretary may provide for
such additional RD&D activities as appropriate to integrate the
considerations described in subsection (b) into the RD&D activities
of the Department.
SEC. 1011. WEATHERIZATION ASSISTANCE PROGRAM.

(a) REAUTHORIZATION OF WEATHERIZATION ASSISTANCE PROGRAM.—Section 422 of the Energy Conservation and Production
Act (42 U.S.C. 6872) is amended by striking paragraphs (1) through
(5) and inserting the following:
‘‘(1) $330,000,000 for fiscal year 2021; and
‘‘(2) $350,000,000 for each of fiscal years 2022 through
2025.’’.
(b) MODERNIZING THE DEFINITION OF WEATHERIZATION MATERIALS.—Section 412(9)(J) of the Energy Conservation and Production Act (42 U.S.C. 6862(9)(J)) is amended—
(1) by inserting ‘‘, including renewable energy technologies
and other advanced technologies,’’ after ‘‘devices or technologies’’; and
(2) by striking ‘‘, the Secretary of Agriculture, and the
Director of the Community Services Administration’’.
(c) CONSIDERATION OF HEALTH BENEFITS.—Section 413(b) of
the Energy Conservation and Production Act (42 U.S.C. 6863(b))
is amended—
(1) in paragraph (3)—
(A) by striking ‘‘and with the Director of the Community Services Administration’’;
(B) by inserting ‘‘and by’’ after ‘‘in carrying out this
part,’’; and
(C) by striking ‘‘, and the Director of the Community
Services Administration in carrying out weatherization programs under section 222(a)(12) of the Economic Opportunity Act of 1964’’;
(2) by redesignating paragraphs (4) through (6) as paragraphs (5) through (7), respectively; and
(3) by inserting after paragraph (3), the following:
‘‘(4) The Secretary may amend the regulations prescribed under
paragraph (1) to provide that the standards described in paragraph
(2)(A) take into consideration improvements in the health and safety
of occupants of dwelling units, and other non-energy benefits, from
weatherization.’’.
(d) CONTRACTOR OPTIMIZATION.—
(1) IN GENERAL.—The Energy Conservation and Production
Act is amended by inserting after section 414B (42 U.S.C.
6864b) the following:

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42 USC 6864c.

‘‘SEC. 414C. CONTRACTOR OPTIMIZATION.

‘‘(a) IN GENERAL.—The Secretary may request that entities
receiving funding from the Federal Government or from a State
through a weatherization assistance program under section 413
or section 414 perform periodic reviews of the use of private contractors in the provision of weatherization assistance, and encourage
expanded use of contractors as appropriate.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2443

‘‘(b) USE OF TRAINING FUNDS.—Entities described in subsection
(a) may use funding described in such subsection to train private,
non-Federal entities that are contracted to provide weatherization
assistance under a weatherization program, in accordance with
rules determined by the Secretary.’’.
(2) TABLE OF CONTENTS AMENDMENT.—The table of contents
for the Energy Conservation and Production Act is amended
by inserting after the item relating to section 414B the following:
‘‘Sec. 414C. Contractor optimization.’’.

(e) FINANCIAL ASSISTANCE FOR WAP ENHANCEMENT AND
INNOVATION.—
(1) IN GENERAL.—The Energy Conservation and Production
Act is amended by inserting after section 414C (as added by
subsection (d) of this section) the following:

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‘‘SEC. 414D. FINANCIAL ASSISTANCE FOR WAP ENHANCEMENT AND
INNOVATION.

42 USC 6864d.

‘‘(a) PURPOSES.—The purposes of this section are—
‘‘(1) to expand the number of dwelling units that are occupied by low-income persons that receive weatherization assistance by making such dwelling units weatherization-ready;
‘‘(2) to promote the deployment of renewable energy in
dwelling units that are occupied by low-income persons;
‘‘(3) to ensure healthy indoor environments by enhancing
or expanding health and safety measures and resources available to dwellings that are occupied by low-income persons;
‘‘(4) to disseminate new methods and best practices among
entities providing weatherization assistance; and
‘‘(5) to encourage entities providing weatherization assistance to hire and retain employees who are individuals—
‘‘(A) from the community in which the assistance is
provided; and
‘‘(B) from communities or groups that are underrepresented in the home energy performance workforce,
including religious and ethnic minorities, women, veterans,
individuals with disabilities, and individuals who are
socioeconomically disadvantaged.
‘‘(b) FINANCIAL ASSISTANCE.—The Secretary shall, to the extent
funds are made available, award financial assistance, on an annual
basis, through a competitive process to entities receiving funding
from the Federal Government or from a State, tribal organization,
or unit of general purpose local government through a weatherization program under section 413 or section 414, or to nonprofit
entities, to be used by such an entity—
‘‘(1) with respect to dwelling units that are occupied by
low-income persons, to—
‘‘(A) implement measures to make such dwelling units
weatherization-ready by addressing structural, plumbing,
roofing, and electrical issues, environmental hazards, or
other measures that the Secretary determines to be appropriate;
‘‘(B) install energy efficiency technologies, including
home energy management systems, smart devices, and
other technologies the Secretary determines to be appropriate;

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PUBLIC LAW 116–260—DEC. 27, 2020

‘‘(C) install renewable energy systems (as defined in
section 415(c)(6)(A)); and
‘‘(D) implement measures to ensure healthy indoor
environments by improving indoor air quality, accessibility,
and other healthy homes measures as determined by the
Secretary;
‘‘(2) to improve the capability of the entity—
‘‘(A) to significantly increase the number of energy
retrofits performed by such entity;
‘‘(B) to replicate best practices for work performed
pursuant to this section on a larger scale;
‘‘(C) to leverage additional funds to sustain the provision of weatherization assistance and other work performed
pursuant to this section after financial assistance awarded
under this section is expended; and
‘‘(D) to hire and retain employees who are individuals
described subsection (a)(5);
‘‘(3) for innovative outreach and education regarding the
benefits and availability of weatherization assistance and other
assistance available pursuant to this section;
‘‘(4) for quality control of work performed pursuant to this
section;
‘‘(5) for data collection, measurement, and verification with
respect to such work;
‘‘(6) for program monitoring, oversight, evaluation, and
reporting regarding such work;
‘‘(7) for labor, training, and technical assistance relating
to such work;
‘‘(8) for planning, management, and administration (up to
a maximum of 15 percent of the assistance provided); and
‘‘(9) for such other activities as the Secretary determines
to be appropriate.
‘‘(c) AWARD FACTORS.—In awarding financial assistance under
this section, the Secretary shall consider—
‘‘(1) the applicant’s record of constructing, renovating,
repairing, or making energy efficient single-family, multifamily,
or manufactured homes that are occupied by low-income persons, either directly or through affiliates, chapters, or other
partners (using the most recent year for which data are available);
‘‘(2) the number of dwelling units occupied by low-income
persons that the applicant has built, renovated, repaired,
weatherized, or made more energy efficient in the 5 years
preceding the date of the application;
‘‘(3) the qualifications, experience, and past performance
of the applicant, including experience successfully managing
and administering Federal funds;
‘‘(4) the strength of an applicant’s proposal to achieve one
or more of the purposes under subsection (a);
‘‘(5) the extent to which such applicant will utilize partnerships and regional coordination to achieve one or more of the
purposes under subsection (a);
‘‘(6) regional and climate zone diversity;
‘‘(7) urban, suburban, and rural localities; and
‘‘(8) such other factors as the Secretary determines to be
appropriate.
‘‘(d) APPLICATIONS.—

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134 STAT. 2445

‘‘(1) ADMINISTRATION.—To be eligible for an award of financial assistance under this section, an applicant shall submit
to the Secretary an application in such manner and containing
such information as the Secretary may require.
‘‘(2) AWARDS.—Subject to the availability of appropriations,
not later than 270 days after the date of enactment of this
section, the Secretary shall make a first award of financial
assistance under this section.
‘‘(e) MAXIMUM AMOUNT AND TERM.—
‘‘(1) IN GENERAL.—The total amount of financial assistance
awarded to an entity under this section shall not exceed
$2,000,000.
‘‘(2) TECHNICAL AND TRAINING ASSISTANCE.—The total
amount of financial assistance awarded to an entity under
this section shall be reduced by the cost of any technical and
training assistance provided by the Secretary that relates to
such financial assistance.
‘‘(3) TERM.—The term of an award of financial assistance
under this section shall not exceed 3 years.
‘‘(4) RELATIONSHIP TO FORMULA GRANTS.—An entity may
use financial assistance awarded to such entity under this
section in conjunction with other financial assistance provided
to such entity under this part.
‘‘(f) REQUIREMENTS.—Not later than 90 days after the date
of enactment of this section, the Secretary shall issue requirements
to implement this section, including, for entities receiving financial
assistance under this section—
‘‘(1) standards for allowable expenditures;
‘‘(2) a minimum saving-to-investment ratio; and
‘‘(3) standards for—
‘‘(A) training programs;
‘‘(B) energy audits;
‘‘(C) the provision of technical assistance;
‘‘(D) monitoring activities carried out using such financial assistance;
‘‘(E) verification of energy and cost savings;
‘‘(F) liability insurance requirements; and
‘‘(G) recordkeeping and reporting requirements, which
shall include reporting to the Office of Weatherization and
Intergovernmental Programs of the Department of Energy
applicable data on each dwelling unit retrofitted or otherwise assisted pursuant to this section.
‘‘(g) COMPLIANCE WITH STATE AND LOCAL LAW.—Nothing in
this section supersedes or otherwise affects any State or local law,
to the extent that the State or local law contains a requirement
that is more stringent than the applicable requirement of this
section.
‘‘(h) REVIEW AND EVALUATION.—The Secretary shall review and
evaluate the performance of each entity that receives an award
of financial assistance under this section (which may include an
audit).
‘‘(i) ANNUAL REPORT.—The Secretary shall submit to Congress
an annual report that provides a description of—
‘‘(1) actions taken under this section to achieve the purposes
of this section; and
‘‘(2) accomplishments as a result of such actions, including
energy and cost savings achieved.

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Deadline.

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PUBLIC LAW 116–260—DEC. 27, 2020

‘‘(j) FUNDING.—
‘‘(1) AMOUNTS.—
‘‘(A) IN GENERAL.—For each of fiscal years 2021
through 2025, of the amount made available under section
422 for such fiscal year to carry out the weatherization
program under this part (not including any of such amount
made available for Department of Energy headquarters
training or technical assistance), not more than—
‘‘(i) 2 percent of such amount (if such amount
is $225,000,000 or more but less than $260,000,000)
may be used to carry out this section;
‘‘(ii) 4 percent of such amount (if such amount
is $260,000,000 or more but less than $300,000,000)
may be used to carry out this section; and
‘‘(iii) 6 percent of such amount (if such amount
is $300,000,000 or more) may be used to carry out
this section.
‘‘(B) MINIMUM.—For each of fiscal years 2021 through
2025, if the amount made available under section 422
(not including any of such amount made available for
Department of Energy headquarters training or technical
assistance) for such fiscal year is less than $225,000,000,
no funds shall be made available to carry out this section.
‘‘(2) LIMITATION.—For any fiscal year, the Secretary may
not use more than $25,000,000 of the amount made available
under section 422 to carry out this section.
‘‘(k) TERMINATION.—The Secretary may not award financial
assistance under this section after September 30, 2025.’’.
(2) TABLE OF CONTENTS.—The table of contents for the
Energy Conservation and Production Act is amended by
inserting after the item relating to section 414C the following:

Time period.

‘‘Sec. 414D. Financial assistance for WAP enhancement and innovation.’’.

(f) HIRING.—
(1) IN GENERAL.—The Energy Conservation and Production
Act is amended by inserting after section 414D (as added by
subsection (e) of this section) the following:
42 USC 6864e.

‘‘SEC. 414E. HIRING.

Determination.

‘‘The Secretary may, as the Secretary determines appropriate,
encourage entities receiving funding from the Federal Government
or from a State through a weatherization program under section
413 or section 414, to prioritize the hiring and retention of
employees who are individuals described in section 414D(a)(5).’’.
(2) TABLE OF CONTENTS.—The table of contents for the
Energy Conservation and Production Act is amended by
inserting after the item relating to section 414D the following:

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‘‘Sec. 414E. Hiring.’’.

(g) INCREASE IN ADMINISTRATIVE FUNDS.—Section 415(a)(1) of
the Energy Conservation and Production Act (42 U.S.C. 6865(a)(1))
is amended by striking ‘‘10 percent’’ and inserting ‘‘15 percent’’.
(h) AMENDING RE-WEATHERIZATION DATE.—Paragraph (2) of section 415(c) of the Energy Conservation and Production Act (42
U.S.C. 6865(c)) is amended to read as follows:
‘‘(2) Dwelling units weatherized (including dwelling units partially weatherized) under this part, or under other Federal programs

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134 STAT. 2447

(in this paragraph referred to as ‘previous weatherization’), may
not receive further financial assistance for weatherization under
this part until the date that is 15 years after the date such previous
weatherization was completed. This paragraph does not preclude
dwelling units that have received previous weatherization from
receiving assistance and services (including the provision of information and education to assist with energy management and evaluation of the effectiveness of installed weatherization materials) other
than weatherization under this part or under other Federal programs, or from receiving non-Federal assistance for weatherization.’’.
(i) ANNUAL REPORT.—Section 421 of the Energy Conservation
and Production Act (42 U.S.C. 6871) is amended by inserting ‘‘the
number of multifamily buildings in which individual dwelling units
were weatherized during the previous year, the number of individual dwelling units in multifamily buildings weatherized during
the previous year,’’ after ‘‘the average size of the dwellings being
weatherized,’’.
(j) REPORT ON WAIVERS.—Not later than 180 days after the
date of enactment of this Act, the Secretary of Energy shall submit
to Congress a report on the status of any request made after
September 30, 2010, for a waiver of any requirement under section
200.313 of title 2, Code of Federal Regulations, as such requirement
applies with respect to the weatherization assistance program under
part A of title IV of the Energy Conservation and Production Act
(42 U.S.C. 6861 et seq.), including a description of any such waiver
that has been granted and any such request for a waiver that
has been considered but not granted.

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SEC. 1012. FEDERAL ENERGY MANAGEMENT PROGRAM.

Section 543 of the National Energy Conservation Policy Act
(42 U.S.C. 8253) is further amended by adding at the end the
following:
‘‘(i) FEDERAL ENERGY MANAGEMENT PROGRAM.—
‘‘(1) IN GENERAL.—The Secretary shall carry out a program,
to be known as the ‘Federal Energy Management Program’
(referred to in this subsection as the ‘Program’), to facilitate
the implementation by the Federal Government of cost-effective
energy and water management and energy-related investment
practices—
‘‘(A) to coordinate and strengthen Federal energy and
water resilience; and
‘‘(B) to promote environmental stewardship.
‘‘(2) FEDERAL DIRECTOR.—The Secretary shall appoint an
individual to serve as the director of the Program (referred
to in this subsection as the ‘Federal Director’), which shall
be a career position in the Senior Executive service, to administer the Program.
‘‘(3) PROGRAM ACTIVITIES.—
‘‘(A) STRATEGIC PLANNING AND TECHNICAL ASSISTANCE.—In administering the Program, the Federal Director
shall—
‘‘(i) provide technical assistance and project
implementation support and guidance to agencies to
identify, implement, procure, and track energy and
water conservation measures required under this Act
and under other provisions of law;

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Appointment.

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134 STAT. 2448

‘‘(ii) in coordination with the Administrator of the
General Services Administration, establish appropriate
procedures, methods, and best practices for use by
agencies to select, monitor, and terminate contracts
entered into pursuant to a utility incentive program
under section 546(c) with utilities;
‘‘(iii) carry out the responsibilities of the Secretary
under section 801, as determined appropriate by the
Secretary;
‘‘(iv) establish and maintain internet-based
information resources and project tracking systems and
tools for energy and water management;
‘‘(v) coordinate comprehensive and strategic
approaches to energy and water resilience planning
for agencies; and
‘‘(vi) establish a recognition program for Federal
achievement in energy and water management, energyrelated investment practices, environmental stewardship, and other relevant areas, through events such
as individual recognition award ceremonies and public
announcements.
‘‘(B) ENERGY AND WATER MANAGEMENT AND
REPORTING.—In administering the Program, the Federal
Director shall—
‘‘(i) track and report on the progress of agencies
in meeting the requirements of the agency under this
section;
‘‘(ii) make publicly available agency performance
data required under—
‘‘(I) this section and sections 544, 546, 547,
and 548; and
‘‘(II) section 203 of the Energy Policy Act of
2005 (42 U.S.C. 15852);
‘‘(iii)(I) collect energy and water use and consumption data from each agency; and
‘‘(II) based on that data, submit to each agency
a report that will facilitate the energy and water
management, energy-related investment practices, and
environmental stewardship of the agency in support
of Federal goals under this Act and under other provisions of law;
‘‘(iv) carry out the responsibilities of the Secretary
under section 305 of the Energy Conservation and
Production Act (42 U.S.C. 6834);
‘‘(v) in consultation with the Administrator of the
General Services Administration, acting through the
head of the Office of High-Performance Green
Buildings, establish and implement sustainable design
principles for Federal facilities; and
‘‘(vi) designate products that meet the highest
energy conservation standards for categories not covered under the Energy Star program established under
section 324A of the Energy Policy and Conservation
Act (42 U.S.C. 6294a).
‘‘(C) FEDERAL INTERAGENCY COORDINATION.—In administering the Program, the Federal Director shall—

Coordination.

Coordination.

Public
information.

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Consultation.

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134 STAT. 2449

‘‘(i) develop and implement accredited training consistent with existing Federal programs and activities—
‘‘(I) relating to energy and water use, management, and resilience in Federal facilities, energyrelated investment practices, and environmental
stewardship; and
‘‘(II) that includes in-person training, internetbased programs, and national in-person training
events;
‘‘(ii) carry out the functions of the Secretary with
respect to the Interagency Energy Management Task
Force under section 547; and
‘‘(iii) report on the implementation of the priorities
of the President, including Executive orders, relating
to energy and water use in Federal facilities, in
coordination with—
‘‘(I) the Office of Management and Budget;
‘‘(II) the Council on Environmental Quality;
and
‘‘(III) any other entity, as considered necessary
by the Federal Director.
‘‘(D) FACILITY AND FLEET OPTIMIZATION.—In administering the Program, the Federal Director shall develop
guidance, supply assistance to, and track the progress of
agencies—
‘‘(i) in conducting portfolio-wide facility energy and
water resilience planning and project integration;
‘‘(ii) in building new construction and major renovations to meet the sustainable design and energy
and water performance standards required under this
section;
‘‘(iii) in developing guidelines for—
‘‘(I) facility commissioning; and
‘‘(II) facility operations and maintenance; and
‘‘(iv) in coordination with the Administrator of the
General Services Administration, in meeting statutory
and agency goals for Federal fleet vehicles.
‘‘(4) MANAGEMENT COUNCIL.—The Federal Director shall
establish a management council to advise the Federal Director
that shall—
‘‘(A) convene not less frequently than once every
quarter; and
‘‘(B) consist of representatives from—
‘‘(i) the Council on Environmental Quality;
‘‘(ii) the Office of Management and Budget; and
‘‘(iii) the Office of Federal High-Performance Green
Buildings in the General Services Administration.
‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary to carry out this
subsection $36,000,000 for each of fiscal years 2021 through
2025.’’.

Establishment.

SEC. 1013. CHP TECHNICAL ASSISTANCE PARTNERSHIP PROGRAM.

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(a) IN GENERAL.—Section 375 of the Energy Policy and Conservation Act (42 U.S.C. 6345) is amended to read as follows:
‘‘SEC. 375. CHP TECHNICAL ASSISTANCE PARTNERSHIP PROGRAM.

‘‘(a) RENAMING.—

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134 STAT. 2450

‘‘(1) IN GENERAL.—The Clean Energy Application Centers
of the Department of Energy are redesignated as the CHP
Technical Assistance Partnership Program (referred to in this
section as the ‘Program’).
‘‘(2) PROGRAM DESCRIPTION.—The Program shall consist
of—
‘‘(A) the 10 regional CHP Technical Assistance Partnerships in existence on the date of enactment of the Energy
Act of 2020;
‘‘(B) such other regional CHP Technical Assistance
Partnerships as the Secretary may establish with consideration given to establishing such partnerships in rural
communities; and
‘‘(C) any supporting technical activities under the Technical Partnership Program of the Advanced Manufacturing
Office.
‘‘(3) REFERENCES.—Any reference in any law, rule, regulation, or publication to a Combined Heat and Power Application
Center or a Clean Energy Application Center shall be deemed
to be a reference to the Program.
‘‘(b) CHP TECHNICAL ASSISTANCE PARTNERSHIP PROGRAM.—
‘‘(1) IN GENERAL.—The Program shall—
‘‘(A) operate programs to encourage deployment of combined heat and power, waste heat to power, and efficient
district energy (collectively referred to in this subsection
as ‘CHP’) technologies by providing education and outreach
to—
‘‘(i) building, industrial, and electric and natural
gas utility professionals;
‘‘(ii) State and local policymakers; and
‘‘(iii) other individuals and organizations with an
interest in efficient energy use, local or opportunity
fuel use, resiliency, or energy security, microgrids, and
district energy; and
‘‘(B) provide project specific support to building and
industrial professionals through economic and engineering
assessments and advisory activities.
‘‘(2) FUNDING FOR CERTAIN ACTIVITIES.—
‘‘(A) IN GENERAL.—The Program shall make funds
available to institutions of higher education, research centers, and other appropriate institutions to ensure the
continued operations and effectiveness of the regional CHP
Technical Assistance Partnerships.
‘‘(B) USE OF FUNDS.—Funds made available under
subparagraph (A) may be used—
‘‘(i) to collect and distribute informational materials relevant to manufacturers, commercial buildings,
institutional facilities, and Federal sites, including
continued support of the mission goals of the Department of Defense, on CHP and microgrid technologies,
including continuation and updating of—
‘‘(I) the CHP installation database;
‘‘(II) CHP technology potential analyses;
‘‘(III) State CHP resource pages; and
‘‘(IV) CHP Technical Assistance Partnerships
websites;

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Updates.
Website.

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‘‘(ii) to produce and conduct workshops, reports,
seminars, internet programs, CHP resiliency resources,
and other activities to provide education to end users,
regulators, and stakeholders in a manner that leads
to the deployment of CHP technologies;
‘‘(iii) to provide or coordinate onsite assessments
for sites and enterprises that may consider deployment
of CHP technology, including the potential use of biomass CHP systems;
‘‘(iv) to identify candidates for deployment of CHP
technologies, hybrid renewable-CHP technologies, biomass CHP, microgrids, and clean energy;
‘‘(v) to provide nonbiased engineering support to
sites considering deployment of CHP technologies;
‘‘(vi) to assist organizations and communities,
including rural communities, developing clean energy
technologies and policies in overcoming barriers to
deployment; and
‘‘(vii) to assist companies, communities (including
rural communities), and organizations with field
validation and performance evaluations of CHP and
other clean energy technologies implemented.
‘‘(C) DURATION.—The Program shall make funds available under subparagraph (A) for a period of 5 years.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section $12,000,000 for each
of fiscal years 2021 through 2025.’’.
(b) CONFORMING AMENDMENT.—The table of contents of the
Energy Policy and Conservation Act is amended by striking the
item relating to section 375 and inserting the following:

Assessments.

‘‘375. CHP Technical Assistance Partnership Program.’’.
SEC. 1014. SMART ENERGY WATER EFFICIENCY PILOT PROGRAM.

(a) SMART ENERGY AND WATER EFFICIENCY PILOT PROGRAM.—
Subtitle A of title IX of the Energy Policy Act of 2005 (42 U.S.C.
16191 et seq.) is amended by adding at the end the following:

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‘‘SEC. 918. SMART ENERGY AND WATER EFFICIENCY PILOT PROGRAM.

42 USC 16198.

‘‘(a) DEFINITIONS.—In this section:
‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible entity’ means—
‘‘(A) a utility;
‘‘(B) a municipality;
‘‘(C) a water district;
‘‘(D) an Indian Tribe or Alaska Native village; and
‘‘(E) any other authority that provides water, wastewater, or water reuse services.
‘‘(2) SMART ENERGY AND WATER EFFICIENCY PILOT PROGRAM.—The term ‘smart energy and water efficiency pilot program’ or ‘pilot program’ means the pilot program established
under subsection (b).
‘‘(b) SMART ENERGY AND WATER EFFICIENCY PILOT PROGRAM.—
‘‘(1) IN GENERAL.—The Secretary shall establish and carry
out a smart energy and water efficiency pilot program in accordance with this section.
‘‘(2) PURPOSE.—The purpose of the smart energy and water
efficiency pilot program is to award grants to eligible entities

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Determination.

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to demonstrate unique, advanced, or innovative technologybased solutions that will—
‘‘(A) improve the net energy balance of water, wastewater, and water reuse systems;
‘‘(B) improve the net energy balance of water, wastewater, and water reuse systems to help communities across
the United States make measurable progress in conserving
water, saving energy, and reducing costs;
‘‘(C) support the implementation of innovative and
unique processes and the installation of established
advanced automated systems that provide real-time data
on energy and water; and
‘‘(D) improve energy-water conservation and quality
and predictive maintenance through technologies that utilize internet connected technologies, including sensors,
intelligent gateways, and security embedded in hardware.
‘‘(3) PROJECT SELECTION.—
‘‘(A) IN GENERAL.—The Secretary shall make competitive, merit-reviewed grants under the pilot program to
not less than 3, but not more than 5, eligible entities.
‘‘(B) SELECTION CRITERIA.—In selecting an eligible
entity to receive a grant under the pilot program, the
Secretary shall consider—
‘‘(i) energy and cost savings;
‘‘(ii) the uniqueness, commercial viability, and reliability of the technology to be used;
‘‘(iii) the degree to which the project integrates
next-generation sensors software, analytics, and
management tools;
‘‘(iv) the anticipated cost-effectiveness of the pilot
project through measurable energy savings, water
savings or reuse, and infrastructure costs averted;
‘‘(v) whether the technology can be deployed in
a variety of geographic regions and the degree to which
the technology can be implemented in a wide range
of applications ranging in scale from small towns to
large cities, including Tribal communities;
‘‘(vi) whether the technology has been successfully
deployed elsewhere;
‘‘(vii) whether the technology was sourced from
a manufacturer based in the United States; and
‘‘(viii) whether the project will be completed in
5 years or less.
‘‘(C) APPLICATIONS.—
‘‘(i) IN GENERAL.—Subject to clause (ii), an eligible
entity seeking a grant under the pilot program shall
submit to the Secretary an application at such time,
in such manner, and containing such information as
the Secretary determines to be necessary.
‘‘(ii) CONTENTS.—An application under clause (i)
shall, at a minimum, include—
‘‘(I) a description of the project;
‘‘(II) a description of the technology to be used
in the project;
‘‘(III) the anticipated results, including energy
and water savings, of the project;
‘‘(IV) a comprehensive budget for the project;

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‘‘(V) the names of the project lead organization
and any partners;
‘‘(VI) the number of users to be served by
the project;
‘‘(VII) a description of the ways in which the
proposal would meet performance measures established by the Secretary; and
‘‘(VIII) any other information that the Secretary determines to be necessary to complete the
review and selection of a grant recipient.
‘‘(4) ADMINISTRATION.—
‘‘(A) IN GENERAL.—Not later than 1 year after the
date of enactment of this section, the Secretary shall select
grant recipients under this section.
‘‘(B) EVALUATIONS.—
‘‘(i) ANNUAL EVALUATIONS.—The Secretary shall
annually carry out an evaluation of each project for
which a grant is provided under this section that meets
performance measures and benchmarks developed by
the Secretary, consistent with the purposes of this
section.
‘‘(ii) REQUIREMENTS.—Consistent with the performance measures and benchmarks developed under clause
(i), in carrying out an evaluation under that clause,
the Secretary shall—
‘‘(I) evaluate the progress and impact of the
project; and
‘‘(II) assess the degree to which the project
is meeting the goals of the pilot program.
‘‘(C) TECHNICAL AND POLICY ASSISTANCE.—On the
request of a grant recipient, the Secretary shall provide
technical and policy assistance.
‘‘(D) BEST PRACTICES.—The Secretary shall make available to the public through the Internet and other means
the Secretary considers to be appropriate—
‘‘(i) a copy of each evaluation carried out under
subparagraph (B); and
‘‘(ii) a description of any best practices identified
by the Secretary as a result of those evaluations.
‘‘(E) REPORT TO CONGRESS.—The Secretary shall submit
to Congress a report containing the results of each evaluation carried out under subparagraph (B).
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary to carry out this section
$15,000,000, to remain available until expended.’’.
(b) CONFORMING AMENDMENT.—The table of contents of the
Energy Policy Act of 2005 (Public Law 109–58; 119 Stat. 594)
is amended by inserting after the item relating to section 917
the following:

Determination.

Deadline.

Public
information.
Internet.
Records.

‘‘Sec. 918. Smart energy and water efficiency pilot program.’’.

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TITLE II—NUCLEAR
SEC. 2001. ADVANCED NUCLEAR FUEL AVAILABILITY.

42 USC 16281.

(a) PROGRAM.—

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134 STAT. 2454

(1) ESTABLISHMENT.—The Secretary shall establish and
carry out, through the Office of Nuclear Energy, a program
to support the availability of HA–LEU for civilian domestic
research, development, demonstration, and commercial use.
(2) PROGRAM ELEMENTS.—In carrying out the program
under paragraph (1), the Secretary—
(A) shall develop, in consultation with the Commission,
criticality benchmark data to assist the Commission in—
(i) the licensing and regulation of special nuclear
material fuel fabrication and enrichment facilities
under part 70 of title 10, Code of Federal Regulations;
and
(ii) certification of transportation packages under
part 71 of title 10, Code of Federal Regulations;
(B) shall conduct research and development, and provide financial assistance to assist commercial entities, to
design and license transportation packages for HA–LEU,
including canisters for metal, gas, and other HA–LEU compositions;
(C) shall, to the extent practicable—
(i) by January 1, 2024, support commercial entity
submission of such transportation package designs to
the Commission for certification by the Commission
under part 71 of title 10, Code of Federal Regulations;
and
(ii) encourage the Commission to have such
transportation package designs so certified by the
Commission within 24 months after receipt of an
application;
(D) shall consider options for acquiring or providing
HA–LEU from a stockpile of uranium owned by the Department, or using enrichment technology, to make available
to members of the consortium established pursuant to
subparagraph (F) for commercial use or demonstration
projects, taking into account cost and amount of time
required, and prioritizing methods that would produce
usable HA–LEU the quickest, including options for
acquiring or providing HA–LEU—
(i) that—
(I) directly meets the needs of an end user;
and
(II) has been previously used or fabricated for
another purpose;
(ii) that meets the needs of an end user after
having radioactive or other contaminants that resulted
from a previous use or fabrication of the fuel for
research, development, demonstration, or deployment
activities of the Department removed;
(iii) that is produced from high-enriched uranium
that is blended with lower assay uranium to become
HA–LEU to meet the needs of an end user;
(iv) that is produced by Department research,
development, and demonstration activities;
(v) that is produced in the United States by—
(I) a United States-owned commercial entity
operating United States-origin technology;

Consultation.

Research and
development.

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Deadlines.

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134 STAT. 2455

(II) a United States-owned commercial entity
operating a foreign-origin technology; or
(III) a foreign-owned entity operating a foreign-origin technology;
(vi) that does not require extraction of uranium
or development of uranium from lands managed by
the Federal Government, cause harm to the natural
or cultural resources of Tribal communities or sovereign Native Nations, or result in degraded ground
or surface water quality on publicly managed or privately owned lands; or
(vii) that does not negatively impact the availability of HA–LEU by the Department to support the
production of medical isotopes, including the medical
isotopes defined under the American Medical Isotopes
Production Act of 2012 (Public Law 112–239; 126 Stat.
2211);
(E) not later than 1 year after the date of enactment
of this Act, and biennially thereafter, shall conduct a survey
of stakeholders to estimate the quantity of HA–LEU necessary for domestic commercial use for each of the 5 subsequent years;
(F) shall establish, and from time to time update, a
consortium, which may include entities involved in any
stage of the nuclear fuel cycle, to partner with the Department to support the availability of HA–LEU for civilian
domestic demonstration and commercial use, including by—
(i) providing information to the Secretary for purposes of surveys conducted under subparagraph (E);
(ii) purchasing HA–LEU made available by the
Secretary to members of the consortium for commercial
use under the program; and
(iii) carrying out demonstration projects using HA–
LEU provided by the Secretary under the program;
(G) if applicable, shall, prior to acquiring or providing
HA–LEU under subparagraph (H), in coordination with
the consortium established pursuant to subparagraph (F),
develop a schedule for cost recovery of HA–LEU made
available to members of the consortium using HA–LEU
for commercial use pursuant to subparagraph (H);
(H) shall, beginning not later than 3 years after the
establishment of a consortium under subparagraph (F),
have the capability to acquire or provide HA–LEU, in order
to make such HA–LEU available to members of the consortium beginning not later than January 1, 2026, in amounts
that are consistent, to the extent practicable, with—
(i) the quantities estimated under the surveys conducted under subparagraph (E); plus
(ii) the quantities necessary for demonstration
projects carried out under the program, as determined
by the Secretary;
(I) shall, for advanced reactor demonstration projects,
prioritize the provision of HA–LEU made available under
this section through a merit-based, competitive selection
process; and
(J) shall seek to ensure that the activities carried out
under this section do not cause any delay in the progress

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Time periods.
Survey.

Updates.

Coordination.

Deadlines.

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Determinations.

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of any HA–LEU project between private industry and the
Department that is underway as of the date of the enactment of this section.
(3) APPLICABILITY OF USEC PRIVATIZATION ACT.—
(A) SALE OR TRANSFER TO CONSORTIUM.—The requirements of section 3112 of the USEC Privatization Act (42
U.S.C. 2297h–10), except for the requirements of subparagraph (A) of section 3112(d)(2), shall not apply to the provision of enrichment services, or the sale or transfer of HA–
LEU for commercial use by the Secretary to a member
of the consortium under this subsection.
(B) DEMONSTRATION.—HA–LEU made available to
members of the consortium established pursuant to paragraph (2)(F) for demonstration projects shall remain the
property of and title will remain with the Department,
which shall be responsible for the storage, use, and disposition of all radioactive waste and spent nuclear fuel created
by the irradiation, processing, or purification of such uranium, and shall not be subject to the requirements of
a sale or transfer of uranium under sections 3112, except
for the requirements of subparagraph (A) of section
3112(d)(2), and 3113 of the USEC Privatization Act (42
U.S.C. 2297h–10; 42 U.S.C. 2297h–11).
(4) NATIONAL SECURITY NEEDS.—The Secretary shall only
make available to a member of the consortium under this
section for commercial or demonstration project use material
that the President has determined is not necessary for national
security needs, provided that this available material shall not
include any material that the Secretary may determine to be
necessary for the National Nuclear Security Administration
or other critical Departmental missions.
(5) DOE ACQUISITION OF HA–LEU.—The Secretary may not
make commitments under this section (including cooperative
agreements (used in accordance with section 6305 of title 31,
United States Code), purchase agreements, guarantees, leases,
service contracts, or any other type of commitment) for the
purchase or other acquisition of HA–LEU unless—
(A) funds are specifically provided for such purposes
in advance in subsequent appropriations Acts, and only
to the extent that the full extent of anticipated costs stemming from such commitments is recorded as an obligation
up front and in full at the time it is made; or
(B) such committing agreement includes a clause conditioning the Federal Government’s obligation on the availability of future year appropriations.
(6) SUNSET.—The authority of the Secretary to carry out
the program under this subsection shall expire on the earlier
of—
(A) September 30, 2034; or
(B) 90 days after the date on which HA–LEU is available to provide a reliable and adequate supply for civilian
domestic advanced nuclear reactors in the commercial
market.
(7) LIMITATION.—The Secretary shall not barter or otherwise sell or transfer uranium in any form in exchange for
services relating to the final disposition of radioactive waste
from uranium that is made available under this subsection.

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134 STAT. 2457

(b) REPORTS TO CONGRESS.—
(1) COMMISSION REPORT ON NECESSARY REGULATORY
UPDATES.—Not later than 12 months after the date of enactment of this Act, the Commission shall submit to Congress
a report that includes—
(A) identification of updates to regulations, certifications, and other regulatory policies that the Commission
determines are necessary in order for HA–LEU to be
commercially available, including—
(i) guidance for material control and accountability
of special nuclear material;
(ii) certifications relating to transportation packaging for HA–LEU; and
(iii) licensing of enrichment, conversion, and fuel
fabrication facilities for HA–LEU, and associated physical security plans for such facilities;
(B) a description of such updates; and
(C) a timeline to complete such updates.
(2) DOE REPORT ON PROGRAM TO SUPPORT THE AVAILABILITY
OF HA–LEU FOR CIVILIAN DOMESTIC DEMONSTRATION AND
COMMERCIAL USE.—
(A) IN GENERAL.—Not later than 180 days after the
date of enactment of this Act, the Secretary shall submit
to Congress a report that describes actions proposed to
be carried out by the Secretary under the program
described in subsection (a)(1).
(B) COORDINATION AND STAKEHOLDER INPUT.—In developing the report under this paragraph, the Secretary shall
consult with—
(i) the Commission;
(ii) suppliers of medical isotopes that have converted their operations to use HA–LEU;
(iii) the National Laboratories;
(iv) institutions of higher education;
(v) a diverse group of entities from the nuclear
energy industry;
(vi) a diverse group of technology developers;
(vii) experts in nuclear nonproliferation, environmental safety, safeguards and security, and public
health and safety; and
(viii) members of the consortium created under
subsection (a)(2)(F).
(C) COST AND SCHEDULE ESTIMATES.—The report under
this paragraph shall include estimated costs, budgets, and
timeframes for all activities carried out under this section.
(D) REQUIRED EVALUATIONS.—The report under this
paragraph shall evaluate—
(i) the actions required to establish and carry out
the program under subsection (a)(1) and the cost of
such actions, including with respect to—
(I) proposed preliminary terms for contracting
between the Department and recipients of HA–
LEU under the program (including guidelines
defining the roles and responsibilities between the
Department and the recipient); and
(II) the potential to coordinate with recipients
of HA–LEU under the program regarding—

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Consultation.

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(aa) fuel fabrication; and
(bb) fuel transport;
(ii) the potential sources and fuel forms available
to provide uranium for the program under subsection
(a)(1);
(iii) options to coordinate the program under subsection (a)(1) with the operation of the versatile,
reactor-based fast neutron source under section 959A
of the Energy Policy Act of 2005 (as added by section
2003);
(iv) the ability of uranium producers to provide
materials for advanced nuclear reactor fuel;
(v) any associated legal, regulatory, and policy
issues that should be addressed to enable—
(I) implementation of the program under subsection (a)(1); and
(II) the establishment of an industry capable
of providing HA–LEU; and
(vi) any research and development plans to develop
criticality benchmark data under subsection (a)(2)(A),
if needed.
(3) ALTERNATE FUELS REPORT.—Not later than 180 days
after the date of enactment of this Act, the Secretary shall,
after consulting with relevant entities, including National Laboratories, institutions of higher education, and technology developers, submit to Congress a report identifying any and all
options for providing nuclear material, containing isotopes other
than the uranium-235 isotope, such as uranium-233 and thorium-232 to be used as fuel for advanced nuclear reactor
research, development, demonstration, or commercial application purposes.
(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out research, development, demonstration, and transportation activities in this section—
(1) $31,500,000 for fiscal year 2021;
(2) $33,075,000 for fiscal year 2022;
(3) $34,728,750 for fiscal year 2023;
(4) $36,465,188 for fiscal year 2024; and
(5) $38,288,447 for fiscal year 2025.
(d) DEFINITIONS.—In this section:
(1) COMMISSION.—The term ‘‘Commission’’ means the
Nuclear Regulatory Commission.
(2) DEMONSTRATION PROJECT.—The term ‘‘demonstration
project’’ has the meaning given such term in section 959A
of the Energy Policy Act of 2005.
(3) HA–LEU.—The term ‘‘HA–LEU’’ means high-assay lowenriched uranium.
(4) HIGH-ASSAY LOW-ENRICHED URANIUM.—The term ‘‘highassay low-enriched uranium’’ means uranium having an assay
greater than 5.0 weight percent and less than 20.0 weight
percent of the uranium-235 isotope.
(5) HIGH-ENRICHED URANIUM.—The term ‘‘high-enriched
uranium’’ means uranium with an assay of 20.0 weight percent
or more of the uranium-235 isotope.
(6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Energy.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2459

SEC. 2002. AMENDMENTS TO DEFINITIONS IN ENERGY POLICY ACT
OF 2005.

Section 951(b)(1) of the Energy Policy Act of 2005 (42 U.S.C.
16271(b)(1)) is amended to read as follows:
‘‘(1) ADVANCED NUCLEAR REACTOR.—The term ‘advanced
nuclear reactor’ means—
‘‘(A) a nuclear fission reactor, including a prototype
plant (as defined in sections 50.2 and 52.1 of title 10,
Code of Federal Regulations (or successor regulations)),
with significant improvements compared to reactors operating on the date of enactment of the Energy Act of 2020,
including improvements such as—
‘‘(i) additional inherent safety features;
‘‘(ii) lower waste yields;
‘‘(iii) improved fuel and material performance;
‘‘(iv) increased tolerance to loss of fuel cooling;
‘‘(v) enhanced reliability or improved resilience;
‘‘(vi) increased proliferation resistance;
‘‘(vii) increased thermal efficiency;
‘‘(viii) reduced consumption of cooling water and
other environmental impacts;
‘‘(ix) the ability to integrate into electric applications and nonelectric applications;
‘‘(x) modular sizes to allow for deployment that
corresponds with the demand for electricity or process
heat; and
‘‘(xi) operational flexibility to respond to changes
in demand for electricity or process heat and to complement integration with intermittent renewable
energy or energy storage; and
‘‘(B) a fusion reactor.’’.
SEC.

2003.

Definition.

NUCLEAR ENERGY RESEARCH, DEVELOPMENT, DEMONSTRATION, AND COMMERCIAL APPLICATION PROGRAMS.

(a) REACTOR CONCEPTS RESEARCH, DEVELOPMENT, AND DEMONSTRATION.—Section 952 of the Energy Policy Act of 2005 (42
U.S.C. 16272) is amended to read as follows:

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‘‘SEC. 952. REACTOR CONCEPTS RESEARCH, DEVELOPMENT, DEMONSTRATION, AND COMMERCIAL APPLICATION.

‘‘(a) SUSTAINABILITY PROGRAM FOR LIGHT WATER REACTORS.—
‘‘(1) IN GENERAL.—The Secretary shall carry out a program
of research, development, demonstration, and commercial
application, including through the use of modeling and simulation, to support existing operating nuclear power plants which
shall address technologies to modernize and improve, with
respect to such plants—
‘‘(A) reliability;
‘‘(B) capacity;
‘‘(C) component aging;
‘‘(D) safety;
‘‘(E) physical security and security costs;
‘‘(F) plant lifetime;
‘‘(G) operations and maintenance costs, including by
utilizing risk-informed systems analysis;
‘‘(H) the ability for plants to operate flexibly;

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134 STAT. 2460

‘‘(I) nuclear integrated energy system applications
described in subsection (c);
‘‘(J) efficiency;
‘‘(K) environmental impacts; and
‘‘(L) resilience.
‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to the Secretary to carry out
the program under this subsection $55,000,000 for each of
fiscal years 2021 through 2025.
‘‘(3) REPORT.—The Secretary shall submit annually a public
report to the Committee on Science, Space, and Technology
of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate documenting funds spent
under the program that describes program activities, objectives,
and outcomes, including those that could benefit the entirety
of the existing reactor fleet, such as with respect to aging
management and related sustainability concerns, and identifying funds awarded to private entities.
‘‘(b) ADVANCED REACTOR TECHNOLOGIES.—
‘‘(1) IN GENERAL.—The Secretary shall carry out a program
of research, development, demonstration, and commercial
application to support advanced reactor technologies.
‘‘(2) REQUIREMENTS.—In carrying out the program under
this subsection, the Secretary shall—
‘‘(A) prioritize designs for advanced nuclear reactors
that are proliferation resistant and passively safe, including
designs that, compared to reactors operating on the date
of enactment of the Energy Act of 2020—
‘‘(i) are economically competitive with other electric
power generation plants;
‘‘(ii) have higher efficiency, lower cost, less environmental impacts, increased resilience, and improved
safety;
‘‘(iii) use fuels that are proliferation resistant and
have reduced production of high-level waste per unit
of output; and
‘‘(iv) use advanced instrumentation and monitoring
systems;
‘‘(B) consult with the Nuclear Regulatory Commission
on appropriate metrics to consider for the criteria specified
in subparagraph (A);
‘‘(C) support research and development to resolve materials challenges relating to extreme environments,
including environments that contain high levels of—
‘‘(i) radiation fluence;
‘‘(ii) temperature;
‘‘(iii) pressure; and
‘‘(iv) corrosion;
‘‘(D) support research and development to aid in the
qualification of advanced fuels, including fabrication techniques;
‘‘(E) support activities that address near-term challenges in modeling and simulation to enable accelerated
design of and licensing of advanced nuclear reactors,
including the identification of tools and methodologies for
validating such modeling and simulation efforts;

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134 STAT. 2461

‘‘(F) develop technologies, including technologies to
manage, reduce, or reuse nuclear waste;
‘‘(G) ensure that nuclear research infrastructure is
maintained or constructed, including—
‘‘(i) currently operational research reactors at the
National Laboratories and institutions of higher education;
‘‘(ii) hot cell research facilities;
‘‘(iii) a versatile fast neutron source; and
‘‘(iv) advanced coolant testing facilities, including
coolants such as lead, sodium, gas, and molten salt;
‘‘(H) improve scientific understanding of nonlight water
coolant physics and chemistry;
‘‘(I) develop advanced sensors and control systems,
including the identification of tools and methodologies for
validating such sensors and systems;
‘‘(J) investigate advanced manufacturing and advanced
construction techniques and materials to reduce the cost
of advanced nuclear reactors, including the use of digital
twins and of strategies to implement project and construction management best practices, and study the effects of
radiation and corrosion on materials created with these
techniques;
‘‘(K) consult with the Administrator of the National
Nuclear Security Administration to integrate reactor safeguards and security into design;
‘‘(L) support efforts to reduce any technical barriers
that would prevent commercial application of advanced
nuclear energy systems; and
‘‘(M) develop various safety analyses and emergency
preparedness and response methodologies.
‘‘(3) COORDINATION.—The Secretary shall coordinate with
individuals engaged in the private sector and individuals who
are experts in nuclear nonproliferation, environmental and
public health and safety, and economics to advance the development of various designs of advanced nuclear reactors. In carrying out this paragraph, the Secretary shall convene an
advisory committee of such individuals and such committee
shall submit annually a report to the relevant committees of
Congress with respect to the progress of the program.
‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to the Secretary to carry out
the program under this subsection $55,000,000 for each of
fiscal years 2021 through 2025.
‘‘(c) NUCLEAR INTEGRATED ENERGY SYSTEMS RESEARCH,
DEVELOPMENT, DEMONSTRATION, AND COMMERCIAL APPLICATION
PROGRAM.—
‘‘(1) IN GENERAL.—The Secretary shall carry out a program
of research, development, demonstration, and commercial
application to develop nuclear integrated energy systems, composed of 2 or more co-located or jointly operated subsystems
of energy generation, energy storage, or other technologies and
in which not less than 1 such subsystem is a nuclear energy
system, to—
‘‘(A) reduce greenhouse gas emissions in both the power
and nonpower sectors; and
‘‘(B) maximize energy production and efficiency.

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Analyses.

Convene.

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PUBLIC LAW 116–260—DEC. 27, 2020

‘‘(2) COORDINATION.—In carrying out the program under
paragraph (1), the Secretary shall coordinate with—
‘‘(A) relevant program offices within the Department
of Energy;
‘‘(B) National Laboratories;
‘‘(C) institutions of higher education; and
‘‘(D) the private sector.
‘‘(3) FOCUS AREAS.—The program under paragraph (1) may
include research, development, demonstration, or commercial
application of nuclear integrated energy systems with respect
to—
‘‘(A) desalination technologies and processes;
‘‘(B) hydrogen or other liquid and gaseous fuel or chemical production;
‘‘(C) heat for industrial processes;
‘‘(D) district heating;
‘‘(E) heat or electricity generation and storage;
‘‘(F) carbon capture, use, utilization, and storage;
‘‘(G) microgrid or island applications;
‘‘(H) integrated systems modeling, analysis, and
optimization, inclusive of different configurations of
integrated energy systems; and
‘‘(I) integrated design, planning, building, and operation of systems with existing infrastructure, including
interconnection requirements with the electric grid, as
appropriate.
‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to the Secretary to carry out
the program under this subsection—
‘‘(A) $20,000,000 for fiscal year 2021;
‘‘(B) $30,000,000 for fiscal year 2022;
‘‘(C) $30,000,000 for fiscal year 2023;
‘‘(D) $40,000,000 for fiscal year 2024; and
‘‘(E) $40,000,000 for fiscal year 2025.’’.
(b) FUEL CYCLE RESEARCH AND DEVELOPMENT.—Section 953
of the Energy Policy Act of 2005 (42 U.S.C. 16273) is amended
to read as follows:
‘‘SEC. 953. FUEL CYCLE RESEARCH, DEVELOPMENT, DEMONSTRATION,
AND COMMERCIAL APPLICATION.

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‘‘(a) USED NUCLEAR FUEL RESEARCH, DEVELOPMENT, DEMONSTRATION, AND COMMERCIAL APPLICATION.—
‘‘(1) IN GENERAL.—The Secretary shall conduct an advanced
fuel cycle research, development, demonstration, and commercial application program to improve fuel cycle performance,
minimize environmental and public health and safety impacts,
and support a variety of options for used nuclear fuel storage,
use, and disposal, including advanced nuclear reactor and nonreactor concepts (such as radioisotope power systems), which
may include—
‘‘(A) dry cask storage;
‘‘(B) consolidated interim storage;
‘‘(C) deep geological storage and disposal, including
mined repository, and other technologies;
‘‘(D) used nuclear fuel transportation;
‘‘(E) integrated waste management systems;
‘‘(F) vitrification;

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134 STAT. 2463

‘‘(G) fuel recycling and transmutation technologies,
including advanced reprocessing technologies such as
electrochemical and molten salt technologies, and advanced
redox extraction technologies;
‘‘(H) advanced materials to be used in subparagraphs
(A) through (G); and
‘‘(I) other areas as determined by the Secretary.
‘‘(2) REQUIREMENTS.—In carrying out the program under
this subsection, the Secretary shall—
‘‘(A) ensure all activities and designs incorporate state
of the art safeguards technologies and techniques to reduce
risk of proliferation;
‘‘(B) consult with the Administrator of the National
Nuclear Security Administration to integrate safeguards
and security by design;
‘‘(C) consider the potential benefits and other impacts
of those activities for civilian nuclear applications, environmental health and safety, and national security, including
consideration of public consent; and
‘‘(D) consider the economic viability of all activities
and designs.
‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to the Secretary to carry out
the program under this subsection $60,000,000 for each of
fiscal years 2021 through 2025.
‘‘(b) ADVANCED FUELS.—
‘‘(1) IN GENERAL.—The Secretary shall conduct an advanced
fuels research, development, demonstration, and commercial
application program on next-generation light water reactor and
advanced reactor fuels that demonstrate the potential for
improved—
‘‘(A) performance;
‘‘(B) accident tolerance;
‘‘(C) proliferation resistance;
‘‘(D) use of resources;
‘‘(E) environmental impact; and
‘‘(F) economics.
‘‘(2) REQUIREMENTS.—In carrying out the program under
this subsection, the Secretary shall focus on the development
of advanced technology fuels, including fabrication techniques,
that offer improved accident-tolerance and economic performance with the goal of initial commercial application by
December 31, 2025.
‘‘(3) REPORT.—Not later than 180 days after the date of
enactment of this section, the Secretary shall submit to the
Committee on Science, Space, and Technology of the House
of Representatives and the Committee on Energy and Natural
Resources of the Senate a report that describes how the technologies and concepts studied under this program would impact
reactor economics, the fuel cycle, operations, safety, proliferation, and the environment.
‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to the Secretary to carry out
the program under this subsection $125,000,000 for each of
fiscal years 2021 through 2025.’’.
(c) NUCLEAR SCIENCE AND ENGINEERING SUPPORT.—Section 954
of the Energy Policy Act of 2005 (42 U.S.C. 16274) is amended—

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Consideration.

Deadline.

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134 STAT. 2464

Coordination.

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(1) in the section heading, by striking ‘‘university nuclear’’ and
inserting ‘‘nuclear’’;
(2) in subsection (b)—
(A) in the matter preceding paragraph (1), by striking
‘‘this section’’ and inserting ‘‘this subsection’’; and
(B) by redesignating paragraphs (1) through (5) as
subparagraphs (A) through (E), respectively, and indenting
appropriately;
(3) in subsection (c), by redesignating paragraphs (1) and
(2) as subparagraphs (A) and (B), respectively, and indenting
appropriately;
(4) in subsection (d)—
(A) in the matter preceding paragraph (1), by striking
‘‘this section’’ and inserting ‘‘this subsection’’; and
(B) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively, and indenting
appropriately;
(5) in subsection (e), by striking ‘‘this section’’ and inserting
‘‘this subsection’’;
(6) in subsection (f)—
(A) by striking ‘‘this section’’ and inserting ‘‘this subsection’’; and
(B) by striking ‘‘subsection (b)(2)’’ and inserting ‘‘paragraph (2)(B)’’;
(7) by redesignating subsections (a) through (d) as paragraphs (1) through (4), respectively, and indenting appropriately;
(8) by redesignating subsections (e) and (f) as paragraphs
(7) and (8), respectively;
(9) by inserting after paragraph (4) (as so redesignated)
the following:
‘‘(5) RADIOLOGICAL FACILITIES MANAGEMENT.—
‘‘(A) IN GENERAL.—The Secretary shall carry out a
program under which the Secretary shall provide project
management, technical support, quality engineering and
inspection, and nuclear material handling support to
research reactors located at universities.
‘‘(B) AUTHORIZATION OF APPROPRIATIONS.—Of any
amounts appropriated to carry out the program under this
subsection, there are authorized to be appropriated to the
Secretary to carry out the program under this paragraph
$20,000,000 for each of fiscal years 2021 through 2025.
‘‘(6) NUCLEAR ENERGY UNIVERSITY PROGRAM.—In carrying
out the programs under this section, the Department shall,
to the maximum extent practicable, allocate 20 percent of funds
appropriated to nuclear energy research and development programs annually to fund university-led research and university
infrastructure projects through an open, competitive solicitation
process.’’;
(10) by inserting before paragraph (1) (as so redesignated)
the following:
‘‘(a) UNIVERSITY NUCLEAR SCIENCE AND ENGINEERING SUPPORT.—’’; and
(11) by adding at the end the following:
‘‘(b) NUCLEAR ENERGY GRADUATE TRAINEESHIP SUBPROGRAM.—
‘‘(1) ESTABLISHMENT.—In carrying out the program under
subsection (a), the Secretary shall establish a nuclear energy

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134 STAT. 2465

graduate traineeship subprogram under which the Secretary
shall competitively award graduate traineeships in coordination
with universities to provide focused, advanced training to meet
critical mission needs of the Department, including in industries
that are represented by skilled labor unions.
‘‘(2) REQUIREMENTS.—In carrying out the subprogram
under this subsection, the Secretary shall—
‘‘(A) encourage appropriate partnerships among
National Laboratories, affected universities, and industry;
and
‘‘(B) on an annual basis, evaluate the needs of the
nuclear energy community to implement graduate
traineeships for focused topical areas addressing missionspecific workforce needs.
‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to the Secretary to carry out
the subprogram under this subsection $5,000,000 for each of
fiscal years 2021 through 2025.’’.
(d) CONFORMING AMENDMENT.—The table of contents of the
Energy Policy Act of 2005 (Public Law 109– 58; 119 Stat. 600)
is amended by striking the items relating to sections 952 through
954 and inserting the following:
‘‘Sec. 952. Reactor concepts research, development, demonstration, and commercial
application.
‘‘Sec. 953. Fuel cycle research, development, demonstration, and commercial application.
‘‘Sec. 954. Nuclear science and engineering support.’’.

(e) UNIVERSITY NUCLEAR LEADERSHIP PROGRAM.—Section 313
of the Omnibus Appropriations Act, 2009 (42 U.S.C. 16274a), is
amended to read as follows:

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‘‘SEC. 313. UNIVERSITY NUCLEAR LEADERSHIP PROGRAM.

‘‘(a) IN GENERAL.—The Secretary of Energy, the Administrator
of the National Nuclear Security Administration, and the Chairman
of the Nuclear Regulatory Commission shall jointly establish a
program, to be known as the ‘University Nuclear Leadership Program’.
‘‘(b) USE OF FUNDS.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
amounts made available to carry out the Program shall be
used to provide financial assistance for scholarships, fellowships, and research and development projects at institutions
of higher education in areas relevant to the programmatic
mission of the applicable Federal agency, with an emphasis
on providing the financial assistance with respect to research,
development, demonstration, and commercial application activities relevant to civilian advanced nuclear reactors including,
but not limited to—
‘‘(A) relevant fuel cycle technologies;
‘‘(B) project management; and
‘‘(C) advanced construction, manufacturing, and fabrication methods.
‘‘(2) EXCEPTION.—Notwithstanding paragraph (1), amounts
made available to carry out the Program may be used to provide
financial assistance for a scholarship, fellowship, or multiyear
research and development project that does not align directly
with a programmatic mission of the Department of Energy,

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134 STAT. 2466

PUBLIC LAW 116–260—DEC. 27, 2020

if the activity for which assistance is provided would facilitate
the maintenance of the discipline of nuclear science or
engineering.
‘‘(c) DEFINITIONS.—In this section:
‘‘(1) ADVANCED NUCLEAR REACTOR; INSTITUTION OF HIGHER
EDUCATION.—The terms ‘advanced nuclear reactor’ and ‘institution of higher education’ have the meanings given those terms
in section 951 of the Energy Policy Act of 2005 (42 U.S.C.
16271).
‘‘(2) PROGRAM.—The term ‘Program’ means the University
Nuclear Leadership Program established under this section.
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out the Program for each of fiscal
years 2021 through 2025—
‘‘(1) $30,000,000 to the Secretary of Energy, of which
$15,000,000 shall be for use by the Administrator of the
National Nuclear Security Administration; and
‘‘(2) $15,000,000 to the Nuclear Regulatory Commission.’’.
(f) NUCLEAR ENERGY RESEARCH INFRASTRUCTURE.—Section 955
of the Energy Policy Act of 2005 (42 U.S.C. 16275) is amended—
(1) in subsection (c), paragraph (1)—
(A) in the paragraph heading, by striking ‘‘MISSION
NEED’’ and inserting ‘‘AUTHORIZATION’’; and
(B) in subparagraph (A), by striking ‘‘determine the
mission need’’ and inserting ‘‘provide’’;
(2) by adding at the end of subsection (c) the following:
‘‘(7) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to the Secretary to carry out
to completion the construction of the facility under this section—
‘‘(A) $295,000,000 for fiscal year 2021;
‘‘(B) $348,000,000 for fiscal year 2022;
‘‘(C) $525,000,000 for fiscal year 2023;
‘‘(D) $534,000,000 for fiscal year 2024; and
‘‘(E) $584,000,000 for fiscal year 2025.’’.
(3) in subsection (c) paragraph (4), by striking ‘‘2025’’ and
inserting ‘‘2026’’; and
(4) by adding at the end the following:
‘‘(d) GATEWAY FOR ACCELERATED INNOVATION IN NUCLEAR.—
‘‘(1) IN GENERAL.—In carrying out the programs under this
subtitle, the Secretary is authorized to establish a new initiative
to be known as the Gateway for Accelerated Innovation in
Nuclear (GAIN). The initiative shall, to the maximum extent
practicable and consistent with national security, provide the
nuclear energy industry with access to cutting edge research
and development along with the technical, regulatory, and
financial support necessary to move innovative nuclear energy
technologies toward commercialization in an accelerated and
cost-effective fashion. The Secretary shall make available, as
a minimum—
‘‘(A) experimental capabilities and testing facilities;
‘‘(B) computational capabilities, modeling, and simulation tools;
‘‘(C) access to existing datasets and data validation
tools; and
‘‘(D) technical assistance with guidance or processes
as needed.

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134 STAT. 2467

‘‘(2) SELECTION.—
‘‘(A) IN GENERAL.—The Secretary shall select industry
partners for awards on a competitive merit-reviewed basis.
‘‘(B) CONSIDERATIONS.—In selecting industry partners
under subparagraph (A), the Secretary shall consider—
‘‘(i) the information disclosed by the Department
as described in paragraph (1); and
‘‘(ii) any existing facilities the Department will
provide for public private partnership activities.’’.
(g) ADVANCED REACTOR DEMONSTRATION PROGRAM.—
(1) IN GENERAL.—Subtitle E of title IX of the Energy Policy
Act of 2005 (42 U.S.C. 16271 et seq.) is amended by adding
at the end the following:

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‘‘SEC. 959A. ADVANCED REACTOR DEMONSTRATION PROGRAM.

‘‘(a) DEMONSTRATION PROJECT DEFINED.—For the purposes of
this section, the term ‘demonstration project’ means an advanced
nuclear reactor operated in any manner, including as part of the
power generation facilities of an electric utility system, for the
purpose of demonstrating the suitability for commercial application
of the advanced nuclear reactor.
‘‘(b) ESTABLISHMENT.—The Secretary shall establish a program
to advance the research, development, demonstration, and commercial application of domestic advanced, affordable, nuclear energy
technologies by—
‘‘(1) demonstrating a variety of advanced nuclear reactor
technologies, including those that could be used to produce—
‘‘(A) safer, emissions-free power at a competitive cost
of electricity compared to other new energy generation
technologies on the date of enactment of the Energy Act
of 2020;
‘‘(B) heat for community heating, industrial purposes,
heat storage, or synthetic fuel production;
‘‘(C) remote or off-grid energy supply; or
‘‘(D) backup or mission-critical power supplies;
‘‘(2) identifying research areas that the private sector is
unable or unwilling to undertake due to the cost of, or risks
associated with, the research; and
‘‘(3) facilitating the access of the private sector—
‘‘(A) to Federal research facilities and personnel; and
‘‘(B) to the results of research relating to civil nuclear
technology funded by the Federal Government.
‘‘(c) DEMONSTRATION PROJECTS.—In carrying out demonstration
projects under the program established in subsection (b), the Secretary shall—
‘‘(1) include, as an evaluation criterion, diversity in designs
for the advanced nuclear reactors demonstrated under this
section, including designs using various—
‘‘(A) primary coolants;
‘‘(B) fuel types and compositions; and
‘‘(C) neutron spectra;
‘‘(2) consider, as evaluation criterions—
‘‘(A) the likelihood that the operating cost for future
commercial units for each design implemented through a
demonstration project under this subsection is cost-competitive in the applicable market, including those designs

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Evaluation.

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134 STAT. 2468

configured as integrated energy systems as described in
section 952(c);
‘‘(B) the technology readiness level of a proposed
advanced nuclear reactor technology;
‘‘(C) the technical abilities and qualifications of teams
desiring to demonstrate a proposed advanced nuclear
reactor technology; and
‘‘(D) the capacity to meet cost-share requirements of
the Department;
‘‘(3) ensure that each evaluation of candidate technologies
for the demonstration projects is completed through an external
review of proposed designs, which review shall—
‘‘(A) be conducted by a panel that includes not fewer
than 1 representative that does not have a conflict of
interest of each within the applicable market of the design
of—
‘‘(i) an electric utility;
‘‘(ii) an entity that uses high-temperature process
heat for manufacturing or industrial processing, such
as a petrochemical or synthetic fuel company, a manufacturer of metals or chemicals, or a manufacturer
of concrete;
‘‘(iii) an expert from the investment community;
‘‘(iv) a project management practitioner; and
‘‘(v) an environmental health and safety expert;
and
‘‘(B) include a review of each demonstration project
under this subsection which shall include consideration
of cost-competitiveness and other value streams, together
with the technology readiness level, the technical abilities
and qualifications of teams desiring to demonstrate a proposed advanced nuclear reactor technology, the capacity
to meet cost-share requirements of the Department, if Federal funding is provided, and environmental impacts;
‘‘(4) for federally funded demonstration projects, enter into
cost-sharing agreements with private sector partners in accordance with section 988 for the conduct of activities relating
to the research, development, and demonstration of advanced
nuclear reactor designs under the program;
‘‘(5) consult with—
‘‘(A) National Laboratories;
‘‘(B) institutions of higher education;
‘‘(C) traditional end users (such as electric utilities);
‘‘(D) potential end users of new technologies (such as
users of high-temperature process heat for manufacturing
processing, including petrochemical or synthetic fuel
companies, manufacturers of metals or chemicals, or manufacturers of concrete);
‘‘(E) developers of advanced nuclear reactor technology;
‘‘(F) environmental and public health and safety
experts; and
‘‘(G) non-proliferation experts;
‘‘(6) seek to ensure that the demonstration projects carried
out under this section do not cause any delay in the progress
of an advanced reactor project by private industry and the
Department of Energy that is underway as of the date of
enactment of this section;

Review.

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Consultation.

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134 STAT. 2469

‘‘(7) establish a streamlined approval process for expedited
contracting between awardees and the Department;
‘‘(8) identify technical challenges to candidate technologies;
‘‘(9) support near-term research and development to
address the highest risk technical challenges to the successful
demonstration of a selected advanced reactor technology, in
accordance with—
‘‘(A) paragraph (8);
‘‘(B) the research and development activities under
section 952(b); and
‘‘(C) the research and development activities under
section 958; and
‘‘(10) establish such technology advisory working groups
as the Secretary determines to be appropriate to advise the
Secretary regarding the technical challenges identified under
paragraph (8) and the scope of research and development programs to address the challenges, in accordance with paragraph
(9), to be comprised of—
‘‘(A) private sector advanced nuclear reactor technology
developers;
‘‘(B) technical experts with respect to the relevant technologies at institutions of higher education;
‘‘(C) technical experts at the National Laboratories;
‘‘(D) environmental and public health and safety
experts;
‘‘(E) non-proliferation experts; and
‘‘(F) any other entities the Secretary determines appropriate.
‘‘(d) MILESTONE-BASED DEMONSTRATION PROJECTS.—The Secretary may carry out demonstration projects under subsection (c)
as a milestone-based demonstration project under section 9005 of
the Energy Act of 2020.
‘‘(e) NONDUPLICATION.—Entities may not receive funds under
this program if receiving funds from another reactor demonstration
program at the Department in the same fiscal year.
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Secretary to carry out the program under
this subsection—
‘‘(1) $405,000,000 for fiscal year 2021;
‘‘(2) $405,000,000 for fiscal year 2022;
‘‘(3) $420,000,000 for fiscal year 2023;
‘‘(4) $455,000,000 for fiscal year 2024; and
‘‘(5) $455,000,000 for fiscal year 2025.’’.
(2) TABLE OF CONTENTS.—The table of contents of the
Energy Policy Act of 2005 (Public Law 109–58; 119 Stat. 594)
is amended—
(A) in the items relating to sections 957, 958, and
959, by inserting ‘‘Sec.’’ before ‘‘95’’ each place it appears;
and
(B) by inserting after the item relating to section 959
the following:

Establishment.
Determination.

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‘‘Sec. 959A. Advanced reactor demonstration program.’’.

(h) INTERNATIONAL NUCLEAR ENERGY COOPERATION.—
(1) IN GENERAL.—Subtitle E of title IX of the Energy Policy
Act of 2005 (42 U.S.C. 16271 et seq.), as amended by subsection
(g), is further amended by adding at the end the following:

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134 STAT. 2470
42 USC 16279b.

PUBLIC LAW 116–260—DEC. 27, 2020

‘‘SEC. 959B. INTERNATIONAL NUCLEAR ENERGY COOPERATION.

‘‘The Secretary shall carry out a program—
‘‘(1) to collaborate in international efforts with respect to
research, development, demonstration, and commercial application of nuclear technology that supports diplomatic, financing,
nonproliferation, climate, and international economic objectives
for the safe, secure, and peaceful use of such technology; and
‘‘(2) to develop collaboration initiatives with respect to such
efforts with a variety of countries through—
‘‘(A) preparations for research and development agreements;
‘‘(B) the development of coordinated action plans; and
‘‘(C) new or existing multilateral cooperation commitments including—
‘‘(i) the International Framework for Nuclear
Energy Cooperation;
‘‘(ii) the Generation IV International Forum;
‘‘(iii) the International Atomic Energy Agency;
‘‘(iv) the Organization for Economic Co-operation
and Development Nuclear Energy Agency; and
‘‘(v) any other international collaborative effort
with respect to advanced nuclear reactor operations
and safety.’’.
(2) TABLE OF CONTENTS.—The table of contents of the
Energy Policy Act of 2005 (Public Law 109–58; 119 Stat. 594),
as amended by subsection (g), is further amended by inserting
after the item relating to section 959A the following:
‘‘Sec. 959B. International nuclear energy cooperation.’’.
SEC.

Coordination.

2004.

HIGH-PERFORMANCE COMPUTATION
RESEARCH PROGRAM.

COLLABORATIVE

Section 957 of the Energy Policy Act of 2005 (42 U.S.C. 16277)
is amended by adding at the end the following:
‘‘(d) DUPLICATION.—The Secretary shall ensure the coordination
of, and avoid unnecessary duplication of, the activities of the program under subsection (a) with the activities of—
‘‘(1) other research entities of the Department, including
the National Laboratories, the Advanced Research Projects
Agency–Energy, and the Advanced Scientific Computing
Research program; and
‘‘(2) industry.’’.
SEC. 2005. NUCLEAR ENERGY BUDGET PLAN.

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Time period.

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Section 959 of the Energy Policy Act of 2005 (42 U.S.C. 16279)
is amended—
(1) by amending subsection (b) to read as follows:
‘‘(b) BUDGET PLAN ALTERNATIVE 1.—One of the budget plans
submitted under subsection (a) shall assume constant annual
funding for 10 years at the appropriated level for the current
fiscal year for the civilian nuclear energy research and development
of the Department.’’;
(2) in subsection (d)(2) by striking ‘‘; and’’ and inserting
‘‘;’’;
(3) in subsection (d)(3) by striking the period at the end
and inserting ‘‘; and’’
(4) by inserting at the end of subsection (d) the following:

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2471

‘‘(4) a description of the progress made under the programs
described in section 959A.’’; and
(5) by inserting after subsection (d) the following:
‘‘(e) UPDATES.—Not less frequently than once every 2 years,
the Secretary shall submit to the Committee on Science, Space,
and Technology of the House of Representatives and the Committee
on Energy and Natural Resources of the Senate updated 10-year
budget plans which shall identify, and provide a justification for,
any major deviation from a previous budget plan submitted under
this section.’’.
SEC. 2006. ORGANIZATION AND ADMINISTRATION OF PROGRAMS.

Deadline.

42 USC 16279c.

(a) IN GENERAL.—Subtitle E of title IX of the Energy Policy
Act of 2005 (42 U.S.C. 16271 et seq.), as amended by this Act,
is further amended by adding at the end of the following:

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‘‘SEC. 959C. ORGANIZATION AND ADMINISTRATION OF PROGRAMS.

‘‘(a) COORDINATION.—In carrying out this subtitle, the Secretary
shall coordinate activities, and effectively manage crosscutting
research priorities across programs of the Department and other
relevant Federal agencies, including the National Laboratories.
‘‘(b) COLLABORATION.—
‘‘(1) IN GENERAL.—In carrying out this subtitle, the Secretary shall collaborate with industry, National Laboratories,
other relevant Federal agencies, institutions of higher education, including minority-serving institutions and research
reactors, Tribal entities, including Alaska Native Corporations,
and international bodies with relevant scientific and technical
expertise.
‘‘(2) PARTICIPATION.—To the extent practicable, the Secretary shall encourage research projects that promote collaboration between entities specified in paragraph (1).
‘‘(c) DISSEMINATION OF RESULTS AND PUBLIC AVAILABILITY.—
The Secretary shall, except to the extent protected from disclosure
under section 552(b) of title 5, United States Code, publish the
results of projects supported under this subtitle through Department websites, reports, databases, training materials, and industry
conferences, including information discovered after the completion
of such projects.
‘‘(d) EDUCATION AND OUTREACH.—In carrying out the activities
described in this subtitle, the Secretary shall support education
and outreach activities to disseminate information and promote
public understanding of nuclear energy.
‘‘(e) TECHNICAL ASSISTANCE.—In carrying out this subtitle, for
the purposes of supporting technical, nonhardware, and information-based advances in nuclear energy development and operations,
the Secretary shall also conduct technical assistance and analysis
activities, including activities that support commercial application
of nuclear energy in rural, Tribal, and low-income communities.
‘‘(f) PROGRAM REVIEW.—At least annually, all programs in this
subtitle shall be subject to an annual review by the Nuclear Energy
Advisory Committee of the Department or other independent entity,
as appropriate.
‘‘(g) SENSITIVE INFORMATION.—The Secretary shall not publish
any information generated under this subtitle that is detrimental
to national security, as determined by the Secretary.’’.
(b) TABLE OF CONTENTS.—The table of contents of the Energy
Policy Act of 2005 (Public Law 109–58; 119 Stat. 594), as amended

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134 STAT. 2472

PUBLIC LAW 116–260—DEC. 27, 2020

by this Act, is further amended by inserting after the item relating
to section 959B the following:
‘‘Sec. 959C. Organization and administration of programs.’’.
SEC. 2007. EXTENSION AND EXPANSION OF LIMITATIONS ON IMPORTATION OF URANIUM FROM RUSSIAN FEDERATION.

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Definition.

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(a) IN GENERAL.—Section 3112A of the USEC Privatization
Act (42 U.S.C. 2297h–10a) is amended—
(1) in subsection (a)—
(A) by redesignating paragraph (7) as paragraph (8);
and
(B) by inserting after paragraph (6) the following:
‘‘(7) SUSPENSION AGREEMENT.—The term ‘Suspension
Agreement’ has the meaning given that term in section
3102(13).’’;
(2) in subsection (b)—
(A) by striking ‘‘United States to support’’ and inserting
the following: ‘‘United States—
‘‘(1) to support’’;
(B) by striking the period at the end and inserting
a semicolon; and
(C) by adding at the end the following:
‘‘(2) to reduce reliance on uranium imports in order to
protect essential national security interests;
‘‘(3) to revive and strengthen the supply chain for nuclear
fuel produced and used in the United States; and
‘‘(4) to expand production of nuclear fuel in the United
States.’’; and
(3) in subsection (c)—
(A) in paragraph (2)—
(i) in subparagraph (A)—
(I) in clause (vi), by striking ‘‘; and’’ and
inserting a semicolon;
(II) in clause (vii), by striking the period at
the end and inserting a semicolon; and
(III) by adding at the end the following:
‘‘(viii) in calendar year 2021, 596,682 kilograms;
‘‘(ix) in calendar year 2022, 489,617 kilograms;
‘‘(x) in calendar year 2023, 578,877 kilograms;
‘‘(xi) in calendar year 2024, 476,536 kilograms;
‘‘(xii) in calendar year 2025, 470,376 kilograms;
‘‘(xiii) in calendar year 2026, 464,183 kilograms;
‘‘(xiv) in calendar year 2027, 459,083 kilograms;
‘‘(xv) in calendar year 2028, 344,312 kilograms;
‘‘(xvi) in calendar year 2029, 340,114 kilograms;
‘‘(xvii) in calendar year 2030, 332,141 kilograms;
‘‘(xviii) in calendar year 2031, 328,862 kilograms;
‘‘(xix) in calendar year 2032, 322,255 kilograms;
‘‘(xx) in calendar year 2033, 317,536 kilograms;
‘‘(xxi) in calendar year 2034, 298,088 kilograms;
‘‘(xxii) in calendar year 2035, 294,511 kilograms;
‘‘(xxiii) in calendar year 2036, 286,066 kilograms;
‘‘(xxiv) in calendar year 2037, 281,272 kilograms;
‘‘(xxv) in calendar year 2038, 277,124 kilograms;
‘‘(xxvi) in calendar year 2039, 277,124 kilograms;
and

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134 STAT. 2473

‘‘(xxvii) in calendar year 2040, 267,685 kilograms.’’;
(ii) by redesignating subparagraph (B) as subparagraph (C); and
(iii) by inserting after subparagraph (A) the following:
‘‘(B) ADMINISTRATION.—
‘‘(i) IN GENERAL.—The Secretary of Commerce shall
administer the import limitations described in subparagraph (A) in accordance with the provisions of the
Suspension Agreement, including—
‘‘(I) the limitations on sales of enriched uranium product and separative work units plus
conversion, in amounts determined in accordance
with Section IV.B.1 of the Suspension Agreement
(as amended by the amendment published in the
Federal Register on October 9, 2020 (85 Fed. Reg.
64112));
‘‘(II) the export limit allocations set forth in
Appendix 5 of the Suspension Agreement (as so
amended);
‘‘(III) the requirements for natural uranium
returned feed associated with imports of lowenriched uranium, including pursuant to sales of
enrichment, with or without conversion, from the
Russian Federation, as set forth in Section IV.B.1
of the Suspension Agreement (as so amended);
‘‘(IV) any other provisions of the Suspension
Agreement (as so amended); and
‘‘(V) any related administrative guidance
issued by the Department of Commerce.
‘‘(ii) EFFECT OF TERMINATION OF SUSPENSION
AGREEMENT.—Clause (i) shall remain in effect if the
Suspension Agreement is terminated.’’;
(B) in paragraph (3)—
(i) in subparagraph (A), by striking the semicolon
and inserting ‘‘; or’’;
(ii) in subparagraph (B), by striking ‘‘; or’’ and
inserting a period; and
(iii) by striking subparagraph (C);
(C) in paragraph (5)—
(i) in subparagraph (A), by striking ‘‘reference
data’’ and all that follows through ‘‘2019’’ and inserting
the following: ‘‘lower scenario data in the report of
the World Nuclear Association entitled ‘The Nuclear
Fuel Report: Global Scenarios for Demand and Supply
Availability 2019–2040’. In each of calendar years 2023,
2029, and 2035’’; and
(ii) by redesignating subparagraphs (B) and (C)
as subparagraphs (C) and (D), respectively;
(iii) by inserting after subparagraph (A) the following:
‘‘(B) REPORT REQUIRED.—Not later than one year after
the date of the enactment of the Energy Act of 2020,
and every 3 years thereafter, the Secretary shall submit
to Congress a report that includes—

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134 STAT. 2474
Recommendation.

Russia.
Effective date.
42 USC
2297h–10a note.

PUBLIC LAW 116–260—DEC. 27, 2020

‘‘(i) a recommendation on the use of all publicly
available data to ensure accurate forecasting by scenario data to comport to actual demand for lowenriched uranium for nuclear reactors in the United
States; and
‘‘(ii) an identification of the steps to be taken to
adjust the import limitations described in paragraph
(2)(A) based on the most accurate scenario data.’’; and
(iv) in subparagraph (D), as redesignated by clause
(ii), by striking ‘‘subparagraph (B)’’ and inserting
‘‘subparagraph (C)’’;
(D) in paragraph (9), by striking ‘‘2020’’ and inserting
‘‘2040’’;
(E) in paragraph (12)(B), by inserting ‘‘or the Suspension Agreement’’ after ‘‘the Russian HEU Agreement’’; and
(F) by striking ‘‘(2)(B)’’ each place it appears and
inserting ‘‘(2)(C)’’.
(b) APPLICABILITY.—The amendments made by subsection (a)
apply with respect to uranium imported from the Russian Federation on or after January 1, 2021.
SEC. 2008. FUSION ENERGY RESEARCH.

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42 USC 2053.

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(a) PROGRAM.—Section 307 of the Department of Energy
Research and Innovation Act (42 U.S.C. 18645) is amended—
(1) by redesignating subsections (a) through (g) as subsections (b) through (h), respectively;
(2) by inserting before subsection (b), as so redesignated,
the following:
‘‘(a) PROGRAM.—As part of the activities authorized under section 209 of the Department of Energy Organization Act (42 U.S.C.
7139) and section 972 of the Energy Policy Act of 2005 (42 U.S.C.
16312), the Director shall carry out a fusion energy sciences
research and enabling technology development program to effectively address the scientific and engineering challenges to building
a cost competitive fusion power plant and to support the development of a competitive fusion power industry in the United States.
As part of this program, the Director shall carry out research
activities to expand the fundamental understandings of plasma
and matter at very high temperatures and densities for fusion
applications and for other engineering and plasma science applications.’’;
(3) by amending subsection (d) to read as follows:
‘‘(d) INERTIAL FUSION RESEARCH AND DEVELOPMENT.—
‘‘(1) IN GENERAL.—The Director shall carry out a program
of research and technology development in inertial fusion for
energy applications, including ion beam, laser, and pulsed
power fusion systems.
‘‘(2) ACTIVITIES.—As part of the program described in paragraph (1), the Director shall support activities at and partnerships with universities and the National Laboratories to—
‘‘(A) develop novel target designs;
‘‘(B) support modeling of various inertial fusion energy
concepts and systems;
‘‘(C) develop diagnostic tools; and
‘‘(D) improve inertial fusion energy driver technologies.
‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—Out of funds
authorized to be appropriated under subsection (o), there are

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authorized to be appropriated to the Secretary to carry out
the activities described in subsection (d) $25,000,000 for each
of fiscal years 2021 through 2025.’’;
(4) by amending subsection (e) to read as follows:
‘‘(e) ALTERNATIVE AND ENABLING CONCEPTS.—
‘‘(1) IN GENERAL.—The Director shall support research and
development activities and facility operations at institutions
of higher education, National Laboratories, and private facilities
in the United States for a portfolio of alternative and enabling
fusion energy concepts that may provide solutions to significant
challenges to the establishment of a commercial magnetic fusion
power plant, prioritized based on the ability of the United
States to play a leadership role in the international fusion
research community.
‘‘(2) ACTIVITIES.—Fusion energy concepts and activities
explored under paragraph (1) may include—
‘‘(A) alternative fusion energy concepts, including—
‘‘(i) advanced stellarator concepts;
‘‘(ii) non-tokamak confinement configurations operating at low magnetic fields;
‘‘(iii) magnetized target fusion energy concepts; or
‘‘(iv) other promising fusion energy concepts identified by the Director;
‘‘(B) enabling fusion technology development activities,
including—
‘‘(i) high magnetic field approaches facilitated by
high temperature superconductors;
‘‘(ii) liquid metals to address issues associated with
fusion plasma interactions with the inner wall of the
encasing device; and
‘‘(iii) advanced blankets for heat management and
fuel breeding; and
‘‘(C) advanced scientific computing activities.
‘‘(3) INNOVATION NETWORK FOR FUSION ENERGY.—
‘‘(A) IN GENERAL.—The Secretary, acting through the
Office of Science, shall support a program to provide fusion
energy researchers with access to scientific and technical
resources and expertise at facilities supported by the
Department, including such facilities at National Laboratories and universities, to advance innovative fusion energy
technologies toward commercial application.
‘‘(B) AWARDS.—Financial assistance under the program
established in subsection (a)—
‘‘(i) shall be awarded on a competitive, meritreviewed basis; and
‘‘(ii) may be in the form of grants, vouchers, equipment loans, or contracts to private entities.
‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—Out of funds
authorized to be appropriated under subsection (o), there are
authorized to be appropriated to the Secretary to carry out
the activities described in subsection (e) $50,000,000 for each
of fiscal years 2021 through 2025.’’; and
(5) by adding at the end the following:
‘‘(i) MILESTONE-BASED DEVELOPMENT PROGRAM.—
‘‘(1) IN GENERAL.—Using the authority of the Secretary
under section 646(g) of the Department of Energy Organization
Act (42 U.S.C. 7256(g)), notwithstanding paragraph (10) of such

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Time period.

Determination.

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section, the Secretary shall establish, not later than 6 months
after the date of enactment of this section, a milestone-based
fusion energy development program that requires projects to
meet particular technical milestones before a participant is
awarded funds by the Department.
‘‘(2) PURPOSE.—The purpose of the program established
by paragraph (1) shall be to support the development of a
U.S.-based fusion power industry through the research and
development of technologies that will enable the construction
of new full-scale fusion systems capable of demonstrating
significant improvements in the performance of such systems,
as defined by the Secretary, within 10 years of the enactment
of this section.
‘‘(3) ELIGIBILITY.—Any entity is eligible to participate in
the program provided that the Secretary has deemed it as
having the necessary resources and expertise.
‘‘(4) REQUIREMENTS.—In carrying out the milestone-based
program under paragraph (1), the Secretary shall, for each
relevant project—
‘‘(A) request proposals from eligible entities, as determined by the Secretary, that include proposed technical
milestones, including estimated project timelines and total
costs;
‘‘(B) set milestones based on a rigorous technical review
process;
‘‘(C) award funding of a predetermined amount to
projects that successfully meet proposed milestones under
paragraph (1), or for expenses deemed reimbursable by
the Secretary, in accordance with terms negotiated for an
individual award; and
‘‘(D) communicate regularly with selected eligible entities and, if the Secretary deems appropriate, exercise small
amounts of flexibility for technical milestones as projects
mature.
‘‘(5) AWARDS.—For the program established under paragraph (1)—
‘‘(A) an award recipient shall be responsible for all
costs until milestones are achieved, or reimbursable
expenses are reviewed and verified by the Department;
‘‘(B) should an awardee not meet the milestones
described in paragraph (4), the Secretary may end the
partnership with an award recipient and use the remaining
funds in the ended agreement for new or existing projects
carried out under this section; and
‘‘(C) consistent with the existing authorities of the
Department, the Secretary may end the partnership with
an award recipient for cause during the performance period.
‘‘(6) APPLICATIONS.—Any project proposal submitted to the
program under paragraph (1) shall be evaluated based upon
its scientific, technical, and business merits through a peerreview process, which shall include reviewers with appropriate
expertise from the private sector, the investment community,
and experts in the science and engineering of fusion and plasma
physics.
‘‘(7) PROJECT MANAGEMENT.—In carrying out projects under
this program and assessing the completion of their milestones
in accordance with paragraph (4), the Secretary shall consult

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with experts that represent diverse perspectives and professional experiences, including those from the private sector,
to ensure a complete and thorough review.
‘‘(8) PROGRAMMATIC REVIEW.—Not later than 4 years after
the Secretary has established 3 milestones under this program,
the Secretary shall enter into a contractual arrangement with
the National Academy of Sciences to review and provide a
report describing the findings of this review to the House Committee on Science, Space, and Technology and the Senate Committee on Energy and Natural Resources on the program established under this paragraph (1) that assesses—
‘‘(A) the benefits and drawbacks of a milestone-based
fusion program as compared to traditional program structure funding models at the Department;
‘‘(B) lessons-learned from program operations; and
‘‘(C) any other matters the Secretary determines
regarding the program.
‘‘(9) ANNUAL REPORT.—As part of the annual budget request
submitted for each fiscal year, the Secretary shall provide the
House Committee on Science, Space, and Technology and the
Senate Committee on Energy and Natural Resources a report
describing partnerships supported by the program established
under paragraph (1) during the previous fiscal year.
‘‘(10) AUTHORIZATION OF APPROPRIATIONS.—Out of funds
authorized to be appropriated under subsection (o), there are
authorized to be appropriated to the Secretary to carry out
the activities described in subsection (i), to remain available
until expended—
‘‘(A) $45,000,000 for fiscal year 2021;
‘‘(B) $65,000,000 for fiscal year 2022;
‘‘(C) $105,000,000 for fiscal year 2023;
‘‘(D) $65,000,000 for fiscal year 2024; and
‘‘(E) $45,000,000 for fiscal year 2025.
‘‘(j) FUSION REACTOR SYSTEM DESIGN.—The Director shall support research and development activities to design future fusion
reactor systems and examine and address the technical drivers
for the cost of these systems.
‘‘(k) GENERAL PLASMA SCIENCE AND APPLICATIONS.—The
Director shall support research in general plasma science and high
energy density physics that advance the understanding of the scientific community of fundamental properties and complex behavior
of matter to control and manipulate plasmas for a broad range
of applications, including support for research relevant to advancements in chip manufacturing and microelectronics.
‘‘(l) SENSE OF CONGRESS.—It is the sense of Congress that
the United States should support a robust, diverse program in
addition to providing sufficient support to, at a minimum, meet
its commitments to ITER and maintain the schedule of the project
as determined by the Secretary in coordination with the ITER
Organization at the time of the enactment of this section. It is
further the sense of Congress that developing the scientific basis
for fusion, providing research results key to the success of ITER,
and training the next generation of fusion scientists are of critical
importance to the United States and should in no way be diminished
by participation of the United States in the ITER project.
‘‘(m) INTERNATIONAL COLLABORATION.—The Director shall—

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Contracts.
Assessments.

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‘‘(1) as practicable and in coordination with other appropriate Federal agencies as necessary, ensure the access of
United States researchers to the most advanced fusion research
facilities and research capabilities in the world, including ITER;
‘‘(2) to the maximum extent practicable, continue to leverage United States participation ITER, and prioritize expanding
international partnerships and investments in current and
future fusion research facilities within the United States; and
‘‘(3) to the maximum extent practicable, prioritize engagement in collaborative efforts in support of future international
facilities that would provide access to the most advanced fusion
research facilities in the world to United States researchers.
‘‘(n) FISSION AND FUSION RESEARCH COORDINATION REPORT.—
‘‘(1) IN GENERAL.—Not later than 6 months after the date
of enactment of this section, the Secretary shall transmit to
Congress a report addressing opportunities for coordinating
fusion energy research and development activities between the
Office of Nuclear Energy, the Office of Science, and the
Advanced Research Projects Agency—Energy.
‘‘(2) COMPONENTS.—The report shall assess opportunities
for collaboration on research and development of—
‘‘(A) liquid metals to address issues associated with
fusion plasma interactions with the inner wall of the
encasing device and other components within the reactor;
‘‘(B) immersion blankets for heat management and fuel
breeding;
‘‘(C) technologies and methods for instrumentation and
control;
‘‘(D) computational methods and codes for system operation and maintenance;
‘‘(E) codes and standard development;
‘‘(F) radioactive waste handling;
‘‘(G) radiological safety;
‘‘(H) potential for non-electricity generation applications; and
‘‘(I) any other overlapping priority as identified by the
Director of the Office of Science or the Assistant Secretary
of Energy for Nuclear Energy.
‘‘(o) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Secretary to carry out the activities
described in this section—
‘‘(1) $996,000,000 for fiscal year 2021;
‘‘(2) $921,000,000 for fiscal year 2022;
‘‘(3) $961,000,000 for fiscal year 2023;
‘‘(4) $921,000,000 for fiscal year 2024; and
‘‘(5) $901,000,000 for fiscal year 2025.’’.
(b) ITER.—Section 972(c) of the Energy Policy Act of 2005
(42 U.S.C. 16312) is amended to read as follows:
‘‘(c) UNITED STATES PARTICIPATION IN ITER.—
‘‘(1) IN GENERAL.—There is authorized United States
participation in the construction and operations of the ITER
project, as agreed to under the April 25, 2007 ‘Agreement
on the Establishment of the ITER International Fusion Energy
Organization for the Joint Implementation of the ITER Project’.
The Director shall coordinate and carry out the responsibilities
of the United States with respect to this Agreement.

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‘‘(2) REPORT.—Not later than 1 year after the date of enactment of this section, the Secretary shall submit to Congress
a report providing an assessment of the most recent schedule
for ITER that has been approved by the ITER Council.
‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—Out of funds
authorized to be appropriated under section 307(o) of the
Department of Energy Research and Innovation Act (42 U.S.C.
18645), there shall be made available to the Secretary to carry
out the construction of ITER—
‘‘(A) $374,000,000 for fiscal year 2021; and
‘‘(B) $281,000,000 for each of fiscal years 2022 through
2025.’’.

TITLE III—RENEWABLE ENERGY AND
STORAGE
Subtitle A—Renewable Energy Research
and Development
SEC. 3001. WATER POWER RESEARCH AND DEVELOPMENT.

(a) IN GENERAL.—Subtitle C of title VI of the Energy Independence and Security Act of 2007 (42 U.S.C. 17211 et seq.) is amended
to read as follows:

‘‘Subtitle C—Water Power Research and
Development

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‘‘SEC. 632. DEFINITIONS.

42 USC 17211.

‘‘In this subtitle:
‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible entity’ means any
of the following entities:
‘‘(A) An institution of higher education.
‘‘(B) A National Laboratory.
‘‘(C) A Federal research agency.
‘‘(D) A State research agency.
‘‘(E) A nonprofit research organization.
‘‘(F) An industrial entity or a multi-institutional consortium thereof.
‘‘(2) INSTITUTION OF HIGHER EDUCATION.—The term ‘institution of higher education’ means—
‘‘(A) an institution of higher education (as defined in
section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a))); or
‘‘(B) a postsecondary vocational institution (as defined
in section 102(c) of the Higher Education Act of 1965 (20
U.S.C. 1002(c))).
‘‘(3) MARINE ENERGY.—The term ‘marine energy’ means
energy from—
‘‘(A) waves, tides, and currents in oceans, estuaries,
and tidal areas;
‘‘(B) free flowing water in rivers, lakes, streams, and
man-made channels;

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PUBLIC LAW 116–260—DEC. 27, 2020
‘‘(C) differentials in salinity and pressure gradients;
and
‘‘(D) differentials in water temperature, including ocean
thermal energy conversion.
‘‘(4) NATIONAL LABORATORY.—The term ‘National Laboratory’ has the meaning given such term in section 2(3) of the
Energy Policy Act of 2005 (42 U.S.C. 15801(3)).
‘‘(5) WATER POWER.—The term ‘water power’ refers to
hydropower, including conduit power, pumped storage, and
marine energy technologies.
‘‘(6) MICROGRID.—The term ‘microgrid’ has the meaning
given such term in section 641 of the Energy Independence
and Security Act of 2007 (42 U.S.C. 17231).

42 USC 17212.

‘‘SEC. 633. WATER POWER TECHNOLOGY RESEARCH, DEVELOPMENT,
AND DEMONSTRATION.

‘‘The Secretary shall carry out a program to conduct research,
development, demonstration, and commercial application of water
power technologies in support of each of the following purposes:
‘‘(1) To promote research, development, demonstration, and
commercial application of water power generation technologies
in order to increase capacity and reduce the cost of those
technologies.
‘‘(2) To promote research and development to improve the
environmental impact of water power technologies.
‘‘(3) To provide grid reliability and resilience, including
through technologies that facilitate new market opportunities,
such as ancillary services, for water power.
‘‘(4) To promote the development of water power technologies to improve economic growth and enhance cross-institutional foundational workforce development in the water power
sector, including in coastal communities.

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42 USC 17213.

‘‘SEC. 634. HYDROPOWER RESEARCH, DEVELOPMENT, AND DEMONSTRATION.

‘‘The Secretary shall conduct a program of research, development, demonstration, and commercial application for technologies
that improve the capacity, efficiency, resilience, security, reliability,
affordability, and environmental impact, including potential cumulative environmental impacts, of hydropower systems. In carrying
out such program, the Secretary shall prioritize activities designed
to—
‘‘(1) develop technology for—
‘‘(A) non-powered dams, including aging and potentially
hazardous dams;
‘‘(B) pumped storage;
‘‘(C) constructed waterways;
‘‘(D) new stream-reach development;
‘‘(E) modular and small dams;
‘‘(F) increased operational flexibility; and
‘‘(G) enhancement of relevant existing facilities;
‘‘(2) develop new strategies and technologies, including
analytical methods, physical and numerical tools, and advanced
computing, as well as methods to validate such methods and
tools, in order to—
‘‘(A) extend the operational lifetime of hydropower systems and their physical structures, while improving

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environmental impact, including potential cumulative
environmental impacts;
‘‘(B) assist in device and system design, installation,
operation, and maintenance; and
‘‘(C) reduce costs, limit outages, and increase unit and
plant efficiencies, including by examining the impact of
changing water and electricity demand on hydropower
generation, flexibility, and provision of grid services;
‘‘(3) study, in conjunction with other relevant Federal agencies as appropriate, methods to improve the hydropower
licensing process, including by compiling current and accepted
best practices, public comments, and methodologies to assess
the full range of potential environmental and economic impacts;
‘‘(4) identify opportunities for joint research, development,
and demonstration programs between hydropower systems,
which may include—
‘‘(A) pumped storage systems and other renewable
energy systems;
‘‘(B) small hydro facilities and other energy storage
systems;
‘‘(C) other hybrid energy systems;
‘‘(D) small hydro facilities and critical infrastructure,
including water infrastructure; and
‘‘(E) hydro facilities and responsive load technologies,
which may include smart buildings and city systems;
‘‘(5) improve the reliability of hydropower technologies,
including during extreme weather events;
‘‘(6) develop methods and technologies to improve environmental impact, including potential cumulative environmental
impacts, of hydropower and pumped storage technologies,
including potential impacts on wildlife, such as—
‘‘(A) fisheries;
‘‘(B) aquatic life and resources;
‘‘(C) navigation of waterways; and
‘‘(D) upstream and downstream environmental conditions, including sediment movement, water quality, and
flow volumes;
‘‘(7) identify ways to increase power generation by—
‘‘(A) diversifying plant configuration options;
‘‘(B) improving pump-back efficiencies;
‘‘(C) investigating multi-phase systems;
‘‘(D) developing, testing, and monitoring advanced
generators with faster cycling times, variable speeds, and
improved efficiencies;
‘‘(E) developing, testing, and monitoring advanced turbines capable of improving environmental impact, including
potential cumulative environmental impacts, including
small turbine designs;
‘‘(F) developing standardized powertrain components;
‘‘(G) developing components with advanced materials
and manufacturing processes, including additive manufacturing; and
‘‘(H) developing analytical tools that enable hydropower
to provide grid services that, amongst other services,
improve grid integration of other energy sources;
‘‘(8) advance new pumped storage technologies, including—

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‘‘(A) systems with adjustable speed and other new
pumping and generating equipment designs;
‘‘(B) modular systems;
‘‘(C) alternative closed-loop systems, including mines
and quarries; and
‘‘(D) other innovative equipment and materials as
determined by the Secretary;
‘‘(9) reduce civil works costs and construction times for
hydropower and pumped storage systems, including comprehensive data and systems analysis of hydropower and pumped
storage construction technologies and processes in order to identify areas for whole-system efficiency gains;
‘‘(10) advance efficient and reliable integration of hydropower and pumped storage systems with the electric grid by—
‘‘(A) improving methods for operational forecasting of
renewable energy systems to identify opportunities for
hydropower applications in pumped storage and hybrid
energy systems, including forecasting of seasonal and
annual energy storage;
‘‘(B) considering aggregating small distributed hydropower assets; and
‘‘(C) identifying barriers to grid scale implementation
of hydropower and pumped storage technologies;
‘‘(11) improve computational fluid dynamic modeling
methods;
‘‘(12) improve flow measurement methods, including
maintenance of continuous flow measurement equipment;
‘‘(13) identify best methods for compiling data on all hydropower resources and assets, including identifying potential for
increased capacity; and
‘‘(14) identify mechanisms to test and validate performance
of hydropower and pumped storage technologies.

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42 USC 17214.

‘‘SEC. 635. MARINE ENERGY RESEARCH, DEVELOPMENT, AND DEMONSTRATION.

Consultation.

‘‘(a) IN GENERAL.—The Secretary, in consultation with the Secretary of Defense, Secretary of Commerce (acting through the Under
Secretary of Commerce for Oceans and Atmosphere) and other
relevant Federal agencies, shall conduct a program of research,
development, demonstration, and commercial application of marine
energy technology, including activities to—
‘‘(1) assist technology development to improve the components, processes, and systems used for power generation from
marine energy resources at a variety of scales;
‘‘(2) establish and expand critical testing infrastructure
and facilities necessary to—
‘‘(A) demonstrate and prove marine energy devices at
a range of scales in a manner that is cost-effective and
efficient; and
‘‘(B) accelerate the technological readiness and commercial application of such devices;
‘‘(3) address marine energy resource variability issues,
including through the application of energy storage technologies;
‘‘(4) advance efficient and reliable integration of marine
energy with the electric grid, which may include smart building
systems;

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‘‘(5) identify and study critical short-term and long-term
needs to maintaining a sustainable marine energy supply chain
based in the United States;
‘‘(6) increase the reliability, security, and resilience of
marine energy technologies;
‘‘(7) validate the performance, reliability, maintainability,
and cost of marine energy device designs and system components in an operating environment;
‘‘(8) consider the protection of critical infrastructure, such
as adequate separation between marine energy devices and
submarine telecommunications cables, including through the
development of voluntary, consensus-based standards for such
purposes;
‘‘(9) identify opportunities for crosscutting research,
development, and demonstration programs between existing
energy research programs;
‘‘(10) identify and improve, in conjunction with the Secretary of Commerce, acting through the Under Secretary of
Commerce for Oceans and Atmosphere, and other relevant Federal agencies as appropriate, the environmental impact,
including potential cumulative environmental impacts, of
marine energy technologies, including—
‘‘(A) potential impacts on fisheries and other marine
resources; and
‘‘(B) developing technologies, including mechanisms for
self-evaluation, and other means available for improving
environmental impact, including potential cumulative
environmental impacts;
‘‘(11) identify, in consultation with relevant Federal agencies, potential navigational impacts of marine energy technologies and strategies to prevent possible adverse impacts,
in addition to opportunities for marine energy systems to aid
the United States Coast Guard, such as remote sensing for
coastal border security;
‘‘(12) develop numerical and physical tools, including
models and monitoring technologies, to assist industry in device
and system design, installation, operation, and maintenance,
including methods to validate such tools;
‘‘(13) support materials science as it relates to marine
energy technology, such as the development of corrosive-resistant materials;
‘‘(14) improve marine energy resource forecasting and general understanding of aquatic system behavior, including turbulence and extreme conditions;
‘‘(15) develop metrics and voluntary, consensus-based
standards, in coordination with the National Institute of Standards and Technology and appropriate standard development
organizations, for marine energy components, systems, and
projects, including—
‘‘(A) measuring performance of marine energy technologies; and
‘‘(B) characterizing environmental conditions;
‘‘(16) enhance integration with hybrid energy systems,
including desalination;
‘‘(17) identify opportunities to integrate marine energy technologies into new and existing infrastructure; and

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‘‘(18) to develop technology necessary to support the use
of marine energy—
‘‘(A) for the generation and storage of power at sea;
and
‘‘(B) for the generation and storage of power to promote
the resilience of coastal communities, including in applications relating to—
‘‘(i) desalination;
‘‘(ii) disaster recovery and resilience; and
‘‘(iii) community microgrids in isolated power systems.
‘‘(b) STUDY OF NON-POWER SECTOR APPLICATIONS FOR
ADVANCED MARINE ENERGY TECHNOLOGIES.—
‘‘(1) IN GENERAL.—The Secretary, in consultation with the
Secretary of Transportation and the Secretary of Commerce,
shall conduct a study to examine opportunities for research
and development in advanced marine energy technologies for
non-power sector applications, including applications with
respect to—
‘‘(A) the maritime transportation sector;
‘‘(B) associated maritime energy infrastructure,
including infrastructure that serves ports, to improve
system resilience and disaster recovery; and
‘‘(C) enabling scientific missions at sea and in extreme
environments, including the Arctic.
‘‘(2) REPORT.—Not later than 1 year after the date of enactment of this section, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and
the Committee on Science, Space, and Technology of the House
of Representatives a report that describes the results of the
study conducted under paragraph (1).

Consultation.

42 USC 17215.

‘‘SEC. 636. NATIONAL MARINE ENERGY CENTERS.

Grants.

‘‘(a) IN GENERAL.—The Secretary shall award grants, each such
grant up to $10,000,000 per year, to institutions of higher education
(or consortia thereof) for—
‘‘(1) the continuation and expansion of the research,
development, demonstration, testing, and commercial application activities at the National Marine Energy Centers (referred
to in this section as ‘Centers’) established as of January 1,
2020; and
‘‘(2) the establishment of new National Marine Energy
Centers.
‘‘(b) LOCATION SELECTION.—In selecting institutions of higher
education for new Centers, the Secretary shall consider the following
criteria:
‘‘(1) Whether the institution hosts an existing marine
energy research and development program.
‘‘(2) Whether the institution has proven technical expertise
to support marine energy research.
‘‘(3) Whether the institution has access to marine resources.
‘‘(c) PURPOSES.—The Centers shall coordinate among themselves, the Department, and National Laboratories to—
‘‘(1) advance research, development, demonstration, and
commercial application of marine energy technologies in
response to industry and commercial needs;

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‘‘(2) support in-water testing and demonstration of marine
energy technologies, including facilities capable of testing—
‘‘(A) marine energy systems of various technology readiness levels and scales;
‘‘(B) a variety of technologies in multiple test berths
at a single location;
‘‘(C) arrays of technology devices; and
‘‘(D) interconnectivity to an electrical grid, including
microgrids; and
‘‘(3) collect and disseminate information on best practices
in all areas relating to developing and managing marine energy
resources and energy systems.
‘‘(d) COORDINATION.—To the extent practicable, the Centers
shall coordinate their activities with the Secretary of Commerce,
acting through the Undersecretary of Commerce for Oceans and
Atmosphere, and other relevant Federal agencies.
‘‘(e) TERMINATION.—To the extent otherwise authorized by law,
the Secretary may terminate funding for a Center described in
paragraph (a) if such Center is under-performing.

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‘‘SEC. 637. ORGANIZATION AND ADMINISTRATION OF PROGRAMS.

‘‘(a) COORDINATION.—In carrying out this subtitle, the Secretary
shall coordinate activities, and effectively manage cross-cutting
research priorities across programs of the Department and other
relevant Federal agencies, including the National Laboratories and
the National Marine Energy Centers.
‘‘(b) COLLABORATION.—
‘‘(1) IN GENERAL.—In carrying out this subtitle, the Secretary shall collaborate with industry, National Laboratories,
other relevant Federal agencies, institutions of higher education, including Minority Serving Institutions, National
Marine Energy Centers, Tribal entities, including Alaska
Native Corporations, and international bodies with relevant
scientific and technical expertise.
‘‘(2) PARTICIPATION.—To the extent practicable, the Secretary shall encourage research projects that promote collaboration between entities specified in paragraph (1) and include
entities not historically associated with National Marine Energy
Centers, such as Minority Serving Institutions.
‘‘(3) INTERNATIONAL COLLABORATION.—The Secretary, in
coordination with other appropriate Federal and multilateral
agencies (including the United States Agency for International
Development) shall support collaborative efforts with international partners to promote the research, development, and
demonstration of water power technologies used to develop
hydropower, pump storage, and marine energy resources.
‘‘(c) DISSEMINATION OF RESULTS AND PUBLIC AVAILABILITY.—
The Secretary shall—
‘‘(1) publish the results of projects supported under this
subtitle through Department websites, reports, databases,
training materials, and industry conferences, including information discovered after the completion of such projects, withholding any industrial proprietary information; and
‘‘(2) share results of such projects with the public except
to the extent that the information is protected from disclosure
under section 552(b) of title 5, United States Code.

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‘‘(d) AWARD FREQUENCY.—The Secretary shall solicit applications for awards under this subtitle no less frequently than once
per fiscal year.
‘‘(e) EDUCATION AND OUTREACH.—In carrying out the activities
described in this subtitle, the Secretary shall support education
and outreach activities to disseminate information and promote
public understanding of water power technologies and the water
power workforce, including activities at the National Marine Energy
Centers.
‘‘(f) TECHNICAL ASSISTANCE AND WORKFORCE DEVELOPMENT.—
In carrying out this subtitle, the Secretary may also conduct, for
purposes of supporting technical, non-hardware, and informationbased advances in water power systems development and operations—
‘‘(1) technical assistance and analysis activities with eligible
entities, including activities that support expanding access to
advanced water power technologies for rural, Tribal, and lowincome communities; and
‘‘(2) workforce development and training activities,
including to support the dissemination of standards and best
practices for enabling water power production.
‘‘(g) STRATEGIC PLAN.—In carrying out the activities described
in this subtitle, the Secretary shall—
‘‘(1) not later than one year after the date of the enactment
of the Energy Act of 2020, draft a plan, considering input
from relevant stakeholders such as industry and academia,
to implement the programs described in this subtitle and update
the plan on an annual basis; and
‘‘(2) the plan shall address near-term (up to 2 years), midterm (up to 7 years), and long-term (up to 15 years) challenges
to the advancement of water power systems.
‘‘(h) REPORT TO CONGRESS.—Not later than 1 year after the
date of the enactment of the Energy Act of 2020, and at least
once every 2 years thereafter, the Secretary shall provide, and
make available to the public and the relevant authorizing and
appropriations committees of Congress, a report on the findings
of research conducted and activities carried out pursuant to this
subtitle, including the most current strategic plan under subsection
(g) and the progress made in implementing such plan.

Deadline.

Time periods.

Time period.
Public
information.

42 USC 17217.

‘‘SEC. 638. APPLICABILITY OF OTHER LAWS.

‘‘Nothing in this subtitle shall be construed as waiving, modifying, or superseding the applicability of any requirement under
any environmental or other Federal or State law.
42 USC 17218.

‘‘SEC. 639. AUTHORIZATION OF APPROPRIATIONS.

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‘‘There are authorized to be appropriated to the Secretary to
carry out this subtitle $186,600,000 for each of fiscal years 2021
through 2025, including $137,428,378 for marine energy and
$49,171,622 for hydropower research, development, and demonstration activities.’’.
(b) CONFORMING TABLE OF CONTENTS AMENDMENT.—The table
of contents for the Energy Independence and Security Act of 2007
is amended by striking the items relating to subtitle C of title
VI and inserting the following:
‘‘Subtitle C—Water Power Research and Development
‘‘Sec. 632. Definitions.

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PUBLIC LAW 116–260—DEC. 27, 2020
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

633.
634.
635.
636.
637.
638.
639.

134 STAT. 2487

Water power technology research, development, and demonstration.
Hydropower research, development, and demonstration.
Marine energy research, development, and demonstration.
National Marine Energy Centers.
Organization and administration of programs.
Applicability of other laws.
Authorization of appropriations.’’.

SEC. 3002. ADVANCED GEOTHERMAL INNOVATION LEADERSHIP.

(a) DEFINITIONS.—Section 612 of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17191) is amended—
(1) by amending paragraph (1) to read as follows:
‘‘(1) ENGINEERED.—When referring to enhanced geothermal
systems, the term ‘engineered’ means designed to access subsurface heat, including stimulation and nonstimulation technologies to address one or more of the following issues:
‘‘(A) Lack of effective permeability, porosity or open
fracture connectivity within the heat reservoir.
‘‘(B) Insufficient contained geofluid in the heat reservoir.
‘‘(C) A low average geothermal gradient which necessitates deeper drilling, or the use of alternative heat sources
or heat generation processes.’’;
(2) by redesignating paragraphs (2) through (7) as paragraphs (3) through (8), respectively; and
(3) by adding after paragraph (1) the following:
‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible entity’ means any
of the following entities:
‘‘(A) An institution of higher education.
‘‘(B) A National laboratory.
‘‘(C) A Federal research agency.
‘‘(D) A State research agency.
‘‘(E) A nonprofit research organization.
‘‘(F) An industrial entity.
‘‘(G) A consortium of 2 or more entities described in
subparagraphs (A) through (F).’’.
(b) HYDROTHERMAL RESEARCH AND DEVELOPMENT.—Section 613
of the Energy Independence and Security Act of 2007 (42 U.S.C.
17192) is amended to read as follows:

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‘‘SEC. 613. HYDROTHERMAL RESEARCH AND DEVELOPMENT.

‘‘(a) IN GENERAL.—The Secretary shall carry out a program
of research, development, demonstration, and commercial application for geothermal energy production from hydrothermal systems.
‘‘(b) PROGRAMS.—The program authorized in subsection (a) shall
include the following:
‘‘(1) ADVANCED HYDROTHERMAL RESOURCE TOOLS.—The
research and development of advanced geologic tools to assist
in locating hydrothermal resources, and to increase the reliability of site characterization, including the development of
new imaging and sensing technologies and techniques to assist
in prioritization of targets for characterization;
‘‘(2)
EXPLORATORY
DRILLING
FOR
GEOTHERMAL
RESOURCES.—The demonstration of advanced technologies and
techniques of siting and exploratory drilling for undiscovered
resources in a variety of geologic settings, carried out in
collaboration with industry partners that will assist in the
acquisition of high quality data sets relevant for hydrothermal
subsurface characterization activities.’’.

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134 STAT. 2488

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(c) GENERAL GEOTHERMAL SYSTEMS RESEARCH AND DEVELOPMENT.—Section 614 of the Energy Independence and Security Act
of 2007 (42 U.S.C. 17193) is amended to read as follows:
‘‘SEC.

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Consultation.

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614.

GENERAL GEOTHERMAL
DEVELOPMENT.

SYSTEMS

RESEARCH

AND

‘‘(a) SUBSURFACE COMPONENTS AND SYSTEMS.—The Secretary
shall support a program of research, development, demonstration,
and commercial application of components and systems capable
of withstanding geothermal environments and necessary to develop,
produce, and monitor geothermal reservoirs and produce geothermal
energy.
‘‘(b) ENVIRONMENTAL IMPACTS.—The Secretary shall—
‘‘(1) support a program of research, development, demonstration, and commercial application of technologies and practices designed to mitigate or preclude potential adverse environmental impacts of geothermal energy development, production
or use;
‘‘(2) support a research program to identify potential
environmental impacts, including induced seismicity, and
environmental benefits of geothermal energy development,
production, and use, and ensure that the program described
in paragraph (1) addresses such impacts, including water use
and effects on groundwater and local hydrology;
‘‘(3) support a program of research to compare the potential
environmental impacts and environmental benefits identified
as part of the development, production, and use of geothermal
energy with the potential emission reductions of greenhouse
gases gained by geothermal energy development, production,
and use; and
‘‘(4) in carrying out this section, the Secretary shall, to
the maximum extent practicable, consult with relevant federal
agencies, including the Environmental Protection Agency.
‘‘(c) RESERVOIR THERMAL ENERGY STORAGE.—The Secretary
shall support a program of research, development, and demonstration of reservoir thermal energy storage, emphasizing cost-effective
improvements through deep direct use engineering, design, and
systems research.
‘‘(d) OIL AND GAS TECHNOLOGY TRANSFER INITIATIVE.—
‘‘(1) IN GENERAL.—The Secretary shall support an initiative
among the Office of Fossil Energy, the Office of Energy Efficiency and Renewable Energy, and the private sector to
research, develop, and demonstrate relevant advanced technologies and operation techniques used in the oil and gas
sector for use in geothermal energy development.
‘‘(2) PRIORITIES.—In carrying out paragraph (1), the Secretary shall prioritize technologies with the greatest potential
to significantly increase the use and lower the cost of geothermal energy in the United States, including the cost and
speed of geothermal drilling surface technologies, large- and
small-scale drilling, and well construction.
‘‘(e) COPRODUCTION OF GEOTHERMAL ENERGY AND MINERALS
PRODUCTION RESEARCH AND DEVELOPMENT INITIATIVE.—
‘‘(1) IN GENERAL.—The Secretary shall carry out a research
and development initiative under which the Secretary shall
provide financial assistance to demonstrate the coproduction
of critical minerals from geothermal resources.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2489

‘‘(2) REQUIREMENTS.—An award made under paragraph (1)
shall—
‘‘(A) improve the cost effectiveness of removing minerals from geothermal brines as part of the coproduction
process;
‘‘(B) increase recovery rates of the targeted mineral
commodity;
‘‘(C) decrease water use and other environmental
impacts, as determined by the Secretary; and
‘‘(D) demonstrate a path to commercial viability.
‘‘(f) FLEXIBLE OPERATIONS.—The Secretary shall support a
research initiative on flexible operation of geothermal power plants.
‘‘(g) INTEGRATED ENERGY SYSTEMS.—The Secretary shall identify opportunities for joint research, development, and demonstration programs between geothermal systems and other energy
generation or storage systems.
‘‘(h) DRILLING DATA REPOSITORY.—
‘‘(1) IN GENERAL.—The Secretary shall, in consultation with
the Secretary of the Interior, establish and operate a voluntary,
industry-wide repository of geothermal drilling information to
lower the cost of future geothermal drilling.
‘‘(2) REPOSITORY.—
‘‘(A) IN GENERAL.—In carrying out paragraph (1), the
Secretary shall collaborate with countries utilizing a significant amount of geothermal energy, as determined by the
Secretary.
‘‘(B) DATA SYSTEM.—The repository established under
paragraph (1) shall be integrated with the National Geothermal Data System.’’.
(d) ENHANCED GEOTHERMAL SYSTEMS RESEARCH AND DEVELOPMENT.—Section 615 of the Energy Independence and Security Act
of 2007 (42 U.S.C. 17194) is amended to read as follows:

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‘‘SEC.

615.

ENHANCED GEOTHERMAL
DEVELOPMENT.

SYSTEMS

RESEARCH

Consultation.

AND

‘‘(a) IN GENERAL.—The Secretary shall support a program of
research, development, demonstration, and commercial application
for enhanced geothermal systems, including the programs described
in subsection (b).
‘‘(b) ENHANCED GEOTHERMAL SYSTEMS TECHNOLOGIES.—In
collaboration with industry partners, institutions of higher education, and the national laboratories, the Secretary shall support
a program of research, development, demonstration, and commercial
application of the technologies to achieve higher efficiency and
lower cost enhanced geothermal systems, including—
‘‘(1) reservoir stimulation;
‘‘(2) drilled, non-stimulated (e.g. closed-loop) reservoir technologies;
‘‘(3) reservoir characterization, monitoring, and modeling
and understanding of the surface area and volume of fractures;
‘‘(4) stress and fracture mapping including real time monitoring and modeling;
‘‘(5) tracer development;
‘‘(6) three and four-dimensional seismic imaging and tomography;
‘‘(7) well placement and orientation;
‘‘(8) long-term reservoir management;

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134 STAT. 2490

Determination.

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‘‘(9) drilling technologies, methods, and tools;
‘‘(10) improved exploration tools;
‘‘(11) zonal isolation; and
‘‘(12) understanding induced seismicity risks from reservoir
engineering and stimulation.
‘‘(c) FRONTIER OBSERVATORY FOR RESEARCH IN GEOTHERMAL
ENERGY.—
‘‘(1) IN GENERAL.—The Secretary shall support the
establishment and construction of up to 3 field research sites,
which shall each be known as a ‘Frontier Observatory for
Research in Geothermal Energy’ or ‘FORGE’ site to develop,
test, and enhance techniques and tools for enhanced geothermal
energy.
‘‘(2) DUTIES.—The Secretary shall—
‘‘(A) provide financial assistance in support of research
and development projects focused on advanced monitoring
technologies, new technologies and approaches for implementing multi-zone stimulations, nonstimulation techniques, and dynamic reservoir modeling that incorporates
all available high-fidelity characterization data; and
‘‘(B) seek opportunities to coordinate efforts and share
information with domestic and international partners
engaged in research and development of geothermal systems and related technology, including coordination
between FORGE sites.
‘‘(3) SITE SELECTION.—Of the FORGE sites referred to in
paragraph (1), the Secretary shall—
‘‘(A) consider applications through a competitive, meritreviewed process, from National Laboratories, multiinstitutional collaborations, institutes of higher education
and other appropriate entities best suited to provide
national leadership on geothermal related issues and perform the duties enumerated under this subsection;
‘‘(B) prioritize existing field sites and facilities with
capabilities relevant to the duties enumerated under this
subsection;
‘‘(C) determine the mission need for and potential location of subsequent FORGE sites following the completion
of construction and one year of operation of two FORGE
sites; and
‘‘(D) ensure geologic diversity among FORGE sites
when developing subsequent sites, to the maximum extent
practicable.
‘‘(4) EXISTING FORGE SITES.—A FORGE site already in existence on the date of enactment of this Act may continue to
receive support.
‘‘(5) SITE OPERATION.—
‘‘(A) INITIAL DURATION.—FORGE sites selected under
paragraph (3) shall operate for an initial term of not more
than 7 years after the date on which site operation begins.
‘‘(B) PERFORMANCE METRICS.—The Secretary shall
establish performance metrics for each FORGE site supported under this paragraph, which may be used by the
Secretary to determine whether a FORGE site should continue to receive funding.
‘‘(6) ADDITIONAL TERMS.—

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134 STAT. 2491

‘‘(A) IN GENERAL.—At the end of an operational term
described in subparagraph (B), a FORGE site may—
‘‘(i) be transferred to other public or private entities
for further enhanced geothermal testing; or
‘‘(ii) subject to appropriations and a merit review
by the Secretary, operate for an additional term of
not more than 7 years.
‘‘(B) OPERATIONAL TERM DESCRIBED.—An operational
term referred to in subparagraph (A)—
‘‘(i) in the case of an existing FORGE site, is the
existing operational term; and
‘‘(ii) in the case of new FORGE sites selected under
paragraph (3), is the initial term under paragraph
(5)(A) or an additional term under subparagraph (A)(ii)
of this paragraph.
‘‘(7) FUNDING.—
‘‘(A) IN GENERAL.—Out of funds authorized to be appropriated under section 623, there shall be made available
to the Secretary to carry out the FORGE activities under
this paragraph—
‘‘(i) $45,000,000 for fiscal year 2021;
‘‘(ii) $55,000,000 for fiscal year 2022;
‘‘(iii) $65,000,000 for fiscal year 2023;
‘‘(iv) $70,000,000 for fiscal year 2024; and
‘‘(v) $70,000,000 for fiscal year 2025.
‘‘(B) CONSIDERATIONS.—In carrying out this subsection,
the Secretary shall consider the balance between funds
dedicated to construction and operations and research
activities to reflect the state of site development.
‘‘(d) ENHANCED GEOTHERMAL SYSTEMS DEMONSTRATIONS.—
‘‘(1) IN GENERAL.—Beginning on the date of enactment
of this section, the Secretary, in collaboration with industry
partners, institutions of higher education, and the national
laboratories, shall support an initiative for demonstration of
enhanced geothermal systems for power production or direct
use.
‘‘(2) PROJECTS.—
‘‘(A) IN GENERAL.—Under the initiative described in
paragraph (1), 4 demonstration projects shall be carried
out in locations that are potentially commercially viable
for enhanced geothermal systems development, while also
considering environmental impacts to the maximum extent
practicable, as determined by the Secretary.
‘‘(B) REQUIREMENTS.—Demonstration projects under
subparagraph (A) shall—
‘‘(i) collectively demonstrate—
‘‘(I) different geologic settings, such as hot
sedimentary aquifers, layered geologic systems,
supercritical systems, and basement rock systems;
and
‘‘(II) a variety of development techniques,
including open hole and cased hole completions,
differing well orientations, and stimulation and
nonstimulation mechanisms; and
‘‘(ii) to the extent practicable, use existing sites
where subsurface characterization or geothermal
energy integration analysis has been conducted.

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Time period.

Effective date.

Determination.

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134 STAT. 2492

PUBLIC LAW 116–260—DEC. 27, 2020
‘‘(C) EASTERN DEMONSTRATION.—Not fewer than 1 of
the demonstration projects carried out under subparagraph
(A) shall be located an area east of the Mississippi River
that is suitable for enhanced geothermal demonstration
for power, heat, or a combination of power and heat.
‘‘(D) MILESTONE-BASED DEMONSTRATION PROJECTS.—
The Secretary may carry out demonstration projects under
this subsection as a milestone-based demonstration project
under section 9005 of the Energy Act of 2020.
‘‘(3) FUNDING.—Out of funds authorized to be appropriated
under section 623, there shall be made available to the Secretary to carry out the demonstration activities under this
subsection $21,000,000 for each of fiscal years 2021 through
2025.’’.
(e) GEOTHERMAL HEAT PUMPS AND DIRECT USE.—
(1) IN GENERAL.—Title VI of the Energy Independence and
Security Act of 2007 is amended by inserting after section
616 (42 U.S.C. 17195) the following:

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42 USC 17195a.

‘‘SEC. 616A. GEOTHERMAL HEAT PUMPS AND DIRECT USE RESEARCH
AND DEVELOPMENT.

‘‘(a) PURPOSES.—The purposes of this section are—
‘‘(1) to improve the understanding of related earth sciences,
components, processes, and systems used for geothermal heat
pumps and the direct use of geothermal energy; and
‘‘(2) to increase the energy efficiency, lower the cost,
increase the use, and improve and demonstrate the effectiveness of geothermal heat pumps and the direct use of geothermal
energy.
‘‘(b) DEFINITIONS.—In this section:
‘‘(1) DIRECT USE OF GEOTHERMAL ENERGY.—The term ‘direct
use of geothermal energy’ means geothermal systems that use
water directly or through a heat exchanger to provide—
‘‘(A) heating and cooling to buildings, commercial districts, residential communities, and large municipal, or
industrial projects; or
‘‘(B) heat required for industrial processes, agriculture,
aquaculture, and other facilities.
‘‘(2) ECONOMICALLY DISTRESSED AREA.—The term ‘economically distressed area’ means an area described in section 301(a)
of the Public Works and Economic Development Act of 1965
(42 U.S.C. 3161(a)).
‘‘(3) GEOTHERMAL HEAT PUMP.—The term ‘geothermal heat
pump’ means a system that provides heating and cooling by
exchanging heat from shallow geology, groundwater, or surface
water using—
‘‘(A) a closed loop system, which transfers heat by
way of buried or immersed pipes that contain a mix of
water and working fluid; or
‘‘(B) an open loop system, which circulates ground or
surface water directly into the building and returns the
water to the same aquifer or surface water source.
‘‘(c) PROGRAM.—
‘‘(1) IN GENERAL.—The Secretary shall support within the
Geothermal Technologies Office a program of research, development, and demonstration for geothermal heat pumps and the
direct use of geothermal energy.

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134 STAT. 2493

‘‘(2) AREAS.—The program under paragraph (1) may include
research, development, demonstration, and commercial application of—
‘‘(A) geothermal ground loop efficiency improvements,
cost reductions, and improved installation and operations
methods;
‘‘(B) the use of geothermal energy for building-scale
energy storage;
‘‘(C) the use of geothermal energy as a grid management resource or seasonal energy storage;
‘‘(D) geothermal heat pump efficiency improvements;
‘‘(E) the use of alternative fluids as a heat exchange
medium, such as hot water found in mines and mine shafts,
graywater, or other fluids that may improve the economics
of geothermal heat pumps;
‘‘(F) heating of districts, neighborhoods, communities,
large commercial or public buildings, and industrial and
manufacturing facilities;
‘‘(G) the use of low temperature groundwater for direct
use; and
‘‘(H) system integration of direct use with geothermal
electricity production.
‘‘(3) ENVIRONMENTAL IMPACTS.—In carrying out the program, the Secretary shall identify and mitigate potential
environmental impacts in accordance with section 614(b).
‘‘(d) FINANCIAL ASSISTANCE.—
‘‘(1) IN GENERAL.—The Secretary shall carry out the program established in subsection (c) by making financial assistance available to State, local, and Tribal governments, institutions of higher education, nonprofit entities, National Laboratories, utilities, and for-profit companies.
‘‘(2) PRIORITY.—In providing financial assistance under this
subsection, the Secretary may give priority to proposals that
apply to large buildings, commercial districts, and residential
communities that are located in economically distressed areas
and areas that the Secretary determines to have high economic
potential for geothermal district heating based on the report,
‘Geovision: Harnessing the Heat Beneath our Feet’ published
by the Department in 2019, or a successor report.’’.
(2) CONFORMING AMENDMENT.—Section 1(b) of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17001 note)
is amended in the table of contents by inserting after the
item relating to section 616 the following:

Determination.

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‘‘Sec. 616A. Geothermal heat pumps and direct use research and development.’’.

(f) ORGANIZATION AND ADMINISTRATION OF PROGRAMS.—
(1) IN GENERAL.—Section 617 of the Energy Independence
and Security Act of 2007 (42 U.S.C. 17196) is amended—
(A) by striking the section heading and inserting
‘‘organization and administration of programs’’;
(B) in subsection (b), by striking paragraph (2) and
redesignating paragraphs (3) and (4) as paragraphs (2)
and (3), respectively; and
(C) by adding at the end the following:
‘‘(c) EDUCATION AND OUTREACH.—In carrying out the activities
described in this subtitle, the Secretary shall support education
and outreach activities to disseminate information on geothermal

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134 STAT. 2494

PUBLIC LAW 116–260—DEC. 27, 2020

energy technologies and the geothermal energy workforce, including
activities at the Frontier Observatory for Research in Geothermal
Energy site or sites.
‘‘(d) TECHNICAL ASSISTANCE.—In carrying out this subtitle, the
Secretary shall also conduct technical assistance and analysis activities with eligible entities for the purpose of supporting the commercial application of advances in geothermal energy systems development and operations, which may include activities that support
expanding access to advanced geothermal energy technologies for
rural, Tribal, and low-income communities.
‘‘(e) REPORT.—Every 5 years after the date of enactment of
this subsection, the Secretary shall report to the Committee on
Science and Technology of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate on
advanced concepts and technologies to maximize the geothermal
resource potential of the United States.
‘‘(f) PROGRESS REPORTS.—Not later than 1 year after the date
of enactment of this subsection, and every 2 years thereafter, the
Secretary shall submit to the Committee on Science and Technology
of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate a report on the results of
projects undertaken under this part and other such information
the Secretary considers appropriate.’’.
(2) CONFORMING AMENDMENT.—Section 1(b) of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17001 note)
is amended in the table of contents by amending the item
related to section 617 to read as follows:
‘‘Sec. 617. Organization and administration of programs.’’.

(g) ADVANCED GEOTHERMAL COMPUTING AND DATA SCIENCE
RESEARCH AND DEVELOPMENT.—
(1) IN GENERAL.—Section 618 of the Energy Independence
and Security Act of 2007 (42 U.S.C. 17197) is amended to
read as follows:

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‘‘SEC. 618. ADVANCED GEOTHERMAL COMPUTING AND DATA SCIENCE
RESEARCH AND DEVELOPMENT.

‘‘(a) IN GENERAL.—The Secretary shall carry out a program
of research and development of advanced computing and data
science tools for geothermal energy.
‘‘(b) PROGRAMS.—The program authorized in subsection (a) shall
include the following:
‘‘(1) ADVANCED COMPUTING FOR GEOTHERMAL SYSTEMS
TECHNOLOGIES.—Research, development, and demonstration of
technologies to develop advanced data, machine learning, artificial intelligence, and related computing tools to assist in
locating geothermal resources, to increase the reliability of site
characterization, to increase the rate and efficiency of drilling,
to improve induced seismicity mitigation, and to support
enhanced geothermal systems technologies.
‘‘(2) GEOTHERMAL SYSTEMS RESERVOIR MODELING.—
Research, development, and demonstration of models of geothermal reservoir performance and enhanced geothermal systems reservoir stimulation technologies and techniques, with
an emphasis on accurately modeling fluid and heat flow, permeability evolution, geomechanics, geochemistry, seismicity, and

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134 STAT. 2495

operational performance over time, including collaboration with
industry and field validation.
‘‘(c) COORDINATION.—In carrying out these programs, the Secretary shall ensure coordination and consultation with the Department of Energy’s Office of Science. The Secretary shall ensure,
to the maximum extent practicable, coordination of these activities
with the Department of Energy National Laboratories, institutes
of higher education, and the private sector.’’.
(2) CONFORMING AMENDMENT.—Section 1(b) of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17001 note)
is amended in the table of contents by amending the item
related to section 618 to read as follows:

Consultation.

‘‘Sec. 618. Advanced geothermal computing and data science research and development.’’.

(h) GEOTHERMAL WORKFORCE DEVELOPMENT.—
(1) IN GENERAL.—Section 619 of the Energy Independence
and Security Act of 2007 (42 U.S.C. 17198) is amended to
read as follows:
‘‘SEC. 619. GEOTHERMAL WORKFORCE DEVELOPMENT.

‘‘The Secretary shall support the development of a geothermal
energy workforce through a program that—
‘‘(1) facilitates collaboration between university students
and researchers at the National Laboratories; and
‘‘(2) prioritizes science in areas relevant to the mission
of the Department through the application of geothermal energy
tools and technologies.’’.
(2) CONFORMING AMENDMENT.—Section 1(b) of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17001 note)
is amended in the table of contents by amending the item
related to section 619 to read as follows:
‘‘Sec. 619. Geothermal workforce development.’’.

(i) REPEALS.—
(1) EISA REPEAL.—Subtitle B of title VI of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17191 et
seq.) is amended by striking sections 620 and 621.
(2) CONFORMING AMENDMENT.—Section 1(b) of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17001 note)
is amended in the table of contents by striking the item related
to section 620 and 621.
(3) ADDITIONAL REPEAL.—The Geothermal Energy
Research, Development, and Demonstration Act of 1974 (30
U.S.C. 1101 et seq.) is repealed.
(j) AUTHORIZATION OF APPROPRIATIONS.—Section 623 of the
Energy Independence and Security Act of 2007 (42 U.S.C. 17202)
is amended to read as follows:

42 USC 17199,
17200.

30 USC 1101
and note, 1102,
1121–1126,
1141–1147,
1161–1164.

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‘‘SEC. 623. AUTHORIZATION OF APPROPRIATIONS.

‘‘There are authorized to be appropriated to the Secretary to
carry out the programs under this subtitle $170,000,000 for each
of fiscal years 2021 through 2025.’’.
(k) INTERNATIONAL GEOTHERMAL ENERGY DEVELOPMENT.—Section 624 of the Energy Independence and Security Act of 2007
(42 U.S.C. 17203) is amended—
(1) by amending subsection (a) to read as follows:

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134 STAT. 2496
Coordination.

Consultation.

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Coordination.

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PUBLIC LAW 116–260—DEC. 27, 2020

‘‘(a) IN GENERAL.—The Secretary of Energy, in coordination
with other appropriate Federal and multilateral agencies (including
the United States Agency for International Development) shall support collaborative efforts with international partners to promote
the research, development, and demonstration of geothermal technologies used to develop hydrothermal and enhanced geothermal
system resources.’’; and
(2) by striking subsection (c).
(l) REAUTHORIZATION OF HIGH COST REGION GEOTHERMAL
ENERGY GRANT PROGRAM.—Section 625 of the Energy Independence
and Security Act of 2007 (42 U.S.C. 17204) is amended—
(1) in subsection (a)(2), by inserting ‘‘or heat’’ after ‘‘electrical power’’; and
(2) by amending subsection (e) to read as follows:
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—Out of funds authorized under section 623, there is authorized to be appropriated
to carry out this section $5,000,000 for each of fiscal years 2021
through 2025.’’.
(m) UPDATE TO GEOTHERMAL RESOURCE ASSESSMENT.—Section
2501 of the Energy Policy Act of 1992 (30 U.S.C. 1028) is amended—
(1) by redesignating subsections (a) and (b) as subsections
(b) and (d), respectively;
(2) by inserting before subsection (b) (as so redesignated)
the following:
‘‘(a) DEFINITION OF ENHANCED GEOTHERMAL SYSTEMS.—In this
section, the term ‘enhanced geothermal systems’ has the meaning
given the term in section 612 of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17191).’’;
(3) by inserting after subsection (b) (as so redesignated)
the following:
‘‘(c) UPDATE TO GEOTHERMAL RESOURCE ASSESSMENT.—The Secretary of the Interior, acting through the United States Geological
Survey, and in consultation with the Secretary of Energy, shall
update the 2008 United States geothermal resource assessment
carried out by the United States Geological Survey, including—
‘‘(1) with respect to areas previously identified by the
Department of Energy or the United States Geological Survey
as having significant potential for hydrothermal energy or
enhanced geothermal systems energy, by focusing on—
‘‘(A) improving the resolution of resource potential at
systematic temperatures and depths, including temperatures and depths appropriate for power generation and
direct use applications;
‘‘(B) quantifying the total potential to coproduce geothermal energy and minerals;
‘‘(C) incorporating data relevant to underground
thermal energy storage and exchange, such as aquifer and
soil properties; and
‘‘(D) producing high resolution maps, including—
‘‘(i) maps that indicate key subsurface parameters
for electric and direct use resources; and
‘‘(ii) risk maps for induced seismicity based on
geologic, geographic, and operational parameters; and
‘‘(2) to the maximum extent practicable, by coordinating
with relevant State officials and institutions of higher education
to expand geothermal assessments, including enhanced geothermal systems assessments, to include assessments for the

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2497

Commonwealth of Puerto Rico and the States of Alaska and
Hawaii.’’; and
(4) in subsection (d) (as so redesignated), by striking
‘‘necesary’’ and inserting ‘‘necessary’’.
(n) MODIFYING THE DEFINITION OF RENEWABLE ENERGY TO
INCLUDE THERMAL ENERGY.—
(o) MODIFYING THE DEFINITION OF RENEWABLE ENERGY TO
INCLUDE THERMAL ENERGY.—Section 203 of the Energy Policy Act
of 2005 (42 U.S.C. 15852) is amended—
(1) in subsection (b)(2), by striking ‘‘generated’’ and
inserting ‘‘produced’’; and
(2) in subsection (c)—
(A) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively, and indenting
appropriately;
(B) in the matter preceding subparagraph (A) (as so
redesignated), by striking ‘‘For purposes’’ and inserting the
following:
‘‘(1) IN GENERAL.—For purposes’’; and
(C) by adding at the end the following:
‘‘(2) SEPARATE CALCULATION.—
‘‘(A) IN GENERAL.—For purposes of determining compliance with the requirement of this section, any energy
consumption that is avoided through the use of geothermal
energy shall be considered to be renewable energy produced.
‘‘(B) EFFICIENCY ACCOUNTING.—Energy consumption
that is avoided through the use of geothermal energy that
is considered to be renewable energy under this section
shall not be considered energy efficiency for the purpose
of compliance with Federal energy efficiency goals, targets,
and incentives.’’.

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SEC. 3003. WIND ENERGY RESEARCH AND DEVELOPMENT.

42 USC 16237.

(a) DEFINITIONS.—In this section:
(1) CRITICAL MATERIAL.—The term ‘‘critical material’’ has
the meaning given the term in section 7002 of this Act.
(2) ECONOMICALLY DISTRESSED AREA.—The term ‘‘economically distressed area’’ means an area described in section 301(a)
of the Public Works and Economic Development Act of 1965
(42 U.S.C. 3161(a)).
(3) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means—
(A) an institution of higher education, including a
minority-serving institution;
(B) a National Laboratory;
(C) a Federal research agency;
(D) a State research agency;
(E) a research agency associated with a territory or
freely associated state;
(F) a Tribal energy development organization;
(G) an Indian Tribe;
(H) a Tribal organization;
(I) a Native Hawaiian community-based organization;
(J) a nonprofit research organization;
(K) an industrial entity;
(L) any other entity, as determined by the Secretary;
and

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134 STAT. 2498

PUBLIC LAW 116–260—DEC. 27, 2020
(M) a consortium of 2 or more entities described in
subparagraphs (A) through (L).
(4) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ has the
meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
(5) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institution of higher education’’ means—
(A) an institution of higher education (as defined in
section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a))); or
(B) a postsecondary vocational institution (as defined
in section 102(c) of the Higher Education Act of 1965 (20
U.S.C. 1002(c))).
(6) MINORITY SERVING INSTITUTION.—The term ‘‘minorityserving institution’’ has the meaning given the term ‘‘eligible
institution’’ in section 371(a) of the Higher Education Act of
1965 (20 U.S.C. 1067q(a)).
(7) NATIONAL LABORATORY.—The term ‘‘National Laboratory’’ has the meaning given such term in section 2(3) of the
Energy Policy Act of 2005 (42 U.S.C. 15801(3)).
(8) NATIVE HAWAIIAN COMMUNITY-BASED ORGANIZATION.—
The term ‘‘Native Hawaiian community-based organization’’ has
the meaning given the term in section 6207 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7517).
(9) PROGRAM.—The term ‘‘program’’ means the program
established under subsection (b)(1).
(10) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Energy.
(11) TERRITORY OR FREELY ASSOCIATED STATE.—The term
‘‘territory or freely associated state’’ has the meaning given
the term ‘‘insular area’’ in section 1404 of the Food and Agriculture Act of 1977 (7 U.S.C. 3103).
(12) TRIBAL ENERGY DEVELOPMENT ORGANIZATION.—The
term ‘‘Tribal energy development organization’’ has the meaning
given the term ‘‘tribal energy development organization’’ in
section 2601 of the Energy Policy Act of 1992 (25 U.S.C. 3501).
(13) TRIBAL ORGANIZATION.—The term ‘‘Tribal organization’’
has the meaning given the term in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
5304).
(b) WIND ENERGY TECHNOLOGY PROGRAM.—
(1) ESTABLISHMENT.—
(A) IN GENERAL.—The Secretary shall establish a program to conduct research, development, demonstration, and
commercialization of wind energy technologies in accordance with this subsection.
(B) PURPOSES.—The purposes of the program are the
following:
(i) To improve the energy efficiency, cost effectiveness, reliability, resilience, security, siting, integration,
manufacturability, installation, decommissioning, and
recyclability of wind energy technologies.
(ii) To optimize the performance and operation
of wind energy components, turbines, and systems,
including through the development of new materials,
hardware, and software.

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134 STAT. 2499

(iii) To optimize the design and adaptability of
wind energy technologies to the broadest practical
range of geographic, atmospheric, offshore, and other
site conditions, including—
(I) at varying hub heights; and
(II) through the use of computer modeling.
(iv) To support the integration of wind energy technologies with the electric grid and other energy technologies and systems.
(v) To reduce the cost, risk, and other potential
negative impacts across the lifespan of wind energy
technologies, including—
(I) manufacturing, siting, permitting, installation, operations, maintenance, decommissioning,
and recycling; and
(II) through the development of solutions to
transportation barriers to wind components.
(vi) To reduce and mitigate potential negative
impacts of wind energy technologies on human communities, the environment, or commerce.
(vii) To address barriers to the commercialization
and export of wind energy technologies.
(viii) To support the domestic wind industry,
workforce, and supply chain.
(C) TARGETS.—Not later than 180 days after the date
of enactment of this Act, the Secretary shall establish
targets for the program relating to near-term (up to 2
years), mid-term (up to 7 years), and long-term (up to
15 years) challenges to the advancement of wind energy
technologies, including onshore, offshore, distributed, and
off-grid technologies.
(2) ACTIVITIES.—
(A) TYPES OF ACTIVITIES.—In carrying out the program,
the Secretary shall carry out research, development, demonstration, and commercialization activities, including—
(i) awarding grants and awards, on a competitive,
merit-reviewed basis;
(ii) performing precompetitive research and
development;
(iii) establishing or maintaining demonstration
facilities and projects, including through stewardship
of existing facilities such as the National Wind Test
Center;
(iv) providing technical assistance;
(v) entering into contracts and cooperative agreements;
(vi) providing small business vouchers;
(vii) establishing prize competitions;
(viii) conducting education and outreach activities;
(ix) conducting professional development activities;
and
(x) conducting analyses, studies, and reports.
(B) SUBJECT AREAS.—The Secretary shall carry out
research, development, demonstration, and commercialization activities in the following subject areas:
(i) Wind power plant siting, performance, operations, and security.

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134 STAT. 2500

PUBLIC LAW 116–260—DEC. 27, 2020
(ii) New materials and designs relating to all hardware, software, and components of wind energy technologies, including technologies and strategies that
reduce the use of energy, water, critical materials,
and other commodities that are determined to be
vulnerable to disruption.
(iii) Advanced wind energy manufacturing and
installation technologies and practices, including materials, processes, such as onsite or near site manufacturing, and design.
(iv) Offshore wind-specific projects and plants,
including—
(I) fixed and floating substructure systems,
materials, and components;
(II) the operation of offshore facilities, such
as—
(aa) an offshore research facility to conduct research for oceanic, biological, geological,
and atmospheric resource characterization relevant to offshore wind energy development in
coordination with the ocean and atmospheric
science communities; and
(bb) an offshore support structure testing
facility to conduct development, demonstration, and commercialization of large-scale and
full-scale offshore wind energy support structure components and systems;
(III) the monitoring and analysis of site and
environmental considerations unique to offshore
sites, including freshwater environments.
(v) Integration of wind energy technologies with—
(I) the electric grid, including transmission,
distribution, microgrids, and distributed energy
systems; and
(II) other energy technologies, including—
(aa) other generation sources;
(bb) demand response technologies; and
(cc) energy storage technologies.
(vi) Methods to improve the lifetime, maintenance,
decommissioning, recycling, reuse, and sustainability
of wind energy components and systems, including
technologies and strategies to reduce the use of energy,
water, critical materials, and other valuable or harmful
inputs.
(vii) Wind power forecasting and atmospheric
measurement systems, including for turbines and plant
systems of varying height.
(viii) Integrated wind energy systems, grid-connected and off-grid, that incorporate diverse—
(I) generation sources;
(II) loads; and
(III) storage technologies.
(ix) Reducing market barriers, including non-hardware and information-based barriers, to the adoption
of wind energy technologies, such as impacts on, or
challenges relating to—

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2501

(I) distributed wind technologies, including the
development of best practices, models, and voluntary streamlined processes for local siting and
permitting of distributed wind energy systems to
reduce costs;
(II) airspace;
(III) military operations;
(IV) radar;
(V) local communities, with special consideration given to economically distressed areas, previously disturbed lands such as landfills and
former mines, and other areas disproportionately
impacted by environmental pollution;
(VI) wildlife and wildlife habitats; and
(VII) any other appropriate matter, as determined by the Secretary.
(x) Technologies or strategies to avoid, minimize,
and offset the potential impacts of wind energy facilities on bird species, bat species, marine wildlife, and
other sensitive species and habitats.
(xi) Advanced physics-based and data analysis
computational tools, in coordination with the highperformance computing programs of the Department,
to more efficiently design, site, permit, manufacture,
install, operate, decommission, and recycle wind energy
systems.
(xii) Technologies for distributed wind, including
micro, small, and medium turbines and the components
of those turbines and their microgrid applications.
(xiii) Transformational technologies for harnessing
wind energy.
(xiv) Other research areas that advance the purposes of the program, as determined by the Secretary.
(C) PRIORITIZATION.—In carrying out activities under
the program, the Secretary shall, to the maximum extent
practicable, give special consideration to—
(i) projects that—
(I) are located in a geographically diverse
range of eligible entities;
(II) support the development or demonstration
of projects—
(aa) in economically distressed areas and
areas disproportionately impacted by pollution; and
(bb) that provide the greatest potential
to reduce energy costs, as well as promote
accessibility and community implementation
of demonstrated technologies;
(III) can be replicated in a variety of regions
and climates;
(IV) include business commercialization plans
that have the potential for—
(aa) domestic manufacturing and production of wind energy technologies; or
(bb) exports of wind energy technologies;
and

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(V) are carried out in collaboration with Tribal
energy development organizations, Indian Tribes,
Tribal organizations, Native Hawaiian communitybased organizations, minority-serving institutions,
or territories or freely associated States; and
(ii) with regards to professional development,
activities that expand the number of individuals from
underrepresented groups pursuing and attaining skills
relevant to wind energy.
(D) COORDINATION.—To the maximum extent practicable, the Secretary shall coordinate activities under the
program with other relevant programs and capabilities of
the Department and other Federal research programs.
(E) USE OF FUNDS.—To the extent that funding is
not otherwise available through other Federal programs
or power purchase agreements, funding awarded for demonstration projects may be used for additional nontechnology costs, as determined to be appropriate by the Secretary, such as engineering or feasibility studies.
(F) SOLICITATION.—Not less than once every two years,
the Secretary shall conduct a national solicitation for
applications for demonstration projects under this section.
(G) REPORT.—
(i) IN GENERAL.—Not later than 180 days after
the date of the enactment of this Act, the Secretary
shall submit to the Committee on Science, Space, and
Technology of the House of Representatives and the
Committee on Energy and Natural Resources of the
Senate a report on the potential for, and technical
viability of, airborne wind energy systems to provide
a significant source of energy in the United States.
(ii) CONTENTS.—The report under paragraph (1)
shall include a summary of research, development,
demonstration, and commercialization needs, including
an estimate of Federal funding requirements, to further
examine and validate the technical and economic
viability of airborne wind energy concepts over the
10-year period beginning on the date of the enactment
of this Act.
(3) WIND TECHNICIAN TRAINING GRANT PROGRAM.—The Secretary may award grants, on a competitive basis, to eligible
entities to purchase large pieces of wind component equipment,
such as nacelles, towers, and blades, for use in training wind
technician students in onshore or offshore wind applications.
(4) WIND ENERGY TECHNOLOGY RECYCLING RESEARCH,
DEVELOPMENT, AND DEMONSTRATION PROGRAM.—
(A) IN GENERAL.—In addition to the program activities
described in paragraph (2), in carrying out the program,
the Secretary shall award financial assistance to eligible
entities for research, development, and demonstration, and
commercialization projects to create innovative and practical approaches to increase the reuse and recycling of
wind energy technologies, including—
(i) by increasing the efficiency and cost effectiveness of the recovery of raw materials from wind energy
technology components and systems, including
enabling technologies such as inverters;

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134 STAT. 2503

(ii) by minimizing potential environmental impacts
from the recovery and disposal processes;
(iii) by advancing technologies and processes for
the disassembly and recycling of wind energy devices;
(iv) by developing alternative materials, designs,
manufacturing processes, and other aspects of wind
energy technologies and the disassembly and resource
recovery process that enable efficient, cost effective,
and environmentally responsible disassembly of, and
resource recovery from, wind energy technologies; and
(v) strategies to increase consumer acceptance of,
and participation in, the recycling of wind energy technologies.
(B) DISSEMINATION OF RESULTS.—The Secretary shall
make available to the public and the relevant committees
of Congress the results of the projects carried out through
financial assistance awarded under subparagraph (A),
including—
(i) development of best practices or training materials for use in the wind energy technology manufacturing, design, installation, decommissioning, or
recycling industries;
(ii) dissemination at industry conferences;
(iii) coordination with information dissemination
programs relating to recycling of electronic devices in
general;
(iv) demonstration projects; and
(v) educational materials.
(C) PRIORITY.—In carrying out the activities authorized
under this subsection, the Secretary shall give special
consideration to projects that recover critical materials.
(D) SENSITIVE INFORMATION.—In carrying out the
activities authorized under this subsection, the Secretary
shall ensure proper security controls are in place to protect
proprietary or sensitive information, as appropriate.
(5) WIND ENERGY TECHNOLOGY MATERIALS PHYSICAL PROPERTY DATABASE.—
(A) IN GENERAL.—Not later than September 1, 2022,
the Secretary shall establish a comprehensive physical
property database of materials for use in wind energy
technologies, which shall identify the type, quantity,
country of origin, source, significant uses, projected availability, and physical properties of materials used in wind
energy technologies.
(B) COORDINATION.—In establishing the database
described in subparagraph (A), the Secretary shall coordinate and, to the extent practicable, avoid duplication with—
(i) other Department activities, including those carried out by the Office of Science;
(ii) the Director of the National Institute of Standards and Technology;
(iii) the Administrator of the Environmental
Protection Agency;
(iv) the Secretary of the Interior; and
(v) relevant industry stakeholders, as determined
by the Secretary.
(6) WIND ENERGY PROGRAM STRATEGIC VISION.—

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134 STAT. 2504

(A) IN GENERAL.—Not later than September 1, 2022,
and every 6 years thereafter, the Secretary shall submit
to Congress a report on the strategic vision, progress, goals,
and targets of the program, including assessments of wind
energy markets and manufacturing.
(B) PREPARATION.—The Secretary shall coordinate the
preparation of the report under subparagraph (A) with—
(i) existing peer review processes;
(ii) studies conducted by the National Laboratories;
and
(iii) the multiyear program planning required
under section 994 of the Energy Policy Act of 2005
(42 U.S.C. 16358).
(7) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary to carry out the program $125,000,000 for each of fiscal years 2021 through 2025.

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42 US 16238.

PUBLIC LAW 116–260—DEC. 27, 2020

SEC. 3004. SOLAR ENERGY RESEARCH AND DEVELOPMENT.

(a) DEFINITIONS.—In this section:
(1) CRITICAL MATERIAL.—The term ‘‘critical material’’ has
the meaning given the term in section 7002 of this Act.
(2) ECONOMICALLY DISTRESSED AREA.—The term ‘‘economically distressed area’’ means an area described in section 301(a)
of the Public Works and Economic Development Act of 1965
(42 U.S.C. 3161(a)).
(3) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means—
(A) an institution of higher education, including a
minority-serving institution;
(B) a National Laboratory;
(C) a Federal research agency;
(D) a State research agency;
(E) a research agency associated with a territory or
freely associated state;
(F) a Tribal energy development organization;
(G) an Indian Tribe;
(H) a Tribal organization;
(I) a Native Hawaiian community-based organization;
(J) a nonprofit research organization;
(K) an industrial entity;
(L) any other entity, as determined by the Secretary;
and
(M) a consortium of 2 or more entities described in
subparagraphs (A) through (L).
(4) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ has the
meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
(5) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institution of higher education’’ has the meaning given the term
in section 101 of the Higher Education Act of 1965 (20 U.S.C.
1001).
(6) MINORITY-SERVING INSTITUTION.—The term ‘‘minorityserving institution’’ has the meaning given the term ‘‘eligible
institution’’ in section 371(a) of the Higher Education Act of
1965 (20 U.S.C. 1067q(a)).
(7) NATIONAL LABORATORY.—The term ‘‘National Laboratory’’ has the meaning given such term in section 2(3) of the
Energy Policy Act of 2005 (42 U.S.C. 15801(3)).

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134 STAT. 2505

(8) NATIVE HAWAIIAN COMMUNITY-BASED ORGANIZATION.—
The term ‘‘Native Hawaiian community-based organization’’ has
the meaning given the term in section 6207 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7517).
(9) PHOTOVOLTAIC DEVICE.—The term ‘‘photovoltaic device’’
means—
(A) a device that converts light directly into electricity
through a solid-state, semiconductor process;
(B) the photovoltaic cells of a device described in
subparagraph (A); and
(C) the electronic and electrical components of a device
described in subparagraph (A).
(10) PROGRAM.—The term ‘‘program’’ means the program
established under subsection (b)(1)(A).
(11) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Energy.
(12) SOLAR ENERGY.—The term ‘‘solar energy’’ means—
(A) thermal or electric energy derived from radiation
from the Sun; or
(B) energy resulting from a chemical reaction caused
by radiation recently originated in the Sun.
(13) TERRITORY OR FREELY ASSOCIATED STATE.—The term
‘‘territory or freely associated state’’ has the meaning given
the term ‘‘insular area’’ in section 1404 of the Food and Agriculture Act of 1977 (7 U.S.C. 3103).
(14) TRIBAL ENERGY DEVELOPMENT ORGANIZATION.—The
term ‘‘Tribal energy development organization’’ has the meaning
given the term ‘‘tribal energy development organization’’ in
section 2601 of the Energy Policy Act of 1992 (25 U.S.C. 3501).
(15) TRIBAL ORGANIZATION.—The term ‘‘Tribal organization’’
has the meaning given the term in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
5304).
(b) SOLAR ENERGY TECHNOLOGY PROGRAM.—
(1) ESTABLISHMENT.—
(A) IN GENERAL.—The Secretary shall establish a program to conduct research, development, demonstration, and
commercialization of solar energy technologies in accordance with this subsection.
(B) PURPOSES.—The purposes of the program are the
following:
(i) To improve the energy efficiency, cost effectiveness, reliability, resilience, security, siting, integration,
manufacturability, installation, decommissioning, and
recyclability of solar energy technologies.
(ii) To optimize the performance and operation
of solar energy components, cells, and systems, and
enabling technologies, including through the development of new materials, hardware, and software.
(iii) To optimize the design and adaptability of
solar energy systems to the broadest practical range
of geographic and atmospheric conditions.
(iv) To support the integration of solar energy technologies with the electric grid and complementary
energy technologies.

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134 STAT. 2506

(v) To create and improve the conversion of solar
energy to other useful forms of energy or other products.
(vi) To reduce the cost, risk, and other potential
negative impacts across the lifespan of solar energy
technologies, including manufacturing, siting, permitting, installation, operations, maintenance, decommissioning, and recycling.
(vii) To reduce and mitigate potential life cycle
negative impacts of solar energy technologies on
human communities, wildlife, and wildlife habitats.
(viii) To address barriers to the commercialization
and export of solar energy technologies.
(ix) To support the domestic solar industry,
workforce, and supply chain.
(C) TARGETS.—Not later than 180 days after the date
of enactment of this Act, the Secretary shall establish
targets for the program to address near-term (up to 2
years), mid-term (up to 7 years), and long-term (up to
15 years) challenges to the advancement of all types of
solar energy systems.
(2) ACTIVITIES.—
(A) TYPES OF ACTIVITIES.—In carrying out the program,
the Secretary shall carry out research, development, demonstration, and commercialization activities, including—
(i) awarding grants and awards, on a competitive,
merit-reviewed basis;
(ii) performing precompetitive research and
development;
(iii) establishing or maintaining demonstration
facilities and projects, including through stewardship
of existing facilities;
(iv) providing technical assistance;
(v) entering into contracts and cooperative agreements;
(vi) providing small business vouchers;
(vii) establishing prize competitions;
(viii) conducting education and outreach activities;
(ix) conducting workforce development activities;
and
(x) conducting analyses, studies, and reports.
(B) SUBJECT AREAS.—The Secretary shall carry out
research, development, demonstration, and commercialization activities in the following subject areas:
(i) Advanced solar energy technologies of varying
scale and power production, including—
(I) new materials, components, designs, and
systems, including perovskites, cadmium telluride,
and organic materials;
(II) advanced photovoltaic and thin-film
devices;
(III) concentrated solar power;
(IV) solar heating and cooling; and
(V) enabling technologies for solar energy systems, including hardware and software.
(ii) Solar energy technology siting, performance,
installation, operations, resilience, and security.

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134 STAT. 2507

(iii) Integration of solar energy technologies with—
(I) the electric grid, including transmission,
distribution, microgrids, and distributed energy
systems;
(II) other energy technologies, including—
(aa) other generation sources;
(bb) demand response technologies; and
(cc) energy storage technologies; and
(III) other applications, such as in the agriculture, transportation, buildings, industrial, and
fuels sectors.
(iv) Advanced solar energy manufacturing technologies and practices, including materials, processes,
and design.
(v) Methods to improve the lifetime, maintenance,
decommissioning, recycling, reuse, and sustainability
of solar energy components and systems, including
technologies and strategies that reduce the use of
energy, water, critical materials, and other commodities that are determined to be vulnerable to disruption.
(vi) Solar energy forecasting, modeling, and
atmospheric measurement systems, including for
small-scale, large-scale, and aggregated systems.
(vii) Integrated solar energy systems that incorporate diverse—
(I) generation sources;
(II) loads; and
(III) storage technologies.
(viii) Reducing market barriers, including nonhardware and information-based barriers, to the adoption
of solar energy technologies, including impacts on, or
challenges relating to—
(I) distributed and community solar technologies, including the development of best practices, models, and voluntary streamlined processes
for local siting and permitting of distributed solar
energy systems to reduce costs;
(II) local communities, with special consideration given to economically distressed areas, previously disturbed lands such as landfills and
former mines, and other areas disproportionately
impacted by environmental pollution;
(III) wildlife and wildlife habitats; and
(IV) any other appropriate matter, as determined by the Secretary.
(ix) Transformational technologies for harnessing
solar energy.
(x) Other research areas that advance the purposes
of the program, as determined by the Secretary.
(C) PRIORITIZATION.—In carrying out activities under
the program, the Secretary shall, to the maximum extent
practicable, give priority to projects that—
(i) are located in a geographically diverse range
of eligible entities;
(ii) support the development or demonstration of
projects—

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134 STAT. 2508

(I) in economically distressed areas and areas
disproportionately impacted by pollution; or
(II) that provide the greatest potential to
reduce energy costs, as well as promote accessibility and community implementation of demonstrated technologies;
(iii) can be replicated in a variety of regions and
climates;
(iv) include business commercialization plans that
have the potential for—
(I) domestic manufacturing and production of
solar energy technologies; or
(II) exports of solar energy technologies;
(v) are carried out in collaboration with Tribal
energy development organizations, Indian Tribes,
Tribal organizations, Native Hawaiian communitybased organizations, minority-serving institutions, or
territories or freely associated States; and
(vi) with regards to workforce development, activities that expand the number of individuals from underrepresented groups pursuing and attaining skills relevant to solar energy.
(D) COORDINATION.—To the maximum extent practicable, the Secretary shall coordinate activities under the
program with other relevant programs and capabilities of
the Department and other Federal research programs.
(E) USE OF FUNDS.—To the extent that funding is
not otherwise available through other Federal programs
or power purchase agreements, funding awarded for demonstration projects may be used for additional nontechnology costs, as determined to be appropriate by the Secretary, such as engineering or feasibility studies.
(F) SOLICITATION.—Not less than once every two years,
the Secretary shall conduct a national solicitation for
applications for demonstration projects under this section.
(3) ADVANCED SOLAR ENERGY MANUFACTURING INITIATIVE.—
(A) GRANTS.—In addition to the program activities
described in paragraph (2), in carrying out the program,
the Secretary shall award financial assistance to eligible
entities for research, development, demonstration, and
commercialization projects to advance new solar energy
manufacturing technologies and techniques.
(B) PRIORITY.—In awarding grants under subparagraph (A), to the extent practicable, the Secretary shall
give priority to solar energy manufacturing projects that—
(i) increase efficiency and cost effectiveness in—
(I) the manufacturing process; and
(II) the use of resources, such as energy, water,
and critical materials;
(ii) support domestic supply chains for materials
and components;
(iii) identify and incorporate nonhazardous alternative materials for components and devices;
(iv) operate in partnership with Tribal energy
development organizations, Indian Tribes, Tribal
organizations, Native Hawaiian community-based

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134 STAT. 2509

organizations, minority-serving institutions, or territories or freely associated states; or
(v) are located in economically distressed areas.
(C) EVALUATION.—Not later than 3 years after the
date of enactment of this Act, and every 4 years thereafter,
the Secretary shall conduct, and make available to the
public and the relevant committees of Congress, an independent review of the progress of the grants awarded under
subparagraph (A).
(4) SOLAR ENERGY TECHNOLOGY RECYCLING RESEARCH,
DEVELOPMENT, AND DEMONSTRATION PROGRAM.—
(A) IN GENERAL.—In addition to the program activities
described in paragraph (2), in carrying out the program,
the Secretary shall award financial assistance to eligible
entities for research, development, demonstration, and
commercialization projects to create innovative and practical approaches to increase the reuse and recycling of
solar energy technologies, including—
(i) by increasing the efficiency and cost effectiveness of the recovery of raw materials from solar energy
technology components and systems, including
enabling technologies such as inverters;
(ii) by minimizing potential environmental impacts
from the recovery and disposal processes;
(iii) by advancing technologies and processes for
the disassembly and recycling of solar energy devices;
(iv) by developing alternative materials, designs,
manufacturing processes, and other aspects of solar
energy technologies and the disassembly and resource
recovery process that enable efficient, cost effective,
and environmentally responsible disassembly of, and
resource recovery from, solar energy technologies; and
(v) strategies to increase consumer acceptance of,
and participation in, the recycling of photovoltaic
devices.
(B) DISSEMINATION OF RESULTS.—The Secretary shall
make available to the public and the relevant committees
of Congress the results of the projects carried out through
financial assistance awarded under subparagraph (A),
including—
(i) development of best practices or training materials for use in the photovoltaics manufacturing,
design, installation, refurbishing, disposal, or recycling
industries;
(ii) dissemination at industry conferences;
(iii) coordination with information dissemination
programs relating to recycling of electronic devices in
general;
(iv) demonstration projects; and
(v) educational materials.
(C) PRIORITY.—In carrying out the activities authorized
under this subsection, the Secretary shall give special
consideration to projects that recover critical materials.
(D) SENSITIVE INFORMATION.—In carrying out the
activities authorized under this subsection, the Secretary
shall ensure proper security controls are in place to protect
proprietary or sensitive information, as appropriate.

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134 STAT. 2510

(5) SOLAR ENERGY TECHNOLOGY MATERIALS PHYSICAL PROPERTY DATABASE.—
(A) IN GENERAL.—Not later than September 1, 2022,

Deadline.

Determination.

Deadline.
Time period.

Study.

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Time period.
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the Secretary shall establish a comprehensive physical
property database of materials for use in solar energy
technologies, which shall identify the type, quantity,
country of origin, source, significant uses, projected availability, and physical properties of materials used in solar
energy technologies.
(B) COORDINATION.—In establishing the database
described in subparagraph (A), the Secretary shall coordinate with—
(i) other Department activities, including those carried out by the Office of Science;
(ii) the Director of the National Institute of Standards and Technology;
(iii) the Administrator of the Environmental
Protection Agency;
(iv) the Secretary of the Interior; and
(v) relevant industry stakeholders, as determined
by the Secretary.
(6) SOLAR ENERGY TECHNOLOGY PROGRAM STRATEGIC
VISION.—
(A) IN GENERAL.—Not later than September 1, 2022,
and every 6 years thereafter, the Secretary shall submit
to Congress a report on the strategic vision, progress, goals,
and targets of the program, including assessments of solar
energy markets and manufacturing.
(B) INCLUSION.—As a part of the report described in
subparagraph (A), the Secretary shall include a study that
examines the viable market opportunities available for
solar energy technology manufacturing in the United
States, including—
(i) a description of—
(I) the ability to competitively manufacture
solar technology in the United States, including
the manufacture of—
(aa) new and advanced materials, such
as cells made with new, high efficiency materials;
(bb) solar module equipment and enabling
technologies, including smart inverters, sensors, and tracking equipment; and
(cc) innovative solar module designs and
applications, including those that can directly
integrate with new and existing buildings and
other infrastructure; and
(II) opportunities and barriers within the
United States and international solar energy technology market;
(ii) policy recommendations for enhancing solar
energy technology manufacturing in the United States;
(iii) a 10-year target and plan to enhance the
competitiveness of solar energy technology manufacturing in the United States; and
(iv) any other research areas as determined by
the Secretary.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2511

(C) PREPARATION.—The Secretary shall coordinate the
preparation of the report under subparagraph (A) with—
(i) existing peer review processes;
(ii) studies conducted by the National Laboratories;
and
(iii) the multiyear program planning required
under section 994 of the Energy Policy Act of 2005
(42 U.S.C. 16358).
(7) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary to carry out the program $300,000,000 for each of fiscal years 2021 through 2025.

Coordination.

SEC. 3005. HYDROELECTRIC PRODUCTION INCENTIVES AND EFFICIENCY IMPROVEMENTS.

(a) HYDROELECTRIC PRODUCTION INCENTIVES.—Section 242 of
the Energy Policy Act of 2005 (42 U.S.C. 15881) is amended—
(1) in subsection (b), by striking paragraph (1) and inserting
the following:
‘‘(1) QUALIFIED HYDROELECTRIC FACILITY.—The term ‘qualified hydroelectric facility’ means a turbine or other generating
device owned or solely operated by a non-Federal entity—
‘‘(A) that generates hydroelectric energy for sale; and
‘‘(B)(i) that is added to an existing dam or conduit;
or
‘‘(ii)(I) that has a generating capacity of not more than
20 megawatts;
‘‘(II) for which the non-Federal entity has received
a construction authorization from the Federal Energy Regulatory Commission, if applicable; and
‘‘(III) that is constructed in an area in which there
is inadequate electric service, as determined by the Secretary, including by taking into consideration—
‘‘(aa) access to the electric grid;
‘‘(bb) the frequency of electric outages; or
‘‘(cc) the affordability of electricity.’’;
(2) in subsection (c), by striking ‘‘10’’ and inserting ‘‘22’’;
(3) in subsection (e)(2), by striking ‘‘section 29(d)(2)(B)’’
and inserting ‘‘section 45K(d)(2)(B)’’;
(4) in subsection (f), by striking ‘‘20’’ and inserting ‘‘32’’;
and
(5) in subsection (g), by striking ‘‘each of the fiscal years
2006 through 2015’’ and inserting ‘‘each of fiscal years 2021
through 2036’’.
(b) HYDROELECTRIC EFFICIENCY IMPROVEMENT.—Section 243(c)
of the Energy Policy Act of 2005 (42 U.S.C. 15882(c)) is amended
by striking ‘‘each of the fiscal years 2006 through 2015’’ and
inserting ‘‘each of fiscal years 2021 through 2036’’.

Definition.

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SEC. 3006. CONFORMING AMENDMENTS.

(a) RENEWABLE ENERGY AND ENERGY EFFICIENCY TECHNOLOGY
COMPETITIVENESS ACT OF 1989.—
(1) NATIONAL GOALS AND MULTI-YEAR FUNDING.—Section
4 of the Renewable Energy and Energy Efficiency Technology
Competitiveness Act of 1989 (42 U.S.C. 12003) is amended—
(A) in the section heading, by striking ‘‘wind, photovoltaics,
and solar thermal’’ and inserting ‘‘alcohol from biomass and other technology’’;
(B) in subsection (a)—

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PUBLIC LAW 116–260—DEC. 27, 2020

(i) in the matter preceding paragraph (1), by
striking ‘‘wind, photovoltaics, and solar thermal
energy’’ and inserting ‘‘alcohol from biomass and other
energy technology’’;
(ii) by striking paragraphs (1) through (3);
(iii) by redesignating paragraphs (4) and (5) as
paragraphs (1) and (2), respectively; and
(iv) in paragraph (2) (as so redesignated), by
striking ‘‘Ocean’’ and inserting ‘‘Marine’’; and
(C) in subsection (c)—
(i) in the matter preceding paragraph (1)—
(I) by striking ‘‘the Wind Energy Research Program, the Photovoltaic Energy Systems Program,
the Solar Thermal Energy Systems Program,’’; and
(II) by striking ‘‘Ocean’’ and inserting
‘‘Marine’’;
(ii) in paragraph (1)—
(I) by striking subparagraph (A); and
(II) by redesignating subparagraphs (B) and
(C) as subparagraphs (A) and (B), respectively;
and
(iii) in paragraph (2)—
(I) by striking subparagraph (A); and
(II) by redesignating subparagraphs (B) and
(C) as subparagraphs (A) and (B), respectively.
(2) REPORTS.—Section 9(c) of the Renewable Energy and
Energy Efficiency Technology Competitiveness Act of 1989 (42
U.S.C. 12006(c)) is amended by striking ‘‘ocean,’’ and inserting
‘‘marine,’’.
(b) ENERGY POLICY ACT OF 2005.—The Energy Policy Act of
2005 (42 U.S.C. 15801 et seq.) is amended—
(1) ASSESSMENT OF RENEWABLE ENERGY RESOURCES.—Section 201(a) of the Energy Policy Act of 2005 (42 U.S.C. 15851(a))
is amended by striking ‘‘ocean (including tidal, wave, current,
and thermal)’’ and inserting ‘‘marine’’.
(2) FEDERAL PURCHASE REQUIREMENT.—Section 203(b)(2)
of the Energy Policy Act of 2005 (42 U.S.C. 15852(b)(2)) is
amended—
(A) by inserting ‘‘marine energy (as defined in section
632 of the Energy Independence and Security Act of 2007),
or’’ before ‘‘electric energy’’; and
(B) by striking ‘‘ocean (including tidal, wave, current,
and thermal),’’.
(3) RENEWABLE ENERGY.—Section 931 of the Energy Policy
Act of 2005 (42 U.S.C. 16231) is amended—
(A) in subsection (a)(2)—
(i) by striking subparagraphs (A) and (B);
(ii) by redesignating subparagraphs (C) through
(E) as subparagraphs (A) through (C), respectively;
and
(iii) in subparagraph (C)(i) (as so redesignated),
by striking ‘‘ocean energy, including wave energy’’ and
inserting ‘‘marine energy (as defined in section 632
of the Energy Independence and Security Act of 2007)’’;
(B) by striking subsection (d); and
(C) by redesignating subsections (e) through (g) as
subsections (d) through (f), respectively.

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134 STAT. 2513

(c) ENERGY POLICY ACT OF 1992.—Section 1212 of the Energy
Policy Act of 1992 (42 U.S.C. 13317) is amended—
(1) in subsection (a)(4)(A)(i), by striking ‘‘ocean (including
tidal, wave, current, and thermal)’’ and inserting ‘‘marine
energy (as defined in section 632 of the Energy Independence
and Security Act of 2007)’’;
(2) in subsection (b), in the matter preceding paragraph
(1), by striking ‘‘ocean (including tidal, wave, current, and
thermal)’’ and inserting ‘‘marine energy (as defined in section
632 of the Energy Independence and Security Act of 2007)’’;
and
(3) in subsection (e)(1), in the first sentence, by striking
‘‘ocean (including tidal, wave, current, and thermal)’’ and
inserting ‘‘marine energy (as defined in section 632 of the
Energy Independence and Security Act of 2007)’’.
(d) FEDERAL NONNUCLEAR ENERGY RESEARCH AND DEVELOPMENT ACT OF 1974.—Section 6(b)(3) of the Federal Nonnuclear
Energy Research and Development Act of 1974 (42 U.S.C.
5905(b)(3)) is amended—
(1) by striking subparagraph (L); and
(2) by redesignating subparagraphs (M) through (S) as
subparagraphs (L) through (R), respectively.
(e) SOLAR ENERGY RESEARCH, DEVELOPMENT, AND DEMONSTRATION ACT OF 1974.—
(1) REPEAL.—The Solar Energy Research, Development,
and Demonstration Act of 1974 (42 U.S.C. 5551 et seq.) is
repealed.
(2) SAVINGS PROVISION.—The repeal of the Solar Energy
Research, Development, and Demonstration Act of 1974 (42
U.S.C. 5551 et seq.) under paragraph (1) shall not affect the
authority of the Secretary of Energy to conduct research and
development on solar energy.
(f) SOLAR PHOTOVOLTAIC ENERGY RESEARCH, DEVELOPMENT,
AND DEMONSTRATION ACT OF 1978.—The Solar Photovoltaic Energy
Research, Development, and Demonstration Act of 1978 (42 U.S.C.
5581 et seq.) is repealed.
(g) ENERGY INDEPENDENCE AND SECURITY ACT OF 2007.—
(1) REPEALS.—Sections 606 and 607 of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17174, 17175)
are repealed.
(2) CONFORMING AMENDMENT.—The table of contents in
section 1(b) of the Energy Independence and Security Act of
2007 (Public Law 110–140; 121 Stat. 1495) is amended by
striking the items relating to sections 606 and 607.

42 USC 6601
note, 5551–5566.
42 USC 5551
note.

42 USC 5501
note, 5581–5594.

Subtitle B—Natural Resources Provisions

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SEC. 3101. DEFINITIONS.

43 USC 3001.

In this subtitle:
(1) COVERED LAND.—The term ‘‘covered land’’ means land
that is—
(A) Federal lands administered by the Secretary concerned; and
(B) not excluded from the development of geothermal,
solar, or wind energy under—
(i) a land use plan; or

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134 STAT. 2514

PUBLIC LAW 116–260—DEC. 27, 2020
(ii) other Federal law.
(2) FEDERAL LAND.—The term ‘‘Federal land’’ means—
(A) public land as defined by section 103 of the Federal
Land Policy Management Act of 1976 (43 U.S.C. 1702);
or
(B) land of the National Forest System (as defined
in section 11(a) of the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1609(a))).
(3) LAND USE PLAN.—The term ‘‘land use plan’’ means—
(A) for public land, a land use plan established under
the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1701 et seq.); and
(B) for National Forest System land, a land management plan approved, amended, or revised under section
6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604).
(4) ELIGIBLE PROJECT.—The term ‘‘eligible project’’ means
a project carried out on covered land that uses wind, solar,
or geothermal energy to generate energy.
(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.

43 USC 3002.

SEC. 3102. PROGRAM TO IMPROVE ELIGIBLE PROJECT PERMIT
COORDINATION.

Determination.

(a) ESTABLISHMENT.—The Secretary shall establish a national
Renewable Energy Coordination Office and State, district, or field
offices, as appropriate, with responsibility to establish and implement a program to improve Federal permit coordination with
respect to eligible projects on covered land and such other activities
as the Secretary determines necessary. In carrying out the program,
the Secretary may temporarily assign qualified staff to Renewable
Energy Coordination Offices to expedite the permitting of eligible
projects.
(b) MEMORANDUM OF UNDERSTANDING.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, the Secretary shall enter into
a memorandum of understanding for purposes of this section
with—
(A) the Secretary of Agriculture;
(B) the Administrator of the Environmental Protection
Agency; and
(C) the Secretary of Defense.
(2) STATE AND TRIBAL PARTICIPATION.—The Secretary may
request the Governor of any interested State or any Tribal
leader of any interested Indian Tribe (as defined in section
4 of the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 5304)) to be a signatory to the memorandum
of understanding under paragraph (1).
(c) DESIGNATION OF QUALIFIED STAFF.—
(1) IN GENERAL.—Not later than 30 days after the date
on which the memorandum of understanding under subsection
(b) is executed, all Federal signatories, as appropriate, shall
identify for each of the Bureau of Land Management Renewable
Energy Coordination Offices one or more employees who have
expertise in the regulatory issues relating to the office in which
the employee is employed, including, as applicable, particular
expertise in—

Deadline.

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134 STAT. 2515

(A) consultation regarding, and preparation of,
biological opinions under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536);
(B) permits under section 404 of the Federal Water
Pollution Control Act (33 U.S.C. 1344);
(C) regulatory matters under the Clean Air Act (42
U.S.C. 7401 et seq.);
(D) the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.);
(E) the Migratory Bird Treaty Act (16 U.S.C. 703 et
seq.);
(F) the preparation of analyses under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
(G) implementation of the requirements of section
306108 of title 54, United States Code (formerly known
as section 106 of the National Historic Preservation Act);
(H) planning under section 14 of the National Forest
Management Act of 1976 (16 U.S.C. 472a);
(I) developing geothermal resources under the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.);
(J) the Act of June 8, 1940 (16 U.S.C. 668 et seq.,
popularly known as the Bald and Golden Eagle Protection
Act); and
(K) section 100101(a), chapter 1003, and sections
100751(a), 100752, 100753 and 102101 of title 54, United
States Code (previously known as the National Park
Service Organic Act).
(2) DUTIES.—Each employee assigned under paragraph (1)
shall—
(A) be responsible for addressing all issues relating
to the jurisdiction of the home office or agency of the
employee; and
(B) participate as part of the team of personnel working
on proposed energy projects, planning, monitoring, inspection, enforcement, and environmental analyses.
(d) ADDITIONAL PERSONNEL.—The Secretary may assign such
additional personnel for the Bureau of Land Management Renewable Energy Coordination Offices as are necessary to ensure the
effective implementation of any programs administered by the
offices in accordance with the multiple use mandate of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.).
(e) TRANSFER OF FUNDS.—To facilitate the coordination and
processing of eligible project permits on Federal land under the
Renewable Energy Coordination Offices, the Secretary may
authorize the expenditure or transfer of any funds that are necessary to—
(1) the United States Fish and Wildlife Service;
(2) the Bureau of Indian Affairs;
(3) the Forest Service;
(4) the Corps of Engineers;
(5) the National Park Service;
(6) the Environmental Protection Agency; or
(7) the Department of Defense.
(f) REPORT TO CONGRESS.—
(1) IN GENERAL.—Not later than February 1 of the first
fiscal year beginning after the date of the enactment of this
Act, and each February 1 thereafter, the Secretary shall submit

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Analyses.

Time period.

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PUBLIC LAW 116–260—DEC. 27, 2020
to the Committee on Energy and Natural Resources and the
Committee on Environment and Public Works of the Senate
and the Committee on Natural Resources of the House of Representatives a report describing the progress made under the
program established under subsection (a) during the preceding
year.
(2) INCLUSIONS.—Each report under this subsection shall
include—
(A) projections for renewable energy production and
capacity installations; and
(B) a description of any problems relating to leasing,
permitting, siting, or production.

43 USC 3003.

SEC. 3103. INCREASING ECONOMIC CERTAINTY.

(a) CONSIDERATIONS.—The Secretary may consider acreage
rental rates, capacity fees, and other recurring annual fees in total
when evaluating existing rates paid for the use of Federal land
by eligible projects.
(b) REDUCTIONS IN BASE RENTAL RATES.—The Secretary may
reduce acreage rental rates and capacity fees, or both, for existing
and new wind and solar authorizations if the Secretary determines—
(1) that the existing rates—
(A) exceed fair market value;
(B) impose economic hardships;
(C) limit commercial interest in a competitive lease
sale or right-of-way grant; or
(D) are not competitively priced compared to other
available land; or
(2) that a reduced rental rate or capacity fee is necessary
to promote the greatest use of wind and solar energy resources.
43 USC 3004.

SEC. 3104. NATIONAL GOAL FOR RENEWABLE ENERGY PRODUCTION
ON FEDERAL LAND.

Deadline.
Consultation.

(a) IN GENERAL.—Not later than September 1, 2022, the Secretary shall, in consultation with the Secretary of Agriculture and
other heads of relevant Federal agencies, establish national goals
for renewable energy production on Federal land.
(b) MINIMUM PRODUCTION GOAL.—The Secretary shall seek to
issue permits that, in total, authorize production of not less than
25 gigawatts of electricity from wind, solar, and geothermal energy
projects by not later than 2025, through management of public
lands and administration of Federal laws.

Deadline.

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SEC.

3105.

FACILITATION OF COPRODUCTION
ENERGY ON OIL AND GAS LEASES.

OF

GEOTHERMAL

Section 4(b) of the Geothermal Steam Act of 1970 (30 U.S.C.
1003(b)) is amended by adding at the end the following:
‘‘(4) LAND SUBJECT TO OIL AND GAS LEASE.—Land under
an oil and gas lease issued pursuant to the Mineral Leasing
Act (30 U.S.C. 181 et seq.) or the Mineral Leasing Act for
Acquired Lands (30 U.S.C. 351 et seq.) that is subject to an
approved application for permit to drill and from which oil
and gas production is occurring may be available for noncompetitive leasing under subsection (c) by the holder of the
oil and gas lease—

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134 STAT. 2517

‘‘(A) on a determination that geothermal energy will
be produced from a well producing or capable of producing
oil and gas; and
‘‘(B) to provide for the coproduction of geothermal
energy with oil and gas.’’.
SEC. 3106. SAVINGS CLAUSE.

43 USC 3005.

Notwithstanding any other provision of this subtitle, the Secretary of the Interior and the Secretary of Agriculture shall continue
to manage public lands under the principles of multiple use and
sustained yield in accordance with the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.) or the Forest
and Rangeland Renewable Resources Planning Act of 1974 (16
U.S.C. 1600 et seq.), respectively, including for due consideration
of mineral and nonrenewable energy-related projects and other
nonrenewable energy uses, for the purposes of land use planning,
permit processing, and conducting environmental reviews.

Subtitle C—Energy Storage

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SEC. 3201. BETTER ENERGY STORAGE TECHNOLOGY.

(a) DEFINITIONS.—In this section:
(1) ENERGY STORAGE SYSTEM.—The term ‘‘energy storage
system’’ means any system, equipment, facility, or technology
that—
(A) is capable of absorbing or converting energy, storing
the energy for a period of time, and dispatching the energy;
and
(B)(i) uses mechanical, electrochemical, thermal, electrolysis, or other processes to convert and store electric
energy that was generated at an earlier time for use at
a later time;
(ii) uses mechanical, electrochemical, biochemical, or
thermal processes to convert and store energy generated
from mechanical processes that would otherwise be wasted,
for delivery at a later time; or
(iii) stores energy in an electric, thermal, or gaseous
state for direct use for heating or cooling at a later time
in a manner that avoids the need to use electricity or
other fuel sources at that later time, such as a grid-enabled
water heater.
(2) PROGRAM.—The term ‘‘program’’ means the Energy Storage System Research, Development, and Deployment Program
established under subsection (b)(1).
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Energy.
(b) ENERGY STORAGE SYSTEM RESEARCH, DEVELOPMENT, AND
DEPLOYMENT PROGRAM.—
(1) ESTABLISHMENT.—Not later than 180 days after the
date of enactment of this Act, the Secretary shall establish
a program, to be known as the Energy Storage System
Research, Development, and Deployment Program.
(2) INITIAL PROGRAM OBJECTIVES.—The program shall focus
on research, development, and deployment of—
(A) energy storage systems, components, and materials
designed to further the development of technologies—

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Deadline.

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(i) for large-scale commercial deployment;
(ii) for deployment at cost targets established by
the Secretary;
(iii) for hourly and subhourly durations required
to provide reliability services to the grid;
(iv) for daily durations, which have the capacity
to discharge energy for a minimum of 6 hours;
(v) for weekly or monthly durations, which have
the capacity to discharge energy for 10 to 100 hours,
at a minimum; and
(vi) for seasonal durations, which have the capability to address seasonal variations in supply and
demand;
(B) distributed energy storage technologies and applications, including building-grid integration;
(C) long-term cost, performance, and demonstration
targets for different types of energy storage systems and
for use in a variety of regions, including rural areas;
(D) transportation energy storage technologies and
applications, including vehicle-grid integration;
(E) cost-effective systems and methods for—
(i) the sustainable and secure sourcing, reclamation, recycling, and disposal of energy storage systems,
including critical minerals; and
(ii) the reuse and repurposing of energy storage
system technologies;
(F) advanced control methods for energy storage systems;
(G) pumped hydroelectric energy storage systems to
advance—
(i) adoption of innovative technologies, including—
(I) systems with adjustable-speed and other
new pumping and generating equipment designs;
(II) modular systems;
(III) closed-loop systems, including mines and
quarries; and
(IV) other innovative equipment and materials
as determined by the Secretary; and
(ii) reductions of civil works costs and construction
times for hydropower and pumped storage systems,
including comprehensive data and systems analysis
of hydropower and pumped storage construction technologies and processes in order to identify areas for
whole-system efficiency gains;
(H) models and tools to demonstrate the costs and
benefits of energy storage to—
(i) power and water supply systems;
(ii) electric generation portfolio optimization; and
(iii) expanded deployment of other renewable
energy technologies, including in integrated energy
storage systems;
(I) energy storage use cases from individual and combination technology applications, including value from various-use cases and energy storage services; and
(J) advanced manufacturing technologies that have the
potential to improve United States competitiveness in

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134 STAT. 2519

energy storage manufacturing or reduce United States
dependence on critical materials.
(3) TESTING AND VALIDATION.—In coordination with 1 or
more National Laboratories, the Secretary shall support the
development, standardized testing, and validation of energy
storage systems under the program, including test-bed and
field trials, by developing testing and evaluation methodologies
for—
(A) storage technologies, controls, and power electronics
for energy storage systems under a variety of operating
conditions;
(B) standardized and grid performance testing for
energy storage systems, materials, and technologies during
each stage of development;
(C) reliability, safety, degradation, and durability
testing under standard and evolving duty cycles; and
(D) accelerated life testing protocols to predict estimated lifetime metrics with accuracy.
(4) PERIODIC EVALUATION OF PROGRAM OBJECTIVES.—Not
less frequently than once every calendar year, the Secretary
shall evaluate and, if necessary, update the program objectives
to ensure that the program continues to advance energy storage
systems toward widespread commercial deployment by lowering
the costs and increasing the duration of energy storage
resources.
(5) ENERGY STORAGE STRATEGIC PLAN.—
(A) IN GENERAL.—The Secretary shall develop a 10year strategic plan for the program, and update the plan,
in accordance with this paragraph.
(B) CONTENTS.—The strategic plan developed under
subparagraph (A) shall—
(i) be coordinated with and integrated across other
relevant offices in the Department;
(ii) to the extent practicable, include metrics that
can be used to evaluate storage technologies;
(iii) identify Department programs that—
(I) support the research and development
activities described in paragraph (2) and the demonstration projects under subsection (c); and
(II)(aa) do not support the activities or projects
described in subclause (I); but
(bb) are important to the development of
energy storage systems and the mission of the
Department, as determined by the Secretary;
(iv) include expected timelines for—
(I) the accomplishment of relevant objectives
under current programs of the Department
relating to energy storage systems; and
(II) the commencement of any new initiatives
within the Department relating to energy storage
systems to accomplish those objectives; and
(v) incorporate relevant activities described in the
Grid Modernization Initiative Multi-Year Program
Plan.
(C) SUBMISSION TO CONGRESS.—Not later than 180 days
after the date of enactment of this Act, the Secretary shall
submit to the Committee on Energy and Natural Resources

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Coordination.

Time period.

Coordination.

Deadline.

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Deadline.
Review.

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Contracts.

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of the Senate and the Committees on Energy and Commerce and Science, Space, and Technology of the House
of Representatives the strategic plan developed under
subparagraph (A).
(D) UPDATES TO PLAN.—The Secretary—
(i) shall annually review the strategic plan developed under subparagraph (A); and
(ii) may periodically revise the strategic plan as
appropriate.
(6) LEVERAGING OF RESOURCES.—The program may be led
by a specific office of the Department, but shall be crosscutting in nature, so that in carrying out activities under the
program, the Secretary (or a designee of the Secretary charged
with leading the program) shall leverage existing Federal
resources, including, at a minimum, the expertise and resources
of—
(A) the Office of Electricity;
(B) the Office of Energy Efficiency and Renewable
Energy, including the Water Power Technologies Office;
and
(C) the Office of Science, including—
(i) the Basic Energy Sciences Program;
(ii) the Advanced Scientific Computing Research
Program;
(iii) the Biological and Environmental Research
Program; and
(D) the Electricity Storage Research Initiative established under section 975 of the Energy Policy Act of 2005
(42 U.S.C. 16315).
(7) PROTECTING PRIVACY AND SECURITY.—In carrying out
this subsection, the Secretary shall identify, incorporate, and
follow best practices for protecting the privacy of individuals
and businesses and the respective sensitive data of the individuals and businesses, including by managing privacy risk and
implementing the Fair Information Practice Principles of the
Federal Trade Commission for the collection, use, disclosure,
and retention of individual electric consumer information in
accordance with the Office of Management and Budget Circular
A–130 (or successor circulars).
(c) ENERGY STORAGE DEMONSTRATION PROJECTS; PILOT GRANT
PROGRAM.—
(1) DEMONSTRATION PROJECTS.—Not later than September
30, 2023, the Secretary shall, to the maximum extent practicable, enter into agreements to carry out 3 energy storage
system demonstration projects, including at least 1 energy storage system demonstration project designed to further the
development of technologies described in clause (v) or (vi) of
subsection (b)(2)(A).
(2) ENERGY STORAGE PILOT GRANT PROGRAM.—
(A) DEFINITION OF ELIGIBLE ENTITY.—In this paragraph, the term ‘‘eligible entity’’ means—
(i) a State energy office (as defined in section
124(a) of the Energy Policy Act of 2005 (42 U.S.C.
15821(a)));
(ii) an Indian Tribe (as defined in section 4 of
the Native American Housing Assistance and SelfDetermination Act of 1996 (25 U.S.C. 4103);

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134 STAT. 2521

(iii) a Tribal organization (as defined in section
3765 of title 38, United States Code);
(iv) an institution of higher education (as defined
in section 101 of the Higher Education Act of 1965
(20 U.S.C. 1001));
(v) an electric utility, including—
(I) an electric cooperative;
(II) a political subdivision of a State, such
as a municipally owned electric utility, or any
agency, authority, corporation, or instrumentality
of a State political subdivision; and
(III) an investor-owned utility; and
(vi) a private energy storage company.
(B) ESTABLISHMENT.—The Secretary shall establish a
competitive grant program under which the Secretary shall
award grants to eligible entities to carry out demonstration
projects for pilot energy storage systems.
(C) SELECTION REQUIREMENTS.—In selecting eligible
entities to receive a grant under subparagraph (B), the
Secretary shall, to the maximum extent practicable—
(i) ensure regional diversity among eligible entities
awarded grants, including ensuring participation of
eligible entities that are rural States and States with
high energy costs;
(ii) ensure that grants are awarded for demonstration projects that—
(I) expand on the existing technology demonstration programs of the Department;
(II) are designed to achieve 1 or more of the
objectives described in subparagraph (D); and
(III) inject or withdraw energy from the bulk
power system, electric distribution system,
building energy system, or microgrid (grid-connected or islanded mode) where the project is
located;
(iii) give consideration to proposals from eligible
entities for securing energy storage through competitive procurement or contract for service; and
(iv) prioritize projects that leverage matching
funds from non-Federal sources.
(D) OBJECTIVES.—Each demonstration project carried
out by a grant awarded under subparagraph (B) shall
have 1 or more of the following objectives:
(i) To improve the security of critical infrastructure
and emergency response systems.
(ii) To improve the reliability of transmission and
distribution systems, particularly in rural areas,
including high-energy cost rural areas.
(iii) To optimize transmission or distribution
system operation and power quality to defer or avoid
costs of replacing or upgrading electric grid infrastructure, including transformers and substations.
(iv) To supply energy at peak periods of demand
on the electric grid or during periods of significant
variation of electric grid supply.
(v) To reduce peak loads of homes and businesses.

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Public
information.

Deadline.

Consultation.

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(vi) To improve and advance power conversion systems.
(vii) To provide ancillary services for grid stability
and management.
(viii) To integrate renewable energy resource
production.
(ix) To increase the feasibility of microgrids (gridconnected or islanded mode).
(x) To enable the use of stored energy in forms
other than electricity to support the natural gas system
and other industrial processes.
(xi) To integrate fast charging of electric vehicles.
(xii) To improve energy efficiency.
(3) REPORTS.—Not less frequently than once every 3 years
for the duration of the programs under paragraphs (1) and
(2), the Secretary shall submit to Congress and make publicly
available a report describing the performance of those programs.
(4) NO PROJECT OWNERSHIP INTEREST.—The Federal
Government shall not hold any equity or other ownership
interest in any energy storage system that is part of a project
under this subsection unless the holding is agreed to by each
participant of the project.
(d) LONG-DURATION DEMONSTRATION INITIATIVE AND JOINT PROGRAM.—
(1) DEFINITIONS.—In this subsection:
(A) INITIATIVE.—The term ‘‘Initiative’’ means the demonstration initiative established under paragraph (2).
(B) JOINT PROGRAM.—The term ‘‘Joint Program’’ means
the joint program established under paragraph (4).
(2) ESTABLISHMENT OF INITIATIVE.—Not later than 180 days
after the date of enactment of this Act, the Secretary shall
establish a demonstration initiative composed of demonstration
projects focused on the development of long-duration energy
storage technologies.
(3) SELECTION OF PROJECTS.—To the maximum extent practicable, in selecting demonstration projects to participate in
the Initiative, the Secretary shall—
(A) ensure a range of technology types;
(B) ensure regional diversity among projects; and
(C) consider bulk power level, distribution power level,
behind-the-meter, microgrid (gridconnected or islanded
mode), and off-grid applications.
(4) JOINT PROGRAM.—
(A) ESTABLISHMENT.—As part of the Initiative, the Secretary, in consultation with the Secretary of Defense, shall
establish within the Department a joint program to carry
out projects—
(i) to demonstrate promising long-duration energy
storage technologies at different scales; and
(ii) to help new, innovative long-duration energy
storage technologies become commercially viable.
(B) MEMORANDUM OF UNDERSTANDING.—Not later than
200 days after the date of enactment of this Act, the
Secretary shall enter into a memorandum of understanding
with the Secretary of Defense to administer the Joint Program.

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(C) INFRASTRUCTURE.—In carrying out the Joint Program, the Secretary and the Secretary of Defense shall—
(i) use existing test-bed infrastructure at—
(I) Department facilities; and
(II) Department of Defense installations; and
(ii) develop new infrastructure for identified
projects, if appropriate.
(D) GOALS AND METRICS.—The Secretary and the Secretary of Defense shall develop goals and metrics for
technological progress under the Joint Program consistent
with energy resilience and energy security policies.
(E) SELECTION OF PROJECTS.—
(i) IN GENERAL.—To the maximum extent practicable, in selecting projects to participate in the Joint
Program, the Secretary and the Secretary of Defense
shall—
(I) ensure that projects are carried out under
conditions that represent a variety of environments
with different physical conditions and market constraints; and
(II) ensure an appropriate balance of—
(aa) larger, higher-cost projects; and
(bb) smaller, lower-cost projects.
(ii) PRIORITY.—In carrying out the Joint Program,
the Secretary and the Secretary of Defense shall give
priority to demonstration projects that—
(I) make available to the public project
information that will accelerate deployment of
long-duration energy storage technologies; and
(II) will be carried out in the field.
(e) CRITICAL MATERIAL RECYCLING AND REUSE RESEARCH,
DEVELOPMENT, AND DEMONSTRATION PROGRAM.—The United States
Energy Storage Competitiveness Act of 2007 (42 U.S.C. 17231)
is amended by adding at the end the following:
‘‘(q) CRITICAL MATERIAL RECYCLING AND REUSE RESEARCH,
DEVELOPMENT, AND DEMONSTRATION PROGRAM.—
‘‘(1) DEFINITIONS.—In this subsection:
‘‘(A) CRITICAL MATERIAL.—The term ‘critical material’
has the meaning given the term in 7002 of the Energy
Act of 2020.
‘‘(B) CRITICAL MATERIAL RECYCLING.—The term ‘critical
material recycling’ means the separation and recovery of
critical materials embedded within an energy storage
system through physical or chemical means for the purpose
of reuse of those critical materials in other technologies.
‘‘(2) ESTABLISHMENT.—Not later than 180 days after the
date of enactment of this subsection, the Secretary shall establish a research, development, and demonstration program for
critical material recycling and reuse of energy storage systems
containing critical materials.
‘‘(3) RESEARCH, DEVELOPMENT, AND DEMONSTRATION.—In
carrying out the program established under paragraph (1), the
Secretary shall conduct—
‘‘(A) research, development, and demonstration activities for—

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PUBLIC LAW 116–260—DEC. 27, 2020

‘‘(i) technologies, process improvements, and design
optimizations that facilitate and promote critical material recycling of energy storage systems, including separation and sorting of component materials of such systems, and extraction, recovery, and reuse of critical
materials from such systems;
‘‘(ii) technologies and methods that mitigate emissions and environmental impacts that arise from critical material recycling, including disposal of toxic reagents and byproducts related to critical material
recycling processes;
‘‘(iii) technologies to enable extraction, recovery,
and reuse of energy storage systems from electric
vehicles and critical material recycling from such
vehicles; and
‘‘(iv) technologies and methods to enable the safe
transport, storage, and disposal of energy storage systems containing critical materials, including waste
materials and components recovered during the critical
material recycling process; and
‘‘(B) research on nontechnical barriers to improve the
collection and critical material recycling of energy storage
systems, including strategies to improve consumer education of, acceptance of, and participation in, the critical
material recycling of energy storage systems.
‘‘(4) REPORT TO CONGRESS.—Not later than 2 years after
the date of enactment of this subsection, and every 3 years
thereafter, the Secretary shall submit to the Committee on
Science, Space, and Technology and the Committee on Energy
and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report
summarizing the activities, findings, and progress of the program.’’.
(f) COORDINATION.—To the maximum extent practicable, the
Secretary shall coordinate the activities under this section
(including activities conducted pursuant to the amendments made
by this section) among the offices and employees of the Department,
other Federal agencies, and other relevant entities—
(1) to ensure appropriate collaboration;
(2) to avoid unnecessary duplication of those activities;
and
(3) to increase domestic manufacturing and production of
energy storage systems, such as those within the Department
and within the National Institute of Standards and Technology.
(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated—
(1) to carry out subsection (b), $100,000,000 for each of
fiscal years 2021 through 2025, to remain available until
expended;
(2) to carry out subsection (c), $71,000,000 for each of
fiscal years 2021 through 2025, to remain available until
expended; and
(3) to carry out subsection (d), $30,000,000 for each of
fiscal years 2021 through 2025, to remain available until
expended.

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SEC. 3202. ENERGY STORAGE TECHNOLOGY AND MICROGRID ASSISTANCE PROGRAM.

(a) DEFINITIONS.—In this section:
(1) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means—
(A) a rural electric cooperative;
(B) an agency, authority, or instrumentality of a State
or political subdivision of a State that sells or otherwise
uses electrical energy to provide electric services for customers; or
(C) a nonprofit organization working with at least 6
entities described in subparagraph (A) or (B).
(2) ENERGY STORAGE TECHNOLOGY.—The term ‘‘energy storage technology’’ includes grid-enabled water heaters, building
heating or cooling systems, electric vehicles, the production
of hydrogen for transportation or industrial use, or other technologies that store energy.
(3) MICROGRID.—The term ‘‘microgrid’’ means a localized
grid that operates autonomously regardless of whether the
grid can operate in connection with another grid.
(4) RENEWABLE ENERGY SOURCE.—The term ‘‘renewable
energy source’’ has the meaning given the term in section
609(a) of the Public Utility Regulatory Policies Act of 1978
(7 U.S.C. 918c(a)).
(5) RURAL ELECTRIC COOPERATIVE.—The term ‘‘rural electric
cooperative’’ means an electric cooperative (as defined in section
3 of the Federal Power Act (16 U.S.C. 796)) that sells electric
energy to persons in rural areas.
(6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Energy.
(b) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the Secretary shall establish a program
under which the Secretary shall—
(1) provide grants to eligible entities under subsection (d);
(2) provide technical assistance to eligible entities under
subsection (e); and
(3) disseminate information to eligible entities on—
(A) the activities described in subsections (d)(1) and
(e); and
(B) potential and existing energy storage technology
and microgrid projects.
(c) COOPERATIVE AGREEMENT.—The Secretary may enter into
a cooperative agreement with an eligible entity to carry out subsection (b).
(d) GRANTS.—
(1) IN GENERAL.—The Secretary may award grants to
eligible entities for identifying, evaluating, designing, and demonstrating energy storage technology and microgrid projects
that utilize energy from renewable energy sources.
(2) APPLICATION.—To be eligible to receive a grant under
paragraph (1), an eligible entity shall submit to the Secretary
an application at such time, in such manner, and containing
such information as the Secretary may require.
(3) USE OF GRANT.—An eligible entity that receives a grant
under paragraph (1)—
(A) shall use the grant—

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Deadline.

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134 STAT. 2526

Analysis.

Cost analysis.
Plans.

Coordination.
Determination.

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Public
information.

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(i) to conduct feasibility studies to assess the potential for implementation or improvement of energy storage technology or microgrid projects;
(ii) to analyze and implement strategies to overcome barriers to energy storage technology or microgrid
project implementation, including financial, contracting, siting, and permitting barriers;
(iii) to conduct detailed engineering of energy storage technology or microgrid projects;
(iv) to perform a cost-benefit analysis with respect
to an energy storage technology or microgrid project;
(v) to plan for both the short- and long-term inclusion of energy storage technology or microgrid projects
into the future development plans of the eligible entity;
or
(vi) to purchase and install necessary equipment,
materials, and supplies for demonstration of emerging
technologies; and
(B) may use the grant to obtain technical assistance
from experts in carrying out the activities described in
subparagraph (A).
(4) CONDITION.—As a condition of receiving a grant under
paragraph (1), an eligible entity shall—
(A) implement a public awareness campaign, in
coordination with the Secretary, about the project implemented under the grant in the community in which the
eligible entity is located, which campaign shall include
providing projected environmental benefits achieved under
the project, where to find more information about the program established under this section, and any other information the Secretary determines necessary;
(B) submit to the Secretary, and make available to
the public, a report that describes—
(i) any energy cost savings and environmental
benefits achieved under the project; and
(ii) the results of the project, including quantitative
assessments to the extent practicable, associated with
each activity described in paragraph (3)(A); and
(C) create and disseminate tools and resources that
will benefit other rural electric cooperatives, which may
include cost calculators, guidebooks, handbooks, templates,
and training courses.
(5) COST-SHARE.—Activities under this subsection shall be
subject to the cost-sharing requirements of section 988 of the
Energy Policy Act of 2005 (42 U.S.C. 16352).
(e) TECHNICAL ASSISTANCE.—
(1) IN GENERAL.—In carrying out the program established
under subsection (b), the Secretary may provide eligible entities
with technical assistance relating to—
(A) identifying opportunities for energy storage technology and microgrid projects;
(B) understanding the technical and economic
characteristics of energy storage technology or microgrid
projects;
(C) understanding financing alternatives;
(D) permitting and siting issues;

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2527

(E) obtaining case studies of similar and successful
energy storage technology or microgrid projects;
(F) reviewing and obtaining computer software for
assessment, design, and operation and maintenance of
energy storage technology or microgrid systems; and
(G) understanding and utilizing the reliability and
resiliency benefits of energy storage technology and
microgrid projects.
(2) EXTERNAL CONTRACTS.—In carrying out paragraph (1),
the Secretary may enter into contracts with third-party experts,
including engineering, finance, and insurance experts, to provide technical assistance to eligible entities relating to the
activities described in such paragraph, or other relevant activities, as determined by the Secretary.
(f) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There is authorized to be appropriated
to carry out this section $15,000,000 for each of fiscal years
2021 through 2025.
(2) ADMINISTRATIVE COSTS.—Not more than 5 percent of
the amount appropriated under paragraph (1) for each fiscal
year shall be used for administrative expenses.

Review.
Assessment.

Determination.

TITLE IV—CARBON MANAGEMENT

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SEC. 4001. FOSSIL ENERGY.

Section 961(a) of the Energy Policy Act of 2005 (42 U.S.C.
16291(a)) is amended—
(1) by redesignating paragraphs (1) through (7) as subparagraphs (A) through (G), respectively, and indenting appropriately;
(2) in subparagraph (F) (as so redesignated), by inserting
‘‘, including technology development to reduce emissions of
carbon dioxide and associated emissions of heavy metals within
coal combustion residues and gas streams resulting from fossil
fuel use and production’’ before the period at the end;
(3) by striking subparagraph (G) (as so redesignated) and
inserting the following:
‘‘(G) Increasing the export of fossil energy-related
equipment, technology, including emissions control technologies, and services from the United States.
‘‘(H) Decreasing the cost of emissions control technologies for fossil energy production, generation, and
delivery.
‘‘(I) Significantly lowering greenhouse gas emissions
for all fossil fuel production, generation, delivery, and utilization technologies.
‘‘(J) Developing carbon removal and utilization technologies, products, and methods that result in net reductions in greenhouse gas emissions, including direct air capture and storage, and carbon use and reuse for commercial
application.
‘‘(K) Improving the conversion, use, and storage of
carbon oxides produced from fossil fuels.
‘‘(L) Reducing water use, improving water reuse, and
minimizing surface and subsurface environmental impact

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134 STAT. 2528

PUBLIC LAW 116–260—DEC. 27, 2020
in the development of unconventional domestic oil and
natural gas resources.’’;
(4) by striking the subsection designation and all that
follows through ‘‘The Secretary’’ in the first sentence of the
matter preceding subparagraph (A) (as so redesignated) and
inserting the following:
‘‘(a) ESTABLISHMENT.—
‘‘(1) IN GENERAL.—The Secretary’’;
(5) in paragraph (1) (as so designated), in the second sentence of the matter preceding subparagraph (A) (as so redesignated), by striking ‘‘Such programs’’ and inserting the following:
‘‘(2) OBJECTIVES.—The programs described in paragraph
(1) shall’’; and
(6) by adding at the end the following:
‘‘(3) PRIORITY.—In carrying out the objectives described
in subparagraphs (F) through (K) of paragraph (2), the Secretary shall prioritize activities and strategies that have the
potential to significantly reduce emissions for each technology
relevant to the applicable objective and the international
commitments of the United States.’’.

SEC. 4002. ESTABLISHMENT OF CARBON CAPTURE TECHNOLOGY PROGRAM.

(a) IN GENERAL.—The Energy Policy Act of 2005 is amended
by striking section 962 (42 U.S.C. 16292) and inserting the following:

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42 USC 16292.

‘‘SEC. 962. CARBON CAPTURE TECHNOLOGY PROGRAM.

‘‘(a) DEFINITIONS.—In this section:
‘‘(1) LARGE-SCALE PILOT PROJECT.—The term ‘large-scale
pilot project’ means a pilot project that—
‘‘(A) represents the scale of technology development
beyond laboratory development and bench scale testing,
but not yet advanced to the point of being tested under
real operational conditions at commercial scale;
‘‘(B) represents the scale of technology necessary to
gain the operational data needed to understand the technical and performance risks of the technology before the
application of that technology at commercial scale or in
commercial-scale demonstration; and
‘‘(C) is large enough—
‘‘(i) to validate scaling factors; and
‘‘(ii) to demonstrate the interaction between major
components so that control philosophies for a new
process can be developed and enable the technology
to advance from large-scale pilot project application
to commercial-scale demonstration or application.
‘‘(2) NATURAL GAS.—The term ‘natural gas’ means any fuel
consisting in whole or in part of—
‘‘(A) natural gas;
‘‘(B) liquid petroleum gas;
‘‘(C) synthetic gas derived from petroleum or natural
gas liquids;
‘‘(D) any mixture of natural gas and synthetic gas;
or
‘‘(E) biomethane.
‘‘(3) NATURAL GAS ELECTRIC GENERATION FACILITY.—

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134 STAT. 2529

‘‘(A) IN GENERAL.—The term ‘natural gas electric
generation facility’ means a facility that generates electric
energy using natural gas as the fuel.
‘‘(B) INCLUSIONS.—The term ‘natural gas electric
generation facility’ includes without limitation a new or
existing—
‘‘(i) simple cycle plant;
‘‘(ii) combined cycle plant;
‘‘(iii) combined heat and power plant; or
‘‘(iv) steam methane reformer that produces
hydrogen from natural gas for use in the production
of electric energy.
‘‘(4) PROGRAM.—The term ‘program’ means the program
established under subsection (b)(1).
‘‘(5) TRANSFORMATIONAL TECHNOLOGY.—
‘‘(A) IN GENERAL.—The term ‘transformational technology’ means a technology that represents a significant
change in the methods used to convert energy that will
enable a step change in performance, efficiency, cost of
electricity, and reduction of emissions as compared to the
technology in existence on the date of enactment of the
Energy Act of 2020.
‘‘(B) INCLUSIONS.—The term ‘transformational technology’ includes a broad range of potential technology
improvements, including—
‘‘(i) thermodynamic improvements in energy
conversion and heat transfer, including—
‘‘(I) advanced combustion systems, including
oxygen combustion systems and chemical looping;
and
‘‘(II) the replacement of steam cycles with
supercritical carbon dioxide cycles;
‘‘(ii) improvements in steam or carbon dioxide turbine technology;
‘‘(iii) improvements in carbon capture, utilization,
and storage systems technology;
‘‘(iv) improvements in small-scale and modular
coal-fired technologies with reduced carbon output or
carbon capture that can support incremental power
generation capacity additions;
‘‘(v) fuel cell technologies for low-cost, high-efficiency modular power systems;
‘‘(vi) advanced gasification systems;
‘‘(vii) thermal cycling technologies; and
‘‘(viii) any other technology the Secretary recognizes as transformational technology.
‘‘(b) CARBON CAPTURE TECHNOLOGY PROGRAM.—
‘‘(1) IN GENERAL.—The Secretary shall establish a carbon
capture technology program for the development of transformational technologies that will significantly improve the efficiency, effectiveness, costs, emissions reductions, and environmental performance of coal and natural gas use, including
in manufacturing and industrial facilities.
‘‘(2) REQUIREMENTS.—The program shall include—
‘‘(A) a research and development program;
‘‘(B) large-scale pilot projects;

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134 STAT. 2530

‘‘(C) demonstration projects, in accordance with paragraph (4); and
‘‘(D) a front-end engineering and design program.
‘‘(3) PROGRAM GOALS AND OBJECTIVES.—In consultation with
the interested entities described in paragraph (6)(C), the Secretary shall develop goals and objectives for the program to
be applied to the transformational technologies developed
within the program, taking into consideration the following:
‘‘(A) Increasing the performance of coal electric generation facilities and natural gas electric generation facilities,
including by—
‘‘(i) ensuring reliable, low-cost power from new and
existing coal electric generation facilities and natural
gas electric generation facilities;
‘‘(ii) achieving high conversion efficiencies;
‘‘(iii) addressing emissions of carbon dioxide and
other air pollutants;
‘‘(iv) developing small-scale and modular technologies to support incremental capacity additions and
load following generation, in addition to large-scale
generation technologies;
‘‘(v) supporting dispatchable operations for new
and existing applications of coal and natural gas
generation; and
‘‘(vi) accelerating the development of technologies
that have transformational energy conversion
characteristics.
‘‘(B) Using carbon capture, utilization, and sequestration technologies to decrease the carbon dioxide emissions,
and the environmental impact from carbon dioxide emissions, from new and existing coal electric generation facilities and natural gas electric generation facilities, including
by—
‘‘(i) accelerating the development, deployment, and
commercialization of technologies to capture and
sequester carbon dioxide emissions from new and
existing coal electric generation facilities and natural
gas electric generation facilities;
‘‘(ii) supporting sites for safe geological storage
of large volumes of anthropogenic sources of carbon
dioxide and the development of the infrastructure
needed to support a carbon dioxide utilization and
storage industry;
‘‘(iii) improving the conversion, utilization, and
storage of carbon dioxide produced from fossil fuels
and other anthropogenic sources of carbon dioxide;
‘‘(iv) lowering greenhouse gas emissions for all
fossil fuel production, generation, delivery, and use,
to the maximum extent practicable;
‘‘(v) developing carbon utilization technologies,
products, and methods, including carbon use and reuse
for commercial application;
‘‘(vi) developing net-negative carbon dioxide emissions technologies; and
‘‘(vii) developing technologies for the capture of
carbon dioxide produced during the production of
hydrogen from natural gas.

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Consultation.

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134 STAT. 2531

‘‘(C) Decreasing the non-carbon dioxide relevant
environmental impacts of coal and natural gas production,
including by—
‘‘(i) further reducing non-carbon dioxide air emissions; and
‘‘(ii) reducing the use, and managing the discharge,
of water in power plant operations.
‘‘(D) Accelerating the development of technologies to
significantly decrease emissions from manufacturing and
industrial facilities, including—
‘‘(i) nontraditional fuel manufacturing facilities,
including ethanol or other biofuel production plants
or hydrogen production plants; and
‘‘(ii) energy-intensive manufacturing facilities that
produce carbon dioxide as a byproduct of operations.
‘‘(E) Entering into cooperative agreements to carry out
and expedite demonstration projects (including pilot
projects) to demonstrate the technical and commercial
viability of technologies to reduce carbon dioxide emissions
released from coal electric generation facilities and natural
gas electric generation facilities for commercial deployment.
‘‘(F) Identifying any barriers to the commercial deployment of any technologies under development for the capture
of carbon dioxide produced by coal electric generation facilities and natural gas electric generation facilities.
‘‘(4) DEMONSTRATION PROJECTS.—
‘‘(A) IN GENERAL.—In carrying out the program, the
Secretary shall establish a demonstration program under
which the Secretary, through a competitive, merit-reviewed
process, shall enter into cooperative agreements by not
later than September 30, 2025, for demonstration projects
to demonstrate the construction and operation of 6 facilities
to capture carbon dioxide from coal electric generation
facilities, natural gas electric generation facilities, and
industrial facilities.
‘‘(B) TECHNICAL ASSISTANCE.—The Secretary, to the
maximum extent practicable, shall provide technical assistance to any eligible entity seeking to enter into a cooperative agreement described in subparagraph (A) for the purpose of obtaining any necessary permits and licenses to
demonstrate qualifying technologies.
‘‘(C) ELIGIBLE ENTITIES.—The Secretary may enter into
cooperative agreements under subparagraph (A) with
industry stakeholders, including any industry stakeholder
operating in partnership with the National Laboratories,
institutions of higher education, multiinstitutional
collaborations, and other appropriate entities.
‘‘(D) COMMERCIAL-SCALE DEMONSTRATION PROJECTS.—
‘‘(i) IN GENERAL.—In carrying out the program,
the Secretary shall establish a carbon capture technology commercialization program to demonstrate
substantial improvements in the efficiency, effectiveness, cost, and environmental performance of carbon
capture technologies for power, industrial, and other
commercial applications.
‘‘(ii) REQUIREMENT.—The program established
under clause (i) shall include funding for commercial-

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Contracts.

Contracts.

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134 STAT. 2532

PUBLIC LAW 116–260—DEC. 27, 2020
scale carbon capture technology demonstrations of
projects supported by the Department, including
projects in addition to the projects described in
subparagraph (A), including funding for not more than
2 projects to demonstrate substantial improvements
in a particular technology type beyond the first of
a kind demonstration and to account for considerations
described in subparagraph (G).
‘‘(E) REQUIREMENT.—Of the demonstration projects carried out under subparagraph (A)—
‘‘(i) 2 shall be designed to capture carbon dioxide
from a natural gas electric generation facility;
‘‘(ii) 2 shall be designed to capture carbon dioxide
from a coal electric generation facility; and
‘‘(iii) 2 shall be designed to capture carbon dioxide
from an industrial facility not purposed for electric
generation.
‘‘(F) GOALS.—Each demonstration project under the
demonstration program under subparagraph (A)—
‘‘(i) shall be designed to further the development,
deployment, and commercialization of technologies to
capture and sequester carbon dioxide emissions from
new and existing coal electric generation facilities, natural gas electric generation facilities, and industrial
facilities;
‘‘(ii) shall be financed in part by the private sector;
and
‘‘(iii) if necessary, shall secure agreements for the
offtake of carbon dioxide emissions captured by qualifying technologies during the project.
‘‘(G) APPLICATIONS.—
‘‘(i) IN GENERAL.—To be eligible to enter into an
agreement with the Secretary for a demonstration
project under subparagraphs (A) and (D), an entity
shall submit to the Secretary an application at such
time, in such manner, and containing such information
as the Secretary may require.
‘‘(ii) REVIEW OF APPLICATIONS.—In reviewing
applications submitted under clause (i), the Secretary,
to the maximum extent practicable, shall—
‘‘(I) ensure a broad geographic distribution of
project sites;
‘‘(II) ensure that a broad selection of electric
generation facilities are represented;
‘‘(III) ensure that a broad selection of technologies are represented; and
‘‘(IV) leverage existing public-private partnerships and Federal resources.
‘‘(H) GAO STUDY AND REPORT.—
‘‘(i) STUDY AND REPORT.—
‘‘(I) IN GENERAL.—Not later than 1 year after
the date of enactment of the Energy Act of 2020,
the Comptroller General of the United States shall
conduct, and submit to the Committee on Energy
and Natural Resources of the Senate and the Committee on Science, Space, and Technology of the
House of Representatives a report on the results

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134 STAT. 2533

of, a study of the successes, failures, practices,
and improvements of the Department in carrying
out demonstration projects under this paragraph.
‘‘(II) CONSIDERATIONS.—In conducting the
study under subclause (I), the Comptroller General
of the United States shall consider—
‘‘(aa) applicant and contractor qualifications;
‘‘(bb) project management practices at the
Department;
‘‘(cc) economic or market changes and
other factors impacting project viability;
‘‘(dd) completion of third-party agreements, including power purchase agreements
and carbon dioxide offtake agreements;
‘‘(ee) regulatory challenges; and
‘‘(ff) construction challenges.
‘‘(ii) RECOMMENDATIONS.—The Secretary shall—
‘‘(I) consider any relevant recommendations,
as determined by the Secretary, provided in the
report required under clause (i)(I); and
‘‘(II) adopt such recommendations as the Secretary considers appropriate.
‘‘(I) REPORT.—
‘‘(i) IN GENERAL.—Not later than 180 days after
the date on which the Secretary solicits applications
under subparagraph (G), and annually thereafter, the
Secretary shall submit to the appropriate committees
of jurisdiction of the Senate and the House of Representatives a report that includes a detailed description of how the applications under the demonstration
program established under subparagraph (A) were or
will be solicited and how the applications were or will
be evaluated, including—
‘‘(I) a list of any activities carried out by the
Secretary to solicit or evaluate the applications;
and
‘‘(II) a process for ensuring that any projects
carried out under a cooperative agreement entered
into under subparagraph (A) are designed to result
in the development or demonstration of qualifying
technologies.
‘‘(ii) INCLUSIONS.—The Secretary shall include—
‘‘(I) in the first report required under clause
(i), a detailed list of technical milestones for the
development and demonstration of each qualifying
technology pursued under the demonstration program established under subparagraph (A);
‘‘(II) in each subsequent report required under
clause (i), a description of the progress made
towards achieving the technical milestones
described in subclause (I) during the applicable
period covered by the report; and
‘‘(III) in each report required under clause (i)—
‘‘(aa) an estimate of the cost of licensing,
permitting, constructing, and operating each

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Determination.

List.

List.

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PUBLIC LAW 116–260—DEC. 27, 2020
carbon capture facility expected to be constructed under the demonstration program
established under subparagraph (A);
‘‘(bb) a schedule for the planned construction and operation of each demonstration or
pilot project under the demonstration program; and
‘‘(cc) an estimate of any financial assistance, compensation, or incentives proposed to
be paid by the host State, Indian Tribe, or
local government with respect to each facility
described in item (aa).
‘‘(5) INTRAAGENCY COORDINATION FOR CARBON CAPTURE,
UTILIZATION, AND SEQUESTRATION ACTIVITIES.—The carbon capture, utilization, and sequestration activities described in paragraph (3)(B) shall be carried out by the Assistant Secretary
for Fossil Energy, in coordination with the heads of other
relevant offices of the Department and the National Laboratories.
‘‘(6) CONSULTATIONS REQUIRED.—In carrying out the program, the Secretary shall—
‘‘(A) undertake international collaborations, taking into
consideration the recommendations of the National Coal
Council and the National Petroleum Council;
‘‘(B) use existing authorities to encourage international
cooperation; and
‘‘(C) consult with interested entities, including—
‘‘(i) coal and natural gas producers;
‘‘(ii) industries that use coal and natural gas;
‘‘(iii) organizations that promote coal, advanced
coal, and natural gas technologies;
‘‘(iv) environmental organizations;
‘‘(v) organizations representing workers; and
‘‘(vi) organizations representing consumers.
‘‘(c) REPORT.—
‘‘(1) IN GENERAL.—Not later than 18 months after the date
of enactment of the Energy Act of 2020, the Secretary shall
submit to Congress a report describing the program goals and
objectives adopted under subsection (b)(3).
‘‘(2) UPDATE.—Not less frequently than once every 2 years
after the initial report is submitted under paragraph (1), the
Secretary shall submit to Congress a report describing the
progress made towards achieving the program goals and objectives adopted under subsection (b)(3).
‘‘(d) FUNDING.—
‘‘(1) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to the Secretary to carry out
this section, to remain available until expended—
‘‘(A) for activities under the research and development
program component described in subsection (b)(2)(A)—
‘‘(i) $230,000,000 for each of fiscal years 2021 and
2022; and
‘‘(ii) $150,000,000 for each of fiscal years 2023
through 2025;
‘‘(B) subject to paragraph (2), for activities under the
large-scale pilot projects program component described in
subsection (b)(2)(B)—

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‘‘(i) $225,000,000 for each of fiscal years 2021 and
2022;
‘‘(ii) $200,000,000 for each of fiscal years 2023
and 2024; and
‘‘(iii) $150,000,000 for fiscal year 2025;
‘‘(C) for activities under the demonstration projects
program component described in subsection (b)(2)(C)—
‘‘(i) $500,000,000 for each of fiscal years 2021
though 2024; and
‘‘(ii) $600,000,000 for fiscal year 2025; and
‘‘(D) for activities under the front-end engineering and
design program described in subsection (b)(2)(D),
$50,000,000 for each of fiscal years 2021 through 2024.
‘‘(2) COST SHARING FOR LARGE-SCALE PILOT PROJECTS.—
Activities under subsection (b)(2)(B) shall be subject to the
cost-sharing requirements of section 988(b).
‘‘(e) CARBON CAPTURE TEST CENTERS.—
‘‘(1) IN GENERAL.—Not later than 2 years after the date
of enactment of the Energy Act of 2020, the Secretary shall
award grants to 1 or more entities for the operation of 1
or more test centers (referred to in this subsection as a ‘Center’)
to provide distinct testing capabilities for innovative carbon
capture technologies.
‘‘(2) PURPOSE.—Each Center shall—
‘‘(A) advance research, development, demonstration,
and commercial application of carbon capture technologies;
‘‘(B) support large-scale pilot projects and demonstration projects and test carbon capture technologies; and
‘‘(C) develop front-end engineering design and economic
analysis.
‘‘(3) SELECTION.—
‘‘(A) IN GENERAL.—The Secretary shall select entities
to receive grants under this subsection according to such
criteria as the Secretary may develop.
‘‘(B) COMPETITIVE BASIS.—The Secretary shall select
entities to receive grants under this subsection on a
competitive basis.
‘‘(C) PRIORITY CRITERIA.—In selecting entities to receive
grants under this subsection, the Secretary shall prioritize
consideration of applicants that—
‘‘(i) have access to existing or planned research
facilities for carbon capture technologies;
‘‘(ii) are institutions of higher education with established expertise in engineering for carbon capture technologies, or partnerships with such institutions of
higher education; or
‘‘(iii) have access to existing research and test
facilities for bulk materials design and testing, component design and testing, or professional engineering
design.
‘‘(D) EXISTING CENTERS.—In selecting entities to receive
grants under this subsection, the Secretary shall prioritize
carbon capture test centers in existence on the date of
enactment of the Energy Act of 2020.
‘‘(4) FORMULA FOR AWARDING GRANTS.—The Secretary may
develop a formula for awarding grants under this subsection.
‘‘(5) SCHEDULE.—

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134 STAT. 2536

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PUBLIC LAW 116–260—DEC. 27, 2020

‘‘(A) IN GENERAL.—Each grant awarded under this subsection shall be for a term of not more than 5 years,
subject to the availability of appropriations.
‘‘(B) RENEWAL.—The Secretary may renew a grant for
1 or more additional 5-year terms, subject to a competitive
merit review and the availability of appropriations.
‘‘(6) TERMINATION.—To the extent otherwise authorized by
law, the Secretary may eliminate, and terminate grant funding
under this subsection for, a Center during any 5-year term
described in paragraph (5) if the Secretary determines that
the Center is underperforming.
‘‘(7) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this subsection $25,000,000
for each of fiscal years 2021 through 2025.’’.
(b) TECHNICAL AMENDMENT.—The table of contents for the
Energy Policy Act of 2005 (Public Law 109–58; 119 Stat. 600)
is amended by striking the item relating to section 962 and inserting
the following:
‘‘Sec. 962. Carbon capture technology program.’’.
SEC. 4003. CARBON STORAGE VALIDATION AND TESTING.

(a) IN GENERAL.—Section 963 of the Energy Policy Act of 2005
(42 U.S.C. 16293) is amended—
(1) by striking subsection (d) and inserting the following:
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Secretary to carry out this section—
‘‘(1) $200,000,000 for fiscal year 2021;
‘‘(2) $200,000,000 for fiscal year 2022;
‘‘(3) $150,000,000 for fiscal year 2023;
‘‘(4) $150,000,000 for fiscal year 2024; and
‘‘(5) $100,000,000 for fiscal year 2025.’’;
(2) in subsection (c)—
(A) by striking paragraphs (5) and (6) and inserting
the following:
‘‘(f) COST SHARING.—Activities carried out under this section
shall be subject to the cost-sharing requirements of section 988.’’;
and
(B) by redesignating paragraph (4) as subsection (e)
and indenting appropriately;
(3) in subsection (e) (as so redesignated)—
(A) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively, and indenting appropriately; and
(B) by striking ‘‘subsection’’ each place it appears and
inserting ‘‘section’’; and
(4) by striking the section designation and heading and
all that follows through the end of subsection (c)(3) and
inserting the following:

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‘‘SEC. 963. CARBON STORAGE VALIDATION AND TESTING.

‘‘(a) DEFINITIONS.—In this section:
‘‘(1) LARGE-SCALE CARBON SEQUESTRATION.—The term
‘large-scale carbon sequestration’ means a scale that—
‘‘(A) demonstrates the ability to inject into geologic
formations and sequester carbon dioxide; and

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134 STAT. 2537

‘‘(B) has a goal of sequestering not less than 50 million
metric tons of carbon dioxide over a 10-year period.
‘‘(2) PROGRAM.—The term ‘program’ means the program
established under subsection (b)(1).
‘‘(b) CARBON STORAGE PROGRAM.—
‘‘(1) IN GENERAL.—The Secretary shall establish a program
of research, development, and demonstration for carbon storage.
‘‘(2) PROGRAM ACTIVITIES.—Activities under the program
shall include—
‘‘(A) in coordination with relevant Federal agencies,
developing and maintaining mapping tools and resources
that assess the capacity of geologic storage formation in
the United States;
‘‘(B) developing monitoring tools, modeling of geologic
formations, and analyses—
‘‘(i) to predict carbon dioxide containment; and
‘‘(ii) to account for sequestered carbon dioxide in
geologic storage sites;
‘‘(C) researching—
‘‘(i) potential environmental, safety, and health
impacts in the event of a leak into the atmosphere
or to an aquifer; and
‘‘(ii) any corresponding mitigation actions or
responses to limit harmful consequences of such a leak;
‘‘(D) evaluating the interactions of carbon dioxide with
formation solids and fluids, including the propensity of
injections to induce seismic activity;
‘‘(E) assessing and ensuring the safety of operations
relating to geologic sequestration of carbon dioxide;
‘‘(F) determining the fate of carbon dioxide concurrent
with and following injection into geologic formations;
‘‘(G) supporting cost and business model assessments
to examine the economic viability of technologies and systems developed under the program; and
‘‘(H) providing information to the Environmental
Protection Agency, States, local governments, Tribal
governments, and other appropriate entities, to ensure the
protection of human health and the environment.
‘‘(3) GEOLOGIC SETTINGS.—In carrying out research activities under this subsection, the Secretary shall consider a variety
of candidate onshore and offshore geologic settings, including—
‘‘(A) operating oil and gas fields;
‘‘(B) depleted oil and gas fields;
‘‘(C) residual oil zones;
‘‘(D) unconventional reservoirs and rock types;
‘‘(E) unmineable coal seams;
‘‘(F) saline formations in both sedimentary and basaltic
geologies;
‘‘(G) geologic systems that may be used as engineered
reservoirs to extract economical quantities of brine from
geothermal resources of low permeability or porosity; and
‘‘(H) geologic systems containing in situ carbon dioxide
mineralization formations.
‘‘(c) LARGE-SCALE CARBON SEQUESTRATION DEMONSTRATION
PROGRAM.—
‘‘(1) IN GENERAL.—The Secretary shall establish a demonstration program under which the Secretary shall provide

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Valuation.

Assessment.
Determination.

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funding for demonstration projects to collect and validate
information on the cost and feasibility of commercial deployment of large-scale carbon sequestration technologies.
‘‘(2) EXISTING REGIONAL CARBON SEQUESTRATION PARTNERSHIPS.—In carrying out paragraph (1), the Secretary may provide additional funding to regional carbon sequestration partnerships that are carrying out or have completed a largescale carbon sequestration demonstration project under this
section (as in effect on the day before the date of enactment
of the Energy Act of 2020) for additional work on that project.
‘‘(3) DEMONSTRATION COMPONENTS.—Each demonstration
project carried out under this subsection shall include longitudinal tests involving carbon dioxide injection and monitoring,
mitigation, and verification operations.
‘‘(4) CLEARINGHOUSE.—The National Energy Technology
Laboratory shall act as a clearinghouse of shared information
and resources for—
‘‘(A) existing or completed demonstration projects
receiving additional funding under paragraph (2); and
‘‘(B) any new demonstration projects funded under this
subsection.
‘‘(5) REPORT.—Not later than 1 year after the date of enactment of the Energy Act of 2020, the Secretary shall submit
to the Committee on Energy and Natural Resources of the
Senate and the Committee on Science, Space, and Technology
of the House of Representatives a report that—
‘‘(A) assesses the progress of all regional carbon sequestration partnerships carrying out a demonstration project
under this subsection;
‘‘(B) identifies the remaining challenges in achieving
large-scale carbon sequestration that is reliable and safe
for the environment and public health; and
‘‘(C) creates a roadmap for carbon storage research
and development activities of the Department through
2025, with the goal of reducing economic and policy barriers
to commercial carbon sequestration.
‘‘(d) INTEGRATED STORAGE.—
‘‘(1) IN GENERAL.—The Secretary may transition large-scale
carbon sequestration demonstration projects under subsection
(c) into integrated commercial storage complexes.
‘‘(2) GOALS AND OBJECTIVES.—The goals and objectives of
the Secretary in seeking to transition large-scale carbon sequestration demonstration projects into integrated commercial storage complexes under paragraph (1) shall be—
‘‘(A) to identify geologic storage sites that are able
to accept large volumes of carbon dioxide acceptable for
commercial contracts;
‘‘(B) to understand the technical and commercial
viability of carbon dioxide geologic storage sites; and
‘‘(C) to carry out any other activities necessary to
transition the large-scale carbon sequestration demonstration projects under subsection (c) into integrated commercial storage complexes.’’.
(b) TECHNICAL AMENDMENT.—The table of contents for the
Energy Policy Act of 2005 (Public Law 109–58; 119 Stat. 600;

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2539

121 Stat. 1708) is amended by striking the item relating to section
963 and inserting the following:
‘‘Sec. 963. Carbon storage validation and testing.’’.

(c) CONFORMING AMENDMENTS.—
(1) Section 703(a)(3) of the Department of Energy Carbon
Capture and Sequestration Research, Development, and Demonstration Act of 2007 (42 U.S.C. 17251(a)(3)) is amended,
in the first sentence of the matter preceding subparagraph
(A), by—
(A) striking ‘‘section 963(c)(3)’’ and inserting ‘‘section
963(c)’’; and
(B) striking ‘‘16293(c)(3)’’ and inserting ‘‘16293(c)’’.
(2) Section 704 of the Department of Energy Carbon Capture and Sequestration Research, Development, and Demonstration Act of 2007 (42 U.S.C. 17252) is amended, in the
first sentence, by—
(A) striking ‘‘section 963(c)(3)’’ and inserting ‘‘section
963(c)’’; and
(B) striking ‘‘16293(c)(3)’’ and inserting ‘‘16293(c)’’.
SEC. 4004. CARBON UTILIZATION PROGRAM.

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(a) CARBON UTILIZATION PROGRAM.—
(1) IN GENERAL.—Subtitle F of title IX of the Energy Policy
Act of 2005 (42 U.S.C. 16291 et seq.) is amended by adding
at the end the following:

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‘‘SEC. 969A. CARBON UTILIZATION PROGRAM.

42 USC 16298a.

‘‘(a) IN GENERAL.—The Secretary shall establish a program
of research, development, and demonstration for carbon utilization—
‘‘(1) to assess and monitor—
‘‘(A) potential changes in lifecycle carbon dioxide and
other greenhouse gas emissions; and
‘‘(B) other environmental safety indicators of new technologies, practices, processes, or methods used in enhanced
hydrocarbon recovery as part of the activities authorized
under section 963;
‘‘(2) to identify and assess novel uses for carbon, including
the conversion of carbon and carbon oxides for commercial
and industrial products and other products with potential
market value;
‘‘(3) to identify and assess carbon capture technologies for
industrial systems; and
‘‘(4) to identify and assess alternative uses for raw coal
and processed coal products in all phases that result in no
significant emissions of carbon dioxide or other pollutants,
including products derived from carbon engineering, carbon
fiber, and coal conversion methods.
‘‘(b) DEMONSTRATION PROGRAMS FOR THE PURPOSE OF COMMERCIALIZATION.—
‘‘(1) IN GENERAL.—Not later than 180 days after the date
of enactment of the Energy Act of 2020, as part of the program
established under subsection (a), the Secretary shall establish
a 2-year demonstration program in each of the 2 major coalproducing regions of the United States for the purpose of

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Time period.

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PUBLIC LAW 116–260—DEC. 27, 2020

partnering with private institutions in coal mining regions to
accelerate the commercial deployment of coal-carbon products.
‘‘(2) COST SHARING.—Activities under paragraph (1) shall
be subject to the cost-sharing requirements of section 988.
‘‘(c) CARBON UTILIZATION RESEARCH CENTER.—
‘‘(1) IN GENERAL.—In carrying out the program under subsection (a), the Secretary shall establish and operate a national
Carbon Utilization Research Center (referred to in this subsection as the ‘Center’), which shall focus on early stage
research and development activities including—
‘‘(A) post-combustion and pre-combustion capture of
carbon dioxide;
‘‘(B) advanced compression technologies for new and
existing fossil fuel-fired power plants;
‘‘(C) technologies to convert carbon dioxide to valuable
products and commodities; and
‘‘(D) advanced carbon dioxide storage technologies that
consider a range of storage regimes.
‘‘(2) SELECTION.—The Secretary shall—
‘‘(A) select the Center under this subsection on a
competitive, merit-reviewed basis; and
‘‘(B) consider applications from the National Laboratories, institutions of higher education, multiinstitutional
collaborations, and other appropriate entities.
‘‘(3) EXISTING CENTERS.—In selecting the Center under this
subsection, the Secretary shall prioritize carbon utilization
research centers in existence on the date of enactment of the
Energy Act of 2020.
‘‘(4) DURATION.—The Center established under this subsection shall receive support for a period of not more than
5 years, subject to the availability of appropriations.
‘‘(5) RENEWAL.—On the expiration of any period of support
of the Center, the Secretary may renew support for the Center,
on a merit-reviewed basis, for a period of not more than 5
years.
‘‘(6) TERMINATION.—Consistent with the existing authorities of the Department, the Secretary may terminate the Center
for cause during the performance period.
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Secretary to carry out this section—
‘‘(1) $54,000,000 for fiscal year 2021;
‘‘(2) $55,250,000 for fiscal year 2022;
‘‘(3) $56,562,500 for fiscal year 2023;
‘‘(4) $57,940,625 for fiscal year 2024; and
‘‘(5) $59,387,656 for fiscal year 2025.
‘‘(e) COORDINATION.—The Secretary shall coordinate the activities authorized in this section with the activities authorized in
section 969 as part of one consolidated program at the Department.
Nothing in section 969 shall be construed as limiting the authorities
provided in this section.’’.
(2) TECHNICAL AMENDMENT.—The table of contents for the
Energy Policy Act of 2005 (Public Law 109–58; 119 Stat. 600)
is amended by adding at the end of the items relating to
subtitle F of title IX the following:
‘‘Sec. 969A. Carbon utilization program.’’.

(b) STUDY.—

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2541

(1) IN GENERAL.—The Secretary of Energy (in this section
referred to as the ‘‘Secretary’’) shall enter into an agreement
with the National Academies of Sciences, Engineering, and
Medicine under which the National Academies of Sciences,
Engineering, and Medicine shall conduct a study to assess
any barriers and opportunities relating to commercializing
carbon, coal-derived carbon, and carbon dioxide in the United
States.
(2) REQUIREMENTS.—The study under paragraph (1) shall—
(A) analyze challenges to commercializing carbon
dioxide, including—
(i) expanding carbon dioxide pipeline capacity;
(ii) mitigating environmental impacts;
(iii) access to capital;
(iv) geographic barriers; and
(v) regional economic challenges and opportunities;
(B) identify potential markets, industries, or sectors
that may benefit from greater access to commercial carbon
dioxide;
(C) determine the feasibility of, and opportunities for,
the commercialization of coal-derived carbon products,
including for—
(i) commercial purposes;
(ii) industrial purposes;
(iii) defense and military purposes;
(iv) agricultural purposes, including soil amendments and fertilizers;
(v) medical and pharmaceutical applications;
(vi) construction and building applications;
(vii) energy applications; and
(viii) production of critical minerals;
(D) assess—
(i) the state of infrastructure as of the date of
the study; and
(ii) any necessary updates to infrastructure to
allow for the integration of safe and reliable carbon
dioxide transportation, use, and storage;
(E) describe the economic, climate, and environmental
impacts of any well-integrated national carbon dioxide pipeline system, including suggestions for policies that could—
(i) improve the economic impact of the system;
and
(ii) mitigate impacts of the system;
(F) assess the global status and progress of chemical
and biological carbon utilization technologies in practice
as of the date of the study that utilize anthropogenic
carbon, including carbon dioxide, carbon monoxide,
methane, and biogas, from power generation, biofuels
production, and other industrial processes;
(G) identify emerging technologies and approaches for
carbon utilization that show promise for scale-up, demonstration, deployment, and commercialization;
(H) analyze the factors associated with making carbon
utilization technologies viable at a commercial scale,
including carbon waste stream availability, economics,
market capacity, energy, and lifecycle requirements;

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Assessment.

Assessment.

Analysis.

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134 STAT. 2542

PUBLIC LAW 116–260—DEC. 27, 2020
(I)(i) assess the major technical challenges associated
with increasing the commercial viability of carbon reuse
technologies; and
(ii) identify the research and development questions
that will address the challenges described in clause (i);
(J)(i) assess research efforts being carried out as of
the date of the study, including basic, applied, engineering,
and computational research efforts, that are addressing
the challenges described in subparagraph (I)(i); and
(ii) identify gaps in the research efforts under clause
(i);
(K) develop a comprehensive research agenda that
addresses long- and short-term research needs and
opportunities for technologies that may be important to
minimizing net greenhouse gas emissions from the use
of coal and natural gas; and
(L)(i) identify appropriate Federal agencies with
capabilities to support small business entities; and
(ii) determine what assistance the Federal agencies
identified under clause (i) could provide to small business
entities to further the development and commercial deployment of carbon dioxide-based products.
(3) DEADLINE.—Not later than 180 days after the date
of enactment of this Act, the National Academies of Sciences,
Engineering, and Medicine shall submit to the Secretary a
report describing the results of the study under paragraph
(1).

Assessment.

Assessment.

Determination.

SEC. 4005. HIGH EFFICIENCY TURBINES.

(a) IN GENERAL.—Subtitle F of title IX of the Energy Policy
Act of 2005 (42 U.S.C. 16291 et seq.) is further amended by adding
at the end the following:

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42 USC 16298b.

‘‘SEC. 969B. HIGH EFFICIENCY TURBINES.

‘‘(a) IN GENERAL.—The Secretary, acting through the Assistant
Secretary for Fossil Energy (referred to in this section as the ‘Secretary’), shall establish a multiyear, multiphase program (referred
to in this section as the ‘program’) of research, development, and
technology demonstration to improve the efficiency of gas turbines
used in power generation systems and aviation.
‘‘(b) PROGRAM ELEMENTS.—The program shall—
‘‘(1) support first-of-a-kind engineering and detailed gas
turbine design for small-scale and utility-scale electric power
generation, including—
‘‘(A) high temperature materials, including superalloys,
coatings, and ceramics;
‘‘(B) improved heat transfer capability;
‘‘(C) manufacturing technology required to construct
complex 3-dimensional geometry parts with improved aerodynamic capability;
‘‘(D) combustion technology to produce higher firing
temperature while lowering nitrogen oxide and carbon monoxide emissions per unit of output;
‘‘(E) advanced controls and systems integration;
‘‘(F) advanced high performance compressor technology;
and
‘‘(G) validation facilities for the testing of components
and subsystems;

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134 STAT. 2543

‘‘(2) include technology demonstration through component
testing, subscale testing, and full-scale testing in existing fleets;
‘‘(3) include field demonstrations of the developed technology elements to demonstrate technical and economic feasibility;
‘‘(4) assess overall combined cycle and simple cycle system
performance;
‘‘(5) increase fuel flexibility by enabling gas turbines to
operate with high proportions of, or pure, hydrogen or other
renewable gas fuels;
‘‘(6) enhance foundational knowledge needed for low-emission combustion systems that can work in high-pressure, hightemperature environments required for high-efficiency cycles;
‘‘(7) increase operational flexibility by reducing turbine
start-up times and improving the ability to accommodate
flexible power demand; and
‘‘(8) include any other elements necessary to achieve the
goals described in subsection (c), as determined by the Secretary, in consultation with private industry.
‘‘(c) PROGRAM GOALS.—
‘‘(1) IN GENERAL.—The goals of the program shall be—
‘‘(A) in phase I, to develop a conceptual design of,
and to develop and demonstrate the technology required
for—
‘‘(i) advanced high efficiency gas turbines to
achieve, on a lower heating value basis—
‘‘(I) a combined cycle efficiency of not less than
65 percent; or
‘‘(II) a simple cycle efficiency of not less than
47 percent; and
‘‘(ii) aviation gas turbines to achieve a 25 percent
reduction in fuel burn by improving fuel efficiency
to existing best-in-class turbo-fan engines; and
‘‘(B) in phase II, to develop a conceptual design of
advanced high efficiency gas turbines that can achieve,
on a lower heating value basis—
‘‘(i) a combined cycle efficiency of not less than
67 percent; or
‘‘(ii) a simple cycle efficiency of not less than 50
percent.
‘‘(2) ADDITIONAL GOALS.—If a goal described in paragraph
(1) has been achieved, the Secretary, in consultation with private industry and the National Academy of Sciences, may
develop additional goals or phases for advanced gas turbine
research and development.
‘‘(d) FINANCIAL ASSISTANCE.—
‘‘(1) IN GENERAL.—The Secretary may provide financial
assistance, including grants, to carry out the program.
‘‘(2) PROPOSALS.—Not later than 180 days after the date
of enactment of the Energy Act of 2020, the Secretary shall
solicit proposals from industry, small businesses, universities,
and other appropriate parties for conducting activities under
this section.
‘‘(3) CONSIDERATIONS.—In selecting proposed projects to
receive financial assistance under this subsection, the Secretary
shall give special consideration to the extent to which the
proposed project will—

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Determination.

Consultation.

Deadline.

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‘‘(A) stimulate the creation or increased retention of
jobs in the United States; and
‘‘(B) promote and enhance technology leadership in
the United States.
‘‘(4) COMPETITIVE AWARDS.—The Secretary shall provide
financial assistance under this subsection on a competitive
basis, with an emphasis on technical merit.
‘‘(5) COST SHARING.—Financial assistance provided under
this subsection shall be subject to the cost sharing requirements
of section 988.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $50,000,000 for each
of fiscal years 2021 through 2025.’’.
(b) TECHNICAL AMENDMENT.—The table of contents for the
Energy Policy Act of 2005 (Public Law 109–58; 119 Stat. 600)
is further amended by adding at the end of the items relating
to subtitle F of title IX the following:
‘‘Sec. 969B. High efficiency gas turbines.’’.
SEC. 4006. NATIONAL ENERGY TECHNOLOGY LABORATORY REFORMS.

(a) IN GENERAL.—Subtitle F of title IX of the Energy Policy
Act of 2005 (42 U.S.C. 16291 et seq.) is further amended by adding
at the end the following:
42 USC 16298c.

‘‘SEC. 969C. NATIONAL ENERGY TECHNOLOGY LABORATORY REFORMS.
AND

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‘‘(a) SPECIAL HIRING AUTHORITY FOR SCIENTIFIC, ENGINEERING,
PROJECT MANAGEMENT PERSONNEL.—
‘‘(1) IN GENERAL.—The Director of the National Energy
Technology Laboratory (referred to in this section as the
‘Director’) may—
‘‘(A) make appointments to positions in the National
Energy Technology Laboratory to assist in meeting a specific project or research need, without regard to civil service
laws, of individuals who—
‘‘(i) have an advanced scientific or engineering
background; or
‘‘(ii) have a business background and can assist
in specific technology-to-market needs;
‘‘(B) fix the basic pay of any employee appointed under
subparagraph (A) at a rate not to exceed level II of the
Executive Schedule under section 5313 of title 5, United
States Code; and
‘‘(C) pay any employee appointed under subparagraph
(A) payments in addition to the basic pay fixed under
subparagraph (B), subject to the condition that the total
amount of additional payments paid to an employee under
this subparagraph for any 12-month period shall not exceed
the least of—
‘‘(i) $25,000;
‘‘(ii) the amount equal to 25 percent of the annual
rate of basic pay of that employee; and
‘‘(iii) the amount of the limitation that is applicable
for a calendar year under section 5307(a)(1) of title
5, United States Code.
‘‘(2) LIMITATIONS.—

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134 STAT. 2545

‘‘(A) IN GENERAL.—The term of any employee appointed
under paragraph (1)(A) shall not exceed 3 years.
‘‘(B) FULL-TIME EMPLOYEES.—Not more than 10 fulltime employees appointed under paragraph (1)(A) may be
employed at the National Energy Technology Laboratory
at any given time.
‘‘(b) LABORATORY-DIRECTED RESEARCH AND DEVELOPMENT.—
‘‘(1) IN GENERAL.—Beginning in fiscal year 2021, the
National Energy Technology Laboratory shall be eligible for
laboratory-directed research and development funding.
‘‘(2) AUTHORIZATION OF FUNDING.—
‘‘(A) IN GENERAL.—Each fiscal year, of funds made
available to the National Energy Technology Laboratory,
the Secretary may deposit an amount, not to exceed the
rate made available to the National Laboratories for laboratory-directed research and development, in a special fund
account.
‘‘(B) USE.—Amounts in the account under subparagraph (A) shall only be available for laboratory-directed
research and development.
‘‘(C) REQUIREMENTS.—The account under subparagraph (A)—
‘‘(i) shall be administered by the Secretary;
‘‘(ii) shall be available without fiscal year limitation; and
‘‘(iii) shall not be subject to appropriation.
‘‘(3) REQUIREMENT.—The Director shall carry out laboratory-directed research and development activities at the
National Energy Technology Laboratory consistent with Department of Energy Order 413.2C, dated August 2, 2018 (or a
successor order).
‘‘(4) ANNUAL REPORT ON USE OF AUTHORITY.—Annually,
the Secretary shall submit to the Committee on Energy and
Natural Resources of the Senate and the Committee on Science,
Space, and Technology of the House of Representatives a report
on the use of the authority provided under this subsection
during the preceding fiscal year.
‘‘(c) LABORATORY OPERATIONS.—The Secretary shall delegate
human resources operations of the National Energy Technology
Laboratory to the Director to assist in carrying out this section.
‘‘(d) REVIEW.—Not later than 2 years after the date of enactment of the Energy Act of 2020, the Secretary shall submit to
the Committee on Energy and Natural Resources of the Senate
and the Committee on Science, Space, and Technology of the House
of Representatives a report assessing the management and research
activities of the National Energy Technology Laboratory, which
shall include—
‘‘(1) an assessment of the quality of science and research
at the National Energy Technology Laboratory, relative to
similar work at other National Laboratories;
‘‘(2) a review of the effectiveness of authorities provided
in subsections (a) and (b); and
‘‘(3) recommendations for policy changes within the Department and legislative changes to provide the National Energy
Technology Laboratory with the necessary tools and resources
to advance the research mission of the National Energy Technology Laboratory.’’.

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Deadline.

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134 STAT. 2546

PUBLIC LAW 116–260—DEC. 27, 2020

(b) TECHNICAL AMENDMENT.—The table of contents for the
Energy Policy Act of 2005 (Public Law 109–58; 119 Stat. 600)
is further amended by adding at the end of the items relating
to subtitle F of title IX the following:
‘‘Sec. 969C. National energy technology laboratory reforms.’’.
SEC. 4007. STUDY ON BLUE HYDROGEN TECHNOLOGY.

(a) STUDY.—The Secretary of Energy shall conduct a study
to examine opportunities for research and development in integrating blue hydrogen technology in the industrial power sector
and how that could enhance the deployment and adoption of carbon
capture and storage.
(b) REPORT.—Not later than 1 year after the date of enactment
of this Act, the Secretary of Energy shall submit to the Committee
on Energy and Natural Resources of the Senate and the Committee
on Science, Space, and Technology of the House of Representatives
a report that describes the results of the study under subsection
(a).
42 USC 10310.

SEC. 4008. PRODUCED WATER RESEARCH AND DEVELOPMENT.

(a) ESTABLISHMENT.—As soon as possible after the date of enactment of this Act, the Secretary of Energy (in this section referred
to as the ‘‘Secretary’’) shall establish a research and development
program on produced water to develop—
(1) new technologies and practices to reduce the environmental impact; and
(2) opportunities for reprocessing of produced water at natural gas or oil development sites.
(b) PRIORITIZATION.—In carrying out the program established
under subsection (a), the Secretary shall give priority to projects
that develop and bring to market—
(1) effective systems for on-site management or repurposing
of produced water; and
(2) new technologies or approaches to reduce the environmental impact of produced water on local water sources and
the environment.
(c) CONDUCT OF PROGRAM.—In carrying out the program established under subsection (a), the Secretary shall carry out sciencebased research and development activities to pursue—
(1) improved efficiency, technologies, and techniques for
produced water recycling stations; and
(2) alternative approaches to treating, reusing, storing, or
decontaminating produced water.
(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section $10,000,000 for each
of fiscal years 2021 through 2025.

TITLE V—CARBON REMOVAL

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SEC. 5001. CARBON REMOVAL.

(a) IN GENERAL.—Subtitle F of title IX of the Energy Policy
Act of 2005 (42 U.S.C. 16291 et seq.) is further amended by adding
at the end the following:

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VerDate Sep 11 2014

134 STAT. 2547

‘‘SEC. 969D. CARBON REMOVAL.

42 USC 16298d.

‘‘(a) ESTABLISHMENT.—The Secretary, in coordination with the
heads of appropriate Federal agencies, including the Secretary of
Agriculture, shall establish a research, development, and demonstration program (referred to in this section as the ‘program’)
to test, validate, or improve technologies and strategies to remove
carbon dioxide from the atmosphere on a large scale.
‘‘(b) INTRAAGENCY COORDINATION.—The Secretary shall ensure
that the program includes the coordinated participation of the Office
of Fossil Energy, the Office of Science, and the Office of Energy
Efficiency and Renewable Energy.
‘‘(c) PROGRAM ACTIVITIES.—The program may include research,
development, and demonstration activities relating to—
‘‘(1) direct air capture and storage technologies;
‘‘(2) bioenergy with carbon capture and sequestration;
‘‘(3) enhanced geological weathering;
‘‘(4) agricultural practices;
‘‘(5) forest management and afforestation; and
‘‘(6) planned or managed carbon sinks, including natural
and artificial.
‘‘(d) REQUIREMENTS.—In developing and identifying carbon
removal technologies and strategies under the program, the Secretary shall consider—
‘‘(1) land use changes, including impacts on natural and
managed ecosystems;
‘‘(2) ocean acidification;
‘‘(3) net greenhouse gas emissions;
‘‘(4) commercial viability;
‘‘(5) potential for near-term impact;
‘‘(6) potential for carbon reductions on a gigaton scale;
and
‘‘(7) economic cobenefits.
‘‘(e) AIR CAPTURE PRIZE COMPETITIONS.—
‘‘(1) DEFINITIONS.—In this subsection:
‘‘(A) DILUTE MEDIA.—The term ‘dilute media’ means
media in which the concentration of carbon dioxide is less
than 1 percent by volume.
‘‘(B) PRIZE COMPETITION.—The term ‘prize competition’
means the competitive technology prize competition established under paragraph (2).
‘‘(C) QUALIFIED CARBON DIOXIDE.—
‘‘(i) IN GENERAL.—The term ‘qualified carbon
dioxide’ means any carbon dioxide that—
‘‘(I) is captured directly from the ambient air;
and
‘‘(II) is measured at the source of capture and
verified at the point of disposal, injection, or utilization.
‘‘(ii) INCLUSION.—The term ‘qualified carbon
dioxide’ includes the initial deposit of captured carbon
dioxide used as a tertiary injectant.
‘‘(iii) EXCLUSION.—The term ‘qualified carbon
dioxide’ does not include carbon dioxide that is recaptured, recycled, and reinjected as part of the enhanced
oil and natural gas recovery process.
‘‘(D) QUALIFIED DIRECT AIR CAPTURE FACILITY.—

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134 STAT. 2548

‘‘(i) IN GENERAL.—The term ‘qualified direct air
capture facility’ means any facility that—
‘‘(I) uses carbon capture equipment to capture
carbon dioxide directly from the ambient air; and
‘‘(II) captures more than 50,000 metric tons
of qualified carbon dioxide annually.
‘‘(ii) EXCLUSION.—The term ‘qualified direct air
capture facility’ does not include any facility that captures carbon dioxide—
‘‘(I) that is deliberately released from naturally
occurring subsurface springs; or
‘‘(II) using natural photosynthesis.
‘‘(2) ESTABLISHMENT.—Not later than 2 years after the
date of enactment of the Energy Act of 2020, the Secretary,
in consultation with the Administrator of the Environmental
Protection Agency, shall establish as part of the program a
competitive technology prize competition to award prizes for—
‘‘(A) precommercial carbon dioxide capture from dilute
media; and
‘‘(B) commercial applications of direct air capture technologies.
‘‘(3) REQUIREMENTS.—In carrying out this subsection, the
Secretary, in accordance with section 24 of the StevensonWydler Technology Innovation Act of 1980 (15 U.S.C. 3719),
shall develop requirements for—
‘‘(A) the prize competition process; and
‘‘(B) monitoring and verification procedures for projects
selected to receive a prize under the prize competition.
‘‘(4) ELIGIBLE PROJECTS.—
‘‘(A) PRECOMMERCIAL AIR CAPTURE PROJECTS.—With
respect to projects described in paragraph (2)(A), to be
eligible to be awarded a prize under the prize competition,
a project shall—
‘‘(i) meet minimum performance standards set by
the Secretary;
‘‘(ii) meet minimum levels set by the Secretary
for the capture of carbon dioxide from dilute media;
and
‘‘(iii) demonstrate in the application of the project
for a prize—
‘‘(I) a design for a promising carbon capture
technology that will—
‘‘(aa) be operated on a demonstration
scale; and
‘‘(bb) have the potential to achieve significant reduction in the level of carbon dioxide
in the atmosphere;
‘‘(II) a successful bench-scale demonstration
of a carbon capture technology; or
‘‘(III) an operational carbon capture technology
on a commercial scale.
‘‘(B) COMMERCIAL DIRECT AIR CAPTURE PROJECTS.—
‘‘(i) IN GENERAL.—With respect to projects
described in paragraph (2)(B), the Secretary shall
award prizes under the prize competition to qualified
direct air capture facilities for metric tons of qualified

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134 STAT. 2549

carbon dioxide captured and verified at the point of
disposal, injection, or utilization.
‘‘(ii) AMOUNT OF AWARD.—The amount of the award
per metric ton under clause (i)—
‘‘(I) shall be equal for each qualified direct
air capture facility selected for a prize under the
prize competition; and
‘‘(II) shall be determined by the Secretary and
in any case shall not exceed—
‘‘(aa) $180 for qualified carbon dioxide captured and stored in saline storage formations;
‘‘(bb) a lesser amount, as determined by
the Secretary, for qualified carbon dioxide captured and stored in conjunction with enhanced
oil recovery operations; or
‘‘(cc) a lesser amount, as determined by
the Secretary, for qualified carbon dioxide captured and utilized in any activity consistent
with section 45Q(f)(5) of the Internal Revenue
Code of 1986.
‘‘(iii) REQUIREMENT.—The Secretary shall make
awards under this subparagraph until appropriated
funds are expended.
‘‘(f) DIRECT AIR CAPTURE TEST CENTER.—
‘‘(1) IN GENERAL.—Not later than 2 years after the date
of enactment of the Energy Act of 2020, the Secretary shall
award grants to 1 or more entities for the operation of 1
or more test centers (referred to in this subsection as a ‘Center’)
to provide distinct testing capabilities for innovative direct air
capture and storage technologies.
‘‘(2) PURPOSE.—Each Center shall—
‘‘(A) advance research, development, demonstration,
and commercial application of direct air capture and storage technologies;
‘‘(B) support large-scale pilot and demonstration
projects and test direct air capture and storage technologies; and
‘‘(C) develop front-end engineering design and economic
analysis.
‘‘(3) SELECTION.—
‘‘(A) IN GENERAL.—The Secretary shall select entities
to receive grants under this subsection according to such
criteria as the Secretary may develop.
‘‘(B) COMPETITIVE BASIS.—The Secretary shall select
entities to receive grants under this subsection on a
competitive basis.
‘‘(C) PRIORITY CRITERIA.—In selecting entities to receive
grants under this subsection, the Secretary shall prioritize
consideration of applicants that—
‘‘(i) have access to existing or planned research
facilities for direct air capture and storage technologies;
‘‘(ii) are institutions of higher education with established expertise in engineering for direct air capture
and storage technologies, or partnerships with such
institutions of higher education; or

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134 STAT. 2550

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PUBLIC LAW 116–260—DEC. 27, 2020

‘‘(iii) have access to existing research and test
facilities for bulk materials design and testing, component design and testing, or professional engineering
design.
‘‘(4) FORMULA FOR AWARDING GRANTS.—The Secretary may
develop a formula for awarding grants under this subsection.
‘‘(5) SCHEDULE.—
‘‘(A) IN GENERAL.—Each grant awarded under this subsection shall be for a term of not more than 5 years,
subject to the availability of appropriations.
‘‘(B) RENEWAL.—The Secretary may renew a grant for
1 or more additional 5-year terms, subject to a competitive
merit review and the availability of appropriations.
‘‘(6) TERMINATION.—To the extent otherwise authorized by
law, the Secretary may eliminate, and terminate grant funding
under this subsection for, a Center during any 5-year term
described in paragraph (5) if the Secretary determines that
the Center is underperforming.
‘‘(g) PILOT AND DEMONSTRATION PROJECTS.—In supporting the
technology development activities under this section, the Secretary
is encouraged to support carbon removal pilot and demonstration
projects, including—
‘‘(1) pilot projects that test direct air capture systems
capable of capturing 10 to 100 tonnes of carbon oxides per
year to provide data for demonstration-scale projects; and
‘‘(2) direct air capture demonstration projects capable of
capturing greater than 1,000 tonnes of carbon oxides per year.
‘‘(h) INTRAAGENCY COLLABORATION.—In carrying out the program, the Secretary shall encourage and promote collaborations
among relevant offices and agencies within the Department.
‘‘(i) ACCOUNTING.—The Secretary shall collaborate with the
Administrator of the Environmental Protection Agency and the
heads of other relevant Federal agencies to develop and improve
accounting frameworks and tools to accurately measure carbon
removal and sequestration methods and technologies.
‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Secretary to carry out this section—
‘‘(1) $175,000,000 for fiscal year 2021, of which—
‘‘(A) $15,000,000 shall be used to carry out subsection
(e)(2)(A), to remain available until expended; and
‘‘(B) $100,000,000 shall be used to carry out subsection
(e)(2)(B), to remain available until expended;
‘‘(2) $63,500,000 for fiscal year 2022;
‘‘(3) $66,150,000 for fiscal year 2023;
‘‘(4) $69,458,000 for fiscal year 2024; and
‘‘(5) $72,930,000 for fiscal year 2025.’’.
(b) TECHNICAL AMENDMENT.—The table of contents for the
Energy Policy Act of 2005 (Public Law 109–58; 119 Stat. 600)
is further amended by adding at the end of the items relating
to subtitle F of title IX the following:
‘‘Sec. 969D. Carbon removal.’’.

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42 USC 16298e.

SEC. 5002. CARBON DIOXIDE REMOVAL TASK FORCE AND REPORT.

(a) DEFINITION OF CARBON DIOXIDE REMOVAL.—In this section,
the term ‘‘carbon dioxide removal’’ means the capture of carbon

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2551

dioxide directly from ambient air or, in dissolved form, from seawater, combined with the sequestration of that carbon dioxide,
including through—
(1) direct air capture and sequestration;
(2) enhanced carbon mineralization;
(3) bioenergy with carbon capture and sequestration;
(4) forest restoration;
(5) soil carbon management; and
(6) direct ocean capture.
(b) REPORT.—Not later than 180 days after the date of enactment of this Act, the Secretary of Energy (in this section referred
to as the ‘‘Secretary’’), in consultation with the heads of any other
relevant Federal agencies, shall prepare a report that—
(1) estimates the magnitude of excess carbon dioxide in
the atmosphere that will need to be removed by 2050 to achieve
net-zero emissions and stabilize the climate;
(2) inventories current and emerging approaches of carbon
dioxide removal and evaluates the advantages and disadvantages of each of the approaches; and
(3) identifies recommendations for legislation, funding,
rules, revisions to rules, financing mechanisms, or other policy
tools that the Federal Government can use to sufficiently
advance the deployment of carbon dioxide removal projects
in order to meet, in the aggregate, the magnitude of needed
removals estimated under paragraph (1), including policy tools,
such as—
(A) grants;
(B) loans or loan guarantees;
(C) public-private partnerships;
(D) direct procurement;
(E) incentives, including subsidized Federal financing
mechanisms available to project developers;
(F) advance market commitments;
(G) regulations; and
(H) any other policy mechanism determined by the
Secretary to be beneficial for advancing carbon dioxide
removal methods and the deployment of carbon dioxide
removal projects.
(c) SUBMISSION; PUBLICATION.—The Secretary shall—
(1) submit the report prepared under subsection (b) to
the Committee on Energy and Natural Resources of the Senate
and the Committees on Energy and Commerce and Science,
Space, and Technology of the House of Representatives; and
(2) as soon as practicable after completion of the report,
make the report publicly available.
(d) EVALUATION; REVISION.—
(1) IN GENERAL.—Not later than 2 years after the date
on which the Secretary publishes the report under subsection
(c)(2), and every 2 years thereafter, the Secretary shall evaluate
the findings and recommendations of the report, or the most
recent updated report submitted under paragraph (2)(B), as
applicable, taking into consideration any issues and recommendations identified by the task force established under
subsection (e)(1).
(2) REVISION.—After completing each evaluation under
paragraph (1), the Secretary shall—
(A) revise the report as necessary; and

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Inventory.

Recommendations.

Public
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134 STAT. 2552

PUBLIC LAW 116–260—DEC. 27, 2020
(B) if the Secretary revises the report under subparagraph (A), submit and publish the updated report in accordance with subsection (c).
(e) TASK FORCE.—
(1) ESTABLISHMENT AND DUTIES.—Not later than 60 days
after the date of enactment of this Act, the Secretary shall
establish a task force—
(A) to identify barriers to advancement of carbon
dioxide removal methods and the deployment of carbon
dioxide removal projects;
(B) to inventory existing or potential Federal legislation, rules, revisions to rules, financing mechanisms, or
other policy tools that are capable of advancing carbon
dioxide removal methods and the deployment of carbon
dioxide removal projects;
(C) to assist in preparing the report described in subsection (b) and any updates to the report under subsection
(d); and
(D) to advise the Secretary on matters pertaining to
carbon dioxide removal.
(2) MEMBERS AND SELECTION.—The Secretary shall—
(A) develop criteria for the selection of members to
the task force established under paragraph (1); and
(B) select members for the task force in accordance
with the criteria developed under subparagraph (A).
(3) MEETINGS.—The task force shall meet not less frequently than once each year.
(4) EVALUATION.—Not later than 7 years after the date
of enactment of this Act, the Secretary shall—
(A) reevaluate the need for the task force established
under paragraph (1); and
(B) submit to Congress a recommendation as to
whether the task force should continue.

Deadline.

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Recommendation.

TITLE VI—INDUSTRIAL AND
MANUFACTURING TECHNOLOGIES
42 USC 17113
note.

SEC. 6001. PURPOSE.

The purpose of this title and the amendments made by this
title is to encourage the development and evaluation of innovative
technologies aimed at increasing—
(1) the technological and economic competitiveness of
industry and manufacturing in the United States; and
(2) the emissions reduction of nonpower industrial sectors.

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SEC. 6002. COORDINATION OF RESEARCH AND DEVELOPMENT OF
ENERGY EFFICIENT TECHNOLOGIES FOR INDUSTRY.

Section 6(a) of the American Energy Manufacturing Technical
Corrections Act (42 U.S.C. 6351(a)) is amended—
(1) by striking ‘‘Industrial Technologies Program’’ each
place it appears and inserting ‘‘Advanced Manufacturing
Office’’; and
(2) in the matter preceding paragraph (1), by striking
‘‘Office of Energy’’ and all that follows through ‘‘Office of
Science’’ and inserting ‘‘Department of Energy’’.

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PUBLIC LAW 116–260—DEC. 27, 2020
SEC.

6003.

INDUSTRIAL EMISSIONS
DEVELOPMENT PROGRAM.

REDUCTION

134 STAT. 2553

TECHNOLOGY

(a) IN GENERAL.—Subtitle D of title IV of the Energy Independence and Security Act of 2007 is amended by adding at the end
the following:

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‘‘SEC.

454.

INDUSTRIAL EMISSIONS
DEVELOPMENT PROGRAM.

REDUCTION

TECHNOLOGY

‘‘(a) DEFINITIONS.—In this section:
‘‘(1) DIRECTOR.—The term ‘Director’ means the Director
of the Office of Science and Technology Policy.
‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible entity’ means—
‘‘(A) a scientist or other individual with knowledge
and expertise in emissions reduction;
‘‘(B) an institution of higher education;
‘‘(C) a nongovernmental organization;
‘‘(D) a National Laboratory;
‘‘(E) a private entity; and
‘‘(F) a partnership or consortium of 2 or more entities
described in subparagraphs (B) through (E).
‘‘(3) EMISSIONS REDUCTION.—
‘‘(A) IN GENERAL.—The term ‘emissions reduction’
means the reduction, to the maximum extent practicable,
of net nonwater greenhouse gas emissions to the
atmosphere by energy services and industrial processes.
‘‘(B) EXCLUSION.—The term ‘emissions reduction’ does
not include the elimination of carbon embodied in the principal products of industrial manufacturing.
‘‘(4) PROGRAM.—The term ‘program’ means the program
established under subsection (b)(1).
‘‘(5) CRITICAL MATERIAL OR MINERAL.—The term ‘critical
material or mineral’ means a material or mineral that serves
an essential function in the manufacturing of a product and
has a high risk of a supply disruption, such that a shortage
of such a material or mineral would have significant consequences for United States economic or national security.
‘‘(b) INDUSTRIAL EMISSIONS REDUCTION TECHNOLOGY DEVELOPMENT PROGRAM.—
‘‘(1) IN GENERAL.—Not later than 1 year after the date
of enactment of the Energy Act of 2020, the Secretary, in
consultation with the Director, the heads of relevant Federal
agencies, National Laboratories, industry, and institutions of
higher education, shall establish a crosscutting industrial emissions reduction technology development program of research,
development, demonstration, and commercial application to
advance innovative technologies that—
‘‘(A) increase the technological and economic competitiveness of industry and manufacturing in the United
States;
‘‘(B) increase the viability and competitiveness of
United States industrial technology exports; and
‘‘(C) achieve emissions reduction in nonpower industrial sectors.
‘‘(2) COORDINATION.—In carrying out the program, the Secretary shall—
‘‘(A) coordinate with each relevant office in the Department and any other Federal agency;

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PUBLIC LAW 116–260—DEC. 27, 2020
‘‘(B) coordinate and collaborate with the Industrial
Technology Innovation Advisory Committee established
under section 456; and
‘‘(C) coordinate and seek to avoid duplication with the
energy-intensive industries program established under section 452.
‘‘(3) LEVERAGE OF EXISTING RESOURCES.—In carrying out
the program, the Secretary shall leverage, to the maximum
extent practicable—
‘‘(A) existing resources and programs of the Department and other relevant Federal agencies; and
‘‘(B) public-private partnerships.
‘‘(c) FOCUS AREAS.—The program shall focus on—
‘‘(1) industrial production processes, including technologies
and processes that—
‘‘(A) achieve emissions reduction in high emissions
industrial materials production processes, including production processes for iron, steel, steel mill products, aluminum,
cement, concrete, glass, pulp, paper, and industrial
ceramics;
‘‘(B) achieve emissions reduction in medium- and hightemperature heat generation, including—
‘‘(i) through electrification of heating processes;
‘‘(ii) through renewable heat generation technology;
‘‘(iii) through combined heat and power; and
‘‘(iv) by switching to alternative fuels, including
hydrogen and nuclear energy;
‘‘(C) achieve emissions reduction in chemical production
processes, including by incorporating, if appropriate and
practicable, principles, practices, and methodologies of
sustainable chemistry and engineering;
‘‘(D) leverage smart manufacturing technologies and
principles, digital manufacturing technologies, and
advanced data analytics to develop advanced technologies
and practices in information, automation, monitoring, computation, sensing, modeling, and networking to—
‘‘(i) model and simulate manufacturing production
lines;
‘‘(ii) monitor and communicate production line
status;
‘‘(iii) manage and optimize energy productivity and
cost throughout production; and
‘‘(iv) model, simulate, and optimize the energy efficiency of manufacturing processes;
‘‘(E) leverage the principles of sustainable manufacturing to minimize the potential negative environmental
impacts of manufacturing while conserving energy and
resources, including—
‘‘(i) by designing products that enable reuse,
refurbishment, remanufacturing, and recycling;
‘‘(ii) by minimizing waste from industrial processes,
including through the reuse of waste as other resources
in other industrial processes for mutual benefit; and
‘‘(iii) by increasing resource efficiency; and
‘‘(F) increase the energy efficiency of industrial processes;

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‘‘(2) alternative materials that produce fewer emissions
during production and result in fewer emissions during use,
including—
‘‘(A) high-performance lightweight materials; and
‘‘(B) substitutions for critical materials and minerals;
‘‘(3) development of net-zero emissions liquid and gaseous
fuels;
‘‘(4) emissions reduction in shipping, aviation, and long
distance transportation;
‘‘(5) carbon capture technologies for industrial processes;
‘‘(6) other technologies that achieve net-zero emissions in
nonpower industrial sectors, as determined by the Secretary,
in consultation with the Director; and
‘‘(7) high-performance computing to develop advanced materials and manufacturing processes contributing to the focus
areas described in paragraphs (1) through (6), including—
‘‘(A) modeling, simulation, and optimization of the
design of energy efficient and sustainable products; and
‘‘(B) the use of digital prototyping and additive manufacturing to enhance product design.
‘‘(8) incorporation of sustainable chemistry and engineering
principles, practices, and methodologies, as the Secretary determines appropriate; and
‘‘(9) other research or technology areas identified in the
Strategic Plan authorized in section 455.
‘‘(d) GRANTS, CONTRACTS, COOPERATIVE AGREEMENTS, AND DEMONSTRATION PROJECTS.—
‘‘(1) GRANTS.—In carrying out the program, the Secretary
shall award grants on a competitive basis to eligible entities
for projects that the Secretary determines would best achieve
the goals of the program.
‘‘(2) CONTRACTS AND COOPERATIVE AGREEMENTS.—In carrying out the program, the Secretary may enter into contracts
and cooperative agreements with eligible entities and Federal
agencies for projects that the Secretary determines would further the purposes of the program.
‘‘(3) DEMONSTRATION PROJECTS.—In supporting technologies developed under this section, the Secretary shall fund
demonstration projects that test and validate technologies
described in subsection (c).
‘‘(4) APPLICATION.—An entity seeking funding or a contract
or agreement under this subsection shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.
‘‘(5) COST SHARING.—In awarding funds under this section,
the Secretary shall require cost sharing in accordance with
section 988 of the Energy Policy Act of 2005 (42 U.S.C. 16352).
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Secretary to carry out the demonstration
projects authorized in subsection (d)(3)—
‘‘(1) $20,000,000 for fiscal year 2021;
‘‘(2) $80,000,000 for fiscal year 2022;
‘‘(3) $100,000,000 for fiscal year 2023;
‘‘(4) $150,000,000 for fiscal year 2024; and
‘‘(5) $150,000,000 for fiscal year 2025.
‘‘(f) COORDINATION.—The Secretary shall carry out the activities
authorized in this section in accordance with section 203 of the

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PUBLIC LAW 116–260—DEC. 27, 2020

Department of Energy Research and Innovation Act (42 U.S.C.
18631).’’.
(b) TECHNICAL AMENDMENT.—The table of contents of the
Energy Independence and Security Act of 2007 (Public Law 110–
140; 121 Stat. 1494) is amended by inserting after the item relating
to section 453 the following:
‘‘Sec. 454. Industrial emissions reduction technology development program.’’.
SEC. 6004. INDUSTRIAL TECHNOLOGY INNOVATION ADVISORY COMMITTEE.

(a) IN GENERAL.—Subtitle D of title IV of the Energy Independence and Security Act of 2007, as amended by section 6003, is
amended by adding at the end the following:
42 USC 17114.

Deadline.
Consultation.

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Consultation.

Coordination.
Determination.

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‘‘SEC. 455. INDUSTRIAL TECHNOLOGY INNOVATION ADVISORY COMMITTEE.

‘‘(a) DEFINITIONS.—In this section:
‘‘(1) COMMITTEE.—The term ‘Committee’ means the Industrial Technology Innovation Advisory Committee established
under subsection (b).
‘‘(2) DIRECTOR.—The term ‘Director’ means the Director
of the Office of Science and Technology Policy.
‘‘(3) EMISSIONS REDUCTION.—The term ‘emissions reduction’
has the meaning given the term in section 454(a).
‘‘(4) PROGRAM.—The term ‘program’ means the industrial
emissions reduction technology development program established under section 454(b)(1).
‘‘(b) ESTABLISHMENT.—Not later than 180 days after the date
of enactment of the Energy Act of 2020, the Secretary, in consultation with the Director, shall establish an advisory committee, to
be known as the ‘Industrial Technology Innovation Advisory Committee’.
‘‘(c) MEMBERSHIP.—
‘‘(1) APPOINTMENT.—The Committee shall be comprised of
not fewer than 16 members and not more than 20 members,
who shall be appointed by the Secretary, in consultation with
the Director.
‘‘(2) REPRESENTATION.—Members appointed pursuant to
paragraph (1) shall include—
‘‘(A) not less than 1 representative of each relevant
Federal agency, as determined by the Secretary;
‘‘(B) the Chair of the Secretary of Energy Advisory
Board, if that position is filled;
‘‘(C) not less than 2 representatives of labor groups;
‘‘(D) not less than 3 representatives of the research
community, which shall include academia and National
Laboratories;
‘‘(E) not less than 2 representatives of nongovernmental organizations;
‘‘(F) not less than 6 representatives of small- and largescale industry, the collective expertise of which shall cover
every focus area described in section 454(c); and
‘‘(F) not less than 1 representative of a State government; and
‘‘(G) any other individuals the Secretary, in coordination with the Director, determines to be necessary to ensure

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134 STAT. 2557

that the Committee is comprised of a diverse group of
representatives of industry, academia, independent
researchers, and public and private entities.
‘‘(3) CHAIR.—The Secretary shall designate a member of
the Committee to serve as Chair.
‘‘(d) DUTIES.—
‘‘(1) IN GENERAL.—The Committee shall—
‘‘(A) in consultation with the Secretary and the
Director, propose missions and goals for the program, which
shall be consistent with the purposes of the program
described in section 454(b)(1); and
‘‘(B) advise the Secretary with respect to the program—
‘‘(i) by identifying and evaluating any technologies
being developed by the private sector relating to the
focus areas described in section 454(c);
‘‘(ii) by identifying technology gaps in the private
sector or other Federal agencies in those focus areas,
and making recommendations to address those gaps;
‘‘(iii) by surveying and analyzing factors that prevent the adoption of emissions reduction technologies
by the private sector; and
‘‘(iv) by recommending technology screening criteria for technology developed under the program to
encourage adoption of the technology by the private
sector; and
‘‘(C) develop the strategic plan described in paragraph
(2).
‘‘(2) STRATEGIC PLAN.—
‘‘(A) PURPOSE.—The purpose of the strategic plan developed under paragraph (1)(C) is to set forth a plan for
achieving the goals of the program established in section
454(b)(1), including for the focus areas described in section
454(c).
‘‘(B) CONTENTS.—The strategic plan developed under
paragraph (1)(C) shall—
‘‘(i) specify near-term and long-term qualitative
and quantitative objectives relating to each focus area
described in section 454(c), including research, development, demonstration, and commercial application
objectives;
‘‘(ii) leverage existing roadmaps relevant to the
program in section 454(b)(1) and the focus areas in
section 454(c);
‘‘(iii) specify the anticipated timeframe for
achieving the objectives specified under clause (i);
‘‘(iv) include plans for developing emissions reduction technologies that are globally cost-competitive,
including, as applicable, in developing economies;
‘‘(v) identify the appropriate role for investment
by the Federal Government, in coordination with the
private sector, to achieve the objectives specified under
clause (i);
‘‘(vi) identify the public and private costs of
achieving the objectives specified under clause (i); and
‘‘(vii) estimate the economic and employment
impact in the United States of achieving those objectives.

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134 STAT. 2558

Deadline.

Time period.

Recommendations.
Evaluation.

Recommendation.

Review.
Assessment.

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Assessment.

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PUBLIC LAW 116–260—DEC. 27, 2020

‘‘(e) MEETINGS.—
‘‘(1) FREQUENCY.—The Committee shall meet not less frequently than 2 times per year, at the call of the Chair.
‘‘(2) INITIAL MEETING.—Not later than 30 days after the
date on which the members are appointed under subsection
(b), the Committee shall hold its first meeting.
‘‘(f) COMMITTEE REPORT.—
‘‘(1) IN GENERAL.—Not later than 2 years after the date
of enactment of the Energy Act of 2020, and not less frequently
than once every 3 years thereafter, the Committee shall submit
to the Secretary a report on the progress of achieving the
purposes of the program.
‘‘(2) CONTENTS.—The report under paragraph (1) shall
include—
‘‘(A) a description of any technology innovation
opportunities identified by the Committee;
‘‘(B) a description of any technology gaps identified
by the Committee under subsection (d)(1)(B)(ii);
‘‘(C) recommendations for improving technology
screening criteria and management of the program;
‘‘(D) an evaluation of the progress of the program and
the research, development, and demonstration activities
funded under the program;
‘‘(E) any recommended changes to the focus areas of
the program described in section 454(c);
‘‘(F) a description of the manner in which the Committee has carried out the duties described in subsection
(d)(1) and any relevant findings as a result of carrying
out those duties;
‘‘(G) if necessary, an update to the strategic plan developed by the Committee under subsection (d)(1)(C);
‘‘(H) the progress made in achieving the goals set out
in that strategic plan;
‘‘(I) a review of the management, coordination, and
industry utility of the program;
‘‘(J) an assessment of the extent to which progress
has been made under the program in developing commercial, cost-competitive technologies in each focus area
described in section 454(c); and
‘‘(K) an assessment of the effectiveness of the program
in coordinating efforts within the Department and with
other Federal agencies to achieve the purposes of the program.
‘‘(g) REPORT TO CONGRESS.—Not later than 60 days after
receiving a report from the Committee under subsection (f), the
Secretary shall submit a copy of that report to the Committees
on Appropriations and Science, Space, and Technology of the House
of Representatives, the Committees on Appropriations and Energy
and Natural Resources of the Senate, and any other relevant Committee of Congress.
‘‘(h) APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.—
Except as otherwise provided in this section, the Federal Advisory
Committee Act (5 U.S.C. App.) shall apply to the Committee.’’.
(b) TECHNICAL AMENDMENT.—The table of contents of the
Energy Independence and Security Act of 2007 (Public Law 110–

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134 STAT. 2559

140; 121 Stat. 1494) (as amended by section 6003(b)) is amended
by inserting after the item relating to section 454 the following:
‘‘Sec. 455. Industrial Technology Innovation Advisory Committee.’’.
SEC. 6005. TECHNICAL ASSISTANCE PROGRAM TO IMPLEMENT INDUSTRIAL EMISSIONS REDUCTION.

(a) IN GENERAL.—Subtitle D of title IV of the Energy Independence and Security Act of 2007, as amended by section 6004, is
amended by adding at the end the following:

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‘‘SEC. 456. TECHNICAL ASSISTANCE PROGRAM TO IMPLEMENT INDUSTRIAL EMISSIONS REDUCTION.

‘‘(a) DEFINITIONS.—In this section:
‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible entity’ means—
‘‘(A) a State;
‘‘(B) a unit of local government;
‘‘(C) a territory or possession of the United States;
‘‘(D) a relevant State or local office, including an energy
office;
‘‘(E) a tribal organization (as defined in section 3765
of title 38, United States Code);
‘‘(F) an institution of higher education; and
‘‘(G) a private entity; and
‘‘(H) a trade association or technical society.
‘‘(2) EMISSIONS REDUCTION.—The term ‘emissions reduction’
has the meaning given the term in section 454(a).
‘‘(3) PROGRAM.—The term ‘program’ means the program
established under subsection (b).
‘‘(b) ESTABLISHMENT.—Not later than 1 year after the date
of enactment of the Energy Act of 2020, the Secretary shall establish
a program to provide technical assistance to eligible entities to
promote the commercial application of emission reduction technologies developed through the program established in section
454(b).
‘‘(c) APPLICATIONS.—
‘‘(1) IN GENERAL.—An eligible entity desiring technical
assistance under the program shall submit to the Secretary
an application at such time, in such manner, and containing
such information as the Secretary may require.
‘‘(2) APPLICATION PROCESS.—The Secretary shall seek
applications for technical assistance under the program on a
periodic basis, but not less frequently than once every 12
months.
‘‘(3) FACTORS FOR CONSIDERATION.—In selecting eligible
entities for technical assistance under the program, the Secretary shall, to the maximum extent practicable—
‘‘(A) give priority to—
‘‘(i) activities carried out with technical assistance
under the program that have the greatest potential
for achieving emissions reduction in nonpower industrial sectors;
‘‘(ii) activities carried out in a State in which there
are active or inactive industrial facilities that may
be used or retrofitted to carry out activities under
the focus areas described in section 454(c); and

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42 USC 17115.

Deadline.

Time period.

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PUBLIC LAW 116–260—DEC. 27, 2020

‘‘(iii) activities carried out in an economically distressed area (as described in section 301(a) of the
Public Works and Economic Development Act of 1965
(42 U.S.C. 3161(a))); and
‘‘(B) ensure that—
‘‘(i) there is geographic diversity among the eligible
entities selected; and
‘‘(ii) the activities carried out with technical assistance under the program reflect a majority of the focus
areas described in section 454(c).’’.
(b) TECHNICAL AMENDMENT.—The table of contents of the
Energy Independence and Security Act of 2007 (Public Law 110–
140; 121 Stat. 1494) (as amended by section 6004(b)) is amended
by inserting after the item relating to section 455 the following:
‘‘Sec. 456. Technical assistance program to implement industrial emissions reduction.’’.
42 USC 17115a.

SEC. 6006. DEVELOPMENT OF NATIONAL SMART MANUFACTURING
PLAN.

Deadline.
Consultation.

(a) IN GENERAL.—Not later than 3 years after the date of
enactment of this Act, the Secretary of Energy (in this section
referred to as the ‘‘Secretary’’), in consultation with the National
Academies, shall develop and complete a national plan for smart
manufacturing technology development and deployment to improve
the productivity and energy efficiency of the manufacturing sector
of the United States.
(b) CONTENT.—
(1) IN GENERAL.—The plan developed under subsection (a)
shall identify areas in which agency actions by the Secretary
and other heads of relevant Federal agencies would—
(A) facilitate quicker development, deployment, and
adoption of smart manufacturing technologies and processes;
(B) result in greater energy efficiency and lower
environmental impacts for all American manufacturers;
and
(C) enhance competitiveness and strengthen the manufacturing sectors of the United States.
(2) INCLUSIONS.—Agency actions identified under paragraph (1) shall include—
(A) an assessment of previous and current actions of
the Department relating to smart manufacturing;
(B) the establishment of voluntary interconnection
protocols and performance standards;
(C) the use of smart manufacturing to improve energy
efficiency and reduce emissions in supply chains across
multiple companies;
(D) actions to increase cybersecurity in smart manufacturing infrastructure;
(E) deployment of existing research results;
(F) the leveraging of existing high-performance computing infrastructure; and
(G) consideration of the impact of smart manufacturing
on existing manufacturing jobs and future manufacturing
jobs.

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Assessment.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2561

(c) BIENNIAL REVISIONS.—Not later than 2 years after the date
on which the Secretary completes the plan under subsection (a),
and not less frequently than once every 2 years thereafter, the
Secretary shall revise the plan to account for advancements in
information and communication technology and manufacturing
needs.
(d) REPORT.—Annually until the completion of the plan under
subsection (a), the Secretary shall submit to Congress a report
on the progress made in developing the plan.
(e) DEFINITION.—In this section, the term ‘‘smart manufacturing’’ means advanced technologies in information, automation,
monitoring, computation, sensing, modeling, artificial intelligence,
analytics, and networking that—
(1) digitally—
(A) simulate manufacturing production lines;
(B) operate computer-controlled manufacturing equipment;
(C) monitor and communicate production line status;
and
(D) manage and optimize energy productivity and cost
throughout production;
(2) model, simulate, and optimize the energy efficiency
of a factory building;
(3) monitor and optimize building energy performance;
(4) model, simulate, and optimize the design of energy
efficient and sustainable products, including the use of digital
prototyping and additive manufacturing to enhance product
design;
(5) connect manufactured products in networks to monitor
and optimize the performance of the networks, including automated network operations; and
(6) digitally connect the supply chain network.

Deadline.
Time period.

TITLE VII—CRITICAL MINERALS

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SEC. 7001. RARE EARTH ELEMENTS.

42 USC 13344.

(a) RESEARCH PROGRAM.—
(1) IN GENERAL.—The Secretary of Energy, acting through
the Assistant Secretary for Fossil Energy (referred to in this
section as the ‘‘Secretary’’), shall conduct a program of research
and development—
(A) to develop and assess advanced separation technologies for the extraction and recovery of rare earth elements and other critical materials from coal and coal
byproducts; and
(B) to determine if there are, and mitigate, any potential environmental or public health impacts that could arise
from the recovery of rare earth elements from coal-based
resources.
(2) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary to carry out the program described in paragraph (1)—
(A) $23,000,000 for each of fiscal years 2021 and 2022;
(B) $24,200,000 for fiscal year 2023;
(C) $25,400,000 for fiscal year 2024;
(D) $26,600,000 for fiscal year 2025; and

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134 STAT. 2562

(E) $27,800,000 for fiscal year 2026.
(b) REPORT.—Not later than 1 year after the date of enactment
of this Act, the Secretary shall submit to the Committee on Energy
and Natural Resources of the Senate and the Committees on
Science, Space, and Technology and Energy and Commerce of the
House of Representatives a report evaluating the development of
advanced separation technologies for the extraction and recovery
of rare earth elements and other critical materials from coal and
coal byproducts, including acid mine drainage from coal mines.
(c) CRITICAL MATERIAL.—In this section, the term ‘‘critical material’’ has the meaning given the term in section 7002 of this Act.

Evaluation.

Definition.
30 USC 1606.

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PUBLIC LAW 116–260—DEC. 27, 2020

SEC. 7002. MINERAL SECURITY.

(a) DEFINITIONS.—In this section:
(1) BYPRODUCT.—The term ‘‘byproduct’’ means a critical
mineral—
(A) the recovery of which depends on the production
of a host mineral that is not designated as a critical mineral; and
(B) that exists in sufficient quantities to be recovered
during processing or refining.
(2) CRITICAL MATERIAL.—The term ‘‘critical material’’
means—
(A) any non-fuel mineral, element, substance, or material that the Secretary of Energy determines—
(i) has a high risk of a supply chain disruption;
and
(ii) serves an essential function in 1 or more energy
technologies, including technologies that produce,
transmit, store, and conserve energy; or
(B) a critical mineral.
(3) CRITICAL MINERAL.—
(A) IN GENERAL.—The term ‘‘critical mineral’’ means
any mineral, element, substance, or material designated
as critical by the Secretary under subsection (c).
(B) EXCLUSIONS.—The term ‘‘critical mineral’’ does not
include—
(i) fuel minerals;
(ii) water, ice, or snow;
(iii) common varieties of sand, gravel, stone,
pumice, cinders, and clay.
(4) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ has the
meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(6) STATE.—The term ‘‘State’’ means—
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) Guam;
(E) American Samoa;
(F) the Commonwealth of the Northern Mariana
Islands; and
(G) the United States Virgin Islands.
(7) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institution of higher education’’ means—

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134 STAT. 2563

(A) an institution of higher education (as defined in
section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a))); or
(B) a postsecondary vocational institution (as defined
in section 102(c) of the Higher Education Act of 1965 (20
U.S.C. 1002(c))).
(b) POLICY.—
(1) IN GENERAL.—Section 3 of the National Materials and
Minerals Policy, Research and Development Act of 1980 (30
U.S.C. 1602) is amended—
(A) by striking paragraph (3) and inserting the following:
‘‘(3) establish an analytical and forecasting capability for
identifying critical mineral demand, supply, and other factors
to allow informed actions to be taken to avoid supply shortages,
mitigate price volatility, and prepare for demand growth and
other market shifts;’’;
(B) in paragraph (6), by striking ‘‘and’’ after the semicolon at the end; and
(C) by striking paragraph (7) and inserting the following:
‘‘(7) facilitate the availability, development, and environmentally responsible production of domestic resources to meet
national material or critical mineral needs;
‘‘(8) avoid duplication of effort, prevent unnecessary paperwork, and minimize delays in the administration of applicable
laws (including regulations) and the issuance of permits and
authorizations necessary to explore for, develop, and produce
critical minerals and to construct critical mineral manufacturing facilities in accordance with applicable environmental
and land management laws;
‘‘(9) strengthen—
‘‘(A) educational and research capabilities at not lower
than the secondary school level; and
‘‘(B) workforce training for exploration and development of critical minerals and critical mineral manufacturing;
‘‘(10) bolster international cooperation through technology
transfer, information sharing, and other means;
‘‘(11) promote the efficient production, use, and recycling
of critical minerals;
‘‘(12) develop alternatives to critical minerals; and
‘‘(13) establish contingencies for the production of, or access
to, critical minerals for which viable sources do not exist within
the United States.’’.
(2) CONFORMING AMENDMENT.—Section 2(b) of the National
Materials and Minerals Policy, Research and Development Act
of 1980 (30 U.S.C. 1601(b)) is amended by striking ‘‘(b) As
used in this Act, the term’’ and inserting the following:
‘‘(b) DEFINITIONS.—In this Act:
‘‘(1) CRITICAL MINERAL.—The term ‘critical mineral’ means
any mineral, element, substance, or material designated as
critical by the Secretary under section 7002(c) of the Energy
Act of 2020.
‘‘(2) MATERIALS.—The term’’.
(c) CRITICAL MINERAL DESIGNATIONS.—

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134 STAT. 2564
Federal Register,
publication.

Deadline.
Federal Register,
publication.

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List.
Determination.

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(1) DRAFT METHODOLOGY AND LIST.—The Secretary, acting
through the Director of the United States Geological Survey
(referred to in this subsection as the ‘‘Secretary’’), shall publish
in the Federal Register for public comment—
(A) a description of the draft methodology used to
identify a draft list of critical minerals;
(B) a draft list of minerals, elements, substances, and
materials that qualify as critical minerals; and
(C) a draft list of critical minerals recovered as
byproducts and their host minerals.
(2) AVAILABILITY OF DATA.—If available data is insufficient
to provide a quantitative basis for the methodology developed
under this subsection, qualitative evidence may be used to
the extent necessary.
(3) FINAL METHODOLOGY AND LIST.—After reviewing public
comments on the draft methodology and the draft lists published under paragraph (1) and updating the methodology and
lists as appropriate, not later than 45 days after the date
on which the public comment period with respect to the draft
methodology and draft lists closes, the Secretary shall publish
in the Federal Register—
(A) a description of the final methodology for determining which minerals, elements, substances, and materials qualify as critical minerals;
(B) the final list of critical minerals; and
(C) the final list of critical minerals recovered as
byproducts and their host minerals.
(4) DESIGNATIONS.—
(A) IN GENERAL.—For purposes of carrying out this
subsection, the Secretary shall maintain a list of minerals,
elements, substances, and materials designated as critical,
pursuant to the final methodology published under paragraph (3), that the Secretary determines—
(i) are essential to the economic or national security of the United States;
(ii) the supply chain of which is vulnerable to
disruption (including restrictions associated with foreign political risk, abrupt demand growth, military
conflict, violent unrest, anti-competitive or protectionist
behaviors, and other risks throughout the supply
chain); and
(iii) serve an essential function in the manufacturing of a product (including energy technology-,
defense-, currency-, agriculture-, consumer electronics, and health care-related applications), the absence
of which would have significant consequences for the
economic or national security of the United States.
(B) INCLUSIONS.—Notwithstanding the criteria under
paragraph (3), the Secretary may designate and include
on the list any mineral, element, substance, or material
determined by another Federal agency to be strategic and
critical to the defense or national security of the United
States.

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134 STAT. 2565

(C) REQUIRED CONSULTATION.—The Secretary shall
consult with the Secretaries of Defense, Commerce, Agriculture, and Energy and the United States Trade Representative in designating minerals, elements, substances,
and materials as critical under this paragraph.
(5) SUBSEQUENT REVIEW.—
(A) IN GENERAL.—The Secretary, in consultation with
the Secretaries of Defense, Commerce, Agriculture, and
Energy and the United States Trade Representative, shall
review the methodology and list under paragraph (3) and
the designations under paragraph (4) at least every 3 years,
or more frequently as the Secretary considers to be appropriate.
(B) REVISIONS.—Subject to paragraph (4)(A), the Secretary may—
(i) revise the methodology described in this subsection;
(ii) determine that minerals, elements, substances,
and materials previously determined to be critical minerals are no longer critical minerals; and
(iii) designate additional minerals, elements, substances, or materials as critical minerals.
(6) NOTICE.—On finalization of the methodology and the
list under paragraph (3), or any revision to the methodology
or list under paragraph (5), the Secretary shall submit to Congress written notice of the action.
(d) RESOURCE ASSESSMENT.—
(1) IN GENERAL.—Not later than 4 years after the date
of enactment of this Act, in consultation with applicable State
(including geological surveys), local, academic, industry, and
other entities, the Secretary (acting through the Director of
the United States Geological Survey) or a designee of the Secretary, shall complete a comprehensive national assessment
of each critical mineral that—
(A) identifies and quantifies known critical mineral
resources, using all available public and private information and datasets, including exploration histories; and
(B) provides a quantitative and qualitative assessment
of undiscovered critical mineral resources throughout the
United States, including probability estimates of tonnage
and grade, using all available public and private information and datasets, including exploration histories.
(2) SUPPLEMENTARY INFORMATION.—In carrying out this
subsection, the Secretary may carry out surveys and field work
(including drilling, remote sensing, geophysical surveys, topographical and geological mapping, and geochemical sampling
and analysis) to supplement existing information and datasets
available for determining the existence of critical minerals in
the United States.
(3) PUBLIC ACCESS.—Subject to applicable law, to the maximum extent practicable, the Secretary shall make all data
and metadata collected from the comprehensive national assessment carried out under paragraph (1) publically and electronically accessible.
(4) TECHNICAL ASSISTANCE.—At the request of the Governor
of a State or the head of an Indian Tribe, the Secretary may
provide technical assistance to State governments and Indian

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Tribes conducting critical mineral resource assessments on nonFederal land.
(5) PRIORITIZATION.—
(A) IN GENERAL.—The Secretary may sequence the
completion of resource assessments for each critical mineral
such that critical minerals considered to be most critical
under the methodology established under subsection (c)
are completed first.
(B) REPORTING.—During the period beginning not later
than 1 year after the date of enactment of this Act and
ending on the date of completion of all of the assessments
required under this subsection, the Secretary shall submit
to Congress on an annual basis an interim report that—
(i) identifies the sequence and schedule for completion of the assessments if the Secretary sequences the
assessments; or
(ii) describes the progress of the assessments if
the Secretary does not sequence the assessments.
(6) UPDATES.—The Secretary may periodically update the
assessments conducted under this subsection based on—
(A) the generation of new information or datasets by
the Federal Government; or
(B) the receipt of new information or datasets from
critical mineral producers, State geological surveys, academic institutions, trade associations, or other persons.
(7) ADDITIONAL SURVEYS.—The Secretary shall complete
a resource assessment for each additional mineral or element
subsequently designated as a critical mineral under subsection
(c)(5)(B) not later than 2 years after the designation of the
mineral or element.
(8) REPORT.—Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a
report describing the status of geological surveying of Federal
land for any mineral commodity—
(A) for which the United States was dependent on
a foreign country for more than 25 percent of the United
States supply, as depicted in the report issued by the
United States Geological Survey entitled ‘‘Mineral Commodity Summaries 2021’’; but
(B) that is not designated as a critical mineral under
subsection (c).
(e) REPORT OF SMALL BUSINESS ADMINISTRATION.—Not later
than 1 year and 300 days after the date of enactment of this
Act, the Administrator of the Small Business Administration shall
submit to the applicable committees of Congress a report that
assesses the performance of Federal agencies with respect to—
(1) complying with chapter 6 of title 5, United States Code
(commonly known as the ‘‘Regulatory Flexibility Act’’), in
promulgating regulations applicable to the critical minerals
industry; and
(2) performing an analysis of the efficiency of regulations
applicable to the critical minerals industry, including those
that are disproportionately burdensome to small businesses.
(f) FEDERAL REGISTER PROCESS.—

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134 STAT. 2567

(1) DEPARTMENTAL REVIEW.—Absent any extraordinary circumstance, and except as otherwise required by law, the Secretary and the Secretary of Agriculture shall ensure that each
Federal Register notice described in paragraph (2) shall be—
(A) subject to any required reviews within the Department of the Interior or the Department of Agriculture;
and
(B) published in final form in the Federal Register
not later than 45 days after the date of initial preparation
of the notice.
(2) PREPARATION.—The preparation of Federal Register
notices required by law associated with the issuance of a critical
mineral exploration or mine permit shall be delegated to the
organizational level within the agency responsible for issuing
the critical mineral exploration or mine permit.
(3) TRANSMISSION.—All Federal Register notices regarding
official document availability, announcements of meetings, or
notices of intent to undertake an action shall be originated
in, and transmitted to the Federal Register from, the office
in which, as applicable—
(A) the documents or meetings are held; or
(B) the activity is initiated.
(4) APPLICATION OF CERTAIN PROVISIONS.—
(A) IN GENERAL.—Subsection (f) shall also apply to—
(i) an exploration project in which the presence
of a byproduct is reasonably expected, based on known
mineral companionality, geologic formation, mineralogy, or other factors; and
(ii) a project that demonstrates that a byproduct
is of sufficient grade that, when combined with the
production of a host mineral, the byproduct is economic
to recover, as determined by the applicable Secretary
in accordance with subparagraph (B), and that the
byproduct will be recovered in commercial quantities.
(B) REQUIREMENT.—In making the determination
under subparagraph (A)(ii), the applicable Secretary shall
consider the cost effectiveness of the byproducts recovery.
(g) RECYCLING, INNOVATION, EFFICIENCY, AND ALTERNATIVES.—
(1) ESTABLISHMENT.—The Secretary of Energy (referred to
in this subsection as the ‘‘Secretary’’) shall conduct a program
(referred to in this subsection as the ‘‘program’’) of research,
development, demonstration, and commercialization—
(A) to develop alternatives to critical materials that
do not occur in significant abundance in the United States;
(B) to promote the efficient production, use, and
recycling of critical materials, with special consideration
for domestic critical materials, throughout the supply chain;
(C) to ensure the long-term, secure, and sustainable
supply of critical materials; and
(D) to prioritize work in areas that the private sector
by itself is not likely to undertake due to financial or
technical limitations.
(2) COOPERATION.—In carrying out the program, the Secretary shall cooperate with appropriate—
(A) Federal agencies, including the Department of the
Interior;
(B) the National Laboratories;

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PUBLIC LAW 116–260—DEC. 27, 2020
(C) critical material producers, processors, and manufacturers;
(D) trade associations;
(E) academic institutions (including students and
postdoctoral staff at institutions of higher education);
(F) small businesses;
(G) nongovernmental organizations; and
(H) other relevant entities or individuals.
(3) ENERGY INNOVATION HUB.—In carrying out the program,
the Secretary may use an Energy Innovation Hub authorized
under section 206 of the Department of Energy Research
Coordination Act (42 U.S.C. 18632).
(4) ACTIVITIES.—Under the program, the Secretary shall
carry out activities that include the identification and development of—
(A) alternative materials, particularly materials available in abundance within the United States and not subject
to potential supply restrictions, that lessen the need for
critical materials;
(B) alternative energy technologies or alternative
designs of existing energy technologies, particularly technologies or designs that use materials that—
(i) occur in abundance in the United States; and
(ii) are not subject to potential supply restrictions;
(C) technologies or process improvements that minimize the use and content, or lead to more efficient use,
of critical materials across the full supply chain;
(D) innovative technologies and practices to diversify
commercially viable and sustainable domestic sources of
critical materials, including technologies for recovery from
waste streams;
(E) technologies, process improvements, or design
optimizations that facilitate the recycling of critical materials, and options for improving the rates of collection of
products and scrap containing critical materials from postconsumer, industrial, or other waste streams;
(F) advanced critical material extraction, production,
separation, alloying, or processing technologies that
decrease the energy consumption, environmental impact,
and costs of those activities, including—
(i) efficient water and wastewater management
strategies;
(ii) technologies and management strategies to control the environmental impacts of radionuclides in ore
tailings;
(iii) technologies for separation and processing; and
(iv) technologies for increasing the recovery rates
of coproducts and byproducts from host metal ores;
(G) commercial markets, advanced storage methods,
energy applications, and other beneficial uses of critical
materials; and
(H) advanced theoretical, computational, and experimental tools necessary to support the crosscutting research
and development needs of diverse critical minerals stakeholders.
(5) PLAN.—

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134 STAT. 2569

(A) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, the Secretary shall submit to
Congress a plan to carry out the program.
(B) INCLUSIONS.—The plan under subparagraph (A)
shall include a description of—
(i) the research and development activities to be
carried out under the program during the subsequent
2 years;
(ii) the expected contributions under the program
to the creation of innovative methods and technologies
for the efficient and sustainable provision of critical
materials to the domestic economy;
(iii) the expected activities under the program to
mitigate the environmental and health impacts of the
extraction, processing, manufacturing, use, recovery,
and recycling of critical materials; and
(iv) how the program will promote the broadest
possible participation by academic, industrial, and
other contributors and the public.
(6) COORDINATION AND NONDUPLICATION.—To the maximum extent practicable, the Secretary shall ensure that the
activities carried out under this subsection are coordinated
with, and do not duplicate the efforts of, other programs within
the Federal Government, including the work underway by the
Critical Materials Institute and the National Minerals Information Center.
(7) STANDARD OF REVIEW.—Not later than 2 years after
the date of enactment of this Act, the Secretary shall conduct
a review of activities carried out under the program to determine the achievement of the technical milestones identified
under paragraph (8)(D)(i)(I).
(8) CRITICAL MATERIALS CONSORTIUM.—
(A) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, the Secretary shall establish
and operate a Critical Materials Consortium (referred to
in this paragraph as the ‘‘Consortium’’) for the purpose
of supporting the program by providing, to the maximum
extent practicable, a centralized entity for multidisciplinary, collaborative, critical materials research and
development.
(B) LEADERSHIP.—If an Energy Innovation Hub authorized under section 206 of the Department of Energy
Research Coordination Act (42 U.S.C. 18632) that is focused
on critical materials exists on the date of enactment of
this Act, the Secretary shall leverage the personnel and
expertise of the Energy Innovation Hub to manage the
Consortium for not less than 3 years following the date
on which the Consortium is established.
(C) MEMBERSHIP.—The members of the Consortium
shall be representatives from relevant Federal agencies,
the National Laboratories, the National Minerals Information Center, institutions of higher education, private sector
entities, multiinstitutional collaborations, and other appropriate entities.
(D) RESPONSIBILITIES.—The Consortium shall—
(i) develop and implement a multiyear plan that—

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(I) identifies technical goals and milestones
for the program;
(II) utilizes the high performance computing
capabilities of the Department; and
(III) leverages the expertise of the National
Laboratories and the United States Geological
Survey; and
(ii) submit an annual report to the Secretary
summarizing the activities of the Consortium,
including an evaluation of the role of the Consortium
in the achievement of the technical milestones identified under clause (i)(I).
(E) SUNSET; TERMINATION.—
(i) IN GENERAL.—The Secretary may provide support to the Consortium for a period of not more than
10 years, subject to the availability of appropriations.
(ii) MERIT REVIEW.—Not later than 5 years after
the date on which the Consortium is established, the
Secretary shall conduct a rigorous merit review to
determine whether the Consortium helped the program
achieve the technical milestones identified under
subparagraph (D)(i)(I).
(iii) TERMINATION.—If the Secretary determines
that the Consortium has not helped the program
achieve the technical milestones identified under
subparagraph (D)(i)(I), the Secretary may terminate
any financial or technical support that the Department
provides to the Consortium.
(9) REPORTS.—Not later than 2 years after the date of
enactment of this Act, and annually thereafter, the Secretary
shall submit to Congress a report summarizing the activities,
findings, and progress of the program.
(10) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to the Secretary to carry out
this subsection—
(A) $125,000,000 for fiscal year 2021;
(B) $105,000,000 for fiscal year 2022;
(C) $100,000,000 for fiscal year 2023;
(D) $135,000,000 for fiscal year 2024; and
(E) $135,000,000 for fiscal year 2025.
(h) CRITICAL MATERIALS SUPPLY CHAIN RESEARCH FACILITY.—
(1) IN GENERAL.—The Secretary of Energy (referred to in
this subsection as the ‘‘Secretary’’) shall support construction
of a Critical Materials Supply Chain Research Facility (referred
to in this subsection as the ‘‘facility’’).
(2) REQUIREMENTS.—The facility—
(A) shall be used to further enable research, development, demonstration, and commercialization activities
throughout the supply chain for critical materials; and
(B) shall provide an integrated, rapidly reconfigurable
research platform.
(3) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Secretary to fund the design
and construction of the facility, to remain available until
expended—
(A) $10,000,000 for fiscal year 2021;
(B) $30,000,000 for fiscal year 2022; and

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134 STAT. 2571

(C) $35,000,000 for fiscal year 2023.
(i) CRITICAL MATERIALS RESEARCH DATABASE AND INFORMATION
PORTAL.—
(1) IN GENERAL.—In carrying out the program established
under subsection (g)(1), the Secretary and the Secretary of
Energy (referred to in this subsection as the ‘‘Secretaries’’),
in consultation with the Director of the National Science
Foundation, shall establish and operate a Critical Materials
Information Portal (referred to in this subsection as the
‘‘Portal’’) to collect, catalogue, disseminate, and archive information on critical materials.
(2) COOPERATION.—In carrying out paragraph (1), the Secretaries shall leverage the expertise of the National Minerals
Information Center, the Office of Scientific and Technical
Information, and the Critical Materials Consortium established
under subsection (g)(8)(A).
(3) PURPOSE.—The purpose of the Portal is to support the
development of a web-based platform to provide public access
to a database of computed information on known and predicted
critical materials and related material properties and computational tools in order—
(A) to accelerate breakthroughs in critical materials
identification and design;
(B) to strengthen the foundation for technologies that
will enable more sustainable recycling, substitution, use,
and recovery and minimize the environmental impacts of
methods for extraction, processing, and manufacturing of
critical materials; and
(C) to drive the development of advanced materials
for applications that span the missions of the Department
of Energy and the Department of the Interior (referred
to in this subsection as the ‘‘Departments’’) in energy,
environment, and national security.
(4) ACTIVITIES.—In carrying out this subsection, the Secretaries shall—
(A) conduct cooperative research with industry, academia, and other research institutions to facilitate the
design of novel materials, including critical materials and
substitutes for critical materials;
(B) leverage existing high-performance computing systems to conduct high throughput calculations and develop
computing and data mining algorithms for the prediction
of material properties, including a focus on critical materials;
(C) leverage and support research in mineralogy and
mineral chemistry to enhance the understanding, prediction, and manipulation of critical materials;
(D) assist scientists and engineers in making the fullest
possible use of the relevant data holdings of the Departments, including the scientific and technical data generated
by the research and development activities funded under
subsection (g);
(E) seek and incorporate other information on critical
materials to enhance the Departments’ utility for program
participants and other users; and
(F) manage and make available to researchers and
the public accessible, curated, standardized, secure, and

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privacy-protected data sets from the public and private
sectors for the purposes of critical materials research and
development activities.
(5) PROPRIETARY INFORMATION.—In carrying out this subsection, the Secretaries shall ensure, consistent with section
5(f) of the National Materials and Minerals Policy, Research
and Development Act of 1980 (30 U.S.C. 1604(f)), that—
(A) no person uses the information and data collected
for the Portal for a purpose other than the development
of, or reporting of, aggregate data in a manner such that
the identity of the person or firm who supplied the information is not discernible and is not material to the intended
uses of the information;
(B) no person discloses any information or data collected for the Portal unless the information or data has
been transformed into a statistical or aggregate form that
does not allow the identification of the person or firm
who supplied particular information; and
(C) procedures are established to require the withholding of any information or data collected for the Portal
if at least 1 of the Secretaries determines that the withholding is necessary to protect proprietary information,
including any trade secrets or other confidential information.
(j) ANALYSIS AND FORECASTING.—
(1) CAPABILITIES.—In order to evaluate existing critical
mineral policies and inform future actions that may be taken
to avoid supply shortages, mitigate price volatility, and prepare
for demand growth and other market shifts, the Secretary
(acting through the Director of the United States Geological
Survey) or a designee of the Secretary, in consultation with
the Energy Information Administration, academic institutions,
and others in order to maximize the application of existing
competencies related to developing and maintaining computermodels and similar analytical tools, shall conduct and publish
the results of an annual report that includes—
(A) as part of the annually published Mineral Commodity Summaries from the United States Geological
Survey, a comprehensive review of critical mineral production, consumption, and recycling patterns, including—
(i) the quantity of each critical mineral domestically produced during the preceding year;
(ii) the quantity of each critical mineral domestically consumed during the preceding year;
(iii) market price data or other price data for each
critical mineral;
(iv) an assessment of—
(I) critical mineral requirements to meet the
national security, energy, economic, industrial,
technological, and other needs of the United States
during the preceding year;
(II) the reliance of the United States on foreign
sources to meet those needs during the preceding
year; and
(III) the implications of any supply shortages,
restrictions, or disruptions during the preceding
year;

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(v) the quantity of each critical mineral domestically recycled during the preceding year;
(vi) the market penetration during the preceding
year of alternatives to each critical mineral;
(vii) a discussion of international trends associated
with the discovery, production, consumption, use, costs
of production, prices, and recycling of each critical mineral as well as the development of alternatives to critical minerals; and
(viii) such other data, analyses, and evaluations
as the Secretary finds are necessary to achieve the
purposes of this subsection; and
(B) a comprehensive forecast, entitled the ‘‘Annual Critical Minerals Outlook’’, of projected critical mineral production, consumption, and recycling patterns, including—
(i) the quantity of each critical mineral projected
to be domestically produced over the subsequent 1year, 5-year, and 10-year periods;
(ii) the quantity of each critical mineral projected
to be domestically consumed over the subsequent 1year, 5-year, and 10-year periods;
(iii) an assessment of—
(I) critical mineral requirements to meet projected national security, energy, economic, industrial, technological, and other needs of the United
States;
(II) the projected reliance of the United States
on foreign sources to meet those needs; and
(III) the projected implications of potential
supply shortages, restrictions, or disruptions;
(iv) the quantity of each critical mineral projected
to be domestically recycled over the subsequent 1-year,
5-year, and 10-year periods;
(v) the market penetration of alternatives to each
critical mineral projected to take place over the subsequent 1-year, 5-year, and 10-year periods;
(vi) a discussion of reasonably foreseeable international trends associated with the discovery, production, consumption, use, costs of production, and
recycling of each critical mineral as well as the development of alternatives to critical minerals; and
(vii) such other projections relating to each critical
mineral as the Secretary determines to be necessary
to achieve the purposes of this subsection.
(2) PROPRIETARY INFORMATION.—In preparing a report
described in paragraph (1), the Secretary shall ensure, consistent with section 5(f) of the National Materials and Minerals
Policy, Research and Development Act of 1980 (30 U.S.C.
1604(f)), that—
(A) no person uses the information and data collected
for the report for a purpose other than the development
of or reporting of aggregate data in a manner such that
the identity of the person or firm who supplied the information is not discernible and is not material to the intended
uses of the information;
(B) no person discloses any information or data collected for the report unless the information or data has

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been transformed into a statistical or aggregate form that
does not allow the identification of the person or firm
who supplied particular information; and
(C) procedures are established to require the withholding of any information or data collected for the report
if the Secretary determines that withholding is necessary
to protect proprietary information, including any trade
secrets or other confidential information.
(k) EDUCATION AND WORKFORCE.—
(1) WORKFORCE ASSESSMENT.—Not later than 1 year and
300 days after the date of enactment of this Act, the Secretary
of Labor (in consultation with the Secretary, the Director of
the National Science Foundation, institutions of higher education with substantial expertise in mining, institutions of
higher education with significant expertise in minerals
research, including fundamental research into alternatives, and
employers in the critical minerals sector) shall submit to Congress an assessment of the domestic availability of technically
trained personnel necessary for critical mineral exploration,
development, assessment, production, manufacturing, recycling,
analysis, forecasting, education, and research, including an
analysis of—
(A) skills that are in the shortest supply as of the
date of the assessment;
(B) skills that are projected to be in short supply
in the future;
(C) the demographics of the critical minerals industry
and how the demographics will evolve under the influence
of factors such as an aging workforce;
(D) the effectiveness of training and education programs in addressing skills shortages;
(E) opportunities to hire locally for new and existing
critical mineral activities;
(F) the sufficiency of personnel within relevant areas
of the Federal Government for achieving the policies
described in section 3 of the National Materials and Minerals Policy, Research and Development Act of 1980 (30
U.S.C. 1602); and
(G) the potential need for new training programs to
have a measurable effect on the supply of trained workers
in the critical minerals industry.
(2) CURRICULUM STUDY.—
(A) IN GENERAL.—The Secretary and the Secretary of
Labor shall jointly enter into an arrangement with the
National Academy of Sciences and the National Academy
of Engineering under which the Academies shall coordinate
with the National Science Foundation on conducting a
study—
(i) to design an interdisciplinary program on critical minerals that will support the critical mineral
supply chain and improve the ability of the United
States to increase domestic, critical mineral exploration, development, production, manufacturing,
research, including fundamental research into alternatives, and recycling;

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(ii) to address undergraduate and graduate education, especially to assist in the development of graduate level programs of research and instruction that
lead to advanced degrees with an emphasis on the
critical mineral supply chain or other positions that
will increase domestic, critical mineral exploration,
development, production, manufacturing, research,
including fundamental research into alternatives, and
recycling;
(iii) to develop guidelines for proposals from
institutions of higher education with substantial
capabilities in the required disciplines for activities
to improve the critical mineral supply chain and
advance the capacity of the United States to increase
domestic, critical mineral exploration, research,
development,
production,
manufacturing,
and
recycling; and
(iv) to outline criteria for evaluating performance
and recommendations for the amount of funding that
will be necessary to establish and carry out the program described in paragraph (3).
(B) REPORT.—Not later than 2 years after the date
of enactment of this Act, the Secretary shall submit to
Congress a description of the results of the study required
under subparagraph (A).
(3) PROGRAM.—
(A) ESTABLISHMENT.—The Secretary and the Secretary
of Labor shall jointly conduct a competitive grant program
under which institutions of higher education may apply
for and receive 4-year grants for—
(i) startup costs for newly designated faculty positions in integrated critical mineral education, research,
innovation, training, and workforce development programs consistent with paragraph (2);
(ii) internships, scholarships, and fellowships for
students enrolled in programs related to critical minerals;
(iii) equipment necessary for integrated critical
mineral innovation, training, and workforce development programs; and
(iv) research of critical minerals and their applications, particularly concerning the manufacture of critical components vital to national security.
(B) RENEWAL.—A grant under this paragraph shall
be renewable for up to 2 additional 3-year terms based
on performance criteria outlined under paragraph (2)(A)(iv).
(l) NATIONAL GEOLOGICAL AND GEOPHYSICAL DATA PRESERVATION PROGRAM.—Section 351(k) of the Energy Policy Act of 2005
(42 U.S.C. 15908(k)) is amended by striking ‘‘ $30,000,000 for each
of fiscal years 2006 through 2010’’ and inserting ‘‘ $5,000,000 for
each of fiscal years 2021 through 2029, to remain available until
expended’’.
(m) AMENDMENTS TO THE NATIONAL MATERIALS AND MINERALS,
POLICY, RESEARCH AND DEVELOPMENT ACT OF 1980.—
(1) PROGRAM PLAN.—Section 5 of the National Materials
and Minerals Policy, Research and Development Act of 1980
(30 U.S.C. 1604) is amended—

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(A) by striking ‘‘date of enactment of this Act’’ each
place it appears and inserting ‘‘date of enactment of the
Energy Act of 2020’’;
(B) in subsection (b)(1), by striking ‘‘Federal Coordinating Council for Science, Engineering, and Technology’’
and inserting ‘‘National Science and Technology Council’’;
(C) in subsection (c)—
(i) in the matter preceding paragraph (1)—
(I) by striking ‘‘the Federal Emergency’’ and
all that follows through ‘‘Agency, and’’; and
(II) by striking ‘‘appropriate shall’’ and
inserting ‘‘appropriate, shall’’;
(ii) by striking paragraphs (1) and (3);
(iii) by redesignating paragraph (2) as paragraph
(1);
(iv) in paragraph (1) (as so redesignated)—
(I) by striking ‘‘within 1 year after October
21, 1980’’ and inserting ‘‘not later than 1 year
after the date of the enactment of the Energy
Act of 2020’’;
(II) by striking ‘‘which assesses’’ and inserting
‘‘that assesses’’; and
(III) by striking ‘‘in the case’’ and all that
follows through ‘‘subsection, and which’’ and
inserting ‘‘and that’’; and
(v) by adding at the end the following:
‘‘(2) assess the adequacy and stability of the supply of
materials necessary to maintain national security, economic
well-being, public health, and industrial production.’’; and
(D) in subsection (e), by striking ‘‘Bureau of Mines’’
each place it appears and inserting ‘‘United States
Geological Survey’’.
(2) POLICY.—Section 3 of the National Materials and Minerals Policy, Research and Development Act of 1980 (30 U.S.C.
1602) is amended, in the matter preceding paragraph (1)—
(A) in the first sentence, by striking ‘‘The Congress
declares that it’’ and inserting ‘‘It’’; and
(B) in the second sentence, by striking ‘‘The Congress
further declares that implementation’’ and inserting
‘‘Implementation’’.
(3) IMPLEMENTATION.—Section 4 of the National Materials
and Minerals Policy, Research and Development Act of 1980
(30 U.S.C. 1603) is amended, in the matter preceding paragraph
(1)—
(A) by striking ‘‘For the purpose’’ and all that follows
through ‘‘declares that the’’ and inserting ‘‘The’’; and
(B) by striking ‘‘departments and agencies,’’ and
inserting ‘‘departments and agencies to implement the
policy described in section 3’’.
(n) ADMINISTRATION.—
(1) IN GENERAL.—The National Critical Materials Act of
1984 (30 U.S.C. 1801 et seq.) is repealed.
(2) CONFORMING AMENDMENT.—Section 3(d) of the National
Superconductivity and Competitiveness Act of 1988 (15 U.S.C.
5202(d)) is amended in the first sentence by striking ‘‘, with
the assistance of the National Critical Materials Council as

Assessment.

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Repeal.

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specified in the National Critical Materials Act of 1984 (30
U.S.C. 1801 et seq.),’’.
(3) SAVINGS CLAUSES.—
(A) IN GENERAL.—Nothing in this section or an amendment made by this section modifies any requirement or
authority provided by—
(i) the matter under the heading ‘‘geological survey’’
of the first section of the Act of March 3, 1879 (43
U.S.C. 31(a)); or
(ii) the first section of Public Law 87–626 (43
U.S.C. 31(b)).
(B) EFFECT ON DEPARTMENT OF DEFENSE.—Nothing in
this section or an amendment made by this section affects
the authority of the Secretary of Defense with respect
to the work of the Department of Defense on critical material supplies in furtherance of the national defense mission
of the Department of Defense.
(C) SECRETARIAL ORDER NOT AFFECTED.—This section
shall not apply to any mineral described in Secretarial
Order No. 3324, issued by the Secretary on December 3,
2012, in any area to which the order applies.
(o) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary to carry out this section
$50,000,000 for each of fiscal years 2021 through 2029.

VerDate Sep 11 2014

SEC. 7003. MONITORING MINERAL INVESTMENTS UNDER BELT AND
ROAD INITIATIVE OF PEOPLE’S REPUBLIC OF CHINA.

50 USC 3372.

(a) REPORT REQUIRED.—Not later than 1 year after the date
of the enactment of this Act, the Director of National Intelligence
(referred to in this section as the ‘‘Director’’), in consultation with
the Secretary of the Interior, the Secretary of Energy, the Secretary
of Commerce, the Secretary of State, the Secretary of Defense,
and the United States Trade Representative, shall submit to the
appropriate congressional committees a report on investments in
minerals under the Belt and Road Initiative of the People’s Republic
of China that includes an assessment of—
(1) notable past mineral investments;
(2) whether and how such investments have increased the
extent of control of minerals by the People’s Republic of China;
(3) any efforts by the People’s Republic of China to counter
or interfere with the goals of the Energy Resource Governance
Initiative of the Department of State; and
(4) the strategy of the People’s Republic of China with
respect to mineral investments.
(b) MONITORING MECHANISM.—In conjunction with each report
required by subsection (a), the Director shall submit to the appropriate congressional committees a list of any minerals with respect
to which—
(1) the People’s Republic of China, directly or through
the Belt and Road Initiative—
(A) is increasing its concentration of extraction and
processing;
(B) is acquiring significant mining and processing
facilities;
(C) is maintaining or increasing export restrictions;
or

Consultation.
Assessment.

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134 STAT. 2578

Determination.
Consultation.

Recommendation.

PUBLIC LAW 116–260—DEC. 27, 2020

(D) has achieved substantial control of the supply of
minerals used within an industry or related minerals;
(2) there is a significant difference between domestic prices
in the People’s Republic of China as compared to prices on
international markets; or
(3) there is a significant increase or volatility in price
as a result of the Belt and Road Initiative of the People’s
Republic of China.
(c) CRITICAL MINERAL EVALUATION.—For any mineral included
on the list required by subsection (b) that is not already designated
as critical by the Secretary of the Interior pursuant to section
7002(c), the Director shall—
(1) determine, in consultation with the Secretary of the
Interior, the Secretary of Energy, the Secretary of Commerce,
the Secretary of State, the Secretary of Defense, and the United
States Trade Representative, whether the mineral is strategic
and critical to the defense or national security of the United
States; and
(2) make a recommendation to the Secretary of the Interior
regarding the designation of the mineral under section 7002(c).
(d) ANNUAL UPDATES.—The Director shall update the report
required by subsection (a) and list required by subsection (b) not
less frequently than annually.
(e) FORM.—Each report or list required by this section shall
be submitted in unclassified form but may include a classified
annex.
(f) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’
means—
(1) the Committee on Energy and Natural Resources, the
Committee on Foreign Relations, the Committee on Armed
Services, the Committee on Finance, the Committee on Homeland Security and Governmental Affairs, the Committee on
Commerce, Science, and Transportation, and the Committee
on Appropriations of the Senate; and
(2) the Committee on Energy and Commerce, the Committee on Foreign Affairs, the Committee on Armed Services,
the Committee on Ways and Means, the Committee on Homeland Security, and the Committee on Appropriations of the
House of Representatives.

TITLE VIII—GRID MODERNIZATION

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SEC. 8001. SMART GRID REGIONAL DEMONSTRATION INITIATIVE.

Section 1304 of the Energy Independence and Security Act
of 2007 (42 U.S.C. 17384) is amended—
(1) in subsection (a), by inserting ‘‘research, development,
and demonstration’’ before ‘‘program’’;
(2) in subsection (b)—
(A) by amending paragraph (1) to read as follows:
‘‘(1) IN GENERAL.—The Secretary shall establish a smart
grid regional demonstration initiative (referred to in this subsection as the ‘Initiative’) composed of demonstration projects
focused on cost-effective, advanced technologies for use in power
grid sensing, communications, analysis, power flow control, visualization, distribution automation, industrial control systems,

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134 STAT. 2579

dynamic line rating systems, grid redesign, and the integration
of distributed energy resources.’’; and
(B) in paragraph (2)—
(i) in subparagraph (D), by striking ‘‘and’’ at the
end;
(ii) in subparagraph (E), by striking the period
and inserting ‘‘; and’’; and
(iii) by inserting at the end the following:
‘‘(F) to encourage the commercial application of
advanced distribution automation technologies that exert
intelligent control over electrical grid functions at the distribution level to improve system resilience.’’.
SEC. 8002. SMART GRID MODELING, VISUALIZATION, ARCHITECTURE,
AND CONTROLS.

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Title XIII of the Energy Independence and Security Act of
2007 (42 U.S.C. 17381 et seq.) is amended by inserting after section
1304 the following:

VerDate Sep 11 2014

‘‘SEC. 1304A. SMART GRID MODELING, VISUALIZATION, ARCHITECTURE, AND CONTROLS.

42 USC 17384a.

‘‘(a) IN GENERAL.—Not later than 180 days after the enactment
of this section, the Secretary shall establish a program of research,
development, demonstration, and commercial application on electric
grid modeling, sensing, visualization, architecture development, and
advanced operation and controls.
‘‘(b) MODELING RESEARCH AND DEVELOPMENT.—The Secretary
shall support development of models of emerging technologies and
systems to facilitate the secure and reliable design, planning, and
operation of the electric grid for use by industry stakeholders.
In particular, the Secretary shall support development of—
‘‘(1) models to analyze and predict the effects of adverse
physical and cyber events on the electric grid;
‘‘(2) coupled models of electrical, physical, and cyber systems;
‘‘(3) models of existing and emerging technologies being
deployed on the electric grid due to projected changes in the
electric generation mix and loads, for a variety of regional
characteristics; and
‘‘(4) integrated models of the communications, transmission,
distribution, and other interdependent systems for existing,
new, and emerging technologies.
‘‘(c) SITUATIONAL AWARENESS RESEARCH AND DEVELOPMENT.—
‘‘(1) IN GENERAL.—The Secretary shall support development
of computational tools and technologies to improve sensing,
monitoring, and visualization of the electric grid for real-time
situational awareness and decision support tools that enable
improved operation of the power system, including utility, nonutility, and customer grid-connected assets, for use by industry
partners.
‘‘(2) DATA USE.—In developing visualization capabilities
under this section, the Secretary shall develop tools for industry
stakeholders to use to analyze data collected from advanced
measurement and monitoring technologies, including data from
phasor measurement units and advanced metering units.

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Coordination.

Analyses.

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‘‘(3) SEVERE EVENTS.—The Secretary shall prioritize
enhancing cyber and physical situational awareness of the electric grid during adverse manmade and naturally-occurring
events.
‘‘(d) OPERATION AND CONTROLS RESEARCH AND DEVELOPMENT.—
The Secretary shall conduct research to develop improvements to
the operation and controls of the electric grid, in coordination with
industry partners. Such activities shall include—
‘‘(1) a training facility or facilities to allow grid operators
to gain operational experience with advanced grid control concepts and technologies;
‘‘(2) development of cost-effective advanced operation and
control concepts and technologies, such as adaptive islanding,
dynamic line rating systems, power flow controllers, network
topology optimization, smart circuit breakers, intelligent load
shedding, and fault-tolerant control system architectures;
‘‘(3) development of real-time control concepts using artificial intelligence and machine learning for improved electric
grid resilience; and
‘‘(4) utilization of advanced data analytics including load
forecasting, power flow modeling, equipment failure prediction,
resource optimization, risk analysis, and decision analysis.
‘‘(e) INTEROPERABILITY RESEARCH AND DEVELOPMENT.—The Secretary shall conduct research and development on tools and technologies that improve the interoperability and compatibility of new
and emerging components, technologies, and systems with existing
electric grid infrastructure.
‘‘(f) UNDERGROUND TRANSMISSION AND DISTRIBUTION LINES.—
In carrying out the program under subsection (a), the Secretary
shall support research and development on underground transmission and distribution lines. This shall include research on—
‘‘(1) methods for lowering the costs of underground transmission and distribution lines, including through novel installation techniques and materials considerations;
‘‘(2) techniques to improve the lifespan of underground
transmission and distribution lines;
‘‘(3) wireless sensors to improve safety of underground
transmission and distribution lines and to predict, identify,
detect, and transmit information about degradation and faults;
and
‘‘(4) methods for improving the resilience and reliability
of underground transmission and distribution lines, including
technologies and techniques that can mitigate the impact of
flooding, storm surge, and seasonal climate cycles on degradation of and damage to underground transmission and distribution lines.
‘‘(g) GRID ARCHITECTURE AND SCENARIO DEVELOPMENT.—
‘‘(1) IN GENERAL.—Subject to paragraph (3), the Secretary
shall establish and facilitate a collaborative process to develop
model grid architecture and a set of future scenarios for the
electric grid to examine the impacts of different combinations
of resources (including different quantities of distributed energy
resources and large-scale, central generation) on the electric
grid.
‘‘(2) ARCHITECTURE.—In supporting the development of
model grid architectures, the Secretary shall—

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PUBLIC LAW 116–260—DEC. 27, 2020

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‘‘(A) analyze a variety of grid architecture scenarios
that range from minor upgrades to existing transmission
grid infrastructure to scenarios that involve the replacement of significant portions of existing transmission grid
infrastructure;
‘‘(B) analyze the effects of the increasing proliferation
of renewable and other zero emissions energy generation
sources, increasing use of distributed resources owned by
non-utility entities, and the use of digital and automated
controls not managed by grid operators;
‘‘(C) include a variety of new and emerging distribution
grid technologies, including distributed energy resources,
electric vehicle charging stations, distribution automation
technologies, energy storage, and renewable energy sources;
‘‘(D) analyze the effects of local load balancing and
other forms of decentralized control;
‘‘(E) analyze the effects of changes to grid architectures
resulting from modernizing electric grid systems, including
communications, controls, markets, consumer choice, emergency response, electrification, and cybersecurity concerns;
and
‘‘(F) develop integrated grid architectures that incorporate system resilience for cyber, physical, and communications systems.
‘‘(3) MARKET STRUCTURE.—The grid architecture and scenarios developed under paragraph (1) shall, to the extent practicable, account for differences in market structure, including
an examination of the potential for stranded costs in each
type of market structure.
‘‘(h) COMPUTING RESOURCES AND DATA COORDINATION
RESEARCH AND DEVELOPMENT.—In carrying out this section, the
Secretary shall—
‘‘(1) leverage existing computing resources at the National
Laboratories; and
‘‘(2) develop voluntary standards for data taxonomies and
communication protocols in coordination with public and private
sector stakeholders.
‘‘(i) INFORMATION SHARING.—None of the activities authorized
in this section shall require private entities to share information
or data with the Secretary.
‘‘(j) RESILIENCE.—In this section, the term ‘resilience’ means
the ability to withstand and reduce the magnitude or duration
of disruptive events, which includes the capability to anticipate,
absorb, adapt to, or rapidly recover from such an event, including
from deliberate attacks, accidents, and naturally occurring threats
or incidents.’’.

Definition.

SEC. 8003. INTEGRATED ENERGY SYSTEMS.

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Title XIII of the Energy Independence and Security Act of
2007 (42 U.S.C. 17381 et seq.) is amended by adding after section
1309 the following:

VerDate Sep 11 2014

‘‘SEC. 1310. INTEGRATED ENERGY SYSTEMS.

42 USC 17387.

‘‘(a) IN GENERAL.—Not later than 180 days after the enactment
of this section, the Secretary shall establish a research, development, and demonstration program to develop cost-effective
integrated energy systems, including—

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134 STAT. 2582

Deadline.

Analyses.

Assessment.

Time period.

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Time period.

Recommendations.
Coordination.

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PUBLIC LAW 116–260—DEC. 27, 2020

‘‘(1) development of computer modeling to design different
configurations of integrated energy systems and to optimize
system operation;
‘‘(2) research on system integration needed to plan, design,
build, and operate integrated energy systems, including interconnection requirements with the electric grid;
‘‘(3) development of integrated energy systems for various
applications, including—
‘‘(A) thermal energy generation and storage for
buildings and manufacturing;
‘‘(B) electricity storage coupled with energy generation;
‘‘(C) desalination;
‘‘(D) production of liquid and gaseous fuels; and
‘‘(E) production of chemicals such as ammonia and
ethylene;
‘‘(4) development of testing facilities for integrated energy
systems; and
‘‘(5) research on incorporation of various technologies for
integrated energy systems, including nuclear energy, renewable
energy, storage, and carbon capture, utilization, and sequestration technologies.
‘‘(b) STRATEGIC PLAN.—
‘‘(1) IN GENERAL.—Not later than 1 year after the date
of the enactment of this section, the Secretary shall submit
to the Committee on Science, Space, and Technology of the
House of Representatives and the Committee on Energy and
Natural Resources of the Senate a strategic plan that identifies
opportunities, challenges, and standards needed for the development and commercial application of integrated energy systems.
The strategic plan shall include—
‘‘(A) analysis of the potential benefits of development
of integrated electric systems on the electric grid;
‘‘(B) analysis of the potential contributions of
integrated energy systems to different grid architecture
scenarios;
‘‘(C) research and development goals for various
integrated energy systems, including those identified in
subsection (a);
‘‘(D) assessment of policy and market barriers to the
adoption of integrated energy systems;
‘‘(E) analysis of the technical and economic feasibility
of adoption of different integrated energy systems; and
‘‘(F) a 10-year roadmap to guide the program established under subsection (a).
‘‘(2) UPDATES.—Not less than once every 3 years for the
duration of this research program, the Secretary shall submit
an updated version of the strategic plan to the Committee
on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources
of the Senate.
‘‘(c) PROGRAM IMPLEMENTATION.—In carrying out the research,
development, demonstration, and commercial application aims of
subsection (a), the Secretary shall—
‘‘(1) implement the recommendations set forth in the strategic plan in subsection (b);
‘‘(2) coordinate across all relevant program offices at the
Department, including—

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2583

‘‘(A) the Office of Energy Efficiency and Renewable
Energy;
‘‘(B) the Office of Nuclear Energy; and
‘‘(C) the Office of Fossil Energy;
‘‘(3) leverage existing programs and resources of the Department; and
‘‘(4) prioritize activities that accelerate the development
of integrated electricity generation, storage, and distribution
systems with net zero greenhouse gas emissions.
‘‘(d) INTEGRATED ENERGY SYSTEM DEFINED.—The term
‘integrated energy system’ means a system composed of 2 or more
co-located or jointly operated sub-systems of energy generation,
energy storage, or other energy technologies.’’.
SEC. 8004. GRID INTEGRATION RESEARCH AND DEVELOPMENT.

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(a) INTEGRATING DISTRIBUTED ENERGY RESOURCES ONTO THE
ELECTRIC GRID.—Section 925(a) of the Energy Policy Act of 2005
(42 U.S.C. 16215) is amended—
(1) by redesignating paragraphs (10) and (11) as paragraphs
(12) and (13), respectively; and
(2) by inserting after paragraph (9) the following:
‘‘(10) the development of cost-effective technologies that
enable two-way information and power flow between distributed
energy resources and the electric grid;
‘‘(11) the development of technologies and concepts that
enable interoperability between distributed energy resources
and other behind-the-meter devices and the electric grid;’’.
(b) INTEGRATING RENEWABLE ENERGY ONTO THE ELECTRIC
GRID.—Subtitle C of title IX of the Energy Policy Act of 2005
(42 U.S.C. 16231 et seq.) is amended by adding at the end the
following:

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‘‘SEC. 936. RESEARCH AND DEVELOPMENT INTO INTEGRATING RENEWABLE ENERGY ONTO THE ELECTRIC GRID.

42 USC 16236.

‘‘(a) IN GENERAL.—Not later than 180 days after the enactment
of this section, the Secretary shall establish a research, development, and demonstration program on technologies that enable
integration of renewable energy generation sources onto the electric
grid across multiple program offices of the Department. The program shall include—
‘‘(1) forecasting for predicting generation from variable
renewable energy sources;
‘‘(2) development of cost-effective low-loss, long-distance
transmission lines; and
‘‘(3) development of cost-effective advanced technologies for
variable renewable generation sources to provide grid services.
‘‘(b) COORDINATION.—In carrying out this program, the Secretary shall coordinate across all relevant program offices at the
Department to achieve the goals established in this section,
including the Office of Electricity.
‘‘(c) ADOPTION OF TECHNOLOGIES.—In carrying out this section,
the Secretary shall consider barriers to adoption and commercial
application of technologies that enable integration of renewable
energy sources onto the electric grid, including cost and other
economic barriers, and shall coordinate with relevant entities to
reduce these barriers.’’.
(c) INTEGRATING ELECTRIC VEHICLES ONTO THE ELECTRIC
GRID.—Subtitle B of title I of the Energy Independence and Security

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PUBLIC LAW 116–260—DEC. 27, 2020

Act of 2007 (42 U.S.C. 17011 et seq.) is amended by adding at
the end the following:
42 USC 17014.

Study.

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Evaluation.

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‘‘SEC. 137. RESEARCH AND DEVELOPMENT INTO INTEGRATING ELECTRIC VEHICLES ONTO THE ELECTRIC GRID.

‘‘(a) IN GENERAL.—The Secretary shall establish a research,
development, and demonstration program to advance the integration of electric vehicles, including plug-in hybrid electric vehicles,
onto the electric grid.
‘‘(b) VEHICLES-TO-GRID INTEGRATION ASSESSMENT REPORT.—Not
later than 1 year after the enactment of this section, the Secretary
shall submit to the Committee on Science, Space, and Technology
of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate a report on the results of
a study that examines the research, development, and demonstration opportunities, challenges, and standards needed for integrating
electric vehicles onto the electric grid.
‘‘(1) REPORT REQUIREMENTS.—The report shall include—
‘‘(A) an evaluation of the use of electric vehicles to
maintain the reliability of the electric grid, including—
‘‘(i) the use of electric vehicles for demand
response, load shaping, emergency power, and frequency regulation; and
‘‘(ii) the potential for the reuse of spent electric
vehicle batteries for stationary grid storage;
‘‘(B) the impact of grid integration on electric vehicles,
including—
‘‘(i) the impact of bi-directional electricity flow on
battery degradation; and
‘‘(ii) the implications of the use of electric vehicles
for grid services on original equipment manufacturer
warranties;
‘‘(C) the impacts to the electric grid of increased
penetration of electric vehicles, including—
‘‘(i) the distribution grid infrastructure needed to
support an increase in charging capacity;
‘‘(ii) strategies for integrating electric vehicles onto
the distribution grid while limiting infrastructure
upgrades;
‘‘(iii) the changes in electricity demand over a 24hour cycle due to electric vehicle charging behavior;
‘‘(iv) the load increases expected from electrifying
the transportation sector;
‘‘(v) the potential for customer incentives and other
managed charging stations strategies to shift charging
off-peak;
‘‘(vi) the technology needed to achieve bi-directional
power flow on the distribution grid; and
‘‘(vii) the implementation of smart charging techniques;
‘‘(D) research on the standards needed to integrate
electric vehicles with the grid, including communications
systems, protocols, and charging stations, in collaboration
with the National Institute for Standards and Technology;
‘‘(E) the cybersecurity challenges and needs associated
with electrifying the transportation sector; and

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2585

‘‘(F) an assessment of the feasibility of adopting technologies developed under the program established under
subsection (a) at Department facilities.
‘‘(2) RECOMMENDATIONS.—As part of the Vehicles-to-Grid
Integration Assessment Report, the Secretary shall develop a
10-year roadmap to guide the research, development, and demonstration program to integrate electric vehicles onto the electric grid.
‘‘(3) CONSULTATION.—In developing this report, the Secretary shall consult with relevant stakeholders, including—
‘‘(A) electric vehicle manufacturers;
‘‘(B) electric utilities;
‘‘(C) public utility commissions;
‘‘(D) vehicle battery manufacturers;
‘‘(E) electric vehicle supply equipment manufacturers;
‘‘(F) charging infrastructure manufacturers;
‘‘(G) the National Laboratories; and
‘‘(H) other Federal agencies, as the Secretary determines appropriate.
‘‘(4) UPDATES.—The Secretary shall update the report
required under this section every 3 years for the duration
of the program under section (a) and shall submit the updated
report to the Committee on Science, Space, and Technology
of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate.
‘‘(c) PROGRAM IMPLEMENTATION.—In carrying out the research,
development, demonstration, and commercial application aims of
section, the Secretary shall—
‘‘(1) implement the recommendations set forth in the report
in subsection (b); and
‘‘(2) coordinate across all relevant program offices at the
Department to achieve the goals established in this section,
including the Office of Electricity.
‘‘(d) TESTING CAPABILITIES.—The Secretary shall coordinate
with the National Laboratories to develop testing capabilities for
the evaluation, rapid prototyping, and optimization of technologies
enabling integration of electric vehicles onto the electric grid.’’.

Assessment.

Time period.

Time period.

Recommendations.
Coordination.

SEC. 8005. ADVISORY COMMITTEE.

Title XIII of the Energy Independence and Security Act of
2007 (42 U.S.C. 17381 et seq.) is amended by adding after section
1310 (as added by section 8003 of this Act) the following:

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‘‘SEC. 1311. ADVISORY COMMITTEE.

42 USC 17388.

‘‘(a) IN GENERAL.—Not later than 180 days after the enactment
of this section, the Secretary shall designate an existing advisory
committee to advise the Secretary on the authorization of research,
development, and demonstration projects under sections 1304 and
1304A.
‘‘(b) RESPONSIBILITY.—The Secretary shall annually solicit from
the advisory committee—
‘‘(1) comments to identify grid modernization technology
needs;
‘‘(2) an assessment of the progress of the research activities
on grid modernization; and
‘‘(3) assistance in annually updating grid modernization
technology roadmaps.’’.

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PUBLIC LAW 116–260—DEC. 27, 2020

42 USC 16215
note.

SEC. 8006. COORDINATION OF EFFORTS.

42 USC 17389.

SEC. 8007. TECHNOLOGY DEMONSTRATION ON THE DISTRIBUTION
GRID.

In carrying out the amendments made by this title, the Secretary shall coordinate with relevant entities to the maximum
extent practicable, including—
(1) electric utilities;
(2) private sector entities;
(3) representatives of all sectors of the electric power
industry;
(4) transmission organizations;
(5) transmission owners and operators;
(6) distribution organizations;
(7) distribution asset owners and operators;
(8) State, Tribal, local, and territorial governments and
regulatory authorities;
(9) academic institutions;
(10) the National Laboratories;
(11) other Federal agencies;
(12) nonprofit organizations;
(13) the Federal Energy Regulatory Commission;
(14) the North American Reliability Corporation;
(15) independent system operators; and
(16) programs and program offices at the Department.

(a) IN GENERAL.—The Secretary shall establish a grant program
to carry out eligible projects related to the modernization of the
electric grid, including the application of technologies to improve
observability, advanced controls, and prediction of system performance on the distribution system.
(b) ELIGIBLE PROJECTS.—To be eligible for a grant under subsection (a), a project shall—
(1) be designed to improve the performance and efficiency
of the future electric grid, while ensuring the continued provision of safe, secure, reliable, and affordable power; and
(2) demonstrate—
(A) secure integration and management of two or more
energy resources, including distributed energy generation,
combined heat and power, micro-grids, energy storage, electric vehicles, energy efficiency, demand response, and intelligent loads; and
(B) secure integration and interoperability of communications and information technologies.
42 USC 17390.

SEC. 8008. VOLUNTARY MODEL PATHWAYS.

(a) ESTABLISHMENT OF VOLUNTARY MODEL PATHWAYS.—
(1) ESTABLISHMENT.—Not later than 90 days after the date
of enactment of this Act, the Secretary of Energy (in this
section referred to as the ‘‘Secretary’’), in consultation with
the steering committee established under paragraph (3), shall
initiate the development of voluntary model pathways for modernizing the electric grid through a collaborative, public-private
effort that—
(A) produces illustrative policy pathways encompassing
a diverse range of technologies that can be adapted for
State and regional applications by regulators and policymakers;

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Deadline.
Consultation.

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(B) facilitates the modernization of the electric grid
and associated communications networks to achieve the
objectives described in paragraph (2);
(C) ensures a reliable, resilient, affordable, safe, and
secure electric grid; and
(D) acknowledges and accounts for different priorities,
electric systems, and rate structures across States and
regions.
(2) OBJECTIVES.—The pathways established under paragraph (1) shall facilitate achievement of as many of the following objectives as practicable:
(A) Near real-time situational awareness of the electric
system.
(B) Data visualization.
(C) Advanced monitoring and control of the advanced
electric grid.
(D) Enhanced certainty of policies for investment in
the electric grid.
(E) Increased innovation.
(F) Greater consumer empowerment.
(G) Enhanced grid resilience, reliability, and
robustness.
(H) Improved—
(i) integration of distributed energy resources;
(ii) interoperability of the electric system; and
(iii) predictive modeling and capacity forecasting.
(I) Reduced cost of service for consumers.
(J) Diversification of generation sources.
(3) STEERING COMMITTEE.—Not later than 90 days after
the date of enactment of this Act, the Secretary shall establish
a steering committee to help develop the pathways under paragraph (1), to be composed of members appointed by the Secretary, consisting of persons with appropriate expertise representing a diverse range of interests in the public, private,
and academic sectors, including representatives of—
(A) the Federal Energy Regulatory Commission;
(B) the National Laboratories;
(C) States;
(D) State regulatory authorities;
(E) transmission organizations;
(F) representatives of all sectors of the electric power
industry;
(G) institutions of higher education;
(H) independent research institutes; and
(I) other entities.
(b) TECHNICAL ASSISTANCE.—The Secretary may provide technical assistance to States, Indian Tribes, or units of local government to adopt or implement one or more elements of the pathways
developed under subsection (a)(1), including on a pilot basis.

Deadline.

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SEC. 8009. PERFORMANCE METRICS FOR ELECTRICITY INFRASTRUCTURE PROVIDERS.

(a) IN GENERAL.—Not later than 2 years after the date of
enactment of this Act, the Secretary of Energy, in consultation
with the steering committee established under section 8008(a)(3),
shall submit to the Committee on Energy and Natural Resources

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134 STAT. 2588

of the Senate and the Committee on Energy and Commerce of
the House of Representatives a report that includes—
(1) an evaluation of the performance of the electric grid
as of the date of the report; and
(2) a description of the projected range of measurable costs
and benefits associated with the changes evaluated under the
scenarios developed under section 1304A of the Energy
Independence and Security Act of 2007.
(b) CONSIDERATIONS FOR DEVELOPMENT OF METRICS.—In developing metrics for the evaluation and projections under subsection
(a), the Secretary of Energy shall consider—
(1) standard methodologies for calculating improvements
or deteriorations in the performance metrics, such as reliability,
grid efficiency, power quality, consumer satisfaction, sustainability, and financial incentives;
(2) standard methodologies for calculating potential costs
and measurable benefits value to ratepayers, applying the
performance metrics developed under paragraph (1);
(3) identification of tools, resources, and deployment models
that may enable improved performance through the adoption
of emerging, commercially available or advanced grid technologies or solutions, including—
(A) multicustomer micro-grids;
(B) distributed energy resources;
(C) energy storage;
(D) electric vehicles;
(E) electric vehicle charging infrastructure;
(F) integrated information and communications systems;
(G) transactive energy systems; and
(H) advanced demand management systems; and
(4) the role of States and local regulatory authorities in
enabling a robust future electric grid to ensure that—
(A) electric utilities remain financially viable;
(B) electric utilities make the needed investments that
ensure a reliable, secure, and resilient grid; and
(C) costs incurred to transform to an integrated grid
are allocated and recovered responsibly, efficiently, and
equitably.

Evaluation.

42 USC 17391.

Assessment.
Analysis.

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Evaluation.

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PUBLIC LAW 116–260—DEC. 27, 2020

SEC. 8010. VOLUNTARY STATE, REGIONAL, AND LOCAL ELECTRICITY
DISTRIBUTION PLANNING.

(a) IN GENERAL.—On the request of a State, regional organization, or electric utility, the Secretary of Energy shall provide assistance to States, regional organizations, and electric utilities to facilitate the development of State, regional, and local electricity distribution plans by—
(1) conducting a resource assessment and analysis of future
demand and distribution requirements; and
(2) developing open source tools for State, regional, and
local planning and operations.
(b) RISK AND SECURITY ANALYSIS.—The assessment under subsection (a)(1) shall include—
(1) the evaluation of the physical security, cybersecurity,
and associated communications needs of an advanced distribution management system and the integration of distributed
energy resources; and

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(2) advanced use of grid architecture to analyze risks in
an all-hazards approach that includes communications infrastructure, control systems architecture, and power systems
architecture.
(c) DESIGNATION.—The information collected for the assessment
and analysis under subsection (a)(1)—
(1) shall be considered to be critical electric infrastructure
information under section 215A of the Federal Power Act (16
U.S.C. 824o–1); and
(2) shall only be released in compliance with regulations
implementing that section.
(d) TECHNICAL ASSISTANCE.—For the purpose of assisting in
the development of State and regional electricity distribution plans,
the Secretary shall provide technical assistance to—
(1) States;
(2) regional reliability entities; and
(3) other distribution asset owners and operators.
(e) WITHDRAWAL.—A State or any entity that has requested
technical assistance under this section may withdraw the request
for technical assistance at any time, and on such withdrawal, the
Secretary shall terminate all assistance efforts.
(f) EFFECT.—Nothing in this section authorizes the Secretary
to require any State, regional organization, regional reliability
entity, asset owner, or asset operator to adopt any model, tool,
plan, analysis, or assessment.

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SEC. 8011. MICRO-GRID AND INTEGRATED MICRO-GRID SYSTEMS PROGRAM.

42 USC 17392.

(a) DEFINITIONS.—In this section:
(1) INTEGRATED MICRO-GRID SYSTEM.—The term ‘‘integrated
micro-grid system’’ means a micro-grid system that—
(A) comprises generation from both conventional and
renewable energy resources; and
(B) may use grid-scale energy storage.
(2) ISOLATED COMMUNITY.—The term ‘‘isolated community’’
means a community that is powered by a stand-alone electric
generation and distribution system without the economic and
reliability benefits of connection to a regional electric grid.
(3) MICRO-GRID SYSTEM.—The term ‘‘micro-grid system’’
means a localized grid that operates autonomously, regardless
of whether the grid can operate in connection with another
grid.
(4) RURAL ELECTRIC COOPERATIVE.—The term ‘‘rural electric
cooperative’’ means an electric cooperative (as defined in section
3 of the Federal Power Act (16 U.S.C. 796)) that sells electric
energy to persons in rural areas.
(5) STRATEGY.—The term ‘‘strategy’’ means the strategy
developed pursuant to subsection (b)(2)(B).
(b) PROGRAM.—
(1) ESTABLISHMENT.—The Secretary of Energy (in this section referred to as the ‘‘Secretary’’) shall establish a program
to promote the development of—
(A) integrated micro-grid systems for isolated communities; and
(B) micro-grid systems to increase the resilience of
critical infrastructure.

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134 STAT. 2590

Assessment.

Implementation
strategy.

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Implementation
strategy.

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PUBLIC LAW 116–260—DEC. 27, 2020

(2) REQUIREMENTS.—The program established under paragraph (1) shall—
(A) develop a feasibility assessment for—
(i) integrated micro-grid systems in isolated
communities; and
(ii) micro-grid systems to enhance the resilience
of critical infrastructure;
(B) develop an implementation strategy, in accordance
with paragraph (3), to promote the development of
integrated micro-grid systems for isolated communities,
particularly for those communities exposed to extreme
weather conditions and high energy costs, including electricity, space heating and cooling, and transportation;
(C) develop an implementation strategy to promote
the development of micro-grid systems that increase the
resilience of critical infrastructure; and
(D) carry out cost-shared demonstration projects, based
upon the strategies developed under subparagraph (B) that
include the development of physical and cybersecurity plans
to take appropriate measures to protect and secure the
electric grid.
(3) REQUIREMENTS FOR STRATEGY.—In developing the
strategy under paragraph (2)(B), the Secretary shall consider—
(A) opportunities for improving the efficiency of
existing integrated micro-grid systems;
(B) the capacity of the local workforce to operate, maintain, and repair a integrated micro-grid system as well
as opportunities to improve that capacity;
(C) leveraging existing capacity within local or regional
research organizations, such as organizations based at
institutions of higher education, to support development
of integrated micro-grid systems, including by testing novel
components and systems prior to field deployment;
(D) the need for basic infrastructure to develop, deploy,
and sustain a integrated micro-grid system;
(E) input of traditional knowledge from local leaders
of isolated communities in the development of a integrated
micro-grid system;
(F) the impact of integrated micro-grid systems on
defense, homeland security, economic development, and
environmental interests;
(G) opportunities to leverage existing interagency
coordination efforts and recommendations for new interagency coordination efforts to minimize unnecessary overhead, mobilization, and other project costs; and
(H) any other criteria the Secretary determines appropriate.
(c) COLLABORATION.—The program established under subsection
(b)(1) shall be carried out in collaboration with relevant stakeholders, including, as appropriate—
(1) States;
(2) Indian Tribes;
(3) regional entities and regulators;
(4) units of local government;
(5) institutions of higher education; and
(6) private sector entities.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2591

(d) REPORT.—Not later than 180 days after the date of enactment of this Act, and annually thereafter until calendar year 2029,
the Secretary shall submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the efforts
to implement the program established under subsection (b)(1) and
the status of the strategy developed under subsection (b)(2)(B).
(e) BARRIERS AND BENEFITS TO MICRO-GRID SYSTEMS.—
(1) REPORT.—Not later than 270 days after the date of
enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and
the Committee on Energy and Commerce of the House of Representatives a report on the benefits of, and barriers to, implementing resilient micro-grid systems that are—
(A)(i) owned or operated by an isolated community,
rural electric cooperative, or municipal government; or
(ii) operated on behalf of a municipal government or
rural electric cooperative; and
(B) designed to maximize the use of—
(i) energy-generation facilities owned or operated
by isolated communities; or
(ii) a municipal or rural electric cooperative energygeneration facility.
(2) GRANTS TO OVERCOME BARRIERS.—The Secretary shall
award grants of not more than $500,000 to not fewer than
20 municipal governments, rural electric cooperatives, or isolated communities, up to a total of $15,000,000, each year
to assist those municipal governments, rural electric cooperatives, and isolated communities in overcoming the barriers
identified in the report under paragraph (1).

Time period.

SEC. 8012. TECHNICAL AMENDMENTS; AUTHORIZATION OF APPROPRIATIONS.

(a) TECHNICAL AMENDMENTS.—
(1) ENERGY INDEPENDENCE AND SECURITY ACT OF 2007.—
Section 1(b) of the Energy Independence and Security Act of
2007 is amended in the table of contents—
(A) by inserting the following after the item related
to section 136:
‘‘Sec. 137. Research and development into integrating electric vehicles onto the
electric grid.’’;

(B) by inserting the following after the item related
to section 1304:
‘‘Sec. 1304A. Smart grid modeling, visualization, architecture, and controls.’’; and

(C) by inserting the following after the item related
to section 1309:

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‘‘Sec. 1310. Integrated energy systems.
‘‘Sec. 1311. Advisory committee.’’.

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134 STAT. 2592

PUBLIC LAW 116–260—DEC. 27, 2020
(2) ENERGY POLICY ACT OF 2005.—Section 1(b) of the Energy
Policy Act of 2005 is amended in the table of contents by
inserting the following after the item related to section 935:

‘‘Sec. 936. Research and development into integrating renewable energy onto the
electric grid.’’.

(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated—
(1) to carry out section 8006 and the amendments made
by sections 8001, 8002, and 8005 of this title—
(A) $175,000,000 for fiscal year 2021;
(B) $180,000,000 for fiscal year 2022;
(C) $185,000,000 for fiscal year 2023;
(D) $190,000,000 for fiscal year 2024; and
(E) $199,500,000 for fiscal year 2025;
(2) to carry out sections 8007, 8008, 8009, 8010, and 8011
of this title $175,000,000 for each of fiscal years 2021 through
2025;
(3) to carry out section 8003 of this title—
(A) $21,000,000 for fiscal year 2021;
(B) $22,050,000 for fiscal year 2022;
(C) $23,153,000 for fiscal year 2023;
(D) $24,310,000 for fiscal year 2024; and
(E) $25,525,000 for fiscal year 2025; and
(4) to carry out section 8004 of this title—
(A) $52,500,000 for fiscal year 2021;
(B) $55,152,000 for fiscal year 2022;
(C) $57,882,000 for fiscal year 2023;
(D) $60,775,000 for fiscal year 2024; and
(E) $63,814,000 for fiscal year 2025.

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SEC. 8013. INDIAN ENERGY.

(a) DEFINITION OF INDIAN LAND.—Section 2601(2) of the Energy
Policy Act of 1992 (25 U.S.C. 3501(2)) is amended—
(1) in subparagraph (B)(iii), by striking ‘‘and’’;
(2) in subparagraph (C), by striking ‘‘land.’’ and inserting
‘‘land;’’; and
(3) by adding at the end the following subparagraphs:
‘‘(D) any land located in a census tract in which the
majority of residents are Natives (as defined in section
3(b) of the Alaska Native Claims Settlement Act (43 U.S.C.
1602(b))); and
‘‘(E) any land located in a census tract in which the
majority of residents are persons who are enrolled members
of a federally recognized Tribe or village.’’.
(b) REDUCTION OF COST SHARE.—Section 2602(b)(5) of the
Energy Policy Act of 1992 (25 U.S.C. 3502(b)(5)) is amended by
adding at the end the following subparagraphs:
‘‘(D) The Secretary of Energy may reduce any applicable
cost share required of an Indian tribe, intertribal organization,
or tribal energy development organization in order to receive
a grant under this subsection to not less than 10 percent
if the Indian tribe, intertribal organization, or tribal energy
development organization meets criteria developed by the Secretary of Energy, including financial need.

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134 STAT. 2593

‘‘(E) Section 988 of the Energy Policy Act of 2005 (42
U.S.C. 16352) shall not apply to assistance provided under
this subsection.’’.
(c) AUTHORIZATION OF APPROPRIATIONS.—Section 2602(b)(7) of
the Energy Policy Act of 1992 (25 U.S.C. 3502(b)(7)) is amended
by striking ‘‘ $20,000,000 for each of fiscal years 2006 through
2016’’ and inserting ‘‘ $30,000,000 for each of fiscal years 2021
through 2025’’.

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SEC. 8014. REPORT ON ELECTRICITY ACCESS AND RELIABILITY.

(a) ASSESSMENT.—The Secretary of Energy shall conduct an
assessment of the status of access to electricity by households
residing in Tribal communities or on Indian land, and the reliability
of electric service available to households residing in Tribal communities or on Indian land, as compared to the status of access to
and reliability of electricity within neighboring States or within
the State in which Indian land is located.
(b) CONSULTATION.—The Secretary of Energy shall consult with
Indian Tribes, Tribal organizations, the North American Electricity
Reliability Corporation, and the Federal Energy Regulatory
Commission in the development and conduct of the assessment
under subsection (a). Indian Tribes and Tribal organizations shall
have the opportunity to review and make recommendations
regarding the development of the assessment and the findings
of the assessment, prior to the submission of the report under
subsection (c).
(c) REPORT.—Not later than 18 months after the date of enactment of this Act, the Secretary of Energy shall submit to the
Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of
the Senate a report on the results of the assessment conducted
under subsection (a), which shall include—
(1) a description of generation, transmission, and distribution assets available to provide electricity to households residing
in Tribal communities or on Indian land;
(2) a survey of the retail and wholesale prices of electricity
available to households residing in Tribal communities or on
Indian land;
(3) a description of participation of Tribal members in
the electric utility workforce, including the workforce for
construction and maintenance of renewable energy resources
and distributed energy resources;
(4) the percentage of households residing in Tribal communities or on Indian land that do not have access to electricity;
(5) the potential of distributed energy resources to provide
electricity to households residing in Tribal communities or on
Indian land;
(6) the potential for tribally-owned electric utilities or electric utility assets to participate in or benefit from regional
electricity markets;
(7) a description of the barriers to providing access to
electric service to households residing in Tribal communities
or on Indian land; and
(8) recommendations to improve access to and reliability
of electric service for households residing in Tribal communities
or on Indian land.
(d) DEFINITIONS.—In this section:

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Review.
Recommendations.

Survey.

Recommendations.

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134 STAT. 2594

PUBLIC LAW 116–260—DEC. 27, 2020
(1) TRIBAL MEMBER.—The term ‘‘Tribal member’’ means
a person who is an enrolled member of a federally recognized
Tribe or village.
(2) TRIBAL COMMUNITY.—The term ‘‘Tribal community’’
means a community in a United States census tract in which
the majority of residents are persons who are enrolled members
of a federally recognized Tribe or village.

SEC. 8015. NET METERING STUDY AND EVALUATION.
Deadline.
Contracts.

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Internet.

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(a) IN GENERAL.—Not later than 180 days after the date of
enactment of this Act, the Secretary of Energy shall seek to enter
into an agreement with the National Academies of Sciences,
Engineering, and Medicine (referred to in this section as the
‘‘National Academies’’) under which the National Academies shall—
(1) study the opportunities and challenges associated with
net metering; and
(2) evaluate the expected medium- and long-term impacts
of net metering.
(b) ELEMENTS.—The study and evaluation conducted pursuant
to the agreement entered into under subsection (a) shall address—
(1) developments in net metering, including the emergence
of new technologies;
(2) alternatives to existing metering systems that—
(A) provide for transactions that—
(i) measure electric energy consumption by an electric consumer at the home or facility of that electric
consumer; and
(ii) are capable of sending electric energy usage
information through a communications network to an
electric utility;
(B) promote equitable distribution of resources and
costs; and
(C) provide incentives for the use of distributed renewable generation;
(3) net metering planning and operating techniques;
(4) effective architecture for net metering;
(5) successful net metering business models;
(6) consumer and industry incentives for net metering;
(7) the role of renewable resources in the electric grid;
(8) the role of net metering in developing future models
for renewable infrastructure; and
(9) the use of battery storage with net metering.
(c) REPORT.—
(1) IN GENERAL.—The agreement entered into under subsection (a) shall require the National Academies to submit
to the Secretary of Energy, not later than 2 years after entering
into the agreement, a report that describes the results of the
study and evaluation conducted pursuant to the agreement.
(2) PUBLIC AVAILABILITY.—The report submitted under
paragraph (1) shall be made available to the public through
electronic means, including the internet.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2595

TITLE IX—DEPARTMENT OF ENERGY
INNOVATION

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SEC. 9001. OFFICE OF TECHNOLOGY TRANSITIONS.

Section 1001 of the Energy Policy Act of 2005 (42 U.S.C. 16391)
is amended—
(1) by striking subsection (a) and all that follows through
‘‘The Coordinator’’ in subsection (b) and inserting the following:
‘‘(a) OFFICE OF TECHNOLOGY TRANSITIONS.—
‘‘(1) ESTABLISHMENT.—There is established within the
Department an Office of Technology Transitions (referred to
in this section as the ‘Office’).
‘‘(2) MISSION.—The mission of the Office shall be—
‘‘(A) to expand the commercial impact of the research
investments of the Department; and
‘‘(B) to focus on commercializing technologies that support the missions of the Department, including reducing
greenhouse gas emissions and other pollutants.
‘‘(3) GOALS.—
‘‘(A) IN GENERAL.—In carrying out the mission and
activities of the Office, the Chief Commercialization Officer
appointed under paragraph (4) shall, with respect to
commercialization activities, meet all of the goals described
in subparagraph (B).
‘‘(B) GOALS DESCRIBED.—The goals referred to in
subparagraph (A) are the following:
‘‘(i) Reduction of greenhouse gas emissions and
other pollutants.
‘‘(ii) Ensuring economic competitiveness.
‘‘(iii) Enhancement of domestic energy security and
national security.
‘‘(iv) Enhancement of domestic jobs.
‘‘(v) Improvement of energy efficiency.
‘‘(vi) Any other goals to support the transfer of
technology developed by Department-funded programs
to the private sector, as consistent with missions of
the Department.
‘‘(4) CHIEF COMMERCIALIZATION OFFICER.—
‘‘(A) IN GENERAL.—The Office shall be headed by an
officer, who shall be known as the ‘Chief Commercialization
Officer’, and who shall report directly to, and be appointed
by, the Secretary.
‘‘(B) PRINCIPAL ADVISOR.—The Chief Commercialization
Officer shall be the principal advisor to the Secretary on
all matters relating to technology transfer and commercialization.
‘‘(C) QUALIFICATIONS.—The Chief Commercialization
Officer’’;
(2) in subsection (c)—
(A) in paragraph (1), by striking ‘‘subsection (d)’’ and
inserting ‘‘subsection (b)’’;
(B) by redesignating paragraphs (1) through (4) as
clauses (i) through (iv), respectively, and indenting appropriately; and
(C) by striking the subsection designation and heading
and all that follows through ‘‘The Coordinator’’ in the

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PUBLIC LAW 116–260—DEC. 27, 2020

matter preceding clause (i) (as so redesignated) and
inserting the following:
‘‘(D) DUTIES.—The Chief Commercialization Officer’’;
(3) by adding at the end of subsection (a) (as amended
by paragraph (2)(C)) the following:
‘‘(5) COORDINATION.—In carrying out the mission and activities of the Office, the Chief Commercialization Officer shall
coordinate with the senior leadership of the Department, other
relevant program offices of the Department, National Laboratories, the Technology Transfer Working Group established
under subsection (b), the Technology Transfer Policy Board,
and other stakeholders (including private industry).’’;
(4) by redesignating subsections (d) through (h) as subsections (b) through (f), respectively;
(5) in subsection (f) (as so redesignated), by striking ‘‘subsection (e)’’ and inserting ‘‘subsection (c)’’; and
(6) by adding at the end the following:
‘‘(g) ADDITIONAL TECHNOLOGY TRANSFER PROGRAMS.—The Secretary may develop additional programs to—
‘‘(1) support regional energy innovation systems;
‘‘(2) support clean energy incubators;
‘‘(3) provide small business vouchers;
‘‘(4) provide financial and technical assistance for entrepreneurial fellowships at national laboratories;
‘‘(5) encourage students, energy researchers, and national
laboratory employees to develop entrepreneurial skillsets and
engage in entrepreneurial opportunities;
‘‘(6) support private companies and individuals in
partnering with National Laboratories; and
‘‘(7) further support the mission and goals of the Office.’’.
42 USC 16391
note.

SEC. 9002. LAB PARTNERING SERVICE PILOT PROGRAM.

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Website.

Website.

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(a) PILOT PROGRAM.—
(1) IN GENERAL.—The Secretary of Energy (in this section
referred to as the ‘‘Secretary’’), acting through the Chief
Commercialization Officer established in section 1001(a) of the
Energy Policy Act of 2005 (42 U.S.C. 16391(a)), shall establish
a Lab Partnering Service Pilot Program (hereinafter in this
section referred to as the ‘‘pilot program’’).
(2) PURPOSES.—The purposes of the pilot program are to
provide services that encourage and support partnerships
between the National Laboratories and public and private
sector entities, and to improve communication of research,
development, demonstration, and commercial application
projects and opportunities at the National Laboratories to
potential partners through the development of a website and
the provision of services, in collaboration with relevant external
entities, and to identify and develop metrics regarding the
effectiveness of such partnerships.
(3) ACTIVITIES.—In carrying out this pilot program, the
Secretary shall—
(A) conduct outreach to and engage with relevant
public and private entities;
(B) identify and disseminate best practices for strengthening connections between the National Laboratories and
public and private sector entities; and
(C) develop a website to disseminate information on—

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(i) different partnering mechanisms for working
with the National Laboratories;
(ii) National Laboratory experts and research
areas; and
(iii) National Laboratory facilities and user facilities.
(b) METRICS.—The Secretary shall support the development
of metrics, including conversion metrics, to determine the effectiveness of the pilot program in achieving the purposes in subsection
(a) and the number and types of partnerships established between
public and private sector entities and the National Laboratories
compared to baseline data.
(c) COORDINATION.—In carrying out the activities authorized
in this section, the Secretary shall coordinate with the Directors
of (and dedicated technology transfer staff at) the National Laboratories, in particular for matchmaking services for individual
projects, which should be led by the National Laboratories.
(d) FUNDING EMPLOYEE PARTNERING ACTIVITIES.—The Secretary shall delegate to the Directors of each National Laboratory
and single-purpose research facility of the Department the authority
to compensate National Laboratory employees providing services
under this section.
(e) DURATION.—Subject to the availability of appropriations,
the pilot program established in this section shall operate for not
less than 3 years and may be built off an existing program.
(f) EVALUATION.—Not later than 6 months after the completion
of this pilot program, the Secretary shall support the evaluation
of the success of the pilot program in achieving the purposes in
subsection (a) and shall submit the evaluation to the Committee
on Science, Space, and Technology of the House of Representatives
and the Committee on Energy and Natural Resources of the Senate.
The assessment shall include analyses of the performance of the
pilot program based on the metrics developed under subsection
(b).
(g) DEFINITION.—In this section, the term ‘‘National Laboratory’’
has the meaning given such term in section 2(3) of the Energy
Policy Act of 2005 (42 U.S.C. 15801(3)).

Deadline.

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SEC. 9003. TECHNOLOGY COMMERCIALIZATION FUND.

Section 1001(e) of the Energy Policy Act of 2005 (42 U.S.C.
16391(e)) is amended to read as follows:
‘‘(e) TECHNOLOGY COMMERCIALIZATION FUND.—
‘‘(1) ESTABLISHMENT.—The Secretary, acting through the
Chief Commercialization Officer established in section 1001(a)
of the Energy Policy Act of 2005 (42 U.S.C. 16391(a)), shall
establish a Technology Commercialization Fund (hereafter
referred to as the ‘Fund’), using nine-tenths of one percent
of the amount of appropriations made available to the Department for applied energy research, development, demonstration,
and commercial application for each fiscal year, to be used
to provide, in accordance with the cost-sharing requirements
under section 988, funds to private partners, including national
laboratories, to promote promising energy technologies for
commercial purposes.
‘‘(2) APPLICATIONS.—

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134 STAT. 2598
Criteria.

Summary.

Recommendations.
Analysis.

PUBLIC LAW 116–260—DEC. 27, 2020

‘‘(A) CONSIDERATIONS.—The Secretary shall develop criteria for evaluating applications for funding under this
section, which may include—
‘‘(i) the potential that a proposed technology will
result in a commercially successful product within a
reasonable timeframe; and
‘‘(ii) the relative maturity of a proposed technology
for commercial application.
‘‘(B) SELECTIONS.—In awarding funds under this section, the Secretary may give special consideration to
applications that involve at least one applicant that has
participated in an entrepreneurial or commercialization
training program, such as Energy Innovation Corps.
‘‘(f) ANNUAL REPORT.—The Secretary shall include in the annual
report required under section 9007(a) of the Energy Act of 2020—
‘‘(1) description of the projects carried out with awards
from the Fund for that fiscal year;
‘‘(2) each project’s cost-share for that fiscal year; and
‘‘(3) each project’s partners for that fiscal year.
‘‘(g) TECHNOLOGY COMMERCIALIZATION FUND REPORT.—
‘‘(1) IN GENERAL.—Not later than 1 year after the date
of enactment of the Energy Act of 2020, the Secretary shall
submit to the Committee on Science, Space, and Technology
and Committee on Appropriations of the House of Representatives and the Committee on Energy and Natural Resources
and Committee on Appropriations of the Senate a report on
the current and recommended implementation of the Fund.
‘‘(2) CONTENTS.—The report under subparagraph (A) shall
include—
‘‘(A) a summary, with supporting data, of how much
Department program offices contribute to and use the Fund
each year, including a list of current funding restrictions;
‘‘(B) recommendations on how to improve implementation and administration of the Fund; and
‘‘(C) an analysis on how to spend funds optimally on
technology areas that have the greatest need and opportunity for commercial application, rather than spending
funds at the programmatic level or under current funding
restrictions.’’.

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SEC. 9004. STREAMLINING PRIZE COMPETITIONS.

Section 1008 of the Energy Policy Act of 2005 (42 U.S.C. 16396)
is amended by inserting after subsection (d) the following (and
redesignating subsections (f) and (g) as subsections (g) and (h),
respectively):
‘‘(e) COORDINATION.—In carrying out subsection (a), and for
any prize competitions under section 105 of the America Creating
Opportunities to Meaningfully Promote Excellence in Technology,
Education, and Science Reauthorization Act of 2010, the Secretary
shall—
‘‘(1) issue Department-wide guidance on the design,
development, and implementation of prize competitions;
‘‘(2) collect and disseminate best practices on the design
and administration of prize competitions;
‘‘(3) streamline contracting mechanisms for the
implementation of prize competitions; and

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134 STAT. 2599

‘‘(4) provide training and prize competition design support,
as necessary, to Department staff to develop prize competitions
and challenges.’’.
SEC. 9005. MILESTONE-BASED DEMONSTRATION PROJECTS.

(a) IN GENERAL.—Acting under section 646(g) of the Department of Energy Organization Act (42 U.S.C. 7256(g)), notwithstanding paragraph (10) of such section, the Secretary of Energy
(in this section referred to as the ‘‘Secretary’’) may carry out demonstration projects as a milestone-based demonstration project that
requires particular technical and financial milestones to be met
before a participant is awarded grants by the Department through
a competitive award process.
(b) REQUIREMENTS.—In carrying out milestone-based demonstration projects under the authority in paragraph (1), the Secretary shall, for each relevant project—
(1) request proposals from eligible entities, as determined
by the Secretary, including—
(A) a business plan, that may include a plan for scalable manufacturing and a plan for addressing supply chain
gaps;
(B) a plan for raising private sector investment; and
(C) proposed technical and financial milestones,
including estimated project timelines and total costs; and
(2) award funding of a predetermined amount to projects
that successfully meet proposed milestones under paragraph
(1)(C) or for expenses deemed reimbursable by the Secretary,
in accordance with terms negotiated for an individual award;
(3) require cost sharing in accordance with section 988
of the Energy Policy Act of 2005; and
(4) communicate regularly with selected eligible entities
and, if the Secretary deems appropriate, exercise small amounts
of flexibility for technical and financial milestones as projects
mature.
(c) AWARDS.—For the program established under subsection
(a)—
(1) an award recipient shall be responsible for all costs
until milestones are achieved, or reimbursable expenses are
reviewed and verified by the Department; and
(2) should an awardee not meet the milestones described
in subsection (a), the Secretary or their designee may end
the partnership with an award recipient and use the remaining
funds in the ended agreement for new or existing projects
carried out under this section.
(d) PROJECT MANAGEMENT.—In carrying out projects under this
program and assessing the completion of their milestones in accordance with subsection (b), the Secretary shall consult with experts
that represent diverse perspectives and professional experiences,
including those from the private sector, to ensure a complete and
thorough review.
(e) REPORT.—In accordance with section 9007(a), the Secretary
shall report annually on any demonstration projects carried out
using the authorities under this section.

42 USC 7256c.

Proposals.
Determination.
Plans.

Estimates.

Review.

Consultation.

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SEC. 9006. OTHER TRANSACTION AUTHORITY EXTENSION.

(a) Subsection 646(g)(10) of the Department of Energy
Organization Act (42 U.S.C. 7256(g)(10)) is amended by striking
‘‘September 30, 2020’’ and inserting ‘‘September 30, 2030’’.

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134 STAT. 2600
Applicability.
42 USC 16237
note.

(b) The provisions of section 602 of the Public Works and
Economic Development Act of 1965 (42 U.S.C. 3212) shall apply
with respect to construction, alteration, or repair work of demonstration projects funded by grants or contracts authorized under sections
3001, 3003, 3004, 5001, and 8007 and the amendments made by
such sections.

42 USC 16391a.

SEC. 9007. TECHNOLOGY TRANSFER REPORTS AND EVALUATION.

(a) ANNUAL REPORT.—As part of the updated technology
transfer execution plan required each year under section 1001(h)(2)
of the Energy Policy Act of 2005 (42 U.S.C. 16391(g)(2)), the Secretary of Energy (in this section referred to as the ‘‘Secretary’’)
shall submit to the Committee on Science, Space, and Technology
of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate a report on the progress
and implementation of programs established under sections 9001,
9002, 9003, 9004, and 9005 of this Act.
(b) EVALUATION.—Not later than 3 years after the enactment
of this Act and every 3 years thereafter the Secretary shall submit
to the Committee on Science, Space, and Technology of the House
of Representatives and the Committee on Energy and Natural
Resources of the Senate an evaluation on the extent to which
programs established under sections 9001, 9002, 9003, 9004, and
9005 of this Act are achieving success based on relevant shortterm and long-term metrics.
(c) REPORT ON TECHNOLOGY TRANSFER GAPS.—Not later than
3 years after the enactment of this Act, the Secretary shall enter
into an agreement with the National Academies of Science,
Engineering, and Medicine to submit to the Committee on Science,
Space, and Technology of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a report
on programmatic gaps that exist to advance the commercial application of technologies developed at the National Laboratories (as
defined in section 2(3) of the Energy Policy Act of 2005 (42 U.S.C.
15801(3))).

Deadline.
Time period.

Contracts.

15 USC 5544.

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PUBLIC LAW 116–260—DEC. 27, 2020

SEC. 9008. VETERANS’ HEALTH INITIATIVE.

(a) PURPOSES.—The purposes of this section are to advance
Department of Energy expertise in artificial intelligence and highperformance computing in order to improve health outcomes for
veteran populations by—
(1) supporting basic research through the application of
artificial intelligence, high-performance computing, modeling
and simulation, machine learning, and large-scale data analytics to identify and solve outcome-defined challenges in the
health sciences;
(2) maximizing the impact of the Department of Veterans
Affairs’ health and genomics data housed at the National Laboratories, as well as data from other sources, on science, innovation, and health care outcomes through the use and advancement of artificial intelligence and high-performance computing
capabilities of the Department;
(3) promoting collaborative research through the establishment of partnerships to improve data sharing between Federal
agencies, National Laboratories, institutions of higher education, and nonprofit institutions;

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134 STAT. 2601

(4) establishing multiple scientific computing user facilities
to house and provision available data to foster transformational
outcomes; and
(5) driving the development of technology to improve artificial intelligence, high-performance computing, and networking
relevant to mission applications of the Department, including
modeling, simulation, machine learning, and advanced data
analytics.
(b) VETERANS HEALTH RESEARCH AND DEVELOPMENT.—
(1) IN GENERAL.—The Secretary of Energy (in this section
referred to as the ‘‘Secretary’’) shall establish and carry out
a research program in artificial intelligence and high-performance computing, focused on the development of tools to solve
large-scale data analytics and management challenges associated with veteran’s healthcare, and to support the efforts of
the Department of Veterans Affairs to identify potential health
risks and challenges utilizing data on long-term healthcare,
health risks, and genomic data collected from veteran populations. The Secretary shall carry out this program through
a competitive, merit-reviewed process, and consider applications
from National Laboratories, institutions of higher education,
multi-institutional collaborations, and other appropriate entities.
(2) PROGRAM COMPONENTS.—In carrying out the program
established under paragraph (1), the Secretary may—
(A) conduct basic research in modeling and simulation,
machine learning, large-scale data analytics, and predictive
analysis in order to develop novel or optimized algorithms
for prediction of disease treatment and recovery;
(B) develop methods to accommodate large data sets
with variable quality and scale, and to provide insight
and models for complex systems;
(C) develop new approaches and maximize the use
of algorithms developed through artificial intelligence,
machine learning, data analytics, natural language processing, modeling and simulation, and develop new algorithms suitable for high-performance computing systems
and large biomedical data sets;
(D) advance existing and construct new data enclaves
capable of securely storing data sets provided by the
Department of Veterans Affairs, Department of Defense,
and other sources; and
(E) promote collaboration and data sharing between
National Laboratories, research entities, and user facilities
of the Department by providing the necessary access and
secure data transfer capabilities.
(3) COORDINATION.—In carrying out the program established under paragraph (1), the Secretary is authorized—
(A) to enter into memoranda of understanding in order
to carry out reimbursable agreements with the Department
of Veterans Affairs and other entities in order to maximize
the effectiveness of Department research and development
to improve veterans’ healthcare;
(B) to consult with the Department of Veterans Affairs
and other Federal agencies as appropriate; and
(C) to ensure that data storage meets all privacy and
security requirements established by the Department of

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Consultation.

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Evaluation.

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Veterans Affairs, and that access to data is provided in
accordance with relevant Department of Veterans Affairs
data access policies, including informed consent.
(4) REPORT.—Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the Committee
on Energy and Natural Resources and the Committee on Veterans’ Affairs of the Senate, and the Committee on Science,
Space, and Technology and the Committee on Veterans’ Affairs
of the House of Representatives, a report detailing the effectiveness of—
(A) the interagency coordination between each Federal
agency involved in the research program carried out under
this subsection;
(B) collaborative research achievements of the program;
and
(C) potential opportunities to expand the technical
capabilities of the Department.
(5) FUNDING.—There is authorized to be appropriated to
the Secretary of Veterans Affairs to carry out this subsection
$27,000,000 for fiscal year 2021.
(c) INTERAGENCY COLLABORATION.—
(1) IN GENERAL.—The Secretary is authorized to carry out
research, development, and demonstration activities to develop
tools to apply to big data that enable Federal agencies, institutions of higher education, nonprofit research organizations, and
industry to better leverage the capabilities of the Department
to solve complex, big data challenges. The Secretary shall carry
out these activities through a competitive, merit-reviewed
process, and consider applications from National Laboratories,
institutions of higher education, multi-institutional collaborations, and other appropriate entities.
(2) ACTIVITIES.—In carrying out the research, development,
and demonstration activities authorized under paragraph (1),
the Secretary may—
(A) utilize all available mechanisms to prevent duplication and coordinate research efforts across the Department;
(B) establish multiple user facilities to serve as data
enclaves capable of securely storing data sets created by
Federal agencies, institutions of higher education, nonprofit
organizations, or industry at National Laboratories; and
(C) promote collaboration and data sharing between
National Laboratories, research entities, and user facilities
of the Department by providing the necessary access and
secure data transfer capabilities.
(3) REPORT.—Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the Committee
on Energy and Natural Resources of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report evaluating the effectiveness of the activities authorized under paragraph (1).
(4) FUNDING.—There are authorized to be appropriated to
the Secretary to carry out this subsection $15,000,000 for each
of fiscal years 2021 through 2025.
(d) DEFINITION.—In this section, the term ‘‘National Laboratory’’ has the meaning given such term in section 2(3) of the Energy
Policy Act of 2005 (42 U.S.C. 15801(3)).

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2603

SEC. 9009. SUSTAINABLE TRANSPORTATION RESEARCH AND DEVELOPMENT.

There are authorized to be appropriated to carry out research,
development, demonstration, and commercial application activities
within the Department of Energy’s Offices of Hydrogen and Fuel
Cell Technologies, Vehicle Technologies, and Bioenergy Technologies—
(1) $830,000,000 for fiscal year 2021;
(2) $855,000,000 for fiscal year 2022; and
(3) $880,000,000 for fiscal year 2023.

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SEC. 9010. LOAN PROGRAM OFFICE TITLE XVII REFORM.

(a) TERMS AND CONDITIONS.—Section 1702 of the Energy Policy
Act of 2005 (42 U.S.C. 16512) is amended—
(1) by amending subsection (b) to read as follows:
‘‘(b) SPECIFIC APPROPRIATION OR CONTRIBUTION.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
the cost of a guarantee shall be paid by the Secretary using
an appropriation made for the cost of the guarantee, subject
to the availability of such an appropriation.
‘‘(2) INSUFFICIENT APPROPRIATIONS.—If sufficient appropriated funds to pay the cost of a guarantee are not available,
then the guarantee shall not be made unless—
‘‘(A) the Secretary has received from the borrower a
payment in full for the cost of the guarantee and deposited
the payment into the Treasury; or
‘‘(B) a combination of one or more appropriations and
one or more payments from the borrower under this subsection has been made that is sufficient to cover the cost
of the guarantee.’’;
(2) in subsection (d)(3), by striking ‘‘is not subordinate’’
and inserting ‘‘, including any reorganization, restructuring,
or termination thereof, shall not at any time be subordinate’’;
(3) in subsection (h)—
(A) by amending paragraph (1) to read as follows:
‘‘(1) IN GENERAL.—The Secretary shall charge, and collect
on or after the date of the financial close of an obligation,
a fee for a guarantee in an amount that the Secretary determines is sufficient to cover applicable administrative expenses
(including any costs associated with third-party consultants
engaged by the Secretary).’’; and
(B) by adding at the following:
‘‘(3) REDUCTION IN FEE AMOUNT.—Notwithstanding paragraph (1) and subject to the availability of appropriations, the
Secretary may reduce the amount of a fee for a guarantee
under this subsection.’’; and
(4) by adding at the end the following:
‘‘(l) RESTRUCTURING OF LOAN GUARANTEES.—The Secretary
shall consult with the Secretary of the Treasury regarding any
restructuring of the terms or conditions of a guarantee issued
pursuant to this title, including with respect to any deviations
from the financial terms of the guarantee.
‘‘(m) WRITTEN ANALYSIS.—
‘‘(1) REQUIREMENT.—The Secretary may not make a guarantee under this title until the Secretary of the Treasury has
transmitted to the Secretary, and the Secretary has taken

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Fee.
Determination.

Consultation.

Deadlines.

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Deadlines.

Summary.
Lists.

Estimate.

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List.

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into consideration, a written analysis of the financial terms
and conditions of the proposed guarantee.
‘‘(2) TRANSMISSION.—Not later than 30 days after receiving
information on a proposed guarantee from the Secretary, the
Secretary of the Treasury shall transmit the written analysis
of the financial terms and conditions of the proposed guarantee
required under paragraph (1) to the Secretary.
‘‘(3) EXPLANATION.—If the Secretary makes a guarantee
the financial terms and conditions of which are not consistent
with the written analysis required under this subsection, not
later than 30 days after making such guarantee, the Secretary
shall submit to the Committee on Energy and Commerce and
the Committee on Science, Space, and Technology of the House
of Representatives, and the Committee on Energy and Natural
Resources of the Senate, a written explanation of any material
inconsistencies.
‘‘(n) APPLICATION STATUS.—
‘‘(1) REQUEST.—If the Secretary does not make a final
decision on an application for a guarantee under this title
by the date that is 180 days after receipt of the application
by the Secretary, the applicant may request, on or after that
date and not more than once every 60 days thereafter until
a final decision is made, that the Secretary provide to the
applicant a response described in paragraph (2).
‘‘(2) RESPONSE.—Not later than 10 days after receiving
a request from an applicant under paragraph (1), the Secretary
shall provide to the applicant a response that includes—
‘‘(A) a description of the current status of review of
the application;
‘‘(B) a summary of any factors that are delaying a
final decision on the application, a list of what items are
required in order to reach a final decision, citations to
authorities stating the reasons why such items are
required, and a list of actions the applicant can take to
expedite the process; and
‘‘(C) an estimate of when a final decision on the application will be made.
‘‘(o) OUTREACH.—In carrying out this title, the Secretary shall—
‘‘(1) provide assistance with the completion of applications
for a guarantee under this title;
‘‘(2) conduct outreach, including through conferences and
online programs, to disseminate information to potential
applicants;
‘‘(3) conduct outreach to encourage participation of supporting finance institutions and private lenders in eligible
projects.
‘‘(p) COORDINATION.—In carrying out this title, the Secretary
shall coordinate activities under this title with activities of other
relevant offices with the Department.
‘‘(q) REPORT.—Not later than 2 years after the date of the
enactment of this subsection and every 3 years thereafter, the
Secretary shall submit to Congress a report on the status of applications for, and projects receiving, guarantees under this title,
including—
‘‘(1) a list of such projects, including the guarantee amount,
construction status, and financing partners of each such project;

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‘‘(2) the status of each such project’s loan repayment,
including interest paid and future repayment projections;
‘‘(3) an estimate of the air pollutant or greenhouse gas
emissions avoided or reduced from each such project;
‘‘(4) data regarding the number of direct and indirect jobs
retained, restored, or created by such projects;
‘‘(5) identification of—
‘‘(A) technologies deployed by projects that have
received guarantees that have subsequently been deployed
commercially without guarantees; and
‘‘(B) novel technologies that have been deployed by
such projects and deployed in the commercial energy
market;
‘‘(6) the number of new projects projected to receive a
guarantee under this title during the next 2 years and the
aggregate guarantee amount;
‘‘(7) the number of outreach engagements conducted with
potential applicants;
‘‘(8) the number of applications received and currently
pending for each open solicitation; and
‘‘(9) any other metrics the Secretary finds appropriate.’’.
(b) PROJECT ELIGIBILITY EXPANSION.—Section 1703 of the
Energy Policy Act of 2005 (42 U.S.C. 16513) is amended—
(1) in subsection (a)—
(A) in paragraph (1), by inserting ‘‘, utilize’’ after
‘‘reduce’’; and
(B) in paragraph (2), by striking ‘‘.’’ and inserting ‘‘,
including projects that employ elements of commercial technologies in combination with new or significantly improved
technologies.’’;
(2) in subsection (b)—
(A) in paragraph (4), by inserting ‘‘, including manufacturing of nuclear supply components for advanced nuclear
reactors’’ after ‘‘facilities’’;
(B) by amending paragraph (5) to read as follows:
‘‘(5) Carbon capture, utilization, and sequestration practices
and technologies, including—
‘‘(A) agricultural and forestry practices that store and
sequester carbon; and
‘‘(B) synthetic technologies to remove carbon from the
air and oceans.’’; and
(C) by adding at the end the following:
‘‘(11) Energy storage technologies for residential, industrial,
transportation, and power generation applications.
‘‘(12) Technologies or processes for reducing greenhouse
gas emissions from industrial applications, including iron, steel,
cement, and ammonia production, hydrogen production, and
the generation of high-temperature heat.’’; and
(3) by adding at the end the following new subsection:
‘‘(f) REGIONAL VARIATION.—Notwithstanding subsection (a)(2),
the Secretary may, if regional variation significantly affects the
deployment of a technology, make guarantees under this title for
up to 6 projects that employ the same or similar technology as
another project, provided no more than 2 projects that use the
same or a similar technology are located in the same region of
the United States.’’.

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Data.

Time period.

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(c) AUTHORIZATION OF APPROPRIATIONS.—Section 1704 of the
Energy Policy Act of 2005 (42 U.S.C. 16514) is amended by adding
at the end the following:
‘‘(c) ADMINISTRATIVE AND OTHER EXPENSES.—There are authorized to be appropriated—
‘‘(1) $32,000,000 for each of fiscal years 2021 through 2025
to carry out this title; and
‘‘(2) for fiscal year 2021, in addition to amounts authorized
under paragraph (1), $25,000,000, to remain available until
expended, for administrative expenses described in section
1702(h)(1) that are not covered by fees collected pursuant to
section 1702(h).’’.

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SEC. 9011. ESTABLISHED PROGRAM TO STIMULATE COMPETITIVE
RESEARCH.

Section 2203(b) of the Energy Policy Act of 1992 (42 U.S.C.
13503(b)) is amended by striking paragraph (3) and inserting the
following:
‘‘(3) ESTABLISHED PROGRAM TO STIMULATE COMPETITIVE
RESEARCH.—
‘‘(A) DEFINITIONS.—In this paragraph:
‘‘(i) ELIGIBLE ENTITY.—The term ‘eligible entity’
means an institution of higher education located in
an eligible jurisdiction.
‘‘(ii) ELIGIBLE JURISDICTION.—The term ‘eligible
jurisdiction’ means a State that, as determined by the
Secretary—
‘‘(I)(aa) historically has received relatively
little Federal research and development funding;
and
‘‘(bb) has demonstrated a commitment—
‘‘(AA) to develop the research bases in the
State; and
‘‘(BB) to improve science and engineering
research and education programs at institutions of higher education in the State; and
‘‘(II) is an eligible jurisdiction under the criteria used by the Secretary to make awards under
this paragraph on the day before the date of enactment of the Energy Act of 2020.
‘‘(iii) EPSCOR.—The term ‘EPSCoR’ means the
Established Program to Stimulate Competitive
Research operated under subparagraph (B).
‘‘(iv) NATIONAL LABORATORY.—The term ‘National
Laboratory’ has the meaning given the term in section
2 of the Energy Policy Act of 2005 (42 U.S.C. 15801).
‘‘(v) STATE.—The term ‘State’ means—
‘‘(I) a State;
‘‘(II) the District of Columbia;
‘‘(III) the Commonwealth of Puerto Rico;
‘‘(IV) Guam;
‘‘(V) the United States Virgin Islands;
‘‘(VI) American Samoa; and
‘‘(VII) the Commonwealth of the Northern
Mariana Islands.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2607

‘‘(B) PROGRAM OPERATION.—The Secretary shall
operate an Established Program to Stimulate Competitive
Research.
‘‘(C) OBJECTIVES.—The objectives of EPSCoR shall be—
‘‘(i) to increase the number of researchers at
institutions of higher education in eligible jurisdictions
capable of performing nationally competitive science
and engineering research in support of the mission
of the Department of Energy in the areas of applied
energy research, environmental management, and
basic science;
‘‘(ii) to enhance the capabilities of institutions of
higher education in eligible jurisdictions to develop,
plan, and execute research that is competitive in the
peer-review process; and
‘‘(iii) to increase the probability of long-term
growth of competitive funding to institutions of higher
education in eligible jurisdictions.
‘‘(D) GRANTS IN AREAS OF APPLIED ENERGY RESEARCH,
ENVIRONMENTAL MANAGEMENT, AND BASIC SCIENCE.—
‘‘(i) IN GENERAL.—EPSCoR shall make grants to
eligible entities to carry out and support applied energy
research and research in all areas of environmental
management and basic science sponsored by the
Department of Energy, including—
‘‘(I) energy efficiency, fossil energy, renewable
energy, and other applied energy research;
‘‘(II) electricity delivery research;
‘‘(III) cybersecurity, energy security, and emergency response;
‘‘(IV) environmental management; and
‘‘(V) basic science research.
‘‘(ii) ACTIVITIES.—EPSCOR may make grants
under this subparagraph for any activities consistent
with the objectives described in subparagraph (C) in
the areas of applied energy research, environmental
management, and basic science described in clause
(i), including—
‘‘(I) to support research at eligible entities that
is carried out in partnership with the National
Laboratories;
‘‘(II) to provide for graduate traineeships;
‘‘(III) to support research by early career faculty; and
‘‘(IV) to improve research capabilities at
eligible entities through biennial implementation
grants.
‘‘(iii) NO COST SHARING.—EPSCoR shall not impose
any cost-sharing requirement with respect to a grant
made under this subparagraph.
‘‘(E) OTHER ACTIVITIES.—EPSCoR may carry out such
activities as may be necessary to meet the objectives
described in subparagraph (C) in the areas of applied
energy research, environmental management, and basic
science described in subparagraph (D)(i).
‘‘(F) PROGRAM IMPLEMENTATION.—

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134 STAT. 2608

PUBLIC LAW 116–260—DEC. 27, 2020
‘‘(i) IN GENERAL.—Not later than 270 days after
the date of enactment of the Energy Act of 2020, the
Secretary shall submit to the Committees on Energy
and Natural Resources and Appropriations of the
Senate and the Committees on Energy and Commerce
and Appropriations of the House of Representatives
a plan describing how the Secretary shall implement
EPSCoR.
‘‘(ii) CONTENTS OF PLAN.—The plan described in
clause (i) shall include a description of—
‘‘(I) the management structure of EPSCoR,
which shall ensure that all research areas and
activities described in this paragraph are incorporated into EPSCoR;
‘‘(II) efforts to conduct outreach to inform
eligible entities and faculty of changes to, and
opportunities under, EPSCoR;
‘‘(III) how EPSCoR plans to increase engagement with eligible entities, faculty, and State
committees, including by holding regular workshops, to increase participation in EPSCoR; and
‘‘(IV) any other issues relating to EPSCoR that
the Secretary determines appropriate.
‘‘(G) PROGRAM EVALUATION.—
‘‘(i) IN GENERAL.—Not later than 5 years after
the date of enactment of the Energy Act of 2020, the
Secretary shall contract with a federally funded
research and development center, the National
Academy of Sciences, or a similar organization to carry
out an assessment of the effectiveness of EPSCoR,
including an assessment of—
‘‘(I) the tangible progress made towards
achieving the objectives described in subparagraph
(C);
‘‘(II) the impact of research supported by
EPSCoR on the mission of the Department of
Energy; and
‘‘(III) any other issues relating to EPSCoR that
the Secretary determines appropriate.
‘‘(ii) LIMITATION.—The organization with which the
Secretary contracts under clause (i) shall not be a
National Laboratory.
‘‘(iii) REPORT.—Not later than 6 years after the
date of enactment of the Energy Act of 2020, the Secretary shall submit to the Committees on Energy and
Natural Resources and Appropriations of the Senate
and the Committees on Energy and Commerce and
Appropriations of the House of Representatives a
report describing the results of the assessment carried
out under clause (i), including recommendations for
improvements that would enable the Secretary to
achieve the objectives described in subparagraph (C).’’.

Deadline.
Plan.

Deadline.
Contracts.
Assessment.

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Recommendations.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2609

TITLE X—ARPA–E AMENDMENTS

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SEC. 10001. ARPA–E AMENDMENTS.

(a) ESTABLISHMENT.—Section 5012(b) of the America COMPETES Act (42 U.S.C. 16538(b)) is amended by striking ‘‘development of energy technologies’’ and inserting ‘‘development of transformative science and technology solutions to address the energy
and environmental missions of the Department’’.
(b) GOALS.—Section 5012(c) of the America COMPETES Act
(42 U.S.C. 16538(c)) is amended—
(1) by striking paragraph (1)(A) and inserting the following:
‘‘(A) to enhance the economic and energy security of
the United States through the development of energy technologies that—
‘‘(i) reduce imports of energy from foreign sources;
‘‘(ii) reduce energy-related emissions, including
greenhouse gases;
‘‘(iii) improve the energy efficiency of all economic
sectors;
‘‘(iv) provide transformative solutions to improve
the management, clean-up, and disposal of radioactive
waste and spent nuclear fuel; and
‘‘(v) improve the resilience, reliability, and security
of infrastructure to produce, deliver, and store energy;
and’’; and
(2) in paragraph (2), in the matter preceding subparagraph
(A), by striking ‘‘energy technology projects’’ and inserting
‘‘advanced technology projects’’.
(c) RESPONSIBILITIES.—Section 5012(e)(3)(A) of the America
COMPETES Act (42 U.S.C. 16538(e)(3)(A)) is amended by striking
‘‘energy’’.
(d) REPORTS AND ROADMAPS.—Section 5012(h) of the America
COMPETES Act (42 U.S.C. 16538(h)) is amended to read as follows:
‘‘(h) REPORTS AND ROADMAPS.—
‘‘(1) ANNUAL REPORT.—As part of the annual budget request
submitted for each fiscal year, the Director shall provide to
the relevant authorizing and appropriations committees of Congress a report that—
‘‘(A) describes projects supported by ARPA–E during
the previous fiscal year;
‘‘(B) describes projects supported by ARPA–E during
the previous fiscal year that examine topics and technologies closely related to other activities funded by the
Department, and includes an analysis of whether in supporting such projects, the Director is in compliance with
subsection (i)(1); and
‘‘(C) describes current, proposed, and planned projects
to be carried out pursuant to subsection (e)(3)(D).
‘‘(2) STRATEGIC VISION ROADMAP.—Not later than October
1, 2021, and every four years thereafter, the Director shall
provide to the relevant authorizing and appropriations committees of Congress a roadmap describing the strategic vision
that ARPA–E will use to guide the choices of ARPA–E for
future technology investments over the following 4 fiscal
years.’’.

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Deadline.
Time period.

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134 STAT. 2610

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Contracts.

PUBLIC LAW 116–260—DEC. 27, 2020

(e) COORDINATION AND NONDUPLICATION.—Section 5012(i)(1) of
the America COMPETES Act (42 U.S.C. 16538(i)(1)) is amended
to read as follows:
‘‘(1) IN GENERAL.—To the maximum extent practicable, the
Director shall ensure that—
‘‘(A) the activities of ARPA–E are coordinated with,
and do not duplicate the efforts of, programs and laboratories within the Department and other relevant research
agencies; and
‘‘(B) ARPA–E does not provide funding for a project
unless the prospective grantee demonstrates sufficient
attempts to secure private financing or indicates that the
project is not independently commercially viable.’’.
(f) EVALUATION.—Section 5012(l) of the America COMPETES
Act (42 U.S.C. 16538(l)) is amended—
(1) by striking paragraph (1) and inserting the following:
‘‘(1) IN GENERAL.—Not later than 3 years after the date
of enactment of this paragraph, the Secretary is authorized
to enter into a contract with the National Academy of Sciences
under which the National Academy shall conduct an evaluation
of how well ARPA–E is achieving the goals and mission of
ARPA–E.’’; and
(2) in paragraph (2)—
(A) in the matter preceding subparagraph (A), by
striking ‘‘shall’’ and inserting ‘‘may’’; and
(B) in subparagraph (A), by striking ‘‘the recommendation of the National Academy of Sciences’’ and inserting
‘‘a recommendation’’.
(g) AUTHORIZATION OF APPROPRIATIONS.—Paragraph (2) of section 5012(o) of the America COMPETES Act (42 U.S.C. 16538(o))
is amended to read as follows:
‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—Subject to paragraph (4), there are authorized to be appropriated to the
Director for deposit in the Fund, without fiscal year limitation—
‘‘(A) $435,000,000 for fiscal year 2021;
‘‘(B) $500,000,000 for fiscal year 2022;
‘‘(C) $575,000,000 for fiscal year 2023;
‘‘(D) $662,000,000 for fiscal year 2024; and
‘‘(E) $761,000,000 for fiscal year 2025.’’.
(h) TECHNICAL AMENDMENTS.—Section 5012 of the America
COMPETES Act (42 U.S.C. 16538) is amended—
(1) in subsection (g)(3)(A)(iii), by striking ‘‘subpart’’ each
place it appears and inserting ‘‘subparagraph’’; and
(2) in subsection (o)(4)(B), by striking ‘‘(c)(2)(D)’’ and
inserting ‘‘(c)(2)(C)’’.

TITLE XI—OTHER MATTERS

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SEC. 11001. LOW-DOSE RADIATION RESEARCH.

(a) LOW-DOSE RADIATION RESEARCH PROGRAM.—Section 306(c)
of the Department of Energy Research and Innovation Act (42
U.S.C. 18644(c)) is amended to read as follows:
‘‘(c) LOW-DOSE RADIATION RESEARCH PROGRAM.—
‘‘(1) IN GENERAL.—The Secretary shall carry out a research
program on low-dose and low dose-rate radiation to—

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2611

‘‘(A) enhance the scientific understanding of, and
reduce uncertainties associated with, the effects of exposure
to low-dose and low dose-rate radiation; and
‘‘(B) inform improved risk-assessment and riskmanagement methods with respect to such radiation.
‘‘(2) PROGRAM COMPONENTS.—In carrying out the program
required under paragraph (1), the Secretary shall—
‘‘(A) support and carry out the directives under section
106(b) of the American Innovation and Competitiveness
Act (42 U.S.C. 6601 note), except that such section shall
be treated for purposes of this subsection as applying to
low dose and low-dose rate radiation research, in coordination with the Physical Science Subcommittee of the
National Science and Technology Council;
‘‘(B) identify and, to the extent possible, quantify,
potential monetary and health-related impacts to Federal
agencies, the general public, industry, research communities, and other users of information produced by such
research program;
‘‘(C) leverage the collective body of knowledge from
existing low-dose and low dose-rate radiation research;
‘‘(D) engage with other Federal agencies, research
communities, and potential users of information produced
under this section, including institutions performing or utilizing radiation research, medical physics, radiology, health
physics, and emergency response measures; and
‘‘(E) support education and outreach activities to
disseminate information and promote public understanding
of low-dose radiation, with a focus on non-emergency situations such as medical physics, space exploration, and naturally occurring radiation.
‘‘(3) RESEARCH PLAN.—
‘‘(A) Not later than 90 days after the date of enactment
of the Energy Act of 2020, the Secretary shall enter into
an agreement with the National Academy of Sciences to
develop a long-term strategic and prioritized research
agenda for the program described in paragraph (2);
‘‘(B) Not later than one year after the date of enactment
of the Energy Act of 2020, the Secretary shall transmit
this research plan developed in subparagraph (A) to the
Committee on Science, Space, and Technology of the House
of Representatives and the Committee on Energy and Natural Resources of the Senate.
‘‘(4) GAO STUDY.—Not later than 3 years after the date
of enactment of the Energy Act of 2020, the Comptroller General shall transmit to the Committee on Science, Space, and
Technology of the House of Representatives and the Committee
on Energy and Natural Resources of the Senate, a report on:
‘‘(A) an evaluation of the program activities carried
out under this section;
‘‘(B) the effectiveness of the coordination and management of the program; and
‘‘(C) the implementation of the research plan outlined
in paragraph (3).
‘‘(6) DEFINITIONS.—In this subsection:
‘‘(A) LOW-DOSE RADIATION.—The term ‘low-dose radiation’ means a radiation dose of less than 100 millisieverts.

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Contracts.

Reports.

Evaluation.

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134 STAT. 2612

PUBLIC LAW 116–260—DEC. 27, 2020

‘‘(B) LOW DOSE-RATE RADIATION.—The term ‘low doserate radiation’ means a radiation dose rate of less than
5 millisieverts per hour.
‘‘(7) RULE OF CONSTRUCTION.—Nothing in this subsection
shall be construed to subject any research carried out by the
Secretary for the program under this subsection to any limitations described in section 977(e) of the Energy Policy Act of
2005 (42 U.S.C. 16317(e)).
‘‘(8) FUNDING.—For purposes of carrying out this subsection, the Secretary is authorized to make available from
funds provided to the Biological and Environmental Research
Program—
‘‘(A) $20,000,000 for fiscal year 2021;
‘‘(B) $20,000,000 for fiscal year 2022;
‘‘(C) $30,000,000 for fiscal year 2023; and
‘‘(D) $40,000,000 for fiscal year 2024.’’.
(b) SPACE RADIATION RESEARCH.—Section 306 of the Department of Energy Research and Innovation Act (42 U.S.C. 18644)
is amended by adding at the end the following:
‘‘(d) SPACE RADIATION RESEARCH.—The Secretary of Energy,
shall continue and strengthen collaboration with the Administrator
of the National Aeronautics and Space Administration on basic
research to understand the effects and risks of human exposure
to ionizing radiation in low Earth orbit, and in the space environment.’’.
SEC. 11002. AUTHORIZATION.

Section 112(a)(1)(B) of the Uranium Mill Tailings Radiation
Control Act of 1978 (42 U.S.C. 7922(a)(1)(B)) is amended by striking
‘‘September 30, 2023’’ and inserting ‘‘September 30, 2031’’.
SEC. 11003. SENSE OF CONGRESS.

It is the sense of Congress that in order to reduce emissions
and meet 100 percent of the power demand in the United States
through clean, renewable, or zero emission energy sources while
maintaining United States leadership in science and technology,
the Secretary of Energy must prioritize funding for critical fundamental research infrastructure and for basic research and development activities carried out through the Office of Science.
SEC.

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Public
information.
Certification.

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11004.
ADDRESSING
INSUFFICIENT
COMPENSATION
OF
EMPLOYEES AND OTHER PERSONNEL OF THE FEDERAL
ENERGY REGULATORY COMMISSION.

(a) IN GENERAL.—Section 401 of the Department of Energy
Organization Act (42 U.S.C. 7171) is amended by adding at the
end the following:
‘‘(k) ADDRESSING INSUFFICIENT COMPENSATION OF EMPLOYEES
AND OTHER PERSONNEL OF THE COMMISSION.—
‘‘(1) IN GENERAL.—Notwithstanding any other provision of
law, if the Chairman of the Commission publicly certifies that
compensation for a category of employees or other personnel
of the Commission is insufficient to retain or attract employees
and other personnel to allow the Commission to carry out
the functions of the Commission in a timely, efficient, and
effective manner, the Chairman may fix the compensation for
the category of employees or other personnel without regard
to chapter 51 and subchapter III of chapter 53 of title 5,
United States Code, or any other civil service law.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2613

‘‘(2) CERTIFICATION REQUIREMENTS.—A certification issued
under paragraph (1) shall—
‘‘(A) apply with respect to a category of employees
or other personnel responsible for conducting work of a
scientific, technological, engineering, or mathematical
nature;
‘‘(B) specify a maximum amount of reasonable compensation for the category of employees or other personnel;
‘‘(C) be valid for a 5-year period beginning on the
date on which the certification is issued;
‘‘(D) be no broader than necessary to achieve the objective of retaining or attracting employees and other personnel to allow the Commission to carry out the functions
of the Commission in a timely, efficient, and effective
manner; and
‘‘(E) include an explanation for why the other
approaches available to the Chairman for retaining and
attracting employees and other personnel are inadequate.
‘‘(3) RENEWAL.—
‘‘(A) IN GENERAL.—Not later than 90 days before the
date of expiration of a certification issued under paragraph
(1), the Chairman shall determine whether the certification
should be renewed for a subsequent 5-year period.
‘‘(B) REQUIREMENT.—If the Chairman determines that
a certification should be renewed under subparagraph (A),
the Chairman may renew the certification, subject to the
certification requirements under paragraph (2) that were
applicable to the initial certification.
‘‘(4) NEW HIRES.—
‘‘(A) IN GENERAL.—An employee or other personnel that
is a member of a category of employees or other personnel
that would have been covered by a certification issued
under paragraph (1), but was hired during a period in
which the certification has expired and has not been
renewed under paragraph (3) shall not be eligible for compensation at the level that would have applied to the
employee or other personnel if the certification had been
in effect on the date on which the employee or other personnel was hired.
‘‘(B) COMPENSATION OF NEW HIRES ON RENEWAL.—On
renewal of a certification under paragraph (3), the Chairman may fix the compensation of the employees or other
personnel described in subparagraph (A) at the level established for the category of employees or other personnel
in the certification.
‘‘(5) RETENTION OF LEVEL OF FIXED COMPENSATION.—A category of employees or other personnel, the compensation of
which was fixed by the Chairman in accordance with paragraph
(1), may, at the discretion of the Chairman, have the level
of fixed compensation for the category of employees or other
personnel retained, regardless of whether a certification
described under that paragraph is in effect with respect to
the compensation of the category of employees or other personnel.
‘‘(6) CONSULTATION REQUIRED.—The Chairman shall consult with the Director of the Office of Personnel Management
in implementing this subsection, including in the determination

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Time period.

Deadline.
Determination.
Time period.

Determination.

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134 STAT. 2614

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Time period.

42 USC 7171
note.
Time period.

Analysis.

Effective date.
42 USC 7171
note.

PUBLIC LAW 116–260—DEC. 27, 2020

of the amount of compensation with respect to each category
of employees or other personnel.
‘‘(7) EXPERTS AND CONSULTANTS.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), the
Chairman may—
‘‘(i) obtain the services of experts and consultants
in accordance with section 3109 of title 5, United States
Code;
‘‘(ii) compensate those experts and consultants for
each day (including travel time) at rates not in excess
of the rate of pay for level IV of the Executive Schedule
under section 5315 of that title; and
‘‘(iii) pay to the experts and consultants serving
away from the homes or regular places of business
of the experts and consultants travel expenses and
per diem in lieu of subsistence at rates authorized
by sections 5702 and 5703 of that title for persons
in Government service employed intermittently.
‘‘(B) LIMITATIONS.—The Chairman shall—
‘‘(i) to the maximum extent practicable, limit the
use of experts and consultants pursuant to subparagraph (A); and
‘‘(ii) ensure that the employment contract of each
expert and consultant employed pursuant to subparagraph (A) is subject to renewal not less frequently
than annually.’’.
(b) REPORTS.—
(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, and every 2 years thereafter for
10 years, the Chairman of the Federal Energy Regulatory
Commission shall submit to the Committee on Energy and
Commerce of the House of Representatives and the Committee
on Energy and Natural Resources of the Senate a report on
information relating to hiring, vacancies, and compensation
at the Federal Energy Regulatory Commission.
(2) INCLUSIONS.—Each report under paragraph (1) shall
include—
(A) an analysis of any trends with respect to hiring,
vacancies, and compensation at the Federal Energy Regulatory Commission; and
(B) a description of the efforts to retain and attract
employees or other personnel responsible for conducting
work of a scientific, technological, engineering, or mathematical nature at the Federal Energy Regulatory Commission.
(c) APPLICABILITY.—The amendment made by subsection (a)
shall apply beginning on the date that is 30 days after the date
of enactment of this Act.
SEC. 11005. REPORT ON THE AUTHORITY OF THE SECRETARY OF
ENERGY TO IMPLEMENT FLEXIBLE COMPENSATION
MODELS.

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Not later than 180 days after the date of enactment of this
Act, the Secretary of Energy shall submit to Congress a report
examining the full scope of the hiring authority made available
to the Secretary of Energy by the Office of Personnel Management
to implement flexible compensation models, including pay for

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134 STAT. 2615

performance and pay banding, throughout the Department of
Energy, including at the National Laboratories, for the purposes
of hiring, recruiting, and retaining employees responsible for conducting work of a scientific, technological, engineering, or mathematical nature.

DIVISION AA—WATER RESOURCES
DEVELOPMENT ACT OF 2020

Water Resources
Development Act
of 2020.

SEC. 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This division may be cited as the ‘‘Water
Resources Development Act of 2020’’.
(b) TABLE OF CONTENTS.—The table of contents for this Act
is as follows:

33 USC 2201
note.

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DIVISION AA—WATER RESOURCES DEVELOPMENT ACT OF 2020
Sec. 1. Short title; table of contents.
Sec. 2. Secretary defined.
TITLE I—GENERAL PROVISIONS
Sec. 101. Budgetary treatment expansion and adjustment for the Harbor Maintenance Trust Fund.
Sec. 102. Authorization of appropriations for navigation.
Sec. 103. Annual report to Congress on the Harbor Maintenance Trust Fund.
Sec. 104. Additional measures at donor ports and energy transfer ports.
Sec. 105. Construction of water resources development projects by non-Federal interests.
Sec. 106. Coast Guard anchorages.
Sec. 107. State contribution of funds for certain operation and maintenance costs.
Sec. 108. Great Lakes confined disposal facilities.
Sec. 109. Inland waterway projects.
Sec. 110. Implementation of water resources principles and requirements.
Sec. 111. Resiliency planning assistance.
Sec. 112. Project consultation.
Sec. 113. Review of resiliency assessments.
Sec. 114. Small flood control projects.
Sec. 115. Flood Protection Projects.
Sec. 116. Feasibility studies; review of natural and nature-based features.
Sec. 117. Federal interest determination.
Sec. 118. Pilot programs on the formulation of Corps of Engineers projects in rural
communities and economically disadvantaged communities.
Sec. 119. Permanent measures to reduce emergency flood fighting needs for communities subject to repetitive flooding.
Sec. 120. Emergency response to natural disasters.
Sec. 121. Cost and benefit feasibility assessment.
Sec. 122. Expediting repairs and recovery from flooding.
Sec. 123. Review of Corps of Engineers assets.
Sec. 124. Sense of Congress on multipurpose projects.
Sec. 125. Beneficial use of dredged material; dredged material management plans.
Sec. 126. Aquatic ecosystem restoration for anadromous fish.
Sec. 127. Annual report to Congress on water resources infrastructure.
Sec. 128. Harmful algal bloom demonstration program.
Sec. 129. Missouri River interception-rearing complex construction.
Sec. 130. Materials, services, and funds for repair, restoration, or rehabilitation of
projects.
Sec. 131. Levee safety.
Sec. 132. National Dam Safety Program.
Sec. 133. Rehabilitation of Corps of Engineers constructed pump stations.
Sec. 134. Non-Federal Project Implementation Pilot Program.
Sec. 135. Cost sharing provisions for territories and Indian Tribes.
Sec. 136. Review of contracting policies.
Sec. 137. Criteria for funding environmental infrastructure projects.
Sec. 138. Aging infrastructure.
Sec. 139. Uniformity of notification systems.
Sec. 140. Coastal storm damage reduction contracts.
Sec. 141. Dam remediation for ecosystem restoration.

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134 STAT. 2616

PUBLIC LAW 116–260—DEC. 27, 2020

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Levee accreditation process; levee certifications.
Project partnership agreement.
Acceptance of funds for harbor dredging.
Replacement capacity.
Reviewing hydropower at Corps of Engineers facilities.
Repair and restoration of embankments.
Coastal mapping.
Interim risk reduction measures.
Maintenance dredging permits.
High water-low water preparedness.
Treatment of certain benefits and costs.
Lease deviations.
Sense of Congress on Arctic deep draft port development.
Small water storage projects.
Planning Assistance to States.
Forecast-informed reservoir operations.
Data for water allocation, supply, and demand.
Inland waterways pilot program.
Definition of economically disadvantaged community.
Studies of water resources development projects by non-Federal interests.
Leveraging Federal infrastructure for increased water supply.
Sense of Congress on removal of unauthorized, manmade, flammable materials on Corps property.
Sec. 164. Enhanced development program.
Sec. 165. Continuing authority programs.

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TITLE II—STUDIES AND REPORTS
Authorization of proposed feasibility studies.
Expedited completions.
Expedited modifications of existing feasibility studies.
Assistance to non-Federal sponsors; feasibility analysis.
Selma, Alabama.
Report on Corps of Engineers facilities in Appalachia.
Additional studies under North Atlantic Coast Comprehensive Study.
South Atlantic coastal study.
Comprehensive study of the Sacramento River, Yolo Bypass, California.
Lake Okeechobee regulation schedule, Florida.
Great Lakes coastal resiliency study.
Report on the status of restoration in the Louisiana coastal area.
Lower Mississippi River comprehensive management study.
Upper Mississippi River Comprehensive Plan.
Upper Missouri River Basin mainstem dam fish loss research.
Lower and Upper Missouri River Comprehensive Flood Protection.
Portsmouth Harbor and Piscataqua River and Rye Harbor, New Hampshire.
Cougar and Detroit Dams, Willamette River Basin, Oregon.
Port Orford, Oregon.
Wilson Creek and Sloan Creek, Fairview, Texas.
Study on water supply and water conservation at water resources development projects.
Report to Congress on authorized studies and projects.
Completion of reports and materials.
Emergency flooding protection for lakes.
Report on debris removal.
Report on antecedent hydrologic conditions.
Subsurface drain systems research and development.
Report on corrosion prevention activities.
Annual reporting on dissemination of information.
Report on benefits calculation for flood control structures.

Sec.
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301.
302.
303.
304.
305.
306.
307.
308.
309.
310.

TITLE III—DEAUTHORIZATIONS AND MODIFICATIONS
Deauthorization of inactive projects.
Abandoned and inactive noncoal mine restoration.
Tribal partnership program.
Lakes program.
Rehabilitation of Corps of Engineers constructed dams.
Chesapeake Bay Environmental Restoration and Protection Program.
Upper Mississippi River System Environmental Management Program.
Upper Mississippi River protection.
Theodore Ship Channel, Mobile, Alabama.
McClellan-Kerr Arkansas River Navigation System.

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134 STAT. 2617

Ouachita and Black Rivers, Arkansas and Louisiana.
Lake Isabella, California.
Lower San Joaquin River flood control project.
Sacramento River, Glenn-Colusa, California.
San Diego River and Mission Bay, San Diego County, California.
San Francisco, California, Waterfront Area.
Western Pacific Interceptor Canal, Sacramento River, California.
Rio Grande Environmental Management Program, Colorado, New Mexico,
and Texas.
New London Harbor Waterfront Channel, Connecticut.
Wilmington Harbor, Delaware.
Wilmington Harbor South Disposal Area, Delaware.
Washington Harbor, District of Columbia.
Big Cypress Seminole Indian Reservation Water Conservation Plan, Florida.
Central Everglades, Florida.
Miami River, Florida.
Julian Keen, Jr. Lock and Dam, Moore Haven, Florida.
Taylor Creek Reservoir and Levee L–73 (Section 1), Upper St. Johns
River Basin, Florida.
Extinguishment of flowage easements, Rough River Lake, Kentucky.
Calcasieu River and Pass, Louisiana.
Camden Harbor, Maine.
Cape Porpoise Harbor, Maine, anchorage area designation.
Baltimore, Maryland.
Thad Cochran Lock and Dam, Amory, Mississippi.
Missouri river reservoir sediment management.
Portsmouth, New Hampshire.
Rahway flood risk management feasibility study, New Jersey.
San Juan-Chama project; Abiquiu Dam, New Mexico.
Flushing Bay and Creek Federal Navigation Channel, New York.
Rush River and Lower Branch Rush River, North Dakota.
Pawcatuck River, Little Narragansett Bay and Watch Hill Cove, Rhode
Island and Connecticut.
Harris County, Texas.
Cap Sante Waterway, Washington.
Local government reservoir permit review.
Project modifications for improvement of environment.
Aquatic ecosystem restoration.
Surplus water contracts and water storage agreements.
No wake zones in navigation channels.
Limitation on contract execution in the Arkansas River Basin.
Waiver of non-Federal share of damages related to certain contract
claims.
Reduced pricing for certain water supply storage.
Flood control and other purposes.
Additional assistance for critical projects.
Project modification authorizations.
Completion of maintenance and repair activities.
Project reauthorizations.
Conveyances.
Lake Eufaula advisory committee.
Repeal of Missouri River Task Force, North Dakota.
Repeal of Missouri River Task Force, South Dakota.
Conforming amendments.

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TITLE IV—WATER RESOURCES INFRASTRUCTURE
Sec. 401. Project authorizations.
Sec. 402. Special rules.
Sec. 403. Authorization of projects based on feasibility studies prepared by nonFederal interests.
Sec.
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501.
502.
503.
504.
505.
506.
507.
508.

TITLE V—OTHER MATTERS
Update on Invasive Species Policy Guidance.
Aquatic invasive species research.
Terrestrial noxious weed control pilot program.
Invasive species risk assessment, prioritization, and management.
Invasive species mitigation and reduction.
Aquatic invasive species prevention.
Invasive species in alpine lakes pilot program.
Murder hornet eradication pilot program.

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134 STAT. 2618

PUBLIC LAW 116–260—DEC. 27, 2020

Sec.
Sec.
Sec.
Sec.
33 USC 2201
note.

509.
510.
511.
512.

Asian carp prevention and control pilot program.
Invasive species in noncontiguous States and territories pilot program.
Soil moisture and snowpack monitoring.
Great Lakes St. Lawrence Seaway Development Corporation.

SEC. 2. SECRETARY DEFINED.

In this Act, the term ‘‘Secretary’’ means the Secretary of the
Army.

TITLE I—GENERAL PROVISIONS
33 USC 2238b–1.

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Ante, p. 526.

SEC. 101. BUDGETARY TREATMENT EXPANSION AND ADJUSTMENT FOR
THE HARBOR MAINTENANCE TRUST FUND.

Section 14003 of division B of the CARES Act (Public Law
116–136) is amended to read as follows:
‘‘SEC. 14003. Any discretionary appropriation for the Corps
of Engineers—
‘‘(1) derived from the Harbor Maintenance Trust Fund,
in this fiscal year and thereafter, not to exceed the sum of—
‘‘(A) the total amount deposited in the Harbor Maintenance Trust Fund in the fiscal year that is two years
prior to the fiscal year for which the appropriation is being
made; and
‘‘(B)(i) $500,000,000 for fiscal year 2021;
‘‘(ii) $600,000,000 for fiscal year 2022;
‘‘(iii) $700,000,000 for fiscal year 2023;
‘‘(iv) $800,000,000 for fiscal year 2024;
‘‘(v) $900,000,000 for fiscal year 2025;
‘‘(vi) $1,000,000,000 for fiscal year 2026;
‘‘(vii) $1,200,000,000 for fiscal year 2027;
‘‘(viii) $1,300,000,000 for fiscal year 2028;
‘‘(ix) $1,400,000,000 for fiscal year 2029; and
‘‘(x) $1,500,000,000 for fiscal year 2030 and thereafter;
and
‘‘(2) for the Operation and Maintenance account of the
Corps of Engineers which is designated in statute as being
to carry out subsection (c) of section 2106 of the Water
Resources Reform and Development Act of 2014 (33 U.S.C.
2238c), not to exceed—
‘‘(A) $50,000,000 for fiscal year 2021;
‘‘(B) $50,000,000 for fiscal year 2022;
‘‘(C) $56,000,000 for fiscal year 2023;
‘‘(D) $58,000,000 for fiscal year 2024;
‘‘(E) $60,000,000 for fiscal year 2025;
‘‘(F) $62,000,000 for fiscal year 2026;
‘‘(G) $64,000,000 for fiscal year 2027;
‘‘(H) $66,000,000 for fiscal year 2028;
‘‘(I) $68,000,000 for fiscal year 2029; and
‘‘(J) $70,000,000 for fiscal year 2030;
shall be subtracted from the estimate of discretionary budget
authority and outlays for any estimate of an appropriations Act
under the Congressional Budget and Impoundment Control Act
of 1974 or the Balanced Budget and Emergency Deficit Control
Act of 1985.’’.
SEC. 102. AUTHORIZATION OF APPROPRIATIONS FOR NAVIGATION.

(a) AUTHORIZATION.—

33 USC 2238
note.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2619

(1) IN GENERAL.—In carrying out subsection (c) of section
210 of the Water Resources Development Act of 1986 (33 U.S.C.
2238), for each fiscal year, of the funds made available under
such section (including funds appropriated from the Harbor
Maintenance Trust Fund), the Secretary shall, to the extent
practicable, unless otherwise directed in an Act making appropriations for the Corps of Engineers, make expenditures to
pay for operation and maintenance costs of the harbors and
inland harbors referred to in subsection (a)(2) of such section,
to the extent there are identifiable operations and maintenance
needs, of—
(A) not less than 15 percent of such funds for emerging
harbor projects, including eligible breakwater and jetty
needs at such harbor projects;
(B) not less than 13 percent of such funds for projects
that are located within the Great Lakes Navigation System;
(C) 12 percent of such funds for expanded uses carried
out at donor ports and energy transfer ports, of which—
(i) 1⁄3 shall be provided to energy transfer ports;
and
(ii) 2⁄3 shall be provided to donor ports;
(D) not less than 17 percent of such funds for projects
that are assigned to commercial strategic seaports; and
(E) any remaining funds for operation and maintenance
costs of any harbor or inland harbor referred to in such
subsection (a)(2) based on an equitable allocation of such
funds among such harbors and inland harbors, in accordance with subsection (c)(1) of such section 210.
(2) DEFINITIONS.—In this subsection:
(A) COMMERCIAL STRATEGIC SEAPORT.—The term
‘‘commercial strategic seaport’’ means a commercial harbor
supporting the coordination of efficient port operations
during peacetime and national defense emergencies that
is designated as strategic through the National Port Readiness Network.
(B) DONOR PORT; ENERGY TRANSFER PORT.—The terms
‘‘donor port’’ and ‘‘energy transfer port’’ have the meanings
given those terms in section 2106 of the Water Resources
Reform and Development Act of 2014 (33 U.S.C. 2238c).
(C) EMERGING HARBOR PROJECT; GREAT LAKES NAVIGATION SYSTEM.—The terms ‘‘emerging harbor project’’ and
‘‘Great Lakes Navigation System’’ have the meanings given
those terms in section 210 of the Water Resources Development Act of 1986 (33 U.S.C. 2238).
(3) EFFECTIVE DATE.—This subsection shall take effect on
October 1, 2022.
(b) ADDITIONAL USES.—
(1) OPERATION AND MAINTENANCE OF HARBOR PROJECTS.—
Section 210(c)(3) of the Water Resources Development Act of
1986 (33 U.S.C. 2238(c)(3)) is amended—
(A) by striking ‘‘Notwithstanding’’ and inserting the
following:
‘‘(A) ALLOCATION.—Notwithstanding’’; and
(B) by adding at the end the following:
‘‘(B) ADDITIONAL USES AT EMERGING HARBORS.—
‘‘(i) USES.—In each fiscal year, the Secretary may
use not more than $5,000,000 of funds allocated for

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134 STAT. 2620

PUBLIC LAW 116–260—DEC. 27, 2020
emerging harbor projects under paragraph (1) to pay
for the costs of up to 10 projects for maintenance
dredging of a marina or berthing area, in an emerging
harbor, that includes an area that is located adjacent
to, or is accessible by, a Federal navigation project,
subject to clauses (ii) and (iii) of this subparagraph.
‘‘(ii) ELIGIBLE EMERGING HARBORS.—The Secretary
may use funds as authorized under clause (i) at an
emerging harbor that—
‘‘(I) supports commercial activities, including
commercial fishing operations, commercial fish
processing operations, recreational and sport
fishing, and commercial boat yards; or
‘‘(II) supports activities of the Secretary of the
department in which the Coast Guard is operating.
‘‘(iii) COST-SHARING REQUIREMENTS.—The Secretary shall require a non-Federal interest to contribute not less than 25 percent of the costs for maintenance dredging of that portion of a maintenance
dredging project described in clause (i) that is located
outside of the Federal navigation project, which may
be provided as an in-kind contribution, including
through the use of dredge equipment owned by nonFederal interest to carry out such activities.’’.
(2) ASSESSMENT OF HARBORS AND INLAND HARBORS.—Section 210(e)(2)(A)(ii) of the Water Resources Development Act
of 1986 (33 U.S.C. 2238(e)(2)(A)(ii)) is amended by inserting
‘‘uses described in subsection (c)(3)(B) and’’ after ‘‘costs for’’.
(3) DEFINITIONS.—Section 210(f) of the Water Resources
Development Act of 1986 (33 U.S.C. 2238(f)) is amended—
(A) by striking paragraph (6);
(B) by redesignating paragraphs (3) through (5) as
paragraphs (4) through (6), respectively;
(C) by striking paragraph (2) and inserting the following:
‘‘(2) EMERGING HARBOR.—The term ‘emerging harbor’
means a harbor or inland harbor referred to in subsection
(a)(2) that transits less than 1,000,000 tons of cargo annually.
‘‘(3) EMERGING HARBOR PROJECT.—The term ‘emerging
harbor project’ means a project that is assigned to an emerging
harbor.’’; and
(D) in paragraph (4) (as so redesignated), by adding
at the end the following:
‘‘(C) An in-water improvement, if the improvement—
‘‘(i) is for the seismic reinforcement of a wharf
or other berthing structure, or the repair or replacement of a deteriorating wharf or other berthing structure, at a port facility;
‘‘(ii) benefits commercial navigation at the harbor;
and
‘‘(iii) is located in, or adjacent to, a berth that
is accessible to a Federal navigation project.
‘‘(D) An activity to maintain slope stability at a berth
in a harbor that is accessible to a Federal navigation project
if such activity benefits commercial navigation at the
harbor.’’.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2621

SEC. 103. ANNUAL REPORT TO CONGRESS ON THE HARBOR MAINTENANCE TRUST FUND.

Section 330 of the Water Resources Development Act of 1992
(26 U.S.C. 9505 note; 106 Stat. 4851) is amended—
(1) in subsection (a)—
(A) by striking ‘‘and annually thereafter,’’ and inserting
‘‘and annually thereafter concurrent with the submission
of the President’s annual budget request to Congress,’’;
and
(B) by striking ‘‘Public Works and Transportation’’ and
inserting ‘‘Transportation and Infrastructure’’; and
(2) in subsection (b)(1) by adding at the end the following:
‘‘(D) A description of the expected expenditures from
the trust fund to meet the needs of navigation for the
fiscal year of the budget request.’’.

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SEC. 104. ADDITIONAL MEASURES AT DONOR PORTS AND ENERGY
TRANSFER PORTS.

(a) INTERIM AUTHORIZATION.—Section 2106(f) of the Water
Resources Reform and Development Act of 2014 (33 U.S.C. 2238c(f))
is amended—
(1) in paragraph (1), by striking ‘‘2020’’ and inserting
‘‘2022’’; and
(2) by striking paragraph (3).
(b) IN GENERAL.—
(1) DEFINITIONS.—Section 2106(a) of the Water Resources
Reform and Development Act of 2014 (33 U.S.C. 2238c(a)) is
amended—
(A) in paragraph (3)(A)—
(i) by amending clause (ii) to read as follows:
‘‘(ii) at which the total amount of harbor maintenance taxes collected (including the estimated taxes
related to domestic cargo and cruise passengers) comprise not less than $15,000,000 annually of the total
funding of the Harbor Maintenance Trust Fund on
an average annual basis for the previous 3 fiscal
years;’’;
(ii) in clause (iii)—
(I) by inserting ‘‘(including the estimated taxes
related to domestic cargo and cruise passengers)’’
after ‘‘taxes collected’’; and
(II) by striking ‘‘5 fiscal years’’ and inserting
‘‘3 fiscal years’’; and
(iii) in clause (iv), by striking ‘‘in fiscal year 2012’’
and inserting ‘‘on an average annual basis for the
previous 3 fiscal years’’;
(B) in paragraph (5)(B), by striking ‘‘in fiscal year
2012’’ each place it appears and inserting ‘‘on an average
annual basis for the previous 3 fiscal years’’;
(C) by redesignating paragraph (8) as paragraph (9)
and inserting after paragraph (7) the following:
‘‘(8) HARBOR MAINTENANCE TRUST FUND.—The term ‘Harbor
Maintenance Trust Fund’ means the Harbor Maintenance Trust
Fund established by section 9505 of the Internal Revenue Code
of 1986.’’; and
(D) in paragraph (9), as so redesignated—

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134 STAT. 2622

PUBLIC LAW 116–260—DEC. 27, 2020
(i) by amending subparagraph (B) to read as follows:
‘‘(B) at which the total amount of harbor maintenance
taxes collected (including the estimated taxes related to
domestic cargo and cruise passengers) comprise annually
more than $5,000,000 but less than $15,000,000 of the
total funding of the Harbor Maintenance Trust Fund on
an average annual basis for the previous 3 fiscal years;’’;
(ii) in subparagraph (C)—
(I) by inserting ‘‘(including the estimated taxes
related to domestic cargo and cruise passengers)’’
after ‘‘taxes collected’’; and
(II) by striking ‘‘5 fiscal years’’ and inserting
‘‘3 fiscal years’’; and
(iii) in subparagraph (D), by striking ‘‘in fiscal
year 2012’’ and inserting ‘‘on an average annual basis
for the previous 3 fiscal years’’.
(2) REPORT TO CONGRESS; AUTHORIZATION OF APPROPRIATIONS.—Section 2106 of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2238c) is amended—
(A) by striking subsection (e) and redesignating subsections (f) and (g) as subsections (e) and (f), respectively;
and
(B) in subsection (e), as so redesignated, by amending
paragraph (1) to read as follows:
‘‘(1) IN GENERAL.—There are authorized to be appropriated
to carry out this section—
‘‘(A) $56,000,000 for fiscal year 2023;
‘‘(B) $58,000,000 for fiscal year 2024;
‘‘(C) $60,000,000 for fiscal year 2025;
‘‘(D) $62,000,000 for fiscal year 2026;
‘‘(E) $64,000,000 for fiscal year 2027;
‘‘(F) $66,000,000 for fiscal year 2028;
‘‘(G) $68,000,000 for fiscal year 2029; and
‘‘(H) $70,000,000 for fiscal year 2030.’’.
(3) EFFECTIVE DATE.—The amendments made by this subsection shall take effect on October 1, 2022.

33 USC 2238c
note.

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SEC. 105. CONSTRUCTION OF WATER RESOURCES DEVELOPMENT
PROJECTS BY NON-FEDERAL INTERESTS.

Determination.

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(a) STUDIES AND ENGINEERING.—Section 204(c)(1) of the Water
Resources Development Act of 1986 (33 U.S.C. 2232(c)(1)) is
amended by striking ‘‘under subsection (b)’’ and inserting ‘‘under
this section’’.
(b) ASSUMPTION OF MAINTENANCE OF A LOCALLY PREFERRED
PLAN.—Section 204(f) of the Water Resources Development Act
of 1986 (33 U.S.C. 2232(f)) is amended to read as follows:
‘‘(f) OPERATION AND MAINTENANCE.—
‘‘(1) ASSUMPTION OF MAINTENANCE.—Whenever a non-Federal interest carries out improvements to a federally authorized
harbor or inland harbor, the Secretary shall be responsible
for operation and maintenance in accordance with section 101(b)
if—
‘‘(A) before construction of the improvements—
‘‘(i) the Secretary determines that the improvements are feasible and consistent with the purposes
of this title; and

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2623

‘‘(ii) the Secretary and the non-Federal interest
execute a written agreement relating to operation and
maintenance of the improvements;
‘‘(B) the Secretary certifies that the project or separable
element of the project is constructed in accordance with
applicable permits and appropriate engineering and design
standards; and
‘‘(C) the Secretary does not find that the project or
separable element is no longer feasible.
‘‘(2) FEDERAL FINANCIAL PARTICIPATION IN THE COSTS OF
A LOCALLY PREFERRED PLAN.—In the case of improvements
determined by the Secretary pursuant to paragraph (1)(A)(i)
to deviate from the national economic development plan, the
Secretary shall be responsible for all operation and maintenance
costs of such improvements, as described in section 101(b),
including costs in excess of the costs of the national economic
development plan, if the Secretary determines that the improvements satisfy the requirements of paragraph (1).’’.
(c) REPORT.—A non-Federal interest may submit to the Secretary a report on improvements to a federally authorized harbor
or inland harbor to be carried out by the non-Federal interest,
containing any information necessary for the Secretary determine
whether the improvements satisfy the requirements of section
204(f)(1) of the Water Resources Development Act of 1986 (33
U.S.C. 2232), including—
(1) the economic justification for the improvements;
(2) details of the project improvement plan and design;
(3) proposed arrangements for the work to be performed;
and
(4) documents relating to any applicable permits required
for the project improvements.
(d) PROJECT STUDIES SUBJECT TO INDEPENDENT PEER
REVIEW.—The Secretary shall not be required to subject a project
study for a project with a cost of less than $200,000,000, which
the Secretary determines satisfies the requirements of section
204(f)(1) of the Water Resources Development Act of 1986 (33
U.S.C. 2232), to independent peer review under section
2034(a)(3)(A)(i) of the Water Resources Development Act of 2007
(33 U.S.C. 2343(a)(3)(A)(i)).

Contracts.

SEC. 106. COAST GUARD ANCHORAGES.

33 USC 635.

Certification.

Determination.

Determination.
33 USC 2232
note.

33 USC 2232
note.

The Secretary may perform dredging at Federal expense within
and adjacent to anchorages established by the Coast Guard pursuant to existing authorities.

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SEC. 107. STATE CONTRIBUTION OF FUNDS FOR CERTAIN OPERATION
AND MAINTENANCE COSTS.

33 USC 701h–3.

In carrying out eligible operations and maintenance activities
within the Great Lakes Navigation System pursuant to section
210 of the Water Resources Development Act of 1986 (33 U.S.C.
2238) in a State that has implemented any additional State limitation on the disposal of dredged material in the open waters of
such State, the Secretary may, pursuant to section 5 of the Act
of June 22, 1936 (33 U.S.C. 701h), receive from such State, and
expend, such funds as may be contributed by the State to cover
the additional costs for operations and maintenance activities for
a harbor or inland harbor within such State that result from such
limitation.

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134 STAT. 2624

PUBLIC LAW 116–260—DEC. 27, 2020

SEC. 108. GREAT LAKES CONFINED DISPOSAL FACILITIES.

(a) MITIGATION.—The Secretary may relocate access to the Port
of Cleveland confined disposal facility, owned or operated by a
non-Federal interest, in which material dredged by the Corps of
Engineers is placed.
(b) COST-SHARE.—The cost to relocate access to the confined
disposal facility described in subsection (a) shall be shared in accordance with the cost share applicable to operation and maintenance
of the Federal navigation project from which material placed in
the confined disposal facility is dredged.
(c) TERMINATION.—The authority provided under this section
shall terminate on December 31, 2024.
33 USC 2212
note.

SEC. 109. INLAND WATERWAY PROJECTS.

42 USC 1962–4.

SEC. 110. IMPLEMENTATION OF WATER RESOURCES PRINCIPLES AND
REQUIREMENTS.

Deadline.
Procedures.
Guidelines.

(a) IN GENERAL.—Not later than 180 days after the date of
enactment of this Act, the Secretary shall issue final agency-specific
procedures necessary to implement the principles and requirements
and the interagency guidelines.
(b) DEVELOPMENT OF FUTURE WATER RESOURCES DEVELOPMENT
PROJECTS.—The procedures required by subsection (a) shall ensure
that the Secretary, in the formulation of future water resources
development projects—
(1) develops such projects in accordance with—
(A) the guiding principles established by the principles
and requirements; and
(B) the national water resources planning policy established by section 2031(a) of the Water Resources Development Act of 2007 (42 U.S.C. 1962–3(a)); and
(2) fully identifies and analyzes national economic development benefits, regional economic development benefits, environmental quality benefits, and other societal effects.
(c) REVIEW AND UPDATE.—Every 5 years, the Secretary shall
review and, where appropriate, revise the procedures required by
subsection (a).
(d) PUBLIC REVIEW, NOTICE, AND COMMENT.—In issuing,
reviewing, and revising the procedures required by this section,
the Secretary shall—
(1) provide notice to interested non-Federal stakeholders
of the Secretary’s intent to revise the procedures;
(2) provide opportunities for interested non-Federal stakeholders to engage with, and provide input and recommendations
to, the Secretary on the revision of the procedures; and
(3) solicit and consider public and expert comments.
(e) DEFINITIONS.—In this section:
(1) INTERAGENCY GUIDELINES.—The term ‘‘interagency
guidelines’’ means the interagency guidelines contained in the
document finalized by the Council on Environmental Quality

Analysis.

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Time period.

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Notwithstanding section 102 of the Water Resources Development Act of 1986 (33 U.S.C. 2212), for a project for navigation
on the inland waterways receiving a construction appropriation
during any of fiscal years 2021 through 2031, 35 percent of the
costs of construction of the project shall be paid from amounts
appropriated from the Inland Waterways Trust Fund until such
construction of the project is complete.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2625

pursuant to section 2031 of the Water Resources Development
Act of 2007 (42 U.S.C. 1962–3) in December 2014, to implement
the principles and requirements.
(2) PRINCIPLES AND REQUIREMENTS.—The term ‘‘principles
and requirements’’ means the principles and requirements contained in the document prepared by the Council on Environmental Quality pursuant to section 2031 of the Water Resources
Development Act of 2007 (42 U.S.C. 1962–3), entitled ‘‘Principles and Requirements for Federal Investments in Water
Resources’’, and dated March 2013.
SEC. 111. RESILIENCY PLANNING ASSISTANCE.

(a) IN GENERAL.—Section 206(a) of the Flood Control Act of
1960 (33 U.S.C. 709a(a)) is amended by inserting ‘‘, to avoid repetitive flooding impacts, to anticipate, prepare, and adapt to changing
climatic conditions and extreme weather events, and to withstand,
respond to, and recover rapidly from disruption due to the flood
hazards’’ after ‘‘in planning to ameliorate the flood hazard’’.
(b) PRIORITIZING FLOOD RISK RESILIENCY TECHNICAL ASSISTANCE.—In carrying out section 206 of the Flood Control Act of
1960 (33 U.S.C. 709a), the Secretary shall prioritize the provision
of technical assistance to support flood risk resiliency planning
efforts of economically disadvantaged communities or communities
subject to repetitive flooding.

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SEC. 112. PROJECT CONSULTATION.

33 USC 2356.

(a) REPORTS REQUIRED.—Not later than 180 days after the
date of enactment of this Act, the Secretary shall submit the following reports:
(1) The report required under section 1214 of the Water
Resources Development Act of 2018 (132 Stat. 3809).
(2) The report required under section 1120(a)(3) of the
Water Resources Development Act of 2016 (130 Stat. 1643).
(b) ENVIRONMENTAL JUSTICE UPDATES.—
(1) IN GENERAL.—In the formulation of water development
resources projects, the Secretary shall comply with any existing
Executive order regarding environmental justice in effect as
of the date of enactment of this Act to address any disproportionate and adverse human health or environmental effects
on minority communities, low-income communities, and Indian
Tribes.
(2) UPDATE.—Not later than 1 year after the date of enactment of this Act, the Secretary shall review, and shall update,
where appropriate, any policies, regulations, and guidance of
the Corps of Engineers necessary to implement any Executive
order described in paragraph (1) with respect to water resources
development projects.
(3) REQUIREMENTS.—In updating the policies, regulations,
or guidance under paragraph (2), the Secretary shall—
(A) provide notice to interested non-Federal stakeholders, including representatives of minority communities,
low-income communities, and Indian Tribes;
(B) provide opportunities for interested stakeholders
to comment on potential updates of policies, regulations,
or guidance;
(C) consider the recommendations from the reports
submitted under subsection (a); and

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note.

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Compliance.

Deadline.
Review.
Regulations.

Notice.

Recommendations.

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134 STAT. 2626

PUBLIC LAW 116–260—DEC. 27, 2020

(D) promote the meaningful involvement of minority
communities, low-income communities, and Indian Tribes.
(c) COMMUNITY ENGAGEMENT.—In carrying out a water
resources development project, the Secretary shall, to the extent
practicable—
(1) promote the meaningful involvement of minority
communities, low-income communities, and Indian Tribes;
(2) provide guidance and technical assistance to such
communities or Tribes to increase understanding of the project
development and implementation activities, regulations, and
policies of the Corps of Engineers; and
(3) cooperate with State, Tribal, and local governments
with respect to activities carried out pursuant to this subsection.
(d) TRIBAL LANDS AND CONSULTATION.—In carrying out water
resources development projects, the Secretary shall, to the extent
practicable and in accordance with the Tribal Consultation Policy
affirmed and formalized by the Secretary on November 1, 2012
(or a successor policy)—
(1) promote meaningful involvement with Indian Tribes
specifically on any Tribal lands near or adjacent to any water
resources development projects, for purposes of identifying
lands of ancestral, cultural, or religious importance;
(2) consult with Indian Tribes specifically on any Tribal
areas near or adjacent to any water resources development
projects, for purposes of identifying lands, waters, and other
resources critical to the livelihood of the Indian Tribes; and
(3) cooperate with Indian Tribes to avoid, or otherwise
find alternate solutions with respect to, such areas.
33 USC 2282f.

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Deadline.
Regulations.

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SEC. 113. REVIEW OF RESILIENCY ASSESSMENTS.

(a) RESILIENCY ASSESSMENT.—
(1) IN GENERAL.—Not later than 180 days after the date
of enactment of this section, and in conjunction with the
development of procedures under section 110 of this Act, the
Secretary is directed to review, and where appropriate, revise
the existing planning guidance documents and regulations of
the Corps of Engineers on the assessment of the effects of
sea level rise or inland flooding on future water resources
development projects to ensure that such guidance documents
and regulations are based on the best available, peer-reviewed
science and data on the current and future effects of sea level
rise or inland flooding on relevant communities.
(2) COORDINATION.—In carrying out this subsection, the
Secretary shall—
(A) coordinate the review with the Engineer Research
and Development Center, other Federal and State agencies,
and other relevant entities; and
(B) to the maximum extent practicable and where
appropriate, utilize data provided to the Secretary by such
agencies.
(b) ASSESSMENT OF BENEFITS FROM ADDRESSING SEA LEVEL
RISE AND INLAND FLOODING RESILIENCY IN FEASIBILITY REPORTS.—
(1) IN GENERAL.—Upon the request of a non-Federal
interest, in carrying out a feasibility study for a project for
flood risk mitigation, hurricane and storm damage risk reduction, or ecosystem restoration under section 905 of the Water

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2627

Resources Development Act of 1986 (33 U.S.C. 2282), the Secretary shall consider whether the need for the project is predicated upon or exacerbated by conditions related to sea level
rise or inland flooding.
(2) ADDRESSING SEA LEVEL RISE AND INLAND FLOODING
RESILIENCY BENEFITS.—To the maximum extent practicable, in
carrying out a study pursuant to paragraph (1), the Secretary
shall document the potential effects of sea level rise or inland
flooding on the project, and the expected benefits of the project
relating to sea level rise or inland flooding, during the 50year period after the date of completion of the project.

Time period.

SEC. 114. SMALL FLOOD CONTROL PROJECTS.

Section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s)
is amended by inserting ‘‘, and projects that use natural features
or nature-based features (as those terms are defined in section
1184(a) of the Water Resources Development Act of 2016 (33 U.S.C.
2289a(a))),’’ after ‘‘nonstructural projects’’.
SEC. 115. FLOOD PROTECTION PROJECTS.

(a) GENERAL CONSIDERATIONS.—Section 73(a) of the Water
Resources Development Act of 1974 (33 U.S.C. 701b–11(a)) is
amended by striking ‘‘including’’ and all that follows through the
period at the end and inserting the following: ‘‘, with a view toward
formulating the most economically, socially, and environmentally
acceptable means of reducing or preventing flood damage,
including—
‘‘(1) floodproofing of structures, including through elevation;
‘‘(2) floodplain regulation;
‘‘(3) acquisition of floodplain land for recreational, fish and
wildlife, and other public purposes;
‘‘(4) relocation; and
‘‘(5) the use of a feature described in section 1184(a) of
the Water Infrastructure Improvements for the Nation Act
(33 U.S.C. 2289a(a)).’’.
(b) CONFORMING AMENDMENT.—Section 103(b) of the Water
Resources Development Act of 1986 (33 U.S.C. 2213) is amended—
(1) in the subsection heading, by striking ‘‘NONSTRUCTURAL
FLOOD CONTROL PROJECTS’’ and inserting ‘‘PROJECTS USING
NONSTRUCTURAL, NATURAL, OR NATURE-BASED FEATURES’’; and
(2) in paragraph (1)—
(A) by striking ‘‘nonstructural flood control measures’’
and inserting ‘‘a flood risk management or hurricane and
storm damage risk reduction measure using a nonstructural feature, or a natural feature or nature-based
feature (as those terms are defined in section 1184(a) of
the Water Resources Development Act of 2016 (33 U.S.C.
2289a(a))),’’; and
(B) by striking ‘‘cash during construction of the project’’
and inserting ‘‘cash during construction for a nonstructural
feature if the costs of land, easements, rights-of-way,
dredged material disposal areas, and relocations for such
feature are estimated to exceed 35 percent’’.

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SEC. 116. FEASIBILITY STUDIES; REVIEW OF NATURAL AND NATUREBASED FEATURES.

(a) TECHNICAL CORRECTION.—Section 1149(c) of the Water
Resources Development Act of 2018 (33 U.S.C. 2282 note; 132

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134 STAT. 2628

33 USC 2282
note.

PUBLIC LAW 116–260—DEC. 27, 2020

Stat. 3787) is amended by striking ‘‘natural infrastructure alternatives’’ and inserting ‘‘natural feature or nature-based feature
alternatives (as such terms are defined in section 1184 of the
Water Resources Development Act of 2016 (32 U.S.C. 2289a))’’.
(b) SUMMARY OF ANALYSIS.—To the maximum extent practicable, the Secretary shall include in each feasibility report developed under section 905 of the Water Resources Development Act
of 1986 (33 U.S.C. 2282) for a project that contains a flood risk
management or hurricane and storm damage risk reduction element, a summary of the natural feature or nature-based feature
alternatives, along with their long-term costs and benefits, that
were evaluated in the development of the feasibility report, and,
if such alternatives were not included in the recommended plan,
an explanation of why such alternatives were not included in the
recommended plan.
SEC. 117. FEDERAL INTEREST DETERMINATION.

Study.

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Definition.

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Section 905 of the Water Resources Development Act of 1986
(33 U.S.C. 2282) is amended by inserting after subsection (a) the
following:
‘‘(b) FEDERAL INTEREST DETERMINATION.—
‘‘(1) IN GENERAL.—
‘‘(A) ECONOMICALLY DISADVANTAGED COMMUNITIES.—In
preparing a feasibility report under subsection (a) for a
study that will benefit an economically disadvantaged
community, upon request by the non-Federal interest for
the study, the Secretary shall first determine the Federal
interest in carrying out the study and the projects that
may be proposed in the study.
‘‘(B) OTHER COMMUNITIES.—
‘‘(i) AUTHORIZATION.—In preparing a feasibility
report under subsection (a) for a study that will benefit
a covered community, upon request by the non-Federal
interest for the study, the Secretary may, with respect
to not more than 3 studies in each fiscal year, first
determine the Federal interest in carrying out the
study and the projects that may be proposed in the
study.
‘‘(ii) COVERED COMMUNITIES.—In this subparagraph, the term ‘covered community’ means a community that—
‘‘(I) is not an economically disadvantaged
community; and
‘‘(II) the Secretary finds has a compelling need
for the Secretary to make a determination under
clause (i).
‘‘(2) COST SHARE.—The costs of a determination under paragraph (1)—
‘‘(A) shall be at Federal expense; and
‘‘(B) shall not exceed $200,000.
‘‘(3) DEADLINE.—A determination under paragraph (1) shall
be completed by not later than 120 days after the date on
which funds are made available to the Secretary to carry out
the determination.
‘‘(4) TREATMENT.—
‘‘(A) TIMING.—The period during which a determination
is being completed under paragraph (1) for a study shall

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2629

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not be included for purposes of the deadline to complete
a final feasibility report under section 1001(a)(1) of the
Water Resources Reform and Development Act of 2014
(33 U.S.C. 2282c(a)(1)).
‘‘(B) COST.—The cost of a determination under paragraph (1) shall not be included for purposes of the maximum Federal cost under section 1001(a)(2) of the Water
Resources Reform and Development Act of 2014 (33 U.S.C.
2282c(a)(2)).
‘‘(5) REPORT TO NON-FEDERAL INTEREST.—If, based on a
determination under paragraph (1), the Secretary determines
that a study or project is not in the Federal interest because
the project will not result, or is unlikely to result, in a recommended plan that will produce national economic development benefits greater than cost, but may result in a technically
sound and environmentally acceptable plan that is otherwise
consistent with section 904 of the Water Resources Development
Act of 1986 (33 U.S.C. 2281), the Secretary shall issue a report
to the non-Federal interest with recommendations on how the
non-Federal interest might modify the proposal such that the
project could be in the Federal interest and feasible.’’.

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Recommendations.

SEC. 118. PILOT PROGRAMS ON THE FORMULATION OF CORPS OF
ENGINEERS PROJECTS IN RURAL COMMUNITIES AND
ECONOMICALLY DISADVANTAGED COMMUNITIES.

33 USC 2201
note.

(a) IN GENERAL.—The Secretary shall establish and implement
pilot programs, in accordance with this section, to evaluate
opportunities to address the flood risk management and hurricane
and storm damage risk reduction needs of rural communities and
economically disadvantaged communities.
(b) ECONOMICALLY DISADVANTAGED COMMUNITY FLOOD PROTECTION AND HURRICANE AND STORM DAMAGE REDUCTION STUDY PILOT
PROGRAM.—
(1) IN GENERAL.—Not later than 180 days after the date
of enactment of this Act, the Secretary shall establish and
implement a pilot program to carry out feasibility studies,
in accordance with this subsection, for flood risk management
and hurricane and storm damage risk reduction projects for
economically disadvantaged communities, in coordination with
non-Federal interests.
(2) PARTICIPATION IN PILOT PROGRAM.—In carrying out
paragraph (1), the Secretary shall—
(A) publish a notice in the Federal Register that
requests from non-Federal interests proposals for the potential feasibility study of a flood risk management project
or hurricane and storm damage risk reduction project for
an economically disadvantaged community;
(B) upon request of a non-Federal interest for such
a project, provide technical assistance to such non-Federal
interest in the formulation of a proposal for a potential
feasibility study to be submitted to the Secretary under
the pilot program; and
(C) review such proposals and select 10 feasibility
studies for such projects to be carried out by the Secretary,
in coordination with the non-Federal interest, under this
pilot program.

Evaluation.

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Deadline.
Coordination.

Notice.
Federal Register,
publication.

Proposal.

Review.
Studies.
Coordination.

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Reports.

Deadline.

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PUBLIC LAW 116–260—DEC. 27, 2020

(3) SELECTION CRITERIA.—In selecting a feasibility study
under paragraph (2)(C), the Secretary shall consider whether—
(A) the percentage of people living in poverty in the
county or counties (or county-equivalent entity or entities)
in which the project is located is greater than the percentage of people living in poverty in the State, based on
census bureau data;
(B) the percentage of families with income above the
poverty threshold but below the average household income
in the county or counties (or county-equivalent entity or
entities) in which the project is located is greater than
such percentage for the State, based on census bureau
data;
(C) the percentage of the population that identifies
as belonging to a minority or indigenous group in the
county or counties (or county-equivalent entity or entities)
in which the project is located is greater than the average
such percentage in the State, based on census bureau data;
and
(D) the project is addressing flooding or hurricane or
storm damage effects that have a disproportionate impact
on a rural community, a minority community, or an Indian
Tribe.
(4) ADMINISTRATION.—Notwithstanding the requirements of
section 105(a)(1)(A) of the Water Resources Development Act
of 1986 (33 U.S.C. 2215), the Federal share of the cost of
a feasibility study carried out under the pilot program shall
be 100 percent.
(5) STUDY REQUIREMENTS.—Feasibility studies carried out
under this subsection shall, to the maximum extent practicable,
incorporate natural features or nature-based features (as such
terms are defined in section 1184 of the Water Resources
Development Act of 2016 (33 U.S.C. 2289a)), or a combination
of such features and nonstructural features, that avoid or
reduce at least 50 percent of flood or storm damages in one
or more of the alternatives included in the final alternatives
evaluated.
(6) NOTIFICATION.—The Secretary shall notify the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate of the selection of each feasibility study
under the pilot program.
(7) COMPLETION.—Upon completion of a feasibility report
for a feasibility study selected to be carried out under this
subsection, the Secretary shall transmit the report to Congress
for authorization, and shall include the report in the next
annual report submitted under section 7001 of the Water
Resources Reform and Development Act of 2014 (33 U.S.C.
2282d).
(c) PILOT PROGRAM FOR THE RECOMMENDATION OF FLOOD
PROTECTION AND HURRICANE AND STORM DAMAGE REDUCTION
PROJECTS IN RURAL COMMUNITIES AND ECONOMICALLY DISADVANTAGED COMMUNITIES.—
(1) IN GENERAL.—Not later than 180 days after the date
of enactment of this Act, the Secretary shall establish and

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2631

implement a pilot program to evaluate, and make recommendations to Congress on, flood risk management projects and hurricane and storm damage risk reduction projects in rural communities or economically disadvantaged communities, without
demonstrating that each project is justified solely by national
economic development benefits.
(2) CONSIDERATIONS.—In carrying out this subsection, the
Secretary may make a recommendation to Congress on up
to 10 projects, without demonstrating that the project is justified solely by national economic development benefits, if the
Secretary determines that—
(A) the community to be served by the project is an
economically disadvantaged community or a rural community;
(B) the long-term life safety, economic viability, and
environmental sustainability of the community would be
threatened without the project; and
(C) the project is consistent with the requirements
of section 1 of the Flood Control Act of 1936 (33 U.S.C.
701a).
(3) CONSISTENCY.—In carrying out this subsection, the Secretary shall ensure that project recommendations are consistent
with the principles and requirements and the interagency
guidelines, as such terms are defined in section 110 of this
Act, including the consideration of quantifiable monetary and
nonmonetary benefits of the project.
(4) PRIORITIZATION.—The Secretary may give equivalent
budgetary consideration and priority to projects recommended
under this subsection.
(d) GEOGRAPHIC DIVERSITY.—In selecting feasibility studies
under subsection (b)(2)(C) or in making project recommendations
under subsection (c), the Secretary shall consider the geographic
diversity among proposed projects.
(e) REPORT.—Not later than 5 years and 10 years after the
date of enactment of this Act, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate, and make publicly available, a report detailing
the results of the pilot programs carried out under this section,
including—
(1) a description of proposals received from non-Federal
interests pursuant to subsection (b)(2)(A);
(2) a description of technical assistance provided to nonFederal interests under subsection (b)(2)(B);
(3) a description of proposals selected under subsection
(b)(2)(C) and criteria used to select such proposals;
(4) a description of the projects evaluated or recommended
by the Secretary under subsection (c);
(5) a description of the quantifiable monetary and nonmonetary benefits associated with the projects recommended under
subsection (c); and
(6) any recommendations to Congress on how the Secretary
can address the flood risk management and hurricane and
storm damage risk reduction needs of economically disadvantaged communities.
(f) STATE DEFINED.—In this section, the term ‘‘State’’ means
each of the several States, the District of Columbia, and each

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Determination.

Public
information.

Recommendations.

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134 STAT. 2632

PUBLIC LAW 116–260—DEC. 27, 2020

of the commonwealths, territories, and possessions of the United
States.
(g) SUNSET.—The authority to commence a feasibility study
under subsection (b), and the authority make a recommendation
under subsection (c), shall terminate on the date that is 10 years
after the date of enactment of this Act.
33 USC 701n–3.

SEC. 119. PERMANENT MEASURES TO REDUCE EMERGENCY FLOOD
FIGHTING NEEDS FOR COMMUNITIES SUBJECT TO
REPETITIVE FLOODING.

Study.

Review.

Determination.

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Recommendations.

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(a) DEFINITIONS.—In this section:
(1) AFFECTED COMMUNITY.—The term ‘‘affected community’’
means a legally constituted public body (as that term is used
in section 221(b) of the Flood Control Act of 1970 (42 U.S.C.
1962d–5b(b))—
(A) with jurisdiction over an area that has been subject
to flooding in two or more events in any 10-year period;
and
(B) that has received emergency flood-fighting assistance, including construction of temporary barriers by the
Secretary, under section 5 of the Act of August 18, 1941
(33 U.S.C. 701n) with respect to such flood events.
(2) NATURAL FEATURE; NATURE-BASED FEATURE.—The terms
‘‘natural feature’’ and ‘‘nature-based feature’’ have the meanings
given those terms in section 1184 of the Water Resources
Development Act of 2016 (33 U.S.C. 2289a).
(b) PROGRAM.—
(1) IN GENERAL.—The Secretary is authorized to carry out
a program to study, design, and construct water resources
development projects through measures involving, among other
things, strengthening, raising, extending, realigning, or otherwise modifying existing flood control works, designing new
works, and incorporating natural features, nature-based features, or nonstructural features, as appropriate to provide flood
and coastal storm risk management to affected communities.
(2) CONSIDERATIONS.—In carrying out paragraph (1), the
Secretary shall, to the maximum extent practical, review and,
where appropriate, incorporate natural features or nature-based
features, or a combination of such features and nonstructural
features, that avoid or reduce at least 50 percent of flood
or storm damages in one or more of the alternatives included
in the final alternatives evaluated.
(3) CONSTRUCTION.—
(A) IN GENERAL.—The Secretary may carry out a
project described in paragraph (1) without further congressional authorization if—
(i) the Secretary determines that the project—
(I) is advisable to reduce the risk of flooding
for an affected community; and
(II) produces benefits that are in excess of
the estimated costs; and
(ii) the Federal share of the cost of the construction
does not exceed $17,500,000.
(B) SPECIFIC AUTHORIZATION.—If the Federal share of
the cost of a project described in paragraph (1) exceeds
$17,500,000, the Secretary shall submit the project recommendation to Congress for authorization prior to

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2633

construction, and shall include the project recommendation
in the next annual report submitted under section 7001
of the Water Resources Reform and Development Act of
2014.
(C) FINANCING.—
(i) CONTRIBUTIONS.—If, based on a study carried
out pursuant to paragraph (1), the Secretary determines that a project described in paragraph (1) will
not produce benefits greater than cost, the Secretary
shall allow the affected community to pay, or provide
contributions equal to, an amount sufficient to make
the remaining costs of design and construction of the
project equal to the estimated value of the benefits
of the project.
(ii) EFFECT ON NON-FEDERAL SHARE.—Amounts
provided by an affected community under clause (i)
shall be in addition to any payments or contributions
the affected community is required to provide toward
the remaining costs of design and construction of the
project under section 103 of the Water Resources
Development Act of 1986 (33 U.S.C. 2213).
(4) ABILITY TO PAY.—
(A) IN GENERAL.—Any cost-sharing agreement for a
project entered into pursuant to this section shall be subject
to the ability of the affected community to pay.
(B) DETERMINATION.—The ability of any affected
community to pay shall be determined by the Secretary
in accordance with procedures established by the Secretary.
(C) EFFECT OF REDUCTION.—Any reduction in the nonFederal share of the cost of a project described in paragraph
(1) as a result of a determination under this paragraph
shall not be included in the Federal share for purposes
of subparagraphs (A) and (B) of paragraph (3).

Determination.

Procedures.

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SEC. 120. EMERGENCY RESPONSE TO NATURAL DISASTERS.

Section 5 of the Act of August 18, 1941 (33 U.S.C. 701n)
is amended—
(1) in subsection (a)—
(A) in paragraph (2)(B)—
(i) in clause (i)(I), by inserting ‘‘, or provide contributions equal to,’’ after ‘‘pay’’; and
(ii) in clause (ii)—
(I) in the heading, by inserting ‘‘AND CONTRIBUTIONS’’ after ‘‘OF PAYMENTS’’;
(II) by inserting ‘‘or contributions’’ after ‘‘NonFederal payments’’; and
(III) by inserting ‘‘or contributions’’ after ‘‘nonFederal payments’’; and
(B) by adding at the end the following:
‘‘(5) FEASIBILITY STUDY.—
‘‘(A) DETERMINATION.—Not later than 180 days after
receiving, from a non-Federal sponsor of a project to repair
or rehabilitate a flood control work described in paragraph
(1), a request to initiate a feasibility study to further modify
the relevant flood control work to provide for an increased
level of protection, the Secretary shall provide to the non-

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134 STAT. 2634

Federal sponsor a written decision on whether the Secretary has the authority under section 216 of the Flood
Control Act of 1970 (33 U.S.C. 549a) to undertake the
requested feasibility study.
‘‘(B) RECOMMENDATION.—If the Secretary determines
under subparagraph (B) that the Secretary does not have
the authority to undertake the requested feasibility study,
the Secretary shall include the request for a feasibility
study in the annual report submitted under section 7001
of the Water Resources Reform and Development Act of
2014.’’; and
(2) in subsection (c)—
(A) in the subsection heading, by striking ‘‘LEVEE
OWNERS MANUAL’’ and inserting ‘‘ELIGIBILITY’’;
(B) in paragraph (1), in the heading, by striking ‘‘IN
GENERAL’’ and inserting ‘‘LEVEE OWNER’S MANUAL’’;
(C) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively, and inserting after paragraph (1) the following:
‘‘(2) COMPLIANCE.—
‘‘(A) IN GENERAL.—Notwithstanding the status of
compliance of a non-Federal interest with the requirements
of a levee owner’s manual described in paragraph (1), or
with any other eligibility requirement established by the
Secretary related to the maintenance and upkeep responsibilities of the non-Federal interest, the Secretary shall
consider the non-Federal interest to be eligible for repair
and rehabilitation assistance under this section if the nonFederal interest—
‘‘(i) enters into a written agreement with the Secretary that identifies any items of deferred or inadequate maintenance and upkeep identified by the Secretary prior to the natural disaster; and
‘‘(ii) pays, during performance of the repair and
rehabilitation work, all costs to address—
‘‘(I) any items of deferred or inadequate
maintenance and upkeep identified by the Secretary; and
‘‘(II) any repair or rehabilitation work necessary to address damage the Secretary attributes
to such deferred or inadequate maintenance or
upkeep.
‘‘(B) ELIGIBILITY.—The Secretary may only enter into
one agreement under subparagraph (A) with any non-Federal interest.
‘‘(C) SUNSET.—The authority of the Secretary to enter
into agreements under paragraph (2) shall terminate on
the date that is 5 years after the date of enactment of
this paragraph.’’; and
(D) in paragraph (3) (as so redesignated), by striking
‘‘this subsection’’ and inserting ‘‘paragraph (1)’’.

Contracts.

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33 USC 701n
note.

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PUBLIC LAW 116–260—DEC. 27, 2020

SEC. 121. COST AND BENEFIT FEASIBILITY ASSESSMENT.

Section 1161(b) of the Water Resources Development Act of
2018 (33 U.S.C. 701n note) is amended—
(1) in the matter preceding paragraph (1)—

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2635

(A) by striking the ‘‘three fiscal years preceding’’ and
inserting ‘‘five fiscal years preceding’’; and
(B) by striking ‘‘last day of the third fiscal year’’ and
inserting ‘‘last day of the fifth fiscal year’’;
(2) in paragraph (1), by inserting ‘‘, or provide contributions
equal to,’’ before ‘‘an amount sufficient’’; and
(3) by striking paragraph (2) and inserting the following:
‘‘(2) the Secretary determines that the damage to the structure was not as a result of negligent operation or maintenance.’’.
SEC. 122. EXPEDITING REPAIRS AND RECOVERY FROM FLOODING.

33 USC 403 note.

(a) IN GENERAL.—To the maximum extent practicable, during
the 5-year period beginning on the date of enactment of this Act,
the Secretary shall prioritize and expedite the processing of applications for permits under section 10 of the Act of March 3, 1899
(33 U.S.C. 403), and section 404 of the Federal Water Pollution
Control Act (33 U.S.C. 1344), and permissions under section 14
of the Act of March 3, 1899 (33 U.S.C. 408), to complete repairs,
reconstruction (including improvements), and upgrades to flood control infrastructure damaged by flooding events during calendar
years 2017 through 2020, including flooding events caused by ice
jams.
(b) SAVINGS PROVISION.—Nothing in this section affects any
obligation to comply with the requirements of any Federal law,
including—
(1) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
(2) the Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.); and
(3) the Endangered Species Act of 1973 (16 U.S.C. 1531
et seq.).

Time periods.
Effective date.

SEC. 123. REVIEW OF CORPS OF ENGINEERS ASSETS.

Section 6002 of the Water Resources Reform and Development
Act of 2014 (128 Stat. 1349) is amended to read as follows:

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‘‘SEC. 6002. REVIEW OF CORPS OF ENGINEERS ASSETS.

‘‘(a) ASSESSMENT.—The Secretary shall conduct an assessment
of projects constructed by the Secretary for which the Secretary
continues to have financial or operational responsibility.
‘‘(b) INVENTORY.—Not later than 18 months after the date of
enactment of the Water Resources Development Act of 2020, the
Secretary shall, based on the assessment carried out under subsection (a), develop an inventory of projects or portions of projects—
‘‘(1) that are not needed for the missions of the Corps
of Engineers;
‘‘(2) the modification of which, including though the use
of structural features, nonstructural features, or natural features or nature-based features (as those terms are defined
in section 1184(a) of the Water Resources Development Act
of 2016 (33 U.S.C. 2289a(a)), could improve the sustainable
operations of the project, or reduce operation and maintenance
costs for the project; or
‘‘(3) that are no longer having project purposes adequately
met by the Corps of Engineers, because of deferment of maintenance or other challenges, and the divestment of which to
a non-Federal entity could better meet the local and regional
needs for operation and maintenance.

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134 STAT. 2636

Public
information.

Appendix.
Determination.

PUBLIC LAW 116–260—DEC. 27, 2020

‘‘(c) CRITERIA.—In conducting the assessment under subsection
(a) and developing the inventory under subsection (b), the Secretary
shall use the following criteria:
‘‘(1) The extent to which the project aligns with the current
missions of the Corps of Engineers.
‘‘(2) The economic and environmental impacts of the project
on existing communities in the vicinity of the project.
‘‘(3) The extent to which the divestment or modification
of the project could reduce operation and maintenance costs
of the Corps of Engineers.
‘‘(4) The extent to which the divestment or modification
of the project is in the public interest.
‘‘(5) The extent to which investment of additional Federal
resources in the project proposed for divestment or modification,
including investment needed to bring the project to a good
state of repair, is in the public interest.
‘‘(6) The extent to which the authorized purpose of the
project is no longer being met.
‘‘(d) RECOMMENDATIONS OF NON-FEDERAL INTERESTS.—A nonFederal interest for a project may recommend that the Secretary
include such project in the assessment or inventory required under
this section.
‘‘(e) REPORT TO CONGRESS.—
‘‘(1) IN GENERAL.—Upon completion of the inventory
required by subsection (b), the Secretary shall submit to the
Committee on Environment and Public Works of the Senate
and the Committee on Transportation and Infrastructure of
the House of Representatives, and make publicly available,
a report containing the findings of the Secretary with respect
to the assessment and inventory required under this section.
‘‘(2) INCLUSION.—The Secretary shall list in an appendix
any recommendation of a non-Federal interest made with
respect to a project under subsection (d) that the Secretary
determines not to include in the inventory developed under
subsection (b), based on the criteria in subsection (c), including
information about the request and the reasons for the Secretary’s determination.’’.
SEC. 124. SENSE OF CONGRESS ON MULTIPURPOSE PROJECTS.

It is the sense of Congress that the Secretary, in coordination
with non-Federal interests, should maximize the development,
evaluation, and recommendation of project alternatives for future
water resources development projects that produce multiple project
benefits, such as navigation, flood risk management, and ecosystem
restoration benefits, including through the use of natural or naturebased features and the beneficial use of dredged material.
SEC. 125. BENEFICIAL USE OF DREDGED MATERIAL; DREDGED MATERIAL MANAGEMENT PLANS.

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33 USC 2326g.

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(a) NATIONAL POLICY ON THE BENEFICIAL USE OF DREDGED
MATERIAL.—
(1) IN GENERAL.—It is the policy of the United States
for the Corps of Engineers to maximize the beneficial use,
in an environmentally acceptable manner, of suitable dredged
material obtained from the construction or operation and
maintenance of water resources development projects.
(2) PLACEMENT OF DREDGED MATERIALS.—

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2637

(A) IN GENERAL.—In evaluating the placement of
dredged material obtained from the construction or operation and maintenance of water resources development
projects, the Secretary shall consider—
(i) the suitability of the dredged material for a
full range of beneficial uses; and
(ii) the economic and environmental benefits, efficiencies, and impacts (including the effects on living
coral) of using the dredged material for beneficial uses,
including, in the case of beneficial use activities that
involve more than one water resources development
project, the benefits, efficiencies, and impacts that
result from the combined activities.
(B) CALCULATION OF FEDERAL STANDARD.—
(i) DETERMINATION.—The economic benefits and
efficiencies from the beneficial use of dredged material
considered by the Secretary under subparagraph (A)
shall be included in any determination relating to the
‘‘Federal standard’’ by the Secretary under section
335.7 of title 33, Code of Federal Regulations, for the
placement or disposal of such material.
(ii) REPORTS.—The Secretary shall submit to Congress—
(I) a report detailing the method and all of
the factors utilized by the Corps of Engineers to
determine the Federal standard referred to in
clause (i); and
(II) for each evaluation under subparagraph
(A), a report displaying the calculations for economic and environmental benefits and efficiencies
from the beneficial use of dredged material
(including, where appropriate, the utilization of
alternative dredging equipment and dredging disposal methods) considered by the Secretary under
such subparagraph for the placement or disposal
of such material.
(C) SELECTION OF DREDGED MATERIAL DISPOSAL
METHOD FOR CERTAIN PURPOSES.—Section 204(d) of the
Water Resources Development Act of 1992 (33 U.S.C.
2326(d)) is amended—
(i) in paragraph (1)—
(I) in the matter preceding subparagraph (A),
by striking ‘‘In developing’’ and all that follows
through ‘‘the non-Federal interest,’’ and inserting
‘‘At the request of the non-Federal interest for
a water resources development project involving
the disposal of dredged material, the Secretary,
using funds appropriated for construction or operation and maintenance of the project, may select’’;
and
(II) in subparagraph (B), by striking ‘‘flood
and storm damage and flood reduction benefits’’
and inserting ‘‘hurricane and storm or flood risk
reduction benefits’’; and
(ii) by adding at the end the following:

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134 STAT. 2638

PUBLIC LAW 116–260—DEC. 27, 2020
‘‘(5) SELECTION OF DREDGED MATERIAL DISPOSAL METHOD
FOR CERTAIN PURPOSES.—Activities carried out under this sub-

33 USC 2326
note.

33 USC 2326h.

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Deadline.
Coordination.

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section—
‘‘(A) shall be carried out using amounts appropriated
for construction or operation and maintenance of the project
involving the disposal of the dredged material; and
‘‘(B) shall not carried out using amounts made available under subsection (g).’’.
(b) BENEFICIAL USE OF DREDGED MATERIAL.—
(1) PILOT PROGRAM PROJECTS.—Section 1122 of the Water
Resources Development Act of 2016 (33 U.S.C. 2326 note) is
amended—
(A) in subsection (a)—
(i) in paragraph (6), by striking ‘‘; and’’ and
inserting a semicolon;
(ii) in paragraph (7)(C), by striking the period at
the end and inserting ‘‘; and’’; and
(iii) by adding at the end the following:
‘‘(8) recovering lost storage capacity in reservoirs due to
sediment accumulation, if the project also has a purpose
described in any of paragraphs (1) through (7).’’;
(B) in subsection (b)(1), by striking ‘‘20’’ and inserting
‘‘35’’; and
(C) in subsection (g), by striking ‘‘20’’ and inserting
‘‘35’’.
(2) SENSE OF CONGRESS.—It is the sense of Congress that
the Secretary, in selecting projects for the beneficial use of
dredged materials under section 1122 of the Water Resources
Development Act of 2016 (33 U.S.C. 2326 note), should ensure
the thorough evaluation of project submissions from rural,
small, and economically disadvantaged communities.
(3) PROJECT SELECTION.—In selecting projects for the beneficial use of dredged materials under section 1122 of the Water
Resources Development Act of 2016 (33 U.S.C. 2326 note),
the Secretary shall prioritize the selection of at least one project
for the utilization of thin layer placement of dredged fine and
coarse grain sediment and at least one project for recovering
lost storage capacity in reservoirs due to sediment accumulation
authorized by subsection (a)(8) of such section, to the extent
that a non-Federal interest has submitted an application for
such project purposes that otherwise meets the requirements
of such section.
(4) TEMPORARY EASEMENTS.—Section 1148 of the Water
Resources Development Act of 2018 (33 U.S.C. 2326 note) is
amended—
(A) in subsection (a)—
(i) by striking ‘‘grant’’ and inserting ‘‘approve’’; and
(ii) by striking ‘‘granting’’ and inserting
‘‘approving’’; and
(B) in subsection (b), by striking ‘‘grants’’ and inserting
‘‘approves’’.
(c) FIVE-YEAR REGIONAL DREDGED MATERIAL MANAGEMENT
PLANS.—
(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, and annually thereafter, the District
Commander of each district of the Corps of Engineers that
obtains dredged material through the construction or operation

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2639

and maintenance of a water resources development project
shall, at Federal expense, develop and submit to the Secretary
a 5-year dredged material management plan in coordination
with relevant State agencies and stakeholders.
(2) SCOPE.—Each plan developed under this subsection
shall include—
(A) a dredged material budget for each watershed or
littoral system within the district;
(B) an estimate of the amount of dredged material
likely to be obtained through the construction or operation
and maintenance of all water resources development
projects projected to be carried out within the district
during the 5-year period following submission of the plan,
and the estimated timing for obtaining such dredged material;
(C) an identification of potential water resources
development projects projected to be carried out within
the district during such 5-year period that are suitable
for, or that require, the placement of dredged material,
and an estimate of the amount of dredged material placement capacity of such projects;
(D) an evaluation of—
(i) the suitability of the dredged material for a
full range of beneficial uses; and
(ii) the economic and environmental benefits, efficiencies, and impacts (including the effects on living
coral) of using the dredged material for beneficial uses,
including, in the case of beneficial use activities that
involve more than one water resources development
project, the benefits, efficiencies, and impacts that
result from the combined activities;
(E) the district-wide goals for beneficial use of the
dredged material, including any expected cost savings from
aligning and coordinating multiple projects (including
projects across Corps districts) in the use of the dredged
material; and
(F) a description of potential beneficial use projects
identified through stakeholder solicitation and coordination.
(3) PUBLIC COMMENT.—In developing each plan under this
subsection, each District Commander shall provide notice and
an opportunity for public comment, including a solicitation
for stakeholders to identify beneficial use projects, in order
to ensure, to the extent practicable, that beneficial use of
dredged material is not foregone in a particular fiscal year
or dredging cycle.
(4) PUBLIC AVAILABILITY.—Upon submission of each plan
to the Secretary under this subsection, each District Commander shall make the plan publicly available, including on
a publicly available website.
(5) TRANSMISSION TO CONGRESS.—As soon as practicable
after receiving a plan under subsection (a), the Secretary shall
transmit the plan to Congress.
(6) REGIONAL SEDIMENT MANAGEMENT PLANS.—A plan
developed under this section—
(A) shall be in addition to regional sediment management plans prepared under section 204(a) of the Water

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Estimates.

Estimate.

Evaluations.

Notice.

Web posting.

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134 STAT. 2640

PUBLIC LAW 116–260—DEC. 27, 2020
Resources Development Act of 1992 (33 U.S.C. 2326(a));
and
(B) shall not be subject to the limitations in section
204(g) of the Water Resources Development Act of 1992
(33 U.S.C. 2326(g)).
(d) DREDGE PILOT PROGRAM.—
(1) REVISIONS.—Section 1111 of the Water Resources
Development Act of 2018 (33 U.S.C. 2326 note) is amended—
(A) in subsection (a), by striking ‘‘for the operation
and maintenance of harbors and inland harbors’’ and all
that follows through the period at the end and inserting
the following: ‘‘for the operation and maintenance of—
‘‘(1) harbors and inland harbors referred to in section
210(a)(2) of the Water Resources Development Act of 1986
(33 U.S.C. 2238(a)(2)); or
‘‘(2) inland and intracoastal waterways of the United States
described in section 206 of the Inland Waterways Revenue
Act of 1978 (33 U.S.C. 1804).’’; and
(B) in subsection (b), by striking ‘‘or inland harbors’’
and inserting ‘‘, inland harbors, or inland or intracoastal
waterways’’.
(2) COORDINATION WITH EXISTING AUTHORITIES.—The Secretary may carry out the dredge pilot program authorized by
section 1111 of the Water Resources Development Act of 2018
(33 U.S.C. 2326 note) in coordination with Federal regional
dredge demonstration programs in effect on the date of enactment of this Act.

33 USC 2326
note.

SEC. 126. AQUATIC ECOSYSTEM RESTORATION FOR ANADROMOUS
FISH.

(a) ANADROMOUS FISH HABITAT AND PASSAGE.—Section 206
of the Water Resources Development Act of 1996 (33 U.S.C. 2330)
is amended—
(1) in subsection (a), by adding at the end the following:
‘‘(3) ANADROMOUS FISH HABITAT AND PASSAGE.—
‘‘(A) MEASURES.—A project under this section may
include measures to improve habitat or passage for anadromous fish, including—
‘‘(i) installing fish bypass structures on small water
diversions;
‘‘(ii) modifying tide gates; and
‘‘(iii) restoring or reconnecting floodplains and wetlands that are important for anadromous fish habitat
or passage.
‘‘(B) BENEFITS.—A project that includes measures
under this paragraph shall be formulated to maximize
benefits for the anadromous fish species benefitted by the
project.’’; and
(2) by adding at the end the following:
‘‘(g) PRIORITIZATION.—The Secretary shall give projects that
include measures described in subsection (a)(3) equal priority for
implementation as other projects under this section.’’.

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SEC. 127. ANNUAL REPORT TO CONGRESS ON WATER RESOURCES
INFRASTRUCTURE.

(a) IN GENERAL.—Section 7001 of the Water Resources Reform
and Development Act of 2014 (33 U.S.C. 2282d) is amended—
(1) in subsection (c)—

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2641

(A) in paragraph (1)—
(i) in subparagraph (B)(ii)(III), by inserting ‘‘,
regional, or local’’ after ‘‘national’’; and
(ii) by adding at the end the following:
‘‘(D) MODIFICATIONS OF PROJECTS CARRIED OUT PURSUANT TO CONTINUING AUTHORITY PROGRAMS.—
‘‘(i) IN GENERAL.—With respect to a project being
carried out pursuant to a continuing authority program
for which a proposed modification is necessary because
the project is projected to exceed, in the coming fiscal
year, the maximum Federal cost of the project, the
Secretary shall include a proposed modification in the
annual report if the proposed modification will result
in completion of construction the project and the justification for the modification is not the result of a
change in the scope of the project.
‘‘(ii) INCLUSION.—For each proposed modification
included in an annual report under clause (i), the
Secretary shall include in the annual report—
‘‘(I) a justification of why the modification is
necessary;
‘‘(II) an estimate of the total cost and timeline
required to complete construction of the project;
and
‘‘(III) an indication of continued support by
the non-Federal interest and the financial ability
of the non-Federal interest to provide the required
cost-share.
‘‘(iii) DEFINITION.—For the purposes of this
subparagraph, the term ‘continuing authority program’
means any of—
‘‘(I) section 14 of the Flood Control Act of
1946 (33 U.S.C. 701r);
‘‘(II) section 3 of the Act of August 13, 1946
(33 U.S.C. 426g);
‘‘(III) section 107 of the River and Harbor Act
of 1960 (33 U.S.C. 577);
‘‘(IV) section 111 of the River and Harbor Act
of 1968 (33 U.S.C. 426i);
‘‘(V) section 204 of the Water Resources
Development Act of 1992 (33 U.S.C. 2326);
‘‘(VI) section 205 of the Flood Control Act of
1948 (33 U.S.C. 701s);
‘‘(VII) section 206 of the Water Resources
Development Act of 1996 (33 U.S.C. 2330);
‘‘(VIII) section 2 of the Act of August 28, 1937
(33 U.S.C. 701g); and
‘‘(IX) section 1135 of the Water Resources
Development Act of 1986 (33 U.S.C. 2309a).’’; and
(B) in paragraph (4)(B)—
(i) in clause (i), by striking ‘‘and’’ at the end;
(ii) by redesignating clause (ii) as clause (iii); and
(iii) by inserting after clause (i) the following:
‘‘(ii) the Secretary shall not include proposals in
the appendix of the annual report that otherwise meet
the criteria for inclusion in the annual report solely
on the basis that the proposals are for the purposes

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134 STAT. 2642

33 USC 2282d
note.

33 USC 2282d
note.

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of navigation, flood risk management, ecosystem restoration, or municipal or agricultural water supply;
and’’; and
(2) in subsection (g)(5), by striking ‘‘if authorized’’ and
all that follows through ‘‘2016’’.
(b) OVER-BUDGET CAP PROGRAMS.—For any project carried out
under a continuing authority program, as such term is defined
in section 7001(c)(1)(D) of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d)), for which the Secretary is
required to include a proposed modification in an annual report
under such section 7001(c)(1)(D), the Secretary shall, to the extent
practicable, inform the non-Federal interest of the process for carrying out the project pursuant to section 105 of the Water Resources
Development Act of 1986 (33 U.S.C. 2215) and whether the Secretary has the authority to complete a feasibility study for the
project.
(c) ANNUAL REPORT ON STATUS OF FEASIBILITY STUDIES.—
Concurrent with each report submitted under section 7001 of the
Water Resources Reform and Development Act of 2014 (33 U.S.C.
2282d), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate a
report that provides for an accounting of all outstanding feasibility
studies being conducted by the Secretary, including, for each such
study, its length, cost, and expected completion date.

33 USC 610 note.

SEC. 128. HARMFUL ALGAL BLOOM DEMONSTRATION PROGRAM.

Determination.

(a) IN GENERAL.—The Secretary shall carry out a demonstration
program to determine the causes of, and implement measures to
effectively detect, prevent, treat, and eliminate, harmful algal
blooms associated with water resources development projects.
(b) CONSULTATION; USE OF EXISTING DATA AND PROGRAM
AUTHORITIES.—In carrying out the demonstration program under
subsection (a), the Secretary shall—
(1) consult with the heads of appropriate Federal and State
agencies; and
(2) make maximum use of existing Federal and State data
and ongoing programs and activities of Federal and State agencies, including the activities of the Secretary carried out through
the Engineer Research and Development Center pursuant to
section 1109 of the Water Resources Development Act of 2018
(33 U.S.C. 610 note).
(c) FOCUS AREAS.—In carrying out the demonstration program
under subsection (a), the Secretary shall undertake program activities related to harmful algal blooms in the Great Lakes, the tidal
and inland waters of the State of New Jersey, the coastal and
tidal waters of the State of Louisiana, the waterways of the counties
that comprise the Sacramento-San Joaquin Delta, California, the
Allegheny Reservoir Watershed, New York, and Lake Okeechobee,
Florida.
(d) ADDITIONAL FOCUS AREAS.—In addition to the areas
described in subsection (c), in carrying out the demonstration program under subsection (a), the Secretary shall undertake program
activities related to harmful algal blooms at any Federal reservoir
located in the Upper Missouri River Basin or the North Platte
River Basin, at the request and expense of another Federal agency.

State listing.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2643

(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary $25,000,000 to carry out this
section. Such sums shall remain available until expended.
SEC.

129.

MISSOURI RIVER
CONSTRUCTION.

INTERCEPTION-REARING

COMPLEX

(a) REPORT.—Not later than 1 year after the date of enactment
of this Act, and annually thereafter, the Secretary shall submit
to the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Environment and Public
Works of the Senate a report on the effects of any interceptionrearing complex constructed on the Missouri River on—
(1) flood risk management and navigation; and
(2) the population recovery of the pallid sturgeon, including
baseline population counts.
(b) NO ADDITIONAL IRC CONSTRUCTION.—The Secretary may
not authorize construction of an interception-rearing complex on
the Missouri River until the Secretary—
(1) submits the report required by subsection (a);
(2) acting through the Engineer Research and Development
Center, conducts further research on interception-rearing complex design, including any effects on existing flows, flood risk
management, and navigation; and
(3) develops a plan—
(A) to repair dikes and revetments that are affecting
flood risk and bank erosion; and
(B) to establish, repair, or improve water control structures at the headworks of constructed shallow water
habitat side-channels.
(c) FUTURE IRC CONSTRUCTION.—
(1) PUBLIC COMMENT.—The Secretary shall provide an
opportunity for comment from the public and the Governor
of each affected State on any proposals to construct an interception-rearing complex after the date of enactment of this Act.
(2) PERIOD.—The public comment period required by paragraph (1) shall be not less than 90 days for each proposal
to construct an interception-rearing complex on the Missouri
River.

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SEC. 130. MATERIALS, SERVICES, AND FUNDS FOR REPAIR, RESTORATION, OR REHABILITATION OF PROJECTS.

Research and
development.

Plan.

33 USC 2325b.

(a) DEFINITIONS.—In this section:
(1) COVERED AREA.—The term ‘‘covered area’’ means an
area—
(A) for which the Governor of a State has requested
a determination that an emergency exists; or
(B) covered by an emergency or major disaster declaration declared under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
(2) EMERGENCY PERIOD.—The term ‘‘emergency period’’
means—
(A) with respect to a covered area described in paragraph (1)(A), the period during which the Secretary determines an emergency exists; and
(B) with respect to a covered area described in paragraph (1)(B), the period during which the applicable declaration is in effect.

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134 STAT. 2644
Reimbursement.
Determination.

Compliance.

Contracts.

PUBLIC LAW 116–260—DEC. 27, 2020

(b) IN GENERAL.—In any covered area, the Secretary is authorized to accept and use materials, services, and funds, during the
emergency period, from a non-Federal interest or private entity
to repair, restore, or rehabilitate a federally authorized water
resources development project, and to provide reimbursement to
such non-Federal interest or private entity for such materials, services, and funds, in the Secretary’s sole discretion, and subject to
the availability of appropriations, if the Secretary determines that
reimbursement is in the public interest.
(c) ADDITIONAL REQUIREMENT.—The Secretary may only
reimburse for the use of materials or services accepted under this
section if such materials or services meet the Secretary’s specifications and comply with all applicable laws and regulations that
would apply if such materials and services were acquired by the
Secretary, including sections 3141 through 3148 and 3701 through
3708 of title 40, United States Code, section 8302 of title 41,
United States Code, and the National Environmental Policy Act
of 1969.
(d) AGREEMENTS.—
(1) IN GENERAL.—Prior to the acceptance of materials, services, or funds under this section, the Secretary and the nonFederal interest or private entity shall enter into an agreement
that specifies—
(A) the non-Federal interest or private entity shall
hold and save the United States free from any and all
damages that arise from use of materials or services of
the non-Federal interest or private entity, except for damages due to the fault or negligence of the United States
or its contractors;
(B) the non-Federal interest or private entity shall
certify that the materials or services comply with all
applicable laws and regulations under subsection (c); and
(C) any other term or condition required by the Secretary.
(2) EXCEPTION.—If an agreement under paragraph (1) was
not entered prior to materials or services being contributed,
a non-Federal interest or private entity shall enter into an
agreement with the Secretary that—
(A) specifies the value, as determined by the Secretary,
of those materials or services contributed and eligible for
reimbursement; and
(B) ensures that the materials or services comply with
subsection (c) and paragraph (1).

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SEC. 131. LEVEE SAFETY.

Section 9004 of the Water Resources Development Act of 2007
(33 U.S.C. 3303) is amended by adding at the end the following:
‘‘(d) IDENTIFICATION OF DEFICIENCIES.—
‘‘(1) IN GENERAL.—For each levee included in an inventory
established under subsection (b) or for which the Secretary
has conducted a review under subsection (c), the Secretary
shall—
‘‘(A) identify the specific engineering and maintenance
deficiencies, if any; and
‘‘(B) describe the recommended remedies to correct each
deficiency identified under subparagraph (A), and, if

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134 STAT. 2645

requested by owner of a non-Federal levee, the associated
costs of those remedies.
‘‘(2) CONSULTATION.—In identifying deficiencies and
describing remedies for a levee under paragraph (1), the Secretary shall consult with relevant non-Federal interests,
including by providing an opportunity for comment by those
non-Federal interests.’’.

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SEC. 132. NATIONAL DAM SAFETY PROGRAM.

(a) DEFINITIONS.—Section 2 of the National Dam Safety Program Act (33 U.S.C. 467) is amended—
(1) in paragraph (4)—
(A) in subparagraph (A)—
(i) by striking clause (iii) and inserting the following:
‘‘(iii) has an emergency action plan that—
‘‘(I) is approved by the relevant State dam
safety agency; or
‘‘(II) is in conformance with State law and
pending approval by the relevant State dam safety
agency;’’; and
(ii) by striking clause (iv) and inserting the following:
‘‘(iv) fails to meet minimum dam safety standards
of the State in which the dam is located, as determined
by the State; and
‘‘(v) poses an unacceptable risk to the public, as
determined by the Administrator, in consultation with
the Board.’’; and
(B) in subparagraph (B)(i), by inserting ‘‘under a hydropower project with an authorized installed capacity of
greater than 1.5 megawatts’’ after ‘‘dam’’; and
(2) in paragraph (10)—
(A) in the heading, by striking ‘‘NON-FEDERAL SPONSOR’’
and inserting ‘‘ELIGIBLE SUBRECIPIENT’’; and
(B) by striking ‘‘The term ‘non-Federal sponsor’ ’’ and
inserting ‘‘The term ‘eligible subrecipient’ ’’.
(b) REHABILITATION OF HIGH HAZARD POTENTIAL DAMS.—
(1) ESTABLISHMENT OF PROGRAM.—Section 8A(a) of the
National Dam Safety Program Act (33 U.S.C. 467f–2(a)) is
amended by striking ‘‘to non-Federal sponsors’’ and inserting
‘‘to States with dam safety programs’’.
(2) ELIGIBLE ACTIVITIES.—Section 8A(b) of the National
Dam Safety Program Act (33 U.S.C. 467f–2(b)) is amended,
in the matter preceding paragraph (1), by striking ‘‘for a project
may be used for’’ and inserting ‘‘to a State may be used by
the State to award grants to eligible subrecipients for’’.
(3) AWARD OF GRANTS.—Section 8A(c) of the National Dam
Safety Program Act (33 U.S.C. 467f–2(c)) is amended—
(A) in paragraph (1)(A), by striking ‘‘non-Federal
sponsor’’ and inserting ‘‘State’’; and
(B) in paragraph (2)—
(i) in subparagraph (A), by striking ‘‘an eligible
high hazard potential dam to a non-Federal sponsor’’
and inserting ‘‘eligible high hazard potential dams to
a State’’;
(ii) in subparagraph (B)—

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134 STAT. 2646

Requirements.

Compliance.

Deadline.
Publication.
Criteria.

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Deadline.
Consultation.
Publication.

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(I) in the subparagraph heading, by striking
‘‘PROJECT GRANT’’ and inserting ‘‘GRANT’’;
(II) by striking ‘‘project grant agreement with
the non-Federal sponsor’’ and inserting ‘‘grant
agreement with the State’’; and
(III) by striking ‘‘project,’’ and inserting
‘‘projects for which the grant is awarded,’’;
(iii) by amending subparagraph (C) to read as follows:
‘‘(C) GRANT ASSURANCE.—As part of a grant agreement
under subparagraph (B), the Administrator shall require
that each eligible subrecipient to which the State awards
a grant under this section provides an assurance, with
respect to the dam to be rehabilitated by the eligible subrecipient, that the dam owner will carry out a plan for
maintenance of the dam during the expected life of the
dam.’’; and
(iv) in subparagraph (D), by striking ‘‘A grant provided under this section shall not exceed’’ and inserting
‘‘A State may not award a grant to an eligible subrecipient under this section that exceeds, for any 1
dam,’’.
(4) REQUIREMENTS.—Section 8A(d) of the National Dam
Safety Program Act (33 U.S.C. 467f–2(d)) is amended—
(A) in paragraph (1), by inserting ‘‘to an eligible subrecipient’’ after ‘‘this section’’;
(B) in paragraph (2)—
(i) in the paragraph heading, by striking ‘‘NONFEDERAL SPONSOR’’ and inserting ‘‘ELIGIBLE SUBRECIPIENT’’;
(ii) in the matter preceding subparagraph (A), by
striking ‘‘the non-Federal sponsor shall’’ and inserting
‘‘an eligible subrecipient shall, with respect to the dam
to be rehabilitated by the eligible subrecipient’’;
(iii) by amending subparagraph (A) to read as follows:
‘‘(A) demonstrate that the community in which the
dam is located participates in, and complies with, all
applicable Federal flood insurance programs, including
demonstrating that such community is participating in the
National Flood Insurance Program, and is not on probation,
suspended, or withdrawn from such Program;’’;
(iv) in subparagraph (B), by striking ‘‘have’’ and
inserting ‘‘beginning not later than 2 years after the
date on which the Administrator publishes criteria for
hazard mitigation plans under paragraph (3), demonstrate that the Tribal or local government with jurisdiction over the area in which the dam is located
has’’; and
(v) in subparagraph (C), by striking ‘‘50-year
period’’ and inserting ‘‘expected life of the dam’’; and
(C) by adding at the end the following:
‘‘(3) HAZARD MITIGATION PLAN CRITERIA.—Not later than
1 year after the date of enactment of this paragraph, the
Administrator, in consultation with the Board, shall publish
criteria for hazard mitigation plans required under paragraph
(2)(B).’’.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2647

(5) FLOODPLAIN MANAGEMENT PLANS.—Section 8A(e) of the
National Dam Safety Program Act (33 U.S.C. 467f–2(e)) is
amended—
(A) in paragraph (1)—
(i) in the matter preceding subparagraph (A), by
striking ‘‘the non-Federal sponsor’’ and inserting ‘‘an
eligible subrecipient’’; and
(ii) in subparagraph (B), by striking ‘‘1 year’’ and
inserting ‘‘2 years’’ each place it appears; and
(B) by striking paragraph (3) and inserting the following:
‘‘(3) PLAN CRITERIA AND TECHNICAL SUPPORT.—The
Administrator, in consultation with the Board, shall provide
criteria, and may provide technical support, for the development
and implementation of floodplain management plans prepared
under this subsection.’’.
(6) CONTRACTUAL REQUIREMENTS.—Section 8A(i)(1) of the
National Dam Safety Program Act (33 U.S.C. 467f–2(i)(1)) is
amended by striking ‘‘a non-Federal sponsor’’ and inserting
‘‘an eligible subrecipient’’.

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SEC. 133. REHABILITATION OF CORPS OF ENGINEERS CONSTRUCTED
PUMP STATIONS.

(a) DEFINITIONS.—In this section:
(1) ELIGIBLE PUMP STATION.—The term ‘‘eligible pump station’’ means a pump station—
(A) constructed, in whole or in part, by the Corps
of Engineers for flood risk management purposes;
(B) that the Secretary has identified as having a major
deficiency; and
(C) the failure of which the Secretary has determined
would impair the function of a flood risk management
project constructed by the Corps of Engineers.
(2) REHABILITATION.—
(A) IN GENERAL.—The term ‘‘rehabilitation’’, with
respect to an eligible pump station, means to address a
major deficiency of the eligible pump station caused by
long-term degradation of the foundation, construction materials, or engineering systems or components of the eligible
pump station.
(B) INCLUSIONS.—The term ‘‘rehabilitation’’, with
respect to an eligible pump station, includes—
(i) the incorporation into the eligible pump station
of—
(I) current design standards;
(II) efficiency improvements; and
(III) associated drainage; and
(ii) increasing the capacity of the eligible pump
station, subject to the condition that the increase
shall—
(I) significantly decrease the risk of loss of
life and property damage; or
(II) decrease total lifecycle rehabilitation costs
for the eligible pump station.
(b) AUTHORIZATION.—The Secretary may carry out rehabilitation of an eligible pump station, if the Secretary determines that
the rehabilitation is feasible.

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33 USC 2327a.

Determination.

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134 STAT. 2648

Contracts.

Regulations.

PUBLIC LAW 116–260—DEC. 27, 2020

(c) COST SHARING.—The non-Federal interest for the eligible
pump station shall—
(1) provide 35 percent of the cost of rehabilitation of an
eligible pump station carried out under this section; and
(2) provide all land, easements, rights-of-way, and necessary relocations associated with the rehabilitation described
in subparagraph (A), at no cost to the Federal Government.
(d) AGREEMENT REQUIRED.—The rehabilitation of an eligible
pump station pursuant to this section shall be initiated only after
a non-Federal interest has entered into a binding agreement with
the Secretary—
(1) to pay the non-Federal share of the costs of rehabilitation under subsection (c); and
(2) to pay 100 percent of the operation and maintenance
costs of the rehabilitated eligible pump station, in accordance
with regulations promulgated by the Secretary.
(e) TREATMENT.—The rehabilitation of an eligible pump station
pursuant to this section shall not be considered to be a separable
element of the associated flood risk management project constructed
by the Corps of Engineers.
(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $60,000,000, to remain
available until expended.
SEC. 134. NON-FEDERAL PROJECT IMPLEMENTATION PILOT PROGRAM.

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Deadline.

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(a) REAUTHORIZATION; IMPLEMENTATION GUIDANCE.—Section
1043(b) of the Water Resources Reform and Development Act of
2014 (33 U.S.C. 2201 note) is amended—
(1) in paragraph (7), by striking ‘‘the date that is 5 years
after the date of enactment of this Act’’ and inserting ‘‘September 30, 2026’’;
(2) in paragraph (8), by striking ‘‘2023’’ and inserting
‘‘2026’’; and
(3) by adding at the end the following:
‘‘(9) IMPLEMENTATION GUIDANCE.—
‘‘(A) IN GENERAL.—Not later than 120 days after the
date of enactment of this paragraph, the Secretary shall
issue guidance for the implementation of the pilot program
that, to the extent practicable, identifies—
‘‘(i) the metrics for measuring the success of the
pilot program;
‘‘(ii) a process for identifying future projects to
participate in the pilot program;
‘‘(iii) measures to address the risks of a non-Federal interest constructing projects under the pilot program, including which entity bears the risk for projects
that fail to meet the Corps of Engineers standards
for design or quality;
‘‘(iv) the laws and regulations that a non-Federal
interest must follow in carrying out a project under
the pilot program; and
‘‘(v) which entity bears the risk in the event that
a project carried out under the pilot program fails
to be carried out in accordance with the project
authorization or this subsection.

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PUBLIC LAW 116–260—DEC. 27, 2020

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‘‘(B) NEW PROJECT PARTNERSHIP AGREEMENTS.—The
Secretary may not enter into a project partnership agreement under this subsection during the period beginning
on the date of enactment of this paragraph and ending
on the date on which the Secretary issues the guidance
under subparagraph (A).’’.
(b) NON-FEDERAL PROJECT IMPLEMENTATION FOR COMPREHENSIVE EVERGLADES RESTORATION PLAN PROJECTS.—
(1) IN GENERAL.—In carrying out the pilot program authorized under section 1043(b) of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2201 note), the Secretary
is authorized to include a project authorized to be implemented
by, or in accordance with, section 601 of the Water Resources
Development Act of 2000, in accordance with such section
1043(b).
(2) ELIGIBILITY.—In the case of a project described in paragraph (1) for which the non-Federal interest has initiated
construction in compliance with authorities governing the provision of in-kind contributions for such project, the Secretary
shall take into account the value of any in-kind contributions
carried out by the non-Federal interest for such project prior
to the date of execution of the project partnership agreement
under section 1043(b) of the Water Resources Reform and
Development Act of 2014 when determining the non-Federal
share of the costs to complete construction of the project.
(3) GUIDANCE.—Not later than 180 days after the date
of enactment of this subsection, and in accordance with the
guidance issued under section 1043(b)(9) of the Water Resources
Reform and Development Act of 2014 (as added by this section),
the Secretary shall issue any additional guidance that the
Secretary determines necessary for the implementation of this
subsection.

Contracts.
Time period.

Determinations.
33 USC 2201
note.

Deadline.

SEC. 135. COST SHARING PROVISIONS FOR TERRITORIES AND INDIAN
TRIBES.

Section 1156(b) of the Water Resources Development Act of
1986 (33 U.S.C. 2310(b)) is amended by striking ‘‘for inflation’’
and all that follows through the period at the end and inserting
‘‘on an annual basis for inflation.’’.

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SEC. 136. REVIEW OF CONTRACTING POLICIES.

33 USC 2203.

(a) REVIEW OF CONTRACTUAL AGREEMENTS.—
(1) IN GENERAL.—Not later than 180 days after the date
of enactment of this section, the Secretary shall complete a
review of the policies, guidelines, and regulations of the Corps
of Engineers for the development of contractual agreements
between the Secretary and non-Federal interests and utilities
associated with the construction of water resources development
projects.
(2) REPORT.—Not later than 90 days after completing the
review under subsection (a)(1), the Secretary shall submit to
the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment
and Public Works of the Senate, and make publicly available,
a report that includes—
(A) a summary of the results of the review; and

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Deadline.

Public
information.

Summary.

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PUBLIC LAW 116–260—DEC. 27, 2020

(B) public guidance on best practices for a non-Federal
interest to use when writing or developing contractual
agreements with the Secretary and utilities.
(3) PROVISION OF GUIDANCE.—The Secretary shall provide
the best practices guidance included under paragraph (2)(A)
to non-Federal interests prior to the development of contractual
agreements with such non-Federal interests.
(b) SENSE OF CONGRESS.—It is the sense of Congress that
the Secretary should maximize use of nonprice tradeoff procedures
in competitive acquisitions for carrying out emergency work in
an area with respect to which the President has declared a major
disaster under section 401 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act.
33 USC 2341c.

SEC. 137. CRITERIA FOR FUNDING ENVIRONMENTAL INFRASTRUCTURE PROJECTS.

Deadline.
Evaluation.

(a) IN GENERAL.—Not later than 180 days after the date of
enactment of this Act, the Secretary shall develop specific criteria
for the evaluation and ranking of individual environmental assistance projects authorized by Congress (including projects authorized
pursuant to environmental assistance programs) for the Secretary
to carry out.
(b) MINIMUM CRITERIA.—For the purposes of carrying out this
section, the Secretary shall evaluate, at a minimum—
(1) the nature and extent of the positive and negative
local economic impacts of the project, including—
(A) the benefits of the project to the local economy;
(B) the extent to which the project will enhance local
development;
(C) the number of jobs that will be directly created
by the project; and
(D) the ability of the non-Federal interest to pay the
applicable non-Federal share of the cost of the project;
(2) the demographics of the location in which the project
is to be carried out, including whether the project serves—
(A) a rural community; or
(B) an economically disadvantaged community,
including an economically disadvantaged minority community;
(3) the amount of appropriations a project has received;
(4) the funding capability of the Corps of Engineers with
respect to the project;
(5) whether the project could be carried out under other
Federal authorities at an equivalent cost to the non-Federal
interest; and
(6) any other criteria that the Secretary considers to be
appropriate.
(c) INCLUSION IN GUIDANCE.—The Secretary shall include the
criteria developed under subsection (a) in the annual Civil Works
Direct Program Development Policy Guidance of the Secretary.
(d) REPORT TO CONGRESS.—For fiscal year 2022, and biennially
thereafter, in conjunction with the President’s annual budget
submission to Congress under section 1105(a) of title 31, United
States Code, the Secretary shall submit to the Committee on
Environment and Public Works and the Committee on Appropriations of the Senate and the Committee on Transportation and
Infrastructure and the Committee on Appropriations of the House

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Evaluation.

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134 STAT. 2651

of Representatives a report that identifies the Secretary’s ranking
of individual environmental assistance projects authorized by Congress for the Secretary to carry out, in accordance with the criteria
developed under this section.
SEC. 138. AGING INFRASTRUCTURE.

33 USC 2353a.

(a) DEFINITIONS.—In this section:
(1) AGING INFRASTRUCTURE.—The term ‘‘aging infrastructure’’ means a water resources development project of the Corps
of Engineers, or any other water resources, water storage,
or irrigation project of another Federal agency, that is greater
than 75 years old.
(2) ENHANCED INSPECTION.—The term ‘‘enhanced inspection’’ means an inspection that uses current or innovative technology, including Light Detection and Ranging (commonly
known as ‘‘LiDAR’’), ground penetrating radar, subsurface
imaging, or subsurface geophysical techniques, to detect
whether the features of the aging infrastructure are structurally
sound and can operate as intended, or are at risk of failure.
(b) CONTRACTS FOR ENHANCED INSPECTION.—
(1) IN GENERAL.—The Secretary may carry out enhanced
inspections of aging infrastructure, pursuant to a contract with
the owner or operator of the aging infrastructure.
(2) CERTAIN CIRCUMSTANCES.—Subject to the availability
of appropriations, or funds available pursuant to subsection
(d), the Secretary shall enter into a contract described in paragraph (1), if—
(A) the owner or operator of the aging infrastructure
requests that the Secretary carry out the enhanced inspections; and
(B) the inspection is at the full expense of such owner
or operator.
(c) LIMITATION.—The Secretary shall not require a non-Federal
entity associated with a project under the jurisdiction of another
Federal agency to carry out corrective or remedial actions in
response to an enhanced inspection carried out under this section.
(d) FUNDING.—The Secretary is authorized to accept funds from
an owner or operator of aging infrastructure, and may use such
funds to carry out an enhanced inspection pursuant to a contract
entered into with such owner or operator under this section.

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SEC. 139. UNIFORMITY OF NOTIFICATION SYSTEMS.

(a) INVENTORY.—Not later than 180 days after the date of
enactment of this Act, the Secretary shall complete an inventory
of all systems used by the Corps of Engineers for external communication and notification with respect to projects, initiatives, and
facilities of the Corps of Engineers.
(b) UNIFORM PLAN.—
(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, the Secretary shall develop a plan
for the uniformity of such communication and notification systems for projects, initiatives, and facilities of the Corps of
Engineers.
(2) INCLUSIONS.—The plan developed under paragraph (1)
shall—
(A) provide access to information in all forms practicable, including through email, text messages, news programs and websites, radio, and other forms of notification;

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33 USC 2201
note.
Deadline.

Deadline.

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(B) establish a notification system for any projects,
initiatives, or facilities of the Corps of Engineers that do
not have a notification system;
(C) streamline existing communication and notification
systems to improve the strength and uniformity of those
systems; and
(D) emphasize the necessity of timeliness in notification
systems and ensure that the methods of notification can
transmit information in a timely manner.
(3) IMPLEMENTATION.—
(A) IN GENERAL.—Except as provided in subparagraph
(B), not later than 2 years after the date of enactment
of this Act, the Secretary shall complete the implementation
of the plan developed under paragraph (1).
(B) EMERGENCY MANAGEMENT NOTIFICATION.—Not
later than 18 months after the date of enactment of this
Act, the Secretary shall implement the provisions of the
plan developed under paragraph (1) relating to emergency
management notifications.
(4) SAVINGS PROVISION.—Nothing in this section authorizes
the elimination of any existing communication or notification
system used by the Corps of Engineers.

Deadlines.

33 USC 426e–3.

SEC. 140. COASTAL STORM DAMAGE REDUCTION CONTRACTS.

For any project for coastal storm damage reduction, the Secretary may seek input from a non-Federal interest for a project
that may be affected by the timing of the coastal storm damage
reduction activities under the project, in order to minimize, to
the maximum extent practicable, any negative effects resulting
from the timing of those activities.
SEC. 141. DAM REMEDIATION FOR ECOSYSTEM RESTORATION.

Section 542(b)(2) of the Water Resources Development Act of
2000 (114 Stat. 2671; 121 Stat. 1150) is amended—
(1) in subparagraph (F), by striking ‘‘or’’ at the end;
(2) by redesignating subparagraph (G) as subparagraph
(H); and
(3) by inserting after subparagraph (F) the following:
‘‘(G) measures to restore, protect, and preserve an ecosystem affected by a dam (including by the rehabilitation
or modification of a dam)—
‘‘(i) that has been constructed, in whole or in part,
by the Corps of Engineers for flood control purposes;
‘‘(ii) for which construction was completed before
1940;
‘‘(iii) that is classified as ‘high hazard potential’
by the State dam safety agency of the State in which
the dam is located; and
‘‘(iv) that is operated by a non-Federal entity; or’’.

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SEC. 142. LEVEE ACCREDITATION PROCESS; LEVEE CERTIFICATIONS.

(a) SENSE OF CONGRESS.—It is the sense of Congress that
the process developed by the Flood Protection Structure Accreditation Task Force established under section 100226 of the Moving
Ahead for Progress in the 21st Century Act (42 U.S.C. 4101 note)
should not be limited to levee systems in the inspection of completed
works program of the Corps of Engineers, but should apply equally
to federally owned levee systems operated by the Secretary,

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134 STAT. 2653

including federally owned levee systems operated by the Secretary
as part of a reservoir project.
(b) LEVEE CERTIFICATIONS.—Section 3014 of the Water
Resources Reform and Development Act of 2014 (42 U.S.C. 4131)
is amended—
(1) in subsection (a)—
(A) in paragraph (1)—
(i) by striking ‘‘under the inspection of completed
works program’’ and inserting ‘‘for levee systems under
the levee safety and dam safety programs’’; and
(ii) by striking ‘‘and’’ at the end;
(B) in paragraph (2)—
(i) by striking ‘‘activities under the inspection of
completed works program of the Corps of Engineers’’
and inserting ‘‘the activities referred to in paragraph
(1)’’;
(ii) by striking ‘‘chapter 1’’ and inserting ‘‘chapter
I’’; and
(iii) by striking the period at the end and inserting
‘‘; and’’; and
(C) by adding at the end the following:
‘‘(3) in the case of a levee system that is operated and
maintained by the Corps of Engineers, to the maximum extent
practicable, cooperate with local governments seeking a levee
accreditation decision for the levee to provide information necessary to support the accreditation decision in a timely
manner.’’; and
(2) in paragraph (b)(3), by adding at the end the following:
‘‘(C) CONTRIBUTED FUNDS.—Notwithstanding subparagraph (B), a non-Federal interest may fund up to 100
percent of the cost of any activity carried out under this
subsection.’’.
SEC. 143. PROJECT PARTNERSHIP AGREEMENT.

Contracts.

Section 103(j)(1) of the Water Resources Development Act of
1986 (33 U.S.C. 2213(j)(1)) is amended—
(1) by striking ‘‘Any project’’ and inserting the following:
‘‘(A) IN GENERAL.—Any project’’; and
(2) by adding at the end the following:
‘‘(B) INCLUSION.—An agreement under subparagraph
(A) shall include a brief description and estimation of the
anticipated operations, maintenance, and replacement and
rehabilitation costs of the non-Federal interest for the
project.’’.
SEC. 144. ACCEPTANCE OF FUNDS FOR HARBOR DREDGING.

Cost estimates.

33 USC 701h–4.

The Secretary is authorized, in accordance with section 5 of
Act of June 22, 1936 (33 U.S.C. 701h), to accept and expend funds
contributed by a State or other non-Federal interest—
(1) to dredge a non-Federal harbor or channel, or a marina
or berthing area located adjacent to, or accessible by, such
harbor or channel; or
(2) to provide technical assistance related to the planning
and design of dredging activities described in paragraph (1).
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SEC. 145. REPLACEMENT CAPACITY.

Section 217(a) of the Water Resources Development Act of
1996 (33 U.S.C. 2326a(a)) is amended—

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PUBLIC LAW 116–260—DEC. 27, 2020
(1) in the subsection heading, by inserting ‘‘OR REPLACECAPACITY’’ after ‘‘ADDITIONAL CAPACITY’’;
(2) by striking paragraph (1) and inserting the following:
‘‘(1) PROVIDED BY SECRETARY.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), at the
request of a non-Federal interest with respect to a project,
the Secretary may—
‘‘(i) provide additional capacity at a dredged material disposal facility constructed by the Secretary
beyond the capacity that would be required for project
purposes; or
‘‘(ii) permit the use of dredged material disposal
facility capacity required for project purposes by the
non-Federal interest if the Secretary determines that
replacement capacity can be constructed at the facility
or another facility or site before such capacity is needed
for project purposes.
‘‘(B) AGREEMENT.—Before the Secretary takes an action
under subparagraph (A), the non-Federal interest shall
agree to pay—
‘‘(i) all costs associated with the construction of
the additional capacity or replacement capacity in
advance of construction of such capacity; and
‘‘(ii) in the case of use by a non-Federal interest
of dredged material disposal capacity required for
project purposes under subparagraph (A)(ii), any
increase in the cost of operation and maintenance of
the project that the Secretary determines results from
the use of the project capacity by the non-Federal
interest in advance of each cycle of dredging.
‘‘(C) CREDIT.—In the event the Secretary determines
that the cost to operate or maintain the project decreases
as a result of use by the non-Federal interest of dredged
material disposal capacity required for project purposes
under subparagraph (A)(ii), the Secretary, at the request
of the non-Federal interest, shall credit the amount of
the decrease toward any cash contribution of the nonFederal interest required thereafter for construction, operation, or maintenance of the project, or of another navigation project.’’;
(3) in paragraph (2), in the first sentence, by inserting
‘‘under paragraph (1)(A)(i)’’ after ‘‘additional capacity’’; and
(4) by adding at the end the following:
‘‘(3) SPECIAL RULE FOR DESIGNATION OF REPLACEMENT
CAPACITY FACILITY OR SITE.—
‘‘(A) IN GENERAL.—Subject to such terms and conditions
as the Secretary determines to be necessary or advisable,
an agreement under paragraph (1)(B) for use permitted
under paragraph (1)(A)(ii) shall reserve to the non-Federal
interest—
‘‘(i) the right to submit to the Secretary for
approval at a later date an alternative to the facility
or site designated in the agreement for construction
of replacement capacity; and
‘‘(ii) the right to construct the replacement capacity
at the alternative facility or site at the expense of
the non-Federal interest.
MENT

Determination.

Determination.

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Determination.

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134 STAT. 2655

‘‘(B) REQUIREMENT.—The Secretary shall not reject a
site for the construction of replacement capacity under
paragraph (1)(A)(ii) that is submitted by the non-Federal
interest for approval by the Secretary before the date of
execution of the agreement under paragraph (1)(B), or
thereafter, unless the Secretary—
‘‘(i) determines that the site is environmentally
unacceptable, geographically unacceptable, or technically unsound; and
‘‘(ii) provides a written basis for the determination
under clause (i) to the non-Federal interest.
‘‘(4) PUBLIC COMMENT.—The Secretary shall afford the
public an opportunity to comment on the determinations
required under this subsection for a use permitted under paragraph (1)(A)(ii).’’.

Determination.

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SEC. 146. REVIEWING HYDROPOWER AT CORPS OF ENGINEERS FACILITIES.

Section 1008 of the Water Resources Reform and Development
Act of 2014 (33 U.S.C. 2321b) is amended—
(1) by striking ‘‘civil works’’ each place it appears and
inserting ‘‘water resources development’’; and
(2) by adding at the end the following:
‘‘(c) REVIEWING HYDROPOWER AT CORPS OF ENGINEERS FACILITIES.—
‘‘(1) DEFINITION OF ELIGIBLE NON-FEDERAL INTEREST.—In
this subsection, the term ‘eligible non-Federal interest’ means
a non-Federal interest that owns or operates an existing nonFederal hydropower facility at a Corps of Engineers water
resources development project.
‘‘(2) EVALUATION.—
‘‘(A) IN GENERAL.—On the written request of an eligible
non-Federal interest, the Secretary shall conduct an evaluation to consider operational changes at the applicable
project to facilitate production of non-Federal hydropower,
consistent with authorized project purposes. The Secretary
shall solicit input from interested stakeholders as part
of the evaluation.
‘‘(B) DEADLINE.—Not later than 180 days after the
date on which the Secretary receives a written request
under subparagraph (A), the Secretary shall provide to
the non-Federal interest a written response to inform the
non-Federal interest—
‘‘(i) that the Secretary has approved the request
to conduct an evaluation; or
‘‘(ii) of any additional information necessary for
the Secretary to approve the request to conduct an
evaluation.
‘‘(3) OPERATIONAL CHANGES.—An operational change
referred to in paragraph (2)(A) may include—
‘‘(A) changes to seasonal pool levels;
‘‘(B) modifying releases from the project; and
‘‘(C) other changes included in the written request
submitted under that paragraph that enhance the usage
of the project to facilitate production of non-Federal hydropower, consistent with authorized project purposes.

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PUBLIC LAW 116–260—DEC. 27, 2020
‘‘(4) COST SHARE.—The eligible non-Federal interest shall
pay 100 percent of the costs associated with an evaluation
under this subsection, including the costs to prepare the report
under paragraph (6).
‘‘(5) DEADLINE.—The Secretary shall complete an evaluation under this subsection by the date that is not later than
1 year after the date on which the Secretary begins the evaluation.
‘‘(6) REPORT.—On completion of an evaluation under this
subsection, the Secretary shall submit to the Committee on
Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of
Representatives a report on the effects of the operational
changes proposed by the non-Federal interest and examined
in the evaluation on the authorized purposes of the project,
including a description of any negative impacts of the proposed
operational changes on the authorized purposes of the project,
or on any Federal project located in the same basin.
‘‘(7) SAVINGS PROVISION.—Nothing in this subsection—
‘‘(A) affects the authorized purposes of a Corps of Engineers water resources development project;
‘‘(B) affects existing authorities of the Corps of Engineers, including authorities with respect to navigation,
flood damage reduction, environmental protection and restoration, water supply and conservation, and other related
purposes; or
‘‘(C) authorizes the Secretary to make any operational
changes to a Corps of Engineers water resources development project.’’.

Evaluation.

33 USC 701q–1.

SEC. 147. REPAIR AND RESTORATION OF EMBANKMENTS.

Assessment.

(a) IN GENERAL.—At the request of a non-Federal interest,
the Secretary shall assess the cause of damage to, or the failure
of, an embankment that is adjacent to the shoreline of a reservoir
project owned and operated by the Secretary for which such damage
or failure to the embankment has adversely affected a roadway
that the Secretary has relocated for construction of the reservoir.
(b) REPAIR AND RESTORATION ACTIVITIES.—If, based on the
assessment carried out under subsection (a), the Secretary determines that the cause of the damage to, or the failure of, the
embankment is the direct result of the design or operation of
the reservoir by the Secretary, the Secretary is authorized to participate in the repair or restoration of such embankment.
(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary $10,000,000 to carry out this
section.

Determination.

SEC. 148. COASTAL MAPPING.

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Plan.

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Section 516 of the Water Resources Development Act of 1996
(33 U.S.C. 2326b) is amended—
(1) by redesignating subsection (g) as subsection (h);
(2) by inserting after subsection (f) the following:
‘‘(g) COASTAL MAPPING.—The Secretary shall develop and carry
out a plan for the recurring mapping of coastlines that are experiencing rapid change, including such coastlines in—
‘‘(1) Alaska;
‘‘(2) Hawaii; and
‘‘(3) any territory or possession of the United States.’’; and

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134 STAT. 2657

(3) in subsection (h) (as so redesignated), by adding at
the end the following:
‘‘(3) COASTAL MAPPING.—In addition to amounts made available under paragraph (1), there is authorized to be appropriated
to carry out subsection (g) with respect to Alaska, Hawaii,
and the territories and possessions of the United States,
$10,000,000, to remain available until expended.’’.
SEC. 149. INTERIM RISK REDUCTION MEASURES.

(a) IN GENERAL.—In the case of any interim risk reduction
measure for dam safety purposes that was evaluated in a final
environmental assessment completed during the period beginning
on March 18, 2019, and ending on the date of enactment of this
Act, the Secretary shall carry out a reevaluation of the measure
in a timely manner if the final environmental assessment did not
consider in detail at least—
(1) 1 operational water control plan change alternative;
(2) 1 action alternative other than an operational water
control plan change; and
(3) the no action alternative.
(b) COORDINATION.—A reevaluation carried out under subsection (a) shall include consideration of the alternatives described
in such subsection, which shall be developed in coordination with
Federal agencies, States, Indian Tribes, units of local government,
and other non-Federal interests that have existing water obligations
that would be directly affected by implementation of an interim
risk reduction measure that is the subject of the reevaluation.
(c) IMPLEMENTATION PRIOR TO REEVALUATION.—Nothing in this
section prohibits the Secretary from implementing an interim risk
reduction measure for which a reevaluation is required under subsection (a) prior to the completion of the reevaluation under subsection (a).

Evaluation.
Time period.

SEC. 150. MAINTENANCE DREDGING PERMITS.

(a) IN GENERAL.—The Secretary shall, to the maximum extent
practicable, prioritize the reissuance of any regional general permit
for maintenance dredging that expires prior to May 1, 2021, and
shall use best efforts to ensure such reissuance prior to expiration
of such a regional general permit for maintenance dredging.
(b) SAVINGS PROVISION.—Nothing in this section affects any
obligation to comply with the requirements of any Federal law,
including—
(1) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
(2) the Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.); and
(3) the Endangered Species Act of 1973 (16 U.S.C. 1531
et seq.).

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SEC. 151. HIGH WATER-LOW WATER PREPAREDNESS.

33 USC 2255a.

(a) DEFINITIONS.—In this section:
(1) BYPASS.—The term ‘‘bypass’’ means an alternate water
route adjacent to a lock and dam on a Federal inland waterway
system that can be used for commercial navigation during
high water conditions.
(2) EMERGENCY CONDITION.—The term ‘‘emergency condition’’ means—

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PUBLIC LAW 116–260—DEC. 27, 2020

(A) unsafe conditions on a Federal inland waterway
system that prevent the operation of commercial vessels,
resulting from a major change in water level or flows;
(B) an obstruction in a Federal inland waterway
system, including silt, sediment, rock formation, or a shallow channel;
(C) an impaired or inoperable Federal lock and dam;
or
(D) any other condition determined appropriate by the
Secretary.
(b) EMERGENCY DETERMINATION.—The Secretary, in consultation with the District Commanders responsible for maintaining
any Federal inland waterway system, the users of the waterway
system, and the Coast Guard, may make a determination that
an emergency condition exists on the waterway system.
(c) EMERGENCY MITIGATION PROJECT.—
(1) IN GENERAL.—Subject to paragraph (2) and the availability of appropriations, and in accordance with all applicable
Federal requirements, the Secretary may carry out an emergency mitigation project on a Federal inland waterway system
with respect to which the Secretary has determined that an
emergency condition exists under subsection (b), or on a bypass
of such system, to remedy that emergency condition.
(2) DEADLINE.—An emergency mitigation project under
paragraph (1) shall—
(A) be initiated by not later than 60 days after the
date on which the Secretary makes the applicable determination under subsection (b); and
(B) to the maximum extent practicable, be completed
by not later than 1 year after the date on which the
Secretary makes such determination.
(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary to carry out this section
$25,000,000 for each of fiscal years 2022 through 2024, to remain
available until expended.

Consultation.

33 USC 2213a.

SEC. 152. TREATMENT OF CERTAIN BENEFITS AND COSTS.

(a) IN GENERAL.—In the case of a flood risk management project
that incidentally generates seismic safety benefits in regions of
moderate or high seismic hazard, for the purpose of a benefitcost analysis for the project, the Secretary shall not include in
that analysis any additional design and construction costs resulting
from addressing seismic concerns.
(b) SAVINGS PROVISION.—Except with respect to the benefitcost analysis, the additional costs referred to in subsection (a)
shall be—
(1) included in the total project cost; and
(2) subject to cost-share requirements otherwise applicable
to the project.

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Oklahoma.

SEC. 153. LEASE DEVIATIONS.

(a) DEFINITION OF COVERED LEASE DEVIATION.—In this section,
the term ‘‘covered lease deviation’’ means a change in terms from
the existing lease that requires approval from the Secretary for
a lease—
(1) of Federal land within the State of Oklahoma that
is associated with a water resources development project,
under—

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134 STAT. 2659

(A) section 2667 of title 10, United States Code; or
(B) section 4 of the Act of December 22, 1944 (16
U.S.C. 460d); and
(2) with respect to which the lessee is in good standing.
(b) DEADLINE.—In the case of a request for a covered lease
deviation—
(1) the Division Commander of the Southwestern Division
shall—
(A) notify the Secretary of the request via electronic
means by not later than 24 hours after receiving the
request; and
(B) by not later than 10 business days after the date
on which the Division Commander notifies the Secretary
under subparagraph (A)—
(i) make a determination approving, denying, or
requesting a modification to the request; and
(ii) provide to the Secretary the determination
under clause (i); and
(2) the Secretary shall make a determination approving,
denying, or requesting a modification to the request by not
later than 10 business days after—
(A) the date on which the Division Commander provides to the Secretary a determination in accordance with
paragraph (1)(B); or
(B) if the Division Commander does not provide to
the Secretary a determination in accordance with paragraph (1)(B), the date on which the deadline described
in such paragraph expires.
(c) NOTIFICATION.—If the Secretary does not make a determination under subsection (b)(2) by the deadline described in that subsection, the Secretary shall submit a notification of the failure
to make a determination with respect to the covered lease deviation,
including the reason for the failure and a description of any outstanding issues, to—
(1) the entity seeking the covered lease deviation;
(2) the members of the Oklahoma congressional delegation;
(3) the Committee on Environment and Public Works of
the Senate; and
(4) the Committee on Transportation and Infrastructure
of the House of Representatives.

Determinations.

Notification.

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SEC. 154. SENSE OF CONGRESS ON ARCTIC DEEP DRAFT PORT
DEVELOPMENT.

It is the sense of Congress that—
(1) the Arctic, as defined in section 112 of the Arctic
Research and Policy Act of 1984 (Public Law 98–373), is a
region of strategic importance to the national security and
maritime transportation interests of the United States;
(2) there is a compelling national, regional, Alaska Native,
and private sector need for permanent maritime transportation
infrastructure development and for a presence in the Arctic
by the United States to assert national security interests and
to support and facilitate search and rescue, shipping safety,
economic development, oil spill prevention and response,
subsistence and commercial fishing, the establishment of ports
of refuge, Arctic research, and maritime law enforcement;

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PUBLIC LAW 116–260—DEC. 27, 2020
(3) the Government of the Russian Federation has
prioritized the development of Arctic maritime transportation
capabilities and has made significant investments in military
infrastructure in the Arctic, including the construction or
refurbishment of 16 deepwater ports in the region;
(4) is a serious concern that the closest United States
strategic seaports to the Arctic are the Port of Anchorage and
the Port of Tacoma, located approximately 1,500 nautical miles
and 2,400 nautical miles away from the Arctic, respectively,
and approximately 1,900 nautical miles and 2,800 nautical
miles, respectively, from Utiagvik, Alaska; and
(5) it is in the national interest to enhance existing, and
develop, maritime transportation infrastructure in the Arctic,
including an Arctic deep draft strategic seaport in Alaska,
that would allow the Coast Guard and the Navy each to perform
their respective statutory duties and functions on a permanent
basis with minimal mission interruption.

33 USC 2347c.

SEC. 155. SMALL WATER STORAGE PROJECTS.

Study.

(a) IN GENERAL.—The Secretary shall carry out a program
to study and construct new, or enlarge existing, small water storage
projects, in partnership with a non-Federal interest.
(b) REQUIREMENTS.—To be eligible to participate in the program
under this section, a small water storage project shall—
(1) in the case of a new small water storage project, have
a water storage capacity of not less than 2,000 acre-feet and
not more than 30,000 acre-feet;
(2) in the case of an enlargement of an existing small
water storage project, be for an enlargement of not less than
1,000 acre-feet and not more than 30,000 acre-feet;
(3) provide—
(A) flood risk management benefits;
(B) ecological benefits; or
(C) water management, water conservation, or water
supply; and
(4) be—
(A) economically justified, environmentally acceptable,
and technically feasible; or
(B) in the case of a project providing ecological benefits,
cost-effective with respect to such benefits.
(c) SCOPE.—In carrying out the program under this section,
the Secretary shall give preference to a small water storage project
located in a State with a population of less than 1,000,000.
(d) EXPEDITED PROJECTS.—For the 10-year period beginning
on the date of enactment of this Act, the Secretary shall expedite
small water storage projects under this section for which applicable
Federal permitting requirements have been completed.
(e) USE OF DATA.—In conducting a study under this section,
to the maximum extent practicable, the Secretary shall—
(1) as the Secretary determines appropriate, consider and
utilize any applicable hydrologic, economic, or environmental
data that is prepared for a small water storage project under
State law as the documentation, or part of the documentation,
required to complete State water plans or other State planning
documents relating to water resources management; and
(2) consider information developed by the non-Federal
interest in relation to another study, to the extent the Secretary

Time period.

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Determinations.

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determines such information is applicable, appropriate, or
otherwise authorized by law.
(f) COST SHARE.—
(1) STUDY.—The Federal share of the cost of a study conducted under this section shall be—
(A) 100 percent for costs not to exceed $100,000; and
(B) 50 percent for any costs above $100,000.
(2) CONSTRUCTION.—A small water storage project carried
out under this section shall be subject to the cost-sharing
requirements applicable to projects under section 103 of the
Water Resources Development Act of 1986 (33 U.S.C. 2213),
including—
(A) municipal and industrial water supply: 100 percent
non-Federal;
(B) agricultural water supply: 35 percent non-Federal;
and
(C) recreation, including recreational navigation: 50
percent of separable costs and, in the case of any harbor
or inland harbor or channel project, 50 percent of joint
and separable costs allocated to recreational navigation.
(g) OMRRR RESPONSIBILITY.—The costs of operation, maintenance, repair, and replacement and rehabilitation for a small water
storage project constructed under this section shall be the responsibility of the non-Federal interest.
(h) INDIVIDUAL PROJECT LIMIT.—Not more than $65,000,000
in Federal funds may be made available to a small water storage
project under this section.
(i) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $130,000,000 annually
through fiscal year 2030.
SEC. 156. PLANNING ASSISTANCE TO STATES.

In carrying out section 22 of the Water Resources Development
Act of 1974 (42 U.S.C. 1962d–16), the Secretary shall provide equal
priority for all mission areas of the Corps of Engineers, including
water supply and water conservation.

Requirements.

42 USC
1962d–16 note.

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SEC. 157. FORECAST-INFORMED RESERVOIR OPERATIONS.

Section 1222 of the Water Resources Development Act of 2018
(128 Stat. 3811) is amended by adding at the end the following:
‘‘(c) ADDITIONAL UTILIZATION OF FORECAST-INFORMED RESERVOIR OPERATIONS.—
‘‘(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this subsection, the Secretary shall submit
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment
and Public Works of the Senate a report on any additional
opportunities identified for utilizing forecast-informed reservoir
operations across the United States, including an assessment
of the viability of forecast-informed reservoir operations in the
Upper Missouri River Basin and the North Platte River Basin.
‘‘(2) FORECAST-INFORMED RESERVOIR OPERATIONS.—
‘‘(A) AUTHORIZATION.—If the Secretary determines, and
includes in the report submitted under paragraph (1), that
forecast-informed reservoir operations are viable at a reservoir in the Upper Missouri River Basin or the North
Platte River Basin, including a reservoir for which the
Secretary has flood control responsibilities under section

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Reports.
Assessment.

Determination.

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7 of the Act of December 22, 1944 (33 U.S.C. 709), the
Secretary is authorized to carry out forecast-informed reservoir operations at such reservoir.
‘‘(B) REQUIREMENT.—Subject to the availability of
appropriations, if the Secretary determines, and includes
in the report submitted under paragraph (1), that forecastinformed reservoir operations are viable in the Upper Missouri River Basin or the North Platte River Basin, the
Secretary shall carry out forecast-informed reservoir operations at not fewer than one reservoir in such basin.’’.

Determination.

SEC. 158. DATA FOR WATER ALLOCATION, SUPPLY, AND DEMAND.

Contracts.

Recommendations.

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Public
information.
33 USC 2342
note.

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(a) STUDY ON DATA FOR WATER ALLOCATION, SUPPLY, AND
DEMAND.—
(1) IN GENERAL.—The Secretary shall offer to enter into
an agreement with the National Academy of Sciences to conduct
a study on the ability of Federal agencies to coordinate with
other Federal agencies, State and local agencies, Indian Tribes,
communities, universities, consortiums, councils, and other relevant entities with expertise in water resources to facilitate
and coordinate the sharing among such entities of water allocation, supply, and demand data, including—
(A) any catalogs of such data;
(B) definitions of any commonly used terms relating
to water allocation, supply, and demand; and
(C) a description of any common standards used by
those entities.
(2) REPORT.—If the National Academy of Sciences enters
into an agreement under paragraph (1), to the maximum extent
practicable, not later than 1 year after the date of enactment
of this Act, the National Academy of Sciences shall submit
to Congress a report that includes—
(A) the results of the study under paragraph (1);
(B) recommendations for ways to streamline and make
cost-effective methods for Federal agencies to coordinate
interstate sharing of data, including recommendations for
the development of a publicly accessible, internet-based
platform that can allow entities described in paragraph
(1) to communicate and coordinate ongoing data collection
efforts relating to water allocation, supply, and demand,
and share best practices relating to those efforts; and
(C) a recommendation as to an appropriate Federal
entity that should—
(i) serve as the lead coordinator for the sharing
of data relating to water allocation, supply, and
demand; and
(ii) host and manage the internet-based platform
described in subparagraph (B).
(b) DATA TRANSPARENCY.—The Secretary shall prioritize
making publicly available water resources data in the custody of
the Corps of Engineers, as authorized by section 2017 of the Water
Resources Development Act of 2007 (33 U.S.C. 2342).
(c) FUNDING.—From amounts otherwise appropriated or made
available to the Secretary, the Secretary may make available to
the National Academy of Sciences not more than $3,900,000, to
be used for the review of information provided by the Corps of

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134 STAT. 2663

Engineers for purposes of a study under subsection (a). The Secretary may accept funds from another Federal agency and make
such funds available to the National Academy of Sciences, to be
used for the review of information provided by such agency for
purposes of a study under subsection (a).

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SEC. 159. INLAND WATERWAYS PILOT PROGRAM.

(a) DEFINITIONS.—In this section:
(1) AUTHORIZED PROJECT.—The term ‘‘authorized project’’
means a federally authorized water resources development
project for navigation on the inland waterways.
(2) MODERNIZATION ACTIVITIES.—The term ‘‘modernization
activities’’ means construction or major rehabilitation activities
for any authorized project.
(3) NON-FEDERAL INTEREST.—The term ‘‘non-Federal
interest’’ means any public body described in section 221(b)
of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(b)).
(b) AUTHORIZATION OF PILOT PROGRAM.—The Secretary is
authorized to carry out a pilot program for modernization activities
on the inland waterways system.
(c) IMPLEMENTATION.—
(1) IN GENERAL.—In carrying out the pilot program under
this section, the Secretary may—
(A) accept and expend funds provided by a non-Federal
interest to carry out, for an authorized project (or a separable element of an authorized project), modernization
activities for such project; or
(B) coordinate with the non-Federal interest in order
to allow the non-Federal interest to carry out, for an authorized project (or a separable element of an authorized
project), such modernization activities.
(2) NUMBER.—The Secretary shall select not more than
2 authorized projects to participate in the pilot program under
paragraph (1).
(3) CONDITIONS.—Before carrying out modernization activities pursuant to paragraph (1)(B), a non-Federal interest shall—
(A) obtain any permit or approval required in connection with such activities under Federal or State law that
would be required if the Secretary were to carry out such
activities; and
(B) ensure that a final environmental impact statement
or environmental assessment, as appropriate, for such
activities has been filed pursuant to the National Environmental Policy Act of 1969.
(4) MONITORING.—For any modernization activities carried
out by the non-Federal interest pursuant to this section, the
Secretary shall regularly monitor and audit such activities to
ensure that—
(A) the modernization activities are carried out in
accordance with this section; and
(B) the cost of the modernization activities is reasonable.
(5) REQUIREMENTS.—The requirements of section 3142 of
title 40, United States Code shall apply to any modernization
activities undertaken under or pursuant to this section, either
by the Secretary or the non-Federal interest.
(d) AGREEMENTS.—

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33 USC 2251
note prec.

Coordination.

Permits.

Audit.

Applicability.

Contracts.

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Plan.

Compliance.
Determination.

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Determination.

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(1) ACTIVITIES CARRIED OUT BY NON-FEDERAL INTEREST.—
(A) IN GENERAL.—
(i) WRITTEN AGREEMENT.—Before a non-Federal
interest initiates modernization activities for an
authorized project pursuant to this subsection (c)(1)(B),
the non-Federal interest shall enter into a written
agreement with the Secretary, under section 221 of
the Flood Control Act of 1970 (42 U.S.C. 1962d–5b),
that requires the modernization activities to be carried
out in accordance with—
(I) a plan approved by the Secretary; and
(II) any other terms and conditions specified
by the Secretary in the agreement.
(ii) REQUIREMENTS.—A written agreement under
clause (i) shall provide that the non-Federal interest
shall comply with the same legal and technical requirements that would apply if the modernization activities
were carried out by the Secretary, including all mitigation required to offset environmental impacts of the
activities, as determined by the Secretary.
(B) ALIGNMENT WITH ONGOING ACTIVITIES.—A written
agreement under subparagraph (A) shall include provisions
that, to the maximum extent practicable, align modernization activities under this section with ongoing operations
and maintenance activities for the applicable authorized
project.
(C) INDEMNIFICATION.—As part of a written agreement
under subparagraph (A), the non-Federal interest shall
agree to hold and save the United States free from liability
for any and all damage that arises from the modernization
activities carried out by the non-Federal interest pursuant
to this section.
(2) ACTIVITIES CARRIED OUT BY SECRETARY.—For modernization activities to be carried out by the Secretary pursuant
to subsection (c)(1)(A), the non-Federal interest shall enter into
a written agreement with the Secretary, containing such terms
and conditions as the Secretary determines appropriate.
(e) REIMBURSEMENT.—
(1) AUTHORIZATION.—Subject to the availability of appropriations, the Secretary may reimburse a non-Federal interest
for the costs of modernization activities carried out by the
non-Federal interest pursuant to an agreement entered into
under subsection (d), or for funds provided to the Secretary
under subsection (c)(1)(A), if—
(A) the non-Federal interest complies with the agreement entered into under subsection (d); and
(B) with respect to modernization activities carried
out by the non-Federal interest pursuant to the agreement,
the Secretary determines that the non-Federal interest
complied with all applicable Federal requirements in carrying out the modernization activities.
(2) LIMITATION.—The Secretary may only reimburse a nonFederal interest under paragraph (1) for costs of construction
that would otherwise be paid from amounts appropriated from
the general fund of the Treasury pursuant to section 102 of
the Water Resources Development Act of 1986 (33 U.S.C. 2212).
(f) RULE OF CONSTRUCTION.—Nothing in this section—

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2665

(1) affects the responsibility of the Secretary for the operations and maintenance of the inland waterway system, as
of the day before the date of enactment of this Act, including
the responsibility of the Secretary for the operations and
maintenance costs for any covered project after the modernization activities are completed pursuant to this section;
(2) prohibits or prevents the use of Federal funds for operations and maintenance of the inland waterway system or
any authorized project within the inland waterway system;
or
(3) prohibits or prevents the use of Federal funds for
construction or major rehabilitation activities within the inland
waterway system or for any authorized project within the inland
waterway system.
(g) NOTIFICATION.—If a non-Federal interest notifies the Secretary that the non-Federal interest intends to carry out modernization activities for an authorized project, or separable element
thereof, pursuant to this section, the Secretary shall provide written
notice to the Committee on Environment and Public Works of
the Senate and the Committee on Transportation and Infrastructure
of the House of Representatives concerning the intent of the nonFederal interest.
(h) SUNSET.—
(1) IN GENERAL.—The authority of the Secretary to enter
into an agreement under this section shall terminate on the
date that is 5 years after the date of enactment of this Act.
(2) REIMBURSEMENT ELIGIBILITY.—The termination of
authority under paragraph (1) shall not extinguish the eligibility of a non-Federal interest to seek reimbursement under
subsection (e).
SEC. 160. DEFINITION OF ECONOMICALLY DISADVANTAGED COMMUNITY.

33 USC 2201
note.

(a) IN GENERAL.—Not later than 180 days after the date of
enactment of this Act, the Secretary shall issue guidance defining
the term ‘‘economically disadvantaged community’’ for the purposes
of this Act and the amendments made by this Act.
(b) CONSIDERATIONS.—In defining the term ‘‘economically disadvantaged community’’ under subsection (a), the Secretary shall,
to the maximum extent practicable, utilize the criteria under paragraph (1) or (2) of section 301(a) of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3161), to the extent that
such criteria are applicable in relation to the development of water
resources development projects.
(c) PUBLIC COMMENT.—In developing the guidance under subsection (a), the Secretary shall provide notice and an opportunity
for public comment.

Deadline.

Notice.

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SEC. 161. STUDIES OF WATER RESOURCES DEVELOPMENT PROJECTS
BY NON-FEDERAL INTERESTS.

(a) IN GENERAL.—Section 203 of the Water Resources Development Act of 1986 (33 U.S.C. 2231) is amended—
(1) in subsection (a)—
(A) in paragraph (1), by inserting ‘‘, or, upon the written approval of the Secretary that the modifications are
consistent with the authorized purposes of the project,
undertake a feasibility study on modifications to a water
resources development project constructed by the Corps

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134 STAT. 2666

Assessment.
Compliance.

Assessment.
Compliance.
Determination.

Analyses.
Reviews.

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Timeline.

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PUBLIC LAW 116–260—DEC. 27, 2020
of Engineers,’’ after ‘‘water resources development project’’;
and
(B) in paragraph (2), by striking ‘‘for feasibility studies’’
and all that follows through the period at the end and
inserting ‘‘for the formulation of feasibility studies of water
resources development projects undertaken by non-Federal
interests to—
‘‘(A) ensure that any feasibility study with respect to
which the Secretary submits an assessment to Congress
under subsection (c) complies with all of the requirements
that would apply to a feasibility study undertaken by the
Secretary; and
‘‘(B) provide sufficient information for the formulation
of the studies, including processes and procedures related
to reviews and assistance under subsection (e).’’;
(2) in subsection (b)—
(A) by striking ‘‘The Secretary’’ and inserting the following:
‘‘(1) IN GENERAL.—The Secretary’’; and
(B) by adding at the end the following:
‘‘(2) TIMING.—The Secretary may not submit to Congress
an assessment of a feasibility study under this section until
such time as the Secretary—
‘‘(A) determines that the feasibility study complies with
all of the requirements that would apply to a feasibility
study undertaken by the Secretary; and
‘‘(B) completes all of the Federal analyses, reviews,
and compliance processes under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), that
would be required with respect to the proposed project
if the Secretary had undertaken the feasibility study.
‘‘(3) INITIATION OF REVIEW.—
‘‘(A) REQUEST.—
‘‘(i) SUBMISSION.—The non-Federal interest may
submit to the Secretary a request that the Secretary
initiate the analyses, reviews, and compliance processes described in paragraph (2)(B) with respect to
the proposed project prior to the non-Federal interest’s
submission of a feasibility study under subsection
(a)(1).
‘‘(ii) EFFECT.—Receipt by the Secretary of a request
submitted under clause (i) shall be considered the
receipt of a proposal or application that will lead to
a major Federal action that is subject to the requirements of section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) that
would be required if the Secretary were to undertake
the feasibility study.
‘‘(B) DEADLINE.—Not later than 10 days after the Secretary receives a request under this paragraph, the Secretary shall begin the required analyses, reviews, and
compliance processes.
‘‘(4) NOTIFICATION.—Upon receipt of a request under paragraph (3), the Secretary shall notify the Committee on
Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2667

of the Senate of the request and a timeline for completion
of the required analyses, reviews, and compliance processes.
‘‘(5) STATUS UPDATES.—Not later than 30 days after
receiving a request under paragraph (3), and every 30 days
thereafter until the Secretary submits an assessment under
subsection (c) for the applicable feasibility study, the Secretary
shall notify the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on
Environment and Public Works of the Senate, and the nonFederal interest of the status of the Secretary’s required analyses, reviews, and compliance processes.’’; and
(3) in subsection (c)(1), in the matter preceding subparagraph (A)—
(A) by striking ‘‘after the date of receipt of a feasibility
study of a project under subsection (a)(1)’’ and insert ‘‘after
the completion of review of a feasibility study under subsection (b)’’; and
(B) by striking ‘‘a report’’ and inserting ‘‘an assessment’’.
(b) DEADLINE.—Not later than 90 days after the date of enactment of this Act, the Secretary shall issue revised guidelines under
section 203 of the Water Resources Development Act of 1986 (33
U.S.C. 2231) to implement the amendments made by this section.
(c) HOLD HARMLESS.—
(1) ONE-YEAR WINDOW.—The amendments made by this
section shall not apply to any feasibility study submitted to
the Secretary under section 203 of the Water Resources
Development Act of 1986 (33 U.S.C. 2231) during the oneyear period prior to the date of enactment of this section.
(2) 2020 PROJECTS.—The amendments made by this section
shall not apply to any project authorized by section 403 of
this Act.

Deadlines.
Notification.

Guidelines.
33 USC 2231
note.
33 USC 2231
note.

SEC. 162. LEVERAGING FEDERAL INFRASTRUCTURE FOR INCREASED
WATER SUPPLY.

Section 1118(i) of the Water Resources Development Act of
2016 (43 U.S.C. 390b-2(i)) is amended—
(1) by striking ‘‘The Secretary may’’ and inserting the following:
‘‘(1) CONTRIBUTED FUNDS FOR CORPS PROJECTS.—The Secretary may’’; and
(2) by adding at the end the following:
‘‘(2) CONTRIBUTED FUNDS FOR OTHER FEDERAL RESERVOIR
PROJECTS.—The Secretary is authorized to receive and expend
funds from a non-Federal interest to formulate, review, or
revise operational documents, pursuant to a proposal submitted
in accordance subsection (a), for any reservoir for which the
Secretary is authorized to prescribe regulations for the use
of storage allocated for flood control or navigation pursuant
to section 7 of the Act of December 22, 1944 (33 U.S.C. 709).’’.

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SEC. 163. SENSE OF CONGRESS ON REMOVAL OF UNAUTHORIZED, MANMADE, FLAMMABLE MATERIALS ON CORPS PROPERTY.

Determination.

It is the sense of Congress that the Secretary should, using
existing authorities, prioritize the removal, from facilities and lands
of the Corps of Engineers in regions that are urban and arid,
of materials that are manmade, flammable, unauthorized to be

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134 STAT. 2668

PUBLIC LAW 116–260—DEC. 27, 2020

present, and determined by the Secretary to pose a fire risk that
is a threat to public safety.
SEC. 164. ENHANCED DEVELOPMENT PROGRAM.

(a) IN GENERAL.—The Secretary shall review the master plan
and shoreline management plan for any lake described in section
3134 of the Water Resources Development Act of 2007 (121 Stat.
1142; 130 Stat. 1671) for the purpose of identifying structures
or other improvements that are owned by the Secretary and are
suitable for enhanced development, if—
(1) the master plan and shoreline management plan of
the lake have been updated since January 1, 2013; and
(2) the applicable district office of the Corps of Engineers
has received a written request for such a review from any
entity.
(b) DEFINITION OF ENHANCED DEVELOPMENT.—In this section,
the term ‘‘enhanced development’’ means the use, for non-waterdependent commercial or hospitality industry purposes or for residential or recreational purposes, of an existing structure or other
improvement.
(c) DIVESTMENT AUTHORITY.—Not later than 1 year after the
date of enactment of this Act, the Secretary shall—
(1) submit to the Committee on Environment and Public
Works of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report
that identifies—
(A) any structure or other improvement owned by the
Secretary that—
(i) has been identified as suitable for enhanced
development pursuant to subsection (a);
(ii) the Secretary determines the divestment of
which would not adversely affect the Corps of Engineers operation of the lake at which the structure
or other improvement is located; and
(iii) a non-Federal interest has offered to purchase
from the Secretary; and
(B) the fair market value of any structure or other
improvement identified under subparagraph (A); and
(2) develop a plan to divest any structure or other improvement identified under paragraph (1)(A), at fair market value,
to the applicable non-Federal interest.

Review.

Deadline.
Reports.

Plan.

33 USC 2201
note.

SEC. 165. CONTINUING AUTHORITY PROGRAMS.

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Deadline.

Notice.
Federal Register,
publication.

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(a) PILOT PROGRAM FOR CONTINUING AUTHORITY PROJECTS IN
SMALL OR DISADVANTAGED COMMUNITIES.—
(1) IN GENERAL.—Not later than 180 days after the date
of enactment of this Act, the Secretary shall implement a
pilot program, in accordance with this subsection, for carrying
out a project under a continuing authority program for an
economically disadvantaged community.
(2) PARTICIPATION IN PILOT PROGRAM.—In carrying out
paragraph (1), the Secretary shall—
(A) publish a notice in the Federal Register that
requests non-Federal interest proposals for a project under
a continuing authority program for an economically disadvantaged community; and

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134 STAT. 2669

(B) review such proposals and select a total of 10
projects, taking into consideration geographic diversity
among the selected projects.
(3) COST SHARE.—Notwithstanding the cost share authorized for the applicable continuing authority program, the Federal share of the cost of a project selected under paragraph
(2) shall be 100 percent.
(4) SUNSET.—The authority to commence pursuant to this
subsection a project selected under paragraph (2) shall terminate on the date that is 10 years after the date of enactment
of this Act.
(5) CONTINUING AUTHORITY PROGRAM DEFINED.—In this
subsection, the term ‘‘continuing authority program’’ has the
meaning given that term in section 7001(c)(1)(D) of Water
Resources Reform and Development Act of 2014 (33 U.S.C.
2282d).
(b) AUTHORIZATIONS OF APPROPRIATIONS.—
(1) EMERGENCY STREAMBANK AND SHORELINE PROTECTION.—Notwithstanding section 14 of the Flood Control Act
of 1946 (33 U.S.C. 701r), there is authorized to be appropriated
to carry out such section $25,500,000 for each of fiscal years
2021 through 2024.
(2) STORM AND HURRICANE RESTORATION AND IMPACT MINIMIZATION PROGRAM.—Notwithstanding section 3(c) of the Act
of August 13, 1946 (33 U.S.C. 426g(c)), there is authorized
to be appropriated to carry out such section $38,000,000 for
each of fiscal years 2021 through 2024.
(3) SMALL RIVER AND HARBOR IMPROVEMENT PROJECTS.—
Notwithstanding section 107(a) of the River and Harbor Act
of 1960 (33 U.S.C. 577(a)), there is authorized to be appropriated to carry out such section $63,000,000 for each of fiscal
years 2021 through 2024.
(4) REGIONAL SEDIMENT MANAGEMENT.—Notwithstanding
section 204(g) of the Water Resources Development Act of 1992
(33 U.S.C. 2326(g)), there is authorized to be appropriated
to carry out such section $63,000,000 for each of fiscal years
2021 through 2024.
(5) SMALL FLOOD CONTROL PROJECTS.—Notwithstanding
section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s),
there is authorized to be appropriated to carry out such section
$69,250,000 for each of fiscal years 2021 through 2024.
(6) AQUATIC ECOSYSTEM RESTORATION.—Notwithstanding
section 206(f) of the Water Resources Development Act of 1996
(33 U.S.C. 2330(f)), there is authorized to be appropriated to
carry out such section $63,000,000 for each of fiscal years
2021 through 2024.
(7) REMOVAL OF OBSTRUCTIONS; CLEARING CHANNELS.—Notwithstanding section 2 of the Act of August 28, 1937 (33 U.S.C.
701g), there is authorized to be appropriated to carry out such
section $8,000,000 for each of fiscal years 2021 through 2024.
(8) PROJECT MODIFICATIONS FOR IMPROVEMENT OF ENVIRONMENT.—Notwithstanding
section 1135(h) of the Water
Resources Development Act of 1986 (33 U.S.C. 2309a(h)), there
is authorized to be appropriated to carry out such section
$50,500,000 for each of fiscal years 2021 through 2024.

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134 STAT. 2670

PUBLIC LAW 116–260—DEC. 27, 2020

TITLE II—STUDIES AND REPORTS

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SEC. 201. AUTHORIZATION OF PROPOSED FEASIBILITY STUDIES.

(a) IN GENERAL.—The Secretary is authorized to conduct a
feasibility study for the following projects for water resources
development and conservation and other purposes, as identified
in the reports titled ‘‘Report to Congress on Future Water Resources
Development’’ submitted to Congress pursuant to section 7001 of
the Water Resources Reform and Development Act of 2014 (33
U.S.C. 2282d) or otherwise reviewed by Congress:
(1) SULPHUR RIVER, ARKANSAS AND TEXAS.—Project for ecosystem restoration, Sulphur River, Arkansas and Texas.
(2) CABLE CREEK, CALIFORNIA.—Project for flood risk
management, water supply, and related benefits, Cable Creek,
California.
(3) OROVILLE DAM, CALIFORNIA.—Project for dam safety
improvements, Oroville Dam, California.
(4) RIO HONDO CHANNEL, CALIFORNIA.—Project for ecosystem restoration, Rio Hondo Channel, San Gabriel River,
California.
(5) SHINGLE CREEK AND KISSIMMEE RIVER, FLORIDA.—
Project for ecosystem restoration and water storage, Shingle
Creek and Kissimmee River, Osceola County, Florida.
(6) ST. JOHN’S RIVER AND LAKE JESUP, FLORIDA.—Project
for ecosystem restoration, St. John’s River and Lake Jesup,
Florida.
(7) CHICAGO AREA WATERWAYS SYSTEM, ILLINOIS.—Project
for ecosystem restoration, recreation, and other purposes,
Illinois River, Chicago River, Calumet River, Grand Calumet
River, Little Calumet River, and other waterways in the vicinity
of Chicago, Illinois.
(8) FOX RIVER, ILLINOIS.—Project for flood risk management, Fox River, Illinois.
(9) LOWER MISSOURI RIVER, KANSAS.—Project for bank stabilization and navigation, Lower Missouri River, Sioux City,
Kansas.
(10) TANGIPAHOA PARISH, LOUISIANA.—Project for flood risk
management, Tangipahoa Parish, Louisiana.
(11) NEWBURY AND NEWBURYPORT, MASSACHUSETTS.—
Project for coastal storm risk management, Newbury and
Newburyport, Massachusetts.
(12) ESCATAWPA RIVER BASIN, MISSISSIPPI.—Project for flood
risk management and ecosystem restoration, Escatawpa River,
Jackson County, Mississippi.
(13) LONG BEACH, BAY ST. LOUIS AND MISSISSIPPI SOUND,
MISSISSIPPI.—Project for hurricane and storm damage risk
reduction and flood risk management, Long Beach, Bay St.
Louis and Mississippi Sound, Mississippi.
(14) TALLAHOMA AND TALLAHALA CREEKS, MISSISSIPPI.—
Project for flood risk management, Leaf River, Jones County,
Mississippi.
(15) LOWER MISSOURI RIVER, MISSOURI.—Project for navigation, Lower Missouri River, Missouri.
(16) LOWER OSAGE RIVER BASIN, MISSOURI.—Project for ecosystem restoration, Lower Osage River Basin, Missouri.

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134 STAT. 2671

(17) WYATT, MISSOURI.—Project for flood risk management,
P. Fields Pump Station, Wyatt, Missouri.
(18) UPPER BASIN AND STONY BROOK (GREEN BROOK SUBBASIN), RARITAN RIVER BASIN, NEW JERSEY.—Reevaluation of
the Upper Basin and Stony Brook portions of the project for
flood control, Green Brook Sub-basin, Raritan River Basin,
New Jersey, authorized by section 401 of the Water Resources
Development Act of 1986 (100 Stat. 4119), including the evaluation of nonstructural measures to achieve the project purpose.
(19) WADING RIVER CREEK, NEW YORK.—Project for hurricane and storm damage risk reduction, flood risk management,
navigation, and ecosystem restoration, Wading River Creek,
New York.
(20) LOWER COLUMBIA RIVER BASIN (TURNING BASIN),
OREGON AND WASHINGTON.—Project to improve and add turning
basins for the project for navigation, Columbia River Channel,
Oregon and Washington, authorized by section 101(b)(13) of
the Water Resources Development Act of 1999 (113 Stat. 280).
(21) WILLIAMSPORT, PENNSYLVANIA.—Project for flood risk
management and levee rehabilitation, greater Williamsport,
Pennsylvania.
(22) CITY OF CHARLESTON, SOUTH CAROLINA.—Project for
tidal- and inland-related flood risk management, Charleston,
South Carolina.
(23) CHOCOLATE BAYOU, TEXAS.—Project for flood risk
management, Chocolate Bayou, Texas.
(24) HOUSTON-GALVESTON, TEXAS.—Project for navigation,
Houston-Galveston, Texas.
(25) PORT ARTHUR AND ORANGE COUNTY, TEXAS.—Project
for flood risk management, Port Arthur and Orange County,
Texas, including construction of improvements to interior drainage.
(26) PORT OF VICTORIA, TEXAS.—Project for flood risk
management, Port of Victoria, Texas.
(27) VIRGINIA BEACH AND VICINITY, VIRGINIA AND NORTH
CAROLINA.—Project for coastal storm risk management, Virginia
Beach and vicinity, Virginia and North Carolina.
(b) SPECIAL RULE.—The Secretary shall consider any study
carried out by the Secretary to formulate the project for flood
risk management, Port Arthur and Orange County, Texas, identified
in subsection (a)(25) to be a continuation of the study carried
out for Sabine Pass to Galveston Bay, Texas, authorized by a
resolution of the Committee on Environment and Public Works
of the Senate, approved June 23, 2004, and funded by title IV
of division B of the Bipartisan Budget Act of 2018, under the
heading ‘‘CORPS OF ENGINEERS—CIVIL—DEPARTMENT OF
THE ARMY—CONSTRUCTION’’ (Public Law 115–123; 132 Stat.
76).

Texas.

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SEC. 202. EXPEDITED COMPLETIONS.

(a) FEASIBILITY REPORTS.—The Secretary shall expedite the
completion of a feasibility study for each of the following projects,
and if the Secretary determines that the project is justified in
a completed report, may proceed directly to preconstruction planning, engineering, and design of the project:
(1) Project for navigation, Florence, Alabama.

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Determination.
State listing.

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American Samoa.

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American Samoa.

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(2) Project to modify the project for navigation, TennesseeTombigbee Waterway, Alabama, Kentucky, Mississippi, and
Tennessee.
(3) Project for shoreline stabilization, Aunu‘u Harbor,
American Samoa.
(4) Project for shoreline stabilization, Tutuila Island, American Samoa.
(5) Project for flood risk management, Lower Santa Cruz
River, Arizona.
(6) Project for flood risk management, Rio de Flag, Arizona.
(7) Project for flood risk management, Tonto Creek, Gila
River, Arizona.
(8) Project for flood control, water conservation, and related
purposes, Coyote Valley Dam, California.
(9) Project for shoreline stabilization, Del Mar Bluffs, San
Diego County, California, carried out pursuant to the resolution
of the Committee on Transportation and Infrastructure of the
House of Representatives adopted on April 22, 1999 (docket
number 2598).
(10) Project for flood damage reduction and ecosystem restoration, Del Rosa Channel, city of San Bernardino, California.
(11) Project for flood risk management, Lower Cache Creek,
California.
(12) Project for flood damage reduction and ecosystem restoration, Mission-Zanja Channel, cities of San Bernardino and
Redlands, California.
(13) Project for flood risk management, Napa, California.
(14) Project for shoreline protection, Oceanside, California,
authorized pursuant to section 414 of the Water Resources
Development Act of 2000 (114 Stat. 2636; 121 Stat. 1176).
(15) Project for ecosystem restoration and water conservation, Prado Basin, Orange, Riverside, and San Bernardino counties, California.
(16) Project for water conservation and water supply,
Redbank and Fancher Creeks, California.
(17) Project for coastal storm damage reduction, San Diego
County shoreline, California.
(18) Project to modify the project for navigation, San Francisco Bay to Stockton, California.
(19) Project for flood risk management, San Francisquito
Creek, California.
(20) Project to modify the Seven Oaks Dam, California,
portion of the project for flood control, Santa Ana River
Mainstem, California, authorized by section 401(a) of the Water
Resources Development Act of 1986 (100 Stat. 4113; 101 Stat.
1329–111; 104 Stat. 4611; 110 Stat. 3713; 121 Stat. 1115),
to include water conservation as an authorized purpose.
(21) Project for coastal storm damage reduction, Southern
California.
(22) Project for water storage, Halligan Dam, Colorado.
(23) Project for flood risk management, East Hartford Levee
System, Connecticut.
(24) Project for flood risk management, Fairfield and New
Haven Counties, Connecticut.
(25) Project for navigation, Guilford Harbor and Sluice
Channel, Connecticut.

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134 STAT. 2673

(26) Project for flood risk management, Hartford Levee
System, Connecticut.
(27) Project for ecosystem restoration, Central and
Southern Florida Project Canal 111 (C–111), South Dade
County, Florida.
(28) Project for ecosystem restoration, Lake Okeechobee,
Florida.
(29) Project for ecosystem restoration, Western Everglades,
Florida.
(30) Project for flood risk management, Hanapepe River,
Kauai, Hawaii.
(31) Project for flood risk management, Wailupe Stream,
Oahu, Hawaii.
(32) Project for flood risk management, Waimea River,
Kauai, Hawaii, being carried out under section 205 of the
Flood Control Act of 1948 (33 U.S.C. 701s).
(33) Project for comprehensive hurricane and storm damage
risk reduction and shoreline erosion protection, Chicago,
Illinois, authorized by section 101(a)(12) of the Water Resources
Development Act of 1996 (110 Stat. 3664; 113 Stat. 302).
(34) Project for flood risk management, Wheaton, DuPage
County, Illinois.
(35) Project for flood damage reduction, ecosystem restoration, and recreation, Blue River Basin, Kansas City, Kansas,
carried out pursuant to the resolution of the Committee on
Transportation and Infrastructure of the House of Representatives adopted on September 24, 2008 (docket number 2803).
(36) Project for flood control, Amite River and Tributaries
east of the Mississippi River, Louisiana.
(37) Project for coastal storm risk management, Upper
Barataria Basin, Louisiana.
(38) Project for navigation, Kent Narrows and Chester
River, Queen Anne’s County, Maryland.
(39) Project to replace the Bourne and Sagamore Bridges,
Cape Cod, Massachusetts.
(40) Project for flood risk management, ecosystem restoration, and recreation, Lower St. Croix River, Minnesota, carried
out pursuant to the resolution of the Committee on Transportation and Infrastructure of the House of Representatives
adopted on September 25, 2002 (docket number 2705).
(41) Project to deepen the project for navigation, Gulfport
Harbor, Mississippi, authorized by section 202(a) of the Water
Resources Development Act of 1986 (100 Stat. 4094).
(42) Project for navigation, Shark River, New Jersey.
(43) Project for navigation, Goldsmith Inlet, New York.
(44) Project for navigation, Lake Montauk Harbor, New
York.
(45) Project for rehabilitation of Lock E–32, Erie Canal,
Pittsford, New York.
(46) Project for navigation and shoreline stabilization, Reel
Point Preserve, New York, carried out pursuant to the resolution of the Committee on Transportation and Infrastructure
of the House of Representatives adopted on May 2, 2007 (docket
number 2775).
(47) Project for flood risk management, Rondout CreekWallkill River Watershed, New York, carried out pursuant to

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134 STAT. 2674

U.S. Virgin
Islands.

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Arizona.
Iowa.

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the resolution of the Committee on Transportation and Infrastructure of the House of Representatives adopted on May
2, 2007 (docket number 2776).
(48) Project for ecosystem restoration and hurricane and
storm damage risk reduction, Spring Creek South (Howard
Beach), Queens, New York.
(49) Project for ecosystem restoration, Hood River at the
confluence with the Columbia River, Oregon.
(50) Project to resolve increased silting and shoaling adjacent to the Federal channel, Port of Bandon, Coquille River,
Oregon.
(51) Project for flood control, 42nd Street Levee, Springfield,
Oregon, being carried out under section 205 of the Flood Control
Act of 1948 (33 U.S.C. 701s).
(52) Project for construction of Tribal housing authorized
by title IV of Public Law 100–581 (102 Stat. 2944), Oregon
and Washington.
(53) Project for flood risk management, Dorchester County,
South Carolina.
(54) Project for navigation, Georgetown Harbor, South
Carolina.
(55) Project for hurricane and storm damage risk reduction,
Myrtle Beach, South Carolina.
(56) Project to modify the projects for navigation and other
purposes, Old Hickory Lock and Dam and the Cordell Hull
Dam and Reservoir, Cumberland River, Tennessee, authorized
by the Act of July 24, 1946 (chapter 595, 60 Stat. 636), to
add flood risk management as an authorized purpose.
(57) Project for flood risk management, Buffalo Bayou,
Texas.
(58) Project for flood risk management, ecosystem restoration, water supply, and related purposes, Lower Rio Grande
River, Cameron County, Texas, carried out pursuant to the
resolution of the Committee on Transportation and Infrastructure of the House of Representatives adopted on May 21, 2003
(docket number 2710).
(59) Project for hurricane and storm damage risk reduction
and shoreline erosion protection, Bolongo Bay, St. Thomas,
United States Virgin Islands.
(60) Project for water supply and ecosystem restoration,
Howard Hanson Dam, Washington.
(61) Project for ecosystem restoration, Puget Sound, Washington.
(62) Project for navigation, Seattle Harbor, Washington.
(63) Project for navigation, Tacoma Harbor, Washington.
(64) Project for dam safety remediation, Bluestone Dam,
West Virginia.
(65) Project to modify the project for navigation, Milwaukee
Harbor, Wisconsin.
(b) POST-AUTHORIZATION CHANGE REPORTS.—The Secretary
shall expedite completion of a post-authorization change report
for the following projects:
(1) Project for ecosystem restoration, Tres Rios, Arizona.
(2) Project for flood risk management, Des Moines Levee
System, including Birdland Park Levee, Des Moines and Raccoon Rivers, Des Moines, Iowa.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2675

(c) WATERSHED AND RIVER BASIN ASSESSMENTS.—The Secretary
shall expedite the completion of an assessment under section 729
of the Water Resources Development Act of 1986 (33 U.S.C. 2267a)
for the following:
(1) Kansas River Basin, Kansas.
(2) Merrimack River Basin, Massachusetts.
(3) Pascagoula River Basin, Mississippi.
(4) Tuscarawas River Basin, Ohio.
(5) Lower Fox River Basin, Wisconsin.
(6) Upper Fox River Basin and Wolf River Basin, Wisconsin.
(d) DISPOSITION STUDIES.—The Secretary shall expedite the
completion of a disposition study, carried out under section 216
of the Flood Control Act of 1970 (33 U.S.C. 549a), for the project
for Salinas Reservoir (Santa Margarita Lake), California.
(e) REALLOCATION STUDIES.—The Secretary shall expedite the
completion of a study for the reallocation of water supply storage,
carried out in accordance with section 301 of the Water Supply
Act of 1958 (43 U.S.C. 390b), for the following:
(1) Aquilla Lake, Texas.
(2) Lake Whitney, Texas.
(f) ECONOMIC REEVALUATION REPORT.—The Secretary shall
expedite the completion of the economic reevaluation report for
the navigation and sustainability program carried out pursuant
to title VIII of the Water Resources Development Act of 2007
(33 U.S.C. 652 note).

State listing.

California.

Texas.

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SEC. 203. EXPEDITED MODIFICATIONS OF EXISTING FEASIBILITY
STUDIES.

(a) IN GENERAL.—The Secretary shall expedite the completion
of the following feasibility studies, as modified by this section,
and if the Secretary determines that a project that is the subject
of the feasibility study is justified in a completed report, may
proceed directly to preconstruction planning, engineering, and
design of the project:
(1) SAN FRANCISCO BAY, CALIFORNIA.—The study for flood
risk reduction authorized by section 142 of the Water Resources
Development Act of 1976 (90 Stat. 2930), is modified to
authorize the Secretary to—
(A) investigate the ocean shoreline of San Mateo, San
Francisco, and Marin Counties for the purposes of providing
flood protection against tidal and fluvial flooding;
(B) with respect to the bay and ocean shorelines of
San Mateo, San Francisco, and Marin Counties, investigate
measures to adapt to rising sea levels; and
(C) with respect to the bay and ocean shorelines, and
streams running to the bay and ocean shorelines, of San
Mateo, San Francisco, and Marin Counties, investigate the
effects of proposed flood protection and other measures
or improvements on—
(i) the local economy;
(ii) habitat restoration, enhancement, or expansion
efforts or opportunities;
(iii) public infrastructure protection and improvement;
(iv) stormwater runoff capacity and control measures, including those that may mitigate flooding;
(v) erosion of beaches and coasts; and

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Determination.

Investigations.

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Evaluation.
Consultation.

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PUBLIC LAW 116–260—DEC. 27, 2020

(vi) any other measures or improvements relevant
to adapting to rising sea levels.
(2) SACRAMENTO RIVER, SOUTHERN SUTTER COUNTY, CALIFORNIA.—The study for flood control and allied purposes for
the Sacramento River Basin, authorized by section 209 of the
Flood Control Act of 1962 (76 Stat. 1197), is modified to
authorize the Secretary to conduct a study for flood risk
management, southern Sutter County between the Sacramento
River and Sutter Bypass, California.
(3) SALTON SEA, CALIFORNIA.—In carrying out the program
to implement projects to restore the Salton Sea, California,
authorized by section 3032 of the Water Resources Development
Act of 2007 (121 Stat. 1113; 130 Stat. 1677), the Secretary
is authorized to carry out a study for the construction of a
perimeter lake, or a northern or southern subset thereof, for
the Salton Sea, California.
(4) NEW YORK AND NEW JERSEY HARBOR AND TRIBUTARIES,
NEW YORK AND NEW JERSEY.—The study for flood and storm
damage reduction for the New York and New Jersey Harbor
and Tributaries project, authorized by the Act of June 15,
1955 (chapter 140, 69 Stat. 132), and being carried out pursuant
to the Disaster Relief Appropriations Act, 2013 (Public Law
113–2), is modified to require the Secretary to—
(A) evaluate and address the impacts of low-frequency
precipitation and sea-level rise on the study area;
(B) consult with affected communities; and
(C) ensure the study is carried out in accordance with
section 1001 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282c).
(b) CONSIDERATIONS.—Where appropriate, the Secretary may
use the authority provided by section 216 of the Flood Control
Act of 1970 (33 U.S.C. 549a) to carry out this section.
SEC. 204. ASSISTANCE TO NON-FEDERAL SPONSORS; FEASIBILITY
ANALYSIS.

(a) ASSISTANCE TO NON-FEDERAL SPONSORS.—
(1) IN GENERAL.—Subject to the availability of appropriations, during the period during which a non-Federal interest
may submit a proposal to be considered for inclusion in an
annual report pursuant to section 7001(b) of the Water
Resources Reform and Development Act of 2014 (33 U.S.C.
2282d(b)), the Secretary is authorized to provide assistance
in accordance with section 1104(b) of the Water Resources
Development Act of 2018 (33 U.S.C. 2282d note) to the nonFederal interest of a project proposal described in paragraph
(2).
(2) PROJECT PROPOSALS DESCRIBED.—A project proposal
referred to in paragraph (1) is a proposal for any of the following:
(A) A feasibility study for a fish passage for ecosystem
restoration, Lower Alabama River, Alabama.
(B) A feasibility study for dredged material disposal
management activities, Port of Florence, Alabama.
(C) A feasibility study for a project for flood risk
management, Sikorsky Memorial Airport, Bridgeport, Connecticut.

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134 STAT. 2677

(D) A feasibility study for a project to design and
construct the Naugatuck River Greenway Trail, a multiuse
trail on Federal land between Torrington and Derby, Connecticut.
(E) A feasibility study for a project for coastal and
flood risk management, Stratford, Connecticut.
(F) A feasibility study for projects for flood risk
management, Woodbridge, Connecticut.
(G) The project for flood risk management, Bloomington, Indiana.
(H) The project for flood risk management, Gary,
Indiana.
(I) Modification of the project for beach erosion and
hurricane protection, Grand Isle, Louisiana, to include periodic beach nourishment.
(J) A feasibility study for a project for flood risk
management, Cataouatche Subbasin area of the west bank
of Jefferson Parish, Louisiana.
(K) A feasibility study for projects for flood risk
management and storm damage reduction in the Hoey’s
Basin area of the east bank of Jefferson Parish, Louisiana,
including a study of the ‘‘pump to the river’’ concept.
(L) A feasibility study for a project for flood risk
management, Hoosic River, Massachusetts.
(M) Modification of the project for navigation, River
Rouge, Michigan.
(N) A project to extend dredging of the South Haven
Harbor, Michigan, to include the former turning basin.
(O) Modification of the project for flood risk management, Upper Rouge River, Wayne County, Michigan.
(P) A project for aquatic and riparian ecosystem restoration, Line Creek, Riverside, Missouri.
(Q) A feasibility study for projects for ecosystem restoration, Bangert Island, St. Charles, Missouri, related to
channels and aquatic habitats.
(R) A study of the resiliency of the Allegheny Reservoir,
New York, in consultation with the Seneca Nation.
(S) A feasibility study for the rehabilitation of the
tainter gates and guard gate, Caughdenoy Dam, New York,
including an evaluation of the rehabilitation work necessary to extend the service life of those structures, such
as—
(i) improvements to the hydraulic efficiency of the
gate systems;
(ii) improvements to the concrete foundation and
gate support structures; and
(iii) any other improvements the Secretary determines to be necessary.
(T) A project for repairs to the West Pier and West
Barrier Bar, Little Sodus Bay Harbor, Cayuga County,
New York.
(U) A project for repair of a sheet pile wall and east
breakwater, Great Sodus Bay, New York.
(V) A feasibility study for the project for navigation,
Port of Oswego, New York.
(W) A feasibility study for potential projects for the
rehabilitation of the Glens Falls Feeder Canal, which

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Native
Americans.

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134 STAT. 2678

begins at the Feeder Dam intersection with the Hudson
River in Queensbury, New York, and runs to the confluence
of the Old Champlain Canal in Kingsbury, New York.
(X) A feasibility study to determine whether the purchase of additional flood easements, changes in lake level
management,
additional
levee
infrastructure,
or
implementation of other flood risk management or containment mechanisms in the Arkansas River Basin, Oklahoma,
would benefit local communities by reducing flood risks
around water resources development projects of the Corps
of Engineers in a range of different flood scenarios.
(Y) A feasibility study on increasing the frequency
and depth of dredging assistance from the Corps of Engineers at the Port of Astoria, located at the mouth of the
Columbia River, Oregon.
(b) FEASIBILITY ANALYSIS.—
(1) IN GENERAL.—Subject to the availability of appropriations, the Secretary is authorized to review a project proposal
described in paragraph (2) and issue a report to the Committee
on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of
Representatives on whether a modification to the project that
is the subject of the proposal is necessary and recommended
to carry out the authorized purposes of such project.
(2) PROJECT PROPOSALS DESCRIBED.—A project proposal
referred to in paragraph (1) is a proposal to modify any of
the following:
(A) The project for environmental infrastructure, City
of Sheffield, Alabama, authorized pursuant to section
219(f)(78) of the Water Resources Development Act of 1992
(106 Stat. 4835; 113 Stat. 335; 121 Stat. 1258; 130 Stat.
1687).
(B) The project for environmental infrastructure,
Calaveras County, California, under section 219(f)(86) of
the Water Resources Development Act of 1992 (106 Stat.
4835; 113 Stat. 335; 121 Stat. 1259).
(C) The project for environmental infrastructure, Charlotte County, Florida, authorized by section 219(f)(121) of
the Water Resources Development Act of 1992 (106 Stat.
4835; 113 Stat. 335; 121 Stat. 1261).
(D) The Mississippi River and Tributaries project
authorized by the first section of the Act of May 15, 1928
(33 U.S.C. 702a), to include the portion of the Ouachita
River Levee System at and below Monroe, Louisiana, to
Caldwell Parish, Louisiana.
(E) The project for environmental infrastructure, Central New Mexico, authorized by section 593 of the Water
Resources Development Act of 1999 (113 Stat. 380; 119
Stat. 2255).
(F) The project for environmental infrastructure, Village of Whitehall, New York, authorized pursuant to section
542 of the Water Resources Development Act of 2000 (114
Stat. 2671; 121 Stat. 1150).
(G) The project for environmental infrastructure, Ohio
and North Dakota, authorized by section 594 of the Water
Resources Development Act of 1999 (113 Stat. 383; 121
Stat. 1140; 121 Stat. 1944).

Review.

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State listing.

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134 STAT. 2679

(H) The project for flood risk management and water
supply, Tenkiller Ferry Lake, Arkansas River Basin, Oklahoma, authorized by section 4 of the Act of June 28, 1938
(chapter 795, 52 Stat. 1218), to modify water storage to
provide for a sufficient quantity of water supply storage
space in the inactive pool storage to support the fishery
downstream from Tenkiller Reservoir.
(I) The project for environmental infrastructure,
Athens, Tennessee, authorized by section 219(f)(254) of the
Water Resources Development Act of 1992 (106 Stat. 4835;
113 Stat. 335; 121 Stat. 1267).
(J) The project for environmental infrastructure,
Blaine, Tennessee, authorized by section 219(f)(255) of the
Water Resources Development Act of 1992 (106 Stat. 4835;
113 Stat. 335; 121 Stat. 1267).
(K) The project for environmental infrastructure, Claiborne County, Tennessee, authorized by section 219(f)(256)
of the Water Resources Development Act of 1992 (106
Stat. 4835; 113 Stat. 335; 121 Stat. 1267).
(L) The project for environmental infrastructure, Giles
County, Tennessee, authorized by section 219(f)(257) of
the Water Resources Development Act of 1992 (106 Stat.
4835; 113 Stat. 335; 121 Stat. 1267).
(M) The project for environmental infrastructure,
Grainger County, Tennessee, authorized by section
219(f)(258) of the Water Resources Development Act of
1992 (106 Stat. 4835; 113 Stat. 335; 121 Stat. 1267).
(N) The project for environmental infrastructure, Hamilton County, Tennessee, authorized by section 219(f)(259)
of the Water Resources Development Act of 1992 (106
Stat. 4835; 113 Stat. 335; 121 Stat. 1267).
(O) The project for environmental infrastructure, Harrogate, Tennessee, authorized by section 219(f)(260) of the
Water Resources Development Act of 1992 (106 Stat. 4835;
113 Stat. 335; 121 Stat. 1267).
(P) The project for environmental infrastructure, Johnson County, Tennessee, authorized by section 219(f)(261)
of the Water Resources Development Act of 1992 (106
Stat. 4835; 113 Stat. 335; 121 Stat. 1267).
(Q) The project for environmental infrastructure, Knoxville, Tennessee, authorized by section 219(f)(262) of the
Water Resources Development Act of 1992 (106 Stat. 4835;
113 Stat. 335; 121 Stat. 1267).
(R) The project for environmental infrastructure,
Lewis, Lawrence, and Wayne Counties, Tennessee, authorized by section 219(f)(264) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 335; 121
Stat. 1268).
(S) The project for environmental infrastructure, Nashville, Tennessee, authorized by section 219(f)(263) of the
Water Resources Development Act of 1992 (106 Stat. 4835;
113 Stat. 335; 121 Stat. 1267).
(T) The project for environmental infrastructure, Oak
Ridge, Tennessee, authorized by section 219(f)(265) of the
Water Resources Development Act of 1992 (106 Stat. 4835;
113 Stat. 335; 121 Stat. 1268).

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134 STAT. 2680

PUBLIC LAW 116–260—DEC. 27, 2020
(U) The project for environmental infrastructure, Plateau Utility District, Morgan County, Tennessee, authorized by section 219(f)(266) of the Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 335; 121
Stat. 1268).
(V) The authorized funding level for critical restoration
projects, Lake Champlain watershed, Vermont and New
York, authorized by section 542 of the Water Resources
Development Act of 2000 (114 Stat. 2671; 121 Stat. 1150).
(W) The project for environmental infrastructure,
Eastern Shore and Southwest Virginia, authorized by section 219(f)(10) of the Water Resources Development Act
of 1992 (106 Stat. 4835; 113 Stat. 335; 121 Stat. 1255).

SEC. 205. SELMA, ALABAMA.

Update.

Not later than 180 days after the date of enactment of this
Act, the Secretary shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report
that—
(1) provides an update on the study for flood risk management and riverbank stabilization, Selma, Alabama, authorized
by resolutions of the Committees on Public Works and Rivers
and Harbors of the House of Representatives on June 7, 1961,
and April 28, 1936, respectively, the completion of which the
Secretary was required to expedite by section 1203 of the Water
Resources Development Act of 2018 (132 Stat. 3803); and
(2) identifies project alternatives necessary to—
(A) assure the preservation of cultural and historic
values associated with national historic landmarks within
the study area; and
(B) provide flood risk management for economically
disadvantaged communities within the study area.

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SEC.

206.

REPORT ON CORPS
APPALACHIA.

OF

ENGINEERS

FACILITIES

IN

(a) IN GENERAL.—Not later than 180 days after the date of
enactment of this Act, the Secretary, in collaboration with the
Appalachian Regional Commission established by section 14301(a)
of title 40, United States Code, shall submit to the Committee
on Environment and Public Works of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives a report that identifies each Corps of Engineers facility that—
(1) is located within a distressed county or an at-risk county
(as designated by the Appalachian Regional Commission pursuant to subparagraph (A) or (B) of section 14526(a)(1), of title
40, United States Code), including in counties that are experiencing high unemployment or job loss; and
(2) could be improved for purposes of economic development, recreation, or other uses.
(b) HYDROPOWER FACILITIES.—
(1) IDENTIFICATION OF POTENTIAL HYDROPOWER DEVELOPMENT.—The Secretary shall include in the report submitted
under subsection (a) the identification of any existing nonpowered dams, located within a distressed county or an at-risk
county, with the potential to be used to test, evaluate, pilot,
demonstrate, or deploy hydropower or energy storage technologies.

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134 STAT. 2681

(2) INFORMATION.—In carrying out this subsection, the Secretary may use any information developed pursuant to section
1206 of the Water Resources Development Act of 2018 (132
Stat. 3806).
(3) COORDINATION.—In carrying out paragraph (1), the Secretary shall coordinate with any relevant National Laboratories.
SEC. 207. ADDITIONAL STUDIES UNDER NORTH ATLANTIC COAST COMPREHENSIVE STUDY.

(a) IN GENERAL.—The Secretary shall carry out a study to
determine the feasibility of a project for hurricane and storm damage risk reduction for any major metropolitan area located in the
study area for the comprehensive study authorized under the
heading ‘‘Department of the Army—Corps of Engineers—Civil—
Investigations’’ under the Disaster Relief Appropriations Act, 2013
(Public Law 113–2) that was not included in a high-risk focus
area identified in the study.
(b) TREATMENT.—A study carried out under subsection (a) shall
be considered to be a continuation of the comprehensive study
described in that subsection.

Determination.

SEC. 208. SOUTH ATLANTIC COASTAL STUDY.

Section 1204 of the Water Resources Development Act of 2016
(130 Stat. 1685) is amended by adding at the end the following:
‘‘(d) ANNUAL REPORTS.—Not later than 180 days after the enactment of the Water Resources Development Act of 2020, and not
less frequently than annually thereafter until 2025, the Secretary
shall submit to the Committee on Environment and Public Works
of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the status of
the study under subsection (a), on a State-by-State basis, including
information on the engagement of the Corps of Engineers with
non-Federal interests, including detailed lists of all meetings and
decision outcomes associated with those engagements.’’.

Lists.

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SEC. 209. COMPREHENSIVE STUDY OF THE SACRAMENTO RIVER, YOLO
BYPASS, CALIFORNIA.

(a) COMPREHENSIVE STUDY.—The Secretary shall conduct a
comprehensive study of the Sacramento River in the vicinity of
the Yolo Bypass System, California, to identify actions to be undertaken by the Secretary for the comprehensive management of the
Yolo Bypass System for the purposes of flood risk management,
ecosystem restoration, water supply, hydropower, and recreation.
(b) CONSULTATION AND USE OF EXISTING DATA.—
(1) CONSULTATION.—In conducting the comprehensive
study under subsection (a), the Secretary shall consult with
the Governor of the State of California, applicable Federal,
State, and local agencies, non-Federal interests, the Yolo
Bypass and Cache Slough Partnership, and other stakeholders.
(2) USE OF EXISTING DATA AND PRIOR STUDIES.—To the
maximum extent practicable and where appropriate, the Secretary may—
(A) make use of existing data provided to the Secretary
by the entities identified in paragraph (1); and
(B) incorporate—
(i) relevant information from prior studies and
projects carried out by the Secretary within the study
area; and

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134 STAT. 2682

PUBLIC LAW 116–260—DEC. 27, 2020

(ii) the latest technical data and scientific
approaches to changing hydrologic and climatic conditions.
(c) RECOMMENDATIONS.—
(1) IN GENERAL.—In conducting the comprehensive study
under subsection (a), the Secretary may develop a recommendation to Congress for—
(A) the construction of a water resources development
project;
(B) the structural or operational modification of an
existing water resources development project;
(C) additional monitoring of, or adaptive management
measures to carry out with respect to, existing water
resources development projects, to respond to changing
hydrologic and climatic conditions; or
(D) geographic areas within the Yolo Bypass System
for additional study by the Secretary.
(2) ADDITIONAL CONSIDERATIONS.—Any feasibility study
carried out pursuant to a recommendation under paragraph
(1)(D) shall be considered to be a continuation of the comprehensive study authorized under subsection (a).
(d) COMPLETION OF STUDY; REPORT TO CONGRESS.—Not later
than 3 years after the date of enactment of this section, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate a report detailing—
(1) the results of the comprehensive study conducted under
subsection (a), including any recommendations developed under
subsection (c);
(2) any additional, site-specific areas within the Yolo
Bypass System where additional study for flood risk management or ecosystem restoration projects is recommended by the
Secretary; and
(3) any interim actions relating to existing water resources
development projects undertaken by the Secretary during the
study period.
(e) DEFINITIONS.—In this section:
(1) YOLO BYPASS SYSTEM.—The term ‘‘Yolo Bypass System’’
means the system of weirs, levees, bypass structures, and other
water resources development projects in California’s Sacramento River Valley, extending from the Fremont Weir near
Woodland, California, to the Sacramento River near Rio Vista,
California, authorized pursuant to section 2 of the Act of March
1, 1917 (chapter 144; 39 Stat. 949).
(2) YOLO BYPASS AND CACHE SLOUGH PARTNERSHIP.—The
term ‘‘Yolo Bypass and Cache Slough Partnership’’ means the
group of parties to the Yolo Bypass and Cache Slough Memorandum of Understanding, effective May 2016, regarding
collaboration and cooperation in the Yolo Bypass and Cache
Slough region.

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SEC. 210. LAKE OKEECHOBEE REGULATION SCHEDULE, FLORIDA.

(a) IN GENERAL.—In carrying out the review of the Lake Okeechobee regulation schedule pursuant to section 1106 of the Water
Resources Development Act of 2018 (132 Stat. 3773), the Secretary
shall—

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134 STAT. 2683

(1) evaluate the implications of prohibiting releases from
Lake Okeechobee through the S–308 and S–80 lock and dam
structures, and evaluate separately the implications of prohibiting high volume releases through the S–77, S–78, and S–
79 lock and dam structures, on the operation of the lake in
accordance with authorized purposes and seek to minimize
unnecessary releases to coastal estuaries; and
(2) to the maximum extent practicable, coordinate with
the ongoing efforts of Federal and State agencies responsible
for monitoring, forecasting, and notification of cyanobacteria
levels in Lake Okeechobee.
(b) MONTHLY REPORT.—Each month, the Secretary shall make
public a report, which may be based on the Water Management
Daily Operational Reports, disclosing the volumes of water deliveries to or discharges from Lake Okeechobee & Vicinity, Water
Conservation Area I, Water Conservation Area II, Water Conservation Area III, East Coast Canals, and the South Dade Conveyance.
Such report shall be aggregated and reported in a format designed
for the general public, using maps or other widely understood
communication tools.
(c) EFFECT.—In carrying out the evaluation under subsection
(a)(1), nothing shall be construed to authorize any new purpose
for the management of Lake Okeechobee or authorize the Secretary
to affect any existing authorized purpose, including flood protection
and management of Lake Okeechobee to provide water supply for
all authorized users.

Evaluation.

Coordination.

Public
information.
Disclosure.

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SEC. 211. GREAT LAKES COASTAL RESILIENCY STUDY.

(a) IN GENERAL.—In carrying out the comprehensive assessment of water resources needs for the Great Lakes System under
section 729 of the Water Resources Development Act of 1986 (33
U.S.C. 2267a), as required by section 1219 of the Water Resources
Development Act of 2018 (132 Stat. 3811), the Secretary shall—
(1) taking into account recent high lake levels within the
Great Lakes, assess and make recommendations to Congress
on—
(A) coastal storm and flood risk management measures,
including measures that use natural features and naturebased features, as those terms are defined in section 1184
of the Water Resources Development Act of 2016 (33 U.S.C.
2289a);
(B) operation and maintenance of the Great Lakes
Navigation System, as such term is defined in section 210
of the Water Resources Development Act of 1986 (33 U.S.C.
2238);
(C) ecosystem protection and restoration;
(D) the prevention and control of invasive species and
the effects of invasive species; and
(E) recreation associated with water resources development projects;
(2) prioritize actions necessary to protect critical public
infrastructure, communities, and critical natural or cultural
resources; and
(3) to the maximum extent practicable and where appropriate, utilize existing data provided to the Secretary by Federal
and State agencies, Indian Tribes, and other stakeholders,
including data obtained through other Federal programs.

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Recommendations.

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134 STAT. 2684

New York.
Illinois.

Summaries.

PUBLIC LAW 116–260—DEC. 27, 2020

(b) RECOMMENDATIONS; ADDITIONAL STUDY.—
(1) IN GENERAL.—In carrying out the comprehensive assessment described in subsection (a), the Secretary may make a
recommendation to Congress for—
(A) the construction of a water resources development
project;
(B) the structural or operational modification of an
existing water resources development project;
(C) additional monitoring of, or adaptive management
measures to carry out with respect to, existing water
resources development projects, to respond to changing
hydrologic and climatic conditions; or
(D) geographic areas within the Great Lakes System
for additional study by the Secretary.
(2) FOCUS AREAS.—In addition to carrying out subsection
(a), to contribute to the comprehensive assessment described
in such subsection, the Secretary is authorized to conduct feasibility studies for—
(A) the project for coastal storm resiliency, Lake
Ontario shoreline, New York; and
(B) the project for coastal storm resiliency, Chicago
shoreline, Illinois.
(3) ADDITIONAL CONSIDERATIONS.—Any feasibility study
carried out pursuant to this subsection, including pursuant
to a recommendation under paragraph (1)(D), shall be considered to be a continuation of the comprehensive assessment
described in subsection (a).
(c) EXEMPTION FROM MAXIMUM STUDY COST AND DURATION
LIMITATIONS.—Section 1001 of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2282c) shall not apply to
any study recommended under subsection (b)(1)(D) or carried out
pursuant to subsection (b)(2).
SEC. 212. REPORT ON THE STATUS OF RESTORATION IN THE LOUISIANA COASTAL AREA.

Not later than 1 year after the date of enactment of this
Act, the Coastal Louisiana Ecosystem Protection and Restoration
Task Force established by section 7004 of Water Resources Development Act of 2007 (121 Stat. 1272) shall submit to Congress a
report that summarizes the activities and recommendations of the
Task Force, including—
(1) policies, strategies, plans, programs, projects, and activities undertaken for addressing conservation, protection, restoration, and maintenance of the coastal Louisiana ecosystem; and
(2) financial participation by each agency represented on
the Task Force in conserving, protecting, restoring, and
maintaining the coastal Louisiana ecosystem.

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SEC. 213. LOWER MISSISSIPPI RIVER COMPREHENSIVE MANAGEMENT
STUDY.

(a) COMPREHENSIVE STUDY.—
(1) PURPOSE.—The Secretary, in collaboration with the
heads of other relevant Federal agencies and pursuant to subsection (d)(1)(A), shall conduct a comprehensive study of the
Lower Mississippi River basin, from Cape Girardeau, Missouri,
to the Gulf of Mexico, to identify recommendations of actions
to be undertaken by the Secretary, under existing authorities

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2685

or after congressional authorization, for the comprehensive
management of the basin for the purposes of—
(A) hurricane and storm damage reduction, flood risk
management, structural and nonstructural flood control,
and floodplain management strategies;
(B) navigation;
(C) ecosystem and environmental restoration;
(D) water supply;
(E) hydropower production;
(F) recreation; and
(G) other purposes as determined by the Secretary.
(2) DEVELOPMENT.—In conducting the comprehensive study
under paragraph (1), the Secretary shall investigate—
(A) the construction of new water resources development projects;
(B) structural and operational modifications to completed water resources development projects within the
study area;
(C) projects proposed in the comprehensive coastal
protection master plan entitled ‘‘Louisiana’s Comprehensive
Master Plan for a Sustainable Coast’’, prepared by the
State of Louisiana and accepted by the Louisiana Coastal
Protection and Restoration Authority (including any subsequent amendments or revisions), including—
(i) Ama sediment diversion;
(ii) Union freshwater diversion;
(iii) increase Atchafalaya flow to Terrebonne; and
(iv) Manchac Landbridge diversion;
(D) natural features and nature-based features,
including levee setbacks and instream and floodplain restoration;
(E) fish and wildlife habitat resources, including in
the Mississippi Sound Estuary, the Lake Pontchartrain
Basin, the Breton Sound, the Barataria Basin, the
Terrebonne Basin, the Atchafalaya Basin, the Vermilion–
Teche Basin, and other outlets of the Mississippi River
and Tributaries project;
(F) mitigation of adverse impacts from operations of
flood control structures to the Mississippi Sound Estuary,
the Lake Pontchartrain Basin, the Breton Sound, the
Barataria Basin, the Atchafalaya Basin, and other outlets
of the Mississippi River and Tributaries project;
(G) the effects of dredging and river-bottom elevation
changes on drainage efficiency;
(H) the economic impacts of existing practices,
including such impacts on coastal resources;
(I) monitoring requirements, including as near-real
time monitoring as practicable, and adaptive management
measures to respond to changing conditions over time;
(J) the division of responsibilities among the Federal
Government and non-Federal interests with respect to the
purposes described in paragraph (1); and
(K) other matters, as determined by the Secretary.
(b) CONSULTATION AND USE OF EXISTING DATA.—In conducting
the comprehensive study under subsection (a), the Secretary shall
consult with applicable Federal, State, and local agencies, Indian
Tribes, non-Federal interests, and other stakeholders, and, to the

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134 STAT. 2686

PUBLIC LAW 116–260—DEC. 27, 2020

maximum extent practicable and where appropriate, make use of
existing data provided to the Secretary by such entities or from
any relevant multistate monitoring programs.
(c) RECOMMENDATIONS.—In conducting the comprehensive
study under subsection (a), the Secretary shall develop actionable
recommendations to Congress, including for—
(1) the construction of new water resources development
projects to improve the maximum effective river resource use
and control;
(2) the structural or operational modification of completed
water resources development projects;
(3) such additional monitoring of, or adaptive management
measures to carry out with respect to, completed water
resources development projects, to respond to changing conditions;
(4) improving the efficiency of operational and maintenance
dredging within the study area;
(5) whether changes are necessary to the Mississippi River
and Tributaries project within the study area;
(6) other Federal and non-Federal action, where appropriate; and
(7) follow-up studies and data collection and monitoring
to be carried out by the relevant Federal or State agency.
(d) COMPLETION OF STUDY; REPORT TO CONGRESS.—
(1) ANNUAL REPORTS.—Not later than 1 year after the
date of enactment of this Act, and annually thereafter until
the final report under paragraph (2) is submitted, the Secretary
shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee
on Environment and Public Works of the Senate a report
detailing—
(A) any interim actions relating to water resources
development projects within the study area undertaken
by the Secretary under existing authority; and
(B) any recommendations developed under subsection
(c).
(2) FINAL REPORT.—Not later than 5 years after the date
of enactment of this section, the Secretary shall submit to
the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment
and Public Works of the Senate a final report detailing the
results of the comprehensive study required by this section,
including the recommendations developed under subsection (c).
(3) APPLICATION OF CERTAIN REQUIREMENTS.—Section
1001(a) of the Water Resources Reform and Development Act
of 2014 (33 U.S.C. 2282c(a)) shall not apply to the study carried
out by the Secretary under this section.
(e) FURTHER ANALYSIS.—
(1) IN GENERAL.—In conducting the comprehensive study
under subsection (a), the Secretary shall carry out activities
in geographic areas that warrant additional analysis by the
Corps of Engineers, including feasibility studies.
(2) TREATMENT.—A feasibility study carried out under paragraph (1) shall be considered to be a continuation of the comprehensive study conducted under subsection (a).

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134 STAT. 2687

(f) REQUIREMENTS.—The comprehensive study conducted under
subsection (a) shall be carried out in accordance with the authorities
for the Mississippi River and Tributaries project.
(g) DEFINITIONS.—In this section:
(1) MISSISSIPPI RIVER AND TRIBUTARIES PROJECT.—The term
‘‘Mississippi River and Tributaries project’’ means the Mississippi River and Tributaries project authorized by the first
section of the Act of May 15, 1928 (33 U.S.C. 702a).
(2) NATURAL FEATURE; NATURE-BASED FEATURE.—The terms
‘‘natural feature’’ and ‘‘nature-based feature’’ have the meanings
given those terms in section 1184 of the Water Resources
Development Act of 2016 (33 U.S.C. 2289a).
(h) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $25,000,000, to remain
available until expended.
(i) SAVINGS PROVISION.—Nothing in this section shall delay
or interfere with, or be construed as grounds for enjoining construction of, authorized projects within the study area.
SEC. 214. UPPER MISSISSIPPI RIVER COMPREHENSIVE PLAN.

(a) ASSESSMENT.—The Secretary shall conduct an assessment
of the water resources needs of the Upper Mississippi River under
section 729 of the Water Resources Development Act of 1986 (33
U.S.C. 2267a).
(b) REQUIREMENTS.—The Secretary shall carry out the assessment under subsection (a) in accordance with the requirements
in section 1206(b) of Water Resources Development Act of 2016
(130 Stat. 1686).
SEC. 215. UPPER MISSOURI RIVER BASIN MAINSTEM DAM FISH LOSS
RESEARCH.

(a) IN GENERAL.—Pursuant to section 22 of the Water Resources
Development Act of 1974 (42 U.S.C. 1962d–16), the Secretary shall
conduct research on the management of fish losses through the
mainstem dams of the Missouri River Basin during periods of
high flow.
(b) CONTENTS.—The research conducted under subsection (a)
shall include an examination of—
(1) the effects of high flow rates through Upper Missouri
River Basin mainstem dam outlet works on fish passage;
(2) options used by other Corps of Engineers district offices
to mitigate fish losses through dams; and
(3) the feasibility of implementing fish loss mitigation
options in the Upper Missouri River Basin mainstem dams,
based on similar ongoing studies.
(c) REPORT.—Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to the Committee
on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of
the Senate a report recommending a plan to address fish losses
through mainstem dams in the Upper Missouri River Basin.

Examinations.

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SEC. 216. LOWER AND UPPER MISSOURI RIVER COMPREHENSIVE
FLOOD PROTECTION.

(a) ADDITIONAL STUDIES FOR LOWER MISSOURI RIVER BASIN.—
(1) IN GENERAL.—Except as provided in paragraph (2), upon
the request of the non-Federal interest for the Lower Missouri

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Recommendations.

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State listing.

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Basin study, the Secretary shall expand the scope of such
study to investigate and provide recommendations relating to—
(A) modifications to projects in Iowa, Kansas,
Nebraska, and Missouri authorized under the Pick-Sloan
Missouri River Basin Program (authorized by section 9(b)
of the Act of December 22, 1944 (chapter 665, 58 Stat.
891)) and the Missouri River Bank Stabilization and
Navigation project (authorized by section 2 of the Act of
March 2, 1945 (chapter 19, 59 Stat. 19)), including modifications to the authorized purposes of such projects to further
flood risk management and resiliency; and
(B) modifications to non-Federal, publicly owned levees
in the Lower Missouri River Basin.
(2) EXCEPTION.—If the Secretary determines that
expanding the scope of the Lower Missouri Basin study as
provided in paragraph (1) is not practicable, and the nonFederal interest for such study concurs in such determination,
the Secretary shall carry out such additional studies as are
necessary to investigate the modifications described in paragraph (1).
(3) CONTINUATION OF LOWER MISSOURI BASIN STUDY.—The
following studies shall be considered a continuation of the
Lower Missouri Basin study:
(A) Any additional study carried out under paragraph
(2).
(B) Any study recommended to be carried out in a
report that the Chief of Engineers prepares for the Lower
Missouri Basin study.
(C) Any study recommended to be carried out in a
report that the Chief of Engineers prepares for an additional study carried out under paragraph (2).
(D) Any study spun off from the Lower Missouri Basin
study before the completion of such study.
(E) Any study spun off from an additional study carried
out under paragraph (2) before the completion of such
additional study.
(4) RELIANCE ON EXISTING INFORMATION.—In carrying out
any study described in or authorized by this subsection, the
Secretary, to the extent practicable, shall rely on existing data
and analysis, including data and analysis prepared under section 22 of the Water Resources Development Act of 1974 (42
U.S.C. 1962d–16).
(5) CONSIDERATION; CONSULTATION.—In developing recommendations under paragraph (1), the Secretary shall—
(A) consider the use of—
(i) structural and nonstructural measures,
including the setting back of levees and removing structures from areas of recurring flood vulnerability, where
advantageous, to reduce flood risk and damages in
the Lower Missouri River Basin; and
(ii) where such features are locally acceptable, natural features or nature-based features (as such terms
are defined in section 1184 of the Water Resources
Development Act of 2016 (33 U.S.C. 2289a); and
(B) consult with applicable Federal and State agencies,
Indian Tribes, and other stakeholders within the Lower

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134 STAT. 2689

Missouri River Basin and solicit public comment on such
recommendations.
(6) EXEMPTION FROM MAXIMUM STUDY COST AND DURATION
LIMITATIONS.—Section 1001 of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2282c) shall not apply
to the Lower Missouri Basin study or any study described
in paragraph (3).
(7) PRECONSTRUCTION, ENGINEERING, AND DESIGN.—Upon
completion of a study authorized by this subsection, if the
Secretary determines that a recommended project, or modification to a project described in paragraph (1), is justified, the
Secretary may proceed directly to preconstruction planning,
engineering, and design of the project or modification.
(8) TECHNICAL ASSISTANCE.—
(A) IN GENERAL.—For the provision of technical assistance to support small communities and economically disadvantaged communities in the planning and design of
flood risk management and flood risk resiliency projects
in the Lower Missouri River Basin, for each of fiscal years
2021 through 2026, there are authorized to be appropriated—
(i) $2,000,000 to carry out section 206 of the Flood
Control Act of 1960 (33 U.S.C. 709a), in addition to
amounts otherwise authorized to carry out such section; and
(ii) $2,000,000 to carry out section 22(a)(2) of the
Water Resources Development Act of 1974 (42 U.S.C.
1962d–16), in addition to amounts otherwise authorized to carry out such section.
(B) CONDITIONS.—
(i) LIMITATIONS NOT APPLICABLE.—The limitations
on the use of funds in section 206(d) of the Flood
Control Act of 1960 and section 22(c)(2) of the Water
Resources Development Act of 1974 shall not apply
to the amounts authorized to be appropriated by
subparagraph (A).
(ii) RULE OF CONSTRUCTION.—Nothing in this paragraph restricts the authority of the Secretary to use
any funds otherwise appropriated to carry out section
206 of the Flood Control Act of 1960 or section 22(a)(2)
of the Water Resources Development Act of 1974 to
provide technical assistance described in subparagraph
(A).
(9) COMPLETION OF STUDY; REPORT TO CONGRESS.—Not later
than 3 years after the date of enactment of this Act, the
Secretary shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate
a report detailing—
(A) the results of the study authorized by this subsection;
(B) any additional, site-specific areas within the Lower
Missouri River Basin for which additional study for flood
risk management projects is recommended by the Secretary; and

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Determination.

Recommendations.

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(C) any interim actions relating to existing water
resources development projects in the Lower Missouri River
Basin undertaken by the Secretary during the study period.
(10) DEFINITIONS.—In this subsection:
(A) LOWER MISSOURI BASIN STUDY.—The term ‘‘Lower
Missouri Basin study’’ means the Lower Missouri Basin
Flood Risk and Resiliency Study, Iowa, Kansas, Nebraska,
and Missouri, authorized pursuant to section 216 of the
Flood Control Act of 1970 (33 U.S.C. 549a).
(B) SMALL COMMUNITY.—The term ‘‘small community’’
means a local government that serves a population of less
than 15,000.
(b) UPPER MISSOURI RIVER BASIN COMPREHENSIVE STUDY.—
(1) IN GENERAL.—The Secretary, in collaboration with the
heads of other relevant Federal agencies, shall conduct a comprehensive study to address flood risk in areas affected by
severe flooding in 2019 along the Upper Missouri River,
including an examination of—
(A) the use of structural and nonstructural flood control
and floodplain management strategies, including the
consideration of natural features or nature-based features
(as such terms are defined in section 1184 of the Water
Resources Development Act of 2016 (33 U.S.C. 2289a);
(B) continued operation and maintenance of the navigation project;
(C) management of bank caving and erosion;
(D) maintenance of water supply;
(E) fish and wildlife habitat management;
(F) recreation needs;
(G) environmental restoration needs;
(H) the division of responsibilities of the Federal
Government and non-Federal interests with respect to Missouri River flooding;
(I) the roles and responsibilities of Federal agencies
with respect to Missouri River flooding; and
(J) any other related matters, as determined by the
Secretary.
(2) RECOMMENDATIONS.—In conducting the study under
this subsection, the Secretary may develop recommendations
to Congress for—
(A) the construction of a water resources development
project;
(B) the structural or operational modification of an
existing water resources development project;
(C) such additional monitoring of, or adaptive management measures to carry out with respect to, existing water
resources development projects, to respond to changing
conditions;
(D) geographic areas within the Upper Missouri River
basin for additional study by the Secretary;
(E) management plans and actions to be carried out
by the responsible Federal agencies to reduce flood risk
and improve resiliency;
(F) any necessary changes to the general comprehensive plan for flood control and other purposes in the Missouri River Basin under section 4 of the Act of June 28,
1938 (chapter 795, 52 Stat. 1218; 58 Stat. 891); and

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134 STAT. 2691

(G) follow-up studies for problem areas for which data
or current technology does not allow immediate solutions.
(3) COMPLETION OF STUDY; REPORT TO CONGRESS.—Not later
than 3 years after the date of enactment of this subsection,
the Secretary shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate
a report that—
(A) contains the results of the comprehensive study
required by this subsection, including any recommendations developed under paragraph (2);
(B) addresses—
(i) the potential for the transfer of flood risk
between and within the Upper and Lower Missouri
River basins with respect to any changes recommended
pursuant to paragraph (2)(F);
(ii) adverse impacts to navigation and other
authorized purposes of the applicable Missouri River
project with respect to any changes recommended
under paragraph (2)(F); and
(iii) whether there are opportunities for increased
non-Federal management in the Upper Missouri River
Basin;
(C) recognizes—
(i) the interest and rights of States in—
(I) determining the development of watersheds
within the borders of the State; and
(II) water utilization and control; and
(ii) the primary responsibilities of States and local
interests in developing water supplies for domestic,
municipal, industrial, and other purposes; and
(D) describes any interim actions relating to existing
water resources development projects in the Upper Missouri River Basin undertaken by the Secretary during the
study period.
(4) CONSULTATION.—In carrying out this subsection, the
Secretary shall consult with applicable Federal and State agencies, Indian Tribes, and other stakeholders within the Upper
Missouri River Basin and solicit public comment.
(5) RELIANCE ON EXISTING INFORMATION.—In carrying out
any study described in or authorized by this subsection, the
Secretary, to the extent practicable, shall rely on existing data
and analysis, including data and analysis prepared under section 22 of the Water Resources Development Act of 1974 (42
U.S.C. 1962d–16).
(6) EXEMPTION FROM MAXIMUM STUDY COST AND DURATION
LIMITATIONS.—Section 1001 of the Water Resources Reform and
Development Act of 2014 (33 U.S.C. 2282c) shall not apply
to the comprehensive study carried out under this section or
any feasibility study described in paragraph (7).
(7) ADDITIONAL CONSIDERATIONS.—Any feasibility study
carried out pursuant to a recommendation included in the
report submitted under this subsection shall be considered to
be a continuation of the comprehensive study required under
paragraph (1).
(8) DEFINITION.—In this subsection, the term ‘‘Missouri
River project’’ means a project constructed as part of—

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Strategy.

PUBLIC LAW 116–260—DEC. 27, 2020

(A) the Pick-Sloan Missouri River Basin Program
(authorized by section 9(b) of the Act of December 22,
1944 (chapter 665, 58 Stat. 891)), located in the States
of Wyoming, Montana, North Dakota, or South Dakota;
(B) the Missouri River Bank Stabilization and Navigation project (authorized by section 2 of the Act of March
2, 1945 (chapter 19, 59 Stat. 19)); or
(C) a non-Federal, publicly owned levee system located
within the Upper Missouri River Basin.
(c) COORDINATION.—Upon completion of the studies under subsections (a) and (b), the Secretary shall develop a strategy that,
to the maximum extent practicable, coordinates and aligns the
results of such studies.
SEC. 217. PORTSMOUTH HARBOR AND PISCATAQUA RIVER AND RYE
HARBOR, NEW HAMPSHIRE.

Deadline.

(a) REQUIREMENT TO EXPEDITE.—The Secretary shall expedite
authorized activities to address the impacts of shoaling affecting
the project for navigation, Rye Harbor, New Hampshire, authorized
by section 101 of the River and Harbor Act of 1960 (74 Stat.
480).
(b) STATUS UPDATE.—Not later than 180 days after the date
of enactment of this Act, the Secretary shall submit to Congress
a written status update regarding—
(1) the activities required to be expedited under subsection
(a); and
(2) the project for navigation, Portsmouth Harbor and
Piscataqua River, authorized by section 101 of the River and
Harbor Act of 1962 (76 Stat. 1173), as required to be expedited
under section 1317 of the Water Resources Development Act
of 2018 (132 Stat. 3823).
SEC. 218. COUGAR AND DETROIT DAMS, WILLAMETTE RIVER BASIN,
OREGON.

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Public
information.

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(a) REPORT.—Not later than 2 years after the date of enactment
of this Act, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives
and the Committee on Environment and Public Works of the Senate,
and make publicly available, a report providing an initial analysis
of deauthorizing hydropower as a project purpose at the Cougar
and Detroit Dams project.
(b) CONTENTS.—The Secretary shall include in the report submitted under subsection (a)—
(1) a description of the potential effects of deauthorizing
hydropower as a project purpose at the Cougar and Detroit
Dams project on—
(A) the operation of the project, including with respect
to the other authorized purposes of the project;
(B) compliance of the project with the Endangered
Species Act;
(C) costs that would be attributed to other authorized
purposes of the project, including costs relating to compliance with such Act; and
(D) other ongoing studies in the Willamette River
Basin; and
(2) identification of any further research needed.
(c) PROJECT DEFINED.—In this section, the terms ‘‘Cougar and
Detroit Dams project’’ and ‘‘project’’ mean the Cougar Dam and

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134 STAT. 2693

Reservoir project and Detroit Dam and Reservoir project, Willamette
River Basin, Oregon, authorized by section 204 of the Flood Control
Act of 1950 (64 Stat. 179), and facilities that operate in conjunction
with the main Detroit Dam facility, including the Big Cliff reregulating dam.
SEC. 219. PORT ORFORD, OREGON.

Not later than 180 days after the date of enactment of this
Act, the Secretary shall, at Federal expense, submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works
of the Senate a summary report on the research completed and
data gathered by the date of enactment of this Act with regards
to the configuration of a breakwater for the project for navigation,
Port Orford, Oregon, authorized by section 117 of the River and
Harbor Act of 1970 (84 Stat. 1822; 106 Stat. 4809), for the purposes
of addressing shoaling issues to minimize long-term maintenance
costs.
SEC. 220. WILSON CREEK AND SLOAN CREEK, FAIRVIEW, TEXAS.

Not later than 180 days after the date of enactment of this
section, the Secretary shall submit to Congress a written status
update regarding efforts to address flooding along Wilson Creek
and Sloan Creek in the City of Fairview, Texas.

Deadline.
Update.

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SEC. 221. STUDY ON WATER SUPPLY AND WATER CONSERVATION AT
WATER RESOURCES DEVELOPMENT PROJECTS.

(a) IN GENERAL.—Not later than 18 months after the date
of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of the
Representatives and the Committee on Environment and Public
Works of the Senate a report that analyzes the benefits and consequences of including water supply and water conservation as
a primary mission of the Corps of Engineers in carrying out water
resources development projects.
(b) INCLUSION.—The Secretary shall include in the report submitted under subsection (a)—
(1) a description of existing water resources development
projects with water supply or water conservation as authorized
purposes, and the extent to which such projects are utilized
for such purposes;
(2) a description of existing water resources development
projects with respect to which—
(A) water supply or water conservation could be added
as a project purpose, including those with respect to which
a non-Federal interest has expressed an interest in adding
water supply or water conservation as a project purpose;
and
(B) such a purpose could be accommodated while
maintaining existing authorized purposes;
(3) a description of ongoing water resources development
project studies the authorizations for which include authorization for the Secretary to study the feasibility of carrying out
the project with a purpose of water supply or water conservation;
(4) an analysis of how adding water supply and water
conservation as a primary mission of the Corps of Engineers

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Analysis.

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134 STAT. 2694

would affect the ability of the Secretary to carry out future
water resources development projects; and
(5) any recommendations of the Secretary relating to
including water supply and water conservation as a primary
mission of the Corps of Engineers.

Recommendations.

33 USC 2282d–1.

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Contracts.
Notification.
Time period.

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PUBLIC LAW 116–260—DEC. 27, 2020

SEC. 222. REPORT TO CONGRESS ON AUTHORIZED STUDIES AND
PROJECTS.

(a) IN GENERAL.—Not later than February 1 of each year,
the Secretary shall develop and submit to Congress an annual
report, to be entitled ‘‘Report to Congress on Authorized Water
Resources Development Projects and Studies’’, that identifies—
(1) ongoing or new feasibility studies, authorized within
the previous 20 years, for which a Report of the Chief of
Engineers has not been issued;
(2) authorized feasibility studies for projects in the
preconstruction, engineering and design phase;
(3) ongoing or new water resources development projects
authorized for construction within the previous 20 years; and
(4) authorized and constructed water resources development projects the Secretary has the responsibility to operate
or maintain.
(b) CONTENTS.—
(1) INCLUSIONS.—
(A) CRITERIA.—The Secretary shall include in each
report submitted under this section only a feasibility study
or water resources development project—
(i) that has been authorized by Congress to be
carried out by the Secretary and does not require any
additional congressional authorization to be carried
out;
(ii) that the Secretary has the capability to carry
out if funds are appropriated for such study or project
under any of the ‘‘Investigations’’, ‘‘Construction’’,
‘‘Operation and Maintenance’’, or ‘‘Mississippi River
and Tributaries’’ appropriations accounts for the Corps
of Engineers; and
(iii) for which a non-Federal interest—
(I) in the case of a study or a project other
than a project for which funds may be appropriated
for operation and maintenance, has entered into
a feasibility cost-sharing agreement, design agreement, or project partnership agreement with the
Corps of Engineers, or has informed the Secretary
that the non-Federal interest has the financial
capability to enter into such an agreement within
1 year; and
(II) demonstrates the legal and financial capability to satisfy the requirements for local cooperation with respect to the study or project.
(B) DESCRIPTION OF BENEFITS.—
(i) DESCRIPTION.—The Secretary shall, to the maximum extent practicable, describe in each report submitted under this section the benefits, as described
in clause (ii), of each feasibility study and water
resources development project included in the report.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2695

(ii) BENEFITS.—The benefits referred to in clause
(i) are benefits to—
(I) the protection of human life and property;
(II) improvement to transportation;
(III) the national, regional, or local economy;
(IV) the environment; or
(V) the national security interests of the
United States.
(2) TRANSPARENCY.—The Secretary shall include in each
report submitted under this section, for each feasibility study
and water resources development project included in the
report—
(A) the name of the associated non-Federal interest,
including the name of any non-Federal interest that has
contributed, or is expected to contribute, a non-Federal
share of the cost of the study or project;
(B) the purpose of the study or project;
(C) an estimate, to the extent practicable, of the Federal, non-Federal, and total costs of the study or project,
including, to the extent practicable, the fully funded capability of the Corps of Engineers for—
(i) the 3 fiscal years following the fiscal year in
which the report is submitted, in the case of a feasibility study; and
(ii) the 5 fiscal years following the fiscal year in
which the report is submitted, in the case of a water
resources development project; and
(D) an estimate, to the extent practicable, of the monetary and nonmonetary benefits of the study or project.
(3) CERTIFICATION.—The Secretary shall include in each
report submitted under this section a certification stating that
each feasibility study or water resources development project
included in the report meets the criteria described in paragraph
(1)(A).
(4) OMISSIONS.—
(A) LIMITATION.—The Secretary shall not omit from
a report submitted under this section a study or project
that otherwise meets the criteria for inclusion in the report
solely on the basis of a policy of the Secretary.
(B) APPENDIX.—If the Secretary omits from a report
submitted under this section a study or project that otherwise meets the criteria for inclusion in the report, the
Secretary shall include with the report an appendix that
lists the name of the study or project and reason for its
omission.
(c) SUBMISSION TO CONGRESS; PUBLICATION.—
(1) SUBMISSION TO CONGRESS.—The Secretary may submit
a report under this section in conjunction with the submission
of the annual report under section 7001 of the Water Resources
Reform and Development Act of 2014 (33 U.S.C. 2282d).
(2) PUBLICATION.—On submission of each report under this
section, the Secretary shall make the report publicly available,
including through publication on the internet.
(d) DEFINITIONS.—In this section:
(1) NON-FEDERAL INTEREST.—The term ‘‘non-Federal
interest’’ has the meaning given that term in section 221 of
the Flood Control Act of 1970 (42 U.S.C. 1962d–5b).

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Cost estimate.
Time periods.

Estimate.

Public
information.
Web posting.

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134 STAT. 2696

PUBLIC LAW 116–260—DEC. 27, 2020
(2) WATER RESOURCES DEVELOPMENT PROJECT.—The term
‘‘water resources development project’’ includes a separable element of a project, a project under an environmental infrastructure assistance program, and a project the authorized purposes
of which include water supply.

SEC. 223. COMPLETION OF REPORTS AND MATERIALS.

(a) IN GENERAL.—Using available appropriations, not later than
180 days after the date of enactment of this section, the Secretary
shall complete and submit to Congress the following materials:
(1) The report required by section 1211 of the Water
Resources Development Act of 2018 (132 Stat. 3808).
(2) Implementation guidance for the amendments made
by section 1176 of the Water Resources Development Act of
2016 (130 Stat. 1673).
(3) Implementation guidance for the amendments made
by section 3029(a) of the Water Resources Reform and Development Act of 2014 (128 Stat. 1305).
(4) Any other report or other material required to be submitted to Congress by any of the following Acts (including
by amendments made by such Acts) that has not been so
submitted by the date of enactment of this section:
(A) The Water Resources Reform and Development
Act of 2014 (Public Law 113–121).
(B) The Water Resources Development Act of 2016
(Public Law 114–322).
(C) The Water Resources Development Act of 2018
(Public Law 115–270).
(b) USE OF EXISTING DATA.—To the extent practicable and
appropriate, the Secretary shall use existing data in completing
any materials described in subsection (a).
(c) FAILURE TO SUBMIT.—If the Secretary fails to submit materials as required by this section, the Secretary shall immediately
inform the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives, in writing, of the specific reasons
for such failure and a timeline for submission of the delinquent
materials.
(d) IMPLEMENTATION GUIDANCE.—The Secretary shall expeditiously issue any guidance necessary to implement any provision
of this Act, including any amendments made by this Act, in accordance with section 1105 of the Water Resources Development Act
of 2018 (33 U.S.C. 2202).

Notification.
Timeline.

33 USC 2202
note.

SEC. 224. EMERGENCY FLOODING PROTECTION FOR LAKES.
Recommendations.

The Secretary shall submit to Congress a report on the extent
to which section 5 of the Act of August 18, 1941 (33 U.S.C. 701n),
applies to lakes, including lakes with the flow of a slow-moving
river, including, if applicable, recommendations for legislative
changes to ensure that such lakes are eligible for the program
carried out pursuant to such section.

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SEC. 225. REPORT ON DEBRIS REMOVAL.

Section 1210 of the Water Resources Development Act of 2018
(132 Stat. 3808) is amended to read as follows:

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2697

‘‘SEC. 1210. REPORT ON DEBRIS REMOVAL.

‘‘(a) IN GENERAL.—Not later than 180 days after the date of
enactment of the Water Resources Development Act of 2020, the
Secretary shall submit to Congress and make publicly available
a report that describes—
‘‘(1) the extent to which, during the 10 fiscal years prior
to such date of enactment, the Secretary has carried out section
3 of the Act of March 2, 1945 (33 U.S.C. 603a);
‘‘(2) how the Secretary has evaluated potential work to
be carried out under that section; and
‘‘(3) the extent to which the Secretary plans to start, continue, or complete debris removal activities in the 3 years
following submission of the report.
‘‘(b) FOCUS AREAS.—The Secretary shall include in the report
submitted under subsection (a)—
‘‘(1) identification of the debris removal activities to be
started, continued, or completed during the first fiscal year
following the date of enactment of this subsection within the
boundaries of the North Atlantic Division of the Corps of Engineers;
‘‘(2) the estimated total costs and completion dates for
such activities; and
‘‘(3) identification of the non-Federal interest associated
with such activities.’’.

Public
information.
Time periods.

Cost estimate.

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SEC. 226. REPORT ON ANTECEDENT HYDROLOGIC CONDITIONS.

(a) REPORT.—
(1) IN GENERAL.—Not later than 18 months after the date
of enactment of this Act, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate
and the Committee on Transportation and Infrastructure of
the House of Representatives a report on the use by the Corps
of Engineers since 2010 of data relating to antecedent hydrologic conditions in the Missouri River Basin (including soil
moisture conditions, frost depths, snowpack, and streamflow
conditions) in—
(A) conducting Missouri River mainstem reservoir operations under the Missouri River Master Manual;
(B) developing related annual operating plans; and
(C) performing seasonal, monthly, and daily operations.
(2) INCLUSIONS.—The report submitted under paragraph
(1) shall include—
(A) a review of—
(i) the approach of the Corps of Engineers to forecasting basin runoff in developing annual operating
plans of the Corps of Engineers;
(ii) the assessment of existing and alternative algorithms that could improve basin runoff forecasting;
(iii) the approach of the Corps of Engineers for
reservoir releases in the winter, spring, summer, and
fall, based on basin runoff forecasts;
(iv) the technical report of the Corps of Engineers
entitled ‘‘Long-Term Runoff Forecasting’’, dated February, 2017;
(v) the use by the Corps of Engineers of data
from Federal and State entities in basin runoff forecasts; and

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Assessment.

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Recommendations.

Contracts.

PUBLIC LAW 116–260—DEC. 27, 2020

(vi) the use by the Corps of Engineers of advanced
data collection, including through the use of unmanned
aerial systems, forecasting, and modeling;
(B) findings and recommendations on how to best incorporate antecedent basin conditions in annual operating
plans and Missouri River mainstem reservoir operations;
and
(C) the results of the peer review conducted under
subsection (b).
(b) PEER REVIEW.—The Secretary shall seek to enter into an
agreement with the National Academy of Sciences or a similar
independent scientific and technical advisory organization to establish a panel of experts to conduct a peer review of the report
to be submitted under subsection (a).
(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Secretary—
(1) $5,000,000 to carry out subsection (a); and
(2) $5,000,000 to carry out subsection (b).

33 USC 2270.

SEC. 227. SUBSURFACE DRAIN SYSTEMS RESEARCH AND DEVELOPMENT.

Consultation.

Subject to the availability of appropriations, the Secretary,
acting through the Director of the Engineer Research and Development Center and, where appropriate, in consultation with other
Federal agencies, shall carry out research and development activities relating to the use of subsurface drain systems as—
(1) a flood risk-reduction measure; or
(2) a coastal storm risk-reduction measure.
SEC. 228. REPORT ON CORROSION PREVENTION ACTIVITIES.

Public
information.

Not later than 180 days after the date of enactment of this
Act, the Secretary shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate, and make
publicly available, a report that describes—
(1) the extent to which the Secretary has carried out section
1033 of the Water Resources Reform and Development Act
of 2014 (33 U.S.C. 2350);
(2) the extent to which the Secretary has incorporated
corrosion prevention activities (as defined in such section) at
water resources development projects constructed or maintained by the Secretary since the date of enactment of such
section; and
(3) in instances where the Secretary has not incorporated
corrosion prevention activities at such water resources development projects since such date, an explanation as to why such
corrosion prevention activities have not been incorporated.

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SEC. 229. ANNUAL REPORTING ON DISSEMINATION OF INFORMATION.

Section 1104(b) of the Water Resources Development Act of
2018 (33 U.S.C. 2282d note) is amended—
(1) by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively, and indenting appropriately;
(2) in the matter preceding subparagraph (A) (as so redesignated), by striking ‘‘The Secretary’’ and inserting the following:
‘‘(1) IN GENERAL.—The Secretary’’; and
(3) by adding at the end the following:

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134 STAT. 2699

‘‘(2) ANNUAL REPORTING.—Not less frequently than
annually, the Secretary shall provide to the Committee on
Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of
Representatives a written update on the progress of the
implementation of paragraph (1), including a description of
each education and outreach action the Secretary is taking
to implement that paragraph.
‘‘(3) GUIDANCE; COMPLIANCE.—The Secretary shall—
‘‘(A) issue guidance on the uniform implementation
by each district of the Corps of Engineers of the process
for submitting proposals under section 7001 of the Water
Resources Reform and Development Act of 2014 (33 U.S.C.
2282d); and
‘‘(B) each year, ensure compliance with the guidance
issued under subparagraph (A).’’.

Updates.

SEC. 230. REPORT ON BENEFITS CALCULATION FOR FLOOD CONTROL
STRUCTURES.

Not later than 180 days after the date of enactment of this
Act, the Secretary shall submit to the Committee on Environment
and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report
on the extent to which flood insurance premium reductions that
result from implementation of a flood risk management project,
including structural elements, nonstructural elements, or natural
features or nature-based features, are included in the calculation
of the benefits of the project by the Corps of Engineers.

TITLE III—DEAUTHORIZATIONS AND
MODIFICATIONS

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SEC. 301. DEAUTHORIZATION OF INACTIVE PROJECTS.

33 USC 579d–2.

(a) PURPOSES.—The purposes of this section are—
(1) to identify water resources development projects authorized by Congress that are no longer viable for construction
due to—
(A) a lack of local support;
(B) a lack of available Federal or non-Federal
resources; or
(C) an authorizing purpose that is no longer relevant
or feasible;
(2) to create an expedited and definitive process for Congress to deauthorize water resources development projects that
are no longer viable for construction; and
(3) to allow the continued authorization of water resources
development projects that are viable for construction.
(b) PROPOSED DEAUTHORIZATION LIST.—
(1) PRELIMINARY LIST OF PROJECTS.—
(A) IN GENERAL.—The Secretary shall develop a
preliminary list of each water resources development
project, or separable element of a project, authorized for
construction before November 8, 2007, for which—
(i) planning, design, or construction was not initiated before the date of enactment of this Act; or

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(ii) planning, design, or construction was initiated
before the date of enactment of this Act, but for which
no funds, Federal or non-Federal, were obligated for
planning, design, or construction of the project or separable element of the project during the current fiscal
year or any of the 10 preceding fiscal years.
(B) USE OF COMPREHENSIVE CONSTRUCTION BACKLOG
AND OPERATION AND MAINTENANCE REPORT.—The Secretary
may develop the preliminary list from the comprehensive
construction backlog and operation and maintenance
reports developed pursuant to section 1001(b)(2) of the
Water Resources Development Act of 1986 (33 U.S.C. 579a).
(C) EXCLUSIONS.—The Secretary shall not include on
the preliminary list—
(i) an environmental infrastructure assistance
project authorized to be carried out by the Secretary
(including a project authorized pursuant to an environmental assistance program); or
(ii) a project or separable element of a project
authorized as part of the Comprehensive Everglades
Restoration Plan described in section 601 of the Water
Resources Development Act of 2000 (114 Stat. 2680).
(2) PREPARATION OF PROPOSED DEAUTHORIZATION LIST.—
(A) DEAUTHORIZATION AMOUNT.—The Secretary shall
prepare a proposed list of projects for deauthorization comprised of a subset of projects and separable elements identified on the preliminary list developed under paragraph
(1) that have, in the aggregate, an estimated Federal cost
to complete that is at least $10,000,000,000.
(B) DETERMINATION OF FEDERAL COST TO COMPLETE.—
For purposes of subparagraph (A), the Federal cost to complete shall take into account any allowances authorized
by section 902 of the Water Resources Development Act
of 1986 (33 U.S.C. 2280), as applied to the most recent
project schedule and cost estimate.
(C) INCLUSION OF DEAUTHORIZATION OF ANTIQUATED
PROJECTS.—The Secretary shall reduce the amount identified for deauthorization under paragraph (2)(A) by an
amount equivalent to the estimated current value of each
project, or separable element of a project, that is deauthorized by subsection (f).
(3) SEQUENCING OF PROJECTS.—
(A) IN GENERAL.—The Secretary shall identify projects
and separable elements for inclusion on the proposed list
of projects for deauthorization under paragraph (2)
according to the order in which the projects and separable
elements were authorized, beginning with the earliest
authorized projects and separable elements and ending
with the latest project or separable element necessary to
meet the aggregate amount under paragraph (2)(A).
(B) FACTORS TO CONSIDER.—The Secretary may identify
projects and separable elements in an order other than
that established by subparagraph (A) if the Secretary determines, on a case-by-case basis, that a project or separable
element is critical for interests of the United States, based
on the possible impact of the project or separable element

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on public health and safety, the national economy, or the
environment.
(4) PUBLIC COMMENT AND CONSULTATION.—
(A) IN GENERAL.—The Secretary shall solicit comments
from the public and the Governors of each applicable State
on the proposed deauthorization list prepared under paragraph (2)(A).
(B) COMMENT PERIOD.—The public comment period
shall be 90 days.
(5) PREPARATION OF FINAL DEAUTHORIZATION LIST.—
(A) IN GENERAL.—The Secretary shall prepare a final
deauthorization list by—
(i) considering any comments received under paragraph (4); and
(ii) revising the proposed deauthorization list prepared under paragraph (2)(A) as the Secretary determines necessary to respond to such comments.
(B) APPENDIX.—The Secretary shall include as part
of the final deauthorization list an appendix that—
(i) identifies each project or separable element on
the proposed deauthorization list that is not included
on the final deauthorization list; and
(ii) describes the reasons why the project or separable element is not included on the final deauthorization list.
(c) SUBMISSION OF FINAL DEAUTHORIZATION LIST TO CONGRESS
FOR CONGRESSIONAL REVIEW; PUBLICATION.—
(1) IN GENERAL.—Not later than 90 days after the date
of the close of the comment period under subsection (b)(4),
the Secretary shall—
(A) submit the final deauthorization list and appendix
prepared under subsection (b)(5) to the Committee on
Transportation and Infrastructure of the House of Representatives and the Committee on Environment and
Public Works of the Senate; and
(B) publish the final deauthorization list and appendix
in the Federal Register.
(2) EXCLUSIONS.—The Secretary shall not include in the
final deauthorization list submitted under paragraph (1) any
project or separable element with respect to which Federal
funds for planning, design, or construction are obligated after
the development of the preliminary list under subsection
(b)(1)(A) but prior to the submission of the final deauthorization
list under paragraph (1)(A) of this subsection.
(d) DEAUTHORIZATION; CONGRESSIONAL REVIEW.—
(1) IN GENERAL.—After the expiration of the 2-year period
beginning on the date of publication of the final deauthorization
list and appendix under subsection (c)(1)(B), a project or separable element of a project identified in the final deauthorization
list is hereby deauthorized, unless Congress passes a joint
resolution disapproving the final deauthorization list prior to
the end of such period.
(2) NON-FEDERAL CONTRIBUTIONS.—
(A) IN GENERAL.—A project or separable element of
a project identified in the final deauthorization list under
subsection (c) shall not be deauthorized under this subsection if, before the expiration of the 2-year period referred

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Determination.

Deadline.

Federal Register,
publication.

Time period.

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Time period.

Time period.

Reports.

Estimate.
Time period.

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Reports.
Updates.
Analysis.

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to in paragraph (1), the non-Federal interest for the project
or separable element of the project provides sufficient funds
to complete the project or separable element of the project.
(B) TREATMENT OF PROJECTS.—Notwithstanding
subparagraph (A), each project and separable element of
a project identified in the final deauthorization list shall
be treated as deauthorized for purposes of the aggregate
deauthorization amount specified in subsection (b)(2)(A).
(3) PROJECTS IDENTIFIED IN APPENDIX.—A project or separable element of a project identified in the appendix to the
final deauthorization list shall remain subject to future
deauthorization by Congress.
(e) SPECIAL RULES.—
(1) POST-AUTHORIZATION STUDIES.—A project or separable
element of a project may not be identified on the proposed
deauthorization list developed under subsection (b), or the final
deauthorization list developed under subsection (c), if the
project or separable element received funding for a postauthorization study during the current fiscal year or any of
the 10 preceding fiscal years.
(2) TREATMENT OF PROJECT MODIFICATIONS.—For purposes
of this section, if an authorized water resources development
project or separable element of the project has been modified
by an Act of Congress, the date of the authorization of the
project or separable element shall be deemed to be the date
of the most recent such modification.
(f) DEAUTHORIZATION OF ANTIQUATED PROJECTS.—
(1) IN GENERAL.—Any water resources development project,
or separable element of a project, authorized for construction
prior to November 17, 1986, for which construction has not
been initiated prior to the date of enactment of this Act, or
for which funds have not been obligated for construction in
the 10-year period prior to the date of enactment of this Act,
is hereby deauthorized.
(2) IDENTIFICATION.—Not later than 60 days after the date
of enactment of this Act, the Secretary shall issue to the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report that identifies—
(A) the name of each project, or separable element
of a project, deauthorized by paragraph (1); and
(B) the estimated current value of each such project
or separable element of a project.
(g) ECONOMIC AND ENVIRONMENTAL REVIEW OF INACTIVE WATER
RESOURCES DEVELOPMENT PROJECTS.—The Secretary or the nonFederal interest may not carry out any authorized water resources
development project, or separable element of such project, for which
construction has not been initiated in the 20-year period following
the date of the authorization of such project or separable element,
until—
(1) the Secretary provides to the Committee on Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate
a post-authorization change report that updates the economic
and environmental analysis of the project or separable element;
and

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(2) the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on Environment and Public Works of the Senate take appropriate action
to address any modifications to the economic and environmental
analysis for the project or separable element of the project
contained in the post-authorization change report.
(h) DEFINITIONS.—In this section:
(1) POST-AUTHORIZATION CHANGE REPORT.—The term ‘‘postauthorization change report’’ has the meaning given such term
in section 1132(d) of the Water Resources Development Act
of 2016 (33 U.S.C. 2282e).
(2) POST-AUTHORIZATION STUDY.—The term ‘‘post-authorization study’’ means—
(A) a feasibility report developed under section 905
of the Water Resources Development Act of 1986 (33 U.S.C.
2282);
(B) a feasibility study, as defined in section 105(d)
of the Water Resources Development Act of 1986 (33 U.S.C.
2215(d)); or
(C) a review conducted under section 216 of the Flood
Control Act of 1970 (33 U.S.C. 549a), including an initial
appraisal that—
(i) demonstrates a Federal interest; and
(ii) requires additional analysis for the project or
separable element.
SEC. 302. ABANDONED AND INACTIVE NONCOAL MINE RESTORATION.

Section 560(f) of the Water Resources Development Act of 1999
(33 U.S.C. 2336(f)) is amended by striking ‘‘ $20,000,000’’ and
inserting ‘‘ $30,000,000’’.
SEC. 303. TRIBAL PARTNERSHIP PROGRAM.

Section 203(b)(4) of the Water Resources Development Act of
2000 (33 U.S.C. 2269) is amended by striking ‘‘ $12,500,000’’ each
place it appears and inserting ‘‘ $18,500,000’’.
SEC. 304. LAKES PROGRAM.

Section 602(a) of the Water Resources Development Act of
1986 (Public Law 99–662, 100 Stat. 4148; 110 Stat. 3758; 113
Stat. 295; 121 Stat. 1076) is amended—
(1) in paragraph (27), by striking ‘‘and’’ at the end;
(2) in paragraph (28), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
‘‘(29) Ellis Pond and Guild Pond, Norwood, Massachusetts;
and
‘‘(30) Memorial Pond, Walpole, Massachusetts.’’.

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SEC. 305. REHABILITATION OF CORPS OF ENGINEERS CONSTRUCTED
DAMS.

Section 1177 of the Water Resources Development Act of 2016
(33 U.S.C. 467f–2 note) is amended—
(1) in subsection (e), by striking ‘‘ $40,000,000’’ and
inserting ‘‘ $60,000,000’’; and
(2) in subsection (f), by striking ‘‘ $40,000,000’’ and inserting
‘‘ $60,000,000’’.

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SEC. 306. CHESAPEAKE BAY ENVIRONMENTAL RESTORATION AND
PROTECTION PROGRAM.

(a) IN GENERAL.—Section 510 of the Water Resources Development Act of 1996 (Public Law 104–303, 110 Stat. 3759; 121 Stat.
1202; 128 Stat. 1317) is amended—
(1) by redesignating subsection (h) as subsection (i) and
inserting after subsection (g) the following:
‘‘(h) PROJECT CAP.—The total cost of a project carried out under
this section may not exceed $15,000,000.’’; and
(2) in subsection (i) (as so redesignated), by striking ‘‘
$40,000,000’’ and inserting ‘‘ $90,000,000’’.
(b) OUTREACH AND TRAINING.—The Secretary shall conduct
public outreach and workshops for non-Federal interests to provide
information on the Chesapeake Bay environmental restoration and
protection program established under section 510 of the Water
Resources Development Act of 1996, including how to participate
in the program.
SEC.

307.

UPPER MISSISSIPPI RIVER
MANAGEMENT PROGRAM.

SYSTEM

ENVIRONMENTAL

Section 1103(e) of the Water Resources Development Act of
1986 (33 U.S.C. 652(e)) is amended—
(1) in paragraph (3), by striking ‘‘ $22,750,000’’ and
inserting ‘‘ $40,000,000’’; and
(2) in paragraph (4), by striking ‘‘ $10,420,000’’ and
inserting ‘‘ $15,000,000’’.
SEC. 308. UPPER MISSISSIPPI RIVER PROTECTION.

Section 2010(e) of the Water Resources Reform and Development Act of 2014 (128 Stat. 1270; 132 Stat. 3812) is amended
by striking ‘‘the Act of October 15, 1940 (33 U.S.C. 701h–1)’’ and
inserting ‘‘section 5 of the Act of June 22, 1936 (33 U.S.C. 701h)’’.
SEC. 309. THEODORE SHIP CHANNEL, MOBILE, ALABAMA.

(a) IN GENERAL.—The project for navigation, Theodore Ship
Channel, Mobile Harbor, Alabama, authorized by section 201 of
the Flood Control Act of 1965 (42 U.S.C. 1962d–5), is revised
to incorporate into the project the 40-foot-deep, 1,320-foot-wide,
and approximately 1,468.5-foot-long access channel, extending north
from stations 257+25 and 273+25 from the Theodore Channel,
that was constructed for the former Naval Station Mobile, as a
substitute for the authorized but unconstructed 40-foot-deep, 300foot-wide, and 1,200-foot-long anchorage basin in the same location,
to serve the public terminal that replaced the former Naval Station
Mobile as obligated under the authorizations for the project.
(b) TREATMENT.—The Secretary shall—
(1) consider construction of the access channel described
in subsection (a) to be complete; and
(2) assume maintenance of the access channel described
in subsection (a) for so long as the terminal described in subsection (a) remains publicly owned.

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SEC. 310. MCCLELLAN-KERR ARKANSAS RIVER NAVIGATION SYSTEM.

Any Federal funds, regardless of the account from which the
funds were provided, used to carry out construction of the modification to the McClellan-Kerr Arkansas River Navigation System,
authorized in section 136 of the Energy and Water Development
Appropriations Act, 2004 (117 Stat. 1842), shall be considered by

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the Secretary as initiating construction of the project such that
future funds will not require a new investment decision.
SEC. 311. OUACHITA AND BLACK RIVERS, ARKANSAS AND LOUISIANA.

The project for navigation, Ouachita and Black Rivers,
Arkansas and Louisiana, authorized by section 101 of the River
and Harbor Act of 1960 (74 Stat. 481), is modified to include
water supply as an authorized purpose.
SEC. 312. LAKE ISABELLA, CALIFORNIA.

(a) SENSE OF CONGRESS.—It is the sense of Congress that
the Secretary, when evaluating alternative locations for construction
of a permanent Isabella Lake Visitor Center by the Corps of Engineers to replace the facility impacted by the Isabella Dam safety
modification project, should afford substantial weight to the site
preference of the local community.
(b) AUTHORITY.—The Secretary may acquire such interests in
real property as the Secretary determines necessary or advisable
to support construction of the Isabella Dam safety modification
project.
(c) TRANSFER.—The Secretary may transfer any real property
interests acquired under subsection (b) to any other Federal agency
or department without reimbursement.
(d) ISABELLA DAM SAFETY MODIFICATION PROJECT DEFINED.—
In this section, the term ‘‘Isabella Dam safety modification project’’
means the dam safety modification project at the Isabella Reservoir
in the San Joaquin Valley, California (authorized by Act of
December 22, 1944 (chapter 665, 58 Stat. 901)), including the component of the project relating to construction a visitor center facility.
SEC. 313. LOWER SAN JOAQUIN RIVER FLOOD CONTROL PROJECT.

The Secretary shall align the schedules of, and maximize complimentary efforts, minimize duplicative practices, and ensure
coordination and information sharing with respect to—
(1) the project for flood risk management, Lower San Joaquin River, authorized by section 1401(2) of the Water
Resources Development Act of 2018 (132 Stat. 3836); and
(2) the second phase of the feasibility study for the Lower
San Joaquin River project for flood risk management, authorized for expedited completion by section 1203(a)(7) of the Water
Resources Development Act 2018 (132 Stat. 3803).
SEC. 314. SACRAMENTO RIVER, GLENN-COLUSA, CALIFORNIA.

The portion of project for flood control, Sacramento River, California, authorized by section 2 of the Act of March 1, 1917 (chapter
144, 39 Stat. 949; 103 Stat. 649; 110 Stat. 3709; 112 Stat. 1841;
113 Stat. 299), consisting of a riverbed gradient restoration facility
at the Glenn-Colusa Irrigation District Intake, is no longer authorized beginning on the date of enactment of this Act.

Effective date.

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SEC. 315. SAN DIEGO RIVER AND MISSION BAY, SAN DIEGO COUNTY,
CALIFORNIA.

The portion of the project for flood control and navigation,
San Diego River and Mission Bay, San Diego County, California,
authorized by the Act of July 24, 1946 (chapter 595, 60 Stat.
636), identified in the National Levee Database established under
section 9004 of the Water Resources Development Act of 2007
(33 U.S.C. 3303) as the San Diego River 3 segment and consisting

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PUBLIC LAW 116–260—DEC. 27, 2020

of a 785-foot-long segment of the right bank levee from Station
209+41.75 to its end at Station 217+26.75, as described in construction plans dated August 30, 1951, is no longer authorized beginning
on the date of enactment of this Act.
SEC. 316. SAN FRANCISCO, CALIFORNIA, WATERFRONT AREA.

(a) IN GENERAL.—Section 114 of the River and Harbor Act
of 1968 (33 U.S.C. 59h) is amended to read as follows:
‘‘SEC. 114. SAN FRANCISCO, CALIFORNIA, WATERFRONT AREA.

‘‘(a) AREA TO BE DECLARED NONNAVIGABLE.—The following
area is declared to be nonnavigable waters of the United States:
All of that portion of the City and County of San Francisco, California, lying shoreward of a line beginning at the intersection
of the southerly right of way line of Earl Street prolongation with
the Pierhead United States Government Pierhead line, the Pierhead
line as defined in the State of California Harbor and Navigation
Code Section 1770, as amended in 1961; thence northerly along
said Pierhead line to its intersection with a line parallel with
and distant 10 feet easterly from, the existing easterly boundary
line of Pier 30–32; thence northerly along said parallel line and
its northerly prolongation, to a point of intersection with a line
parallel with, and distant 10 feet northerly from, the existing northerly boundary of Pier 30–32; thence westerly along last said parallel
line to its intersection with said Pierhead line; thence northerly
along said Pierhead line, to the intersection of the easterly right
of way line of Van Ness Avenue, formerly Marlette Street, prolongation to the Pierhead line.
‘‘(b) REQUIREMENT THAT AREA BE IMPROVED.—The declaration
of nonnavigability under subsection (a) applies only to those parts
of the area described in subsection (a) that are or will be bulkheaded, filled, or otherwise occupied or covered by permanent structures and does not affect the applicability of any Federal statute
or regulation that relates to filling of navigable waters or to other
regulated activities within the area described in subsection (a),
including sections 9 and 10 of the Act of March 3, 1899 (33 U.S.C.
401, 403), section 404 of the Federal Water Pollution Control Act,
and the National Environmental Policy Act of 1969.
‘‘(c) INCLUSION OF EMBARCADERO HISTORIC DISTRICT.—Congress
finds and declares that the area described in subsection (a) contains
the seawall, piers, and wharves that comprise the Embarcadero
Historic District listed on the National Register of Historic Places
on May 12, 2006.’’.
(b) CONFORMING AMENDMENT.—Section 5052 of the Water
Resources Development Act of 2007 (33 U.S.C. 59h–1) is repealed.

Applicability.

Repeal.

SEC. 317. WESTERN PACIFIC INTERCEPTOR CANAL, SACRAMENTO
RIVER, CALIFORNIA.

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The portion of the project for flood protection on the Sacramento
River, authorized by section 2 of the of March 1, 1917 (chapter
144, 39 Stat. 949; 45 Stat. 539; 50 Stat. 877; 55 Stat. 647; 80
Stat. 1422), consisting of the portion of the levee from G.P.S. coordinate N2147673.584 E6690904.187 to N2147908.413 E6689057.060
associated with the Western Pacific Interceptor Canal, is no longer
authorized beginning on the date of the enactment of this Act.

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SEC. 318. RIO GRANDE ENVIRONMENTAL MANAGEMENT PROGRAM,
COLORADO, NEW MEXICO, AND TEXAS.

Section 5056(f) of the Water Resources Development Act of
2007 (Public Law 110–114, 121 Stat. 1213; 128 Stat. 1314) is
amended by striking ‘‘2019’’ and inserting ‘‘2029’’.
SEC. 319. NEW LONDON HARBOR WATERFRONT CHANNEL, CONNECTICUT.

(a) IN GENERAL.—The portion of the project for navigation,
New London Harbor, Connecticut, authorized by the first section
of the Act of June 13, 1902 (chapter 1079, 32 Stat. 333), described
in subsection (b) is no longer authorized beginning on the date
of enactment of this Act.
(b) AREA DESCRIBED.—The area referred to in subsection (a)
is generally the portion between and around the 2 piers at the
State Pier in New London, specifically the area—
(1) beginning at a point N691263.78, E1181259.26;
(2) running N 35°01’50.75’’ W about 955.59 feet to a point
N692046.26, E1180710.74;
(3) running N 54°58’06.78’’ E about 100.00 feet to a point
N692103.66, E1180792.62;
(4) running S 35°01’50.75’’ E about 989.8 feet to a point
N691293.17, E1181360.78; and
(5) running S 73°51’15.45’’ W about 105.69 feet to the
point described in paragraph (1).

Effective date.

SEC. 320. WILMINGTON HARBOR, DELAWARE.

It is the sense of Congress that the Corps of Engineers should
maintain the annual maintenance dredging for Wilmington Harbor,
Delaware, authorized by the Act of June 3, 1896 (chapter 314,
29 Stat. 207).

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SEC. 321. WILMINGTON HARBOR SOUTH DISPOSAL AREA, DELAWARE.

(a) FINDING.—For the purposes of applying section 217(b) of
the Water Resources Development Act of 1996 (33 U.S.C. 2326a(b))
to the Wilmington Harbor South Disposal Area, Delaware, the
Secretary shall find that the standard has been met for the
Edgemoor expansion of the Port of Wilmington, Delaware.
(b) USE.—Any use of the Wilmington Harbor South Disposal
Area permitted by the Secretary under section 217(b) for the
Edgemoor Expansion of the Port of Wilmington shall not otherwise
reduce the availability of capacity, in dredged material disposal
facilities under the jurisdiction of the Secretary that were constructed before the date of enactment of this Act, for operation
and maintenance of—
(1) the Delaware River Mainstem and Channel Deepening
project, Delaware, New Jersey, and Pennsylvania, authorized
by section 101(6) of the Water Resources Development Act
of 1992 (106 Stat. 4802); or
(2) the Delaware River, Philadelphia to the Sea, project,
Delaware, New Jersey, Pennsylvania, authorized by the Act
of June 25, 1910 (chapter 382, 36 Stat. 637; 46 Stat. 921;
52 Stat. 803; 59 Stat. 14; 68 Stat. 1249; 72 Stat. 297).
(c) FEE.—The Secretary shall impose on the non-Federal
interest for the Edgemoor Expansion of the Port of Wilmington
a fee, under section 217(b)(1)(B) of the Water Resources Development Act of 1996 (33 U.S.C. 2326a(b)(1)(B)), to recover capital,
operation, and maintenance costs associated with any use by the

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non-Federal interest of capacity in the Wilmington Harbor South
Disposal Area permitted by the Secretary under section 217(b)
of the Water Resources Development Act of 1996 pursuant to subsection (a) of this section.
(d) AGREEMENT TO PAY.—In accordance with section 217(a)
of the Water Resources Development Act of 1996 (33 U.S.C.
2326a(a)), if, to accommodate the dredged materials from operation
and maintenance of the Edgemoor Expansion of the Port of Wilmington, the Secretary provides additional capacity at the Wilmington Harbor South Disposal Area, the non-Federal interest for
the Edgemoor Expansion of the Port of Wilmington shall agree
to pay, during the period of construction, all costs associated with
the construction of the additional capacity.
SEC. 322. WASHINGTON HARBOR, DISTRICT OF COLUMBIA.
Effective date.

Beginning on the date of enactment of this Act, the project
for navigation, Washington Harbor, District of Columbia, authorized
by the Act of August 30, 1935 (chapter 831, 49 Stat. 1031), is
modified to reduce, in part, the authorized dimensions of the project,
such that the remaining authorized dimensions are as follows:
(1) A 200-foot-wide, 12-foot-deep channel with a center
line beginning at a point East 1,317,064.30 and North
440,373.32, thence to a point East 1,316,474.30 and North
440,028.31, thence to a point East 1,315,584.30 and North
439,388.30, thence to a point East 1,315,259.31 and North
438,908.30.
(2) A 200- to 300-foot-wide, 12-foot-deep transition area,
with a center line beginning at a point East 1,315,259.31 and
North 438,908.30 to a point East 1,315,044.31 and North
438,748.30.
(3) A 300-foot-wide, 15-foot-deep channel with a centerline
beginning a point East 1,315,044.31 and North 438,748.30,
thence to a point East 1,314,105.31 and North 438,124.79,
thence to a point East 1,311,973.30 and North 438,807.78,
thence to a point East 1,311,369.73 and North 438,577.42,
thence to a point East 1,311,015.73 and North 438,197.57,
thence to a point East 1,309,713.47 and North 435,678.91.
(4) A 300- to 400-foot-wide, 15- to 24-foot-deep transition
area, with a center line beginning at a point East 1,309,713.47
and North 435,678.91 to a point East 1,307,709.33 and North
434,488.25.
(5) A 400-foot-wide, 24-foot-deep channel with a centerline
beginning at a point East 1,307,709.33 and North 434,488.25,
thence to a point East 1,307,459.33 and North 434,173.25,
thence to a point East 1,306,476.82 and North 432,351.28,
thence to a point East 1,306,209.79 and North 431,460.21,
thence to a point at the end of the channel near Hains Point
East 1,305,997.63 and North 429,978.31.
SEC. 323. BIG CYPRESS SEMINOLE INDIAN RESERVATION WATER CONSERVATION PLAN, FLORIDA.

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(a) IN GENERAL.—The project for ecosystem restoration, Big
Cypress Seminole Indian Reservation Water Conservation Plan,
Florida, authorized pursuant to section 528 of the Water Resources
Development Act of 1996 (110 Stat. 3767), is no longer authorized
beginning on the date of enactment of this Act.
(b) SAVINGS PROVISION.—Nothing in this section affects the
responsibility of the Secretary to pay any damages awarded by

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the Armed Services Board of Contract Appeals, or by a court of
competent jurisdiction, to a contractor relating to the adjudication
of claims arising from construction of the project described in subsection (a).
SEC. 324. CENTRAL EVERGLADES, FLORIDA.

The project for ecosystem restoration, Central Everglades,
authorized by section 1401(4) of the Water Resources Development
Act of 2016 (130 Stat. 1713), is modified to include the project
for ecosystem restoration, Central and Southern Florida, Everglades
Agricultural Area, authorized by section 1308 of the Water
Resources Development Act of 2018 (132 Stat. 3819), and to
authorize the Secretary to carry out the project, as so combined,
at a total combined cost of $4,362,091,000.
SEC. 325. MIAMI RIVER, FLORIDA.

The portion of the project for navigation, Miami River, Florida,
authorized by the Act of July 3, 1930 (46 Stat. 925; 59 Stat.
16; 74 Stat. 481; 100 Stat. 4257), beginning at the existing railroad
bascule bridge and extending approximately 1,000 linear feet
upstream to an existing salinity barrier and flood control structure,
is no longer authorized beginning on the date of enactment of
this Act.

Effective date.

SEC. 326. JULIAN KEEN, JR. LOCK AND DAM, MOORE HAVEN, FLORIDA.

(a) DESIGNATION.—The Moore Haven Lock and Dam, Moore
Haven, Florida, authorized pursuant to the Act of July 3, 1930
(chapter 847, 46 Stat. 925; 49 Stat. 1032), shall be known and
designated as the ‘‘Julian Keen, Jr. Lock and Dam’’.
(b) REFERENCES.—Any reference in a law, map, regulation,
document, paper, or other record of the United States to the Lock
and Dam referred to in subsection (a) shall be deemed to be a
reference to the ‘‘Julian Keen, Jr. Lock and Dam’’.
SEC. 327. TAYLOR CREEK RESERVOIR AND LEVEE L–73 (SECTION 1),
UPPER ST. JOHNS RIVER BASIN, FLORIDA.

The portions of the project for flood control and other purposes,
Central and Southern Florida, authorized by section 203 of the
Flood Control Act of 1948 (62 Stat. 1176), consisting of the Taylor
Creek Reservoir and Levee L–73, Section 1, within the Upper
St. Johns River Basin, Florida, are no longer authorized beginning
on the date of enactment of this Act.

Effective date.

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SEC. 328. EXTINGUISHMENT OF FLOWAGE EASEMENTS, ROUGH RIVER
LAKE, KENTUCKY.

(a) IN GENERAL.—Subject to the availability of appropriations
and on request of the landowner, the Secretary shall extinguish
any flowage easement or portion of a flowage easement held by
the United States on developed land of the landowner at Rough
River Lake, Kentucky—
(1) that is above 534 feet mean sea level; and
(2) for which the Secretary determines the flowage easement or portion of the flowage easement is not required to
address backwater effects.
(b) NO LIABILITY.—The United States shall not be liable for
any damages to property or injuries to persons from flooding that
may be attributable to the operation and maintenance of Rough

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River Dam, Kentucky, on land that was encumbered by a flowage
easement extinguished under subsection (a).
(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $10,000,000, to remain
available until expended.
SEC. 329. CALCASIEU RIVER AND PASS, LOUISIANA.

Not later than 120 days after the date of enactment of this
Act, the Secretary shall provide to the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report
on plans to modify the Calcasieu River and Pass Dredged Material
Management Plan and Supplemental Environmental Impact Statement (November 22, 2010 DMMP/SEIS) to allow for the expansion
of Dredged Material Placement Facilities (DMPFs) 17, 19, 22, D,
and E to the lakeside foreshore rock boundaries during planned
rehabilitation of these facilities.

Reports.

SEC. 330. CAMDEN HARBOR, MAINE.

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(a) IN GENERAL.—The portions of the project for navigation,
Camden Harbor, Maine, described in subsection (b) are no longer
authorized beginning on the date of enactment of this Act.
(b) PORTIONS DESCRIBED.—The portions referred to in subsection (a) are the following:
(1) The portion of the 10-foot-deep inner harbor area,
authorized by the first section of the Act of March 3, 1873
(chapter 233, 17 Stat. 565; 25 Stat. 400), approximately
50,621.75 square feet in area—
(A) starting at a point with coordinates N197,640.07,
E837,851.71;
(B) thence running S84°43’ 23.94’’W about 381.51 feet
to a point with coordinates N197,604.98, E837,471.82;
(C) thence running N43°47’ 51.43’’W about 270.26 feet
to a point with coordinates N197,800.05, E837,284.77;
(D) thence running S59°02’ 26.62’’E about 219.18 feet
to a point with coordinates N197,687.30, E837,472.72;
(E) thence running S81°50’ 09.76’’E about 144.70 feet
to a point with coordinates N197,666.75, E837,615.96;
(F) thence running N57°27’ 07.42’’E about 317.32 feet
to a point with coordinates N197,866.52, E837,928.96; and
(G) thence running S18°50’ 04.48’’W about 239.27 feet
to the point described in subparagraph (A).
(2) The portion of the 14-foot-deep outer harbor area,
authorized by the first section of the Act of August 11, 1888
(25 Stat. 400; 32 Stat. 331), approximately 222,015.94 square
feet in area—
(A) starting at a point with coordinates N197,640.07,
E837,851.71;
(B) thence running N18°50’ 04.48’’E about 239.27 feet
to a point with coordinates N197,866.53, E837,928.96;
(C) thence running N58°28’ 51.05’’E about 308.48 feet
to a point with coordinates N198,027.79, E838,191.93;
(D) thence running N84°20’ 01.88’’E about 370.06 feet
to a point with coordinates N198,064.33, E838,560.18;
(E) thence running S05°32’ 03.42’’E about 357.31 feet
to a point with coordinates N197,708.68, E838,594.64; and
(F) thence running S84°43’ 23.94’’W about 746.08 feet
to the point described in subparagraph (A).

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SEC. 331. CAPE PORPOISE HARBOR, MAINE, ANCHORAGE AREA DESIGNATION.

(a) IN GENERAL.—The project for navigation, Cape Porpoise
Harbor, Maine, authorized by section 101 of the River and Harbor
Act of 1948 (62 Stat. 1172), is modified to designate the portion
of the project described in subsection (b) as a 6-foot-deep anchorage.
(b) PORTION DESCRIBED.—The portion of the project referred
to in subsection (a) is the approximately 192,235.63 square foot
area consisting of the 100-foot-wide and 6-foot-deep channel located
within the inner harbor—
(1) starting at a point with coordinates N 194,175.13, E
2,882,011.74;
(2) thence running N33°46’ 08.14’’W about 914.57 feet to
a point with coordinates N 194,935.40, E 2,881,503.38;
(3) thence running N12°41’ 09.78’’W about 1,026.40 feet
to a point with coordinates N 195,936.74, E 2,881,277.97;
(4) thence running N77°18’ 50.22’’E about 100.00 feet to
a point with coordinates N 195,958.70, E 2,881,375.53;
(5) thence running S12°41’ 09.78’’E about 1,007.79 feet
to a point with coordinates N 194,975.52, E 2,881,596.85;
(6) thence running S33°46’ 08.14’’E about 895.96 feet to
a point with coordinates N 194,230.72, E 2,882,094.86; and
(7) thence running S56°13’ 51.86’’W about 100.00 feet to
the point described in paragraph (1).
SEC. 332. BALTIMORE, MARYLAND.

The Secretary is authorized, in accordance with section 5 of
Act of June 22, 1936 (33 U.S.C. 701h), to accept funds contributed
by a non-Federal interest for dredging on irregular cycles of the
Baltimore Inner Harbor Approach Channel, Baltimore Harbor and
Channels Federal navigation project, authorized by section 101
of the River and Harbor Act of 1958 (72 Stat. 297).
SEC. 333. THAD COCHRAN LOCK AND DAM, AMORY, MISSISSIPPI.

(a) SENSE OF CONGRESS.—It is the sense of Congress that
Thad Cochran, whose selfless determination and tireless work, while
serving as a congressman and United States Senator from Mississippi for 45 years, contributed greatly to the realization and
success of the Tennessee-Tombigbee Waterway.
(b) DESIGNATION.—The navigation lock known as the ‘‘Amory
Lock’’, located at mile 371 on the Tennessee-Tombigbee Waterway,
Mississippi, and the dam associated with such lock, shall be known
and designated as the ‘‘Thad Cochran Lock and Dam’’.
(c) REFERENCES.—Any reference in a law, map, regulation,
document, paper, or other record of the United States to the lock
and dam referred to in subsection (b) shall be deemed to be a
reference to the ‘‘Thad Cochran Lock and Dam’’.

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SEC. 334. MISSOURI RIVER RESERVOIR SEDIMENT MANAGEMENT.

Section 1179(a) of the Water Resources Development Act of
2016 (130 Stat. 1675; 132 Stat. 3782) is amended—
(1) in paragraph (3)—
(A) in subparagraph (B), by inserting ‘‘project purposes,
including’’ before ‘‘storage capacity’’; and
(B) in subparagraph (C), by striking ‘‘preliminary’’;
(2) by redesignating paragraphs (4) through (9) as paragraphs (6) through (11), respectively; and
(3) by inserting after paragraph (3) the following:

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‘‘(4) JUSTIFICATION.—In determining the economic justification of a sediment management plan under paragraph (2),
the Secretary shall—
‘‘(A) measure and include flooding, erosion, and accretion damages both upstream and downstream of the reservoir that are likely to occur as a result of sediment
management within the reservoir compared to the damages
that are likely to occur if the sediment management plan
is not implemented; and
‘‘(B) include lifecycle costs and a 100-year period of
analysis.
‘‘(5) IMPLEMENTATION.—As part of a sediment management
plan under paragraph (2), and in accordance with paragraph
(10), the Secretary may carry out sediment removal activities
at reservoirs owned and operated by the Secretary in the Upper
Missouri River Basin, or at reservoirs for which the Secretary
has flood control responsibilities under section 7 of the Act
of December 22, 1944 (33 U.S.C. 709), in the Upper Missouri
River Basin, in accordance with section 602 of the Water
Resources Development Act of 1986 (100 Stat. 4148; 110 Stat.
3758; 113 Stat. 295; 121 Stat. 1076) as if those reservoirs
were listed in subsection (a) of that section.’’.

Determination.

Costs.
Time period.
Analysis.

SEC. 335. PORTSMOUTH, NEW HAMPSHIRE.
Massachusetts.

The Secretary shall expedite the activities required to be carried
out under section 204 of the Water Resources Development Act
of 1992 (33 U.S.C. 2326) regarding the use of improvement dredging
of the Portsmouth Federal navigation project in Portsmouth, New
Hampshire, carried out pursuant to section 3 of the Act of August
13, 1946 (33 U.S.C. 426g), as a source of clean beach fill material
to reinforce the stone revetment at Nantasket Beach, Hull,
Massachusetts.
SEC. 336. RAHWAY FLOOD RISK MANAGEMENT FEASIBILITY STUDY,
NEW JERSEY.

The Secretary shall—
(1) nullify the determination of the North Atlantic Division
of the Corps of Engineers that further activities to carry out
the feasibility study for a project for flood risk management,
Rahway, New Jersey, authorized by the resolution of the Committee on Transportation and Infrastructure of the House of
Representatives adopted on March 24, 1998 (docket number
2548), is not warranted;
(2) identify an acceptable alternative to the project
described in paragraph (1) that could receive Federal support;
and
(3) carry out, and expedite the completion of, a feasibility
study for the acceptable alternative identified under paragraph
(2).

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SEC. 337. SAN JUAN-CHAMA PROJECT; ABIQUIU DAM, NEW MEXICO.

(a) ABIQUIU RESERVOIR.—Section 5(b) of Public Law 97–140
(43 U.S.C. 620a note) is amended by striking ‘‘a total of two hundred
thousand acre-feet of’’.
(b) WATER STORAGE AT ABIQUIU DAM, NEW MEXICO.—Section
1 of Public Law 100–522 (43 U.S.C. 620a note) is amended—
(1) by striking ‘‘200,000 acre-feet of’’;

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(2) by inserting ‘‘and San Juan-Chama project’’ after ‘‘Rio
Grande system’’; and
(3) by striking ‘‘, in lieu of the water storage authorized
by section 5 of Public Law 97–140, to the extent that contracting
entities under section 5 of Public Law 97–140 no longer require
such storage’’.
(c) WATER STORAGE.—The Secretary shall—
(1) store up to elevation 6230.00 NGVD29 at Abiquiu Dam,
New Mexico, to the extent that the necessary real property
interests have been acquired by any entity requesting such
storage; and
(2) amend the March 20, 1986, contract between the United
States of America and the Albuquerque Bernalillo County
Water Utility Authority (assigned by the City of Albuquerque,
New Mexico to the Albuquerque Bernalillo County Water Utility
Authority) for water storage space in Abiquiu Reservoir to
allow for storage by the Albuquerque Bernalillo County Water
Utility Authority of San Juan-Chama project water or native
Rio Grande system water up to elevation 6230.00 NGVD29.
(d) STORAGE AGREEMENTS WITH USERS OTHER THAN THE ALBUQUERQUE BERNALILLO COUNTY WATER UTILITY AUTHORITY.—The
Secretary shall—
(1) retain or enter into new agreements with entities for
a proportionate allocation of 29,100 acre-feet of storage space
pursuant to section 5 of Public Law 97–140; and
(2) amend or enter into new storage agreements for storage
of San Juan-Chama project water or native Rio Grande system
water up to the space allocated for each entity’s proportionate
share of San Juan-Chama water.
(e) OPERATIONS DOCUMENTS.—The Secretary shall amend or
revise any existing operations documents, including the Water Control Manual or operations plan for Abiquiu Reservoir, as necessary
to meet the requirements of this section.
(f) LIMITATIONS.—In carrying out this section, the following
limitations shall apply:
(1) The storage of native Rio Grande system water shall
be subject to the provisions of the Rio Grande Compact and
the resolutions of the Rio Grande Compact Commission.
(2) The storage of native Rio Grande system water shall
only be authorized to the extent that the necessary water
ownership and storage rights have been acquired by the entity
requesting such storage.
(3) The storage of native Rio Grande system water or
San-Juan Chama project water shall not interfere with the
authorized purposes of the Abiquiu Dam and Reservoir project.
(4) Each user of storage space, regardless of source of
water, shall pay for any increase in costs attributable to storage
of that user’s water.

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SEC. 338. FLUSHING BAY AND CREEK FEDERAL NAVIGATION CHANNEL,
NEW YORK.

(a) IN GENERAL.—The portion of the project for navigation,
Flushing Bay and Creek, New York, authorized by the first section
of the Act of March 3, 1905 (chapter 1482, 33 Stat. 1120; 52
Stat. 803; 76 Stat. 1174), described in subsection (b) is no longer
authorized beginning on the date of enactment of this Act.

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(b) PORTION DESCRIBED.—The portion referred to in subsection
(a) is the portion from river mile 2.5 to river mile 2.9, as bounded
by—
(1) the coordinates of—
(A) Latitude North 40° 45’ 45.61’’ Longitude West 73°
50’ 20.19’’;
(B) Latitude North 40° 45’ 47.02’’ Longitude West 73°
50’ 10.80’’;
(C) Latitude North 40° 45’ 26.71’’ Longitude West 73°
50’ 10.85’’; and
(D) Latitude North 40° 45’ 26.72’’ Longitude West 73°
50’ 10.96’’; and
(2) the New York Long Island State Plane (US Survey
Feet, NAD–83), as follows:
(A) Easting x1028866.501 Northing y217179.294;
(B) Easting x1029588.853 Northing y217322.675;
(C) Easting x1029588.853 Northing y215267.486; and
(D) Easting x1028964.587 Northing y215267.486.
Effective date.

SEC. 339. RUSH RIVER AND LOWER BRANCH RUSH RIVER, NORTH
DAKOTA.

(a) IN GENERAL.—The portion of the comprehensive plan for
flood control and other purposes in the Red River of the North
drainage basin, North Dakota, South Dakota, and Minnesota,
authorized by section 203 of the Flood Control Act of 1948 (62
Stat. 1177; 64 Stat. 176), consisting of clearing and rectification
of the channel from mile 28.3 near Amenia to the mouth of the
Rush River, known as Cass County Drain No. 12, is no longer
authorized beginning on the date of enactment of this Act.
(b) LOWER BRANCH RUSH RIVER.—The project for flood control,
Lower Branch Rush River, North Dakota, carried out under section
205 of the Flood Control Act of 1948 (33 U.S.C. 701s), known
as Cass County Drain No. 2, is no longer authorized beginning
on the date of enactment of this Act.
SEC. 340. PAWCATUCK RIVER, LITTLE NARRAGANSETT BAY AND
WATCH HILL COVE, RHODE ISLAND AND CONNECTICUT.
Effective date.

Beginning on the date of enactment of this Act, that portion
of the project for navigation, Pawcatuck River, Little Narragansett
Bay and Watch Hill Cove, Rhode Island and Connecticut, authorized
by section 2 of the Act of March 2, 1945 (chapter 19, 59 Stat.
13), consisting of a 10-foot-deep, 16-acre anchorage area in Watch
Hill Cove is no longer authorized.
SEC. 341. HARRIS COUNTY, TEXAS.

Section 575 of the Water Resources Development Act of 1996
(110 Stat. 3789; 113 Stat. 311; 121 Stat. 1253) is repealed.

Repeal.

SEC. 342. CAP SANTE WATERWAY, WASHINGTON.

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Beginning on the date of enactment of this Act, the project
for navigation, Cap Sante Waterway and Navigation Channel,
Skagit County, Washington, authorized by the Act of March 2,
1919 (chapter 95, 40 Stat. 1285), is modified to deauthorize the
portion of the project consisting of an approximately 334,434-foot
area of the Federal channel within Anacortes Harbor inside and
directly adjacent to the Federal breakwater and training wall structure, starting at a point with coordinates N557015.552,
E1210819.619, thence running S88 13’2.06’’E approximately 200

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feet to a point with coordinates N557009.330, E1211019.522, thence
running S01 46’58.08’’W approximately 578 feet to a point with
coordinates N556431.405, E1211001.534, thence running S49
49’50.23’’W approximately 69 feet to a point with coordinates
N556387.076, E1210949.002, thence running S51 53’0.25’’E approximately 35 feet to a point with coordinates N556365.662,
E1210976.316, thence running S49 38’58.48’’W approximately 112
feet to a point with coordinates N556292.989, E1210890.775, thence
running N88 13’1.87’’W approximately 109 feet to a point with
coordinates N556296.367, E1210782.226, thence running S46
46’58.97’’W approximately 141 feet to a point with coordinates
N556199.527, E1210679.164, thence running N88 13’1.77’’W
approximately 700 feet to a point with coordinates N556221.305,
E1209979.502, thence running N01 46’58.08’’E approximately 250
feet to a point with coordinates N556471.184, E1209987.280, thence
running S88 13’1.77’’E approximately 815 feet to a point with
coordinates N556445.828, E1210801.886, thence running N01
46’58.08’’E approximately 570 feet to the point of origin.
SEC. 343. LOCAL GOVERNMENT RESERVOIR PERMIT REVIEW.

Section 1119(b) of the Water Resources Development Act of
2018 (33 U.S.C. 2347 note) is amended by striking ‘‘owned or
operated by the Secretary’’.
SEC. 344. PROJECT MODIFICATIONS FOR IMPROVEMENT OF ENVIRONMENT.

Section 1203(g) of the Water Resources Development Act of
2018 (132 Stat. 3805) is amended, in the matter preceding paragraph (1), by striking ‘‘For fiscal years 2019 and 2020’’ and inserting
‘‘Until September 30, 2024’’.
SEC. 345. AQUATIC ECOSYSTEM RESTORATION.

For fiscal years 2021 through 2024, in carrying out section
206 of the Water Resources Development Act of 1996 (33 U.S.C.
2330), the Secretary shall give priority to a project to restore and
protect an aquatic ecosystem or estuary that—
(1) is located in the South Platte River Basin;
(2) is located on a body of water that is identified by
the applicable State pursuant to section 303(d) of the Federal
Water Pollution Control Act (33 U.S.C. 1313(d)) as being
impaired;
(3) has the potential to provide flood risk management
and recreational benefits in addition to ecosystem restoration
benefits; and
(4) is located in a city with a population of 80,000 or
less.

Time period.

SEC. 346. SURPLUS WATER CONTRACTS AND WATER STORAGE AGREEMENTS.

Section 1046(c)(3) of the Water Resources Reform and Development Act of 2014 (128 Stat. 1254; 132 Stat. 3784) is amended
by striking ‘‘12’’ and inserting ‘‘16’’.

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SEC. 347. NO WAKE ZONES IN NAVIGATION CHANNELS.

Section 1149 of the Water Resources Development Act of 2016
(33 U.S.C. 1223 note) amended—
(1) by striking ‘‘recreational’’ in each place it appears and
inserting ‘‘covered’’; and

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(2) by amending subsection (c) to read as follows:
‘‘(c) DEFINITIONS.—In this section:
‘‘(1) COVERED NAVIGATION CHANNEL.—The term ‘covered
navigation channel’ means a navigation channel that—
‘‘(A) is federally marked or maintained;
‘‘(B) is part of the Atlantic Intracoastal Waterway;
and
‘‘(C) is adjacent to a marina.
‘‘(2) COVERED VESSEL.—The term ‘covered vessel’ means
a recreational vessel or an uninspected passenger vessel, as
such terms are defined in section 2101 of title 46, United
States Code.’’.

SEC. 348. LIMITATION ON CONTRACT EXECUTION IN THE ARKANSAS
RIVER BASIN.

Time period.

(a) DEFINITION OF COVERED CONTRACT.—In this section, the
term ‘‘covered contract’’ means a contract between any local governmental entity and the Secretary for water supply storage in a
Federal or non-Federal hydropower lake within the Arkansas River
Basin.
(b) LIMITATION.—For any new covered contract for a hydropower
lake that is entered into during the period beginning on the date
of enactment of this Act and ending on December 31, 2022, a
local governmental entity shall not pay more than 110 percent
of the initial principal cost for the acre-feet being sought for the
new covered contract for that hydropower lake.
SEC. 349. WAIVER OF NON-FEDERAL SHARE OF DAMAGES RELATED
TO CERTAIN CONTRACT CLAIMS.

Time period.

In a case in which the Armed Services Board of Contract
Appeals or other court of competent jurisdiction has rendered a
decision during the period beginning on December 1, 2017, and
ending on December 31, 2022, awarding damages to a contractor
relating to the adjudication of claims arising from the construction
of an authorized water resources development project, notwithstanding the terms of the Project Partnership Agreement, the Secretary shall waive payment of the share of the non-Federal interest
of those damages, including attorney’s fees, if—
(1)(A) the contracting officer was instructed by the Corps
of Engineers to modify the terms of the contract or terminate
the contract; and
(B) the Armed Services Board of Contract Appeals or other
court of competent jurisdiction determined that the failure of
the contracting officer to timely take the action described in
subparagraph (A) was a material breach of the contract that
resulted in damages to the contractor awarded by the Armed
Services Board of Contract Appeals or the court, as applicable;
or
(2) the claims arose from construction of a project deauthorized under this title.

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SEC. 350. REDUCED PRICING FOR CERTAIN WATER SUPPLY STORAGE.

Section 322 of the Water Resources Development Act of 1990
(33 U.S.C. 2324) is amended—
(1) in subsection (b), by striking ‘‘2,000,000’’ and inserting
‘‘3,000,000’’; and
(2) in subsection (g)—

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(A) by striking the period at the end and inserting
‘‘; or’’;
(B) by striking ‘‘means a community’’ and inserting
the following: ‘‘means—
‘‘(1) a community’’; and
(C) by adding at the end the following:
‘‘(2) a regional water system that serves a population of
less than 100,000, for which the per capita income is less
than the per capita income of not less than 50 percent of
the counties in the United States.’’.

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SEC. 351. FLOOD CONTROL AND OTHER PURPOSES.

Section 103(k) of the Water Resources Development Act of
1986 (33 U.S.C. 2213) is amended—
(1) by striking ‘‘Except as’’ and inserting the following:
‘‘(1) IN GENERAL.—Except as’’; and
(2) by adding at the end the following:
‘‘(2) RENEGOTIATION OF TERMS.—
‘‘(A) IN GENERAL.—At the request of a non-Federal
interest, the Secretary and the non-Federal interest may
renegotiate the terms and conditions of an eligible deferred
payment, including—
‘‘(i) permitting the non-Federal contribution to be
made without interest, pursuant to paragraph (1);
‘‘(ii) recalculation of the interest rate;
‘‘(iii) full or partial forgiveness of interest accrued
during the period of construction; and
‘‘(iv) a credit against construction interest for a
non-Federal investment that benefits the completion
or performance of the project or separable element.
‘‘(B) ELIGIBLE DEFERRED PAYMENT.—An eligible
deferred payment agreement under subparagraph (A) is
an agreement for which—
‘‘(i) the non-Federal contribution was made with
interest;
‘‘(ii) the period of project construction exceeds 10
years from the execution of a project partnership agreement or appropriation of funds; and
‘‘(iii) the construction interest exceeds $45,000,000.
‘‘(3) CREDIT FOR NON-FEDERAL CONTRIBUTION.—
‘‘(A) IN GENERAL.—The Secretary is authorized to credit
any costs incurred by the non-Federal interest (including
in-kind contributions) to remedy a design or construction
deficiency of a covered project or separable element toward
the non-Federal share of the cost of the covered project,
if the Secretary determines the remedy to be integral to
the completion or performance of the covered project.
‘‘(B) CREDIT OF COSTS.—If the non-Federal interest
incurs costs or in-kind contributions for a project to remedy
a design or construction deficiency of a project or separable
element which has a 100 percent Federal cost share, and
the Secretary determines the remedy to be integral to
the completion or performance of the project, the Secretary
is authorized to credit such costs to any interest accrued
on a deferred non-Federal contribution.
‘‘(4) TREATMENT OF PRE-PAYMENT.—Notwithstanding a
deferred payment agreement with a non-Federal interest, the

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Secretary shall accept, without interest of any type, the repayment of a non-Federal contribution for any eligible deferred
payment described in paragraph (2)(B) for which—
‘‘(A) the non-Federal interest makes a payment of at
least $200 million for that eligible deferred payment agreement on or before September 30, 2021; and
‘‘(B) the non-Federal interest repays the remaining
principal by September 30, 2023.’’.

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SEC. 352. ADDITIONAL ASSISTANCE FOR CRITICAL PROJECTS.

(a) CONSISTENCY WITH REPORTS.—Congress finds that the
project modifications described in this section are in accordance
with the reports submitted to Congress by the Secretary under
section 7001 of the Water Resources Reform and Development Act
of 2014 (33 U.S.C. 2282d), titled ‘‘Report to Congress on Future
Water Resources Development’’, or have otherwise been reviewed
by Congress.
(b) MODIFICATIONS.—
(1) SACRAMENTO AREA, CALIFORNIA.—Section 219(f)(23) of
the Water Resources Development Act of 1992 (106 Stat. 4835;
113 Stat. 336; 117 Stat. 1840) is amended to read as follows:
‘‘(23) SACRAMENTO AREA, CALIFORNIA.— $45,000,000 for
regional water conservation, recycling, reliability, and resiliency
projects in Placer, El Dorado, and Sacramento Counties and
the San Juan Suburban Water District, California.’’.
(2) SOUTH PERRIS, CALIFORNIA.—Section 219(f)(52) of the
Water Resources Development Act of 1992 (106 Stat. 4835;
113 Stat. 336; 114 Stat. 2763A–220) is amended by striking
‘‘ $25,000,000’’ and inserting ‘‘ $50,000,000’’.
(3) MADISON AND ST. CLAIR COUNTIES, ILLINOIS.—Section
219(f)(55) of the Water Resources Development Act of 1992
(106 Stat. 4835; 113 Stat. 335; 114 Stat. 2763A–221) is amended
by striking ‘‘ $10,000,000’’ and inserting ‘‘ $45,000,000’’.
(4) SOUTHERN AND EASTERN KENTUCKY.—Section 531 of
the Water Resources Development Act of 1996 (110 Stat. 3773;
113 Stat. 348; 117 Stat. 142; 121 Stat. 1226) is amended—
(A) in subsection (g), by inserting ‘‘Boyd, Carter, Elliott,
Lincoln,’’ after ‘‘Lee,’’; and
(B) in subsection (h), by striking ‘‘ $40,000,000’’ and
inserting ‘‘ $100,000,000’’.
(5) DESOTO COUNTY, MISSISSIPPI.—Section 219(f)(30) of the
Water Resources Development Act of 1992 (106 Stat. 4835;
113 Stat. 336; 114 Stat. 2763A–220; 119 Stat. 282; 119 Stat.
2257; 122 Stat. 1623) is amended by striking ‘‘ $75,000,000’’
and inserting ‘‘ $130,000,000’’.
(6) JACKSON COUNTY, MISSISSIPPI.—Section 219 of the
Water Resources Development Act of 1992 (106 Stat. 4835;
110 Stat. 3757; 113 Stat. 1494; 121 Stat. 1258) is amended—
(A) in subsection (c)(5), by striking ‘‘water supply and’’
and inserting ‘‘water supply, projects for stormwater and
drainage systems, and’’; and
(B) in subsection (e)(1), by striking ‘‘ $32,500,000’’ and
inserting ‘‘ $57,500,000’’.
(7) ST. LOUIS, MISSOURI.—Section 219(f)(32) of the Water
Resources Development Act of 1992 (106 Stat. 4835; 113 Stat.
337; 121 Stat. 1233) is amended by striking ‘‘ $35,000,000’’
and inserting ‘‘ $70,000,000’’.

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134 STAT. 2719

(8) MIDWEST CITY, OKLAHOMA.—Section 219(f)(231) of the
Water Resources Development Act of 1992 (106 Stat. 4835;
113 Stat. 336; 121 Stat. 1266) is amended by striking ‘‘
$2,000,000’’ and inserting ‘‘ $5,000,000’’.
(9) SOUTH CENTRAL PENNSYLVANIA.—Section 313 of the
Water Resources Development Act of 1992 (106 Stat. 4845;
109 Stat. 407; 110 Stat. 3723; 113 Stat. 310; 117 Stat. 142;
121 Stat. 1146) is amended—
(A) in subsection (g)(1), by striking ‘‘ $200,000,000’’
and inserting ‘‘ $400,000,000’’; and
(B) in subsection (h)(2), by inserting ‘‘Beaver, Jefferson,’’ after ‘‘Washington,’’.
(10) LAKES MARION AND MOULTRIE, SOUTH CAROLINA.—Section 219(f)(25) of the Water Resources Development Act of
1992 (106 Stat. 4835; 113 Stat. 336; 114 Stat. 2763A–220;
117 Stat. 1838; 130 Stat. 1677; 132 Stat. 3818) is amended
by striking ‘‘ $89,550,000’’ and inserting ‘‘ $110,000,000’’.
(11) EL PASO COUNTY, TEXAS.—Section 219(f)(269) of the
Water Resources Development Act of 1992 (106 Stat. 4835;
113 Stat. 336; 121 Stat. 1268) is amended by striking ‘‘
$25,000,000’’ and inserting ‘‘ $75,000,000’’.
(12) WESTERN RURAL WATER.—Section 595 of the Water
Resources Development Act of 1999 (113 Stat. 383; 117 Stat.
139; 117 Stat. 142; 117 Stat. 1836; 118 Stat. 440; 121 Stat.
1219; 123 Stat. 2851; 128 Stat. 1316; 130 Stat. 1681) is
amended—
(A) by striking the section heading and inserting ‘‘western
rural water.’’;
(B) in subsection (b), by inserting ‘‘Arizona,’’ before
‘‘rural Idaho’’;
(C) in subsection (c), by inserting ‘‘Arizona,’’ before
‘‘Idaho’’; and
(D) in subsection (i), by striking ‘‘for the period beginning with fiscal year 2001, $435,000,000, to remain available until expended.’’ and inserting the following: ‘‘, to
remain available until expended—
‘‘(1) for the period beginning with fiscal year 2001,
$435,000,000 for Idaho, Montana, rural Nevada, New Mexico,
rural Utah, and Wyoming; and
‘‘(2) $150,000,000 for Arizona.’’.
(13) CENTRAL WEST VIRGINIA.—Section 571(h) of the Water
Resources Development Act of 1999 (113 Stat. 371; 121 Stat.
1257) is amended by striking ‘‘ $20,000,000’’ and inserting
‘‘ $100,000,000’’.
(14) SOUTHERN WEST VIRGINIA.—Section 340(g) of the Water
Resources Development Act of 1992 (106 Stat. 4856; 110 Stat.
3727; 113 Stat. 320) is amended by striking ‘‘ $40,000,000’’
and inserting ‘‘ $120,000,000’’.
(c) LOWELL CREEK TUNNEL, SEWARD, ALASKA.—Section
5032(a)(2) of the Water Resources Development Act of 2007 (Public
Law 110–114, 121 Stat. 1205) is amended by striking ‘‘15’’ and
inserting ‘‘20’’.
(d) CAPE ARUNDEL DISPOSAL SITE, MAINE.—Section 1312 of
the Water Resources Development Act of 2018 (132 Stat. 3821)
is amended by striking ‘‘December 31, 2021’’ and inserting ‘‘September 30, 2024’’.

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PUBLIC LAW 116–260—DEC. 27, 2020

SEC. 353. PROJECT MODIFICATION AUTHORIZATIONS.

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Missouri.

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(a) WATER SUPPLY.—The following project modifications for
water supply, as identified in the report entitled ‘‘Report to Congress
on Future Water Resources Development’’ dated February 2019,
and submitted to Congress on June 3, 2019, pursuant to section
7001 of the Water Resources Reform and Development Act of 2014
(33 U.S.C. 2282d) or otherwise reviewed by Congress, are authorized
to be carried out by the Secretary substantially in accordance with
the recommendations included in such report pursuant to section
301(c) of the Water Supply Act of 1958 (43 U.S.C. 390b(c)) and
as follows:
(1) CLARENCE CANNON DAM AND MARK TWAIN LAKE PROJECT,
SALT RIVER, MISSOURI.—
(A) IN GENERAL.—The project for Clarence Cannon
Dam and Mark Twain Lake Project, Salt River, Missouri,
authorized by section 203 of the Flood Control Act of 1962
(76 Stat. 1189; 79 Stat. 1089; 95 Stat. 1684), is modified
to release 5,600 acre-feet of future use water supply storage
to the Federal Government under water supply contract
No. DACW43–88–C–0036, and future financial obligations
for such volume of storage.
(B) RELIEF OF CERTAIN OBLIGATIONS.—Upon execution
of the amendment required by subparagraph (C), the State
of Missouri shall be relieved of the obligation to pay the
percentage of the annual operation and maintenance
expense, the percentage of major replacement cost, and
the percentage of major rehabilitation costs, of the joint
use facilities of the project described in subparagraph (A),
that are attributable to water supply storage space not
being used by the State during the period before the State
commences use of the storage space.
(C) AMENDMENT TO CONTRACT.—The Secretary shall
amend Water Supply Contract No. DACW43–88–C–0036,
dated March 10, 1988, between the United States and
the State of Missouri, to implement the modifications
required under subparagraphs (A) and (B).
(2) CITY OF PLATTSBURG.—
(A) IN GENERAL.—The project for Smithville Lake, Missouri, authorized pursuant to section 204 of the Flood Control Act of 1965 (79 Stat. 1080), is modified to release
the City of Plattsburg, Missouri, from—
(i) 8,850 acre-feet of future water supply storage
contracts; and
(ii) future financial obligations for the volume of
storage described in clause (i).
(B) AMENDMENT TO CONTRACT.—The Secretary shall
amend water supply contract No. DACW41–73–C–0008,
between the United States and the State of Missouri, to
implement the modifications under subparagraph (A).
(3) CITY OF SMITHVILLE.—
(A) IN GENERAL.—The project for Smithville Lake, Missouri, authorized pursuant to section 204 of the Flood Control Act of 1965 (79 Stat. 1080), is modified to release
the City of Smithville, Missouri, from—
(i) 6,000 acre-feet of future water supply storage
contracts; and

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134 STAT. 2721

(ii) future financial obligations for the volume of
storage described in clause (i).
(B) AMENDMENT TO CONTRACT.—The Secretary shall
amend water supply contract No. DACW–41–73–C–0007,
between the United States and the State of Missouri, to
implement the modifications under subparagraph (A).
(b) FLOOD RISK MANAGEMENT.—The following project modifications for flood risk management, as identified in a report entitled
‘‘Report to Congress on Future Water Resources Development’’,
and submitted to Congress pursuant to section 7001 of the Water
Resources Reform and Development Act of 2014 (33 U.S.C. 2282d)
or otherwise reviewed by Congress, are authorized to be carried
out by the Secretary:
(1) Modification of the project for flood risk management,
lower Mississippi River, authorized by the Act of May 15,
1928 (chapter 569, 45 Stat. 534), to incorporate the Wolf River
Backwater and Nonconnah Creek levee systems into the project,
authorized by section 5 of the Act of June 22, 1936 (chapter
688, 49 Stat. 1575; 50 Stat. 881), subject to the determination
of the Secretary that such systems meet all requirements
applicable to such project.
(2) Modification of the project for flood risk management,
Red River below Denison Dam, Arkansas, Louisiana, and Texas,
authorized by the Act of June 28, 1938 (chapter 795, 52 Stat.
1219), to incorporate the Cherokee Park Levee into the project,
subject to the determination of the Secretary that such levee
meets all requirements applicable to such project.

Determinations.

Arkansas.
Louisiana.
Texas.

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SEC. 354. COMPLETION OF MAINTENANCE AND REPAIR ACTIVITIES.

(a) EXPEDITED COMPLETIONS.—
(1) UPPER SNAKE RIVER BASIN.—The Secretary shall expedite, in coordination with State, Tribal, and local authorities,
the completion of maintenance and repair activities for those
elements of the levee systems in the Upper Snake River Basin,
authorized pursuant to the Flood Control Act of 1950 (64 Stat.
179), that are operated and maintained by the Secretary.
(2) LOWER MISSOURI RIVER BASIN.—The Secretary shall
expedite, in coordination with State and local authorities and
stakeholders, the completion of maintenance and repair activities for those elements of the levee systems in the Lower
Missouri River Basin, authorized pursuant to the Pick-Sloan
Missouri River Basin Program (authorized by section 9(b) of
the Act of December 22, 1944 (chapter 665, 58 Stat. 891))
or the Missouri River Bank Stabilization and Navigation project
(authorized by section 2 of the Act of March 2, 1945 (chapter
19, 59 Stat. 19)), that are operated and maintained by the
Secretary.
(3) COOS BAY NORTH JETTY SYSTEM, OREGON.—The Secretary shall expedite, in coordination with State and local
authorities and stakeholders, the completion of maintenance
and repair activities for those elements of the Coos Bay North
Jetty system, Oregon, authorized by the first section of the
Act of January 21, 1927 (chapter 47, 44 Stat. 1014), that
are operated and maintained by the Secretary.
(4) INDIAN RIVER INLET AND BAY, DELAWARE.—The Secretary shall expedite, in coordination with State and local
authorities, the completion of maintenance and repair activities

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for the elements of the project for navigation, Indian River
Inlet and Bay, Delaware, authorized by the Act of August
26, 1937 (chapter 832, 50 Stat. 846), that are operated and
maintained by the Secretary.
(b) SAVINGS PROVISION.—Nothing in this section affects the
responsibility of the Secretary to comply with the requirements
of any Federal law in carrying out the activities required to be
expedited by this section.
SEC. 355. PROJECT REAUTHORIZATIONS.

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(a) IN GENERAL.—
(1) MUDDY RIVER, MASSACHUSETTS.—The separable elements for ecosystem restoration of the project for flood damage
reduction and environmental restoration, Muddy River, Brookline and Boston, Massachusetts, authorized by section 522 of
the Water Resources Development Act of 2000 (114 Stat. 2656),
and deauthorized pursuant to section 6001 of the Water
Resources Reform and Development Act of 2014 (128 Stat.
1345), are authorized to be carried out by the Secretary, subject
to subsection (b).
(2) EAST CHESTER CREEK, NEW YORK.—Notwithstanding section 1001 of the Water Resources Development Act of 1986
(33 U.S.C. 579a), the project for navigation, East Chester Creek,
New York, authorized by section 101 of the River and Harbor
Act of 1950 (64 Stat. 164; 100 Stat. 4181), and deauthorized
pursuant to section 1001 of the Water Resources Development
Act of 1986 (33 U.S.C. 579(a)), is authorized to be carried
out by the Secretary, subject to subsection (b).
(3) CHRISTIANSTED HARBOR, UNITED STATES VIRGIN
ISLANDS.—Notwithstanding section 1002 of the Water Resources
Development Act of 1986 (100 Stat. 4221), the portion of the
project for navigation, Christiansted Harbor, St. Croix, United
States Virgin Islands, authorized by section 101 of the River
and Harbor Act of 1950 (64 Stat. 167), and deauthorized under
section 1002 of the Water Resources Development Act of 1986
(100 Stat. 4221), is authorized to be carried out by the Secretary, subject to subsection (b).
(4) CHARLOTTE AMALIE (ST. THOMAS) HARBOR, UNITED
STATES VIRGIN ISLANDS.—Notwithstanding section 1002 of the
Water Resources Development Act of 1986 (100 Stat. 4221),
the portion of the project for navigation, Charlotte Amalie (St.
Thomas) Harbor, St. Thomas, United States Virgin Islands,
authorized by the Act of August 26, 1937 (chapter 832, 50
Stat. 850), and deauthorized under section 1002 of the Water
Resources Development Act of 1986 (100 Stat. 4221), is authorized to be carried out by the Secretary, subject to subsection
(b).
(b) REPORT TO CONGRESS.—The Secretary shall complete and
submit to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on Environment
and Public Works of the Senate a post-authorization change report
(as such term is defined in section 1132(d) of the Water Resources
Development Act of 2016 (33 U.S.C. 2282e(d)) prior to carrying
out a project identified in subsection (a).
SEC. 356. CONVEYANCES.

(a) GENERALLY APPLICABLE PROVISIONS.—

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2723

(1) SURVEY TO OBTAIN LEGAL DESCRIPTION.—The exact acreage and the legal description of any real property to be conveyed
under this section shall be determined by a survey that is
satisfactory to the Secretary.
(2) APPLICABILITY OF PROPERTY SCREENING PROVISIONS.—
Section 2696 of title 10, United States Code, shall not apply
to any conveyance under this section.
(3) COSTS OF CONVEYANCE.—An entity to which a conveyance is made under this section shall be responsible for all
reasonable and necessary costs, including real estate transaction and environmental documentation costs, associated with
the conveyance.
(4) LIABILITY.—An entity to which a conveyance is made
under this section shall hold the United States harmless from
any liability with respect to activities carried out, on or after
the date of the conveyance, on the real property conveyed.
The United States shall remain responsible for any liability
with respect to activities carried out, before such date, on
the real property conveyed.
(5) ADDITIONAL TERMS AND CONDITIONS.—The Secretary
may require that any conveyance under this section be subject
to such additional terms and conditions as the Secretary considers necessary and appropriate to protect the interests of
the United States.
(b) EUFAULA, ALABAMA.—
(1) CONVEYANCE AUTHORIZED.—The Secretary shall convey
to the City of Eufaula, Alabama, all right, title, and interest
of the United States in and to the real property described
in the Department of the Army Lease No. DACW01–2–17–
0747, containing 56.76 acres, more or less, and being a part
of Tracts L–1268 (26.12 acres), L–1273 (13.71 acres), L–1278
(6.75 acres), and L1279 (10.36 acres) of the Walter F. George
Lock and Dam and Lake project.
(2) DEED.—The Secretary shall convey the property under
this subsection by quitclaim deed under such terms and conditions as the Secretary determines appropriate to protect the
interests of the United States.
(3) CONSIDERATION.—The City of Eufaula, Alabama, shall
pay to the Secretary an amount that is not less than the
fair market value of the property conveyed under this subsection, as determined by the Secretary.
(c) MONTGOMERY, ALABAMA.—
(1) CONVEYANCE AUTHORIZED.—The Secretary shall convey
to the City of Montgomery, Alabama, all right, title, and interest
of the United States in and to the real property described
in paragraph (2).
(2) PROPERTY.—The property to be conveyed is the 62.38
acres of land and water under the primary jurisdiction of the
Secretary in the R.E. ‘‘Bob’’ Woodruff Project Area that is
covered by lease number DACW01–1–05–0037, including the
parcels and structure known as ‘‘Powder Magazine’’.
(3) DEADLINE.—To the extent practicable, the Secretary
shall complete the conveyance under this subsection by not
later than 180 days after the date of enactment of this Act.
(4) DEED.—The Secretary shall convey the property under
this subsection by quitclaim deed under such terms and conditions as the Secretary determines appropriate to protect the

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Determination.

Determination.

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interests of the United States, to include retaining the right
to inundate with water any land transferred under this subsection.
(5) CONSIDERATION.—The City of Montgomery, Alabama,
shall pay to the Secretary an amount that is not less than
the fair market value of the property conveyed under this
subsection, as determined by the Secretary.
(d) CONVEYANCE OF WILMINGTON HARBOR NORTH DISPOSAL
AREA, DELAWARE.—
(1) IN GENERAL.—As soon as practicable, the Secretary
shall complete the conveyance of the Wilmington Harbor North
Disposal Area confined disposal facility, Delaware, to the State
of Delaware.
(2) DEED.—The Secretary shall convey the property under
this subsection by quitclaim deed under such terms and conditions as the Secretary determines appropriate to protect the
interests of the United States.
(3) CONSIDERATION.—The State of Delaware shall pay to
the Secretary an amount that is not less than the fair market
value of the property conveyed under this subsection, as determined by the Secretary.
(e) OHIO RIVER LOCK AND DAM NUMBER 52, MASSAC COUNTY,
ILLINOIS.—
(1) CONVEYANCE AUTHORIZED.—The Secretary shall convey
to the Massac-Metropolis Port District, Illinois, all right, title,
and interest of the United States in and to any real property
located north of the south bank of the Ohio River in Massac
County, Illinois, that is associated with the Ohio River Lock
and Dam 52.
(2) DEED.—The Secretary shall convey the property under
this subsection by quitclaim deed under such terms and conditions as the Secretary determines appropriate to protect the
interests of the United States.
(3) CONSIDERATION.—The Massac-Metropolis Port District,
Illinois, shall pay to the Secretary an amount that is not
less than fair market value of the property conveyed under
this subsection, as determined by the Secretary.
(f) UPPER ST. ANTHONY FALLS LOCK AND DAM, MINNEAPOLIS,
MINNESOTA.—
(1) CONVEYANCE AUTHORIZED.—As soon as practicable after
the date of enactment of this Act, the Secretary shall, upon
request—
(A) convey, without consideration, to the City of Minneapolis, Minnesota, or its designee, all or substantially
all of the real property owned by the United States adjacent
to or in the vicinity of the Upper St. Anthony Falls Lock
and Dam, subject to the right of the Secretary to retain
any easements in such property solely to the extent necessary to continue to operate and maintain the Upper
St. Anthony Falls Lock and Dam; and
(B) provide, without consideration, to the City or its
designee—
(i) access and use rights by license, easement, or
similar agreement, to any real property and structures
at the site of the Upper St. Anthony Falls Lock and
Dam that is not conveyed under subparagraph (A);
and

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134 STAT. 2725

(ii) for any such property retained by the Secretary,
exclusive license or easement over such property to
allow the City or its designee to construct, use, and
operate amenities thereon, and to utilize such property
as a comprehensive recreational, touristic, and
interpretive experience.
(2) OWNERSHIP AND OPERATION OF LOCK AND DAM.—Ownership rights to the Upper St. Anthony Falls Lock and Dam
shall not be conveyed under this subsection, and the Secretary
shall retain all rights to operate and maintain the Upper St.
Anthony Falls Lock and Dam.
(3) REVERSION.—If the Secretary determines that the property conveyed under this subsection is not used for a public
purpose, all right, title, and interest in and to the property
shall revert, at the discretion of the Secretary, to the United
States.
(4) UPPER ST. ANTHONY FALLS LOCK AND DAM DEFINED.—
In this subsection, the term ‘‘Upper St. Anthony Falls Lock
and Dam’’ means the lock and dam located on Mississippi
River Mile 853.9 in Minneapolis, Minnesota.
(g) CLINTON, MISSOURI.—
(1) CONVEYANCE AUTHORIZED.—The Secretary shall convey
to the City of Clinton, Missouri, without consideration, all
right, title, and interest of the United States in and to the
real property described in paragraph (2).
(2) PROPERTY.—The property to be conveyed is a tract
of land situated in the S 1⁄2 of Section 12 and the N 1⁄2 of
Section 13, Township 41 North, Range 26 West of the Fifth
Principal Meridian, Henry County, Missouri, more particularly
described as follows: Beginning at the point of intersection
of the north line of said S 1⁄2 of Section 12 and the easterly
right-of-way of State Highway No. 13; thence easterly along
the north line of said S 1⁄2 to the northeast corner of the
W 1⁄2 NW 1⁄4 NE 1⁄4 SW 1⁄4 of said Section 12; thence southerly
along the east line of said W 1⁄2 NW 1⁄4 NE 1⁄4 SW 1⁄4 to
the southeast corner thereof; thence easterly along the north
line of the S 1⁄2 NE 1⁄4 SW 1⁄4 of said Section 12 to the
southwest corner of the W 1⁄2 NW 1⁄4 NW 1⁄4 SE 1⁄4 of said
Section 12; thence in a northeasterly direction to the northeast
corner of said W 1⁄2 NW 1⁄4 NW 1⁄4 SE 1⁄4 ; thence easterly
along the north line of said S 1⁄2 to the westerly right-ofway of the County Road; thence in a southeasterly and southerly direction along the westerly right-of-way of said County
Road approximately 2500 feet to the center of Deer Creek;
thence in a southwesterly direction along the center of said
Deer Creek, approximately 3900 feet to the south line of said
N 1⁄2 of Section 13; thence westerly along the south line of
said N 1⁄2 to the easterly right-of-way line of the St. LouisSan Francisco Railroad; thence in a northwesterly direction
along the easterly right-of-way of said railroad to the easterly
right-of-way of said State Highway No. 13; thence in a northeasterly direction along the easterly right-of-way of said State
Highway No. 13 to the point of the beginning; and including
a roadway easement for ingress and egress, described as a
strip of land 80 feet in width, lying 40 feet on each side
of the following described line, the initial extremities of the
following described strip being extended or reduced as required

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to exactly adjoin the boundary lines which they meet, situated
in the S 1⁄2 of Section 12, Township 41 North Range 26 West
of the Fifth Principal Meridian, Henry County, Missouri, more
particularly described as follows: Commencing at the center
of said Section 12, thence Sl°24’56’’W, 1265.52 feet to a point,
thence N88°29’02’’W, 483.97 feet to the point of beginning of
the strip of land herein described; thence in a northeasterly
direction along a curve to the right, said curve having an
initial tangent bearing of N3°44’4l’’E, a radius of 238.73 feet
and an interior angle of 61°29’26’’, an arc distance of 256.21
feet to a point; thence N65°14’07’’E 218.58 feet to a point;
thence in a northeasterly direction along a curve to the left,
having a radius of 674.07 feet and an interior angle of 36°00’01’’,
an arc distance of 423.53 feet to a point; thence N29°14’07’’E,
417.87 feet to a point; thence northeasterly along a curve to
the right, having a radius of 818.51 feet and an interior angle
of 14°30’01’’, an arc distance of 207.15 feet to a point; thence
N43°44’07’’E, 57.00 feet to the southerly right-of-way line of
a county road, containing 2,948 acres, more or less; Excluding
therefrom a tract of land situated in the S 1⁄2 of said Section
12, said Township and Range, described as commencing at
the center of said Section 12; thence S1°24’56’’W, 1265.52 feet
to the point of beginning of the tract of land herein described;
thence N88°29’02’’W, 1122.50 feet; thence S1°43’26’’W, 872.62
feet; thence S88°29’02’’E, 1337.36 feet; thence Nl°43’26’’E,
872.62 feet; thence N88°29’02’’W, 214.86 feet to the point of
beginning, containing 26.79 acres, more or less. The above
described tract contains, in the aggregate, 177.69 acres, more
or less.
(3) DEED.—The Secretary shall convey the property under
this subsection by quitclaim deed under such terms and conditions as the Secretary determines appropriate to protect the
interests of the United States.
(4) REVERSION.—If the Secretary determines that the property conveyed under this subsection is not being used for a
public purpose, all right, title, and interest in and to the property shall revert, at the discretion of the Secretary, to the
United States.
(h) CITY OF CLINTON, OLD ORCHARD ADDITION, MISSOURI.—
(1) CONVEYANCE AUTHORIZED.—The Secretary shall convey
to the City of Clinton, Missouri, all right, title, and interest
of the United States in and to the real property described
in paragraph (2).
(2) PROPERTY.—The property to be conveyed is Lot 28 in
Old Orchard Addition, a subdivision of the City of Clinton,
Henry County, Missouri, containing 0.36 acres, more or less,
including any improvements thereon.
(3) DEED.—The Secretary shall convey the property under
this subsection by quitclaim deed under such terms and conditions as the Secretary determines appropriate to protect the
interests of the United States, including such reservations,
terms, and conditions as the Secretary determines necessary
to allow the United States to operate and maintain the Harry
S. Truman Reservoir Project.
(4) CONSIDERATION.—The City of Clinton, Missouri, shall
pay to the Secretary an amount that is not less than the

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fair market value of the property conveyed under this subsection, as determined by the Secretary.
(i) TRI-COUNTY LEVEE DISTRICT, MISSOURI.—
(1) CONVEYANCE AUTHORIZED.—The Secretary shall convey
to the Tri-County Levee District, Missouri, all right, title, and
interest of the United States in and to the real property
described in paragraph (2).
(2) PROPERTY.—The property to be conveyed is the part
of Sections 1 and 12 Township 45 North Range 6 West of
the 5th P.M. in Montgomery County, Missouri, described as
follows: A tract of land being 60’ wide and lying South and
East of and adjoining the centerline of the existing levee and
being described as follows: Commencing at the NW corner
of Section 12, thence S 87° 52’ 35’’ E 587.4’, thence S 01°
29’ 25’’ W 453.68’ to the point of the beginning; said point
being in the center of the levee, thence with the centerline
of the levee N 77° 01’ 30’’ E 164.92’, thence N 74° 26’ 55’’
E 250.0’, thence N 72° 27’ 55’’ E 270.0’, thence N 69° 06’
10’’ E 300.0’, thence N 66° 42’ 15’’ E 500.0’, thence N 64°
14’ 30’’ E 270.0’, thence N 61° 09’ 10’’ E 800.0’, thence N
60° 58’ 15’’ E 1724.45’, thence leaving the centerline S 01°
10’ 35’’ W 69.43’, thence parallel with the above described
centerline S 60° 58’ 15’’ W 1689.62’, thence S 61° 09’ 10’’
W 801.71’, thence S 64° 14’ 30’’ W 272.91’, thence S 66° 42’
15’’ W 502.55’, thence S 69° 06’ 10’’ W 303.02’, thence S 72°
27’ 55’’ W 272.8’, thence S 74° 26’ 55’’ W 252.39’, thence S
77° 01’ 30’’ W 181.75’, thence leaving the South side of the
levee N 01° 26’ 25’’ E 61.96’ to the point of beginning and
containing 5.89 acres more or less.
(3) DEED.—The Secretary shall convey the property under
this subsection by quitclaim deed under such terms and conditions as the Secretary determines appropriate to protect the
interests of the United States.
(4) CONSIDERATION.—The Tri-County Levee District, Missouri, shall pay to the Secretary an amount that is not less
than the fair market value of the property conveyed under
this subsection, as determined by the Secretary.
(j) JUDGE JOSEPH BARKER, JR., HOUSE, OHIO.—
(1) NON-FEDERAL ENTITY.—In this subsection, the term
‘‘non-Federal entity’’ means the Friends of Joseph Barker, Jr.,
House, a nonprofit organization in the State of Ohio.
(2) CONVEYANCE AUTHORIZED.—
(A) IN GENERAL.—Subject to paragraph (6), the Secretary shall convey to the non-Federal entity, without
consideration, all right, title, and interest of the United
States in and to the property described in paragraph (3)(A).
(B) EASEMENT.—Upon conveyance of the property
under subparagraph (A), the Secretary shall provide to
the non-Federal entity, without consideration, an easement
over the property described in paragraph (3)(B) for access
to the conveyed property for as long as the non-Federal
entity is in legal possession of the conveyed property.
(3) DESCRIPTIONS OF PROPERTY.—
(A) IN GENERAL.—The property referred to in paragraph (2)(A) is the following (as in existence on the date
of enactment of this Act):

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PUBLIC LAW 116–260—DEC. 27, 2020
(i) JUDGE JOSEPH BARKER, JR., HOUSE.—The tract
of land situated in the State of Ohio, Washington
County, on the Ohio River, and being particularly
bounded and described as follows: Beginning at a point
located on the southern right-of-way line of Ohio Route
7, a new corner to the land now or formerly owned
by the United States of America; thence, leaving the
right-of-way of said Route 7 and severing the land
of said United States of America parallel to and
approximately 10 feet easterly of the toe of the existing
dredge disposal berm, southeasterly approximately 326
feet to a point prior to the current Corps of Engineers
access to the dredging spoil area; thence, northeasterly
approximately 480 feet paralleling the top of the slope
to the riverbank side of the house and approximately
25 feet northerly therefrom; thence, northwest approximately 302 feet to a point in the southern right-ofway of Ohio Route 7; thence with the right-of-way
of said Route 7, southwesterly approximately 485 feet
to the point of beginning, containing approximately
3.51 acres.
(ii) ROAD TRACT.—The tract of land situated in
the State of Ohio, Washington County, on the Ohio
River, and being particularly bounded and described
as follows: Beginning at a point located on the southern
right-of-way line of Ohio Route 7, a new corner to
the land now or formerly owned by the United States
of America; thence, leaving the right-of-way of said
Route 7 and severing the land of said United States
of America and with the House Parcel southeasterly
25 feet; thence, northeast, running parallel to said
Route 7 right-of-way, approximately 994 feet to a point
of deflection; thence northeasterly 368 feet to a point
beyond the existing fence corner; thence, east 140 feet
to the edge of the existing Willow Island access road;
thence with said access road, northwesterly approximately 62 feet to a point in the southern right-ofway of Ohio Route 7; thence with the right-of-way
of said Route 7, southwesterly approximately 1,491
feet to the point of beginning, containing approximately
1 acre.
(B) EASEMENT.—The property referred to in paragraph
(2)(B) is the following: The tract of land situated in the
State of Ohio, Washington County, on the Ohio River,
and being particularly bounded and described as follows:
Beginning at a point at the intersection of the southern
right-of-way of Ohio Route 7 and the northeast side of
the existing Willow Island access road, a new corner to
the land now or formerly owned by the United States
of America; thence, southwest, running with said Route
7 right-of-way, approximately 30 feet to a point on the
southwest side of the existing access road, and corner to
the road tract; thence with said access road and the line
of the road parcel, southeasterly approximately 62 feet
to a point; thence leaving the road parcel and crossing
the existing access road northeasterly approximately 30
feet to a point located on the northeast side of the existing

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134 STAT. 2729

access road; thence, northwesterly approximately 62 feet,
to the point of beginning, containing approximately 0.04
acre.
(4) DEED.—The Secretary shall convey the property under
this subsection by quitclaim deed under such terms and conditions as the Secretary determines appropriate to protect the
interests of the United States.
(5) REVERSION.—If the Secretary determines that the property conveyed under this subsection is not being used by the
non-Federal entity for a public purpose, all right, title, and
interest in and to the property shall revert, at the discretion
of the Secretary, to the United States.
(6) REQUIREMENTS.—
(A) IMPROVEMENTS; ENVIRONMENTAL ASSESSMENT.—
(i) IMPROVEMENTS.—The Secretary shall make
such improvements and alterations to the property
described in paragraph (3)(A)(i) as the Secretary, in
consultation with the non-Federal entity and relevant
stakeholders, determines to be appropriate to facilitate
conveyance of the property and provision of the easement under this subsection.
(ii) ENVIRONMENTAL ASSESSMENT.—Before making
a conveyance under paragraph (2), the Secretary
shall—
(I) conduct, with respect to the property to
be conveyed, an assessment of the environmental
condition of the property, including an investigation of any potential hazardous, toxic, or radioactive waste present on such property; and
(II) submit to the non-Federal entity a report
describing the results of such assessment.
(iii) LIMITATION.—The total cost of the activities
carried out by the Secretary under this subparagraph
shall be not more than $120,000.
(B) REFUSAL BY NON-FEDERAL ENTITY.—
(i) IN GENERAL.—Upon review by the non-Federal
entity of the report under subparagraph (A)(ii), the
non-Federal entity may elect to refuse the conveyance
under this subsection.
(ii) ELECTION.—An election under clause (i)—
(I) shall be at the sole discretion of the nonFederal entity; and
(II) shall be made by the non-Federal entity
by not later than the date that is 30 days after
the date of submission of the report under subparagraph (A)(ii)(II).
(C) DREDGED MATERIAL PLACEMENT ACTIVITIES.—The
Secretary shall—
(i) notify and coordinate with the non-Federal
entity and relevant stakeholders before carrying out
any dredged material placement activities associated
with the property described in paragraph (3)(A) after
the date on which such property is conveyed under
this subsection; and

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Consultation.

Investigation.

Reports.

Deadline.

Notification.
Coordination.

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(ii) in carrying out a dredged material placement
activity under clause (i), act in accordance with Engineer Manual EM 1110–2–5025 (or a subsequent
version of that manual).
(7) RESERVATION OF RIGHTS.—The Secretary may reserve
and retain from any conveyance under this subsection a rightof-way or any other right that the Secretary determines to
be necessary for the operation and maintenance of the authorized Federal channel along the Ohio River.
(8) TREATMENT.—Conveyance to the non-Federal entity
under this subsection of property described in paragraph
(3)(A)(i) shall satisfy all obligations of the Secretary with respect
to such property under—
(A) section 306101 of title 54, United States Code;
and
(B) section 306108 of title 54, United States Code,
with respect to the effects on the property of dredged
material placement activities carried out by the Secretary
after the date of the conveyances.
(9) INAPPLICABILITY.—Subtitle I of title 40, and chapter
4 of title 41, United States Code shall not apply to any conveyance or easement provided under this subsection.
(k) LEABURG FISH HATCHERY, LANE COUNTY, OREGON.—
(1) CONVEYANCE AUTHORIZED.—Subject to the provisions
of this subsection, the Secretary shall convey, without consideration, to the State of Oregon, acting through the Oregon Department of Fish and Wildlife, all right, title, and interest of the
United States in and to the real property comprising the
Leaburg Fish Hatchery, consisting of approximately 21.55 acres,
identified as tracts Q–1500, Q–1501E, and 300E–1 and
described in Department of the Army Lease No. DACW57–
1–18–0009, together with any improvements on the property.
(2) WATER RIGHTS.—The Secretary may transfer to the
State of Oregon, acting through the Oregon Department of
Fish and Wildlife, any water rights held by the United States
that are appurtenant to the property conveyed under this subsection.
(3) DEED.—The Secretary shall convey the property under
this subsection by quitclaim deed under such terms and conditions as the Secretary determines appropriate to protect the
interests of the United States, including a condition that all
of the property conveyed under this subsection be used and
maintained by the State of Oregon for the purpose of operating
a fish hatchery in perpetuity.
(4) REVERSION.—If the Secretary determines that the property conveyed under this subsection is not being used or maintained by the State of Oregon for the purpose of operating
a fish hatchery in perpetuity, all or any portion of the property,
including any water rights transferred under this subsection,
shall, at the option of the Secretary, revert to the United
States.
(5) SAVINGS CLAUSE.—If the State of Oregon does not accept
the conveyance under this subsection, the Secretary may dispose of the property, including appurtenant water rights, under
subchapter III of chapter 5 of title 40, United States Code.
(l) WILLAMETTE FALLS LOCKS, WILLAMETTE RIVER, OREGON.—
(1) DEFINITIONS.—In this section:

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134 STAT. 2731

(A) REAL ESTATE APPENDIX.—The term ‘‘real estate
appendix’’ means Appendix A of the document published
by the District Commander of the Portland District of
the Corps of Engineers, titled ‘‘Willamette Falls Locks
Willamette River Oregon Section 216 Disposition Study
with Integrated Environmental Assessment’’.
(B) RECEIVING ENTITY.—The term ‘‘receiving entity’’
means an entity identified by the State of Oregon, in consultation with the Willamette Falls Locks Commission, to
receive the conveyance under paragraph (2).
(C) WILLAMETTE FALLS LOCKS PROJECT.—The term
‘‘Willamette Falls Locks project’’ means the project for
navigation, Willamette Falls Locks, Willamette River,
Oregon, authorized by the Act of June 25, 1910 (36 Stat.
664, chapter 382).
(D) WILLAMETTE FALLS LOCKS REPORT.—The term
‘‘Willamette Falls Locks report’’ means the memorandum
of the Director of Civil Works with the subject ‘‘Willamette
Falls Locks (WFL), Willamette River Oregon Section 216
Disposition Study with Integrated Environmental Assessment (Study)’’, dated July 11, 2019.
(2) CONVEYANCE AUTHORIZED.—The Secretary is authorized
to convey to the receiving entity, without consideration, all
right, title, and interest of the United States in and to any
land in which the Federal Government has a property interest
for the Willamette Falls Locks project, together with any
improvements on the land, subject to the requirements of this
subsection and in accordance with the Willamette Falls Locks
report.
(3) DEED.—The Secretary shall convey the property under
this subsection by quitclaim deed under such terms and conditions as the Secretary determines appropriate to protect the
interests of the United States.
(4) SUBJECT TO EXISTING EASEMENTS AND OTHER
INTERESTS.—The conveyance of property under paragraph (2)
shall be subject to all existing deed reservations, easements,
rights-of-way, and leases that are in effect as of the date of
the conveyance.
(5) REVERSION.—If the Secretary determines that the property conveyed under this subsection cease to be held in public
ownership, all right, title, and interest in and to the property
shall revert, at the discretion of the Secretary, to the United
States.
(6) REQUIREMENTS BEFORE CONVEYANCE.—
(A) PERPETUAL ROAD EASEMENT.—Before making the
conveyance under paragraph (2), the Secretary shall
acquire a perpetual road easement from an adjacent property owner for use of an access road, which easement
shall convey with the property conveyed under such paragraph.
(B) ENVIRONMENTAL COMPLIANCE.—Before making the
conveyance under paragraph (2), in accordance with the
real estate appendix, the Secretary shall complete a Phase
1 Environmental Site Assessment pursuant to the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.).

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PUBLIC LAW 116–260—DEC. 27, 2020
(C) HISTORIC PRESERVATION.—The Secretary may enter
into a memorandum of agreement with the Oregon State
Historic Preservation Office and the Advisory Council on
Historic Preservation that identifies actions the Secretary
shall take before making the conveyance under paragraph
(2).
(D) REPAIRS.—Before making the conveyance under
paragraph (2), the Secretary shall carry out repairs to
address primary seismic and safety risks in accordance
with the recommendations approved in the Willamette
Falls Locks report.
(7) DEAUTHORIZATION.—Beginning on the date on which
the Secretary makes the conveyance under paragraph (2), the
Willamette Falls Locks project is no longer authorized.

Memorandum.

Effective date.

SEC. 357. LAKE EUFAULA ADVISORY COMMITTEE.

Section 3133(b) of the Water Resources Development Act of
2007 (121 Stat. 1141) is amended by adding at the end the following:
‘‘(5) TERMINATION.—The committee shall terminate on the
date that is 30 days after the date on which the committee
submits final recommendations to the Secretary.’’.
SEC. 358. REPEAL OF MISSOURI RIVER TASK FORCE, NORTH DAKOTA.

(a) IN GENERAL.—Section 705 of the Water Resources Development Act of 2000 (114 Stat. 2696) is repealed.
(b) CONFORMING AMENDMENTS.—
(1) PURPOSES.—Section 702(b)(3) of the Water Resources
Development Act of 2000 (114 Stat. 2695) is amended by
inserting ‘‘prepared under section 705(e) (as in effect on the
day before the date of enactment of the Water Resources
Development Act of 2020)’’ before the period at the end.
(2) DEFINITIONS.—Section 703 of the Water Resources
Development Act of 2000 (114 Stat. 2695) is amended—
(A) by striking paragraphs (2) and (4); and
(B) by redesignating paragraphs (3) and (5) as paragraphs (2) and (3), respectively.
SEC. 359. REPEAL OF MISSOURI RIVER TASK FORCE, SOUTH DAKOTA.

(a) IN GENERAL.—Section 905 of the Water Resources Development Act of 2000 (114 Stat. 2709) is repealed.
(b) CONFORMING AMENDMENTS.—
(1) PURPOSES.—Section 902(b)(3) of the Water Resources
Development Act of 2000 (114 Stat. 2708) is amended by
inserting ‘‘prepared under section 905(e) (as in effect on the
day before the date of enactment of the Water Resources
Development Act of 2020)’’ before the period at the end.
(2) DEFINITIONS.—Section 903 of the Water Resources
Development Act of 2000 (114 Stat. 2708) is amended—
(A) by striking paragraphs (2) and (4); and
(B) by redesignating paragraphs (3) and (5) as paragraphs (2) and (3), respectively.

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Repeals.

SEC. 360. CONFORMING AMENDMENTS.

(a) Section 710 of the Water Resources Development Act of
1986 (33 U.S.C. 2264), and the item relating to such section in
the table of contents, are repealed.
(b) Section 1001 of the Water Resources Development Act of
1986 (33 U.S.C. 579a) is amended—

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134 STAT. 2733

(1) in subsection (b), by striking paragraph (2) and redesignating paragraph (3) as paragraph (2); and
(2) by striking subsection (c).
(c) Section 1001 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282c) is amended—
(1) in subsection (d)—
(A) in paragraph (1), by striking ‘‘Notwithstanding the
requirements of subsection (c), the Secretary’’ and inserting
‘‘The Secretary’’;
(B) by striking ‘‘subsections (a) and (c)’’ each place
it appears and inserting ‘‘subsection (a)’’; and
(C) by striking paragraph (4); and
(2) by striking subsection (c) and redesignating subsections
(d) through (g) as subsections (c) through (f), respectively.
(d) Section 6003 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 579c), and the item relating to such
section in the table of contents, are repealed.
(e) Section 1301 of the Water Resources Development Act of
2016 (33 U.S.C. 579d), and the item relating to such section in
the table of contents, are repealed.
(f) Section 1302 of the Water Resources Development Act of
2016 (33 U.S.C. 579c–1), and the item relating to such section
in the table of contents, are repealed.
(g) Section 1301 of the Water Resources Development Act of
2018 (33 U.S.C. 579d–1), and the item relating to such section
in the table of contents, are repealed.
(h) Section 1302 of the Water Resources Development Act of
2018 (33 U.S.C. 579c–2), and the item relating to such section
in the table of contents, are repealed.

TITLE IV—WATER RESOURCES
INFRASTRUCTURE
SEC. 401. PROJECT AUTHORIZATIONS.

The following projects for water resources development and
conservation and other purposes, as identified in the reports titled
‘‘Report to Congress on Future Water Resources Development’’ submitted to Congress pursuant to section 7001 of the Water Resources
Reform and Development Act of 2014 (33 U.S.C. 2282d) or otherwise
reviewed by Congress, are authorized to be carried out by the
Secretary substantially in accordance with the plans, and subject
to the conditions, described in the respective reports or decision
documents designated in this section:
(1) NAVIGATION.—

A. State

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1. AK

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B.
Name

Port of Nome
Modifications

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Date of
Report of
Chief of Engineers

May 29,
2020

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D.
Estimated
Costs

Federal: $378,908,000
Non-Federal: $126,325,000
Total: $505,233,000

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134 STAT. 2734

PUBLIC LAW 116–260—DEC. 27, 2020

B.
Name

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A. State

C.
Date of
Report of
Chief of Engineers

D.
Estimated
Costs

2. AK

St. George Harbor Improvement, St.
George

August 13,
2020

Federal: $147,874,000
Non-Federal: $16,508,000
Total: $164,382,000

3. AK

Unalaska (Dutch
Harbor) Channels

February 7,
2020

Federal: $26,967,000
Non-Federal: $8,989,000
Total: $35,956,000

4. CT

New Haven Harbor Navigation
Improvement
Project

May 7, 2020

Federal: $55,250,000
Non-Federal: $19,442,000
Total: $74,692,000

5. NY,
NJ

New York and
New Jersey
Harbor Anchorages

April 23,
2020

Federal: $19,550,000
Non-Federal: $6,520,000
Total: $26,070,000

6. TX

Gulf Intracoastal
Waterway,
Brazos River
Floodgates and
Colorado River
Locks

October 23,
2019

Total: $414,144,000

7. TX

Houston Ship
Channel Expansion Channel Improvement Project,
Harris, Chambers, and Galveston Counties

April 23,
2020

Federal: $625,204,000
Non-Federal: $260,431,000
Total: $885,635,000

8. TX

Matagorda Ship
Channel Improvement
Project, Port
Lavaca

November
15, 2019

Federal: $140,156,000
Non-Federal: $80,500,000
Total: $220,656,000

9. VA

Atlantic Intracoastal Waterway, North
Landing
Bridge Replacement

August 25,
2020

Federal: $102,755,000
Non-Federal: $0
Total: $102,755,000

(2) FLOOD RISK MANAGEMENT.—

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A. State

VerDate Sep 11 2014

B.
Name

C.
Date of
Report of
Chief of Engineers

D.
Estimated
Costs

1. AZ

Little Colorado
River at Winslow, Navajo
County

December
14, 2018

Federal: $54,260,000
Non-Federal: $29,217,000
Total: $83,477,000

2. CA

Westminster,
East Garden
Grove, California Flood
Risk Management

July 9, 2020

Federal: $324,905,000
Non-Federal: $940,191,000
Total: $1,265,096,000

3. CT,
NY

Westchester
County
Streams,
Byram River
Basin, Fairfield County,
Connecticut,
and Westchester County, New York

May 7, 2020

Federal: $15,199,000
Non-Federal: $15,199,000
Total: $30,397,000

4. KY

Louisville Metropolitan Flood
Protection System Reconstruction, Jefferson and
Bullitt Counties

October 27,
2020

Federal: $122,170,000
Non-Federal: $65,917,000
Total: $188,087,000

5. ND

Souris River
Basin Flood
Risk Management

April 16,
2019

Federal: $59,582,915
Non-Federal: $32,364,085
Total: $91,947,000

6. NJ

Peckman River
Basin

April 29,
2020

Federal: $98,137,000
Non-Federal: $52,843,000
Total: $150,980,000

7. NM

Middle Rio
Grande Flood
Protection,
Bernalillo to
Belen

March 13,
2020

Federal: $201,944,451
Non-Federal: $108,740,000
Total: $310,684,000

8. OK

Tulsa and WestTulsa Levee
System, Tulsa
County

April 23,
2020

Federal: $89,311,000
Non-Federal: $48,091,000
Total: $137,402,000

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134 STAT. 2736

PUBLIC LAW 116–260—DEC. 27, 2020

B.
Name

A. State

C.
Date of
Report of
Chief of Engineers

D.
Estimated
Costs

9. PR

Rio Culebrinas at
Aguiadilla and
Aguada

August 17,
2020

Federal: $17,295,600
Non-Federal: $8,568,400
Total: $25,864,000

10. PR

Rio Guayanilla
Flood Risk
Management,
Guayanilla

August 13,
2020

Federal: $103,422,000
Non-Federal: $55,689,000
Total: $159,111,000

11. PR

Rio Grande de
Manati Flood
Risk Management, Ciales

November
18, 2020

Federal: $9,770,000
Non-Federal: $4,520,000
Total: $14,290,000

12.
USVI

Savan Gut, St.
Thomas

August 24,
2020

Federal: $48,658,100
Non-Federal: $25,455,900
Total: $74,114,000

13.
USVI

Turpentine Run,
St. Thomas

August 17,
2020

Federal: $29,817,850
Non-Federal: $15,311,150
Total: $45,129,000

(3) HURRICANE AND STORM DAMAGE RISK REDUCTION.—

A.
State

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1. DE

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Name

Delaware Beneficial Use of
Dredged Material for the
Delaware
River

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C.
Date of
Report of
Chief of
Engineers
March 6,
2020

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D.
Estimated
Costs

Initial Federal:
$66,464,000
Initial Non-Federal:
$35,789,000
Total: $102,253,000
Renourishment Federal:
$120,023,000
Renourishment NonFederal: $120,023,000
Renourishment Total:
$240,046,000

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PUBLIC LAW 116–260—DEC. 27, 2020

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A.
State

VerDate Sep 11 2014

C.
Date of
Report of
Chief of
Engineers

B.
Name

134 STAT. 2737

D.
Estimated
Costs

2. NJ

New Jersey
Beneficial
Use of
Dredged Material for the
Delaware
River

April 8,
2020

Initial Federal:
$84,071,000
Initial Non-Federal:
$45,270,000
Total: $129,341,000
Renourishment Federal:
$85,495,000
Renourishment NonFederal: $85,495,000
Renourishment Total:
$170,990,000

3. NJ

Rahway River
Basin, New
Jersey
Coastal
Storm Risk
Management

June 9,
2020

Federal: $48,322,000
Non-Federal:
$26,020,000
Total: $74,342,000

4. NJ

Raritan Bay
and Sandy
Hook Bay,
Highlands

August 25,
2020

Federal: $107,680,000
Non-Federal:
$57,981,000
Total: $165,661,000

5. NY

East Rockaway
Inlet to
Rockaway
Inlet and Jamaica Bay,
Atlantic
Coast of New
York

August 22,
2019

Initial Federal:
$638,460,000
Initial Non-Federal: $0
Total: $638,460,000
Renourishment Federal:
$200,924,000
Renourishment NonFederal: $200,924,000
Renourishment Total:
$401,847,000

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134 STAT. 2738

PUBLIC LAW 116–260—DEC. 27, 2020

A.
State

C.
Date of
Report of
Chief of
Engineers

B.
Name

D.
Estimated
Costs

6. NY

Fire Island
Inlet to
Montauk
Point, New
York Reformulation

July 9,
2020

Initial Federal:
$1,576,790,000
Initial Non-Federal: $0
Total: $1,576,790,000
Renourishment Federal:
$767,695,000
Renourishment NonFederal: $767,695,000
Renourishment Total:
$1,535,390,000

7. NY

Hashamomuck
Cove Coastal
Storm Risk
Management

December
9, 2019

Initial Federal:
$11,920,000
Initial Non-Federal:
$6,418,000
Total: $18,338,000
Renourishment Federal:
$24,237,000
Renourishment NonFederal: $24,237,000
Renourishment Total:
$48,474,000

8. RI

Pawcatuck
River Coastal Storm
Risk Management
Project

December
19, 2018

Federal: $37,679,000
Non-Federal:
$20,289,000
Total: $57,968,000

9. VA

Norfolk Coastal Storm
Risk Management

February
5, 2019

Federal: $942,920,000
Non-Federal:
$507,730,000
Total: $1,450,650,000

(4) FLOOD

RISK MANAGEMENT AND ECOSYSTEM RESTORA-

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TION.—

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PUBLIC LAW 116–260—DEC. 27, 2020
C.
Date of
Report of
Chief of Engineers

B.
Name

A. State

1. CO

South Platte
River and Tributaries, Adams
and Denver
Counties

July 29,
2019

134 STAT. 2739

D.
Estimated
Costs

Federal: $344,076,000
Non-Federal: $206,197,000
Total: $550,273,000

(5) ECOSYSTEM RESTORATION.—

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A. State

VerDate Sep 11 2014

C.
Date of
Report of
Chief of Engineers

B.
Name

D.
Estimated
Costs

1. CA

Delta Islands
and Levees

December
18, 2018

Federal: $17,251,000
Non-Federal: $9,289,000
Total: $26,540,000

2. CA

Malibu Creek
Ecosystem Restoration, Los
Angeles and
Ventura Counties

November
13, 2020

Federal: $172,249,000
Non-Federal: $106,960,000
Total: $279,209,000

3. CA

Yuba River Ecosystem Restoration

June 20,
2019

Federal: $66,975,000
Non-Federal: $36,064,000
Total: $103,039,000

4. CO,
NM,
TX

Rio Grande, Environmental
Management
Program,
Sandia Pueblo
to Isleta Pueblo, New Mexico, Ecosystem
Restoration

August 5,
2019

Federal: $16,998,000
Non-Federal: $9,153,000
Total: $26,151,000

5. FL

Comprehensive
Everglades
Restoration
Plan,
Loxahatchee
River Watershed Restoration Project,
Martin and
Palm Beach
Counties

April 8,
2020

Federal: $379,583,000
Non-Federal: $375,737,000
Total: $755,320,000

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134 STAT. 2740

PUBLIC LAW 116–260—DEC. 27, 2020

B.
Name

A. State

C.
Date of
Report of
Chief of Engineers

D.
Estimated
Costs

6. IA,
MO

Grand River
Basin Ecosystem Restoration

November
18, 2020

Federal: $78,876,000
Non-Federal: $42,471,000
Total: $121,347,000

7. IL

The Great Lakes
and Mississippi
River
Interbasin
Study - Brandon Road, Will
County

May 23,
2019

Federal: $557,730,550
Non-Federal: $300,316,450
Total: $858,047,000

8. IL

South Fork of the
South Branch
of the Chicago
River, Bubbly
Creek, Ecosystem Restoration

July 9, 2020

Federal: $11,657,000
Non-Federal: $6,277,000
Total: $17,934,000

9. MD

Anacostia Watershed Restoration, Prince
George’s County

December
19, 2018

Federal: $25,866,750
Non-Federal: $13,928,250
Total: $39,795,000

10. MO

St. Louis
RiverfrontMeramec River
Basin Ecosystem Restoration

November
1, 2019

Federal: $61,362,893
Non-Federal: $33,042,107
Total: $94,405,000

11. NY,
NJ

Hudson-Raritan
Estuary Ecosystem Restoration

May 26,
2020

Federal: $273,933,000
Non-Federal: $147,502,000
Total: $421,435,000

12. NY

Hudson River
Habitat Restoration

November
19, 2020

Federal: $33,479,000
Non-Federal: $11,159,000
Total: $44,638,000

13. TX

Jefferson County
Ecosystem Restoration

September
12, 2019

Federal: $38,942,000
Non-Federal: $20,969,000
Total: $59,911,000

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(6) WATER SUPPLY.—

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PUBLIC LAW 116–260—DEC. 27, 2020
C.
Date of
Report of
Chief of Engineers

B.
Name

A. State

1. OR

Willamette River
Basin Review
Reallocation,

December
18, 2019

134 STAT. 2741

D.
Estimated
Costs

Federal: $0
Non-Federal: $0
Total: $0

(7) MODIFICATIONS AND OTHER PROJECTS.—

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A. State

VerDate Sep 11 2014

C.
Date of
Decision
Document

B.
Name

D.
Estimated
Costs

1. CA

San Luis Rey
Flood Control
Project, San
Diego County

July 24,
2020

Federal: $143,407,500
Non-Federal: $47,802,500
Total: $191,210,000

2. FL

Caloosahatchee
River West
Basin Storage
Reservoir (C-43
WBSR)

July 24,
2020

Federal: $514,999,000
Non-Federal: $514,999,000
Total: $1,029,998,000

3. FL

Central and
Southern Florida, Canal 111
(C-111) South
Dade Project

September
15, 2020

Federal: $66,736,500
Non-Federal: $66,736,500
Total: $133,473,000

4. KY

Kentucky Lock

June 9,
2020

Total: $1,166,809,000

5. NC

Carolina Beach
Integrated
Beach Renourishment

June 16,
2020

Federal: $25,125,000
Non-Federal: $25,125,000
Total: $50,250,000

6. NC

Wrightsville
Beach

July 2, 2020

Federal: $60,068,000
Non-Federal: $18,486,000
Total: $78,554,000
Renourishment Federal:
$18,918,900
Renourishment Non-Federal: $10,187,100
Renourishment Total:
$29,106,000

7. TX

Corpus Christi
Ship Channel,
Deepening and
Widening and
Barge Shelves

May 4, 2020

Federal: $406,343,000
Non-Federal: $275,274,000
Total: $681,617,000

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134 STAT. 2742

PUBLIC LAW 116–260—DEC. 27, 2020

A. State

8. VA

B.
Name

Atlantic Intracoastal Waterway Deep
Creek Bridge
Replacement

C.
Date of
Decision
Document

October 19,
2020

D.
Estimated
Costs

Federal: $59,500,000
Non-Federal: $0
Total: $59,500,000

SEC. 402. SPECIAL RULES.

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Time period.

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(a) GREAT LAKES AND MISSISSIPPI RIVER INTERBASIN PROJECT,
BRANDON ROAD, WILL COUNTY, ILLINOIS.—The Secretary shall carry
out the project for ecosystem restoration, Great Lakes and Mississippi River Interbasin project, Brandon Road, Will County,
Illinois, authorized by section 401 of this Act, substantially in
accordance with the terms and conditions described in the Report
of the Chief of Engineers, dated May 23, 2019, with the following
modifications:
(1) The Federal share of the cost of construction shall
be 80 percent.
(2) The Secretary may include the addition or substitution
of technologies or measures not described in the report, as
the Secretary determines to be advisable.
(b) EAST ROCKAWAY INLET TO ROCKAWAY INLET AND JAMAICA
BAY REFORMULATION, NEW YORK.—The project for hurricane and
storm damage reduction, East Rockaway Inlet to Rockaway Inlet
and Jamaica Bay, Atlantic Coast of New York, authorized by section
401 of this Act, shall be considered to be a continuation of the
interim response to the authorization by the House of Representatives dated September 20, 1997, and the authorization under the
heading ‘‘Department of the Army—Corps of Engineers—Civil—
Construction’’ under chapter 4 of title X of the Disaster Relief
Appropriations Act, 2013 (127 Stat. 24).
(c) TULSA AND WEST-TULSA LEVEE SYSTEM, TULSA COUNTY,
OKLAHOMA.—For the project for flood risk management, Tulsa and
West-Tulsa Levee System, Tulsa County, Oklahoma, authorized
by section 401 of this Act, the non-Federal contribution for the
project shall be financed over a period of 30 years from the date
of completion of the project, in accordance with section 103(k)
of the Water Resources Development Act of 1986 (33 U.S.C.
2213(k)).
(d) WILLAMETTE RIVER BASIN REVIEW REALLOCATION STUDY.—
The Secretary shall carry out the project for water supply, Willamette River Basin Review Reallocation, Oregon, authorized by section
401 of this Act, substantially in accordance with the terms and
conditions described in the Report of the Chief of Engineers, dated
December 18, 2019, with the following modifications:
(1) The Secretary shall meet the obligations of the Corps
of Engineers under the Endangered Species Act of 1973 by
complying with the June 2019 NMFS Willamette Basin Review
Study Biological Opinion Reasonable and Prudent Alternative
until such time, if any, as it is modified or replaced, in whole
or in part, through the consultation process under section 7(a)
of the Endangered Species Act of 1973.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2743

(2) The Secretary may reallocate not more than 10 percent
of overall storage in the joint conservation pool, as authorized
by this Act and without further congressional action, if such
reallocation is consistent with the ongoing consultation under
section 7(a) of the Endangered Species Act of 1973 related
to Willamette Valley System operations.
(3) The Secretary shall ensure that the revised reallocation
is not reallocated from a single storage use, does not seriously
affect authorized project purposes, and does not otherwise
involve major operational changes to the project.
(e) CANO MARTIN PENA, SAN JUAN, PUERTO RICO.—Section
5127 of the Water Resources Development Act of 2007 (121 Stat.
1242) is amended by striking ‘‘ $150,000,000’’ and inserting ‘‘
$255,816,000’’.

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SEC. 403. AUTHORIZATION OF PROJECTS BASED ON FEASIBILITY
STUDIES PREPARED BY NON-FEDERAL INTERESTS.

(a) IN GENERAL.—The Secretary is authorized to carry out
the following projects for water resources development and conservation and other purposes, subject to subsection (b):
(1) FORT PIERCE, ST. LUCIE COUNTY, FLORIDA.—The project
for hurricane and storm damage reduction, Fort Pierce, St.
Lucie County, Florida, as described in the review assessment
of the Secretary, titled ‘‘Review Assessment of St. Lucie County,
Florida Fort Pierce Shore Protection Project Section 203
Integrated Feasibility Study and Environmental Assessment
(June 2018)’’ and dated July 2018, at a total cost of $33,107,639,
and at an estimated total cost of $97,958,972 for periodic
nourishment over the 50-year life of the project.
(2) BAPTISTE COLLETTE BAYOU, LOUISIANA.—The project for
navigation, Baptiste Collette Bayou, Louisiana, as described
in the review assessment of the Secretary, titled ‘‘Review
Assessment of Plaquemines Parish Government’s Section 203
Study Baptiste Collette Bayou Navigation Channel Deepening
Project Integrated Feasibility Study and Environmental Assessment (January 2017, Amended April 2018)’’ and dated June
2018, at a total cost of $44,920,000.
(3) HOUMA NAVIGATION CANAL, LOUISIANA.—The project for
navigation, Houma Navigation Canal, Louisiana, as described
in the review assessment of the Secretary, titled ‘‘Review
Assessment of Houma Navigation Canal Deepening Project Section 203 Integrated Feasibility Report and DRAFT Environmental Impact Statement (June 2018)’’ and dated July 2018,
at a total cost of $253,458,000.
(4) PORT FOURCHON BELLE PASS CHANNEL, LOUISIANA.—
The project for navigation, Port Fourchon Belle Pass Channel,
Louisiana, as described in the review assessment of the Secretary, titled ‘‘Review Assessment of Port Fourchon Belle Pass
Channel Deepening Project Section 203 Feasibility Study
(January 2019, revised January 2020)’’ and dated April 2020,
at a total cost of $95,483,000.
(5) WILMINGTON HARBOR, NORTH CAROLINA.—The project
for navigation, Wilmington Harbor, North Carolina, as
described in the review assessment of the Secretary, titled
‘‘Review Assessment of Wilmington Harbor, North Carolina
Navigation Improvement Project Integrated Section 203 Study

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134 STAT. 2744

PUBLIC LAW 116–260—DEC. 27, 2020

& Environmental Report (February 2020)’’ and dated May 2020,
at a total cost of $834,093,000.
(6) CHACON CREEK, TEXAS.—The project for flood risk
management, ecosystem restoration, and other purposes,
Chacon Creek, Texas, as described in the review assessment
of the Secretary, titled ‘‘Review Assessment of Chacon Creek,
Texas Section 203 Integrated Feasibility Report and DRAFT
Environmental Assessment (August 2018)’’ and dated September 2018, at a total cost of $51,973,000.
(b) REQUIREMENTS.—The Secretary may only carry out a project
authorized under subsection (a)—
(1) substantially in accordance with the applicable review
assessment for the project submitted by the Secretary under
section 203(c) of the Water Resources Development Act of 1986,
as identified in subsection (a) of this section, and subject to
such modifications or conditions as the Secretary considers
appropriate and identifies in a final assessment that addresses
the concerns, recommendations, and conditions identified by
the Secretary in the applicable review assessment; and
(2) after the Secretary transmits to the Committee on
Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works
of the Senate such final assessment.

Assessment.

TITLE V—OTHER MATTERS
33 USC 610 note.

SEC. 501. UPDATE ON INVASIVE SPECIES POLICY GUIDANCE.

(a) IN GENERAL.—The Secretary shall periodically update the
Invasive Species Policy Guidance, developed under section 104 of
the River and Harbor Act of 1958 (33 U.S.C. 610) and the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16
U.S.C. 4701 et seq.), in accordance with the most recent National
Invasive Species Council Management Plan developed pursuant
to Executive Order 13112.
(b) INCLUSION.—The Secretary may include in the updated
guidance invasive species specific efforts at federally authorized
water resources development projects located in—
(1) high-altitude lakes; and
(2) the Tennessee and Cumberland River basins.

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SEC. 502. AQUATIC INVASIVE SPECIES RESEARCH.

Section 1108 of the Water Resources Development Act of 2018
(33 U.S.C. 2263a) is amended—
(1) in subsection (a)—
(A) by striking ‘‘management’’ and inserting ‘‘prevention, management,’’; and
(B) by inserting ‘‘, elodea, quagga mussels,’’ after
‘‘Asian carp’’; and
(2) in subsection (b)—
(A) by inserting ‘‘or could be impacted in the future’’
after ‘‘impacted’’; and
(B) by striking ‘‘Pacific’’ and all that follows through
the period at the end and inserting ‘‘Pacific, Arctic, and
Gulf Coasts, the Great Lakes, and reservoirs operated and
maintained by the Secretary.’’.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2745

SEC. 503. TERRESTRIAL NOXIOUS WEED CONTROL PILOT PROGRAM.

33 USC 610 note.

(a) IN GENERAL.—The Secretary shall carry out a pilot program,
in consultation with the Federal Interagency Committee for the
Management of Noxious and Exotic Weeds, to identify and develop
new and improved strategies for terrestrial noxious weed control
on Federal land under the jurisdiction of the Secretary.
(b) PARTNERSHIPS.—In carrying out the pilot program under
subsection (a), the Secretary shall act in partnership with such
other individuals and entities as the Secretary determines to be
appropriate.
(c) COOPERATIVE AGREEMENTS.—The Secretary may utilize
cooperative agreements with county and State agencies for the
implementation of the pilot program under subsection (a).
(d) REPORT TO CONGRESS.—Not later than 2 years after the
date of enactment of this Act, the Secretary shall provide to the
Committee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the House
of Representatives a report describing the new and improved strategies developed through the pilot program under subsection (a).

Consultation.

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SEC. 504. INVASIVE SPECIES RISK ASSESSMENT, PRIORITIZATION, AND
MANAGEMENT.

Section 528(f)(2) of the Water Resources Development Act of
1996 (110 Stat. 3771) is amended—
(1) by redesignating subparagraphs (I) and (J) as subparagraphs (J) and (K), respectively;
(2) by inserting after subparagraph (H) the following:
‘‘(I) shall, using existing amounts appropriated to the
Task Force, develop and update, as appropriate, a priority
list of invasive species that—
‘‘(i) reflects an assessment of ecological risk that
the listed invasive species represent;
‘‘(ii) includes populations of invasive plants and
animals that—
‘‘(I) are significantly impacting the structure
and function of ecological communities, native species, or habitat within the South Florida ecosystem; or
‘‘(II) demonstrate a strong potential to reduce,
obscure, or otherwise alter key indicators used to
measure Everglades restoration progress; and
‘‘(iii) shall be used by the Task Force and agencies
and entities represented on the Task Force to focus
cooperative and collaborative efforts—
‘‘(I) to guide applied research;
‘‘(II) to develop innovative strategies and tools
to facilitate improved management, control, or
eradication of listed invasive species;
‘‘(III) to implement specific management, control, or eradication activities at the appropriate
periodicity and intensity necessary to reduce or
neutralize the impacts of listed invasive species,
including the use of qualified skilled volunteers
when appropriate; and
‘‘(IV) to develop innovative strategies and tools
to prevent future introductions of nonnative species;’’;

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134 STAT. 2746

PUBLIC LAW 116–260—DEC. 27, 2020
(3) in subparagraph (J) (as so redesignated), by striking
‘‘ecosystem’’ and inserting ‘‘ecosystem, including the activities
described in subparagraph (I)’’; and
(4) in clause (i) of subparagraph (K) (as so redesignated),
by inserting ‘‘, including the priority list under subparagraph
(I) and the activities described in that subparagraph’’ after
‘‘Task Force’’.

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SEC. 505. INVASIVE SPECIES MITIGATION AND REDUCTION.

Section 104 of the River and Harbor Act of 1958 (33 U.S.C.
610) is amended—
(1) in subsection (b)—
(A) in paragraph (1)—
(i) in the matter preceding subparagraph (A), by
striking ‘‘this section $110,000,000’’ and inserting ‘‘this
section (except for subsections (f) and (g))
$130,000,000’’;
(ii) in subparagraph (B), by striking ‘‘and’’ at the
end;
(iii) in subparagraph (C), by striking the period
at the end and inserting a semicolon; and
(iv) by adding at the end the following:
‘‘(D) $30,000,000 shall be made available to carry out
subsection (d)(1)(A)(iv); and
‘‘(E) $10,000,000 shall be made available to carry out
subsection (d)(1)(A)(v).’’;
(B) by redesignating paragraph (2) as paragraph (3);
(C) by inserting after paragraph (1) the following:
‘‘(2) OTHER PROGRAMS.—
‘‘(A) IN GENERAL.—There are authorized to be appropriated—
‘‘(i) $10,000,000 for each of fiscal years 2021
through 2024 to carry out subsection (f); and
‘‘(ii) $50,000,000 for each of fiscal years 2021
through 2024 to carry out subsection (g)(2).
‘‘(B) INVASIVE PLANT SPECIES PILOT PROGRAM.—There
is authorized to be appropriated to the Secretary of the
Interior, acting through the Director of the United States
Fish and Wildlife Service, $10,000,000 to carry out subsection (g)(3).’’; and
(D) in paragraph (3) (as so redesignated), by inserting
‘‘or (2)(A)’’ after ‘‘paragraph (1)’’;
(2) in subsection (d)—
(A) in the subsection heading, by inserting ‘‘AND
DECONTAMINATION’’ after ‘‘INSPECTION’’;
(B) in paragraph (1)—
(i) in subparagraph (A)—
(I) in the subparagraph heading, by inserting
‘‘AND DECONTAMINATION’’ after ‘‘INSPECTION’’;
(II) in clause (ii), by striking ‘‘and’’ at the
end;
(III) in clause (iii), by striking ‘‘Arizona River
Basins.’’ and inserting ‘‘Arkansas River Basins;’’;
and
(IV) by adding at the end the following:
‘‘(iv) to protect the Russian River Basin, California;
and

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134 STAT. 2747

‘‘(v) to protect basins and watersheds that adjoin
an international border between the United States and
Canada.’’; and
(ii) by striking subparagraph (B) and inserting
the following:
‘‘(B) LOCATIONS.—The Secretary shall place watercraft
inspection and decontamination stations under subparagraph (A) at locations with the highest likelihood of preventing the spread of aquatic invasive species into and
out of waters of the United States, as determined by the
Secretary in consultation with the Governors and entities
described in paragraph (3).’’;
(C) in paragraph (3)(A), by striking ‘‘(iii)’’ and inserting
‘‘(v)’’; and
(D) by striking ‘‘watercraft inspection stations’’ each
place it appears and inserting ‘‘watercraft inspection and
decontamination stations’’; and
(3) by adding at the end the following:
‘‘(f) INVASIVE SPECIES MANAGEMENT PILOT PROGRAM.—
‘‘(1) DEFINITION OF INVASIVE SPECIES.—In this subsection,
the term ‘invasive species’ has the meaning given the term
in section 1 of Executive Order 13112 (64 Fed. Reg. 6183;
relating to invasive species (February 3, 1999)) (as amended
by section 2 of Executive Order 13751 (81 Fed. Reg. 88609;
relating to safeguarding the Nation from the impacts of invasive
species (December 5, 2016))).
‘‘(2) DEVELOPMENT OF PLANS.—The Secretary, in coordination with the Aquatic Nuisance Species Task Force, shall carry
out a pilot program under which the Secretary shall collaborate
with States in the Upper Missouri River Basin in developing
voluntary aquatic invasive species management plans to mitigate the effects of invasive species on public infrastructure
facilities located on reservoirs of the Corps of Engineers in
those States.
‘‘(3) MANAGEMENT PLAN.—
‘‘(A) IN GENERAL.—The Secretary, in consultation with
the Governor of each State in the Upper Missouri River
Basin that elects to participate in the pilot program, shall
prepare a management plan, or update or expand an
existing plan, for each participating State that identifies
public infrastructure facilities located on reservoirs of the
Corps of Engineers in those States that—
‘‘(i) are affected by aquatic invasive species; and
‘‘(ii) need financial and technical assistance in
order to maintain operations.
‘‘(B) USE OF EXISTING PLANS.—In developing a management plan under subparagraph (A), the Secretary shall
consider a management plan submitted by a participating
State under section 1204(a) of the Nonindigenous Aquatic
Nuisance Prevention and Control Act of 1990 (16 U.S.C.
4724(a)).
‘‘(4) TERMINATION OF AUTHORITY.—The authority provided
under this subsection shall terminate on September 30, 2024.
‘‘(g) INVASIVE SPECIES PREVENTION, CONTROL, AND ERADICATION.—
‘‘(1) DEFINITION OF INVASIVE SPECIES.—In this subsection,
the term ‘invasive species’ has the meaning given the term

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Consultation.

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134 STAT. 2748

PUBLIC LAW 116–260—DEC. 27, 2020
in section 1 of Executive Order 13112 (64 Fed. Reg. 6183;
relating to invasive species (February 3, 1999)) (as amended
by section 2 of Executive Order 13751 (81 Fed. Reg. 88609;
relating to safeguarding the Nation from the impacts of invasive
species (December 5, 2016))).
‘‘(2) INVASIVE SPECIES PARTNERSHIPS.—
‘‘(A) IN GENERAL.—The Secretary may enter into partnerships with applicable States and other Federal agencies
to carry out actions to prevent the introduction of, control,
or eradicate, to the maximum extent practicable, invasive
species that adversely impact water quantity or water
quality in the Platte River Basin, the Upper Colorado River
Basin, the Upper Snake River Basin, and the Upper Missouri River Basin.
‘‘(B) PRIORITIZATION.—In selecting actions to carry out
under a partnership under subparagraph (A), the Secretary
shall give priority to projects that are intended to control
or eradicate the Russian olive (Elaeagnus angustifolia) or
saltcedar (of the genus Tamarix).
‘‘(3) INVASIVE PLANT SPECIES PILOT PROGRAM.—
‘‘(A) DEFINITIONS.—In this paragraph:
‘‘(i) ELIGIBLE ENTITY.—The term ‘eligible entity’
means a partnership between or among 2 or more
entities that—
‘‘(I) includes—
‘‘(aa) at least 1 flood control district; and
‘‘(bb) at least 1 city, county, township,
town, borough, parish, village, or other general
purpose political subdivision of a State or
Indian Tribe (as defined in section 4 of the
Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304)); and
‘‘(II) may include any other entity (such as
a nonprofit organization or institution of higher
education), as determined by the Secretary.
‘‘(ii) INVASIVE PLANT SPECIES.—The term ‘invasive
plant species’ means a plant that is nonnative to the
ecosystem under consideration, the introduction of
which causes or is likely to cause economic harm or
harm to human health.
‘‘(B) PILOT PROGRAM.—The Secretary of the Interior,
acting through the Director of the United States Fish and
Wildlife Service, shall establish a pilot program under
which such Secretary shall work with eligible entities to
carry out activities—
‘‘(i) to remove invasive plant species in riparian
areas that contribute to drought conditions in—
‘‘(I) the Lower Colorado River Basin;
‘‘(II) the Rio Grande River Basin;
‘‘(III) the Texas Gulf Coast Basin; and
‘‘(IV) the Arkansas-White-Red Basin;
‘‘(ii) where appropriate, to replace the invasive
plant species described in clause (i) with ecologically
suitable native species; and
‘‘(iii) to maintain and monitor riparian areas in
which activities are carried out under clauses (i) and
(ii).

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2749

‘‘(C) REPORT TO CONGRESS.—Not later than 18 months
after the date of enactment of this subsection, the Secretary
of the Interior, acting through the Director of the United
States Fish and Wildlife Service, shall submit to the Committee on Environment and Public Works of the Senate
and the Committee on Transportation and Infrastructure
of the House of Representatives a report describing the
implementation of the pilot program.
‘‘(D) TERMINATION OF AUTHORITY.—The authority provided under this paragraph shall terminate on September
30, 2024.
‘‘(4) COST SHARE.—The Federal share of an action carried
out under a partnership under paragraph (2) or an activity
carried out under the pilot program under paragraph (3) shall
not exceed 80 percent of the total cost of the action or activity.’’.
SEC. 506. AQUATIC INVASIVE SPECIES PREVENTION.

Section 1039(b) of the Water Resources Reform and Development Act of 2014 (16 U.S.C. 4701 note) is amended—
(1) in paragraph (1)—
(A) in the paragraph heading, by striking ‘‘UPPER MISSISSIPPI AND OHIO RIVER BASINS AND TRIBUTARIES’’ and
inserting ‘‘MISSISSIPPI RIVER AND TRIBUTARIES, INCLUDING
SUB-BASINS’’;
(B) in subparagraph (A), by striking ‘‘Upper Mississippi
and Ohio River basins and tributaries’’ and inserting ‘‘Mississippi River and tributaries, including the 6 sub-basins
of the River,’’; and
(C) in subparagraph (B), by striking ‘‘and the document
prepared’’ and all that follows through ‘‘February 2012.’’
and inserting ‘‘the Mississippi River Basin Asian Carp
Control Strategy Framework, and the Asian Carp Regional
Coordinating Committee’s Asian Carp Action Plan.’’; and
(2) in paragraph (2)—
(A) in subparagraph (A)—
(i) by striking ‘‘December 31 of each year’’ and
inserting ‘‘December 31, 2020, and biennially thereafter’’; and
(ii) by striking ‘‘Upper Mississippi and Ohio River
basins and tributaries’’ and inserting ‘‘Mississippi River
and tributaries, including the 6 sub-basins of the
River’’; and
(B) in subparagraph (B)—
(i) in clause (i), by striking ‘‘Upper Mississippi
and Ohio River basins and tributaries’’ and inserting
‘‘Mississippi River and tributaries, including the 6 subbasins of the River,’’; and
(ii) in clause (ii), by striking ‘‘Upper Mississippi
and Ohio River basins and tributaries’’ and inserting
‘‘Mississippi River and tributaries, including the 6 subbasins of the River’’.

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SEC. 507. INVASIVE SPECIES IN ALPINE LAKES PILOT PROGRAM.

(a) ESTABLISHMENT.—The Secretary of the Interior, acting
through the Director of the United States Fish and Wildlife Service,
shall establish a pilot program (referred to in this section as the
‘‘pilot program’’) to develop and carry out effective measures necessary to prevent, control, or eradicate aquatic invasive species

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note.

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134 STAT. 2750

PUBLIC LAW 116–260—DEC. 27, 2020

in alpine lakes that are not located within a unit of the National
Park System.
(b) PARTNERSHIPS.—The Secretary of the Interior, acting
through the Director of the United States Fish and Wildlife Service,
shall offer to enter into a partnership to carry out the pilot program
with—
(1) any relevant partnering Federal agency; and
(2) any relevant compact agency organized with the consent
of Congress under article I, section 10 of the Constitution
of the United States.
(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out the pilot program $25,000,000 for
the period of fiscal years 2022 through 2024.
SEC. 508. MURDER HORNET ERADICATION PILOT PROGRAM.

16 USC 742b
note.
Consultation.

(a) GRANT AUTHORITY.—The Secretary of the Interior, acting
through the Director of the Fish and Wildlife Service, and in consultation with all relevant Federal agencies, shall establish a pilot
program to provide financial assistance to States for management,
research, and public education activities necessary to—
(1) eradicate the Asian giant hornet; and
(2) restore bee populations damaged by the Asian giant
hornet.
(b) ELIGIBILITY.—A State is eligible to receive financial assistance under this section if the State has demonstrated to the Secretary of the Interior sufficient need to implement measures to
eradicate the Asian giant hornet.
(c) COST SHARING.—
(1) FEDERAL SHARE.—The Federal share of the costs of
activities carried out under the pilot program may not exceed
75 percent of the total costs of such activities.
(2) IN-KIND CONTRIBUTIONS.—The non-Federal share of the
costs of activities carried out under the pilot program may
be provided in the form of in-kind contributions of materials
or services.
(d) LIMITATION ON ADMINISTRATIVE EXPENSES.—Not more than
5 percent of financial assistance provided by the Secretary of the
Interior under this section may be used for administrative expenses.
(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary of the Interior to carry out
the pilot program $4,000,000 for each of fiscal years 2021 through
2025.
(f) DEFINITIONS.—In this section:
(1) ASIAN GIANT HORNET.—The term ‘‘Asian giant hornet’’
means a Vespa mandarinia.
(2) STATE.—The term ‘‘State’’ means each of the several
States, the District of Columbia, and the territories and insular
possessions of the United States.
(g) SUNSET.—The authority under this section shall terminate
on the date that is 5 years after the date of enactment of this
Act.
SEC. 509. ASIAN CARP PREVENTION AND CONTROL PILOT PROGRAM.

(a) CORPS

33 USC 610 note.

OF

ENGINEERS ASIAN CARP PREVENTION PILOT PRO-

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GRAM.—

(1) IN GENERAL.—The Secretary, in conjunction with the
Tennessee Valley Authority and other relevant Federal agencies, shall carry out an Asian carp prevention pilot program

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2751

to carry out projects to manage and prevent the spread of
Asian carp using innovative technologies, methods, and measures.
(2) PROJECT SELECTION.—
(A) LOCATION.—Each project under the pilot program
shall be carried out in a river system or reservoir in the
Cumberland River Watershed or Tennessee River Watershed in which Asian carp populations are expanding or
have been documented.
(B) CONSULTATION.—In selecting projects to carry out
under the pilot program, the Secretary shall consult with—
(i) applicable Federal, State, and local agencies;
(ii) institutions of higher education; and
(iii) relevant private organizations, including nonprofit organizations.
(C) LIMITATIONS.—
(i) NUMBER OF PROJECTS.—The Secretary may
select not more than 10 projects to carry out under
the pilot program.
(ii) DEADLINE.—Not later than September 30,
2024, the Secretary shall complete projects selected
to be carried out under the pilot program.
(3) BEST PRACTICES.—In carrying out the pilot program,
to the maximum extent practicable, the Secretary shall consider
existing best practices, such as those described in the document
of the Asian Carp Working Group of the Aquatic Nuisance
Species Task Force entitled ‘‘Management and Control Plan
for Bighead, Black, Grass, and Silver Carps in the United
States’’ and dated November 2007.
(4) COST-SHARE.—
(A) IN GENERAL.—The Federal share of the costs of
a project carried out under the program may not exceed
75 percent of the total costs of the project.
(B) OPERATION, MAINTENANCE, REHABILITATION, AND
REPAIR.—After the completion of a project under the pilot
program, the Federal share of the costs for operation,
maintenance, rehabilitation, and repair of the project shall
be 100 percent.
(5) MEMORANDUM OF AGREEMENT.—For projects carried out
in reservoirs owned or managed by the Tennessee Valley
Authority, the Secretary and the Tennessee Valley Authority
shall execute a memorandum of agreement establishing the
framework for a partnership and the terms and conditions
for sharing expertise and resources.
(6) PAYMENTS.—The Secretary is authorized to accept and
expend funds from the Tennessee Valley Authority to complete
any work under this section at a reservoir owned or managed
by the Tennessee Valley Authority.
(7) REPORT.—Not later than 2 years after the date of enactment of this Act, and 2 years thereafter, the Secretary shall
submit to Congress a report describing the results of the pilot
program, including an analysis of the effectiveness of the
innovative technologies, methods, and measures used in
projects carried out under the pilot program at preventing
the spread, or managing the eradicating of, Asian carp.

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16 USC 742b
note.

16 USC 742b
note.

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PUBLIC LAW 116–260—DEC. 27, 2020

(8) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this subsection $25,000,000,
to remain available until expended.
(b) FISH AND WILDLIFE SERVICE ASIAN CARP ERADICATION PROGRAM.—
(1) ESTABLISHMENT.—The Secretary of the Interior, acting
through the Director of the United States Fish and Wildlife
Service, shall establish a program to provide financial assistance to States to implement measures, including for management, research, and public education activities, necessary to
eradicate the Asian carp.
(2) ELIGIBILITY.—A State is eligible to receive financial
assistance under this subsection if such State has demonstrated
to the Secretary of the Interior sufficient need to implement
measures to eradicate the Asian carp.
(3) PRIORITY.—In providing financial assistance under the
program, the Secretary of the Interior shall give priority to
States in the Cumberland River Watershed or the Tennessee
River Watershed in which Asian carp populations are
expanding or have been documented.
(4) COST SHARING.—
(A) FEDERAL SHARE.—The Federal share of the costs
of activities carried out under the program may not exceed
80 percent of the total costs of such activities.
(B) IN-KIND CONTRIBUTIONS.—The non-Federal share
of the costs of activities carried out under the program
may be provided in the form of in-kind contributions of
materials or services.
(5) LIMITATION ON ADMINISTRATIVE EXPENSES.—Not more
than 5 percent of financial assistance provided by the Secretary
of the Interior under this subsection may be used for administrative expenses.
(6) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary of the Interior to
carry out this subsection $4,000,000 for each of fiscal years
2021 through 2025.
SEC. 510. INVASIVE SPECIES IN NONCONTIGUOUS STATES AND TERRITORIES PILOT PROGRAM.

(a) ESTABLISHMENT.—The Secretary of the Interior, acting
through the Director of the United States Fish and Wildlife Service,
shall establish a pilot program to carry out measures necessary
to prevent, control, or eradicate invasive species in culturally significant forested watersheds in noncontiguous States and territories
of the United States in which the Corps of Engineers is carrying
out flood risk management projects.
(b) IMPLEMENTATION.—The Secretary of the Interior, acting
through the Director of the United States Fish and Wildlife Service,
is encouraged to carry out the measures described in subsection
(a) in consultation with—
(1) States, any territory or possession of the United States,
and units of local government, including federally recognized
Indian Tribes (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)); and
(2) nonprofit organizations with knowledge of, and experience in, forested watershed management, including nonprofit

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organizations with a primary purpose of serving and partnering
with indigenous communities.
(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out the pilot program under subsection
(a) $25,000,000 for the period of fiscal years 2022 through 2024.

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SEC. 511. SOIL MOISTURE AND SNOWPACK MONITORING.

(a) INSTALLATION OF NETWORK.—
(1) IN GENERAL.—In accordance with the activities required
under section 4003(a) of the Water Resources Reform and
Development Act of 2014 (128 Stat. 1310; 130 Stat. 1676),
and to support the goals of the Weather Research and Forecasting Innovation Act of 2017 (Public Law 115–25) and the
National Integrated Drought Information System Reauthorization Act of 2018 (Public Law 115–423), the Secretary, in
coordination with the Administrator of the National Oceanic
and Atmospheric Administration (referred to in this section
as the ‘‘Administrator’’), the Chief of the Natural Resources
Conservation Service, the Director of the United States
Geological Survey, and the Commissioner of Reclamation, shall
continue installation of a network of soil moisture and plains
snowpack monitoring stations, and modification of existing stations, in the Upper Missouri River Basin.
(2) REQUIREMENTS.—In carrying out installation and modification activities under paragraph (1), the Secretary—
(A) may continue to enter into agreements, including
cooperative agreements, with State mesonet programs for
purposes of installing new stations or modifying existing
stations;
(B) shall transfer ownership and all responsibilities
for operation and maintenance of new stations to the
respective State mesonet program for the State in which
the monitoring station is located on completion of installation of the station; and
(C) shall establish, in consultation with the Administrator, requirements and standards for the installation of
new stations and modification of existing stations to ensure
seamless data integration into—
(i) the National Mesonet Program;
(ii) the National Coordinated Soil Moisture Network; and
(iii) other relevant networks.
(3) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this subsection, in addition
to any other funds authorized to be appropriated for the
installation of a network of soil moisture and plains snowpack
monitoring stations or the modification of existing stations in
the Upper Missouri River Basin, $7,000,000 for each of fiscal
years 2021 through 2025.
(b) SOIL MOISTURE AND SNOWPACK MONITORING PILOT PROGRAM.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, the Administrator shall establish
within the National Mesonet Program a pilot program for the
acquisition and use of data generated by the network described
in subsection (a).

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Contracts.

Consultation.
Standards.

Data.
Deadline.

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134 STAT. 2754

(2) REQUIREMENTS.—In establishing the pilot program
under paragraph (1), the Administrator shall—
(A) enter into agreements with State mesonet programs
in the Upper Missouri River Basin to acquire data generated by the network described in subsection (a) that—
(i) are similar to the agreements in effect as of
the date of the enactment of this Act with States
under the National Mesonet Program; and
(ii) allow for sharing of data with other Federal
agencies and with institutions engaged in federally
supported research, including the United States
Drought Monitor, as appropriate and feasible;
(B) in coordination with the Secretary, the Chief of
the Natural Resources Conservation Service, the Director
of the United States Geological Survey, and the Commissioner of Reclamation, gather data from the operation of
the network to inform ongoing efforts of the National Oceanic and Atmospheric Administration in support of—
(i) the National Integrated Drought Information
System, including the National Coordinated Soil Moisture Network;
(ii) the United States Drought Monitor;
(iii) the National Water Model and other relevant
national modeling efforts;
(iv) validation, verification, and calibration of satellite-based, in situ, and other remote sensing activities
and output products;
(v) flood risk and water resources monitoring initiatives by the Secretary and the Commissioner; and
(vi) any other programs or initiatives the Administrator considers appropriate;
(C) at the request of State mesonet programs, or as
the Administrator considers appropriate, provide technical
assistance to such programs under the pilot program under
paragraph (1) to ensure proper data requirements; and
(D) ensure an appropriate mechanism for quality control and quality assurance is employed for the data acquired
under the pilot program, such as the Meteorological Assimilation Data Ingest System.
(3) STUDY REQUIRED.—
(A) IN GENERAL.—Not later than 1 year after the date
of the enactment of this Act, the Administrator shall initiate a study of the pilot program required by paragraph
(1) to evaluate the data generated by the network described
in subsection (a) and the applications of that data to programs and initiatives described in paragraph (2)(B).
(B) ELEMENTS.—The study required by subparagraph
(A) shall include an assessment of—
(i) the contribution of the soil moisture, snowpack,
and other relevant data generated by the network
described in subsection (a) to weather, subseasonal
and seasonal, and climate forecasting products on the
local, regional, and national levels;
(ii) the enhancements made to the National
Integrated Drought Information System, the National
Water Model, and the United States Drought Monitor,
and other relevant national modeling efforts, using

Contracts.

Coordination.

Deadline.
Evaluation.

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134 STAT. 2755

data and derived data products generated by the network;
(iii) the contribution of data generated by the network to remote sensing products and approaches;
(iv) the viability of the ownership and operational
structure of the network; and
(v) any other matters the Administrator considers
appropriate, in coordination with the Secretary, the
Chief of the Natural Resources Conservation Service,
the Director of the United States Geological Survey,
and the Commissioner of Reclamation.
(4) REPORT REQUIRED.—Not later than 4 years after the
date of the enactment of this Act, the Administrator shall
submit to the appropriate congressional committees a report—
(A) setting forth the findings of the study required
by paragraph (3); and
(B) making recommendations based on those findings
to improve weather, subseasonal, seasonal, and climate
monitoring nationally.
(5) GOVERNMENT ACCOUNTABILITY OFFICE AUDIT.—
(A) IN GENERAL.—Not later than 60 days after the
report required by paragraph (4) is submitted, the Comptroller General of the United States shall initiate an audit
to evaluate that report and determine whether—
(i) the Administrator, in conducting the pilot program under paragraph (1), has utilized the relevant
data generated by the network described in subsection
(a) in the manner most beneficial to the programs
and initiatives described in paragraph (2)(B);
(ii) the acquisition agreements entered into under
paragraph (2)(A) with State mesonet programs fully
comply with the requirements of that paragraph; and
(iii) the heads of other agencies, including the Secretary, the Chief of the Natural Resources Conservation Service, the Director of the United States
Geological Survey, and the Commissioner of Reclamation, are utilizing the data generated by the network
to better inform and improve the missions of those
agencies.
(B) REPORT REQUIRED.—Not later than 270 days after
initiating the audit required by subparagraph (A), the
Comptroller General shall submit to the appropriate
congressional committees a report setting forth the findings
of the audit.
(6) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—
In this subsection, the term ‘‘appropriate congressional committees’’ means—
(A) the Committee on Commerce, Science, and
Transportation, the Committee on Environment and Public
Works, and the Committee on Energy and Natural
Resources of the Senate; and
(B) the Committee on Transportation and Infrastructure, the Committee on Science, Space, and Technology,
and the Committee on Natural Resources of the House
of Representatives.

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Coordination.

Recommendations.

Deadline.
Evaluation.
Determination.

Compliance.

PUBL260B

134 STAT. 2756

PUBLIC LAW 116–260—DEC. 27, 2020

SEC. 512. GREAT LAKES ST. LAWRENCE SEAWAY DEVELOPMENT CORPORATION.

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33 USC 981 note.

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(a) RENAMING THE SAINT LAWRENCE SEAWAY DEVELOPMENT
CORPORATION.—The Act of May 13, 1954 (33 U.S.C. 981 et seq.)
is amended—
(1) in section 1 (33 U.S.C. 981), by striking ‘‘Saint Lawrence
Seaway Development Corporation’’ and inserting ‘‘Great Lakes
St. Lawrence Seaway Development Corporation’’; and
(2) in section 2(b) (33 U.S.C. 982(b)), by striking ‘‘Saint
Lawrence Seaway Development Corporation’’ and inserting
‘‘Great Lakes St. Lawrence Seaway Development Corporation’’.
(b) REFERENCES.—Any reference to the Saint Lawrence Seaway
Development Corporation in any law, regulation, document, record,
Executive order, or other paper of the United States shall be deemed
to be a reference to the Great Lakes St. Lawrence Seaway Development Corporation.
(c) TECHNICAL AND CONFORMING AMENDMENTS.—
(1) TITLE 5.—Section 5315 of title 5, United States Code,
is amended by striking ‘‘Saint Lawrence Seaway Development
Corporation’’ and inserting ‘‘Great Lakes St. Lawrence Seaway
Development Corporation’’.
(2) TITLE 18.—Section 2282B of title 18, United States
Code, is amended by striking ‘‘Saint Lawrence Seaway Development Corporation’’ and inserting ‘‘Great Lakes St. Lawrence
Seaway Development Corporation’’.
(3) INTERNAL REVENUE CODE.—Section 9505(a)(2) of the
Internal Revenue Code of 1986 (26 U.S.C. 9505(a)(2)) is
amended by striking ‘‘Saint Lawrence Seaway Development
Corporation’’ and inserting ‘‘Great Lakes St. Lawrence Seaway
Development Corporation’’.
(4) TITLE 31.—Section 9101(3)(K) of title 31, United States
Code, is amended by striking ‘‘Saint Lawrence Seaway Development Corporation’’ and inserting ‘‘Great Lakes St. Lawrence
Seaway Development Corporation’’.
(5) WATER RESOURCES DEVELOPMENT ACT OF 1986.—The
Water Resources Development Act of 1986 (33 U.S.C. 2211
et seq.) is amended—
(A) in section 206 (33 U.S.C. 2234), by striking ‘‘Saint
Lawrence Seaway Development Corporation’’ and inserting
‘‘Great Lakes St. Lawrence Seaway Development Corporation’’;
(B) in section 210(a)(1) (33 U.S.C. 2238(a)(1)), by
striking ‘‘Saint Lawrence Seaway Development Corporation’’ and inserting ‘‘Great Lakes St. Lawrence Seaway
Development Corporation’’;
(C) in section 214(2)(B) (33 U.S.C. 2241(2)(B)), by
striking ‘‘Saint Lawrence Seaway Development Corporation’’ and inserting ‘‘Great Lakes St. Lawrence Seaway
Development Corporation’’; and
(D) in section 1132(b) (33 U.S.C. 2309(b)), by striking
‘‘Saint Lawrence Seaway Development Corporation’’ and
inserting ‘‘Great Lakes St. Lawrence Seaway Development
Corporation’’ each place it appears.
(6) TITLE 46.—Title 46, United States Code, is amended—
(A) in section 2109, by striking ‘‘Saint Lawrence Seaway Development Corporation’’ and inserting ‘‘Great Lakes
St. Lawrence Seaway Development Corporation’’;

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2757

(B) in section 8103(g), by striking ‘‘Saint Lawrence
Seaway Development Corporation’’ and inserting ‘‘Great
Lakes St. Lawrence Seaway Development Corporation’’;
(C) in section 8503(c), by striking ‘‘Saint Lawrence
Seaway Development Corporation’’ and inserting ‘‘Great
Lakes St. Lawrence Seaway Development Corporation’’;
(D) in section 55112(a)(3), by striking ‘‘St. Lawrence
Seaway Development Corporation’’ and inserting ‘‘Great
Lakes St. Lawrence Seaway Development Corporation’’;
(E) in section 55331(3), by striking ‘‘Saint Lawrence
Seaway Development Corporation’’ and inserting ‘‘Great
Lakes St. Lawrence Seaway Development Corporation’’;
and
(F) in section 70032, by striking ‘‘Saint Lawrence Seaway Development Corporation’’ and inserting ‘‘Great Lakes
St. Lawrence Seaway Development Corporation’’ each place
it appears.
(7) TITLE 49.—
(A) IN GENERAL.—Title 49, United States Code, is
amended—
(i) in section 110—
(I) in the heading, by striking ‘‘Saint Lawrence Seaway Development Corporation’’ and
inserting ‘‘Great Lakes St. Lawrence Seaway
Development Corporation’’; and
(II) in subsection (a), by striking ‘‘Saint Lawrence Seaway Development Corporation’’ and
inserting ‘‘Great Lakes St. Lawrence Seaway
Development Corporation’’; and
(ii) in section 6314(c)(2)(G), by striking ‘‘Saint Lawrence Seaway Development Corporation’’ and inserting
‘‘Great Lakes St. Lawrence Seaway Development Corporation’’.
(B) TABLE OF SECTIONS.—The table of sections for
chapter 1 of subtitle I of title 49, United States Code,
is amended by amending the item relating to section 110
to read as follows:

49 USC 101 prec.

‘‘110. Great Lakes St. Lawrence Seaway Development Corporation.’’.

DIVISION BB—PRIVATE HEALTH INSURANCE AND PUBLIC HEALTH PROVISIONS
SEC. 1. TABLE OF CONTENTS.

The table of contents of the division is as follows:
DIVISION BB—PRIVATE HEALTH INSURANCE AND PUBLIC HEALTH
PROVISIONS
Sec. 1. Table of contents.

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TITLE I—NO SURPRISES ACT
Sec. 101. Short title.
Sec. 102. Health insurance requirements regarding surprise medical billing.
Sec. 103. Determination of out-of-network rates to be paid by health plans; Independent dispute resolution process.

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134 STAT. 2758

PUBLIC LAW 116–260—DEC. 27, 2020

Sec.
Sec.
Sec.
Sec.

104.
105.
106.
107.

Sec. 108.
Sec. 109.
Sec. 110.
Sec. 111.
Sec. 112.
Sec.
Sec.
Sec.
Sec.

113.
114.
115.
116.

Sec. 117.
Sec. 118.

Health care provider requirements regarding surprise medical billing.
Ending surprise air ambulance bills.
Reporting requirements regarding air ambulance services.
Transparency regarding in-network and out-of-network deductibles and
out-of-pocket limitations.
Implementing protections against provider discrimination.
Reports.
Consumer protections through application of health plan external review
in cases of certain surprise medical bills.
Consumer protections through health plan requirement for fair and honest advance cost estimate.
Patient protections through transparency and patient-provider dispute
resolution.
Ensuring continuity of care.
Maintenance of price comparison tool.
State All Payer Claims Databases.
Protecting patients and improving the accuracy of provider directory information.
Advisory committee on ground ambulance and patient billing.
Implementation funding.

TITLE II—TRANSPARENCY
Sec. 201. Increasing transparency by removing gag clauses on price and quality information.
Sec. 202. Disclosure of direct and indirect compensation for brokers and consultants to employer-sponsored health plans and enrollees in plans on the
individual market.
Sec. 203. Strengthening parity in mental health and substance use disorder benefits.
Sec. 204. Reporting on pharmacy benefits and drug costs.
TITLE III—PUBLIC HEALTH PROVISIONS
Subtitle A—Extenders Provisions
Sec. 301. Extension for community health centers, the National Health Service
Corps, and teaching health centers that operate GME programs.
Sec. 302. Diabetes programs.
Subtitle B—Strengthening Public Health
Sec. 311. Improving awareness of disease prevention.
Sec. 312. Guide on evidence-based strategies for public health department obesity
prevention programs.
Sec. 313. Expanding capacity for health outcomes.
Sec. 314. Public health data system modernization.
Sec. 315. Native American suicide prevention.
Sec. 316. Reauthorization of the Young Women’s Breast Health Education and
Awareness Requires Learning Young Act of 2009.
Sec. 317. Reauthorization of school-based health centers.
Sec.
Sec.
Sec.
Sec.
Sec.

321.
322.
323.
324.
325.

Subtitle C—FDA Amendments
Rare pediatric disease priority review voucher extension.
Conditions of use for biosimilar biological products.
Orphan drug clarification.
Modernizing the labeling of certain generic drugs.
Biological product patent transparency.

Subtitle D—Technical Corrections
Sec. 331. Technical corrections.

TITLE I—NO SURPRISES ACT

No Surprises Act.
42 USC 201 note.

SEC. 101. SHORT TITLE.

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This title may be cited as the ‘‘No Surprises Act’’.
SEC. 102. HEALTH INSURANCE REQUIREMENTS REGARDING SURPRISE
MEDICAL BILLING.

(a) PUBLIC HEALTH SERVICE ACT AMENDMENTS.—

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2759

(1) IN GENERAL.—Title XXVII of the Public Health Service
Act (42 U.S.C. 300gg et seq.) is amended by adding at the
end the following new part:

‘‘PART D—ADDITIONAL COVERAGE
PROVISIONS

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‘‘SEC. 2799A–1. PREVENTING SURPRISE MEDICAL BILLS.

‘‘(a) COVERAGE OF EMERGENCY SERVICES.—
‘‘(1) IN GENERAL.—If a group health plan, or a health insurance issuer offering group or individual health insurance coverage, provides or covers any benefits with respect to services
in an emergency department of a hospital or with respect
to emergency services in an independent freestanding emergency department (as defined in paragraph (3)(D)), the plan
or issuer shall cover emergency services (as defined in paragraph (3)(C))—
‘‘(A) without the need for any prior authorization determination;
‘‘(B) whether the health care provider furnishing such
services is a participating provider or a participating emergency facility, as applicable, with respect to such services;
‘‘(C) in a manner so that, if such services are provided
to a participant, beneficiary, or enrollee by a nonparticipating provider or a nonparticipating emergency facility—
‘‘(i) such services will be provided without imposing
any requirement under the plan or coverage for prior
authorization of services or any limitation on coverage
that is more restrictive than the requirements or
limitations that apply to emergency services received
from participating providers and participating emergency facilities with respect to such plan or coverage,
respectively;
‘‘(ii) the cost-sharing requirement is not greater
than the requirement that would apply if such services
were provided by a participating provider or a participating emergency facility;
‘‘(iii) such cost-sharing requirement is calculated
as if the total amount that would have been charged
for such services by such participating provider or
participating emergency facility were equal to the recognized amount (as defined in paragraph (3)(H)) for
such services, plan or coverage, and year;
‘‘(iv) the group health plan or health insurance
issuer, respectively—
‘‘(I) not later than 30 calendar days after the
bill for such services is transmitted by such provider or facility, sends to the provider or facility,
as applicable, an initial payment or notice of denial
of payment; and
‘‘(II) pays a total plan or coverage payment
directly to such provider or facility, respectively
(in accordance, if applicable, with the timing
requirement described in subsection (c)(6)) that
is, with application of any initial payment under
subclause (I), equal to the amount by which the
out-of-network rate (as defined in paragraph

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42 USC
300gg–111.

Deadline.
Notice.

PUBL260B

134 STAT. 2760

(3)(K)) for such services exceeds the cost-sharing
amount for such services (as determined in accordance with clauses (ii) and (iii)) and year; and
‘‘(v) any cost-sharing payments made by the
participant, beneficiary, or enrollee with respect to such
emergency services so furnished shall be counted
toward any in-network deductible or out-of-pocket
maximums applied under the plan or coverage, respectively (and such in-network deductible and out-ofpocket maximums shall be applied) in the same
manner as if such cost-sharing payments were made
with respect to emergency services furnished by a
participating provider or a participating emergency
facility; and
‘‘(D) without regard to any other term or condition
of such coverage (other than exclusion or coordination of
benefits, or an affiliation or waiting period, permitted under
section 2704 of this Act, including as incorporated pursuant
to section 715 of the Employee Retirement Income Security
Act of 1974 and section 9815 of the Internal Revenue
Code of 1986, and other than applicable cost-sharing).
‘‘(2) AUDIT PROCESS AND REGULATIONS FOR QUALIFYING PAYMENT AMOUNTS.—
‘‘(A) AUDIT PROCESS.—
‘‘(i) IN GENERAL.—Not later than October 1, 2021,
the Secretary, in consultation with the Secretary of
Labor and the Secretary of the Treasury, shall establish through rulemaking a process, in accordance with
clause (ii), under which group health plans and health
insurance issuers offering group or individual health
insurance coverage are audited by the Secretary or
applicable State authority to ensure that—
‘‘(I) such plans and coverage are in compliance
with the requirement of applying a qualifying payment amount under this section; and
‘‘(II) such qualifying payment amount so
applied satisfies the definition under paragraph
(3)(E) with respect to the year involved, including
with respect to a group health plan or health insurance issuer described in clause (ii) of such paragraph (3)(E).
‘‘(ii) AUDIT SAMPLES.—Under the process established pursuant to clause (i), the Secretary—
‘‘(I) shall conduct audits described in such
clause, with respect to a year (beginning with
2022), of a sample with respect to such year of
claims data from not more than 25 group health
plans and health insurance issuers offering group
or individual health insurance coverage; and
‘‘(II) may audit any group health plan or
health insurance issuer offering group or individual health insurance coverage if the Secretary
has received any complaint or other information
about such plan or coverage, respectively, that
involves the compliance of the plan or coverage,
respectively, with either of the requirements
described in subclauses (I) and (II) of such clause.

Deadline.
Consultation.

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Compliance.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2761

‘‘(iii) REPORTS.—Beginning for 2022, the Secretary
shall annually submit to Congress a report on the
number of plans and issuers with respect to which
audits were conducted during such year pursuant to
this subparagraph.
‘‘(B) RULEMAKING.—Not later than July 1, 2021, the
Secretary, in consultation with the Secretary of Labor and
the Secretary of the Treasury, shall establish through rulemaking—
‘‘(i) the methodology the group health plan or
health insurance issuer offering group or individual
health insurance coverage shall use to determine the
qualifying payment amount, differentiating by individual market, large group market, and small group
market;
‘‘(ii) the information such plan or issuer, respectively, shall share with the nonparticipating provider
or nonparticipating facility, as applicable, when
making such a determination;
‘‘(iii) the geographic regions applied for purposes
of this subparagraph, taking into account access to
items and services in rural and underserved areas,
including health professional shortage areas, as defined
in section 332; and
‘‘(iv) a process to receive complaints of violations
of the requirements described in subclauses (I) and
(II) of subparagraph (A)(i) by group health plans and
health insurance issuers offering group or individual
health insurance coverage.
Such rulemaking shall take into account payments that
are made by such plan or issuer, respectively, that are
not on a fee-for-service basis. Such methodology may
account for relevant payment adjustments that take into
account quality or facility type (including higher acuity
settings and the case-mix of various facility types) that
are otherwise taken into account for purposes of determining payment amounts with respect to participating
facilities. In carrying out clause (iii), the Secretary shall
consult with the National Association of Insurance Commissioners to establish the geographic regions under such
clause and shall periodically update such regions, as appropriate, taking into account the findings of the report submitted under section 109(a) of the No Surprises Act.
‘‘(3) DEFINITIONS.—In this part and part E:
‘‘(A) EMERGENCY DEPARTMENT OF A HOSPITAL.—The
term ‘emergency department of a hospital’ includes a hospital outpatient department that provides emergency services (as defined in subparagraph (C)(i)).
‘‘(B) EMERGENCY MEDICAL CONDITION.—The term
‘emergency medical condition’ means a medical condition
manifesting itself by acute symptoms of sufficient severity
(including severe pain) such that a prudent layperson, who
possesses an average knowledge of health and medicine,
could reasonably expect the absence of immediate medical
attention to result in a condition described in clause (i),
(ii), or (iii) of section 1867(e)(1)(A) of the Social Security
Act.

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Deadline.
Consultation.

Complaints.

Consultation.
Updates.

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134 STAT. 2762

PUBLIC LAW 116–260—DEC. 27, 2020
‘‘(C) EMERGENCY SERVICES.—
‘‘(i) IN GENERAL.—The term ‘emergency services’,
with respect to an emergency medical condition,
means—
‘‘(I) a medical screening examination (as
required under section 1867 of the Social Security
Act, or as would be required under such section
if such section applied to an independent freestanding emergency department) that is within
the capability of the emergency department of a
hospital or of an independent freestanding emergency department, as applicable, including
ancillary services routinely available to the emergency department to evaluate such emergency
medical condition; and
‘‘(II) within the capabilities of the staff and
facilities available at the hospital or the independent freestanding emergency department, as
applicable, such further medical examination and
treatment as are required under section 1867 of
such Act, or as would be required under such
section if such section applied to an independent
freestanding emergency department, to stabilize
the patient (regardless of the department of the
hospital in which such further examination or
treatment is furnished).
‘‘(ii) INCLUSION OF ADDITIONAL SERVICES.—
‘‘(I) IN GENERAL.—For purposes of this subsection and section 2799B–1, in the case of a
participant, beneficiary, or enrollee who is enrolled
in a group health plan or group or individual
health insurance coverage offered by a health
insurance issuer and who is furnished services
described in clause (i) with respect to an emergency
medical condition, the term ‘emergency services’
shall include, unless each of the conditions
described in subclause (II) are met, in addition
to the items and services described in clause (i),
items and services—
‘‘(aa) for which benefits are provided or
covered under the plan or coverage, respectively; and
‘‘(bb) that are furnished by a nonparticipating provider or nonparticipating emergency
facility (regardless of the department of the
hospital in which such items or services are
furnished) after the participant, beneficiary,
or enrollee is stabilized and as part of outpatient observation or an inpatient or outpatient stay with respect to the visit in which
the services described in clause (i) are furnished.
‘‘(II) CONDITIONS.—For purposes of subclause
(I), the conditions described in this subclause, with
respect to a participant, beneficiary, or enrollee
who is stabilized and furnished additional items
and services described in subclause (I) after such

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2763

stabilization by a provider or facility described in
subclause (I), are the following;
‘‘(aa) Such provider or facility determines
such individual is able to travel using nonmedical transportation or nonemergency medical
transportation.
‘‘(bb) Such provider furnishing such additional items and services satisfies the notice
and consent criteria of section 2799B–2(d) with
respect to such items and services.
‘‘(cc) Such individual is in a condition to
receive (as determined in accordance with
guidelines issued by the Secretary pursuant
to rulemaking) the information described in
section 2799B–2 and to provide informed consent under such section, in accordance with
applicable State law.
‘‘(dd) Such other conditions, as specified
by the Secretary, such as conditions relating
to coordinating care transitions to participating providers and facilities.
‘‘(D) INDEPENDENT FREESTANDING EMERGENCY DEPARTMENT.—The term ‘independent freestanding emergency
department’ means a health care facility that—
‘‘(i) is geographically separate and distinct and
licensed separately from a hospital under applicable
State law; and
‘‘(ii) provides any of the emergency services (as
defined in subparagraph (C)(i)).
‘‘(E) QUALIFYING PAYMENT AMOUNT.—
‘‘(i) IN GENERAL.—The term ‘qualifying payment
amount’ means, subject to clauses (ii) and (iii), with
respect to a sponsor of a group health plan and health
insurance issuer offering group or individual health
insurance coverage—
‘‘(I) for an item or service furnished during
2022, the median of the contracted rates recognized by the plan or issuer, respectively (determined with respect to all such plans of such
sponsor or all such coverage offered by such issuer
that are offered within the same insurance market
(specified in subclause (I), (II), (III), or (IV) of
clause (iv)) as the plan or coverage) as the total
maximum payment (including the cost-sharing
amount imposed for such item or service and the
amount to be paid by the plan or issuer, respectively) under such plans or coverage, respectively,
on January 31, 2019, for the same or a similar
item or service that is provided by a provider in
the same or similar specialty and provided in the
geographic region in which the item or service
is furnished, consistent with the methodology
established by the Secretary under paragraph
(2)(B), increased by the percentage increase in the
consumer price index for all urban consumers
(United States city average) over 2019, such

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Determination.

Determination.
Guidelines.

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134 STAT. 2764

PUBLIC LAW 116–260—DEC. 27, 2020
percentage increase over 2020, and such percentage increase over 2021; and
‘‘(II) for an item or service furnished during
2023 or a subsequent year, the qualifying payment
amount determined under this clause for such an
item or service furnished in the previous year,
increased by the percentage increase in the consumer price index for all urban consumers (United
States city average) over such previous year.
‘‘(ii) NEW PLANS AND COVERAGE.—The term ‘qualifying payment amount’ means, with respect to a
sponsor of a group health plan or health insurance
issuer offering group or individual health insurance
coverage in a geographic region in which such sponsor
or issuer, respectively, did not offer any group health
plan or health insurance coverage during 2019—
‘‘(I) for the first year in which such group
health plan, group health insurance coverage, or
individual health insurance coverage, respectively,
is offered in such region, a rate (determined in
accordance with a methodology established by the
Secretary) for items and services that are covered
by such plan or coverage and furnished during
such first year; and
‘‘(II) for each subsequent year such group
health plan, group health insurance coverage, or
individual health insurance coverage, respectively,
is offered in such region, the qualifying payment
amount determined under this clause for such
items and services furnished in the previous year,
increased by the percentage increase in the consumer price index for all urban consumers (United
States city average) over such previous year.
‘‘(iii) INSUFFICIENT INFORMATION; NEWLY COVERED
ITEMS AND SERVICES.—In the case of a sponsor of a
group health plan or health insurance issuer offering
group or individual health insurance coverage that does
not have sufficient information to calculate the median
of the contracted rates described in clause (i)(I) in
2019 (or, in the case of a newly covered item or service
(as defined in clause (v)(III)), in the first coverage
year (as defined in clause (v)(I)) for such item or service
with respect to such plan or coverage) for an item
or service (including with respect to provider type,
or amount, of claims for items or services (as determined by the Secretary) provided in a particular
geographic region (other than in a case with respect
to which clause (ii) applies)) the term ‘qualifying payment amount’—
‘‘(I) for an item or service furnished during
2022 (or, in the case of a newly covered item
or service, during the first coverage year for such
item or service with respect to such plan or coverage), means such rate for such item or service
determined by the sponsor or issuer, respectively,
through use of any database that is determined,

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134 STAT. 2765

in accordance with rulemaking described in paragraph (2)(B), to not have any conflicts of interest
and to have sufficient information reflecting
allowed amounts paid to a health care provider
or facility for relevant services furnished in the
applicable geographic region (such as a State allpayer claims database);
‘‘(II) for an item or service furnished in a subsequent year (before the first sufficient information
year (as defined in clause (v)(II)) for such item
or service with respect to such plan or coverage),
means the rate determined under subclause (I)
or this subclause, as applicable, for such item or
service for the year previous to such subsequent
year, increased by the percentage increase in the
consumer price index for all urban consumers
(United States city average) over such previous
year;
‘‘(III) for an item or service furnished in the
first sufficient information year for such item or
service with respect to such plan or coverage, has
the meaning given the term qualifying payment
amount in clause (i)(I), except that in applying
such clause to such item or service, the reference
to ‘furnished during 2022’ shall be treated as a
reference to furnished during such first sufficient
information year, the reference to ‘in 2019’ shall
be treated as a reference to such sufficient information year, and the increase described in such clause
shall not be applied; and
‘‘(IV) for an item or service furnished in any
year subsequent to the first sufficient information
year for such item or service with respect to such
plan or coverage, has the meaning given such term
in clause (i)(II), except that in applying such clause
to such item or service, the reference to ‘furnished
during 2023 or a subsequent year’ shall be treated
as a reference to furnished during the year after
such first sufficient information year or a subsequent year.
‘‘(iv) INSURANCE MARKET.—For purposes of clause
(i)(I), a health insurance market specified in this clause
is one of the following:
‘‘(I) The individual market.
‘‘(II) The large group market (other than plans
described in subclause (IV)).
‘‘(III) The small group market (other than
plans described in subclause (IV)).
‘‘(IV) In the case of a self-insured group health
plan, other self-insured group health plans.
‘‘(v) DEFINITIONS.—For purposes of this subparagraph:
‘‘(I) FIRST COVERAGE YEAR.—The term ‘first
coverage year’ means, with respect to a group
health plan or group or individual health insurance
coverage offered by a health insurance issuer and
an item or service for which coverage is not offered

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134 STAT. 2766

PUBLIC LAW 116–260—DEC. 27, 2020
in 2019 under such plan or coverage, the first
year after 2019 for which coverage for such item
or service is offered under such plan or health
insurance coverage.
‘‘(II) FIRST SUFFICIENT INFORMATION YEAR.—
The term ‘first sufficient information year’ means,
with respect to a group health plan or group or
individual health insurance coverage offered by
a health insurance issuer—
‘‘(aa) in the case of an item or service
for which the plan or coverage does not have
sufficient information to calculate the median
of the contracted rates described in clause (i)(I)
in 2019, the first year subsequent to 2022
for which the sponsor or issuer has such sufficient information to calculate the median of
such contracted rates in the year previous to
such first subsequent year; and
‘‘(bb) in the case of a newly covered item
or service, the first year subsequent to the
first coverage year for such item or service
with respect to such plan or coverage for which
the sponsor or issuer has sufficient information to calculate the median of the contracted
rates described in clause (i)(I) in the year previous to such first subsequent year.
‘‘(III) NEWLY COVERED ITEM OR SERVICE.—The
term ‘newly covered item or service’ means, with
respect to a group health plan or group or individual health insurance issuer offering health
insurance coverage, an item or service for which
coverage was not offered in 2019 under such plan
or coverage, but is offered under such plan or
coverage in a year after 2019.
‘‘(F) NONPARTICIPATING EMERGENCY FACILITY; PARTICIPATING EMERGENCY FACILITY.—
‘‘(i) NONPARTICIPATING EMERGENCY FACILITY.—The
term ‘nonparticipating emergency facility’ means, with
respect to an item or service and a group health plan
or group or individual health insurance coverage
offered by a health insurance issuer, an emergency
department of a hospital, or an independent freestanding emergency department, that does not have
a contractual relationship directly or indirectly with
the plan or issuer, respectively, for furnishing such
item or service under the plan or coverage, respectively.
‘‘(ii) PARTICIPATING EMERGENCY FACILITY.—The
term ‘participating emergency facility’ means, with
respect to an item or service and a group health plan
or group or individual health insurance coverage
offered by a health insurance issuer, an emergency
department of a hospital, or an independent freestanding emergency department, that has a contractual
relationship directly or indirectly with the plan or
issuer, respectively, with respect to the furnishing of
such an item or service at such facility.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2767

‘‘(G) NONPARTICIPATING PROVIDERS; PARTICIPATING PRO-

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VIDERS.—

‘‘(i) NONPARTICIPATING PROVIDER.—The term ‘nonparticipating provider’ means, with respect to an item
or service and a group health plan or group or individual health insurance coverage offered by a health
insurance issuer, a physician or other health care provider who is acting within the scope of practice of
that provider’s license or certification under applicable
State law and who does not have a contractual relationship with the plan or issuer, respectively, for furnishing
such item or service under the plan or coverage, respectively.
‘‘(ii) PARTICIPATING PROVIDER.—The term ‘participating provider’ means, with respect to an item or
service and a group health plan or group or individual
health insurance coverage offered by a health insurance issuer, a physician or other health care provider
who is acting within the scope of practice of that provider’s license or certification under applicable State
law and who has a contractual relationship with the
plan or issuer, respectively, for furnishing such item
or service under the plan or coverage, respectively.
‘‘(H) RECOGNIZED AMOUNT.—The term ‘recognized
amount’ means, with respect to an item or service furnished
by a nonparticipating provider or nonparticipating emergency facility during a year and a group health plan or
group or individual health insurance coverage offered by
a health insurance issuer—
‘‘(i) subject to clause (iii), in the case of such item
or service furnished in a State that has in effect a
specified State law with respect to such plan, coverage,
or issuer, respectively; such a nonparticipating provider
or nonparticipating emergency facility; and such an
item or service, the amount determined in accordance
with such law;
‘‘(ii) subject to clause (iii), in the case of such
item or service furnished in a State that does not
have in effect a specified State law, with respect to
such plan, coverage, or issuer, respectively; such a
nonparticipating provider or nonparticipating emergency facility; and such an item or service, the amount
that is the qualifying payment amount (as defined
in subparagraph (E)) for such year and determined
in accordance with rulemaking described in paragraph
(2)(B)) for such item or service; or
‘‘(iii) in the case of such item or service furnished
in a State with an All-Payer Model Agreement under
section 1115A of the Social Security Act, the amount
that the State approves under such system for such
item or service so furnished.
‘‘(I) SPECIFIED STATE LAW.—The term ‘specified State
law’ means, with respect to a State, an item or service
furnished by a nonparticipating provider or nonparticipating emergency facility during a year and a group health
plan or group or individual health insurance coverage
offered by a health insurance issuer, a State law that

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Determination.

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provides for a method for determining the total amount
payable under such a plan, coverage, or issuer, respectively
(to the extent such State law applies to such plan, coverage,
or issuer, subject to section 514 of the Employee Retirement
Income Security Act of 1974) in the case of a participant,
beneficiary, or enrollee covered under such plan or coverage
and receiving such item or service from such a nonparticipating provider or nonparticipating emergency facility.
‘‘(J) STABILIZE.—The term ‘to stabilize’, with respect
to an emergency medical condition (as defined in subparagraph (B)), has the meaning give in section 1867(e)(3) of
the Social Security Act (42 U.S.C. 1395dd(e)(3)).
‘‘(K) OUT-OF-NETWORK RATE.—The term ‘out-of-network
rate’ means, with respect to an item or service furnished
in a State during a year to a participant, beneficiary,
or enrollee of a group health plan or group or individual
health insurance coverage offered by a health insurance
issuer receiving such item or service from a nonparticipating provider or nonparticipating emergency facility—
‘‘(i) subject to clause (iii), in the case of such item
or service furnished in a State that has in effect a
specified State law with respect to such plan, coverage,
or issuer, respectively; such a nonparticipating provider
or nonparticipating emergency facility; and such an
item or service, the amount determined in accordance
with such law;
‘‘(ii) subject to clause (iii), in the case such State
does not have in effect such a law with respect to
such item or service, plan, and provider or facility—
‘‘(I) subject to subclause (II), if the provider
or facility (as applicable) and such plan or coverage
agree on an amount of payment (including if such
agreed on amount is the initial payment sent by
the plan under subsection (a)(1)(C)(iv)(I),subsection
(b)(1)(C),
or
section
2799A–2(a)(3)(A),
as
applicable, or is agreed on through open negotiations under subsection (c)(1)) with respect to such
item or service, such agreed on amount; or
‘‘(II) if such provider or facility (as applicable)
and such plan or coverage enter the independent
dispute resolution process under subsection (c) and
do not so agree before the date on which a certified
IDR entity (as defined in paragraph (4) of such
subsection) makes a determination with respect
to such item or service under such subsection,
the amount of such determination; or
‘‘(iii) in the case such State has an All-Payer Model
Agreement under section 1115A of the Social Security
Act, the amount that the State approves under such
system for such item or service so furnished.
‘‘(L) COST-SHARING.—The term ‘cost-sharing’ includes
copayments, coinsurance, and deductibles.
‘‘(b) COVERAGE OF NON-EMERGENCY SERVICES PERFORMED BY
NONPARTICIPATING PROVIDERS AT CERTAIN PARTICIPATING FACILITIES.—
‘‘(1) IN GENERAL.—In the case of items or services (other
than emergency services to which subsection (a) applies) for

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2769

which any benefits are provided or covered by a group health
plan or health insurance issuer offering group or individual
health insurance coverage furnished to a participant, beneficiary, or enrollee of such plan or coverage by a nonparticipating provider (as defined in subsection (a)(3)(G)(i)) (and who,
with respect to such items and services, has not satisfied the
notice and consent criteria of section 2799B–2(d)) with respect
to a visit (as defined by the Secretary in accordance with
paragraph (2)(B)) at a participating health care facility (as
defined in paragraph (2)(A)), with respect to such plan or coverage, respectively, the plan or coverage, respectively—
‘‘(A) shall not impose on such participant, beneficiary,
or enrollee a cost-sharing requirement for such items and
services so furnished that is greater than the cost-sharing
requirement that would apply under such plan or coverage,
respectively, had such items or services been furnished
by a participating provider (as defined in subsection
(a)(3)(G)(ii));
‘‘(B) shall calculate such cost-sharing requirement as
if the total amount that would have been charged for
such items and services by such participating provider
were equal to the recognized amount (as defined in subsection (a)(3)(H)) for such items and services, plan or coverage, and year;
‘‘(C) not later than 30 calendar days after the bill
for such services is transmitted by such provider, shall
send to the provider an initial payment or notice of denial
of payment;
‘‘(D) shall pay a total plan or coverage payment
directly, in accordance, if applicable,with the timing
requirement described in subsection (c)(6), to such provider
furnishing such items and services to such participant,
beneficiary, or enrollee that is, with application of any
initial payment under subparagraph (C), equal to the
amount by which the out-of-network rate (as defined in
subsection (a)(3)(K)) for such items and services involved
exceeds the cost-sharing amount imposed under the plan
or coverage, respectively, for such items and services (as
determined in accordance with subparagraphs (A) and (B))
and year; and
‘‘(E) shall count toward any in-network deductible and
in-network out-of-pocket maximums (as applicable) applied
under the plan or coverage, respectively, any cost-sharing
payments made by the participant, beneficiary, or enrollee
(and such in-network deductible and out-of-pocket maximums shall be applied) with respect to such items and
services so furnished in the same manner as if such costsharing payments were with respect to items and services
furnished by a participating provider.
‘‘(2) DEFINITIONS.—In this section:
‘‘(A) PARTICIPATING HEALTH CARE FACILITY.—
‘‘(i) IN GENERAL.—The term ‘participating health
care facility’ means, with respect to an item or service
and a group health plan or health insurance issuer
offering group or individual health insurance coverage,
a health care facility described in clause (ii) that has
a direct or indirect contractual relationship with the

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134 STAT. 2770

Determination.

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42 USC
300gg–117.

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plan or issuer, respectively, with respect to the furnishing of such an item or service at the facility.
‘‘(ii) HEALTH CARE FACILITY DESCRIBED.—A health
care facility described in this clause, with respect to
a group health plan or group or individual health insurance coverage, is each of the following:
‘‘(I) A hospital (as defined in 1861(e) of the
Social Security Act).
‘‘(II) A hospital outpatient department.
‘‘(III) A critical access hospital (as defined in
section 1861(mm)(1) of such Act).
‘‘(IV) An ambulatory surgical center described
in section 1833(i)(1)(A) of such Act.
‘‘(V) Any other facility, specified by the Secretary, that provides items or services for which
coverage is provided under the plan or coverage,
respectively.
‘‘(B) VISIT.—The term ‘visit’ shall, with respect to items
and services furnished to an individual at a health care
facility, include equipment and devices, telemedicine services, imaging services, laboratory services, preoperative and
postoperative services, and such other items and services
as the Secretary may specify, regardless of whether or
not the provider furnishing such items or services is at
the facility.
‘‘(c) CERTAIN ACCESS FEES TO CERTAIN DATABASES.—In the
case of a sponsor of a group health plan or health insurance issuer
offering group or individual health insurance coverage that, pursuant to subsection (a)(3)(E)(iii), uses a database described in such
subsection to determine a rate to apply under such subsection
for an item or service by reason of having insufficient information
described in such subsection with respect to such item or service,
such sponsor or issuer shall cover the cost for access to such
database.’’.
(2) TRANSFER AMENDMENT.—Part D of title XXVII of the
Public Health Service Act, as added by paragraph (1), is
amended by adding at the end the following new section:
‘‘SEC. 2799A–7. OTHER PATIENT PROTECTIONS.

‘‘(a) CHOICE OF HEALTH CARE PROFESSIONAL.—If a group health
plan, or a health insurance issuer offering group or individual
health insurance coverage, requires or provides for designation by
a participant, beneficiary, or enrollee of a participating primary
care provider, then the plan or issuer shall permit each participant,
beneficiary, and enrollee to designate any participating primary
care provider who is available to accept such individual.
‘‘(b) ACCESS TO PEDIATRIC CARE.—
‘‘(1) PEDIATRIC CARE.—In the case of a person who has
a child who is a participant, beneficiary, or enrollee under
a group health plan, or group or individual health insurance
coverage offered by a health insurance issuer, if the plan or
issuer requires or provides for the designation of a participating
primary care provider for the child, the plan or issuer shall
permit such person to designate a physician (allopathic or osteopathic) who specializes in pediatrics as the child’s primary
care provider if such provider participates in the network of
the plan or issuer.

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134 STAT. 2771

‘‘(2) CONSTRUCTION.—Nothing in paragraph (1) shall be
construed to waive any exclusions of coverage under the terms
and conditions of the plan or health insurance coverage with
respect to coverage of pediatric care.
‘‘(c) PATIENT ACCESS TO OBSTETRICAL AND GYNECOLOGICAL
CARE.—
‘‘(1) GENERAL RIGHTS.—
‘‘(A) DIRECT ACCESS.—A group health plan, or health
insurance issuer offering group or individual health insurance coverage, described in paragraph (2) may not require
authorization or referral by the plan, issuer, or any person
(including a primary care provider described in paragraph
(2)(B)) in the case of a female participant, beneficiary,
or enrollee who seeks coverage for obstetrical or gynecological care provided by a participating health care professional who specializes in obstetrics or gynecology. Such
professional shall agree to otherwise adhere to such plan’s
or issuer’s policies and procedures, including procedures
regarding referrals and obtaining prior authorization and
providing services pursuant to a treatment plan (if any)
approved by the plan or issuer.
‘‘(B) OBSTETRICAL AND GYNECOLOGICAL CARE.—A group
health plan or health insurance issuer described in paragraph (2) shall treat the provision of obstetrical and gynecological care, and the ordering of related obstetrical and
gynecological items and services, pursuant to the direct
access described under subparagraph (A), by a participating
health care professional who specializes in obstetrics or
gynecology as the authorization of the primary care provider.
‘‘(2) APPLICATION OF PARAGRAPH.—A group health plan,
or health insurance issuer offering group or individual health
insurance coverage, described in this paragraph is a group
health plan or health insurance coverage that—
‘‘(A) provides coverage for obstetric or gynecologic care;
and
‘‘(B) requires the designation by a participant, beneficiary, or enrollee of a participating primary care provider.
‘‘(3) CONSTRUCTION.—Nothing in paragraph (1) shall be
construed to—
‘‘(A) waive any exclusions of coverage under the terms
and conditions of the plan or health insurance coverage
with respect to coverage of obstetrical or gynecological care;
or
‘‘(B) preclude the group health plan or health insurance
issuer involved from requiring that the obstetrical or
gynecological provider notify the primary care health care
professional or the plan or issuer of treatment decisions.’’.
(3) CONFORMING AMENDMENTS.—
(A) Section 2719A of the Public Health Service Act
(42 U.S.C. 300gg–19a) is amended by adding at the end
the following new subsection:
‘‘(e) APPLICATION.—The provisions of this section shall not apply
with respect to a group health plan, health insurance issuers,
or group or individual health insurance coverage with respect to
plan years beginning on or on January 1, 2022.’’.

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134 STAT. 2772

PUBLIC LAW 116–260—DEC. 27, 2020
(B) Section 2722 of the Public Health Service Act (42
U.S.C. 300gg–21) is amended—
(i) in subsection (a)(1), by inserting ‘‘and part D’’
after ‘‘subparts 1 and 2’’;
(ii) in subsection (b), by inserting ‘‘and part D’’
after ‘‘subparts 1 and 2’’;
(iii) in subsection (c)(1), by inserting ‘‘and part
D’’ after ‘‘subparts 1 and 2’’;
(iv) in subsection (c)(2), by inserting ‘‘and part
D’’ after ‘‘subparts 1 and 2’’;
(v) in subsection (c)(3), by inserting ‘‘and part D’’
after ‘‘this part’’; and
(vi) in subsection (d), in the matter preceding paragraph (1), by inserting ‘‘and part D’’ after ‘‘this part’’.
(C) Section 2723 of the Public Health Service Act (42
U.S.C. 300gg–22) is amended—
(i) in subsection (a)(1), by inserting ‘‘and part D’’
after ‘‘this part’’;
(ii) in subsection (a)(2), by inserting ‘‘or part D’’
after ‘‘this part’’;
(iii) in subsection (b)(1), by inserting ‘‘or part D’’
after ‘‘this part’’;
(iv) in subsection (b)(2)(A), by inserting ‘‘or part
D’’ after ‘‘this part’’; and
(v) in subsection (b)(2)(C)(ii), by inserting ‘‘and part
D’’ after ‘‘this part’’.
(D) Section 2724 of the Public Health Service Act (42
U.S.C. 300gg–23) is amended—
(i) in subsection (a)(1)—
(I) by striking ‘‘this part and part C insofar
as it relates to this part’’ and inserting ‘‘this part,
part D, and part C insofar as it relates to this
part or part D’’; and
(II) by inserting ‘‘or part D’’ after ‘‘requirement
of this part’’;
(ii) in subsection (a)(2), by inserting ‘‘or part D’’
after ‘‘this part’’; and
(iii) in subsection (c), by inserting ‘‘or part D’’
after ‘‘this part (other than section 2704)’’.
(b) ERISA AMENDMENTS.—
(1) IN GENERAL.—Subpart B of part 7 of title I of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1185 et seq.) is amended by adding at the end the following:

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29 USC 1185e.

‘‘SEC. 716. PREVENTING SURPRISE MEDICAL BILLS.

‘‘(a) COVERAGE OF EMERGENCY SERVICES.—
‘‘(1) IN GENERAL.—If a group health plan, or a health insurance issuer offering group health insurance coverage, provides
or covers any benefits with respect to services in an emergency
department of a hospital or with respect to emergency services
in an independent freestanding emergency department (as
defined in paragraph (3)(D)), the plan or issuer shall cover
emergency services (as defined in paragraph (3)(C))—
‘‘(A) without the need for any prior authorization determination;

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2773

‘‘(B) whether the health care provider furnishing such
services is a participating provider or a participating emergency facility, as applicable, with respect to such services;
‘‘(C) in a manner so that, if such services are provided
to a participant or beneficiary by a nonparticipating provider or a nonparticipating emergency facility—
‘‘(i) such services will be provided without imposing
any requirement under the plan for prior authorization
of services or any limitation on coverage that is more
restrictive than the requirements or limitations that
apply to emergency services received from participating
providers and participating emergency facilities with
respect to such plan or coverage, respectively;
‘‘(ii) the cost-sharing requirement is not greater
than the requirement that would apply if such services
were provided by a participating provider or a participating emergency facility;
‘‘(iii) such cost-sharing requirement is calculated
as if the total amount that would have been charged
for such services by such participating provider or
participating emergency facility were equal to the recognized amount (as defined in paragraph (3)(H)) for
such services, plan or coverage, and year;
‘‘(iv) the group health plan or health insurance
issuer, respectively—
‘‘(I) not later than 30 calendar days after the
bill for such services is transmitted by such provider or facility, sends to the provider or facility,
as applicable, an initial payment or notice of denial
of payment; and
‘‘(II) pays a total plan or coverage payment
directly to such provider or facility, respectively
(in accordance, if applicable, with the timing
requirement described in subsection (c)(6)) that
is, with application of any initial payment under
subclause (I), equal to the amount by which the
out-of-network rate (as defined in paragraph
(3)(K)) for such services exceeds the cost-sharing
amount for such services (as determined in accordance with clauses (ii) and (iii)) and year; and
‘‘(v) any cost-sharing payments made by the
participant or beneficiary with respect to such emergency services so furnished shall be counted toward
any in-network deductible or out-of-pocket maximums
applied under the plan or coverage, respectively (and
such in-network deductible and out-of-pocket maximums shall be applied) in the same manner as if
such cost-sharing payments were made with respect
to emergency services furnished by a participating provider or a participating emergency facility; and
‘‘(D) without regard to any other term or condition
of such coverage (other than exclusion or coordination of
benefits, or an affiliation or waiting period, permitted under
section 2704 of the Public Health Service Act, including
as incorporated pursuant to section 715 of this Act and
section 9815 of the Internal Revenue Code of 1986, and
other than applicable cost-sharing).

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134 STAT. 2774

‘‘(2) REGULATIONS FOR QUALIFYING PAYMENT AMOUNTS.—
Not later than July 1, 2021, the Secretary, in consultation
with the Secretary of the Treasury and the Secretary of Health
and Human Services, shall establish through rulemaking—
‘‘(A) the methodology the group health plan or health
insurance issuer offering health insurance coverage in the
group market shall use to determine the qualifying payment amount, differentiating by large group market, and
small group market;
‘‘(B) the information such plan or issuer, respectively,
shall share with the nonparticipating provider or nonparticipating facility, as applicable, when making such a
determination;
‘‘(C) the geographic regions applied for purposes of
this subparagraph, taking into account access to items
and services in rural and underserved areas, including
health professional shortage areas, as defined in section
332 of the Public Health Service Act; and
‘‘(D) a process to receive complaints of violations of
the requirements described in subclauses (I) and (II) of
subparagraph (A)(i) by group health plans and health insurance issuers offering health insurance coverage in the group
market.
Such rulemaking shall take into account payments that are
made by such plan or issuer, respectively, that are not on
a fee-for-service basis. Such methodology may account for relevant payment adjustments that take into account quality or
facility type (including higher acuity settings and the casemix of various facility types) that are otherwise taken into
account for purposes of determining payment amounts with
respect to participating facilities. In carrying out clause (iii),
the Secretary shall consult with the National Association of
Insurance Commissioners to establish the geographic regions
under such clause and shall periodically update such regions,
as appropriate, taking into account the findings of the report
submitted under section 109(a) of the No Surprises Act.
‘‘(3) DEFINITIONS.—In this subpart:
‘‘(A) EMERGENCY DEPARTMENT OF A HOSPITAL.—The
term ‘emergency department of a hospital’ includes a hospital outpatient department that provides emergency services (as defined in subparagraph (C)(i)).
‘‘(B) EMERGENCY MEDICAL CONDITION.—The term
‘emergency medical condition’ means a medical condition
manifesting itself by acute symptoms of sufficient severity
(including severe pain) such that a prudent layperson, who
possesses an average knowledge of health and medicine,
could reasonably expect the absence of immediate medical
attention to result in a condition described in clause (i),
(ii), or (iii) of section 1867(e)(1)(A) of the Social Security
Act.
‘‘(C) EMERGENCY SERVICES.—
‘‘(i) IN GENERAL.—The term ‘emergency services’,
with respect to an emergency medical condition,
means—
‘‘(I) a medical screening examination (as
required under section 1867 of the Social Security
Act, or as would be required under such section

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134 STAT. 2775

if such section applied to an independent freestanding emergency department) that is within
the capability of the emergency department of a
hospital or of an independent freestanding emergency department, as applicable, including
ancillary services routinely available to the emergency department to evaluate such emergency
medical condition; and
‘‘(II) within the capabilities of the staff and
facilities available at the hospital or the independent freestanding emergency department, as
applicable, such further medical examination and
treatment as are required under section 1867 of
such Act, or as would be required under such
section if such section applied to an independent
freestanding emergency department, to stabilize
the patient (regardless of the department of the
hospital in which such further examination or
treatment is furnished).
‘‘(ii) INCLUSION OF ADDITIONAL SERVICES.—
‘‘(I) IN GENERAL.—For purposes of this subsection and section 2799B–1 of the Public Health
Service Act, in the case of a participant or beneficiary who is enrolled in a group health plan
or group health insurance coverage offered by a
health insurance issuer and who is furnished services described in clause (i) with respect to an emergency medical condition, the term ‘emergency services’ shall include, unless each of the conditions
described in subclause (II) are met, in addition
to the items and services described in clause (i),
items and services—
‘‘(aa) for which benefits are provided or
covered under the plan or coverage, respectively; and
‘‘(bb) that are furnished by a nonparticipating provider or nonparticipating emergency
facility (regardless of the department of the
hospital in which such items or services are
furnished) after the participant or beneficiary
is stabilized and as part of outpatient observation or an inpatient or outpatient stay with
respect to the visit in which the services
described in clause (i) are furnished.
‘‘(II) CONDITIONS.—For purposes of subclause
(I), the conditions described in this subclause, with
respect to a participant or beneficiary who is stabilized and furnished additional items and services
described in subclause (I) after such stabilization
by a provider or facility described in subclause
(I), are the following;
‘‘(aa) Such provider or facility determines
such individual is able to travel using nonmedical transportation or nonemergency medical
transportation.
‘‘(bb) Such provider furnishing such additional items and services satisfies the notice

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and consent criteria of section 2799B–2(d) with
respect to such items and services.
‘‘(cc) Such individual is in a condition to
receive (as determined in accordance with
guidelines issued by the Secretary pursuant
to rulemaking) the information described in
section 2799B–2 and to provide informed consent under such section, in accordance with
applicable State law.
‘‘(dd) Such other conditions, as specified
by the Secretary, such as conditions relating
to coordinating care transitions to participating providers and facilities.
‘‘(D) INDEPENDENT FREESTANDING EMERGENCY DEPARTMENT.—The term ‘independent freestanding emergency
department’ means a health care facility that—
‘‘(i) is geographically separate and distinct and
licensed separately from a hospital under applicable
State law; and
‘‘(ii) provides any of the emergency services (as
defined in subparagraph (C)(i)).
‘‘(E) QUALIFYING PAYMENT AMOUNT.—
‘‘(i) IN GENERAL.—The term ‘qualifying payment
amount’ means, subject to clauses (ii) and (iii), with
respect to a sponsor of a group health plan and health
insurance issuer offering group health insurance coverage—
‘‘(I) for an item or service furnished during
2022, the median of the contracted rates recognized by the plan or issuer, respectively (determined with respect to all such plans of such
sponsor or all such coverage offered by such issuer
that are offered within the same insurance market
(specified in subclause (I), (II), or (III) of clause
(iv)) as the plan or coverage) as the total maximum
payment (including the cost-sharing amount
imposed for such item or service and the amount
to be paid by the plan or issuer, respectively) under
such plans or coverage, respectively, on January
31, 2019, for the same or a similar item or service
that is provided by a provider in the same or
similar specialty and provided in the geographic
region in which the item or service is furnished,
consistent with the methodology established by the
Secretary under paragraph (2), increased by the
percentage increase in the consumer price index
for all urban consumers (United States city average) over 2019, such percentage increase over
2020, and such percentage increase over 2021; and
‘‘(II) for an item or service furnished during
2023 or a subsequent year, the qualifying payment
amount determined under this clause for such an
item or service furnished in the previous year,
increased by the percentage increase in the consumer price index for all urban consumers (United
States city average) over such previous year.

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134 STAT. 2777

‘‘(ii) NEW PLANS AND COVERAGE.—The term ‘qualifying payment amount’ means, with respect to a
sponsor of a group health plan or health insurance
issuer offering group health insurance coverage in a
geographic region in which such sponsor or issuer,
respectively, did not offer any group health plan or
health insurance coverage during 2019—
‘‘(I) for the first year in which such group
health plan or health insurance coverage, respectively, is offered in such region, a rate (determined
in accordance with a methodology established by
the Secretary) for items and services that are covered by such plan and furnished during such first
year; and
‘‘(II) for each subsequent year such group
health plan or health insurance coverage, respectively, is offered in such region, the qualifying
payment amount determined under this clause for
such items and services furnished in the previous
year, increased by the percentage increase in the
consumer price index for all urban consumers
(United States city average) over such previous
year.
‘‘(iii) INSUFFICIENT INFORMATION; NEWLY COVERED
ITEMS AND SERVICES.—In the case of a sponsor of a
group health plan or health insurance issuer offering
group health insurance coverage that does not have
sufficient information to calculate the median of the
contracted rates described in clause (i)(I) in 2019 (or,
in the case of a newly covered item or service (as
defined in clause (v)(III)), in the first coverage year
(as defined in clause (v)(I)) for such item or service
with respect to such plan or coverage) for an item
or service (including with respect to provider type,
or amount, of claims for items or services (as determined by the Secretary) provided in a particular
geographic region (other than in a case with respect
to which clause (ii) applies)) the term ‘qualifying payment amount’—
‘‘(I) for an item or service furnished during
2022 (or, in the case of a newly covered item
or service, during the first coverage year for such
item or service with respect to such plan or coverage), means such rate for such item or service
determined by the sponsor or issuer, respectively,
through use of any database that is determined,
in accordance with rulemaking described in paragraph (2), to not have any conflicts of interest
and to have sufficient information reflecting
allowed amounts paid to a health care provider
or facility for relevant services furnished in the
applicable geographic region (such as a State allpayer claims database);
‘‘(II) for an item or service furnished in a subsequent year (before the first sufficient information
year (as defined in clause (v)(II)) for such item
or service with respect to such plan or coverage),

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PUBLIC LAW 116–260—DEC. 27, 2020
means the rate determined under subclause (I)
or this subclause, as applicable, for such item or
service for the year previous to such subsequent
year, increased by the percentage increase in the
consumer price index for all urban consumers
(United States city average) over such previous
year;
‘‘(III) for an item or service furnished in the
first sufficient information year for such item or
service with respect to such plan or coverage, has
the meaning given the term qualifying payment
amount in clause (i)(I), except that in applying
such clause to such item or service, the reference
to ‘furnished during 2022’ shall be treated as a
reference to furnished during such first sufficient
information year, the reference to ‘in 2019’ shall
be treated as a reference to such sufficient information year, and the increase described in such clause
shall not be applied; and
‘‘(IV) for an item or service furnished in any
year subsequent to the first sufficient information
year for such item or service with respect to such
plan or coverage, has the meaning given such term
in clause (i)(II), except that in applying such clause
to such item or service, the reference to ‘furnished
during 2023 or a subsequent year’ shall be treated
as a reference to furnished during the year after
such first sufficient information year or a subsequent year.
‘‘(iv) INSURANCE MARKET.—For purposes of clause
(i)(I), a health insurance market specified in this clause
is one of the following:
‘‘(I) The large group market (other than plans
described in subclause (III)).
‘‘(II) The small group market (other than plans
described in subclause (III)).
‘‘(III) In the case of a self-insured group health
plan, other self-insured group health plans.
‘‘(v) DEFINITIONS.—For purposes of this subparagraph:
‘‘(I) FIRST COVERAGE YEAR.—The term ‘first
coverage year’ means, with respect to a group
health plan or group health insurance coverage
offered by a health insurance issuer and an item
or service for which coverage is not offered in
2019 under such plan or coverage, the first year
after 2019 for which coverage for such item or
service is offered under such plan or health insurance coverage.
‘‘(II) FIRST SUFFICIENT INFORMATION YEAR.—
The term ‘first sufficient information year’ means,
with respect to a group health plan or group health
insurance coverage offered by a health insurance
issuer—
‘‘(aa) in the case of an item or service
for which the plan or coverage does not have
sufficient information to calculate the median

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134 STAT. 2779

of the contracted rates described in clause (i)(I)
in 2019, the first year subsequent to 2022
for which such sponsor or issuer has such
sufficient information to calculate the median
of such contracted rates in the year previous
to such first subsequent year; and
‘‘(bb) in the case of a newly covered item
or service, the first year subsequent to the
first coverage year for such item or service
with respect to such plan or coverage for which
the sponsor or issuer has sufficient information to calculate the median of the contracted
rates described in clause (i)(I) in the year previous to such first subsequent year.
‘‘(III) NEWLY COVERED ITEM OR SERVICE.—The
term ‘newly covered item or service’ means, with
respect to a group health plan or health insurance
issuer offering group health insurance coverage,
an item or service for which coverage was not
offered in 2019 under such plan or coverage, but
is offered under such plan or coverage in a year
after 2019.
‘‘(F) NONPARTICIPATING EMERGENCY FACILITY; PARTICIPATING EMERGENCY FACILITY.—
‘‘(i) NONPARTICIPATING EMERGENCY FACILITY.—The
term ‘nonparticipating emergency facility’ means, with
respect to an item or service and a group health plan
or group health insurance coverage offered by a health
insurance issuer, an emergency department of a hospital, or an independent freestanding emergency
department, that does not have a contractual relationship directly or indirectly with the plan or issuer,
respectively, for furnishing such item or service under
the plan or coverage, respectively.
‘‘(ii) PARTICIPATING EMERGENCY FACILITY.—The
term ‘participating emergency facility’ means, with
respect to an item or service and a group health plan
or group health insurance coverage offered by a health
insurance issuer, an emergency department of a hospital, or an independent freestanding emergency
department, that has a contractual relationship
directly or indirectly with the plan or issuer, respectively, with respect to the furnishing of such an item
or service at such facility.
‘‘(G) NONPARTICIPATING PROVIDERS; PARTICIPATING PROVIDERS.—
‘‘(i) NONPARTICIPATING PROVIDER.—The term ‘nonparticipating provider’ means, with respect to an item
or service and a group health plan or group health
insurance coverage offered by a health insurance
issuer, a physician or other health care provider who
is acting within the scope of practice of that provider’s
license or certification under applicable State law and
who does not have a contractual relationship with the
plan or issuer, respectively, for furnishing such item
or service under the plan or coverage, respectively.

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PUBLIC LAW 116–260—DEC. 27, 2020
‘‘(ii) PARTICIPATING PROVIDER.—The term ‘participating provider’ means, with respect to an item or
service and a group health plan or group health insurance coverage offered by a health insurance issuer,
a physician or other health care provider who is acting
within the scope of practice of that provider’s license
or certification under applicable State law and who
has a contractual relationship with the plan or issuer,
respectively, for furnishing such item or service under
the plan or coverage, respectively.
‘‘(H) RECOGNIZED AMOUNT.—The term ‘recognized
amount’ means, with respect to an item or service furnished
by a nonparticipating provider or nonparticipating emergency facility during a year and a group health plan or
group health insurance coverage offered by a health insurance issuer—
‘‘(i) subject to clause (iii), in the case of such item
or service furnished in a State that has in effect a
specified State law with respect to such plan, coverage,
or issuer, respectively; such a nonparticipating provider
or nonparticipating emergency facility; and such an
item or service, the amount determined in accordance
with such law;
‘‘(ii) subject to clause (iii), in the case of such
item or service furnished in a State that does not
have in effect a specified State law, with respect to
such plan, coverage, or issuer, respectively; such a
nonparticipating provider or nonparticipating emergency facility; and such an item or service, the amount
that is the qualifying payment amount (as defined
in subparagraph (E)) for such year and determined
in accordance with rulemaking described in paragraph
(2)) for such item or service; or
‘‘(iii) in the case of such item or service furnished
in a State with an All-Payer Model Agreement under
section 1115A of the Social Security Act, the amount
that the State approves under such system for such
item or service so furnished.
‘‘(I) SPECIFIED STATE LAW.—The term ‘specified State
law’ means, with respect to a State, an item or service
furnished by a nonparticipating provider or nonparticipating emergency facility during a year and a group health
plan or group health insurance coverage offered by a health
insurance issuer, a State law that provides for a method
for determining the total amount payable under such a
plan, coverage, or issuer, respectively (to the extent such
State law applies to such plan, coverage, or issuer, subject
to section 514) in the case of a participant or beneficiary
covered under such plan or coverage and receiving such
item or service from such a nonparticipating provider or
nonparticipating emergency facility.
‘‘(J) STABILIZE.—The term ‘to stabilize’, with respect
to an emergency medical condition (as defined in subparagraph (B)), has the meaning give in section 1867(e)(3) of
the Social Security Act (42 U.S.C. 1395dd(e)(3)).
‘‘(K) OUT-OF-NETWORK RATE.—The term ‘out-of-network
rate’ means, with respect to an item or service furnished

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134 STAT. 2781

in a State during a year to a participant or beneficiary
of a group health plan or group health insurance coverage
offered by a health insurance issuer receiving such item
or service from a nonparticipating provider or nonparticipating emergency facility—
‘‘(i) subject to clause (iii), in the case of such item
or service furnished in a State that has in effect a
specified State law with respect to such plan, coverage,
or issuer, respectively; such a nonparticipating provider
or nonparticipating emergency facility; and such an
item or service, the amount determined in accordance
with such law;
‘‘(ii) subject to clause (iii), in the case such State
does not have in effect such a law with respect to
such item or service, plan, and provider or facility—
‘‘(I) subject to subclause (II), if the provider
or facility (as applicable) and such plan or coverage
agree on an amount of payment (including if such
agreed on amount is the initial payment sent by
the plan under subsection (a)(1)(C)(iv)(I), subsection (b)(1)(C), or section 717(a)(3)(A), as
applicable, or is agreed on through open negotiations under subsection (c)(1)) with respect to such
item or service, such agreed on amount; or
‘‘(II) if such provider or facility (as applicable)
and such plan or coverage enter the independent
dispute resolution process under subsection (c) and
do not so agree before the date on which a certified
IDR entity (as defined in paragraph (4) of such
subsection) makes a determination with respect
to such item or service under such subsection,
the amount of such determination; or
‘‘(iii) in the case such State has an All-Payer Model
Agreement under section 1115A of the Social Security
Act, the amount that the State approves under such
system for such item or service so furnished.
‘‘(L) COST-SHARING.—The term ‘cost-sharing’ includes
copayments, coinsurance, and deductibles.
‘‘(b) COVERAGE OF NON-EMERGENCY SERVICES PERFORMED BY
NONPARTICIPATING PROVIDERS AT CERTAIN PARTICIPATING FACILITIES.—
‘‘(1) IN GENERAL.—In the case of items or services (other
than emergency services to which subsection (a) applies) for
which any benefits are provided or covered by a group health
plan or health insurance issuer offering group health insurance
coverage furnished to a participant or beneficiary of such plan
or coverage by a nonparticipating provider (as defined in subsection (a)(3)(G)(i)) (and who, with respect to such items and
services, has not satisfied the notice and consent criteria of
section 2799B–2(d) of the Public Health Service Act) with
respect to a visit (as defined by the Secretary in accordance
with paragraph (2)(B)) at a participating health care facility
(as defined in paragraph (2)(A)), with respect to such plan
or coverage, respectively, the plan or coverage, respectively—
‘‘(A) shall not impose on such participant or beneficiary
a cost-sharing requirement for such items and services

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134 STAT. 2782

so furnished that is greater than the cost-sharing requirement that would apply under such plan or coverage, respectively, had such items or services been furnished by a
participating provider (as defined in subsection
(a)(3)(G)(ii));
‘‘(B) shall calculate such cost-sharing requirement as
if the total amount that would have been charged for
such items and services by such participating provider
were equal to the recognized amount (as defined in subsection (a)(3)(H)) for such items and services, plan or coverage, and year;
‘‘(C) not later than 30 calendar days after the bill
for such items or services is transmitted by such provider,
shall send to the provider an initial payment or notice
of denial of payment;
‘‘(D) shall pay a total plan or coverage payment
directly, in accordance, if applicable, with the timing
requirement described in subsection (c)(6), to such provider
furnishing such items and services to such participant or
beneficiary that is, with application of any initial payment
under subparagraph (C), equal to the amount by which
the out-of-network rate (as defined in subsection (a)(3)(K))
for such items and services exceeds the cost-sharing amount
imposed under the plan or coverage, respectively, for such
items and services (as determined in accordance with subparagraphs (A) and (B)) and year; and
‘‘(E) shall count toward any in-network deductible and
in-network out-of-pocket maximums (as applicable) applied
under the plan or coverage, respectively, any cost-sharing
payments made by the participant or beneficiary (and such
in-network deductible and out-of-pocket maximums shall
be applied) with respect to such items and services so
furnished in the same manner as if such cost-sharing payments were with respect to items and services furnished
by a participating provider.
‘‘(2) DEFINITIONS.—In this section:
‘‘(A) PARTICIPATING HEALTH CARE FACILITY.—
‘‘(i) IN GENERAL.—The term ‘participating health
care facility’ means, with respect to an item or service
and a group health plan or health insurance issuer
offering group health insurance coverage, a health care
facility described in clause (ii) that has a direct or
indirect contractual relationship with the plan or
issuer, respectively, with respect to the furnishing of
such an item or service at the facility.
‘‘(ii) HEALTH CARE FACILITY DESCRIBED.—A health
care facility described in this clause, with respect to
a group health plan or group health insurance coverage, is each of the following:
‘‘(I) A hospital (as defined in 1861(e) of the
Social Security Act).
‘‘(II) A hospital outpatient department.
‘‘(III) A critical access hospital (as defined in
section 1861(mm)(1) of such Act).
‘‘(IV) An ambulatory surgical center described
in section 1833(i)(1)(A) of such Act.

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Notice.

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‘‘(V) Any other facility, specified by the Secretary, that provides items or services for which
coverage is provided under the plan or coverage,
respectively.
‘‘(B) VISIT.—The term ‘visit’ shall, with respect to items
and services furnished to an individual at a health care
facility, include equipment and devices, telemedicine services, imaging services, laboratory services, preoperative and
postoperative services, and such other items and services
as the Secretary may specify, regardless of whether or
not the provider furnishing such items or services is at
the facility.
‘‘(c) CERTAIN ACCESS FEES TO CERTAIN DATABASES.—In the
case of a sponsor of a group health plan or health insurance issuer
offering group health insurance coverage that, pursuant to subsection (a)(3)(E)(iii), uses a database described in such subsection
to determine a rate to apply under such subsection for an item
or service by reason of having insufficient information described
in such subsection with respect to such item or service, such sponsor
or issuer shall cover the cost for access to such database.’’.
(2) TRANSFER AMENDMENT.—Subpart B of part 7 of title
I of the Employee Retirement Income Security Act of 1974
(29 U.S.C. 1185 et seq.), as amended by paragraph (1), is
further amended by adding at the end the following:

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‘‘SEC. 722. OTHER PATIENT PROTECTIONS.

29 USC 1185k.

‘‘(a) CHOICE OF HEALTH CARE PROFESSIONAL.—If a group health
plan, or a health insurance issuer offering group health insurance
coverage, requires or provides for designation by a participant or
beneficiary of a participating primary care provider, then the plan
or issuer shall permit each participant and beneficiary to designate
any participating primary care provider who is available to accept
such individual.
‘‘(b) ACCESS TO PEDIATRIC CARE.—
‘‘(1) PEDIATRIC CARE.—In the case of a person who has
a child who is a participant or beneficiary under a group
health plan, or group health insurance coverage offered by
a health insurance issuer, if the plan or issuer requires or
provides for the designation of a participating primary care
provider for the child, the plan or issuer shall permit such
person to designate a physician (allopathic or osteopathic) who
specializes in pediatrics as the child’s primary care provider
if such provider participates in the network of the plan or
issuer.
‘‘(2) CONSTRUCTION.—Nothing in paragraph (1) shall be
construed to waive any exclusions of coverage under the terms
and conditions of the plan or health insurance coverage with
respect to coverage of pediatric care.
‘‘(c) PATIENT ACCESS TO OBSTETRICAL AND GYNECOLOGICAL
CARE.—
‘‘(1) GENERAL RIGHTS.—
‘‘(A) DIRECT ACCESS.—A group health plan, or health
insurance issuer offering group health insurance coverage,
described in paragraph (2) may not require authorization
or referral by the plan, issuer, or any person (including
a primary care provider described in paragraph (2)(B))
in the case of a female participant or beneficiary who

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PUBLIC LAW 116–260—DEC. 27, 2020
seeks coverage for obstetrical or gynecological care provided
by a participating health care professional who specializes
in obstetrics or gynecology. Such professional shall agree
to otherwise adhere to such plan’s or issuer’s policies and
procedures, including procedures regarding referrals and
obtaining prior authorization and providing services pursuant to a treatment plan (if any) approved by the plan
or issuer.
‘‘(B) OBSTETRICAL AND GYNECOLOGICAL CARE.—A group
health plan or health insurance issuer described in paragraph (2) shall treat the provision of obstetrical and gynecological care, and the ordering of related obstetrical and
gynecological items and services, pursuant to the direct
access described under subparagraph (A), by a participating
health care professional who specializes in obstetrics or
gynecology as the authorization of the primary care provider.
‘‘(2) APPLICATION OF PARAGRAPH.—A group health plan,
or health insurance issuer offering group health insurance coverage, described in this paragraph is a group health plan or
coverage that—
‘‘(A) provides coverage for obstetric or gynecologic care;
and
‘‘(B) requires the designation by a participant or beneficiary of a participating primary care provider.
‘‘(3) CONSTRUCTION.—Nothing in paragraph (1) shall be
construed to—
‘‘(A) waive any exclusions of coverage under the terms
and conditions of the plan or health insurance coverage
with respect to coverage of obstetrical or gynecological care;
or
‘‘(B) preclude the group health plan or health insurance
issuer involved from requiring that the obstetrical or
gynecological provider notify the primary care health care
professional or the plan or issuer of treatment decisions.’’.
(3) CLERICAL AMENDMENT.—The table of contents of the
Employee Retirement Income Security Act of 1974 is amended
by inserting after the item relating to section 714 the following:

‘‘Sec. 715. Additional market reforms.
‘‘Sec. 716. Preventing surprise medical bills.
‘‘Sec. 722. Other patient protections.’’.

(c) IRC AMENDMENTS.—
(1) IN GENERAL.—Subchapter B of chapter 100 of the
Internal Revenue Code of 1986 is amended by adding at the
end the following:

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26 USC 9816.

‘‘SEC. 9816. PREVENTING SURPRISE MEDICAL BILLS.

‘‘(a) COVERAGE OF EMERGENCY SERVICES.—
‘‘(1) IN GENERAL.—If a group health plan provides or covers
any benefits with respect to services in an emergency department of a hospital or with respect to emergency services in
an independent freestanding emergency department (as defined
in paragraph (3)(D)), the plan shall cover emergency services
(as defined in paragraph (3)(C))—
‘‘(A) without the need for any prior authorization determination;

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134 STAT. 2785

‘‘(B) whether the health care provider furnishing such
services is a participating provider or a participating emergency facility, as applicable, with respect to such services;
‘‘(C) in a manner so that, if such services are provided
to a participant or beneficiary by a nonparticipating provider or a nonparticipating emergency facility—
‘‘(i) such services will be provided without imposing
any requirement under the plan for prior authorization
of services or any limitation on coverage that is more
restrictive than the requirements or limitations that
apply to emergency services received from participating
providers and participating emergency facilities with
respect to such plan;
‘‘(ii) the cost-sharing requirement is not greater
than the requirement that would apply if such services
were provided by a participating provider or a participating emergency facility;
‘‘(iii) such cost-sharing requirement is calculated
as if the total amount that would have been charged
for such services by such participating provider or
participating emergency facility were equal to the recognized amount (as defined in paragraph (3)(H)) for
such services, plan, and year;
‘‘(iv) the group health plan—
‘‘(I) not later than 30 calendar days after the
bill for such services is transmitted by such provider or facility, sends to the provider or facility,
as applicable, an initial payment or notice of denial
of payment; and
‘‘(II) pays a total plan payment directly to
such provider or facility, respectively (in accordance, if applicable, with the timing requirement
described in subsection (c)(6)) that is, with application of any initial payment under subclause (I),
equal to the amount by which the out-of-network
rate (as defined in paragraph (3)(K)) for such services exceeds the cost-sharing amount for such services (as determined in accordance with clauses (ii)
and (iii)) and year; and
‘‘(iv) any cost-sharing payments made by the
participant or beneficiary with respect to such emergency services so furnished shall be counted toward
any in-network deductible or out-of-pocket maximums
applied under the plan (and such in-network deductible
and out-of-pocket maximums shall be applied) in the
same manner as if such cost-sharing payments were
made with respect to emergency services furnished
by a participating provider or a participating emergency facility; and
‘‘(D) without regard to any other term or condition
of such coverage (other than exclusion or coordination of
benefits, or an affiliation or waiting period, permitted under
section 2704 of the Public Health Service Act, including
as incorporated pursuant to section 715 of the Employee
Retirement Income Security Act of 1974 and section 9815
of this Act, and other than applicable cost-sharing).

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134 STAT. 2786

‘‘(2) AUDIT PROCESS AND REGULATIONS FOR QUALIFYING PAYMENT AMOUNTS.—
‘‘(A) AUDIT PROCESS.—
‘‘(i) IN GENERAL.—Not later than October 1, 2021,

Deadline.
Consultation.

the Secretary, in consultation with the Secretary of
Health and Human Services and the Secretary of
Labor, shall establish through rulemaking a process,
in accordance with clause (ii), under which group
health plans are audited by the Secretary or applicable
State authority to ensure that—
‘‘(I) such plans are in compliance with the
requirement of applying a qualifying payment
amount under this section; and
‘‘(II) such qualifying payment amount so
applied satisfies the definition under paragraph
(3)(E) with respect to the year involved, including
with respect to a group health plan described in
clause (ii) of such paragraph (3)(E).
‘‘(ii) AUDIT SAMPLES.—Under the process established pursuant to clause (i), the Secretary—
‘‘(I) shall conduct audits described in such
clause, with respect to a year (beginning with
2022), of a sample with respect to such year of
claims data from not more than 25 group health
plans; and
‘‘(II) may audit any group health plan if the
Secretary has received any complaint or other
information about such plan or coverage, respectively, that involves the compliance of the plan
with either of the requirements described in subclauses (I) and (II) of such clause.
‘‘(iii) REPORTS.—Beginning for 2022, the Secretary
shall annually submit to Congress a report on the
number of plans and issuers with respect to which
audits were conducted during such year pursuant to
this subparagraph.
‘‘(B) RULEMAKING.—Not later than July 1, 2021, the
Secretary, in consultation with the Secretary of Labor and
the Secretary of Health and Human Services, shall establish through rulemaking—
‘‘(i) the methodology the group health plan shall
use to determine the qualifying payment amount, differentiating by large group market and small group
market;
‘‘(ii) the information such plan or issuer, respectively, shall share with the nonparticipating provider
or nonparticipating facility, as applicable, when
making such a determination;
‘‘(iii) the geographic regions applied for purposes
of this subparagraph, taking into account access to
items and services in rural and underserved areas,
including health professional shortage areas, as defined
in section 332 of the Public Health Service Act; and
‘‘(iv) a process to receive complaints of violations
of the requirements described in subclauses (I) and
(II) of subparagraph (A)(i) by group health plans.

Compliance.

Deadline.
Consultation.

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134 STAT. 2787

Such rulemaking shall take into account payments that
are made by such plan that are not on a fee-for-service
basis. Such methodology may account for relevant payment
adjustments that take into account quality or facility type
(including higher acuity settings and the case-mix of various facility types) that are otherwise taken into account
for purposes of determining payment amounts with respect
to participating facilities. In carrying out clause (iii), the
Secretary shall consult with the National Association of
Insurance Commissioners to establish the geographic
regions under such clause and shall periodically update
such regions, as appropriate, taking into account the
findings of the report submitted under section 109(a) of
the No Surprises Act.
‘‘(3) DEFINITIONS.—In this subchapter:
‘‘(A) EMERGENCY DEPARTMENT OF A HOSPITAL.—The
term ‘emergency department of a hospital’ includes a hospital outpatient department that provides emergency services (as defined in subparagraph (C)(i)).
‘‘(B) EMERGENCY MEDICAL CONDITION.—The term
‘emergency medical condition’ means a medical condition
manifesting itself by acute symptoms of sufficient severity
(including severe pain) such that a prudent layperson, who
possesses an average knowledge of health and medicine,
could reasonably expect the absence of immediate medical
attention to result in a condition described in clause (i),
(ii), or (iii) of section 1867(e)(1)(A) of the Social Security
Act.
‘‘(C) EMERGENCY SERVICES.—
‘‘(i) IN GENERAL.—The term ‘emergency services’,
with respect to an emergency medical condition,
means—
‘‘(I) a medical screening examination (as
required under section 1867 of the Social Security
Act, or as would be required under such section
if such section applied to an independent freestanding emergency department) that is within
the capability of the emergency department of a
hospital or of an independent freestanding emergency department, as applicable, including
ancillary services routinely available to the emergency department to evaluate such emergency
medical condition; and
‘‘(II) within the capabilities of the staff and
facilities available at the hospital or the independent freestanding emergency department, as
applicable, such further medical examination and
treatment as are required under section 1867 of
such Act, or as would be required under such
section if such section applied to an independent
freestanding emergency department, to stabilize
the patient (regardless of the department of the
hospital in which such further examination or
treatment is furnished).
‘‘(ii) INCLUSION OF ADDITIONAL SERVICES.—
‘‘(I) IN GENERAL.—For purposes of this subsection and section 2799B–1 of the Public Health

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Updates.

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Determination.

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Guidelines.

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Service Act, in the case of a participant or beneficiary who is enrolled in a group health plan
and who is furnished services described in clause
(i) with respect to an emergency medical condition,
the term ‘emergency services’ shall include, unless
each of the conditions described in subclause (II)
are met, in addition to the items and services
described in clause (i), items and services—
‘‘(aa) for which benefits are provided or
covered under the plan; and
‘‘(bb) that are furnished by a nonparticipating provider or nonparticipating emergency
facility (regardless of the department of the
hospital in which such items or services are
furnished) after the participant or beneficiary
is stabilized and as part of outpatient observation or an inpatient or outpatient stay with
respect to the visit in which the services
described in clause (i) are furnished.
‘‘(II) CONDITIONS.—For purposes of subclause
(I), the conditions described in this subclause, with
respect to a participant or beneficiary who is stabilized and furnished additional items and services
described in subclause (I) after such stabilization
by a provider or facility described in subclause
(I), are the following;
‘‘(aa) Such provider or facility determines
such individual is able to travel using nonmedical transportation or nonemergency medical
transportation.
‘‘(bb) Such provider furnishing such additional items and services satisfies the notice
and consent criteria of section 2799B–2(d) with
respect to such items and services.
‘‘(cc) Such individual is in a condition to
receive (as determined in accordance with
guidelines issued by the Secretary pursuant
to rulemaking) the information described in
section 2799B–2 and to provide informed consent under such section, in accordance with
applicable State law.
‘‘(dd) Such other conditions, as specified
by the Secretary, such as conditions relating
to coordinating care transitions to participating providers and facilities.
‘‘(D) INDEPENDENT FREESTANDING EMERGENCY DEPARTMENT.—The term ‘independent freestanding emergency
department’ means a health care facility that—
‘‘(i) is geographically separate and distinct and
licensed separately from a hospital under applicable
State law; and
‘‘(ii) provides any of the emergency services (as
defined in subparagraph (C)(i)).
‘‘(E) QUALIFYING PAYMENT AMOUNT.—
‘‘(i) IN GENERAL.—The term ‘qualifying payment
amount’ means, subject to clauses (ii) and (iii), with
respect to a sponsor of a group health plan—

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134 STAT. 2789

‘‘(I) for an item or service furnished during
2022, the median of the contracted rates recognized by the plan (determined with respect to all
such plans of such sponsor that are offered within
the same insurance market (specified in subclause
(I), (II), or (III) of clause (iv)) as the plan) as
the total maximum payment (including the costsharing amount imposed for such item or service
and the amount to be paid by the plan) under
such plans on January 31, 2019 for the same or
a similar item or service that is provided by a
provider in the same or similar specialty and provided in the geographic region in which the item
or service is furnished, consistent with the methodology established by the Secretary under paragraph (2)(B), increased by the percentage increase
in the consumer price index for all urban consumers (United States city average) over 2019,
such percentage increase over 2020, and such
percentage increase over 2021; and
‘‘(II) for an item or service furnished during
2023 or a subsequent year, the qualifying payment
amount determined under this clause for such an
item or service furnished in the previous year,
increased by the percentage increase in the consumer price index for all urban consumers (United
States city average) over such previous year.
‘‘(ii) NEW PLANS AND COVERAGE.—The term ‘qualifying payment amount’ means, with respect to a
sponsor of a group health plan in a geographic region
in which such sponsor, respectively, did not offer any
group health plan or health insurance coverage during
2019—
‘‘(I) for the first year in which such group
health plan is offered in such region, a rate (determined in accordance with a methodology established by the Secretary) for items and services
that are covered by such plan and furnished during
such first year; and
‘‘(II) for each subsequent year such group
health plan is offered in such region, the qualifying
payment amount determined under this clause for
such items and services furnished in the previous
year, increased by the percentage increase in the
consumer price index for all urban consumers
(United States city average) over such previous
year.
‘‘(iii) INSUFFICIENT INFORMATION; NEWLY COVERED
ITEMS AND SERVICES.—In the case of a sponsor of a
group health plan that does not have sufficient
information to calculate the median of the contracted
rates described in clause (i)(I) in 2019 (or, in the case
of a newly covered item or service (as defined in clause
(v)(III)), in the first coverage year (as defined in clause
(v)(I)) for such item or service with respect to such
plan) for an item or service (including with respect
to provider type, or amount, of claims for items or

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134 STAT. 2790

PUBLIC LAW 116–260—DEC. 27, 2020
services (as determined by the Secretary) provided in
a particular geographic region (other than in a case
with respect to which clause (ii) applies)) the term
‘qualifying payment amount’—
‘‘(I) for an item or service furnished during
2022 (or, in the case of a newly covered item
or service, during the first coverage year for such
item or service with respect to such plan), means
such rate for such item or service determined by
the sponsor through use of any database that is
determined, in accordance with rulemaking
described in paragraph (2)(B), to not have any
conflicts of interest and to have sufficient information reflecting allowed amounts paid to a health
care provider or facility for relevant services furnished in the applicable geographic region (such
as a State all-payer claims database);
‘‘(II) for an item or service furnished in a subsequent year (before the first sufficient information
year (as defined in clause (v)(II)) for such item
or service with respect to such plan), means the
rate determined under subclause (I) or this subclause, as applicable, for such item or service for
the year previous to such subsequent year,
increased by the percentage increase in the consumer price index for all urban consumers (United
States city average) over such previous year;
‘‘(III) for an item or service furnished in the
first sufficient information year for such item or
service with respect to such plan, has the meaning
given the term qualifying payment amount in
clause (i)(I), except that in applying such clause
to such item or service, the reference to ‘furnished
during 2022’ shall be treated as a reference to
furnished during such first sufficient information
year, the reference to ‘on January 31, 2019’ shall
be treated as a reference to in such sufficient
information year, and the increase described in
such clause shall not be applied; and
‘‘(IV) for an item or service furnished in any
year subsequent to the first sufficient information
year for such item or service with respect to such
plan, has the meaning given such term in clause
(i)(II), except that in applying such clause to such
item or service, the reference to ‘furnished during
2023 or a subsequent year’ shall be treated as
a reference to furnished during the year after such
first sufficient information year or a subsequent
year.
‘‘(iv) INSURANCE MARKET.—For purposes of clause
(i)(I), a health insurance market specified in this clause
is one of the following:
‘‘(I) The large group market (other than plans
described in subclause (III)).
‘‘(II) The small group market (other than plans
described in subclause (III)).

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2791

‘‘(III) In the case of a self-insured group health
plan, other self-insured group health plans.
‘‘(v) DEFINITIONS.—For purposes of this subparagraph:
‘‘(I) FIRST COVERAGE YEAR.—The term ‘first
coverage year’ means, with respect to a group
health plan and an item or service for which coverage is not offered in 2019 under such plan or
coverage, the first year after 2019 for which coverage for such item or service is offered under
such plan.
‘‘(II) FIRST SUFFICIENT INFORMATION YEAR.—
The term ‘first sufficient information year’ means,
with respect to a group health plan—
‘‘(aa) in the case of an item or service
for which the plan does not have sufficient
information to calculate the median of the contracted rates described in clause (i)(I) in 2019,
the first year subsequent to 2022 for which
such sponsor has such sufficient information
to calculate the median of such contracted
rates in the year previous to such first subsequent year; and
‘‘(bb) in the case of a newly covered item
or service, the first year subsequent to the
first coverage year for such item or service
with respect to such plan for which the sponsor
has sufficient information to calculate the
median of the contracted rates described in
clause (i)(I) in the year previous to such first
subsequent year.
‘‘(III) NEWLY COVERED ITEM OR SERVICE.—The
term ‘newly covered item or service’ means, with
respect to a group health plan, an item or service
for which coverage was not offered in 2019 under
such plan or coverage, but is offered under such
plan or coverage in a year after 2019.
‘‘(F) NONPARTICIPATING EMERGENCY FACILITY; PARTICIPATING EMERGENCY FACILITY.—
‘‘(i) NONPARTICIPATING EMERGENCY FACILITY.—The
term ‘nonparticipating emergency facility’ means, with
respect to an item or service and a group health plan,
an emergency department of a hospital, or an independent freestanding emergency department, that does
not have a contractual relationship directly or
indirectly with the plan for furnishing such item or
service under the plan.
‘‘(ii) PARTICIPATING EMERGENCY FACILITY.—The
term ‘participating emergency facility’ means, with
respect to an item or service and a group health plan,
an emergency department of a hospital, or an independent freestanding emergency department, that has
a contractual relationship directly or indirectly with
the plan, with respect to the furnishing of such an
item or service at such facility.
‘‘(G) NONPARTICIPATING PROVIDERS; PARTICIPATING PROVIDERS.—

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134 STAT. 2792

PUBLIC LAW 116–260—DEC. 27, 2020
‘‘(i) NONPARTICIPATING PROVIDER.—The term ‘nonparticipating provider’ means, with respect to an item
or service and a group health plan, a physician or
other health care provider who is acting within the
scope of practice of that provider’s license or certification under applicable State law and who does not
have a contractual relationship with the plan or issuer,
respectively, for furnishing such item or service under
the plan.
‘‘(ii) PARTICIPATING PROVIDER.—The term ‘participating provider’ means, with respect to an item or
service and a group health plan, a physician or other
health care provider who is acting within the scope
of practice of that provider’s license or certification
under applicable State law and who has a contractual
relationship with the plan for furnishing such item
or service under the plan.
‘‘(H) RECOGNIZED AMOUNT.—The term ‘recognized
amount’ means, with respect to an item or service furnished
by a nonparticipating provider or nonparticipating emergency facility during a year and a group health plan—
‘‘(i) subject to clause (iii), in the case of such item
or service furnished in a State that has in effect a
specified State law with respect to such plan; such
a nonparticipating provider or nonparticipating emergency facility; and such an item or service, the amount
determined in accordance with such law;
‘‘(ii) subject to clause (iii), in the case of such
item or service furnished in a State that does not
have in effect a specified State law, with respect to
such plan; such a nonparticipating provider or nonparticipating emergency facility; and such an item or
service, the amount that is the qualifying payment
amount (as defined in subparagraph (E)) for such year
and determined in accordance with rulemaking
described in paragraph (2)(B)) for such item or service;
or
‘‘(iii) in the case of such item or service furnished
in a State with an All-Payer Model Agreement under
section 1115A of the Social Security Act, the amount
that the State approves under such system for such
item or service so furnished.
‘‘(I) SPECIFIED STATE LAW.—The term ‘specified State
law’ means, with respect to a State, an item or service
furnished by a nonparticipating provider or nonparticipating emergency facility during a year and a group health
plan, a State law that provides for a method for determining the total amount payable under such a plan (to
the extent such State law applies to such plan, subject
to section 514) in the case of a participant or beneficiary
covered under such plan and receiving such item or service
from such a nonparticipating provider or nonparticipating
emergency facility.
‘‘(J) STABILIZE.—The term ‘to stabilize’, with respect
to an emergency medical condition (as defined in subparagraph (B)), has the meaning give in section 1867(e)(3) of
the Social Security Act (42 U.S.C. 1395dd(e)(3)).

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2793

‘‘(K) OUT-OF-NETWORK RATE.—The term ‘out-of-network
rate’ means, with respect to an item or service furnished
in a State during a year to a participant or beneficiary
of a group health plan receiving such item or service from
a nonparticipating provider or nonparticipating emergency
facility—
‘‘(i) subject to clause (iii), in the case of such item
or service furnished in a State that has in effect a
specified State law with respect to such plan; such
a nonparticipating provider or nonparticipating emergency facility; and such an item or service, the amount
determined in accordance with such law;
‘‘(ii) subject to clause (iii), in the case such State
does not have in effect such a law with respect to
such item or service, plan, and provider or facility—
‘‘(I) subject to subclause (II), if the provider
or facility (as applicable) and such plan or coverage
agree on an amount of payment (including if such
agreed on amount is the initial payment sent by
the plan under subsection (a)(1)(C)(iv)(I), subsection (b)(1)(C), or section 9817(a)(3)(A), as
applicable, or is agreed on through open negotiations under subsection (c)(1)) with respect to such
item or service, such agreed on amount; or
‘‘(II) if such provider or facility (as applicable)
and such plan or coverage enter the independent
dispute resolution process under subsection (c) and
do not so agree before the date on which a certified
IDR entity (as defined in paragraph (4) of such
subsection) makes a determination with respect
to such item or service under such subsection,
the amount of such determination; or
‘‘(iii) in the case such State has an All-Payer Model
Agreement under section 1115A of the Social Security
Act, the amount that the State approves under such
system for such item or service so furnished.
‘‘(L) COST-SHARING.—The term ‘cost-sharing’ includes
copayments, coinsurance, and deductibles.
‘‘(b) COVERAGE OF NON-EMERGENCY SERVICES PERFORMED BY
NONPARTICIPATING PROVIDERS AT CERTAIN PARTICIPATING FACILITIES.—
‘‘(1) IN GENERAL.—In the case of items or services (other
than emergency services to which subsection (a) applies) for
which any benefits are provided or covered by a group health
plan furnished to a participant or beneficiary of such plan
by a nonparticipating provider (as defined in subsection
(a)(3)(G)(i)) (and who, with respect to such items and services,
has not satisfied the notice and consent criteria of section
2799B–2(d) of the Public Health Service Act) with respect to
a visit (as defined by the Secretary in accordance with paragraph (2)(B)) at a participating health care facility (as defined
in paragraph (2)(A)), with respect to such plan, the plan—
‘‘(A) shall not impose on such participant or beneficiary
a cost-sharing requirement for such items and services
so furnished that is greater than the cost-sharing requirement that would apply under such plan had such items

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134 STAT. 2794

or services been furnished by a participating provider (as
defined in subsection (a)(3)(G)(ii));
‘‘(B) shall calculate such cost-sharing requirement as
if the total amount that would have been charged for
such items and services by such participating provider
were equal to the recognized amount (as defined in subsection (a)(3)(H)) for such items and services, plan, and
year;
‘‘(C) not later than 30 calendar days after the bill
for such items or services is transmitted by such provider,
shall send to the provider an initial payment or notice
of denial of payment;
‘‘(D) shall pay a total plan payment directly, in accordance, if applicable, with the timing requirement described
in subsection (c)(6), to such provider furnishing such items
and services to such participant or beneficiary that is,
with application of any initial payment under subparagraph
(C), equal to the amount by which the out-of-network rate
(as defined in subsection (a)(3)(K)) for such items and services exceeds the cost-sharing amount imposed under the
plan for such items and services (as determined in accordance with subparagraphs (A) and (B)) and year; and
‘‘(E) shall count toward any in-network deductible and
in-network out-of-pocket maximums (as applicable) applied
under the plan, any cost-sharing payments made by the
participant or beneficiary (and such in-network deductible
and out-of-pocket maximums shall be applied) with respect
to such items and services so furnished in the same manner
as if such cost-sharing payments were with respect to items
and services furnished by a participating provider.
‘‘(2) DEFINITIONS.—In this section:
‘‘(A) PARTICIPATING HEALTH CARE FACILITY.—
‘‘(i) IN GENERAL.—The term ‘participating health
care facility’ means, with respect to an item or service
and a group health plan, a health care facility described
in clause (ii) that has a direct or indirect contractual
relationship with the plan, with respect to the furnishing of such an item or service at the facility.
‘‘(ii) HEALTH CARE FACILITY DESCRIBED.—A health
care facility described in this clause, with respect to
a group health plan or health insurance coverage
offered in the group or individual market, is each of
the following:
‘‘(I) A hospital (as defined in 1861(e) of the
Social Security Act).
‘‘(II) A hospital outpatient department.
‘‘(III) A critical access hospital (as defined in
section 1861(mm)(1) of such Act).
‘‘(IV) An ambulatory surgical center described
in section 1833(i)(1)(A) of such Act.
‘‘(V) Any other facility, specified by the Secretary, that provides items or services for which
coverage is provided under the plan or coverage,
respectively.
‘‘(B) VISIT.—The term ‘visit’ shall, with respect to items
and services furnished to an individual at a health care

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134 STAT. 2795

facility, include equipment and devices, telemedicine services, imaging services, laboratory services, preoperative and
postoperative services, and such other items and services
as the Secretary may specify, regardless of whether or
not the provider furnishing such items or services is at
the facility.
‘‘(c) CERTAIN ACCESS FEES TO CERTAIN DATABASES.—In the
case of a sponsor of a group health plan that, pursuant to subsection
(a)(3)(E)(iii), uses a database described in such subsection to determine a rate to apply under such subsection for an item or service
by reason of having insufficient information described in such subsection with respect to such item or service, such sponsor shall
cover the cost for access to such database.’’.
(2) TRANSFER AMENDMENT.—Subchapter B of chapter 100
of the Internal Revenue Code of 1986, as amended by paragraph
(1), is further amended by adding at the end the following:

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‘‘SEC. 9822. OTHER PATIENT PROTECTIONS.

26 USC 9822.

‘‘(a) CHOICE OF HEALTH CARE PROFESSIONAL.—If a group health
plan requires or provides for designation by a participant or beneficiary of a participating primary care provider, then the plan
shall permit each participant and beneficiary to designate any
participating primary care provider who is available to accept such
individual.
‘‘(b) ACCESS TO PEDIATRIC CARE.—
‘‘(1) PEDIATRIC CARE.—In the case of a person who has
a child who is a participant or beneficiary under a group
health plan if the plan requires or provides for the designation
of a participating primary care provider for the child, the plan
shall permit such person to designate a physician (allopathic
or osteopathic) who specializes in pediatrics as the child’s primary care provider if such provider participates in the network
of the plan.
‘‘(2) CONSTRUCTION.—Nothing in paragraph (1) shall be
construed to waive any exclusions of coverage under the terms
and conditions of the plan with respect to coverage of pediatric
care.
‘‘(c) PATIENT ACCESS TO OBSTETRICAL AND GYNECOLOGICAL
CARE.—
‘‘(1) GENERAL RIGHTS.—
‘‘(A) DIRECT ACCESS.—A group health plan described
in paragraph (2) may not require authorization or referral
by the plan, issuer, or any person (including a primary
care provider described in paragraph (2)(B)) in the case
of a female participant or beneficiary who seeks coverage
for obstetrical or gynecological care provided by a participating health care professional who specializes in obstetrics
or gynecology. Such professional shall agree to otherwise
adhere to such plan’s policies and procedures, including
procedures regarding referrals and obtaining prior
authorization and providing services pursuant to a treatment plan (if any) approved by the plan.
‘‘(B) OBSTETRICAL AND GYNECOLOGICAL CARE.—A group
health plan described in paragraph (2) shall treat the provision of obstetrical and gynecological care, and the ordering
of related obstetrical and gynecological items and services,
pursuant to the direct access described under subparagraph

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134 STAT. 2796

PUBLIC LAW 116–260—DEC. 27, 2020
(A), by a participating health care professional who specializes in obstetrics or gynecology as the authorization of
the primary care provider.
‘‘(2) APPLICATION OF PARAGRAPH.—A group health plan
described in this paragraph is a group health plan that—
‘‘(A) provides coverage for obstetric or gynecologic care;
and
‘‘(B) requires the designation by a participant or beneficiary of a participating primary care provider.
‘‘(3) CONSTRUCTION.—Nothing in paragraph (1) shall be
construed to—
‘‘(A) waive any exclusions of coverage under the terms
and conditions of the plan with respect to coverage of
obstetrical or gynecological care; or
‘‘(B) preclude the group health plan involved from
requiring that the obstetrical or gynecological provider
notify the primary care health care professional or the
plan or issuer of treatment decisions.’’.
(3) CLERICAL AMENDMENT.—The table of sections for subchapter B of chapter 100 of the Internal Revenue Code of
1986 is amended by adding at the end the following new item:

26 USC 9811
prec.

‘‘Sec. 9815. Additional market reforms.
‘‘Sec. 9816. Preventing surprise medical bills.
‘‘Sec. 9822. Other patient protections.’’.

26 USC 223.

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26 USC 223 note.

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(4) CONFORMING AMENDMENTS.—
(A) IN GENERAL.—Section 223(c) of the Internal Revenue Code of 1986 is amended—
(i) in paragraph (1), by adding at the end the
following:
‘‘(D) SPECIAL RULE FOR INDIVIDUALS RECEIVING BENEFITS SUBJECT TO SURPRISE BILLING STATUTES.—An individual shall not fail to be treated as an eligible individual
for any period merely because the individual receives benefits for medical care subject to and in accordance with
section 9816 or 9817, section 2799A–1 or 2799A–2 of the
Public Health Service Act, or section 716 or 717 of the
Employee Retirement Income Security Act of 1974, or any
State law providing similar protections to such individual.’’;
and
(ii) in paragraph (2), by adding at the end the
following:
‘‘(F) SPECIAL RULE FOR SURPRISE BILLING.—A plan shall
not fail to be treated as a high deductible health plan
by reason of providing benefits for medical care in accordance with section 9816 or 9817, section 2799A–1 or 2799A–
2 of the Public Health Service Act, or section 716 or 717
of the Employee Retirement Income Security Act of 1974,
or any State law providing similar protections to individuals, prior to the satisfaction of the deductible under paragraph (2)(A)(i).’’.
(B) EFFECTIVE DATE.—The amendments made by
subparagraph (A) shall apply for plan years beginning on
or after January 1, 2022.
(d) ADDITIONAL APPLICATION PROVISIONS.—

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2797

(1) APPLICATION TO FEHB.—Section 8902 of title 5, United
States Code, is amended by adding at the end the following
new subsection:
‘‘(p) Each contract under this chapter shall require the carrier
to comply with requirements described in the provisions of sections
2799A–1, 2799A–2, and 2799A–7 of the Public Health Service Act,
sections 716, 717, and 722 of the Employee Retirement Income
Security Act of 1974, and sections 9816, 9817, and 9822 of the
Internal Revenue Code of 1986 (as applicable) in the same manner
as such provisions apply to a group health plan or health insurance
issuer offering group or individual health insurance coverage, as
described in such sections. The provisions of sections 2799B–1,
2799B–2, 2799B–3, and 2799B–5 of the Public Health Service Act
shall apply to a health care provider and facility and an air ambulance provider described in such respective sections with respect
to an enrollee in a health benefits plan under this chapter in
the same manner as such provisions apply to such a provider
and facility with respect to an enrollee in a group health plan
or group or individual health insurance coverage offered by a health
insurance issuer, as described in such sections.’’.
(2) APPLICATION TO GRANDFATHERED PLANS.—Section
1251(a) of the Patient Protection and Affordable Care Act (42
U.S.C. 18011(a)) is amended by adding at the end the following:
‘‘(5) APPLICATION OF ADDITIONAL PROVISIONS.—Sections
2799A–1, 2799A–2, and 2799A–7 of the Public Health Service
Act shall apply to grandfathered health plans for plan years
beginning on or after January 1, 2022.’’.
(3) RULE OF CONSTRUCTION.—Nothing in this title,
including the amendments made by this title may be construed
as modifying, reducing, or eliminating—
(A) the protections under section 222 of the Indian
Health Care Improvement Act (25 U.S.C. 1621u) and under
subpart I of part 136 of title 42, Code of Federal Regulations (or any successor regulation), against payment
liability for a patient who receives contract health services
that are authorized by the Indian Health Service; or
(B) the requirements under section 1866(a)(1)(U) of
the Social Security Act (42 U.S.C. 1395cc(a)(1)(U)).
(e) EFFECTIVE DATE.—The amendments made by this section
shall apply with respect to plan years (or, in the case of the
amendment made by subsection (d)(1), with respect to contracts
entered into or renewed for contract years) beginning on or after
January 1, 2022.

Contracts.
Compliance.

Effective date.

25 USC 1621u
note.

Applicability.
5 USC 8902 note.

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SEC. 103. DETERMINATION OF OUT-OF-NETWORK RATES TO BE PAID
BY HEALTH PLANS; INDEPENDENT DISPUTE RESOLUTION PROCESS.

(a) PHSA.—Section 2799A–1, as added by section 102, is
amended—
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new subsection:
‘‘(c) DETERMINATION OF OUT-OF-NETWORK RATES TO BE PAID
BY HEALTH PLANS; INDEPENDENT DISPUTE RESOLUTION PROCESS.—
‘‘(1) DETERMINATION THROUGH OPEN NEGOTIATION.—
‘‘(A) IN GENERAL.—With respect to an item or service
furnished in a year by a nonparticipating provider or a

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42 USC
300gg–111.

Time periods.
Notice.

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134 STAT. 2798

nonparticipating facility, with respect to a group health
plan or health insurance issuer offering group or individual
health insurance coverage, in a State described in subsection (a)(3)(K)(ii) with respect to such plan or coverage
and provider or facility, and for which a payment is
required to be made by the plan or coverage pursuant
to subsection (a)(1) or (b)(1), the provider or facility (as
applicable) or plan or coverage may, during the 30-day
period beginning on the day the provider or facility receives
an initial payment or a notice of denial of payment from
the plan or coverage regarding a claim for payment for
such item or service, initiate open negotiations under this
paragraph between such provider or facility and plan or
coverage for purposes of determining, during the open negotiation period, an amount agreed on by such provider or
facility, respectively, and such plan or coverage for payment
(including any cost-sharing) for such item or service. For
purposes of this subsection, the open negotiation period,
with respect to an item or service, is the 30-day period
beginning on the date of initiation of the negotiations with
respect to such item or service.
‘‘(B) ACCESSING INDEPENDENT DISPUTE RESOLUTION
PROCESS IN CASE OF FAILED NEGOTIATIONS.—In the case
of open negotiations pursuant to subparagraph (A), with
respect to an item or service, that do not result in a
determination of an amount of payment for such item
or service by the last day of the open negotiation period
described in such subparagraph with respect to such item
or service, the provider or facility (as applicable) or group
health plan or health insurance issuer offering group or
individual health insurance coverage that was party to
such negotiations may, during the 4-day period beginning
on the day after such open negotiation period, initiate
the independent dispute resolution process under paragraph (2) with respect to such item or service. The independent dispute resolution process shall be initiated by
a party pursuant to the previous sentence by submission
to the other party and to the Secretary of a notification
(containing such information as specified by the Secretary)
and for purposes of this subsection, the date of initiation
of such process shall be the date of such submission or
such other date specified by the Secretary pursuant to
regulations that is not later than the date of receipt of
such notification by both the other party and the Secretary.
‘‘(2) INDEPENDENT DISPUTE RESOLUTION PROCESS AVAILABLE
IN CASE OF FAILED OPEN NEGOTIATIONS.—
‘‘(A) ESTABLISHMENT.—Not later than 1 year after the
date of the enactment of this subsection, the Secretary,
jointly with the Secretary of Labor and the Secretary of
the Treasury, shall establish by regulation one independent
dispute resolution process (referred to in this subsection
as the ‘IDR process’) under which, in the case of an item
or service with respect to which a provider or facility (as
applicable) or group health plan or health insurance issuer
offering group or individual health insurance coverage submits a notification under paragraph (1)(B) (in this subsection referred to as a ‘qualified IDR item or service’),

Notification.
Deadline.

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Regulations.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2799

a certified IDR entity under paragraph (4) determines,
subject to subparagraph (B) and in accordance with the
succeeding provisions of this subsection, the amount of
payment under the plan or coverage for such item or service
furnished by such provider or facility.
‘‘(B) AUTHORITY TO CONTINUE NEGOTIATIONS.—Under
the independent dispute resolution process, in the case
that the parties to a determination for a qualified IDR
item or service agree on a payment amount for such item
or service during such process but before the date on which
the entity selected with respect to such determination
under paragraph (4) makes such determination under paragraph (5), such amount shall be treated for purposes of
subsection (a)(3)(K)(ii) as the amount agreed to by such
parties for such item or service. In the case of an agreement
described in the previous sentence, the independent dispute
resolution process shall provide for a method to determine
how to allocate between the parties to such determination
the payment of the compensation of the entity selected
with respect to such determination.
‘‘(C) CLARIFICATION.—A nonparticipating provider may
not, with respect to an item or service furnished by such
provider, submit a notification under paragraph (1)(B) if
such provider is exempt from the requirement under subsection (a) of section 2799B–2 with respect to such item
or service pursuant to subsection (b) of such section.
‘‘(3) TREATMENT OF BATCHING OF ITEMS AND SERVICES.—
‘‘(A) IN GENERAL.—Under the IDR process, the Secretary shall specify criteria under which multiple qualified
IDR dispute items and services are permitted to be considered jointly as part of a single determination by an entity
for purposes of encouraging the efficiency (including minimizing costs) of the IDR process. Such items and services
may be so considered only if—
‘‘(i) such items and services to be included in such
determination are furnished by the same provider or
facility;
‘‘(ii) payment for such items and services is
required to be made by the same group health plan
or health insurance issuer;
‘‘(iii) such items and services are related to the
treatment of a similar condition; and
‘‘(iv) such items and services were furnished during
the 30 day period following the date on which the
first item or service included with respect to such
determination was furnished or an alternative period
as determined by the Secretary, for use in limited
situations, such as by the consent of the parties or
in the case of low-volume items and services, to encourage procedural efficiency and minimize health plan
and provider administrative costs.
‘‘(B) TREATMENT OF BUNDLED PAYMENTS.—In carrying
out subparagraph (A), the Secretary shall provide that,
in the case of items and services which are included by
a provider or facility as part of a bundled payment, such
items and services included in such bundled payment may
be part of a single determination under this subsection.

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Determination.

Criteria.

Time period.
Determination.

PUBL260B

134 STAT. 2800

‘‘(4) CERTIFICATION AND SELECTION OF IDR ENTITIES.—
‘‘(A) IN GENERAL.—The Secretary, in consultation with
the Secretary of Labor and Secretary of the Treasury, shall
establish a process to certify (including to recertify) entities
under this paragraph. Such process shall ensure that an
entity so certified—
‘‘(i) has (directly or through contracts or other
arrangements) sufficient medical, legal, and other
expertise and sufficient staffing to make determinations described in paragraph (5) on a timely basis;
‘‘(ii) is not—
‘‘(I) a group health plan or health insurance
issuer offering group or individual health insurance coverage, provider, or facility;
‘‘(II) an affiliate or a subsidiary of such a group
health plan or health insurance issuer, provider,
or facility; or
‘‘(III) an affiliate or subsidiary of a professional
or trade association of such group health plans
or health insurance issuers or of providers or facilities;
‘‘(iii) carries out the responsibilities of such an
entity in accordance with this subsection;
‘‘(iv) meets appropriate indicators of fiscal integrity;
‘‘(v) maintains the confidentiality (in accordance
with regulations promulgated by the Secretary) of
individually identifiable health information obtained
in the course of conducting such determinations;
‘‘(vi) does not under the IDR process carry out
any determination with respect to which the entity
would not pursuant to subclause (I), (II), or (III) of
subparagraph (F)(i) be eligible for selection; and
‘‘(vii) meets such other requirements as determined
appropriate by the Secretary.
‘‘(B) PERIOD OF CERTIFICATION.—Subject to subparagraph (C), each certification (including a recertification)
of an entity under the process described in subparagraph
(A) shall be for a 5-year period.
‘‘(C) REVOCATION.—A certification of an entity under
this paragraph may be revoked under the process described
in subparagraph (A) if the entity has a pattern or practice
of noncompliance with any of the requirements described
in such subparagraph.
‘‘(D) PETITION FOR DENIAL OR WITHDRAWAL.—The
process described in subparagraph (A) shall ensure that
an individual, provider, facility, or group health plan or
health insurance issuer offering group or individual health
insurance coverage may petition for a denial of a certification or a revocation of a certification with respect to
an entity under this paragraph for failure of meeting a
requirement of this subsection.
‘‘(E) SUFFICIENT NUMBER OF ENTITIES.—The process
described in subparagraph (A) shall ensure that a sufficient
number of entities are certified under this paragraph to
ensure the timely and efficient provision of determinations
described in paragraph (5).

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134 STAT. 2801

‘‘(F) SELECTION OF CERTIFIED IDR ENTITY.—The Secretary shall, with respect to the determination of the
amount of payment under this subsection of an item or
service, provide for a method—
‘‘(i) that allows for the group health plan or health
insurance issuer offering group or individual health
insurance coverage and the nonparticipating provider
or the nonparticipating emergency facility (as
applicable) involved in a notification under paragraph
(1)(B) to jointly select, not later than the last day
of the 3-business day period following the date of the
initiation of the process with respect to such item
or service, for purposes of making such determination,
an entity certified under this paragraph that—
‘‘(I) is not a party to such determination or
an employee or agent of such a party;
‘‘(II) does not have a material familial, financial, or professional relationship with such a party;
and
‘‘(III) does not otherwise have a conflict of
interest with such a party (as determined by the
Secretary); and
‘‘(ii) that requires, in the case such parties do
not make such selection by such last day, the Secretary
to, not later than 6 business days after such date
of initiation—
‘‘(I) select such an entity that satisfies subclauses (I) through (III) of clause (i)); and
‘‘(II) provide notification of such selection to
the provider or facility (as applicable) and the plan
or issuer (as applicable) party to such determination.
An entity selected pursuant to the previous sentence to make a
determination described in such sentence shall be referred to in
this subsection as the ‘certified IDR entity’ with respect to such
determination.
‘‘(5) PAYMENT DETERMINATION.—
‘‘(A) IN GENERAL.—Not later than 30 days after the
date of selection of the certified IDR entity with respect
to a determination for a qualified IDR item or service,
the certified IDR entity shall—
‘‘(i) taking into account the considerations specified
in subparagraph (C), select one of the offers submitted
under subparagraph (B) to be the amount of payment
for such item or service determined under this subsection for purposes of subsection (a)(1) or (b)(1), as
applicable; and
‘‘(ii) notify the provider or facility and the group
health plan or health insurance issuer offering group
or individual health insurance coverage party to such
determination of the offer selected under clause (i).
‘‘(B) SUBMISSION OF OFFERS.—Not later than 10 days
after the date of selection of the certified IDR entity with
respect to a determination for a qualified IDR item or
service, the provider or facility and the group health plan
or health insurance issuer offering group or individual
health insurance coverage party to such determination—

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Deadlines.

Time periods.

Notification.

Deadline.

Notification.

Deadline.

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134 STAT. 2802

PUBLIC LAW 116–260—DEC. 27, 2020
‘‘(i) shall each submit to the certified IDR entity
with respect to such determination—
‘‘(I) an offer for a payment amount for such
item or service furnished by such provider or
facility; and
‘‘(II) such information as requested by the certified IDR entity relating to such offer; and
‘‘(ii) may each submit to the certified IDR entity
with respect to such determination any information
relating to such offer submitted by either party,
including information relating to any circumstance
described in subparagraph (C)(ii).
‘‘(C) CONSIDERATIONS IN DETERMINATION.—
‘‘(i) IN GENERAL.—In determining which offer is
the payment to be applied pursuant to this paragraph,
the certified IDR entity, with respect to the determination for a qualified IDR item or service shall consider—
‘‘(I) the qualifying payment amounts (as
defined in subsection (a)(3)(E)) for the applicable
year for items or services that are comparable
to the qualified IDR item or service and that are
furnished in the same geographic region (as
defined by the Secretary for purposes of such subsection) as such qualified IDR item or service;
and
‘‘(II) subject to subparagraph (D), information
on any circumstance described in clause (ii), such
information as requested in subparagraph
(B)(i)(II), and any additional information provided
in subparagraph (B)(ii).
‘‘(ii) ADDITIONAL CIRCUMSTANCES.—For purposes of
clause (i)(II), the circumstances described in this clause
are, with respect to a qualified IDR item or service
of a nonparticipating provider, nonparticipating emergency facility, group health plan, or health insurance
issuer of group or individual health insurance coverage
the following:
‘‘(I) The level of training, experience, and
quality and outcomes measurements of the provider or facility that furnished such item or service
(such as those endorsed by the consensus-based
entity authorized in section 1890 of the Social
Security Act).
‘‘(II) The market share held by the nonparticipating provider or facility or that of the plan or
issuer in the geographic region in which the item
or service was provided.
‘‘(III) The acuity of the individual receiving
such item or service or the complexity of furnishing
such item or service to such individual.
‘‘(IV) The teaching status, case mix, and scope
of services of the nonparticipating facility that furnished such item or service.
‘‘(V) Demonstrations of good faith efforts (or
lack of good faith efforts) made by the nonparticipating provider or nonparticipating facility or the
plan or issuer to enter into network agreements

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2803

and, if applicable, contracted rates between the
provider or facility, as applicable, and the plan
or issuer, as applicable, during the previous 4 plan
years.
‘‘(D) PROHIBITION ON CONSIDERATION OF CERTAIN FACTORS.—In determining which offer is the payment to be
applied with respect to qualified IDR items and services
furnished by a provider or facility, the certified IDR entity
with respect to a determination shall not consider usual
and customary charges, the amount that would have been
billed by such provider or facility with respect to such
items and services had the provisions of section 2799B–
1 or 2799B–2 (as applicable) not applied, or the payment
or reimbursement rate for such items and services furnished by such provider or facility payable by a public
payor, including under the Medicare program under title
XVIII of the Social Security Act, under the Medicaid program under title XIX of such Act, under the Children’s
Health Insurance Program under title XXI of such Act,
under the TRICARE program under chapter 55 of title
10, United States Code, or under chapter 17 of title 38,
United States Code.
‘‘(E) EFFECTS OF DETERMINATION.—
‘‘(i) IN GENERAL.—A determination of a certified
IDR entity under subparagraph (A)—
‘‘(I) shall be binding upon the parties involved,
in the absence of a fraudulent claim or evidence
of misrepresentation of facts presented to the IDR
entity involved regarding such claim; and
‘‘(II) shall not be subject to judicial review,
except in a case described in any of paragraphs
(1) through (4) of section 10(a) of title 9, United
States Code.
‘‘(ii) SUSPENSION OF CERTAIN SUBSEQUENT IDR
REQUESTS.—In the case of a determination of a certified
IDR entity under subparagraph (A), with respect to
an initial notification submitted under paragraph (1)(B)
with respect to qualified IDR items and services and
the two parties involved with such notification, the
party that submitted such notification may not submit
during the 90-day period following such determination
a subsequent notification under such paragraph
involving the same other party to such notification
with respect to such an item or service that was the
subject of such initial notification.
‘‘(iii) SUBSEQUENT SUBMISSION OF REQUESTS PERMITTED.—In the case of a notification that pursuant
to clause (ii) is not permitted to be submitted under
paragraph (1)(B) during a 90-day period specified in
such clause, if the end of the open negotiation period
specified in paragraph (1)(A), that but for this clause
would otherwise apply with respect to such notification,
occurs during such 90-day period, such paragraph
(1)(B) shall be applied as if the reference in such paragraph to the 4-day period beginning on the day after
such open negotiation period were instead a reference

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134 STAT. 2804

Examination.
Recommendations.

Deadline.

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Public
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Web posting.

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PUBLIC LAW 116–260—DEC. 27, 2020
to the 30-day period beginning on the day after the
last day of such 90-day period.
‘‘(iv) REPORTS.—The Secretary, jointly with the
Secretary of Labor and the Secretary of the Treasury,
shall examine the impact of the application of clause
(ii) and whether the application of such clause delays
payment determinations or impacts early, alternative
resolution of claims (such as through open negotiations), and shall submit to Congress, not later than
2 years after the date of implementation of such clause
an interim report (and not later than 4 years after
such date of implementation, a final report) on whether
any group health plans or health insurance issuers
offering group or individual health insurance coverage
or types of such plans or coverage have a pattern
or practice of routine denial, low payment, or downcoding of claims, or otherwise abuse the 90-day period
described in such clause, including recommendations
on ways to discourage such a pattern or practice.
‘‘(F) COSTS OF INDEPENDENT DISPUTE RESOLUTION
PROCESS.—In the case of a notification under paragraph
(1)(B) submitted by a nonparticipating provider, nonparticipating emergency facility, group health plan, or health
insurance issuer offering group or individual health insurance coverage and submitted to a certified IDR entity—
‘‘(i) if such entity makes a determination with
respect to such notification under subparagraph (A),
the party whose offer is not chosen under such subparagraph shall be responsible for paying all fees charged
by such entity; and
‘‘(ii) if the parties reach a settlement with respect
to such notification prior to such a determination, each
party shall pay half of all fees charged by such entity,
unless the parties otherwise agree.
‘‘(6) TIMING OF PAYMENT.—The total plan or coverage payment required pursuant to subsection (a)(1) or (b)(1), with
respect to a qualified IDR item or service for which a determination is made under paragraph (5)(A) or with respect to an
item or service for which a payment amount is determined
under open negotiations under paragraph (1), shall be made
directly to the nonparticipating provider or facility not later
than 30 days after the date on which such determination is
made.
‘‘(7) PUBLICATION OF INFORMATION RELATING TO THE IDR
PROCESS.—
‘‘(A) PUBLICATION OF INFORMATION.—For each calendar
quarter in 2022 and each calendar quarter in a subsequent
year, the Secretary shall make available on the public
website of the Department of Health and Human Services—
‘‘(i) the number of notifications submitted under
paragraph (1)(B) during such calendar quarter;
‘‘(ii) the size of the provider practices and the
size of the facilities submitting notifications under
paragraph (1)(B) during such calendar quarter;
‘‘(iii) the number of such notifications with respect
to which a determination was made under paragraph
(5)(A);

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134 STAT. 2805

‘‘(iv) the information described in subparagraph
(B) with respect to each notification with respect to
which such a determination was so made;
‘‘(v) the number of times the payment amount
determined (or agreed to) under this subsection exceeds
the qualifying payment amount, specified by items and
services;
‘‘(vi) the amount of expenditures made by the Secretary during such calendar quarter to carry out the
IDR process;
‘‘(vii) the total amount of fees paid under paragraph (8) during such calendar quarter; and
‘‘(viii) the total amount of compensation paid to
certified IDR entities under paragraph (5)(F) during
such calendar quarter.
‘‘(B) INFORMATION.—For purposes of subparagraph (A),
the information described in this subparagraph is, with
respect to a notification under paragraph (1)(B) by a nonparticipating provider, nonparticipating emergency facility,
group health plan, or health insurance issuer offering group
or individual health insurance coverage—
‘‘(i) a description of each item and service included
with respect to such notification;
‘‘(ii) the geography in which the items and services
with respect to such notification were provided;
‘‘(iii) the amount of the offer submitted under paragraph (5)(B) by the group health plan or health insurance issuer (as applicable) and by the nonparticipating
provider or nonparticipating emergency facility (as
applicable) expressed as a percentage of the qualifying
payment amount;
‘‘(iv) whether the offer selected by the certified
IDR entity under paragraph (5) to be the payment
applied was the offer submitted by such plan or issuer
(as applicable) or by such provider or facility (as
applicable) and the amount of such offer so selected
expressed as a percentage of the qualifying payment
amount;
‘‘(v) the category and practice specialty of each
such provider or facility involved in furnishing such
items and services;
‘‘(vi) the identity of the health plan or health insurance issuer, provider, or facility, with respect to the
notification;
‘‘(vii) the length of time in making each determination;
‘‘(viii) the compensation paid to the certified IDR
entity with respect to the settlement or determination;
and
‘‘(ix) any other information specified by the Secretary.
‘‘(C) IDR ENTITY REQUIREMENTS.—For 2022 and each
subsequent year, an IDR entity, as a condition of certification as an IDR entity, shall submit to the Secretary
such information as the Secretary determines necessary
to carry out the provisions of this subsection.

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Estimates.

29 USC 1185e.

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‘‘(D) CLARIFICATION.—The Secretary shall ensure the
public reporting under this paragraph does not contain
information that would disclose privileged or confidential
information of a group health plan or health insurance
issuer offering group or individual health insurance coverage or of a provider or facility.
‘‘(8) ADMINISTRATIVE FEE.—
‘‘(A) IN GENERAL.—Each party to a determination under
paragraph (5) to which an entity is selected under paragraph (3) in a year shall pay to the Secretary, at such
time and in such manner as specified by the Secretary,
a fee for participating in the IDR process with respect
to such determination in an amount described in subparagraph (B) for such year.
‘‘(B) AMOUNT OF FEE.—The amount described in this
subparagraph for a year is an amount established by the
Secretary in a manner such that the total amount of fees
paid under this paragraph for such year is estimated to
be equal to the amount of expenditures estimated to be
made by the Secretary for such year in carrying out the
IDR process.
‘‘(9) WAIVER AUTHORITY.—The Secretary may modify any
deadline or other timing requirement specified under this subsection (other than the establishment date for the IDR process
under paragraph (2)(A) and other than under paragraph (6))
in cases of extenuating circumstances, as specified by the Secretary, or to ensure that all claims that occur during a 90day period described in paragraph (5)(E)(ii), but with respect
to which a notification is not permitted by reason of such
paragraph to be submitted under paragraph (1)(B) during such
period, are eligible for the IDR process.’’.
(b) ERISA.—Section 716 of the Employee Retirement Income
Security Act of 1974, as added by section 102, is amended—
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new subsection:
‘‘(c) DETERMINATION OF OUT-OF-NETWORK RATES TO BE PAID
BY HEALTH PLANS; INDEPENDENT DISPUTE RESOLUTION PROCESS.—
‘‘(1) DETERMINATION THROUGH OPEN NEGOTIATION.—
‘‘(A) IN GENERAL.—With respect to an item or service
furnished in a year by a nonparticipating provider or a
nonparticipating facility, with respect to a group health
plan or health insurance issuer offering group health insurance coverage, in a State described in subsection
(a)(3)(K)(ii) with respect to such plan or coverage and provider or facility, and for which a payment is required
to be made by the plan or coverage pursuant to subsection
(a)(1) or (b)(1), the provider or facility (as applicable) or
plan or coverage may, during the 30-day period beginning
on the day the provider or facility receives an initial payment or a notice of denial of payment from the plan or
coverage regarding a claim for payment for such item or
service, initiate open negotiations under this paragraph
between such provider or facility and plan or coverage
for purposes of determining, during the open negotiation
period, an amount agreed on by such provider or facility,
respectively, and such plan or coverage for payment

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134 STAT. 2807

(including any cost-sharing) for such item or service. For
purposes of this subsection, the open negotiation period,
with respect to an item or service, is the 30-day period
beginning on the date of initiation of the negotiations with
respect to such item or service.
‘‘(B) ACCESSING INDEPENDENT DISPUTE RESOLUTION
PROCESS IN CASE OF FAILED NEGOTIATIONS.—In the case
of open negotiations pursuant to subparagraph (A), with
respect to an item or service, that do not result in a
determination of an amount of payment for such item
or service by the last day of the open negotiation period
described in such subparagraph with respect to such item
or service, the provider or facility (as applicable) or group
health plan or health insurance issuer offering group health
insurance coverage that was party to such negotiations
may, during the 4-day period beginning on the day after
such open negotiation period, initiate the independent dispute resolution process under paragraph (2) with respect
to such item or service. The independent dispute resolution
process shall be initiated by a party pursuant to the previous sentence by submission to the other party and to
the Secretary of a notification (containing such information
as specified by the Secretary) and for purposes of this
subsection, the date of initiation of such process shall be
the date of such submission or such other date specified
by the Secretary pursuant to regulations that is not later
than the date of receipt of such notification by both the
other party and the Secretary.
‘‘(2) INDEPENDENT DISPUTE RESOLUTION PROCESS AVAILABLE
IN CASE OF FAILED OPEN NEGOTIATIONS.—
‘‘(A) ESTABLISHMENT.—Not later than 1 year after the
date of the enactment of this subsection, the Secretary,
jointly with the Secretary of Health and Human Services
and the Secretary of the Treasury, shall establish by regulation one independent dispute resolution process (referred
to in this subsection as the ‘IDR process’) under which,
in the case of an item or service with respect to which
a provider or facility (as applicable) or group health plan
or health insurance issuer offering group health insurance
coverage submits a notification under paragraph (1)(B) (in
this subsection referred to as a ‘qualified IDR item or
service’), a certified IDR entity under paragraph (4) determines, subject to subparagraph (B) and in accordance with
the succeeding provisions of this subsection, the amount
of payment under the plan or coverage for such item or
service furnished by such provider or facility.
‘‘(B) AUTHORITY TO CONTINUE NEGOTIATIONS.—Under
the independent dispute resolution process, in the case
that the parties to a determination for a qualified IDR
item or service agree on a payment amount for such item
or service during such process but before the date on which
the entity selected with respect to such determination
under paragraph (4) makes such determination under paragraph (5), such amount shall be treated for purposes of
subsection (a)(3)(K)(ii) as the amount agreed to by such
parties for such item or service. In the case of an agreement
described in the previous sentence, the independent dispute

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134 STAT. 2808

resolution process shall provide for a method to determine
how to allocate between the parties to such determination
the payment of the compensation of the entity selected
with respect to such determination.
‘‘(C) CLARIFICATION.—A nonparticipating provider may
not, with respect to an item or service furnished by such
provider, submit a notification under paragraph (1)(B) if
such provider is exempt from the requirement under subsection (a) of section 2799B–2 of the Public Health Service
Act with respect to such item or service pursuant to subsection (b) of such section.
‘‘(3) TREATMENT OF BATCHING OF ITEMS AND SERVICES.—
‘‘(A) IN GENERAL.—Under the IDR process, the Secretary shall specify criteria under which multiple qualified
IDR dispute items and services are permitted to be considered jointly as part of a single determination by an entity
for purposes of encouraging the efficiency (including minimizing costs) of the IDR process. Such items and services
may be so considered only if—
‘‘(i) such items and services to be included in such
determination are furnished by the same provider or
facility;
‘‘(ii) payment for such items and services is
required to be made by the same group health plan
or health insurance issuer;
‘‘(iii) such items and services are related to the
treatment of a similar condition; and
‘‘(iv) such items and services were furnished during
the 30 day period following the date on which the
first item or service included with respect to such
determination was furnished or an alternative period
as determined by the Secretary, for use in limited
situations, such as by the consent of the parties or
in the case of low-volume items and services, to encourage procedural efficiency and minimize health plan
and provider administrative costs.
‘‘(B) TREATMENT OF BUNDLED PAYMENTS.—In carrying
out subparagraph (A), the Secretary shall provide that,
in the case of items and services which are included by
a provider or facility as part of a bundled payment, such
items and services included in such bundled payment may
be part of a single determination under this subsection.
‘‘(4) CERTIFICATION AND SELECTION OF IDR ENTITIES.—
‘‘(A) IN GENERAL.—The Secretary, jointly with the Secretary of Health and Human Services and Secretary of
the Treasury, shall establish a process to certify (including
to recertify) entities under this paragraph. Such process
shall ensure that an entity so certified—
‘‘(i) has (directly or through contracts or other
arrangements) sufficient medical, legal, and other
expertise and sufficient staffing to make determinations described in paragraph (5) on a timely basis;
‘‘(ii) is not—
‘‘(I) a group health plan or health insurance
issuer offering group health insurance coverage,
provider, or facility;

Criteria.

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134 STAT. 2809

‘‘(II) an affiliate or a subsidiary of such a group
health plan or health insurance issuer, provider,
or facility; or
‘‘(III) an affiliate or subsidiary of a professional
or trade association of such group health plans
or health insurance issuers or of providers or facilities;
‘‘(iii) carries out the responsibilities of such an
entity in accordance with this subsection;
‘‘(iv) meets appropriate indicators of fiscal integrity;
‘‘(v) maintains the confidentiality (in accordance
with regulations promulgated by the Secretary) of
individually identifiable health information obtained
in the course of conducting such determinations;
‘‘(vi) does not under the IDR process carry out
any determination with respect to which the entity
would not pursuant to subclause (I), (II), or (III) of
subparagraph (F)(i) be eligible for selection; and
‘‘(vii) meets such other requirements as determined
appropriate by the Secretary.
‘‘(B) PERIOD OF CERTIFICATION.—Subject to subparagraph (C), each certification (including a recertification)
of an entity under the process described in subparagraph
(A) shall be for a 5-year period.
‘‘(C) REVOCATION.—A certification of an entity under
this paragraph may be revoked under the process described
in subparagraph (A) if the entity has a pattern or practice
of noncompliance with any of the requirements described
in such subparagraph.
‘‘(D) PETITION FOR DENIAL OR WITHDRAWAL.—The
process described in subparagraph (A) shall ensure that
an individual, provider, facility, or group health plan or
health insurance issuer offering group health insurance
coverage may petition for a denial of a certification or
a revocation of a certification with respect to an entity
under this paragraph for failure of meeting a requirement
of this subsection.
‘‘(E) SUFFICIENT NUMBER OF ENTITIES.—The process
described in subparagraph (A) shall ensure that a sufficient
number of entities are certified under this paragraph to
ensure the timely and efficient provision of determinations
described in paragraph (5).
‘‘(F) SELECTION OF CERTIFIED IDR ENTITY.—The Secretary shall, with respect to the determination of the
amount of payment under this subsection of an item or
service, provide for a method—
‘‘(i) that allows for the group health plan or health
insurance issuer offering group health insurance coverage and the nonparticipating provider or the nonparticipating emergency facility (as applicable)
involved in a notification under paragraph (1)(B) to
jointly select, not later than the last day of the 3business day period following the date of the initiation
of the process with respect to such item or service,
for purposes of making such determination, an entity
certified under this paragraph that—

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134 STAT. 2810

Notification.

Deadline.

Notification.

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‘‘(I) is not a party to such determination or
an employee or agent of such a party;
‘‘(II) does not have a material familial, financial, or professional relationship with such a party;
and
‘‘(III) does not otherwise have a conflict of
interest with such a party (as determined by the
Secretary); and
‘‘(ii) that requires, in the case such parties do
not make such selection by such last day, the Secretary
to, not later than 6 business days after such date
of initiation—
‘‘(I) select such an entity that satisfies subclauses (I) through (III) of clause (i)); and
‘‘(II) provide notification of such selection to
the provider or facility (as applicable) and the plan
or issuer (as applicable) party to such determination.
An entity selected pursuant to the previous sentence to make a
determination described in such sentence shall be referred to in
this subsection as the ‘certified IDR entity’ with respect to such
determination.
‘‘(5) PAYMENT DETERMINATION.—
‘‘(A) IN GENERAL.—Not later than 30 days after the
date of selection of the certified IDR entity with respect
to a determination for a qualified IDR item or service,
the certified IDR entity shall—
‘‘(i) taking into account the considerations specified
in subparagraph (C), select one of the offers submitted
under subparagraph (B) to be the amount of payment
for such item or service determined under this subsection for purposes of subsection (a)(1) or (b)(1), as
applicable; and
‘‘(ii) notify the provider or facility and the group
health plan or health insurance issuer offering group
health insurance coverage party to such determination
of the offer selected under clause (i).
‘‘(B) SUBMISSION OF OFFERS.—Not later than 10 days
after the date of selection of the certified IDR entity with
respect to a determination for a qualified IDR item or
service, the provider or facility and the group health plan
or health insurance issuer offering group health insurance
coverage party to such determination—
‘‘(i) shall each submit to the certified IDR entity
with respect to such determination—
‘‘(I) an offer for a payment amount for such
item or service furnished by such provider or
facility; and
‘‘(II) such information as requested by the certified IDR entity relating to such offer; and
‘‘(ii) may each submit to the certified IDR entity
with respect to such determination any information
relating to such offer submitted by either party,
including information relating to any circumstance
described in subparagraph (C)(ii).
‘‘(C) CONSIDERATIONS IN DETERMINATION.—

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134 STAT. 2811

‘‘(i) IN GENERAL.—In determining which offer is
the payment to be applied pursuant to this paragraph,
the certified IDR entity, with respect to the determination for a qualified IDR item or service shall consider—
‘‘(I) the qualifying payment amounts (as
defined in subsection (a)(3)(E)) for the applicable
year for items or services that are comparable
to the qualified IDR item or service and that are
furnished in the same geographic region (as
defined by the Secretary for purposes of such subsection) as such qualified IDR item or service;
and
‘‘(II) subject to subparagraph (D), information
on any circumstance described in clause (ii), such
information as requested in subparagraph
(B)(i)(II), and any additional information provided
in subparagraph (B)(ii).
‘‘(ii) ADDITIONAL CIRCUMSTANCES.—For purposes of
clause (i)(II), the circumstances described in this clause
are, with respect to a qualified IDR item or service
of a nonparticipating provider, nonparticipating emergency facility, group health plan, or health insurance
issuer of group health insurance coverage the following:
‘‘(I) The level of training, experience, and
quality and outcomes measurements of the provider or facility that furnished such item or service
(such as those endorsed by the consensus-based
entity authorized in section 1890 of the Social
Security Act).
‘‘(II) The market share held by the nonparticipating provider or facility or that of the plan or
issuer in the geographic region in which the item
or service was provided.
‘‘(III) The acuity of the individual receiving
such item or service or the complexity of furnishing
such item or service to such individual.
‘‘(IV) The teaching status, case mix, and scope
of services of the nonparticipating facility that furnished such item or service.
‘‘(V) Demonstrations of good faith efforts (or
lack of good faith efforts) made by the nonparticipating provider or nonparticipating facility or the
plan or issuer to enter into network agreements
and, if applicable, contracted rates between the
provider or facility, as applicable, and the plan
or issuer, as applicable, during the previous 4 plan
years.
‘‘(D) PROHIBITION ON CONSIDERATION OF CERTAIN FACTORS.—In determining which offer is the payment to be
applied with respect to qualified IDR items and services
furnished by a provider or facility, the certified IDR entity
with respect to a determination shall not consider usual
and customary charges, the amount that would have been
billed by such provider or facility with respect to such
items and services had the provisions of section 2799B–
1 of the Public Health Service Act or 2799B–2 of such
Act (as applicable) not applied, or the payment or

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PUBLIC LAW 116–260—DEC. 27, 2020
reimbursement rate for such items and services furnished
by such provider or facility payable by a public payor,
including under the Medicare program under title XVIII
of the Social Security Act, under the Medicaid program
under title XIX of such Act, under the Children’s Health
Insurance Program under title XXI of such Act, under
the TRICARE program under chapter 55 of title 10, United
States Code, or under chapter 17 of title 38, United States
Code.
‘‘(E) EFFECTS OF DETERMINATION.—
‘‘(i) IN GENERAL.—A determination of a certified
IDR entity under subparagraph (A)—
‘‘(I) shall be binding upon the parties involved,
in the absence of a fraudulent claim or evidence
of misrepresentation of facts presented to the IDR
entity involved regarding such claim; and
‘‘(II) shall not be subject to judicial review,
except in a case described in any of paragraphs
(1) through (4) of section 10(a) of title 9, United
States Code.
‘‘(ii) SUSPENSION OF CERTAIN SUBSEQUENT IDR
REQUESTS.—In the case of a determination of a certified
IDR entity under subparagraph (A), with respect to
an initial notification submitted under paragraph (1)(B)
with respect to qualified IDR items and services and
the two parties involved with such notification, the
party that submitted such notification may not submit
during the 90-day period following such determination
a subsequent notification under such paragraph
involving the same other party to such notification
with respect to such an item or service that was the
subject of such initial notification.
‘‘(iii) SUBSEQUENT SUBMISSION OF REQUESTS PERMITTED.—In the case of a notification that pursuant
to clause (ii) is not permitted to be submitted under
paragraph (1)(B) during a 90-day period specified in
such clause, if the end of the open negotiation period
specified in paragraph (1)(A), that but for this clause
would otherwise apply with respect to such notification,
occurs during such 90-day period, such paragraph
(1)(B) shall be applied as if the reference in such paragraph to the 4-day period beginning on the day after
such open negotiation period were instead a reference
to the 30-day period beginning on the day after the
last day of such 90-day period.
‘‘(iv) REPORTS.—The Secretary, jointly with the
Secretary of Health and Human Services and the Secretary of the Treasury, shall examine the impact of
the application of clause (ii) and whether the application of such clause delays payment determinations or
impacts early, alternative resolution of claims (such
as through open negotiations), and shall submit to
Congress, not later than 2 years after the date of
implementation of such clause an interim report (and
not later than 4 years after such date of implementation, a final report) on whether any group health plans
or health insurance issuers offering group or individual

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134 STAT. 2813

health insurance coverage or types of such plans or
coverage have a pattern or practice of routine denial,
low payment, or down-coding of claims, or otherwise
abuse the 90-day period described in such clause,
including recommendations on ways to discourage such
a pattern or practice.
‘‘(F) COSTS OF INDEPENDENT DISPUTE RESOLUTION
PROCESS.—In the case of a notification under paragraph
(1)(B) submitted by a nonparticipating provider, nonparticipating emergency facility, group health plan, or health
insurance issuer offering group health insurance coverage
and submitted to a certified IDR entity—
‘‘(i) if such entity makes a determination with
respect to such notification under subparagraph (A),
the party whose offer is not chosen under such subparagraph shall be responsible for paying all fees charged
by such entity; and
‘‘(ii) if the parties reach a settlement with respect
to such notification prior to such a determination, each
party shall pay half of all fees charged by such entity,
unless the parties otherwise agree.
‘‘(6) TIMING OF PAYMENT.—The total plan or coverage payment required pursuant to subsection (a)(1) or (b)(1), with
respect to a qualified IDR item or service for which a determination is made under paragraph (5)(A) or with respect to an
item or service for which a payment amount is determined
under open negotiations under paragraph (1), shall be made
directly to the nonparticipating provider or facility not later
than 30 days after the date on which such determination is
made.
‘‘(7) PUBLICATION OF INFORMATION RELATING TO THE IDR
PROCESS.—
‘‘(A) PUBLICATION OF INFORMATION.—For each calendar
quarter in 2022 and each calendar quarter in a subsequent
year, the Secretary shall make available on the public
website of the Department of Labor—
‘‘(i) the number of notifications submitted under
paragraph (1)(B) during such calendar quarter;
‘‘(ii) the size of the provider practices and the
size of the facilities submitting notifications under
paragraph (1)(B) during such calendar quarter;
‘‘(iii) the number of such notifications with respect
to which a determination was made under paragraph
(5)(A);
‘‘(iv) the information described in subparagraph
(B) with respect to each notification with respect to
which such a determination was so made;
‘‘(v) the number of times the payment amount
determined (or agreed to) under this subsection exceeds
the qualifying payment amount, specified by items and
services;
‘‘(vi) the amount of expenditures made by the Secretary during such calendar quarter to carry out the
IDR process;
‘‘(vii) the total amount of fees paid under paragraph (8) during such calendar quarter; and

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PUBLIC LAW 116–260—DEC. 27, 2020
‘‘(viii) the total amount of compensation paid to
certified IDR entities under paragraph (5)(F) during
such calendar quarter.
‘‘(B) INFORMATION.—For purposes of subparagraph (A),
the information described in this subparagraph is, with
respect to a notification under paragraph (1)(B) by a nonparticipating provider, nonparticipating emergency facility,
group health plan, or health insurance issuer offering group
health insurance coverage—
‘‘(i) a description of each item and service included
with respect to such notification;
‘‘(ii) the geography in which the items and services
with respect to such notification were provided;
‘‘(iii) the amount of the offer submitted under paragraph (5)(B) by the group health plan or health insurance issuer (as applicable) and by the nonparticipating
provider or nonparticipating emergency facility (as
applicable) expressed as a percentage of the qualifying
payment amount;
‘‘(iv) whether the offer selected by the certified
IDR entity under paragraph (5) to be the payment
applied was the offer submitted by such plan or issuer
(as applicable) or by such provider or facility (as
applicable) and the amount of such offer so selected
expressed as a percentage of the qualifying payment
amount;
‘‘(v) the category and practice specialty of each
such provider or facility involved in furnishing such
items and services;
‘‘(vi) the identity of the health plan or health insurance issuer, provider, or facility, with respect to the
notification;
‘‘(vii) the length of time in making each determination;
‘‘(viii) the compensation paid to the certified IDR
entity with respect to the settlement or determination;
and
‘‘(ix) any other information specified by the Secretary.
‘‘(C) IDR ENTITY REQUIREMENTS.—For 2022 and each
subsequent year, an IDR entity, as a condition of certification as an IDR entity, shall submit to the Secretary
such information as the Secretary determines necessary
to carry out the provisions of this subsection.
‘‘(D) CLARIFICATION.—The Secretary shall ensure the
public reporting under this paragraph does not contain
information that would disclose privileged or confidential
information of a group health plan or health insurance
issuer offering group or individual health insurance coverage or of a provider or facility.
‘‘(8) ADMINISTRATIVE FEE.—
‘‘(A) IN GENERAL.—Each party to a determination under
paragraph (5) to which an entity is selected under paragraph (3) in a year shall pay to the Secretary, at such
time and in such manner as specified by the Secretary,
a fee for participating in the IDR process with respect

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134 STAT. 2815

to such determination in an amount described in subparagraph (B) for such year.
‘‘(B) AMOUNT OF FEE.—The amount described in this
subparagraph for a year is an amount established by the
Secretary in a manner such that the total amount of fees
paid under this paragraph for such year is estimated to
be equal to the amount of expenditures estimated to be
made by the Secretary for such year in carrying out the
IDR process.
‘‘(9) WAIVER AUTHORITY.—The Secretary may modify any
deadline or other timing requirement specified under this subsection (other than the establishment date for the IDR process
under paragraph (2)(A) and other than under paragraph (6))
in cases of extenuating circumstances, as specified by the Secretary, or to ensure that all claims that occur during a 90day period described in paragraph (5)(E)(ii), but with respect
to which a notification is not permitted by reason of such
paragraph to be submitted under paragraph (1)(B) during such
period, are eligible for the IDR process.’’.
(c) IRC.—Section 9816 of the Internal Revenue Code of 1986,
as added by section 102, is amended—
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new subsection:
‘‘(c) DETERMINATION OF OUT-OF-NETWORK RATES TO BE PAID
BY HEALTH PLANS; INDEPENDENT DISPUTE RESOLUTION PROCESS.—
‘‘(1) DETERMINATION THROUGH OPEN NEGOTIATION.—
‘‘(A) IN GENERAL.—With respect to an item or service
furnished in a year by a nonparticipating provider or a
nonparticipating facility, with respect to a group health
plan, in a State described in subsection (a)(3)(K)(ii) with
respect to such plan and provider or facility, and for which
a payment is required to be made by the plan pursuant
to subsection (a)(1) or (b)(1), the provider or facility (as
applicable) or plan may, during the 30-day period beginning
on the day the provider or facility receives an initial payment or a notice of denial of payment from the plan
regarding a claim for payment for such item or service,
initiate open negotiations under this paragraph between
such provider or facility and plan for purposes of determining, during the open negotiation period, an amount
agreed on by such provider or facility, respectively, and
such plan for payment (including any cost-sharing) for such
item or service. For purposes of this subsection, the open
negotiation period, with respect to an item or service, is
the 30-day period beginning on the date of initiation of
the negotiations with respect to such item or service.
‘‘(B) ACCESSING INDEPENDENT DISPUTE RESOLUTION
PROCESS IN CASE OF FAILED NEGOTIATIONS.—In the case
of open negotiations pursuant to subparagraph (A), with
respect to an item or service, that do not result in a
determination of an amount of payment for such item
or service by the last day of the open negotiation period
described in such subparagraph with respect to such item
or service, the provider or facility (as applicable) or group
health plan that was party to such negotiations may, during
the 4-day period beginning on the day after such open

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134 STAT. 2816

negotiation period, initiate the independent dispute resolution process under paragraph (2) with respect to such item
or service. The independent dispute resolution process shall
be initiated by a party pursuant to the previous sentence
by submission to the other party and to the Secretary
of a notification (containing such information as specified
by the Secretary) and for purposes of this subsection, the
date of initiation of such process shall be the date of such
submission or such other date specified by the Secretary
pursuant to regulations that is not later than the date
of receipt of such notification by both the other party and
the Secretary.
‘‘(2) INDEPENDENT DISPUTE RESOLUTION PROCESS AVAILABLE
IN CASE OF FAILED OPEN NEGOTIATIONS.—
‘‘(A) ESTABLISHMENT.—Not later than 1 year after the
date of the enactment of this subsection, the Secretary,
jointly with the Secretary of Health and Human Services
and the Secretary of Labor, shall establish by regulation
one independent dispute resolution process (referred to in
this subsection as the ‘IDR process’) under which, in the
case of an item or service with respect to which a provider
or facility (as applicable) or group health plan submits
a notification under paragraph (1)(B) (in this subsection
referred to as a ‘qualified IDR item or service’), a certified
IDR entity under paragraph (4) determines, subject to
subparagraph (B) and in accordance with the succeeding
provisions of this subsection, the amount of payment under
the plan for such item or service furnished by such provider
or facility.
‘‘(B) AUTHORITY TO CONTINUE NEGOTIATIONS.—Under
the independent dispute resolution process, in the case
that the parties to a determination for a qualified IDR
item or service agree on a payment amount for such item
or service during such process but before the date on which
the entity selected with respect to such determination
under paragraph (4) makes such determination under paragraph (5), such amount shall be treated for purposes of
subsection (a)(3)(K)(ii) as the amount agreed to by such
parties for such item or service. In the case of an agreement
described in the previous sentence, the independent dispute
resolution process shall provide for a method to determine
how to allocate between the parties to such determination
the payment of the compensation of the entity selected
with respect to such determination.
‘‘(C) CLARIFICATION.—A nonparticipating provider may
not, with respect to an item or service furnished by such
provider, submit a notification under paragraph (1)(B) if
such provider is exempt from the requirement under subsection (a) of section 2799B–2 of the Public Health Service
Act with respect to such item or service pursuant to subsection (b) of such section.
‘‘(3) TREATMENT OF BATCHING OF ITEMS AND SERVICES.—
‘‘(A) IN GENERAL.—Under the IDR process, the Secretary shall specify criteria under which multiple qualified
IDR dispute items and services are permitted to be considered jointly as part of a single determination by an entity

Regulations.
Notification.
Deadline.

Deadline.
Regulations.

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134 STAT. 2817

for purposes of encouraging the efficiency (including minimizing costs) of the IDR process. Such items and services
may be so considered only if—
‘‘(i) such items and services to be included in such
determination are furnished by the same provider or
facility;
‘‘(ii) payment for such items and services is
required to be made by the same group health plan
or health insurance issuer;
‘‘(iii) such items and services are related to the
treatment of a similar condition; and
‘‘(iv) such items and services were furnished during
the 30 day period following the date on which the
first item or service included with respect to such
determination was furnished or an alternative period
as determined by the Secretary, for use in limited
situations, such as by the consent of the parties or
in the case of low-volume items and services, to encourage procedural efficiency and minimize health plan
and provider administrative costs.
‘‘(B) TREATMENT OF BUNDLED PAYMENTS.—In carrying
out subparagraph (A), the Secretary shall provide that,
in the case of items and services which are included by
a provider or facility as part of a bundled payment, such
items and services included in such bundled payment may
be part of a single determination under this subsection.
‘‘(4) CERTIFICATION AND SELECTION OF IDR ENTITIES.—
‘‘(A) IN GENERAL.—The Secretary, jointly with the Secretary of Health and Human Services and the Secretary
of Labor, shall establish a process to certify (including
to recertify) entities under this paragraph. Such process
shall ensure that an entity so certified—
‘‘(i) has (directly or through contracts or other
arrangements) sufficient medical, legal, and other
expertise and sufficient staffing to make determinations described in paragraph (5) on a timely basis;
‘‘(ii) is not—
‘‘(I) a group health plan, provider, or facility;
‘‘(II) an affiliate or a subsidiary of such a group
health plan, provider, or facility; or
‘‘(III) an affiliate or subsidiary of a professional
or trade association of such group health plans
or of providers or facilities;
‘‘(iii) carries out the responsibilities of such an
entity in accordance with this subsection;
‘‘(iv) meets appropriate indicators of fiscal integrity;
‘‘(v) maintains the confidentiality (in accordance
with regulations promulgated by the Secretary) of
individually identifiable health information obtained
in the course of conducting such determinations;
‘‘(vi) does not under the IDR process carry out
any determination with respect to which the entity
would not pursuant to subclause (I), (II), or (III) of
subparagraph (F)(i) be eligible for selection; and
‘‘(vii) meets such other requirements as determined
appropriate by the Secretary.

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134 STAT. 2818

Deadlines.

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‘‘(B) PERIOD OF CERTIFICATION.—Subject to subparagraph (C), each certification (including a recertification)
of an entity under the process described in subparagraph
(A) shall be for a 5-year period.
‘‘(C) REVOCATION.—A certification of an entity under
this paragraph may be revoked under the process described
in subparagraph (A) if the entity has a pattern or practice
of noncompliance with any of the requirements described
in such subparagraph.
‘‘(D) PETITION FOR DENIAL OR WITHDRAWAL.—The
process described in subparagraph (A) shall ensure that
an individual, provider, facility, or group health plan may
petition for a denial of a certification or a revocation of
a certification with respect to an entity under this paragraph for failure of meeting a requirement of this subsection.
‘‘(E) SUFFICIENT NUMBER OF ENTITIES.—The process
described in subparagraph (A) shall ensure that a sufficient
number of entities are certified under this paragraph to
ensure the timely and efficient provision of determinations
described in paragraph (5).
‘‘(F) SELECTION OF CERTIFIED IDR ENTITY.—The Secretary shall, with respect to the determination of the
amount of payment under this subsection of an item or
service, provide for a method—
‘‘(i) that allows for the group health plan and the
nonparticipating provider or the nonparticipating
emergency facility (as applicable) involved in a notification under paragraph (1)(B) to jointly select, not later
than the last day of the 3-business day period following
the date of the initiation of the process with respect
to such item or service, for purposes of making such
determination, an entity certified under this paragraph
that—
‘‘(I) is not a party to such determination or
an employee or agent of such a party;
‘‘(II) does not have a material familial, financial, or professional relationship with such a party;
and
‘‘(III) does not otherwise have a conflict of
interest with such a party (as determined by the
Secretary); and
‘‘(ii) that requires, in the case such parties do
not make such selection by such last day, the Secretary
to, not later than 6 business days after such date
of initiation—
‘‘(I) select such an entity that satisfies subclauses (I) through (III) of clause (i)); and
‘‘(II) provide notification of such selection to
the provider or facility (as applicable) and the plan
or issuer (as applicable) party to such determination.
An entity selected pursuant to the previous sentence to make a
determination described in such sentence shall be referred to in
this subsection as the ‘certified IDR entity’ with respect to such
determination.
‘‘(5) PAYMENT DETERMINATION.—

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134 STAT. 2819

‘‘(A) IN GENERAL.—Not later than 30 days after the
date of selection of the certified IDR entity with respect
to a determination for a qualified IDR item or service,
the certified IDR entity shall—
‘‘(i) taking into account the considerations specified
in subparagraph (C), select one of the offers submitted
under subparagraph (B) to be the amount of payment
for such item or service determined under this subsection for purposes of subsection (a)(1) or (b)(1), as
applicable; and
‘‘(ii) notify the provider or facility and the group
health plan party to such determination of the offer
selected under clause (i).
‘‘(B) SUBMISSION OF OFFERS.—Not later than 10 days
after the date of selection of the certifed IDR entity with
respect to a determination for a qualified IDR item or
service, the provider or facility and the group health plan
party to such determination—
‘‘(i) shall each submit to the certified IDR entity
with respect to such determination—
‘‘(I) an offer for a payment amount for such
item or service furnished by such provider or
facility; and
‘‘(II) such information as requested by the certified IDR entity relating to such offer; and
‘‘(ii) may each submit to the certified IDR entity
with respect to such determination any information
relating to such offer submitted by either party,
including information relating to any circumstance
described in subparagraph (C)(ii).
‘‘(C) CONSIDERATIONS IN DETERMINATION.—
‘‘(i) IN GENERAL.—In determining which offer is
the payment to be applied pursuant to this paragraph,
the certified IDR entity, with respect to the determination for a qualified IDR item or service shall consider—
‘‘(I) the qualifying payment amounts (as
defined in subsection (a)(3)(E)) for the applicable
year for items or services that are comparable
to the qualified IDR item or service and that are
furnished in the same geographic region (as
defined by the Secretary for purposes of such subsection) as such qualified IDR item or service;
and
‘‘(II) subject to subparagraph (D), information
on any circumstance described in clause (ii), such
information as requested in subparagraph
(B)(i)(II), and any additional information provided
in subparagraph (B)(ii).
‘‘(ii) ADDITIONAL CIRCUMSTANCES.—For purposes of
clause (i)(II), the circumstances described in this clause
are, with respect to a qualified IDR item or service
of a nonparticipating provider, nonparticipating emergency facility, or group health plan, the following:
‘‘(I) The level of training, experience, and
quality and outcomes measurements of the provider or facility that furnished such item or service
(such as those endorsed by the consensus-based

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Notification.

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PUBL260B

134 STAT. 2820

entity authorized in section 1890 of the Social
Security Act).
‘‘(II) The market share held by the nonparticipating provider or facility or that of the plan or
issuer in the geographic region in which the item
or service was provided.
‘‘(III) The acuity of the individual receiving
such item or service or the complexity of furnishing
such item or service to such individual.
‘‘(IV) The teaching status, case mix, and scope
of services of the nonparticipating facility that furnished such item or service.
‘‘(V) Demonstrations of good faith efforts (or
lack of good faith efforts) made by the nonparticipating provider or nonparticipating facility or the
plan or issuer to enter into network agreements
and, if applicable, contracted rates between the
provider or facility, as applicable, and the plan
or issuer, as applicable, during the previous 4 plan
years.
‘‘(D) PROHIBITION ON CONSIDERATION OF CERTAIN FACTORS.—In determining which offer is the payment to be
applied with respect to qualified IDR items and services
furnished by a provider or facility, the certified IDR entity
with respect to a determination shall not consider usual
and customary charges, the amount that would have been
billed by such provider or facility with respect to such
items and services had the provisions of section 2799B–
1 of the Public Health Service Act or 2799B–2 of such
Act (as applicable) not applied, or the payment or
reimbursement rate for such items and services furnished
by such provider or facility payable by a public payor,
including under the Medicare program under title XVIII
of the Social Security Act, under the Medicaid program
under title XIX of such Act, under the Children’s Health
Insurance Program under title XXI of such Act, under
the TRICARE program under chapter 55 of title 10, United
States Code, or under chapter 17 of title 38, United States
Code.
‘‘(E) EFFECTS OF DETERMINATION.—
‘‘(i) IN GENERAL.—A determination of a certified
IDR entity under subparagraph (A)—
‘‘(I) shall be binding upon the parties involved,
in the absence of a fraudulent claim or evidence
of misrepresentation of facts presented to the IDR
entity involved regarding such claim; and
‘‘(II) shall not be subject to judicial review,
except in a case described in any of paragraphs
(1) through (4) of section 10(a) of title 9, United
States Code.
‘‘(ii) SUSPENSION OF CERTAIN SUBSEQUENT IDR
REQUESTS.—In the case of a determination of a certified
IDR entity under subparagraph (A), with respect to
an initial notification submitted under paragraph (1)(B)
with respect to qualified IDR items and services and
the two parties involved with such notification, the
party that submitted such notification may not submit

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2821

during the 90-day period following such determination
a subsequent notification under such paragraph
involving the same other party to such notification
with respect to such an item or service that was the
subject of such initial notification.
‘‘(iii) SUBSEQUENT SUBMISSION OF REQUESTS PERMITTED.—In the case of a notification that pursuant
to clause (ii) is not permitted to be submitted under
paragraph (1)(B) during a 90-day period specified in
such clause, if the end of the open negotiation period
specified in paragraph (1)(A), that but for this clause
would otherwise apply with respect to such notification,
occurs during such 90-day period, such paragraph
(1)(B) shall be applied as if the reference in such paragraph to the 4-day period beginning on the day after
such open negotiation period were instead a reference
to the 30-day period beginning on the day after the
last day of such 90-day period.
‘‘(iv) REPORTS.—The Secretary, jointly with the
Secretary of Labor and the Secretary of the Health
and Human Services, shall examine the impact of the
application of clause (ii) and whether the application
of such clause delays payment determinations or
impacts early, alternative resolution of claims (such
as through open negotiations), and shall submit to
Congress, not later than 2 years after the date of
implementation of such clause an interim report (and
not later than 4 years after such date of implementation, a final report) on whether any group health plans
or health insurance issuers offering group or individual
health insurance coverage or types of such plans or
coverage have a pattern or practice of routine denial,
low payment, or down-coding of claims, or otherwise
abuse the 90-day period described in such clause,
including recommendations on ways to discourage such
a pattern or practice.
‘‘(F) COSTS OF INDEPENDENT DISPUTE RESOLUTION
PROCESS.—In the case of a notification under paragraph
(1)(B) submitted by a nonparticipating provider, nonparticipating emergency facility, or group health plan and submitted to a certified IDR entity—
‘‘(i) if such entity makes a determination with
respect to such notification under subparagraph (A),
the party whose offer is not chosen under such subparagraph shall be responsible for paying all fees charged
by such entity; and
‘‘(ii) if the parties reach a settlement with respect
to such notification prior to such a determination, each
party shall pay half of all fees charged by such entity,
unless the parties otherwise agree.
‘‘(6) TIMING OF PAYMENT.—The total plan payment required
pursuant to subsection (a)(1) or (b)(1), with respect to a qualified
IDR item or service for which a determination is made under
paragraph (5)(A) or with respect to an item or service for

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Recommendations.

Deadline.

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134 STAT. 2822

which a payment amount is determined under open negotiations under paragraph (1), shall be made directly to the nonparticipating provider or facility not later than 30 days after
the date on which such determination is made.
‘‘(7) PUBLICATION OF INFORMATION RELATING TO THE IDR
PROCESS.—
‘‘(A) PUBLICATION OF INFORMATION.—For each calendar
quarter in 2022 and each calendar quarter in a subsequent
year, the Secretary shall make available on the public
website of the Department of the Treasury—
‘‘(i) the number of notifications submitted under
paragraph (1)(B) during such calendar quarter;
‘‘(ii) the size of the provider practices and the
size of the facilities submitting notifications under
paragraph (1)(B) during such calendar quarter;
‘‘(iii) the number of such notifications with respect
to which a determination was made under paragraph
(5)(A);
‘‘(iv) the information described in subparagraph
(B) with respect to each notification with respect to
which such a determination was so made;
‘‘(v) the number of times the payment amount
determined (or agreed to) under this subsection exceeds
the qualifying payment amount, specified by items and
services;
‘‘(vi) the amount of expenditures made by the Secretary during such calendar quarter to carry out the
IDR process;
‘‘(vii) the total amount of fees paid under paragraph (8) during such calendar quarter; and
‘‘(viii) the total amount of compensation paid to
certified IDR entities under paragraph (5)(F) during
such calendar quarter.
‘‘(B) INFORMATION.—For purposes of subparagraph (A),
the information described in this subparagraph is, with
respect to a notification under paragraph (1)(B) by a nonparticipating provider, nonparticipating emergency facility,
or group health plan—
‘‘(i) a description of each item and service included
with respect to such notification;
‘‘(ii) the geography in which the items and services
with respect to such notification were provided;
‘‘(iii) the amount of the offer submitted under paragraph (5)(B) by the group health plan and by the
nonparticipating provider or nonparticipating emergency facility (as applicable) expressed as a percentage
of the qualifying payment amount;
‘‘(iv) whether the offer selected by the certified
IDR entity under paragraph (5) to be the payment
applied was the offer submitted by such plan or by
such provider or facility (as applicable) and the amount
of such offer so selected expressed as a percentage
of the qualifying payment amount;
‘‘(v) the category and practice specialty of each
such provider or facility involved in furnishing such
items and services;

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Public
information.
Web posting.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2823

‘‘(vi) the identity of the group health plan, provider,
or facility, with respect to the notification;
‘‘(vii) the length of time in making each determination;
‘‘(viii) the compensation paid to the certified IDR
entity with respect to the settlement or determination;
and
‘‘(ix) any other information specified by the Secretary.
‘‘(C) IDR ENTITY REQUIREMENTS.—For 2022 and each
subsequent year, an IDR entity, as a condition of certification as an IDR entity, shall submit to the Secretary
such information as the Secretary determines necessary
to carry out the provisions of this subsection.
‘‘(D) CLARIFICATION.—The Secretary shall ensure the
public reporting under this paragraph does not contain
information that would disclose privileged or confidential
information of a group health plan or health insurance
issuer offering group or individual health insurance coverage or of a provider or facility.
‘‘(8) ADMINISTRATIVE FEE.—
‘‘(A) IN GENERAL.—Each party to a determination under
paragraph (5) to which an entity is selected under paragraph (3) in a year shall pay to the Secretary, at such
time and in such manner as specified by the Secretary,
a fee for participating in the IDR process with respect
to such determination in an amount described in subparagraph (B) for such year.
‘‘(B) AMOUNT OF FEE.—The amount described in this
subparagraph for a year is an amount established by the
Secretary in a manner such that the total amount of fees
paid under this paragraph for such year is estimated to
be equal to the amount of expenditures estimated to be
made by the Secretary for such year in carrying out the
IDR process.
‘‘(9) WAIVER AUTHORITY.—The Secretary may modify any
deadline or other timing requirement specified under this subsection (other than the establishment date for the IDR process
under paragraph (2)(A) and other than under paragraph (6))
in cases of extenuating circumstances, as specified by the Secretary, or to ensure that all claims that occur during a 90day period described in paragraph (5)(E)(ii), but with respect
to which a notification is not permitted by reason of such
paragraph to be submitted under paragraph (1)(B) during such
period, are eligible for the IDR process.’’.

Estimates.

SEC. 104. HEALTH CARE PROVIDER REQUIREMENTS REGARDING SURPRISE MEDICAL BILLING.

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(a) IN GENERAL.—Title XXVII of the Public Health Service
Act (42 U.S.C. 300gg et seq.) is amended by inserting after part
D, as added by section 102, the following:

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134 STAT. 2824

PUBLIC LAW 116–260—DEC. 27, 2020

‘‘PART E—HEALTH CARE PROVIDER
REQUIREMENTS

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42 USC
300gg–131.
Effective date.

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‘‘SEC. 2799B–1. BALANCE BILLING IN CASES OF EMERGENCY SERVICES.

‘‘(a) IN GENERAL.—In the case of a participant, beneficiary,
or enrollee with benefits under a group health plan or group or
individual health insurance coverage offered by a health insurance
issuer and who is furnished during a plan year beginning on or
after January 1, 2022, emergency services (for which benefits are
provided under the plan or coverage) with respect to an emergency
medical condition with respect to a visit at an emergency department of a hospital or an independent freestanding emergency
department—
‘‘(1) in the case that the hospital or independent freestanding emergency department is a nonparticipating emergency facility, the emergency department of a hospital or independent freestanding emergency department shall not bill, and
shall not hold liable, the participant, beneficiary, or enrollee
for a payment amount for such emergency services so furnished
that is more than the cost-sharing requirement for such services
(as determined in accordance with clauses (ii) and (iii) of section
2799A–1(a)(1)(C), of section 9816(a)(1)(C) of the Internal Revenue Code of 1986, and of section 716(a)(1)(C) of the Employee
Retirement Income Security Act of 1974, as applicable); and
‘‘(2) in the case that such services are furnished by a
nonparticipating provider, the health care provider shall not
bill, and shall not hold liable, such participant, beneficiary,
or enrollee for a payment amount for an emergency service
furnished to such individual by such provider with respect
to such emergency medical condition and visit for which the
individual receives emergency services at the hospital or emergency department that is more than the cost-sharing requirement for such services furnished by the provider (as determined
in accordance with clauses (ii) and (iii) of section 2799A–
1(a)(1)(C), of section 9816(a)(1)(C) of the Internal Revenue Code
of 1986, and of section 716(a)(1)(C) of the Employee Retirement
Income Security Act of 1974, as applicable).
‘‘(b) DEFINITION.—In this section, the term ‘visit’ shall have
such meaning as applied to such term for purposes of section
2799A–1(b).

42 USC
300gg–132.

‘‘SEC. 2799B–2. BALANCE BILLING IN CASES OF NON-EMERGENCY SERVICES PERFORMED BY NONPARTICIPATING PROVIDERS
AT CERTAIN PARTICIPATING FACILITIES.

Effective date.

‘‘(a) IN GENERAL.—Subject to subsection (b), in the case of
a participant, beneficiary, or enrollee with benefits under a group
health plan or group or individual health insurance coverage offered
by a health insurance issuer and who is furnished during a plan
year beginning on or after January 1, 2022, items or services
(other than emergency services to which section 2799B–1 applies)
for which benefits are provided under the plan or coverage at
a participating health care facility by a nonparticipating provider,
such provider shall not bill, and shall not hold liable, such participant, beneficiary, or enrollee for a payment amount for such an
item or service furnished by such provider with respect to a visit
at such facility that is more than the cost-sharing requirement

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2825

for such item or service (as determined in accordance with subparagraphs (A) and (B) of section 2799A–1(b)(1) of section 9816(b)(1)
of the Internal Revenue Code of 1986, and of section 716(b)(1)
of the Employee Retirement Income Security Act of 1974, as
applicable).
‘‘(b) EXCEPTION.—
‘‘(1) IN GENERAL.—Subsection (a) shall not apply with
respect to items or services (other than ancillary services
described in paragraph (2)) furnished by a nonparticipating
provider to a participant, beneficiary, or enrollee of a group
health plan or group or individual health insurance coverage
offered by a health insurance issuer, if the provider satisfies
the notice and consent criteria of subsection (d).
‘‘(2) ANCILLARY SERVICES DESCRIBED.—For purposes of
paragraph (1), ancillary services described in this paragraph
are, with respect to a participating health care facility—
‘‘(A) subject to paragraph (3), items and services related
to emergency medicine, anesthesiology, pathology, radiology, and neonatology, whether or not provided by a physician or non-physician practitioner, and items and services
provided by assistant surgeons, hospitalists, and
intensivists;
‘‘(B) subject to paragraph (3), diagnostic services
(including radiology and laboratory services);
‘‘(C) items and services provided by such other specialty
practitioners, as the Secretary specifies through rulemaking; and
‘‘(D) items and services provided by a nonparticipating
provider if there is no participating provider who can furnish such item or service at such facility.
‘‘(3) EXCEPTION.—The Secretary may, through rulemaking,
establish a list (and update such list periodically) of advanced
diagnostic laboratory tests, which shall not be included as an
ancillary service described in paragraph (2) and with respect
to which subsection (a) would apply.
‘‘(c) CLARIFICATION.—In the case of a nonparticipating provider
that satisfies the notice and consent criteria of subsection (d) with
respect to an item or service (referred to in this subsection as
a ‘covered item or service’), such notice and consent criteria may
not be construed as applying with respect to any item or service
that is furnished as a result of unforeseen, urgent medical needs
that arise at the time such covered item or service is furnished.
For purposes of the previous sentence, a covered item or service
shall not include an ancillary service described in subsection (b)(2).
‘‘(d) NOTICE AND CONSENT TO BE TREATED BY A NONPARTICIPATING PROVIDER OR NONPARTICIPATING FACILITY.—
‘‘(1) IN GENERAL.—A nonparticipating provider or nonparticipating facility satisfies the notice and consent criteria
of this subsection, with respect to items or services furnished
by the provider or facility to a participant, beneficiary, or
enrollee of a group health plan or group or individual health
insurance coverage offered by a health insurance issuer, if
the provider (or, if applicable, the participating health care
facility on behalf of such provider) or nonparticipating facility—
‘‘(A) in the case that the participant, beneficiary, or
enrollee makes an appointment to be furnished such items
or services at least 72 hours prior to the date on which

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Regulations.
List.
Updates.

Time periods.
Deadlines.
Updates.

PUBL260B

134 STAT. 2826

the individual is to be furnished such items or services,
provides to the participant, beneficiary, or enrollee (or to
an authorized representative of the participant, beneficiary,
or enrollee) not later than 72 hours prior to the date
on which the individual is furnished such items or services
(or, in the case that the participant, beneficiary, or enrollee
makes such an appointment within 72 hours of when such
items or services are to be furnished, provides to the participant, beneficiary, or enrollee (or to an authorized representative of the participant, beneficiary, or enrollee) on such
date the appointment is made), a written notice in paper
or electronic form, as selected by the participant, beneficiary, or enrollee, (and including electronic notification,
as practicable) specified by the Secretary, not later than
July 1, 2021, through guidance (which shall be updated
as determined necessary by the Secretary) that—
‘‘(i) contains the information required under paragraph (2);
‘‘(ii) clearly states that consent to receive such
items and services from such nonparticipating provider
or nonparticipating facility is optional and that the
participant, beneficiary, or enrollee may instead seek
care from a participating provider or at a participating
facility, with respect to such plan or coverage, as
applicable, in which case the cost-sharing responsibility
of the participant, beneficiary, or enrollee would not
exceed such responsibility that would apply with
respect to such an item or service that is furnished
by a participating provider or participating facility,
as applicable with respect to such plan; and
‘‘(iii) is available in the 15 most common languages
in the geographic region of the applicable facility;
‘‘(B) obtains from the participant, beneficiary, or
enrollee (or from such an authorized representative) the
consent described in paragraph (3) to be treated by a nonparticipating provider or nonparticipating facility; and
‘‘(C) provides a signed copy of such consent to the
participant, beneficiary, or enrollee through mail or email
(as selected by the participant, beneficiary, or enrollee).
‘‘(2) INFORMATION REQUIRED UNDER WRITTEN NOTICE.—For
purposes of paragraph (1)(A)(i), the information described in
this paragraph, with respect to a nonparticipating provider
or nonparticipating facility and a participant, beneficiary, or
enrollee of a group health plan or group or individual health
insurance coverage offered by a health insurance issuer, is
each of the following:
‘‘(A) Notification, as applicable, that the health care
provider is a nonparticipating provider with respect to the
health plan or the health care facility is a nonparticipating
facility with respect to the health plan.
‘‘(B) Notification of the good faith estimated amount
that such provider or facility may charge the participant,
beneficiary, or enrollee for such items and services involved,
including a notification that the provision of such estimate
or consent to be treated under paragraph (3) does not
constitute a contract with respect to the charges estimated
for such items and services.

Records.

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Estimate.

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134 STAT. 2827

‘‘(C) In the case of a participating facility and a nonparticipating provider, a list of any participating providers
at the facility who are able to furnish such items and
services involved and notification that the participant,
beneficiary, or enrollee may be referred, at their option,
to such a participating provider.
‘‘(D) Information about whether prior authorization or
other care management limitations may be required in
advance of receiving such items or services at the facility.
‘‘(3) CONSENT DESCRIBED TO BE TREATED BY A NONPARTICIPATING PROVIDER OR NONPARTICIPATING FACILITY.—For purposes of paragraph (1)(B), the consent described in this paragraph, with respect to a participant, beneficiary, or enrollee
of a group health plan or group or individual health insurance
coverage offered by a health insurance issuer who is to be
furnished items or services by a nonparticipating provider or
nonparticipating facility, is a document specified by the Secretary, in consultation with the Secretary of Labor, through
guidance that shall be signed by the participant, beneficiary,
or enrollee before such items or services are furnished and
that —
‘‘(A) acknowledges (in clear and understandable language) that the participant, beneficiary, or enrollee has
been—
‘‘(i) provided with the written notice under paragraph (1)(A);
‘‘(ii) informed that the payment of such charge
by the participant, beneficiary, or enrollee may not
accrue toward meeting any limitation that the plan
or coverage places on cost-sharing, including an explanation that such payment may not apply to an innetwork deductible applied under the plan or coverage;
and
‘‘(iii) provided the opportunity to receive the written notice under paragraph (1)(A) in the form selected
by the participant, beneficiary or enrollee; and
‘‘(B) documents the date on which the participant, beneficiary, or enrollee received the written notice under paragraph (1)(A) and the date on which the individual signed
such consent to be furnished such items or services by
such provider or facility.
‘‘(4) RULE OF CONSTRUCTION.—The consent described in
paragraph (3), with respect to a participant, beneficiary, or
enrollee of a group health plan or group or individual health
insurance coverage offered by a health insurance issuer, shall
constitute only consent to the receipt of the information provided pursuant to this subsection and shall not constitute a
contractual agreement of the participant, beneficiary, or
enrollee to any estimated charge or amount included in such
information.
‘‘(e) RETENTION OF CERTAIN DOCUMENTS.—A nonparticipating
facility (with respect to such facility or any nonparticipating provider at such facility) or a participating facility (with respect to
nonparticipating providers at such facility) that obtains from a
participant, beneficiary, or enrollee of a group health plan or group
or individual health insurance coverage offered by a health insurance issuer (or an authorized representative of such participant,

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List.

Consultation.

Records.
Time period.

PUBL260B

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134 STAT. 2828

PUBLIC LAW 116–260—DEC. 27, 2020

beneficiary, or enrollee) a written notice in accordance with subsection (d)(1)(B), with respect to furnishing an item or service
to such participant, beneficiary, or enrollee, shall retain such notice
for at least a 7-year period after the date on which such item
or service is so furnished.
‘‘(f) DEFINITIONS.—In this section:
‘‘(1) The terms ‘nonparticipating provider’ and ‘participating
provider’ have the meanings given such terms, respectively,
in subsection (a)(3) of section 2799A–1.
‘‘(2) The term ‘participating health care facility’ has the
meaning given such term in subsection (b)(2) of section 2799A–
1.
‘‘(3) The term ‘nonparticipating facility’ means—
‘‘(A) with respect to emergency services (as defined
in section 2799A–1(a)(3)(C)(i)) and a group health plan
or group or individual health insurance coverage offered
by a health insurance issuer, an emergency department
of a hospital, or an independent freestanding emergency
department, that does not have a contractual relationship
with the plan or issuer, respectively, with respect to the
furnishing of such services under the plan or coverage,
respectively; and
‘‘(B) with respect to services described in section
2799A–1(a)(3)(C)(ii) and a group health plan or group or
individual health insurance coverage offered by a health
insurance issuer, a hospital or an independent freestanding
emergency department, that does not have a contractual
relationship with the plan or issuer, respectively, with
respect to the furnishing of such services under the plan
or coverage, respectively.
‘‘(4) The term ‘participating facility’ means—
‘‘(A) with respect to emergency services (as defined
in clause (i) of section 2799A–1(a)(3)(C)) that are not
described in clause(ii) of such section and a group health
plan or group or individual health insurance coverage
offered by a health insurance issuer, an emergency department of a hospital, or an independent freestanding emergency department, that has a direct or indirect contractual
relationship with the plan or issuer, respectively, with
respect to the furnishing of such services under the plan
or coverage, respectively; and
‘‘(B) with respect to services that pursuant to clause
(ii) of section 2799A–1(a)(3)(C), of section 9816(a)(3) of the
Internal Revenue Code of 1986, and of section 716(a)(3)
of the Employee Retirement Income Security Act of 1974,
as applicable are included as emergency services (as defined
in clause (i) of such section and a group health plan or
group or individual health insurance coverage offered by
a health insurance issuer, a hospital or an independent
freestanding emergency department, that has a contractual
relationship with the plan or coverage, respectively, with
respect to the furnishing of such services under the plan
or coverage, respectively.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2829

‘‘SEC. 2799B–3. PROVIDER REQUIREMENTS WITH RESPECT TO DISCLOSURE ON PATIENT PROTECTIONS AGAINST BALANCE
BILLING.

42 USC
300gg–133.

‘‘Beginning not later than January 1, 2022, each health care
provider and health care facility shall make publicly available,
and (if applicable) post on a public website of such provider or
facility and provide to individuals who are participants, beneficiaries, or enrollees of a group health plan or group or individual
health insurance coverage offered by a health insurance issuer
a one-page notice (either postal or electronic mail, as specified
by the participant, beneficiary, or enrollee) in clear and understandable language containing information on—
‘‘(1) the requirements and prohibitions of such provider
or facility under sections 2799B–1 and 2799B–2 (relating to
prohibitions on balance billing in certain circumstances);
‘‘(2) any other applicable State law requirements on such
provider or facility regarding the amounts such provider or
facility may, with respect to an item or service, charge a participant, beneficiary, or enrollee of a group health plan or group
or individual health insurance coverage offered by a health
insurance issuer with respect to which such provider or facility
does not have a contractual relationship for furnishing such
item or service under the plan or coverage, respectively, after
receiving payment from the plan or coverage, respectively, for
such item or service and any applicable cost-sharing payment
from such participant, beneficiary, or enrollee; and
‘‘(3) information on contacting appropriate State and Federal agencies in the case that an individual believes that such
provider or facility has violated any requirement described
in paragraph (1) or (2) with respect to such individual.

Deadline.
Public
information.
Web posting.
Notice.

‘‘SEC. 2799B–4. ENFORCEMENT.

42 USC
300gg–134.

‘‘(a) STATE ENFORCEMENT.—
‘‘(1) STATE AUTHORITY.—Each State may require a provider
or health care facility (including a provider of air ambulance
services) subject to the requirements of this part to satisfy
such requirements applicable to the provider or facility.
‘‘(2) FAILURE TO IMPLEMENT REQUIREMENTS.—In the case
of a determination by the Secretary that a State has failed
to substantially enforce the requirements to which paragraph
(1) applies with respect to applicable providers and facilities
in the State, the Secretary shall enforce such requirements
under subsection (b) insofar as they relate to violations of
such requirements occurring in such State.
‘‘(3) NOTIFICATION OF APPLICABLE SECRETARY.—A State may
notify the Secretary of Labor, Secretary of Health and Human
Services, or the Secretary of the Treasury, as applicable, of
instances of violations of sections 2799B–1, 2799B–2, or 2799B–
5 with respect to participants, beneficiaries, or enrollees under
a group health plan or group or individual health insurance
coverage, as applicable offered by a health insurance issuer
and any enforcement actions taken against providers or facilities as a result of such violations, including the disposition
of any such enforcement actions.
‘‘(b) SECRETARIAL ENFORCEMENT AUTHORITY.—
‘‘(1) IN GENERAL.—If a provider or facility is found by
the Secretary to be in violation of a requirement to which

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Requirements.

Determination.
Applicability.

Applicability.
Penalties.

PUBL260B

134 STAT. 2830

Applicability.

Regulations.
Deadline.

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Deadline.
Reimbursement.
Determination.

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PUBLIC LAW 116–260—DEC. 27, 2020

subsection (a)(1) applies, the Secretary may apply a civil monetary penalty with respect to such provider or facility (including,
as applicable, a provider of air ambulance services) in an
amount not to exceed $10,000 per violation. The provisions
of subsections (c) (with the exception of the first sentence of
paragraph (1) of such subsection), (d), (e), (g), (h), (k), and
(l) of section 1128A of the Social Security Act shall apply
to a civil monetary penalty or assessment under this subsection
in the same manner as such provisions apply to a penalty,
assessment, or proceeding under subsection (a) of such section.
‘‘(2) LIMITATION.—The provisions of paragraph (1) shall
apply to enforcement of a provision (or provisions) specified
in subsection (a)(1) only as provided under subsection (a)(2).
‘‘(3) COMPLAINT PROCESS.—The Secretary shall, through
rulemaking, establish a process to receive consumer complaints
of violations of such provisions and provide a response to such
complaints within 60 days of receipt of such complaints.
‘‘(4) EXCEPTION.—The Secretary shall waive the penalties
described under paragraph (1) with respect to a facility or
provider (including a provider of air ambulance services) who
does not knowingly violate, and should not have reasonably
known it violated, section 2799B–1 or 2799B–2 (or, in the
case of a provider of air ambulance services, section 2799B–
5) with respect to a participant, beneficiary, or enrollee, if
such facility or provider, within 30 days of the violation, withdraws the bill that was in violation of such provision and
reimburses the health plan or enrollee, as applicable, in an
amount equal to the difference between the amount billed and
the amount allowed to be billed under the provision, plus
interest, at an interest rate determined by the Secretary.
‘‘(5) HARDSHIP EXEMPTION.—The Secretary may establish
a hardship exemption to the penalties under this subsection.
‘‘(c) CONTINUED APPLICABILITY OF STATE LAW.—The sections
specified in subsection (a)(1) shall not be construed to supersede
any provision of State law which establishes, implements, or continues in effect any requirement or prohibition except to the extent
that such requirement or prohibition prevents the application of
a requirement or prohibition of such a section.’’.
(b) SECRETARY OF LABOR ENFORCEMENT.—
(1) IN GENERAL.—Part 5 of subtitle B of title I of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1131 et seq.) is amended by adding at the end the following
new section:

29 USC 1152.

‘‘SEC. 522. COORDINATION OF ENFORCEMENT REGARDING VIOLATIONS OF CERTAIN HEALTH CARE PROVIDER REQUIREMENTS; COMPLAINT PROCESS.

Notice.
Determination.

‘‘(a) INVESTIGATING VIOLATIONS.—Upon receiving a notice from
a State or the Secretary of Health and Human Services of violations
of sections 2799B–1, 2799B–2, or 2799B–5 of the Public Health
Service Act, the Secretary of Labor shall identify patterns of such
violations with respect to participants or beneficiaries under a group
health plan or group health insurance coverage offered by a health
insurance issuer and conduct an investigation pursuant to section
504 where appropriate, as determined by the Secretary. The Secretary shall coordinate with States and the Secretary of Health
and Human Services, in accordance with section 506 and with

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2831

section 104 of Health Insurance Portability and Accountability Act
of 1996, where appropriate, as determined by the Secretary, to
ensure that appropriate measures have been taken to correct such
violations retrospectively and prospectively with respect to participants or beneficiaries under a group health plan or group health
insurance coverage offered by a health insurance issuer.
‘‘(b) COMPLAINT PROCESS.— Not later than January 1, 2022,
the Secretary shall ensure a process under which the Secretary—
‘‘(1) may receive complaints from participants and beneficiaries of group health plans or group health insurance coverage offered by a health insurance issuer relating to alleged
violations of the sections specified in subsection (a); and
‘‘(2) transmits such complaints to States or the Secretary
of Health and Human Services (as determined appropriate
by the Secretary) for potential enforcement actions.’’.
(2) TECHNICAL AMENDMENT.—The table of contents in section 1 of the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1001 et seq.) is amended by inserting after
the item relating to section 521 the following new item:

Deadline.

‘‘Sec. 522. Coordination of enforcement regarding violations of certain health care
provider requirements; complaint process.’’.
SEC. 105. ENDING SURPRISE AIR AMBULANCE BILLS.

(a) GROUP HEALTH PLANS AND INDIVIDUAL AND GROUP HEALTH
INSURANCE COVERAGE.—
(1) PHSA AMENDMENTS.—Part D of title XXVII of the Public
Health Service Act, as added and amended by section 102
and further amended by the previous provisions of this title,
is further amended by inserting after section 2799A–1 the
following:

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‘‘SEC. 2799A–2. ENDING SURPRISE AIR AMBULANCE BILLS.

‘‘(a) IN GENERAL.—In the case of a participant, beneficiary,
or enrollee who is in a group health plan or group or individual
health insurance coverage offered by a health insurance issuer
and who receives air ambulance services from a nonparticipating
provider (as defined in section 2799A–1(a)(3)(G)) with respect to
such plan or coverage, if such services would be covered if provided
by a participating provider (as defined in such section) with respect
to such plan or coverage—
‘‘(1) the cost-sharing requirement with respect to such services shall be the same requirement that would apply if such
services were provided by such a participating provider, and
any coinsurance or deductible shall be based on rates that
would apply for such services if they were furnished by such
a participating provider;
‘‘(2) such cost-sharing amounts shall be counted towards
the in-network deductible and in-network out-of-pocket maximum amount under the plan or coverage for the plan year
(and such in-network deductible shall be applied) with respect
to such items and services so furnished in the same manner
as if such cost-sharing payments were with respect to items
and services furnished by a participating provider; and
‘‘(3) the group health plan or health insurance issuer,
respectively, shall—
‘‘(A) not later than 30 calendar days after the bill
for such services is transmitted by such provider, send

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42 USC
300gg–112.

Applicability.

Deadline.
Notice.

PUBL260B

134 STAT. 2832

BY

Time periods.
Effective dates.

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PUBLIC LAW 116–260—DEC. 27, 2020
to the provider, an initial payment or notice of denial
of payment; and
‘‘(B) pay a total plan or coverage payment, in accordance with, if applicable, subsection (b)(6), directly to such
provider furnishing such services to such participant, beneficiary, or enrollee that is, with application of any initial
payment under subparagraph (A), equal to the amount
by which the out-of-network rate (as defined in section
2799A–1(a)(3)(K)) for such services and year involved
exceeds the cost-sharing amount imposed under the plan
or coverage, respectively, for such services (as determined
in accordance with paragraphs (1) and (2)).
‘‘(b) DETERMINATION OF OUT-OF-NETWORK RATES TO BE PAID
HEALTH PLANS; INDEPENDENT DISPUTE RESOLUTION PROCESS.—
‘‘(1) DETERMINATION THROUGH OPEN NEGOTIATION.—
‘‘(A) IN GENERAL.—With respect to air ambulance services furnished in a year by a nonparticipating provider,
with respect to a group health plan or health insurance
issuer offering group or individual health insurance coverage, and for which a payment is required to be made
by the plan or coverage pursuant to subsection (a)(3), the
provider or plan or coverage may, during the 30-day period
beginning on the day the provider receives an initial payment or a notice of denial of payment from the plan or
coverage regarding a claim for payment for such service,
initiate open negotiations under this paragraph between
such provider and plan or coverage for purposes of determining, during the open negotiation period, an amount
agreed on by such provider, and such plan or coverage
for payment (including any cost-sharing) for such service.
For purposes of this subsection, the open negotiation period,
with respect to air ambulance services, is the 30-day period
beginning on the date of initiation of the negotiations with
respect to such services.
‘‘(B) ACCESSING INDEPENDENT DISPUTE RESOLUTION
PROCESS IN CASE OF FAILED NEGOTIATIONS.—In the case
of open negotiations pursuant to subparagraph (A), with
respect to air ambulance services, that do not result in
a determination of an amount of payment for such services
by the last day of the open negotiation period described
in such subparagraph with respect to such services, the
provider or group health plan or health insurance issuer
offering group or individual health insurance coverage that
was party to such negotiations may, during the 4-day period
beginning on the day after such open negotiation period,
initiate the independent dispute resolution process under
paragraph (2) with respect to such item or service. The
independent dispute resolution process shall be initiated
by a party pursuant to the previous sentence by submission
to the other party and to the Secretary of a notification
(containing such information as specified by the Secretary)
and for purposes of this subsection, the date of initiation
of such process shall be the date of such submission or
such other date specified by the Secretary pursuant to
regulations that is not later than the date of receipt of
such notification by both the other party and the Secretary.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2833

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‘‘(2) INDEPENDENT DISPUTE RESOLUTION PROCESS AVAILABLE
IN CASE OF FAILED OPEN NEGOTIATIONS.—
‘‘(A) ESTABLISHMENT.—Not later than 1 year after the
date of the enactment of this subsection, the Secretary,
jointly with the Secretary of Labor and the Secretary of
the Treasury, shall establish by regulation one independent
dispute resolution process (referred to in this subsection
as the ‘IDR process’) under which, in the case of air ambulance services with respect to which a provider or group
health plan or health insurance issuer offering group or
individual health insurance coverage submits a notification
under paragraph (1)(B) (in this subsection referred to as
a ‘qualified IDR air ambulance services’), a certified IDR
entity under paragraph (4) determines, subject to subparagraph (B) and in accordance with the succeeding provisions
of this subsection, the amount of payment under the plan
or coverage for such services furnished by such provider.
‘‘(B) AUTHORITY TO CONTINUE NEGOTIATIONS.—Under
the independent dispute resolution process, in the case
that the parties to a determination for qualified IDR air
ambulance services agree on a payment amount for such
services during such process but before the date on which
the entity selected with respect to such determination
under paragraph (4) makes such determination under paragraph (5), such amount shall be treated for purposes of
section 2799A–1(a)(3)(K)(ii) as the amount agreed to by
such parties for such services. In the case of an agreement
described in the previous sentence, the independent dispute
resolution process shall provide for a method to determine
how to allocate between the parties to such determination
the payment of the compensation of the entity selected
with respect to such determination.
‘‘(C) CLARIFICATION.—A nonparticipating provider may
not, with respect to an item or service furnished by such
provider, submit a notification under paragraph (1)(B) if
such provider is exempt from the requirement under subsection (a) of section 2799B–2 with respect to such item
or service pursuant to subsection (b) of such section.
‘‘(3) TREATMENT OF BATCHING OF SERVICES.—The provisions
of section 2799A–1(c)(3) shall apply with respect to a notification submitted under this subsection with respect to air ambulance services in the same manner and to the same extent
such provisions apply with respect to a notification submitted
under section 2799A–1(c) with respect to items and services
described in such section.
‘‘(4) IDR ENTITIES.—
‘‘(A) ELIGIBILITY.—An IDR entity certified under this
subsection is an IDR entity certified under section 2799A–
1(c)(4).
‘‘(B) SELECTION OF CERTIFIED IDR ENTITY.—The provisions of subparagraph (F) of section 2799A–1(c)(4) shall
apply with respect to selecting an IDR entity certified
pursuant to subparagraph (A) with respect to the determination of the amount of payment under this subsection
of air ambulance services in the same manner as such
provisions apply with respect to selecting an IDR entity

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Deadline.
Regulations.

Determination.

Applicability.

Applicability.

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134 STAT. 2834

certified under such section with respect to the determination of the amount of payment under section 2799A–1(c)
of an item or service. An entity selected pursuant to the
previous sentence to make a determination described in
such sentence shall be referred to in this subsection as
the ‘certified IDR entity’ with respect to such determination.
‘‘(5) PAYMENT DETERMINATION.—
‘‘(A) IN GENERAL.—Not later than 30 days after the
date of selection of the certified IDR entity with respect
to a determination for qualified IDR ambulance services,
the certified IDR entity shall—
‘‘(i) taking into account the considerations specified
in subparagraph (C), select one of the offers submitted
under subparagraph (B) to be the amount of payment
for such services determined under this subsection for
purposes of subsection (a)(3); and
‘‘(ii) notify the provider or facility and the group
health plan or health insurance issuer offering group
or individual health insurance coverage party to such
determination of the offer selected under clause (i).
‘‘(B) SUBMISSION OF OFFERS.—Not later than 10 days
after the date of selection of the certified IDR entity with
respect to a determination for qualified IDR air ambulance
services, the provider and the group health plan or health
insurance issuer offering group or individual health insurance coverage party to such determination—
‘‘(i) shall each submit to the certified IDR entity
with respect to such determination—
‘‘(I) an offer for a payment amount for such
services furnished by such provider; and
‘‘(II) such information as requested by the certified IDR entity relating to such offer; and
‘‘(ii) may each submit to the certified IDR entity
with respect to such determination any information
relating to such offer submitted by either party,
including information relating to any circumstance
described in subparagraph (C)(ii).
‘‘(C) CONSIDERATIONS IN DETERMINATION.—
‘‘(i) IN GENERAL.—In determining which offer is
the payment to be applied pursuant to this paragraph,
the certified IDR entity, with respect to the determination for a qualified IDR air ambulance service shall
consider—
‘‘(I) the qualifying payment amounts (as
defined in section 2799A–1(a)(3)(E)) for the
applicable year for items or services that are comparable to the qualified IDR air ambulance service
and that are furnished in the same geographic
region (as defined by the Secretary for purposes
of such subsection) as such qualified IDR air ambulance service; and
‘‘(II) subject to clause (iii), information on any
circumstance described in clause (ii), such information as requested in subparagraph (B)(i)(II), and
any additional information provided in subparagraph (B)(ii).

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134 STAT. 2835

‘‘(ii) ADDITIONAL CIRCUMSTANCES.—For purposes of
clause (i)(II), the circumstances described in this clause
are, with respect to air ambulance services included
in the notification submitted under paragraph (1)(B)
of a nonparticipating provider, group health plan, or
health insurance issuer the following:
‘‘(I) The quality and outcomes measurements
of the provider that furnished such services.
‘‘(II) The acuity of the individual receiving
such services or the complexity of furnishing such
services to such individual.
‘‘(III) The training, experience, and quality of
the medical personnel that furnished such services.
‘‘(IV) Ambulance vehicle type, including the
clinical capability level of such vehicle.
‘‘(V) Population density of the pick up location
(such as urban, suburban, rural, or frontier).
‘‘(VI) Demonstrations of good faith efforts (or
lack of good faith efforts) made by the nonparticipating provider or nonparticipating facility or the
plan or issuer to enter into network agreements
and, if applicable, contracted rates between the
provider and the plan or issuer, as applicable,
during the previous 4 plan years.
‘‘(iii) PROHIBITION ON CONSIDERATION OF CERTAIN
FACTORS.—In determining which offer is the payment
amount to be applied with respect to qualified IDR
air ambulance services furnished by a provider, the
certified IDR entity with respect to such determination
shall not consider usual and customary charges, the
amount that would have been billed by such provider
with respect to such services had the provisions of
section 2799B–5 not applied, or the payment or
reimbursement rate for such services furnished by such
provider payable by a public payor, including under
the Medicare program under title XVIII of the Social
Security Act, under the Medicaid program under title
XIX of such Act, under the Children’s Health Insurance
Program under title XXI of such Act, under the
TRICARE program under chapter 55 of title 10, United
States Code, or under chapter 17 of title 38, United
States Code.
‘‘(D) EFFECTS OF DETERMINATION.—The provisions of
section 2799A–1(c)(5)(E)) shall apply with respect to a
determination of a certified IDR entity under subparagraph
(A), the notification submitted with respect to such determination, the services with respect to such notification,
and the parties to such notification in the same manner
as such provisions apply with respect to a determination
of a certified IDR entity under section 2799A–1(c)(5)(E),
the notification submitted with respect to such determination, the items and services with respect to such notification, and the parties to such notification.
‘‘(E) COSTS OF INDEPENDENT DISPUTE RESOLUTION
PROCESS.—The provisions of section 2799A–1(c)(5)(F) shall
apply to a notification made under this subsection, the
parties to such notification, and a determination under

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134 STAT. 2836

subparagraph (A) in the same manner and to the same
extent such provisions apply to a notification under section
2799A–1(c), the parties to such notification and a determination made under section 2799A–1(c)(5)(A).
‘‘(6) TIMING OF PAYMENT.—The total plan or coverage payment required pursuant to subsection (a)(3), with respect to
qualified IDR air ambulance services for which a determination
is made under paragraph (5)(A) or with respect to an air
ambulance service for which a payment amount is determined
under open negotiations under paragraph (1), shall be made
directly to the nonparticipating provider not later than 30 days
after the date on which such determination is made.
‘‘(7) PUBLICATION OF INFORMATION RELATING TO THE IDR
PROCESS.—
‘‘(A) IN GENERAL.—For each calendar quarter in 2022
and each calendar quarter in a subsequent year, the Secretary shall publish on the public website of the Department of Health and Human Services—
‘‘(i) the number of notifications submitted under
the IDR process during such calendar quarter;
‘‘(ii) the number of such notifications with respect
to which a final determination was made under paragraph (5)(A);
‘‘(iii) the information described in subparagraph
(B) with respect to each notification with respect to
which such a determination was so made.
‘‘(iv) the number of times the payment amount
determined (or agreed to) under this subsection exceeds
the qualifying payment amount;
‘‘(v) the amount of expenditures made by the Secretary during such calendar quarter to carry out the
IDR process;
‘‘(vi) the total amount of fees paid under paragraph
(8) during such calendar quarter; and
‘‘(vii) the total amount of compensation paid to
certified IDR entities under paragraph (5)(E)during
such calendar quarter.
‘‘(B) INFORMATION WITH RESPECT TO REQUESTS.—For
purposes of subparagraph (A), the information described
in this subparagraph is, with respect to a notification under
the IDR process of a nonparticipating provider, group
health plan, or health insurance issuer offering group or
individual health insurance coverage—
‘‘(i) a description of each air ambulance service
included in such notification;
‘‘(ii) the geography in which the services included
in such notification were provided;
‘‘(iii) the amount of the offer submitted under paragraph (2) by the group health plan or health insurance
issuer (as applicable) and by the nonparticipating provider expressed as a percentage of the qualifying payment amount;
‘‘(iv) whether the offer selected by the certified
IDR entity under paragraph (5) to be the payment
applied was the offer submitted by such plan or issuer
(as applicable) or by such provider and the amount

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Public
information.
Web posting.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2837

of such offer so selected expressed as a percentage
of the qualifying payment amount;
‘‘(v) ambulance vehicle type, including the clinical
capability level of such vehicle;
‘‘(vi) the identity of the group health plan or health
insurance issuer or air ambulance provider with
respect to such notification;
‘‘(vii) the length of time in making each determination;
‘‘(viii) the compensation paid to the certified IDR
entity with respect to the settlement or determination;
and
‘‘(ix) any other information specified by the Secretary.
‘‘(C) IDR ENTITY REQUIREMENTS.—For 2022 and each
subsequent year, an IDR entity, as a condition of certification as an IDR entity, shall submit to the Secretary
such information as the Secretary determines necessary
for the Secretary to carry out the provisions of this paragraph.
‘‘(D) CLARIFICATION.—The Secretary shall ensure the
public reporting under this paragraph does not contain
information that would disclose privileged or confidential
information of a group health plan or health insurance
issuer offering group or individual health insurance coverage or of a provider or facility.
‘‘(8) ADMINISTRATIVE FEE.—
‘‘(A) IN GENERAL.—Each party to a determination under
paragraph (5) to which an entity is selected under paragraph (4) in a year shall pay to the Secretary, at such
time and in such manner as specified by the Secretary,
a fee for participating in the IDR process with respect
to such determination in an amount described in subparagraph (B) for such year.
‘‘(B) AMOUNT OF FEE.—The amount described in this
subparagraph for a year is an amount established by the
Secretary in a manner such that the total amount of fees
paid under this paragraph for such year is estimated to
be equal to the amount of expenditures estimated to be
made by the Secretary for such year in carrying out the
IDR process.
‘‘(9) WAIVER AUTHORITY.—The Secretary may modify any
deadline or other timing requirement specified under this subsection (other than the establishment date for the IDR process
under paragraph (2)(A) and other than under paragraph (6))
in cases of extenuating circumstances, as specified by the Secretary, or to ensure that all claims that occur during a 90day period applied through paragraph (5)(D), but with respect
to which a notification is not permitted by reason of such
paragraph to be submitted under paragraph (1)(B) during such
period, are eligible for the IDR process.
‘‘(c) DEFINITIONS.—For purposes of this section:
‘‘(1) AIR AMBULANCE SERVICE.—The term ‘air ambulance
service’ means medical transport by helicopter or airplane for
patients.

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Time period.

PUBL260B

134 STAT. 2838

PUBLIC LAW 116–260—DEC. 27, 2020
‘‘(2) QUALIFYING PAYMENT AMOUNT.—The term ‘qualifying
payment amount’ has the meaning given such term in section
2799A–1(a)(3).
‘‘(3) NONPARTICIPATING PROVIDER.—The term ‘nonparticipating provider’ has the meaning given such term in section
2799A–1(a)(3).’’.
(2) ERISA AMENDMENT.—
(A) IN GENERAL.—Subpart B of part 7 of title I of
the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1185 et seq.), as amended by section 102(b) and
further amended by the previous provisions of this title,
is further amended by inserting after section 716 the following:

29 USC 1185f.

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‘‘SEC. 717. ENDING SURPRISE AIR AMBULANCE BILLS.

‘‘(a) IN GENERAL.—In the case of a participant or beneficiary
who is in a group health plan or group health insurance coverage
offered by a health insurance issuer and who receives air ambulance
services from a nonparticipating provider (as defined in section
716(a)(3)(G)) with respect to such plan or coverage, if such services
would be covered if provided by a participating provider (as defined
in such section) with respect to such plan or coverage—
‘‘(1) the cost-sharing requirement with respect to such services shall be the same requirement that would apply if such
services were provided by such a participating provider, and
any coinsurance or deductible shall be based on rates that
would apply for such services if they were furnished by such
a participating provider;
‘‘(2) such cost-sharing amounts shall be counted towards
the in-network deductible and in-network out-of-pocket maximum amount under the plan or coverage for the plan year
(and such in-network deductible shall be applied) with respect
to such items and services so furnished in the same manner
as if such cost-sharing payments were with respect to items
and services furnished by a participating provider; and
‘‘(3) the group health plan or health insurance issuer,
respectively, shall—
‘‘(A) not later than 30 calendar days after the bill
for such services is transmitted by such provider, send
to the provider, an initial payment or notice of denial
of payment; and
‘‘(B) pay a total plan or coverage payment, in accordance with, if applicable, subsection (b)(6), directly to such
provider furnishing such services to such participant, beneficiary, or enrollee that is, with application of any initial
payment under subparagraph (A), equal to the amount
by which the out-of-network rate (as defined in section
716(a)(3)(K)) for such services and year involved exceeds
the cost-sharing amount imposed under the plan or coverage, respectively, for such services (as determined in
accordance with paragraphs (1) and (2)).
‘‘(b) DETERMINATION OF OUT-OF-NETWORK RATES TO BE PAID
BY HEALTH PLANS; INDEPENDENT DISPUTE RESOLUTION PROCESS.—
‘‘(1) DETERMINATION THROUGH OPEN NEGOTIATION.—
‘‘(A) IN GENERAL.—With respect to air ambulance services furnished in a year by a nonparticipating provider,
with respect to a group health plan or health insurance

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2839

issuer offering group health insurance coverage, and for
which a payment is required to be made by the plan
or coverage pursuant to subsection (a)(3), the provider or
plan or coverage may, during the 30-day period beginning
on the day the provider receives a payment or a statement
of denial of payment from the plan or coverage regarding
a claim for payment for such service, initiate open negotiations under this paragraph between such provider and
plan or coverage for purposes of determining, during the
open negotiation period, an amount agreed on by such
provider, and such plan or coverage for payment (including
any cost-sharing) for such service. For purposes of this
subsection, the open negotiation period, with respect to
air ambulance services, is the 30-day period beginning
on the date of initiation of the negotiations with respect
to such services.
‘‘(B) ACCESSING INDEPENDENT DISPUTE RESOLUTION
PROCESS IN CASE OF FAILED NEGOTIATIONS.—In the case
of open negotiations pursuant to subparagraph (A), with
respect to air ambulance services, that do not result in
a determination of an amount of payment for such services
by the last day of the open negotiation period described
in such subparagraph with respect to such services, the
provider or group health plan or health insurance issuer
offering group health insurance coverage that was party
to such negotiations may, during the 4-day period beginning
on the day after such open negotiation period, initiate
the independent dispute resolution process under paragraph (2) with respect to such item or service. The independent dispute resolution process shall be initiated by
a party pursuant to the previous sentence by submission
to the other party and to the Secretary of a notification
(containing such information as specified by the Secretary)
and for purposes of this subsection, the date of initiation
of such process shall be the date of such submission or
such other date specified by the Secretary pursuant to
regulations that is not later than the date of receipt of
such notification by both the other party and the Secretary.
‘‘(2) INDEPENDENT DISPUTE RESOLUTION PROCESS AVAILABLE
IN CASE OF FAILED OPEN NEGOTIATIONS.—
‘‘(A) ESTABLISHMENT.—Not later than 1 year after the
date of the enactment of this subsection, the Secretary,
jointly with the Secretary of Health and Human Services
and the Secretary of the Treasury, shall establish by regulation one independent dispute resolution process (referred
to in this subsection as the ‘IDR process’) under which,
in the case of air ambulance services with respect to which
a provider or group health plan or health insurance issuer
offering group health insurance coverage submits a notification under paragraph (1)(B) (in this subsection referred
to as a ‘qualified IDR air ambulance services’), a certified
IDR entity under paragraph (4) determines, subject to
subparagraph (B) and in accordance with the succeeding
provisions of this subsection, the amount of payment under
the plan or coverage for such services furnished by such
provider.

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PUBL260B

134 STAT. 2840

‘‘(B) AUTHORITY TO CONTINUE NEGOTIATIONS.—Under
the independent dispute resolution process, in the case
that the parties to a determination for qualified IDR air
ambulance services agree on a payment amount for such
services during such process but before the date on which
the entity selected with respect to such determination
under paragraph (4) makes such determination under paragraph (5), such amount shall be treated for purposes of
section 716(a)(3)(K)(ii) as the amount agreed to by such
parties for such services. In the case of an agreement
described in the previous sentence, the independent dispute
resolution process shall provide for a method to determine
how to allocate between the parties to such determination
the payment of the compensation of the entity selected
with respect to such determination.
‘‘(C) CLARIFICATION.—A nonparticipating provider may
not, with respect to an item or service furnished by such
provider, submit a notification under paragraph (1)(B) if
such provider is exempt from the requirement under subsection (a) of section 2799B–2 of the Public Health Service
Act with respect to such item or service pursuant to subsection (b) of such section.
‘‘(3) TREATMENT OF BATCHING OF SERVICES.—The provisions
of section 716(c)(3) shall apply with respect to a notification
submitted under this subsection with respect to air ambulance
services in the same manner and to the same extent such
provisions apply with respect to a notification submitted under
section 716(c) with respect to items and services described
in such section.
‘‘(4) IDR ENTITIES.—
‘‘(A) ELIGIBILITY.—An IDR entity certified under this
subsection is an IDR entity certified under section 716(c)(4).
‘‘(B) SELECTION OF CERTIFIED IDR ENTITY.—The provisions of subparagraph (F) of section 716(c)(4) shall apply
with respect to selecting an IDR entity certified pursuant
to subparagraph (A) with respect to the determination of
the amount of payment under this subsection of air ambulance services in the same manner as such provisions apply
with respect to selecting an IDR entity certified under
such section with respect to the determination of the
amount of payment under section 716(c) of an item or
service. An entity selected pursuant to the previous sentence to make a determination described in such sentence
shall be referred to in this subsection as the ‘certified
IDR entity’ with respect to such determination.
‘‘(5) PAYMENT DETERMINATION.—
‘‘(A) IN GENERAL.—Not later than 30 days after the
date of selection of the certified IDR entity with respect
to a determination for qualified IDR ambulance services,
the certified IDR entity shall—
‘‘(i) taking into account the considerations specified
in subparagraph (C), select one of the offers submitted
under subparagraph (B) to be the amount of payment
for such services determined under this subsection for
purposes of subsection (a)(3); and
‘‘(ii) notify the provider or facility and the group
health plan or health insurance issuer offering group

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2841

health insurance coverage party to such determination
of the offer selected under clause (i).
‘‘(B) SUBMISSION OF OFFERS.—Not later than 10 days
after the date of selection of the certified IDR entity with
respect to a determination for qualified IDR air ambulance
services, the provider and the group health plan or health
insurance issuer offering group health insurance coverage
party to such determination—
‘‘(i) shall each submit to the certified IDR entity
with respect to such determination—
‘‘(I) an offer for a payment amount for such
services furnished by such provider; and
‘‘(II) such information as requested by the certified IDR entity relating to such offer; and
‘‘(ii) may each submit to the certified IDR entity
with respect to such determination any information
relating to such offer submitted by either party,
including information relating to any circumstance
described in subparagraph (C)(ii).
‘‘(C) CONSIDERATIONS IN DETERMINATION.—
‘‘(i) IN GENERAL.—In determining which offer is
the payment to be applied pursuant to this paragraph,
the certified IDR entity, with respect to the determination for a qualified IDR air ambulance service shall
consider—
‘‘(I) the qualifying payment amounts (as
defined in section 716(a)(3)(E)) for the applicable
year for items and services that are comparable
to the qualified IDR air ambulance service and
that are furnished in the same geographic region
(as defined by the Secretary for purposes of such
subsection) as such qualified IDR air ambulance
service; and
‘‘(II) subject to clause (iii), information on any
circumstance described in clause (ii), such information as requested in subparagraph (B)(i)(II), and
any additional information provided in subparagraph (B)(ii).
‘‘(ii) ADDITIONAL CIRCUMSTANCES.—For purposes of
clause (i)(II), the circumstances described in this clause
are, with respect to air ambulance services included
in the notification submitted under paragraph (1)(B)
of a nonparticipating provider, group health plan, or
health insurance issuer the following:
‘‘(I) The quality and outcomes measurements
of the provider that furnished such services.
‘‘(II) The acuity of the individual receiving
such services or the complexity of furnishing such
services to such individual.
‘‘(III) The training, experience, and quality of
the medical personnel that furnished such services.
‘‘(IV) Ambulance vehicle type, including the
clinical capability level of such vehicle.
‘‘(V) Population density of the pick up location
(such as urban, suburban, rural, or frontier).

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134 STAT. 2842

‘‘(VI) Demonstrations of good faith efforts (or
lack of good faith efforts) made by the nonparticipating provider or nonparticipating facility or the
plan or issuer to enter into network agreements
and, if applicable, contracted rates between the
provider and the plan or issuer, as applicable,
during the previous 4 plan years.
‘‘(iii) PROHIBITION ON CONSIDERATION OF CERTAIN
FACTORS.—In determining which offer is the payment
amount to be applied with respect to qualified IDR
air ambulance services furnished by a provider, the
certified IDR entity with respect to such determination
shall not consider usual and customary charges, the
amount that would have been billed by such provider
with respect to such services had the provisions of
section 2799B–5 of the Public Health Service Act not
applied, or the payment or reimbursement rate for
such services furnished by such provider payable by
a public payor, including under the Medicare program
under title XVIII of the Social Security Act, under
the Medicaid program under title XIX of such Act,
under the Children’s Health Insurance Program under
title XXI of such Act, under the TRICARE program
under chapter 55 of title 10, United States Code, or
under chapter 17 of title 38, United States Code.
‘‘(D) EFFECTS OF DETERMINATION.—The provisions of
section 716(c)(5)(E)) shall apply with respect to a determination of a certified IDR entity under subparagraph
(A), the notification submitted with respect to such determination, the services with respect to such notification,
and the parties to such notification in the same manner
as such provisions apply with respect to a determination
of a certified IDR entity under section 716(c)(5)(E), the
notification submitted with respect to such determination,
the items and services with respect to such notification,
and the parties to such notification.
‘‘(E) COSTS OF INDEPENDENT DISPUTE RESOLUTION
PROCESS.—The provisions of section 716(c)(5)(F) shall apply
to a notification made under this subsection, the parties
to such notification, and a determination under subparagraph (A) in the same manner and to the same extent
such provisions apply to a notification under section 716(c),
the parties to such notification and a determination made
under section 716(c)(5)(A).
‘‘(6) TIMING OF PAYMENT.—The total plan or coverage payment required pursuant to subsection (a)(3), with respect to
qualified IDR air ambulance services for which a determination
is made under paragraph (5)(A) or with respect to air ambulance services for which a payment amount is determined under
open negotiations under paragraph (1), shall be made directly
to the nonparticipating provider not later than 30 days after
the date on which such determination is made.
‘‘(7) PUBLICATION OF INFORMATION RELATING TO THE IDR
PROCESS.—

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2843

‘‘(A) IN GENERAL.—For each calendar quarter in 2022
and each calendar quarter in a subsequent year, the Secretary shall publish on the public website of the Department of Labor—
‘‘(i) the number of notifications submitted under
the IDR process during such calendar quarter;
‘‘(ii) the number of such notifications with respect
to which a final determination was made under paragraph (5)(A);
‘‘(iii) the information described in subparagraph
(B) with respect to each notification with respect to
which such a determination was so made.
‘‘(iv) the number of times the payment amount
determined (or agreed to) under this subsection exceeds
the qualifying payment amount;
‘‘(v) the amount of expenditures made by the Secretary during such calendar quarter to carry out the
IDR process;
‘‘(vi) the total amount of fees paid under paragraph
(8) during such calendar quarter; and
‘‘(vii) the total amount of compensation paid to
certified IDR entities under paragraph (5)(E)during
such calendar quarter.
‘‘(B) INFORMATION WITH RESPECT TO REQUESTS.—For
purposes of subparagraph (A), the information described
in this subparagraph is, with respect to a notification under
the IDR process of a nonparticipating provider, group
health plan, or health insurance issuer offering group
health insurance coverage—
‘‘(i) a description of each air ambulance service
included in such notification;
‘‘(ii) the geography in which the services included
in such notification were provided;
‘‘(iii) the amount of the offer submitted under paragraph (2) by the group health plan or health insurance
issuer (as applicable) and by the nonparticipating provider expressed as a percentage of the qualifying payment amount;
‘‘(iv) whether the offer selected by the certified
IDR entity under paragraph (5) to be the payment
applied was the offer submitted by such plan or issuer
(as applicable) or by such provider and the amount
of such offer so selected expressed as a percentage
of the qualifying payment amount;
‘‘(v) ambulance vehicle type, including the clinical
capability level of such vehicle;
‘‘(vi) the identity of the group health plan or health
insurance issuer or air ambulance provider with
respect to such notification;
‘‘(vii) the length of time in making each determination;
‘‘(viii) the compensation paid to the certified IDR
entity with respect to the settlement or determination;
and
‘‘(ix) any other information specified by the Secretary.

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134 STAT. 2844

‘‘(C) IDR ENTITY REQUIREMENTS.—For 2022 and each
subsequent year, an IDR entity, as a condition of certification as an IDR entity, shall submit to the Secretary
such information as the Secretary determines necessary
for the Secretary to carry out the provisions of this paragraph.
‘‘(D) CLARIFICATION.—The Secretary shall ensure the
public reporting under this paragraph does not contain
information that would disclose privileged or confidential
information of a group health plan or health insurance
issuer offering group or individual health insurance coverage or of a provider or facility.
‘‘(8) ADMINISTRATIVE FEE.—
‘‘(A) IN GENERAL.—Each party to a determination under
paragraph (5) to which an entity is selected under paragraph (4) in a year shall pay to the Secretary, at such
time and in such manner as specified by the Secretary,
a fee for participating in the IDR process with respect
to such determination in an amount described in subparagraph (B) for such year.
‘‘(B) AMOUNT OF FEE.—The amount described in this
subparagraph for a year is an amount established by the
Secretary in a manner such that the total amount of fees
paid under this paragraph for such year is estimated to
be equal to the amount of expenditures estimated to be
made by the Secretary for such year in carrying out the
IDR process.
‘‘(9) WAIVER AUTHORITY.—The Secretary may modify any
deadline or other timing requirement specified under this subsection (other than the establishment date for the IDR process
under paragraph (2)(A) and other than under paragraph (6))
in cases of extenuating circumstances, as specified by the Secretary, or to ensure that all claims that occur during a 90day period applied through paragraph (5)(D), but with respect
to which a notification is not permitted by reason of such
paragraph to be submitted under paragraph (1)(B) during such
period, are eligible for the IDR process.
‘‘(c) DEFINITION.—For purposes of this section:
‘‘(1) AIR AMBULANCE SERVICES.—The term ‘air ambulance
service’ means medical transport by helicopter or airplane for
patients.
‘‘(2) QUALIFYING PAYMENT AMOUNT.—The term ‘qualifying
payment amount’ has the meaning given such term in section
716(a)(3).
‘‘(3) NONPARTICIPATING PROVIDER.—The term ‘nonparticipating provider’ has the meaning given such term in section
716(a)(3).’’.
(3) IRC AMENDMENTS.—
(A) IN GENERAL.—Subchapter B of chapter 100 of the
Internal Revenue Code of 1986, as amended by section
102(c) and further amended by the previous provisions
of this title, is further amended by inserting after section
9816 the following:

Time periods.
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26 USC 9817.

PUBLIC LAW 116–260—DEC. 27, 2020

‘‘SEC. 9817. ENDING SURPRISE AIR AMBULANCE BILLS.

‘‘(a) IN GENERAL.—In the case of a participant or beneficiary
in a group health plan who receives air ambulance services from

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2845

a nonparticipating provider (as defined in section 9816(a)(3)(G))
with respect to such plan, if such services would be covered if
provided by a participating provider (as defined in such section)
with respect to such plan—
‘‘(1) the cost-sharing requirement with respect to such services shall be the same requirement that would apply if such
services were provided by such a participating provider, and
any coinsurance or deductible shall be based on rates that
would apply for such services if they were furnished by such
a participating provider;
‘‘(2) such cost-sharing amounts shall be counted towards
the in-network deductible and in-network out-of-pocket maximum amount under the plan for the plan year (and such
in-network deductible shall be applied) with respect to such
items and services so furnished in the same manner as if
such cost-sharing payments were with respect to items and
services furnished by a participating provider; and
‘‘(3) the group health plan shall—
‘‘(A) not later than 30 calendar days after the bill
for such services is transmitted by such provider, send
to the provider, an initial payment or notice of denial
of payment; and
‘‘(B) pay a total plan payment, in accordance with,
if applicable, subsection (b)(6), directly to such provider
furnishing such services to such participant, beneficiary,
or enrollee that is, with application of any initial payment
under subparagraph (A), equal to the amount by which
the out-of-network rate (as defined in section 9816(a)(3)(K))
for such services and year involved exceeds the cost-sharing
amount imposed under the plan for such services (as determined in accordance with paragraphs (1) and (2)).
‘‘(b) DETERMINATION OF OUT-OF-NETWORK RATES TO BE PAID
BY HEALTH PLANS; INDEPENDENT DISPUTE RESOLUTION PROCESS.—
‘‘(1) DETERMINATION THROUGH OPEN NEGOTIATION.—
‘‘(A) IN GENERAL.—With respect to air ambulance services furnished in a year by a nonparticipating provider,
with respect to a group health plan, and for which a payment is required to be made by the plan pursuant to
subsection (a)(3), the provider or plan may, during the
30-day period beginning on the day the provider receives
a payment or a statement of denial of payment from the
plan regarding a claim for payment for such service, initiate
open negotiations under this paragraph between such provider and plan for purposes of determining, during the
open negotiation period, an amount agreed on by such
provider, and such plan for payment (including any costsharing) for such service. For purposes of this subsection,
the open negotiation period, with respect to air ambulance
services, is the 30-day period beginning on the date of
initiation of the negotiations with respect to such services.
‘‘(B) ACCESSING INDEPENDENT DISPUTE RESOLUTION
PROCESS IN CASE OF FAILED NEGOTIATIONS.—In the case
of open negotiations pursuant to subparagraph (A), with
respect to air ambulance services, that do not result in
a determination of an amount of payment for such services
by the last day of the open negotiation period described
in such subparagraph with respect to such services, the

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134 STAT. 2846

provider or group health plan that was party to such negotiations may, during the 4-day period beginning on the
day after such open negotiation period, initiate the independent dispute resolution process under paragraph (2)
with respect to such services. The independent dispute
resolution process shall be initiated by a party pursuant
to the previous sentence by submission to the other party
and to the Secretary of a notification (containing such
information as specified by the Secretary) and for purposes
of this subsection, the date of initiation of such process
shall be the date of such submission or such other date
specified by the Secretary pursuant to regulations that
is not later than the date of receipt of such notification
by both the other party and the Secretary.
‘‘(2) INDEPENDENT DISPUTE RESOLUTION PROCESS AVAILABLE
IN CASE OF FAILED OPEN NEGOTIATIONS.—
‘‘(A) ESTABLISHMENT.—Not later than 1 year after the
date of the enactment of this subsection, the Secretary,
jointly with the Secretary of Health and Human Services
and the Secretary of Labor, shall establish by regulation
one independent dispute resolution process (referred to in
this subsection as the ‘IDR process’) under which, in the
case of air ambulance services with respect to which a
provider or group health plan submits a notification under
paragraph (1)(B) (in this subsection referred to as a ‘qualified IDR air ambulance services’), a certified IDR entity
under paragraph (4) determines, subject to subparagraph
(B) and in accordance with the succeeding provisions of
this subsection, the amount of payment under the plan
for such services furnished by such provider.
‘‘(B) AUTHORITY TO CONTINUE NEGOTIATIONS.—Under
the independent dispute resolution process, in the case
that the parties to a determination for qualified IDR air
ambulance services agree on a payment amount for such
services during such process but before the date on which
the entity selected with respect to such determination
under paragraph (4) makes such determination under paragraph (5), such amount shall be treated for purposes of
section 9816(a)(3)(K)(ii) as the amount agreed to by such
parties for such services. In the case of an agreement
described in the previous sentence, the independent dispute
resolution process shall provide for a method to determine
how to allocate between the parties to such determination
the payment of the compensation of the entity selected
with respect to such determination.
‘‘(C) CLARIFICATION.—A nonparticipating provider may
not, with respect to an item or service furnished by such
provider, submit a notification under paragraph (1)(B) if
such provider is exempt from the requirement under subsection (a) of section 2799B–2 of the Public Health Service
Act with respect to such item or service pursuant to subsection (b) of such section.
‘‘(3) TREATMENT OF BATCHING OF SERVICES.—The provisions
of section 9816(c)(3) shall apply with respect to a notification
submitted under this subsection with respect to air ambulance
services in the same manner and to the same extent such
provisions apply with respect to a notification submitted under

Notification.

Deadline.
Regulations.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2847

section 9816(c) with respect to items and services described
in such section.
‘‘(4) IDR ENTITIES.—
‘‘(A) ELIGIBILITY.—An IDR entity certified under this
subsection is an IDR entity certified under section
9816(c)(4).
‘‘(B) SELECTION OF CERTIFIED IDR ENTITY.—The provisions of subparagraph (F) of section 9816(c)(4) shall apply
with respect to selecting an IDR entity certified pursuant
to subparagraph (A) with respect to the determination of
the amount of payment under this subsection of air ambulance services in the same manner as such provisions apply
with respect to selecting an IDR entity certified under
such section with respect to the determination of the
amount of payment under section 9816(c) of an item or
service. An entity selected pursuant to the previous sentence to make a determination described in such sentence
shall be referred to in this subsection as the ‘certified
IDR entity’ with respect to such determination.
‘‘(5) PAYMENT DETERMINATION.—
‘‘(A) IN GENERAL.—Not later than 30 days after the
date of selection of the certified IDR entity with respect
to a determination for qualified IDR ambulance services,
the certified IDR entity shall—
‘‘(i) taking into account the considerations specified
in subparagraph (C), select one of the offers submitted
under subparagraph (B) to be the amount of payment
for such services determined under this subsection for
purposes of subsection (a)(3); and
‘‘(ii) notify the provider or facility and the group
health plan party to such determination of the offer
selected under clause (i).
‘‘(B) SUBMISSION OF OFFERS.—Not later than 10 days
after the date of selection of the certified IDR entity with
respect to a determination for qualified IDR air ambulance
services, the provider and the group health plan party
to such determination—
‘‘(i) shall each submit to the certified IDR entity
with respect to such determination—
‘‘(I) an offer for a payment amount for such
services furnished by such provider; and
‘‘(II) such information as requested by the certified IDR entity relating to such offer; and
‘‘(ii) may each submit to the certified IDR entity
with respect to such determination any information
relating to such offer submitted by either party,
including information relating to any circumstance
described in subparagraph (C)(ii).
‘‘(C) CONSIDERATIONS IN DETERMINATION.—
‘‘(i) IN GENERAL.—In determining which offer is
the payment to be applied pursuant to this paragraph,
the certified IDR entity, with respect to the determination for a qualified IDR air ambulance service shall
consider—
‘‘(I) the qualifying payment amounts (as
defined in section 9816(a)(3)(E)) for the applicable
year for items or services that are comparable

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134 STAT. 2848

to the qualified IDR air ambulance service and
that are furnished in the same geographic region
(as defined by the Secretary for purposes of such
subsection) as such qualified IDR air ambulance
service; and
‘‘(II) subject to clause (iii), information on any
circumstance described in clause (ii), such information as requested in subparagraph (B)(i)(II), and
any additional information provided in subparagraph (B)(ii).
‘‘(ii) ADDITIONAL CIRCUMSTANCES.—For purposes of
clause (i)(II), the circumstances described in this clause
are, with respect to air ambulance services included
in the notification submitted under paragraph (1)(B)
of a nonparticipating provider, or group health plan
the following:
‘‘(I) The quality and outcomes measurements
of the provider that furnished such services.
‘‘(II) The acuity of the individual receiving
such services or the complexity of furnishing such
services to such individual.
‘‘(III) The training, experience, and quality of
the medical personnel that furnished such services.
‘‘(IV) Ambulance vehicle type, including the
clinical capability level of such vehicle.
‘‘(V) Population density of the pick up location
(such as urban, suburban, rural, or frontier).
‘‘(VI) Demonstrations of good faith efforts (or
lack of good faith efforts) made by the nonparticipating provider or nonparticipating facility or the
plan to enter into network agreements and, if
applicable, contracted rates between the provider
and the plan during the previous 4 plan years.
‘‘(iii) PROHIBITION ON CONSIDERATION OF CERTAIN
FACTORS.—In determining which offer is the payment
amount to be applied with respect to qualified IDR
air ambulance services furnished by a provider, the
certified IDR entity with respect to such determination
shall not consider usual and customary charges, the
amount that would have been billed by such provider
with respect to such services had the provisions of
section 2799B–5 of the Public Health Service Act not
applied, or the payment or reimbursement rate for
such services furnished by such provider payable by
a public payor, including under the Medicare program
under title XVIII of the Social Security Act, under
the Medicaid program under title XIX of such Act,
under the Children’s Health Insurance Program under
title XXI of such Act, under the TRICARE program
under chapter 55 of title 10, United States Code, or
under chapter 17 of title 38, United States Code.
‘‘(D) EFFECTS OF DETERMINATION.—The provisions of
section 9816(c)(5)(E)) shall apply with respect to a determination of a certified IDR entity under subparagraph
(A), the notification submitted with respect to such determination, the services with respect to such notification,
and the parties to such notification in the same manner

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2849

as such provisions apply with respect to a determination
of a certified IDR entity under section 9816(c)(5)(E), the
notification submitted with respect to such determination,
the items and services with respect to such notification,
and the parties to such notification.
‘‘(E) COSTS OF INDEPENDENT DISPUTE RESOLUTION
PROCESS.—The provisions of section 9816(c)(5)(F) shall
apply to a notification made under this subsection, the
parties to such notification, and a determination under
subparagraph (A) in the same manner and to the same
extent such provisions apply to a notification under section
9816(c), the parties to such notification and a determination
made under section 9816(c)(5)(A).
‘‘(6) TIMING OF PAYMENT.—The total plan payment required
pursuant to subsection (a)(3), with respect to qualified IDR
air ambulance services for which a determination is made under
paragraph (5)(A) or with respect to air ambulance services
for which a payment amount is determined under open negotiations under paragraph (1), shall be made directly to the nonparticipating provider not later than 30 days after the date
on which such determination is made.
‘‘(7) PUBLICATION OF INFORMATION RELATING TO THE IDR
PROCESS.—
‘‘(A) IN GENERAL.—For each calendar quarter in 2022
and each calendar quarter in a subsequent year, the Secretary shall publish on the public website of the Department of the Treasury—
‘‘(i) the number of notifications submitted under
the IDR process during such calendar quarter;
‘‘(ii) the number of such notifications with respect
to which a final determination was made under paragraph (5)(A);
‘‘(iii) the information described in subparagraph
(B) with respect to each notification with respect to
which such a determination was so made.
‘‘(iv) the number of times the payment amount
determined (or agreed to) under this subsection exceeds
the qualifying payment amount;
‘‘(v) the amount of expenditures made by the Secretary during such calendar quarter to carry out the
IDR process;
‘‘(vi) the total amount of fees paid under paragraph
(8) during such calendar quarter; and
‘‘(vii) the total amount of compensation paid to
certified IDR entities under paragraph (5)(E)during
such calendar quarter.
‘‘(B) INFORMATION WITH RESPECT TO REQUESTS.—For
purposes of subparagraph (A), the information described
in this subparagraph is, with respect to a notification under
the IDR process of a nonparticipating provider, or group
health plan—
‘‘(i) a description of each air ambulance service
included in such notification;
‘‘(ii) the geography in which the services included
in such notification were provided;

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134 STAT. 2850

‘‘(iii) the amount of the offer submitted under paragraph (2) by the group health plan and by the nonparticipating provider expressed as a percentage of
the qualifying payment amount;
‘‘(iv) whether the offer selected by the certified
IDR entity under paragraph (5) to be the payment
applied was the offer submitted by such plan or issuer
(as applicable) or by such provider and the amount
of such offer so selected expressed as a percentage
of the qualifying payment amount;
‘‘(v) ambulance vehicle type, including the clinical
capability level of such vehicle;
‘‘(vi) the identity of the group health plan or health
insurance issuer or air ambulance provider with
respect to such notification;
‘‘(vii) the length of time in making each determination;
‘‘(viii) the compensation paid to the certified IDR
entity with respect to the settlement or determination;
and
‘‘(ix) any other information specified by the Secretary.
‘‘(C) IDR ENTITY REQUIREMENTS.—For 2022 and each
subsequent year, an IDR entity, as a condition of certification as an IDR entity, shall submit to the Secretary
such information as the Secretary determines necessary
for the Secretary to carry out the provisions of this paragraph.
‘‘(D) CLARIFICATION.—The Secretary shall ensure the
public reporting under this paragraph does not contain
information that would disclose privileged or confidential
information of a group health plan or health insurance
issuer offering group or individual health insurance coverage or of a provider or facility.
‘‘(8) ADMINISTRATIVE FEE.—
‘‘(A) IN GENERAL.—Each party to a determination under
paragraph (5) to which an entity is selected under paragraph (4) in a year shall pay to the Secretary, at such
time and in such manner as specified by the Secretary,
a fee for participating in the IDR process with respect
to such determination in an amount described in subparagraph (B) for such year.
‘‘(B) AMOUNT OF FEE.—The amount described in this
subparagraph for a year is an amount established by the
Secretary in a manner such that the total amount of fees
paid under this paragraph for such year is estimated to
be equal to the amount of expenditures estimated to be
made by the Secretary for such year in carrying out the
IDR process.
‘‘(9) WAIVER AUTHORITY.—The Secretary may modify any
deadline or other timing requirement specified under this subsection (other than the establishment date for the IDR process
under paragraph (2)(A) and other than under paragraph (6))
in cases of extenuating circumstances, as specified by the Secretary, or to ensure that all claims that occur during a 90day period applied through paragraph (5)(D), but with respect
to which a notification is not permitted by reason of such

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2851

paragraph to be submitted under paragraph (1)(B) during such
period, are eligible for the IDR process.
‘‘(c) DEFINITIONS.—For purposes of this section:
‘‘(1) AIR AMBULANCE SERVICES.—The term ‘air ambulance
service’ means medical transport by helicopter or airplane for
patients.
‘‘(2) QUALIFYING PAYMENT AMOUNT.—The term ‘qualifying
payment amount’ has the meaning given such term in section
9816(a)(3).
‘‘(3) NONPARTICIPTING PROVIDER.—The term ‘nonparticipating provider’ has the meaning given such term in section
9816(a)(3).’’.
(B) CLERICAL AMENDMENT.—The table of sections for
subchapter B of chapter 100 of the Internal Revenue Code
of 1986, as amended by section 102(c)(3), is further
amended by inserting after the item relating to section
9816 the following new item:

26 USC 9811
prec.

‘‘Sec. 9817. Ending surprise air ambulance bills.’’.

(4) EFFECTIVE DATE.—The amendments made by this subsection shall apply with respect to plan years beginning on
or after January 1, 2022.
(b) AIR AMBULANCE PROVIDER BALANCE BILLING.—Part E of
title XXVII of the Public Health Service Act, as added and amended
by section 104, is further amended by adding at the end the following new section:

26 USC 9817
note.

‘‘SEC. 2799B–5. AIR AMBULANCE SERVICES.

42 USC
300gg–135.
Effective date.

‘‘In the case of a participant, beneficiary, or enrollee with benefits under a group health plan or group or individual health insurance coverage offered by a health insurance issuer and who is
furnished in a plan year beginning on or after January 1, 2022,
air ambulance services (for which benefits are available under such
plan or coverage) from a nonparticipating provider (as defined in
section 2799A–1(a)(3)(G)) with respect to such plan or coverage,
such provider shall not bill, and shall not hold liable, such participant, beneficiary, or enrollee for a payment amount for such service
furnished by such provider that is more than the cost-sharing
amount for such service (as determined in accordance with paragraphs (1) and (2) of section 2799A–2(a), section 717(a) of the
Employee Retirement Income Security Act of 1974, or section
9817(a) of the Internal Revenue Code of 1986, as applicable).’’.
SEC. 106. REPORTING REQUIREMENTS REGARDING AIR AMBULANCE
SERVICES.

(a) REPORTING REQUIREMENTS FOR PROVIDERS OF AIR AMBUSERVICES.—
(1) IN GENERAL.—A provider of air ambulance services shall
submit to the Secretary of Health and Human Services and
the Secretary of Transportation—
(A) not later than the date that is 90 days after the
last day of the first calendar year beginning on or after
the date on which a final rule is promulgated pursuant
to the rulemaking described in subsection (d), the information described in paragraph (2) with respect to such plan
year; and

42 USC
300gg–118 note.

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Determination.
Consultation.

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PUBLIC LAW 116–260—DEC. 27, 2020

(B) not later than the date that is 90 days after the
last day of the plan year immediately succeeding the plan
year described in subparagraph (A), such information with
respect to such immediately succeeding plan year.
(2) INFORMATION DESCRIBED.—For purposes of paragraph
(1), information described in this paragraph, with respect to
a provider of air ambulance services, is each of the following:
(A) Cost data, as determined appropriate by the Secretary of Health and Human Services, in consultation with
the Secretary of Transportation, for air ambulance services
furnished by such provider, separated to the maximum
extent possible by air transportation costs associated with
furnishing such air ambulance services and costs of medical
services and supplies associated with furnishing such air
ambulance services.
(B) The number and location of all air ambulance bases
operated by such provider.
(C) The number and type of aircraft operated by such
provider.
(D) The number of air ambulance transports,
disaggregated by payor mix, including—
(i)(I) group health plans;
(II) health insurance issuers; and
(III) State and Federal Government payors; and
(ii) uninsured individuals.
(E) The number of claims of such provider that have
been denied payment by a group health plan or health
insurance issuer and the reasons for any such denials.
(F) The number of emergency and nonemergency air
ambulance transports, disaggregated by air ambulance base
and type of aircraft.
(G) Such other information regarding air ambulance
services as the Secretary of Health and Human Services
may specify.
(b) REPORTING REQUIREMENTS FOR GROUP HEALTH PLANS AND
HEALTH INSURANCE ISSUERS.—
(1) PHSA.—Part D of title XXVII of the Public Health
Service Act, as added by section 102(a)(1), is amended by adding
after section 2799A–7, as added by section 102(a)(2)(A) of this
Act, the following new section:
‘‘SEC. 2799A–8. AIR AMBULANCE REPORT REQUIREMENTS.

‘‘(a) IN GENERAL.—Each group health plan and health insurance
issuer offering group or individual health insurance coverage shall
submit to the Secretary, jointly with the Secretary of Labor and
the Secretary of the Treasury—
‘‘(1) not later than the date that is 90 days after the
last day of the first calendar year beginning on or after the
date on which a final rule is promulgated pursuant to the
rulemaking described in section 106(d) of the No Surprises
Act, the information described in subsection (b) with respect
to such plan year; and
‘‘(2) not later than the date that is 90 days after the
last day of the calendar year immediately succeeding the plan
year described in paragraph (1), such information with respect
to such immediately succeeding plan year.

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‘‘(b) INFORMATION DESCRIBED.—For purposes of subsection (a),
information described in this subsection, with respect to a group
health plan or a health insurance issuer offering group or individual
health insurance coverage, is each of the following:
‘‘(1) Claims data for air ambulance services furnished by
providers of such services, disaggregated by each of the following factors:
‘‘(A) Whether such services were furnished on an emergent or nonemergent basis.
‘‘(B) Whether the provider of such services is part
of a hospital-owned or sponsored program, municipalitysponsored program, hospital independent partnership
(hybrid) program, independent program, or tribally operated program in Alaska.
‘‘(C) Whether the transport in which the services were
furnished originated in a rural or urban area.
‘‘(D) The type of aircraft (such as rotor transport or
fixed wing transport) used to furnish such services.
‘‘(E) Whether the provider of such services has a contract with the plan or issuer, as applicable, to furnish
such services under the plan or coverage, respectively.
‘‘(2) Such other information regarding providers of air
ambulance services as the Secretary may specify.’’.
(2) ERISA.—
(A) IN GENERAL.—Subpart B of part 7 of title I of
the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1185 et seq.) is amended by adding after section
722, as added by section 102(b)(2)(A) of this Act, the following new section:

VerDate Sep 11 2014

‘‘SEC. 723. AIR AMBULANCE REPORT REQUIREMENTS.

29 USC 11851.

‘‘(a) IN GENERAL.—Each group health plan and health insurance
issuer offering group health insurance coverage shall submit to
the Secretary, jointly with the Secretary of Health and Human
Services and the Secretary of the Treasury—
‘‘(1) not later than the date that is 90 days after the
last day of the first calendar year beginning on or after the
date on which a final rule is promulgated pursuant to the
rulemaking described in section 106(d) of the No Surprises
Act, the information described in subsection (b) with respect
to such plan year; and
‘‘(2) not later than the date that is 90 days after the
last day of the plan year immediately succeeding the calendar
year described in paragraph (1), such information with respect
to such immediately succeeding plan year.
‘‘(b) INFORMATION DESCRIBED.—For purposes of subsection (a),
information described in this subsection, with respect to a group
health plan or a health insurance issuer offering group health
insurance coverage, is each of the following:
‘‘(1) Claims data for air ambulance services furnished by
providers of such services, disaggregated by each of the following factors:
‘‘(A) Whether such services were furnished on an emergent or nonemergent basis.
‘‘(B) Whether the provider of such services is part
of a hospital-owned or sponsored program, municipalitysponsored program, hospital independent partnership

Deadlines.

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134 STAT. 2854

PUBLIC LAW 116–260—DEC. 27, 2020
(hybrid) program, independent program, or tribally operated program in Alaska.
‘‘(C) Whether the transport in which the services were
furnished originated in a rural or urban area.
‘‘(D) The type of aircraft (such as rotor transport or
fixed wing transport) used to furnish such services.
‘‘(E) Whether the provider of such services has a contract with the plan or issuer, as applicable, to furnish
such services under the plan or coverage, respectively.
‘‘(2) Such other information regarding providers of air
ambulance services as the Secretary may specify.’’.
(B) CLERICAL AMENDMENT.—The table of contents of
the Employee Retirement Income Security Act of 1974 is
amended by adding after the item relating to section 722,
as added by section 102(b) the following:

‘‘Sec. 723. Air ambulance report requirements.’’.

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(3) IRC.—
(A) IN GENERAL.—Subchapter B of chapter 100 of the
Internal Revenue Code of 1986 is amended by adding after
section 9822, as added by section 102(c)(2)(A) of this Act,
the following new section:

VerDate Sep 11 2014

26 USC 9823.

‘‘SEC. 9823. AIR AMBULANCE REPORT REQUIREMENTS.

Deadlines.

‘‘(a) IN GENERAL.—Each group health plan shall submit to
the Secretary, jointly with the Secretary of Labor and the Secretary
of Health and Human Services—
‘‘(1) not later than the date that is 90 days after the
last day of the first calendar year beginning on or after the
date on which a final rule is promulgated pursuant to the
rulemaking described in section 106(d) of the No Surprises
Act, the information described in subsection (b) with respect
to such plan year; and
‘‘(2) not later than the date that is 90 days after the
last day of the calendar year immediately succeeding the plan
year described in paragraph (1), such information with respect
to such immediately succeeding plan year.
‘‘(b) INFORMATION DESCRIBED.—For purposes of subsection (a),
information described in this subsection, with respect to a group
health plan is each of the following:
‘‘(1) Claims data for air ambulance services furnished by
providers of such services, disaggregated by each of the following factors:
‘‘(A) Whether such services were furnished on an emergent or nonemergent basis.
‘‘(B) Whether the provider of such services is part
of a hospital-owned or sponsored program, municipalitysponsored program, hospital independent partnership
(hybrid) program, independent program, or tribally operated program in Alaska.
‘‘(C) Whether the transport in which the services were
furnished originated in a rural or urban area.
‘‘(D) The type of aircraft (such as rotor transport or
fixed wing transport) used to furnish such services.
‘‘(E) Whether the provider of such services has a contract with the plan or issuer, as applicable, to furnish
such services under the plan or coverage, respectively.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2855

‘‘(2) Such other information regarding providers of air
ambulance services as the Secretary may specify.’’.
(B) CLERICAL AMENDMENT.—The table of sections for
subchapter B of chapter 100 of the Internal Revenue Code
of 1986 is amended by adding after the item relating to
section 9822, as added by section 102(c), the following
new item:

26 USC 9811
prec.

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‘‘Sec. 9823. Air ambulance report requirements.’’.

(c) PUBLICATION OF COMPREHENSIVE REPORT.—
(1) IN GENERAL.—Not later than the date that is one year
after the date described in subsection (a)(2) of section 2799A–
8 of the Public Health Service Act, of section 723 of the
Employee Retirement Income Security Act of 1974, and of section 9823 of the Internal Revenue Code of 1986, as such sections
are added by subsection (b), the Secretary of Health and Human
Services, in consultation with the Secretary of Transportation
(referred to in this section as the ‘‘Secretaries’’), shall develop,
and make publicly available (subject to paragraph (3)), a comprehensive report summarizing the information submitted
under subsection (a) and the amendments made by subsection
(b) and including each of the following:
(A) The percentage of providers of air ambulance services that are part of a hospital-owned or sponsored program,
municipality-sponsored program, hospital-independent
partnership (hybrid) program, or independent program.
(B) An assessment of the extent of competition among
providers of air ambulance services on the basis of price
and services offered, and any changes in such competition
over time.
(C) An assessment of the average charges for air ambulance services, amounts paid by group health plans and
health insurance issuers offering group or individual health
insurance coverage to providers of air ambulance services
for furnishing such services, and amounts paid out-ofpocket by consumers, and any changes in such amounts
paid over time.
(D) An assessment of the presence of air ambulance
bases in, or with the capability to serve, rural areas, and
the relative growth in air ambulance bases in rural and
urban areas over time.
(E) Any evidence of gaps in rural access to providers
of air ambulance services.
(F) The percentage of providers of air ambulance services that have contracts with group health plans or health
insurance issuers offering group or individual health insurance coverage to furnish such services under such plans
or coverage, respectively.
(G) An assessment of whether there are instances of
unfair, deceptive, or predatory practices by providers of
air ambulance services in collecting payments from patients
to whom such services are furnished, such as referral of
such patients to collections, lawsuits, and liens or wage
garnishment actions.
(H) An assessment of whether there are, within the
air ambulance industry, instances of unreasonable industry

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Consultation.
Public
information.
Summary.
Assessments.

PUBL260B

134 STAT. 2856

Deadline.
Consultation.
Notice.
Recommendations.

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Waiver authority.

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PUBLIC LAW 116–260—DEC. 27, 2020

concentration, excessive market domination, or other conditions that would allow at least one provider of air ambulance services to unreasonably increase prices or exclude
competition in air ambulance services in a given geographic
region.
(I) An assessment of the frequency of patient balance
billing, patient referrals to collections, lawsuits to collect
balance bills, and liens or wage garnishment actions by
providers of air ambulance services as part of a collections
process across hospital-owned or sponsored programs,
municipality-sponsored programs, hospital-independent
partnership (hybrid) programs, tribally operated programs
in Alaska, or independent programs, providers of air ambulance services operated by public agencies (such as a State
or county health department), and other independent providers of air ambulance services.
(J) An assessment of the frequency of claims appeals
made by providers of air ambulance services to group
health plans or health insurance issuers offering group
or individual health insurance coverage with respect to
air ambulance services furnished to enrollees of such plans
or coverage, respectively.
(K) Any other cost, quality, or other data relating to
air ambulance services or the air ambulance industry, as
determined necessary and appropriate by the Secretaries.
(2) OTHER SOURCES OF INFORMATION.—The Secretaries may
incorporate information from independent experts or thirdparty sources in developing the comprehensive report required
under paragraph (1).
(3) PROTECTION OF PROPRIETARY INFORMATION.—The Secretaries may not make publicly available under this subsection
any proprietary information.
(d) RULEMAKING.—Not later than the date that is one year
after the date of the enactment of this Act, the Secretary of Health
and Human Services, in consultation with the Secretary of
Transportation, shall, through notice and comment rulemaking,
specify the form and manner in which reports described in subsection (a) and in the amendments made by subsection (b) shall
be submitted to such Secretaries, taking into consideration (as
applicable and to the extent feasible) any recommendations included
in the report submitted by the Advisory Committee on Air Ambulance and Patient Billing under section 418(e) of the FAA Reauthorization Act of 2018 (Public Law 115–254; 49 U.S.C. 42301 note
prec.).
(e) CIVIL MONEY PENALTIES.—
(1) IN GENERAL.—Subject to paragraph (2), a provider of
air ambulance services who fails to submit all information
required under subsection (a)(2) by the date described in
subparagraph (A) or (B) of subsection (a)(1), as applicable,
shall be subject to a civil money penalty of not more than
$10,000.
(2) EXCEPTION.—In the case of a provider of air ambulance
services that submits only some of the information required
under subsection (a)(2) by the date described in subparagraph
(A) or (B) of subsection (a)(1), as applicable, the Secretary
of Health and Human Services may waive the civil money

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2857

penalty imposed under paragraph (1) if such provider demonstrates a good faith effort (as defined by the Secretary pursuant to regulation) in working with the Secretary to submit
the remaining information required under subsection (a)(2).
(3) PROCEDURE.—The provisions of section 1128A of the
Social Security Act (42 U.S.C. 1320a–7a), other than subsections (a) and (b) and the first sentence of subsection (c)(1),
shall apply to civil money penalties under this subsection in
the same manner as such provisions apply to a penalty or
proceeding under such section.
(f) UNFAIR AND DECEPTIVE PRACTICES AND UNFAIR METHODS
OF COMPETITION.—The Secretary of Transportation may use any
information submitted under subsection (a) in determining whether
a provider of air ambulance services has violated section 41712(a)
of title 49, United States Code.
(g) ADVISORY COMMITTEE ON AIR AMBULANCE QUALITY AND
PATIENT SAFETY.—
(1) ESTABLISHMENT.—Not later than the date that is 60
days after the date of the enactment of this Act, the Secretary
of Health and Human Services and the Secretary of Transportation, shall establish an Advisory Committee on Air Ambulance Quality and Patient Safety (referred to in this subsection
as the ‘‘Committee’’) for the purpose of reviewing options to
establish quality, patient safety, and clinical capability standards for each clinical capability level of air ambulances.
(2) MEMBERSHIP.—The Committee shall be composed of
the following members:
(A) The Secretary of Health and Human Services, or
a designee of the Secretary, who shall serve as the Chair
of the Committee.
(B) The Secretary of Transportation, or a designee
of the Secretary.
(C) One representative, to be appointed by the Secretary of Health and Human Services, of each of the following:
(i) State health insurance regulators.
(ii) Health care providers.
(iii) Group health plans and health insurance
issuers offering group or individual health insurance
coverage.
(iv) Patient advocacy groups.
(v) Accrediting bodies with experience in quality
measures.
(D) Three representatives of the air ambulance
industry, to be appointed by the Secretary of Transportation.
(E) Additional three representatives not covered under
subparagraphs (A) through (D), as determined necessary
and appropriate by the Secretary of Health and Human
Services and Secretary of Transportation.
(3) FIRST MEETING.—Not later than the date that is 90
days after the date of the enactment of this Act, the Committee
shall hold its first meeting.
(4) DUTIES.—The Committee shall study and make recommendations, as appropriate, to Congress regarding each of
the following with respect to air ambulance services:

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Applicability.

Deadline.

Appointments.

Appointments.

Determination.

Deadline.

PUBL260B

134 STAT. 2858

Consultation.
Public
information.
Recommendations.
Updates.
Determination.

PUBLIC LAW 116–260—DEC. 27, 2020

(A) Qualifications of different clinical capability levels
and tiering of such levels.
(B) Patient safety and quality standards.
(C) Options for improving service reliability during
poor weather, night conditions, or other adverse conditions.
(D) Differences between air ambulance vehicle types,
services, and technologies, and other flight capability standards, and the impact of such differences on patient safety.
(E) Clinical triage criteria for air ambulances.
(5) REPORT.—Not later than the date that is 180 days
after the date of the first meeting of the Committee, the Committee, in consultation with relevant experts and stakeholders,
as appropriate, shall develop and make publicly available a
report on any recommendations submitted to Congress under
paragraph (4). The Committee may update such report, as
determined appropriate by the Committee.
(h) DEFINITIONS.—In this section, the terms ‘‘group health
plan’’, ‘‘health insurance coverage’’, ‘‘individual health insurance
coverage’’, ‘‘group health insurance coverage’’, and ‘‘health insurance
issuer’’ have the meanings given such terms in section 2791 of
the Public Health Service Act (42 U.S.C. 300gg–91).
SEC. 107. TRANSPARENCY REGARDING IN-NETWORK AND OUT-OF-NETWORK DEDUCTIBLES AND OUT-OF-POCKET LIMITATIONS.

42 USC
300gg–111.

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29 USC 1185e.

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15:11 Oct 26, 2021

(a) PHSA.—Section 2799A–1 of the Public Health Service Act,
as added by section 102(a) and amended by section 103, is further
amended by adding at the end the following new subsection:
‘‘(e) TRANSPARENCY REGARDING IN-NETWORK AND OUT-OF-NETWORK DEDUCTIBLES AND OUT-OF-POCKET LIMITATIONS.—A group
health plan or a health insurance issuer offering group or individual
health insurance coverage and providing or covering any benefit
with respect to items or services shall include, in clear writing,
on any physical or electronic plan or insurance identification card
issued to the participants, beneficiaries, or enrollees in the plan
or coverage the following:
‘‘(1) Any deductible applicable to such plan or coverage.
‘‘(2) Any out-of-pocket maximum limitation applicable to
such plan or coverage.
‘‘(3) A telephone number and Internet website address
through which such individual may seek consumer assistance
information, such as information related to hospitals and urgent
care facilities that have in effect a contractual relationship
with such plan or coverage for furnishing items and services
under such plan or coverage’’.
(b) ERISA.—Section 716 of the Employee Retirement Income
Security Act of 1974, as added by section 102(b) and amended
by section 103, is further amended by adding at the end the following new subsection:
‘‘(e) TRANSPARENCY REGARDING IN-NETWORK AND OUT-OF-NETWORK DEDUCTIBLES AND OUT-OF-POCKET LIMITATIONS.—A group
health plan or a health insurance issuer offering group health
insurance coverage and providing or covering any benefit with
respect to items or services shall include, in clear writing, on
any physical or electronic plan or insurance identification card
issued to the participants or beneficiaries in the plan or coverage
the following:
‘‘(1) Any deductible applicable to such plan or coverage.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2859

‘‘(2) Any out-of-pocket maximum limitation applicable to
such plan or coverage.
‘‘(3) A telephone number and Internet website address
through which such individual may seek consumer assistance
information, such as information related to hospitals and urgent
care facilities that have in effect a contractual relationship
with such plan or coverage for furnishing items and services
under such plan or coverage’’.
(c) IRC.—Section 9816 of the Internal Revenue Code of 1986,
as added by section 102(c) and amended by section 103, is further
amended by adding at the end the following new subsection:
‘‘(e) TRANSPARENCY REGARDING IN-NETWORK AND OUT-OF-NETWORK DEDUCTIBLES AND OUT-OF-POCKET LIMITATIONS.—A group
health plan providing or covering any benefit with respect to items
or services shall include, in clear writing, on any physical or electronic plan or insurance identification card issued to the participants or beneficiaries in the plan the following:
‘‘(1) Any deductible applicable to such plan.
‘‘(2) Any out-of-pocket maximum limitation applicable to
such plan.
‘‘(3) A telephone number and Internet website address
through which such individual may seek consumer assistance
information, such as information related to hospitals and urgent
care facilities that have in effect a contractual relationship
with such plan for furnishing items and services under such
plan.’’.
(d) EFFECTIVE DATE.—The amendments made by this subsection shall apply with respect to plan years beginning on or
after January 1, 2022.
SEC.

108.

IMPLEMENTING PROTECTIONS
DISCRIMINATION.

AGAINST

PROVIDER

Not later than January 1, 2022, the Secretary of Health and
Human Services, the Secretary of Labor, and the Secretary of
the Treasury shall issue a proposed rule implementing the protections of section 2706(a) of the Public Health Service Act (42 U.S.C.
300gg-5(a)). The Secretaries shall accept and consider public comments on any proposed rule issued pursuant to this subsection
for a period of 60 days after the date of such issuance. Not later
than 6 months after the date of the conclusion of the comment
period, the Secretaries shall issue a final rule implementing the
protections of section 2706(a) of the Public Health Service Act
(42 U.S.C. 300gg-5(a)).

26 USC 9816.

26 USC 9816
note.

Deadlines.
42 USC
300gg–5 note.
Regulations.

Public comment.
Time period.

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SEC. 109. REPORTS.

(a) REPORTS IN CONSULTATION WITH FTC AND AG.—Not later
than January 1, 2023, and annually thereafter for each of the
following 4 years, the Secretary of Health and Human Services,
in consultation with the Federal Trade Commission and the
Attorney General, shall—
(1) conduct a study on the effects of the provisions of,
including amendments made by, this Act on—
(A) any patterns of vertical or horizontal integration
of health care facilities, providers, group health plans, or
health insurance issuers offering group or individual health
insurance coverage;
(B) overall health care costs; and

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Time period.
Recommendations.

Study.

PUBL260B

134 STAT. 2860

Consultation.

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Summary.
Examinations.

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PUBLIC LAW 116–260—DEC. 27, 2020

(C) access to health care items and services, including
specialty services, in rural areas and health professional
shortage areas, as defined in section 332 of the Public
Health Service Act (42 U.S.C. 254e);
(2) for purposes of the reports under paragraph (3), in
consultation with the Secretary of Labor and the Secretary
of the Treasury, make recommendations for the effective
enforcement of subsections (a)(1)(C)(iv) and (b)(1)(C) of section
2799A–1 of the Public Health Service Act, subsections
(a)(1)(C)(iv) and (b)(1)(C) of section 716 of the Employee Retirement Income Security Act of 1974, and subsections (a)(1)(C)(iv)
and (b)(1)(C) of section 9816 of the Internal Revenue Code
of 1986, including with respect to potential challenges to
addressing anti-competitive consolidation of health care facilities, providers, group health plans, or health insurance issuers
offering group or individual health insurance coverage; and
(3) submit a report on such study and including such
recommendations to the Committees on Energy and Commerce;
on Education and Labor; on Ways and Means; and on the
Judiciary of the House of Representatives and the Committees
on Health, Education, Labor, and Pensions; on Commerce,
Science, and Transportation; on Finance; and on the Judiciary
of the Senate.
(b) GAO REPORT ON IMPACT OF SURPRISE BILLING PROVISIONS.—Not later than January 1, 2025, the Comptroller General
of the United States shall submit to Congress a report summarizing
the effects of the provisions of this Act, including the amendments
made by such provisions, on changes during the period since the
date on the enactment of this Act in health care provider networks
of group health plans and group and individual health insurance
coverage offered by a health insurance issuer, in fee schedules
and amounts for health care services, and to contracted rates under
such plans or coverage. Such report shall—
(1) to the extent practicable, sample a statistically significant group of national health care providers;
(2) examine—
(A) provider network participation, including nonparticipating providers furnishing items and services at
participating facilities;
(B) health care provider group network participation,
including specialty, size, and ownership;
(C) the impact of State surprise billing laws and network adequacy standards on participation of health care
providers and facilities in provider networks of group health
plans and of group and individual health insurance coverage offered by health insurance issuers; and
(D) access to providers, including in rural and medically underserved communities and health professional
shortage areas (as defined in section 332 of the Public
Health Service Act), and the extent of provider shortages
in such communities and areas;
(3) to the extent practicable, sample a statistically significant group of national health insurance plans and issuers and
examine—
(A) the effects of the provisions of, including amendments made by, this Act on premiums and out-of-pocket

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2861

costs with respect to group health plans or group or individual health insurance coverage;
(B) the adequacy of provider networks with respect
to such plans or coverage; and
(C) categories of providers of ancillary services, as
defined in section 2799B–2(b)(2) of the Public Health
Service Act, for which such plans have no or a limited
number of in-network providers; and
(4) such other relevant effects of such provisions and
amendments.
(c) GAO REPORT ON ADEQUACY OF PROVIDER NETWORKS.—Not
later than January 1, 2023, the Comptroller General of the United
States shall submit to Congress, and make publicly available, a
report on the adequacy of provider networks in group health plans
and group and individual health insurance coverage, including legislative recommendations to improve the adequacy of such networks.
(d) GAO REPORT ON IDR PROCESS AND POTENTIAL FINANCIAL
RELATIONSHIPS.—Not later than December 31, 2023, the Comptroller General of the United States shall conduct a study and
submit to Congress a report on the IDR process established under
this section. Such study and report shall include an analysis of
potential financial relationships between providers and facilities
that utilize the IDR process established by the amendments made
by this Act and private equity investment firms.

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Study.

Analysis.

SEC. 110. CONSUMER PROTECTIONS THROUGH APPLICATION OF
HEALTH PLAN EXTERNAL REVIEW IN CASES OF CERTAIN
SURPRISE MEDICAL BILLS.

42 USC
300gg–19 note.

(a) IN GENERAL.—In applying the provisions of section 2719(b)
of the Public Health Service Act (42 U.S.C. 300gg–19(b)) to group
health plans and health insurance issuers offering group or individual health insurance coverage, the Secretary of Health and
Human Services, Secretary of Labor, and Secretary of the Treasury,
shall require, beginning not later than January 1, 2022, the external
review process described in paragraph (1) of such section to apply
with respect to any adverse determination by such a plan or issuer
under section 2799A-1 or 2799A-2, section 716 or 717 of the
Employee Retirement Income Security Act of 1974, or section 9816
or 9817 of the Internal Revenue Code of 1986, including with
respect to whether an item or service that is the subject to such
a determination is an item or service to which such respective
section applies.
(b) DEFINITIONS.—The terms ‘‘group health plan’’; ‘‘health insurance issuer’’; ‘‘group health insurance coverage’’, and ‘‘individual
health insurance coverage’’ have the meanings given such terms
in section 2791 of the Public Health Service Act (42 U.S.C. 300gg–
91), section 733 of the Employee Retirement Income Security Act
(29 U.S.C. 1191b), and section 9832 of the Internal Revenue Code,
as applicable.

Requirements.
Effective date.
Applicability.

SEC.

111.

CONSUMER PROTECTIONS THROUGH HEALTH PLAN
REQUIREMENT FOR FAIR AND HONEST ADVANCE COST
ESTIMATE.

(a) PHSA AMENDMENT.—Section 2799A–1 of the Public Health
Service Act (42 U.S.C. 300gg–19a), as added by section 102 and
as further amended by the previous provisions of this title, is
further amended by adding at the end the following new subsection:
‘‘(f) ADVANCED EXPLANATION OF BENEFITS.—

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Public
information.
Recommendations.

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42 USC
300gg–111.

PUBL260B

134 STAT. 2862

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Effective date.
Deadlines.
Notification.
Estimates.

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PUBLIC LAW 116–260—DEC. 27, 2020
‘‘(1) IN GENERAL.—For plan years beginning on or after
January 1, 2022, each group health plan, or a health insurance
issuer offering group or individual health insurance coverage
shall, with respect to a notification submitted under section
2799B–6 by a health care provider or health care facility to
the plan or issuer for a participant, beneficiary, or enrollee
under plan or coverage scheduled to receive an item or service
from the provider or facility (or authorized representative of
such participant, beneficiary, or enrollee), not later than 1
business day (or, in the case such item or service was so
scheduled at least 10 business days before such item or service
is to be furnished (or in the case of a request made to such
plan or coverage by such participant, beneficiary, or enrollee),
3 business days) after the date on which the plan or coverage
receives such notification (or such request), provide to the
participant, beneficiary, or enrollee (through mail or electronic
means, as requested by the participant, beneficiary, or enrollee)
a notification (in clear and understandable language) including
the following:
‘‘(A) Whether or not the provider or facility is a participating provider or a participating facility with respect to
the plan or coverage with respect to the furnishing of
such item or service and—
‘‘(i) in the case the provider or facility is a participating provider or facility with respect to the plan
or coverage with respect to the furnishing of such
item or service, the contracted rate under such plan
or coverage for such item or service (based on the
billing and diagnostic codes provided by such provider
or facility); and
‘‘(ii) in the case the provider or facility is a nonparticipating provider or facility with respect to such
plan or coverage, a description of how such individual
may obtain information on providers and facilities that,
with respect to such plan or coverage, are participating
providers and facilities, if any.
‘‘(B) The good faith estimate included in the notification
received from the provider or facility (if applicable) based
on such codes.
‘‘(C) A good faith estimate of the amount the plan
or coverage is responsible for paying for items and services
included in the estimate described in subparagraph (B).
‘‘(D) A good faith estimate of the amount of any costsharing for which the participant, beneficiary, or enrollee
would be responsible for such item or service (as of the
date of such notification).
‘‘(E) A good faith estimate of the amount that the
participant, beneficiary, or enrollee has incurred toward
meeting the limit of the financial responsibility (including
with respect to deductibles and out-of-pocket maximums)
under the plan or coverage (as of the date of such notification).
‘‘(F) In the case such item or service is subject to
a medical management technique (including concurrent
review, prior authorization, and step-therapy or fail-first

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134 STAT. 2863

protocols) for coverage under the plan or coverage, a disclaimer that coverage for such item or service is subject
to such medical management technique.
‘‘(G) A disclaimer that the information provided in
the notification is only an estimate based on the items
and services reasonably expected, at the time of scheduling
(or requesting) the item or service, to be furnished and
is subject to change.
‘‘(H) Any other information or disclaimer the plan or
coverage determines appropriate that is consistent with
information and disclaimers required under this section.
‘‘(2) AUTHORITY TO MODIFY TIMING REQUIREMENTS IN THE
CASE OF SPECIFIED ITEMS AND SERVICES.—
‘‘(A) IN GENERAL.—In the case of a participant, beneficiary, or enrollee scheduled to receive an item or service
that is a specified item or service (as defined in subparagraph (B)), the Secretary may modify any timing requirements relating to the provision of the notification described
in paragraph (1) to such participant, beneficiary, or enrollee
with respect to such item or service. Any modification
made by the Secretary pursuant to the previous sentence
may not result in the provision of such notification after
such participant, beneficiary, or enrollee has been furnished
such item or service.
‘‘(B) SPECIFIED ITEM OR SERVICE DEFINED.—For purposes of subparagraph (A), the term ‘specified item or
service’ means an item or service that has low utilization
or significant variation in costs (such as when furnished
as part of a complex treatment), as specified by the Secretary.’’.
(b) IRC AMENDMENTS.—Section 9816 of the Internal Revenue
Code of 1986, as added by section 102 and further amended by
the previous provisions of this title, is further amended by inserting
after subsection (e) the following new subsection:
‘‘(f) ADVANCED EXPLANATION OF BENEFITS.—
‘‘(1) IN GENERAL.—For plan years beginning on or after
January 1, 2022, each group health plan shall, with respect
to a notification submitted under section 2799B–6 of the Public
Health Service Act by a health care provider or health care
facility to the plan for a participant or beneficiary under plan
scheduled to receive an item or service from the provider or
facility (or authorized representative of such participant or
beneficiary), not later than 1 business day (or, in the case
such item or service was so scheduled at least 10 business
days before such item or service is to be furnished (or in
the case of a request made to such plan or coverage by such
participant or beneficiary), 3 business days) after the date
on which the plan receives such notification (or such request),
provide to the participant or beneficiary (through mail or electronic means, as requested by the participant or beneficiary)
a notification (in clear and understandable language) including
the following:
‘‘(A) Whether or not the provider or facility is a participating provider or a participating facility with respect to
the plan with respect to the furnishing of such item or
service and—

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26 USC 9816.

Effective date.
Deadlines.
Notification.
Estimates.

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134 STAT. 2864

PUBLIC LAW 116–260—DEC. 27, 2020
‘‘(i) in the case the provider or facility is a participating provider or facility with respect to the plan
or coverage with respect to the furnishing of such
item or service, the contracted rate under such plan
for such item or service (based on the billing and
diagnostic codes provided by such provider or facility);
and
‘‘(ii) in the case the provider or facility is a nonparticipating provider or facility with respect to such
plan, a description of how such individual may obtain
information on providers and facilities that, with
respect to such plan, are participating providers and
facilities, if any.
‘‘(B) The good faith estimate included in the notification
received from the provider or facility (if applicable) based
on such codes.
‘‘(C) A good faith estimate of the amount the plan
is responsible for paying for items and services included
in the estimate described in subparagraph (B).
‘‘(D) A good faith estimate of the amount of any costsharing for which the participant or beneficiary would be
responsible for such item or service (as of the date of
such notification).
‘‘(E) A good faith estimate of the amount that the
participant or beneficiary has incurred toward meeting the
limit of the financial responsibility (including with respect
to deductibles and out-of-pocket maximums) under the plan
(as of the date of such notification).
‘‘(F) In the case such item or service is subject to
a medical management technique (including concurrent
review, prior authorization, and step-therapy or fail-first
protocols) for coverage under the plan, a disclaimer that
coverage for such item or service is subject to such medical
management technique.
‘‘(G) A disclaimer that the information provided in
the notification is only an estimate based on the items
and services reasonably expected, at the time of scheduling
(or requesting) the item or service, to be furnished and
is subject to change.
‘‘(H) Any other information or disclaimer the plan
determines appropriate that is consistent with information
and disclaimers required under this section.
‘‘(2) AUTHORITY TO MODIFY TIMING REQUIREMENTS IN THE
CASE OF SPECIFIED ITEMS AND SERVICES.—
‘‘(A) IN GENERAL.—In the case of a participant or beneficiary scheduled to receive an item or service that is a
specified item or service (as defined in subparagraph (B)),
the Secretary may modify any timing requirements relating
to the provision of the notification described in paragraph
(1) to such participant or beneficiary with respect to such
item or service. Any modification made by the Secretary
pursuant to the previous sentence may not result in the
provision of such notification after such participant or beneficiary has been furnished such item or service.
‘‘(B) SPECIFIED ITEM OR SERVICE DEFINED.—For purposes of subparagraph (A), the term ‘specified item or
service’ means an item or service that has low utilization

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2865

or significant variation in costs (such as when furnished
as part of a complex treatment), as specified by the Secretary.’’.
(c) ERISA AMENDMENTS.—Section 716 of the Employee Retirement Income Security Act of 1974, as added by section 102 and
further amended by the previous amendments of this title, is further
amended by adding at the end the following new subsection:
‘‘(f) ADVANCED EXPLANATION OF BENEFITS.—
‘‘(1) IN GENERAL.—For plan years beginning on or after
January 1, 2022, each group health plan, or a health insurance
issuer offering group health insurance coverage shall, with
respect to a notification submitted under section 2799B–6 of
the Public Health Service Act by a health care provider or
health care facility to the plan or issuer for a participant
or beneficiary under plan or coverage scheduled to receive
an item or service from the provider or facility (or authorized
representative of such participant or beneficiary), not later
than 1 business day (or, in the case such item or service
was so scheduled at least 10 business days before such item
or service is to be furnished (or in the case of a request made
to such plan or coverage by such participant or beneficiary),
3 business days) after the date on which the plan or coverage
receives such notification (or such request), provide to the
participant or beneficiary (through mail or electronic means,
as requested by the participant or beneficiary) a notification
(in clear and understandable language) including the following:
‘‘(A) Whether or not the provider or facility is a participating provider or a participating facility with respect to
the plan or coverage with respect to the furnishing of
such item or service and—
‘‘(i) in the case the provider or facility is a participating provider or facility with respect to the plan
or coverage with respect to the furnishing of such
item or service, the contracted rate under such plan
for such item or service (based on the billing and
diagnostic codes provided by such provider or facility);
and
‘‘(ii) in the case the provider or facility is a nonparticipating provider or facility with respect to such
plan or coverage, a description of how such individual
may obtain information on providers and facilities that,
with respect to such plan or coverage, are participating
providers and facilities, if any.
‘‘(B) The good faith estimate included in the notification
received from the provider or facility (if applicable) based
on such codes.
‘‘(C) A good faith estimate of the amount the health
plan is responsible for paying for items and services
included in the estimate described in subparagraph (B).
‘‘(D) A good faith estimate of the amount of any costsharing for which the participant or beneficiary would be
responsible for such item or service (as of the date of
such notification).
‘‘(E) A good faith estimate of the amount that the
participant or beneficiary has incurred toward meeting the
limit of the financial responsibility (including with respect

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29 USC 1185e.

Effective date.
Deadlines.
Notification.
Estimates.

PUBL260B

134 STAT. 2866

PUBLIC LAW 116–260—DEC. 27, 2020
to deductibles and out-of-pocket maximums) under the plan
or coverage (as of the date of such notification).
‘‘(F) In the case such item or service is subject to
a medical management technique (including concurrent
review, prior authorization, and step-therapy or fail-first
protocols) for coverage under the plan or coverage, a disclaimer that coverage for such item or service is subject
to such medical management technique.
‘‘(G) A disclaimer that the information provided in
the notification is only an estimate based on the items
and services reasonably expected, at the time of scheduling
(or requesting) the item or service, to be furnished and
is subject to change.
‘‘(H) Any other information or disclaimer the plan or
coverage determines appropriate that is consistent with
information and disclaimers required under this section.
‘‘(2) AUTHORITY TO MODIFY TIMING REQUIREMENTS IN THE
CASE OF SPECIFIED ITEMS AND SERVICES.—
‘‘(A) IN GENERAL.—In the case of a participant or beneficiary scheduled to receive an item or service that is a
specified item or service (as defined in subparagraph (B)),
the Secretary may modify any timing requirements relating
to the provision of the notification described in paragraph
(1) to such participant or beneficiary with respect to such
item or service. Any modification made by the Secretary
pursuant to the previous sentence may not result in the
provision of such notification after such participant or beneficiary has been furnished such item or service.
‘‘(B) SPECIFIED ITEM OR SERVICE DEFINED.—For purposes of subparagraph (A), the term ‘specified item or
service’ means an item or service that has low utilization
or significant variation in costs (such as when furnished
as part of a complex treatment), as specified by the Secretary.’’.

SEC. 112. PATIENT PROTECTIONS THROUGH TRANSPARENCY AND
PATIENT-PROVIDER DISPUTE RESOLUTION.

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Part E of title XXVII of the Public Health Service Act (42
U.S.C. 300gg et seq.), as added by section 104 and further amended
by the previous provisions of this title, is further amended by
adding at the end the following new sections:

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42 USC
300gg–136.

‘‘SEC. 2799B–6. PROVISION OF INFORMATION UPON REQUEST AND FOR
SCHEDULED APPOINTMENTS.

Effective date.
Time periods.
Deadlines.

‘‘Each health care provider and health care facility shall, beginning January 1, 2022, in the case of an individual who schedules
an item or service to be furnished to such individual by such
provider or facility at least 3 business days before the date such
item or service is to be so furnished, not later than 1 business
day after the date of such scheduling (or, in the case of such
an item or service scheduled at least 10 business days before
the date such item or service is to be so furnished (or if requested
by the individual), not later than 3 business days after the date
of such scheduling or such request)—
‘‘(1) inquire if such individual is enrolled in a group health
plan, group or individual health insurance coverage offered
by a health insurance issuer, or a Federal health care program
(and if is so enrolled in such plan or coverage, seeking to

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2867

have a claim for such item or service submitted to such plan
or coverage); and
‘‘(2) provide a notification (in clear and understandable
language) of the good faith estimate of the expected charges
for furnishing such item or service (including any item or
service that is reasonably expected to be provided in conjunction
with such scheduled item or service and such an item or service
reasonably expected to be so provided by another health care
provider or health care facility), with the expected billing and
diagnostic codes for any such item or service, to—
‘‘(A) in the case the individual is enrolled in such
a plan or such coverage (and is seeking to have a claim
for such item or service submitted to such plan or coverage),
such plan or issuer of such coverage; and
‘‘(B) in the case the individual is not described in
subparagraph (A) and not enrolled in a Federal health
care program, the individual.

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‘‘SEC. 2799B–7. PATIENT-PROVIDER DISPUTE RESOLUTION.

‘‘(a) IN GENERAL.—Not later than January 1, 2022, the Secretary shall establish a process (in this subsection referred to as
the ‘patient-provider dispute resolution process’) under which an
uninsured individual, with respect to an item or service, who
received, pursuant to section 2799B–6, from a health care provider
or health care facility a good-faith estimate of the expected charges
for furnishing such item or service to such individual and who
after being furnished such item or service by such provider or
facility is billed by such provider or facility for such item or service
for charges that are substantially in excess of such estimate, may
seek a determination from a selected dispute resolution entity for
the charges to be paid by such individual (in lieu of such amount
so billed) to such provider or facility for such item or service.
For purposes of this subsection, the term ‘uninsured individual’
means, with respect to an item or service, an individual who does
not have benefits for such item or service under a group health
plan, group or individual health insurance coverage offered by a
health insurance issuer, Federal health care program (as defined
in section 1128B(f) of the Social Security Act), or a health benefits
plan under chapter 89 of title 5, United States Code (or an individual who has benefits for such item or service under a group
health plan or individual or group health insurance coverage offered
by a health insurance issuer, but who does not seek to have a
claim for such item or service submitted to such plan or coverage).
‘‘(b) SELECTION OF ENTITIES.—Under the patient-provider dispute resolution process, the Secretary shall, with respect to a determination sought by an individual under subsection (a), with respect
to charges to be paid by such individual to a health care provider
or health care facility described in such paragraph for an item
or service furnished to such individual by such provider or facility,
provide for—
‘‘(1) a method to select to make such determination an
entity certified under subsection (d) that—
‘‘(A) is not a party to such determination or an
employee or agent of such party;
‘‘(B) does not have a material familial, financial, or
professional relationship with such a party; and

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Notification.

42 USC
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Deadline.

Definition.

PUBL260B

134 STAT. 2868

Notification.

PUBLIC LAW 116–260—DEC. 27, 2020

‘‘(C) does not otherwise have a conflict of interest with
such a party (as determined by the Secretary); and
‘‘(2) the provision of a notification of such selection to
the individual and the provider or facility (as applicable) party
to such determination.
An entity selected pursuant to the previous sentence to make a
determination described in such sentence shall be referred to in
this subsection as the ‘selected dispute resolution entity’ with
respect to such determination.
‘‘(c) ADMINISTRATIVE FEE.—The Secretary shall establish a fee
to participate in the patient-provider dispute resolution process
in such a manner as to not create a barrier to an uninsured
individual’s access to such process.
‘‘(d) CERTIFICATION.—The Secretary shall establish or recognize
a process to certify entities under this subparagraph. Such process
shall ensure that an entity so certified satisfies at least the criteria
specified in section 2799A–1(c).’’.
SEC. 113. ENSURING CONTINUITY OF CARE.

(a) PUBLIC HEALTH SERVICE ACT.—Title XXVII of the Public
Health Service Act (42 U.S.C. 300gg et seq.) is amended, in the
part D, as added and amended by section 102(a) and further
amended by the previous provisions of this title, by inserting after
section 2799A–2 the following new section:
42 USC
300gg–113.

‘‘SEC. 2799A-3. CONTINUITY OF CARE.

‘‘(a) ENSURING CONTINUITY OF CARE WITH RESPECT TO TERMINATIONS OF CERTAIN CONTRACTUAL RELATIONSHIPS RESULTING IN
CHANGES IN PROVIDER NETWORK STATUS.—
‘‘(1) IN GENERAL.—In the case of an individual with benefits
under a group health plan or group or individual health insurance coverage offered by a health insurance issuer and with
respect to a health care provider or facility that has a contractual relationship with such plan or such issuer (as applicable)
for furnishing items and services under such plan or such
coverage, if, while such individual is a continuing care patient
(as defined in subsection (b)) with respect to such provider
or facility—
‘‘(A) such contractual relationship is terminated (as
defined in subsection (b));
‘‘(B) benefits provided under such plan or such health
insurance coverage with respect to such provider or facility
are terminated because of a change in the terms of the
participation of such provider or facility in such plan or
coverage; or
‘‘(C) a contract between such group health plan and
a health insurance issuer offering health insurance coverage in connection with such plan is terminated, resulting
in a loss of benefits provided under such plan with respect
to such provider or facility;
the plan or issuer, respectively, shall meet the requirements
of paragraph (2) with respect to such individual.
‘‘(2) REQUIREMENTS.—The requirements of this paragraph
are that the plan or issuer—
‘‘(A) notify each individual enrolled under such plan
or coverage who is a continuing care patient with respect
to a provider or facility at the time of a termination
described in paragraph (1) affecting such provider or facility

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2869

on a timely basis of such termination and such individual’s
right to elect continued transitional care from such provider
or facility under this section;
‘‘(B) provide such individual with an opportunity to
notify the plan or issuer of the individual’s need for transitional care; and
‘‘(C) permit the patient to elect to continue to have
benefits provided under such plan or such coverage, under
the same terms and conditions as would have applied and
with respect to such items and services as would have
been covered under such plan or coverage had such termination not occurred, with respect to the course of treatment
furnished by such provider or facility relating to such
individual’s status as a continuing care patient during the
period beginning on the date on which the notice under
subparagraph (A) is provided and ending on the earlier
of—
‘‘(i) the 90-day period beginning on such date; or
‘‘(ii) the date on which such individual is no longer
a continuing care patient with respect to such provider
or facility.
‘‘(b) DEFINITIONS.—In this section:
‘‘(1) CONTINUING CARE PATIENT.—The term ‘continuing care
patient’ means an individual who, with respect to a provider
or facility—
‘‘(A) is undergoing a course of treatment for a serious
and complex condition from the provider or facility;
‘‘(B) is undergoing a course of institutional or inpatient
care from the provider or facility;
‘‘(C) is scheduled to undergo nonelective surgery from
the provider, including receipt of postoperative care from
such provider or facility with respect to such a surgery;
‘‘(D) is pregnant and undergoing a course of treatment
for the pregnancy from the provider or facility; or
‘‘(E) is or was determined to be terminally ill (as determined under section 1861(dd)(3)(A) of the Social Security
Act) and is receiving treatment for such illness from such
provider or facility.
‘‘(2) SERIOUS AND COMPLEX CONDITION.—The term ‘serious
and complex condition’ means, with respect to a participant,
beneficiary, or enrollee under a group health plan or group
or individual health insurance coverage—
‘‘(A) in the case of an acute illness, a condition that
is serious enough to require specialized medical treatment
to avoid the reasonable possibility of death or permanent
harm; or
‘‘(B) in the case of a chronic illness or condition, a
condition that is—
‘‘(i) is life-threatening, degenerative, potentially
disabling, or congenital; and
‘‘(ii) requires specialized medical care over a prolonged period of time.
‘‘(3) TERMINATED.—The term ‘terminated’ includes, with
respect to a contract, the expiration or nonrenewal of the contract, but does not include a termination of the contract for
failure to meet applicable quality standards or for fraud.’’.
(b) INTERNAL REVENUE CODE.—

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Effective dates.

PUBL260B

134 STAT. 2870

PUBLIC LAW 116–260—DEC. 27, 2020
(1) IN GENERAL.—Subchapter B of chapter 100 of the
Internal Revenue Code of 1986, as amended by sections 102(c)
and 105(a)(3), is further amended by inserting after section
9817 the following new section:

26 USC 9818.

‘‘SEC. 9818. CONTINUITY OF CARE.

‘‘(a) ENSURING CONTINUITY OF CARE WITH RESPECT TO TERMINATIONS OF CERTAIN CONTRACTUAL RELATIONSHIPS RESULTING IN
CHANGES IN PROVIDER NETWORK STATUS.—
‘‘(1) IN GENERAL.—In the case of an individual with benefits

Notifications.

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under a group health plan and with respect to a health care
provider or facility that has a contractual relationship with
such plan for furnishing items and services under such plan,
if, while such individual is a continuing care patient (as defined
in subsection (b)) with respect to such provider or facility—
‘‘(A) such contractual relationship is terminated (as
defined in paragraph (b));
‘‘(B) benefits provided under such plan with respect
to such provider or facility are terminated because of a
change in the terms of the participation of such provider
or facility in such plan; or
‘‘(C) a contract between such group health plan and
a health insurance issuer offering health insurance coverage in connection with such plan is terminated, resulting
in a loss of benefits provided under such plan with respect
to such provider or facility;
the plan shall meet the requirements of paragraph (2) with
respect to such individual.
‘‘(2) REQUIREMENTS.—The requirements of this paragraph
are that the plan—
‘‘(A) notify each individual enrolled under such plan
who is a continuing care patient with respect to a provider
or facility at the time of a termination described in paragraph (1) affecting such provider on a timely basis of such
termination and such individual’s right to elect continued
transitional care from such provider or facility under this
section;
‘‘(B) provide such individual with an opportunity to
notify the plan of the individual’s need for transitional
care; and
‘‘(C) permit the patient to elect to continue to have
benefits provided under such plan, under the same terms
and conditions as would have applied and with respect
to such items and services as would have been covered
under such plan had such termination not occurred, with
respect to the course of treatment furnished by such provider or facility relating to such individual’s status as a
continuing care patient during the period beginning on
the date on which the notice under subparagraph (A) is
provided and ending on the earlier of—
‘‘(i) the 90-day period beginning on such date; or
‘‘(ii) the date on which such individual is no longer
a continuing care patient with respect to such provider
or facility.
‘‘(b) DEFINITIONS.—In this section:

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2871

‘‘(1) CONTINUING CARE PATIENT.—The term ‘continuing care
patient’ means an individual who, with respect to a provider
or facility—
‘‘(A) is undergoing a course of treatment for a serious
and complex condition from the provider or facility;
‘‘(B) is undergoing a course of institutional or inpatient
care from the provider or facility;
‘‘(C) is scheduled to undergo nonelective surgery from
the provider or facility, including receipt of postoperative
care from such provider or facility with respect to such
a surgery;
‘‘(D) is pregnant and undergoing a course of treatment
for the pregnancy from the provider or facility; or
‘‘(E) is or was determined to be terminally ill (as determined under section 1861(dd)(3)(A) of the Social Security
Act) and is receiving treatment for such illness from such
provider or facility.
‘‘(2) SERIOUS AND COMPLEX CONDITION.—The term ‘serious
and complex condition’ means, with respect to a participant
or beneficiary under a group health plan—
‘‘(A) in the case of an acute illness, a condition that
is serious enough to require specialized medical treatment
to avoid the reasonable possibility of death or permanent
harm; or
‘‘(B) in the case of a chronic illness or condition, a
condition that—
‘‘(i) is life-threatening, degenerative, potentially
disabling, or congenital; and
‘‘(ii) requires specialized medical care over a prolonged period of time.
‘‘(3) TERMINATED.—The term ‘terminated’ includes, with
respect to a contract, the expiration or nonrenewal of the contract, but does not include a termination of the contract for
failure to meet applicable quality standards or for fraud.’’.
(2) CLERICAL AMENDMENT.—The table of sections for such
subchapter, as amended by the previous sections, is further
amended by inserting after the item relating to section 9817
the following new item:

26 USC 9811
prec.

‘‘Sec. 9818. Continuity of care.’’.

(c) EMPLOYEE RETIREMENT INCOME SECURITY ACT.—
(1) IN GENERAL.—Subpart B of part 7 of subtitle B of
title I of the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1185 et seq.), as amended by section 102(c)
and further amended by the previous provisions of this title,
is further amended by inserting after section 717 the following
new section:

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‘‘SEC. 718. CONTINUITY OF CARE.

29 USC 1185g.

‘‘(a) ENSURING CONTINUITY OF CARE WITH RESPECT TO TERMINATIONS OF CERTAIN CONTRACTUAL RELATIONSHIPS RESULTING IN
CHANGES IN PROVIDER NETWORK STATUS.—
‘‘(1) IN GENERAL.—In the case of an individual with benefits
under a group health plan or group health insurance coverage
offered by a health insurance issuer and with respect to a
health care provider or facility that has a contractual relationship with such plan or such issuer (as applicable) for furnishing

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134 STAT. 2872

Notifications.

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Effective dates.

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PUBLIC LAW 116–260—DEC. 27, 2020
items and services under such plan or such coverage, if, while
such individual is a continuing care patient (as defined in
subsection (b)) with respect to such provider or facility—
‘‘(A) such contractual relationship is terminated (as
defined in paragraph (b));
‘‘(B) benefits provided under such plan or such health
insurance coverage with respect to such provider or facility
are terminated because of a change in the terms of the
participation of the provider or facility in such plan or
coverage; or
‘‘(C) a contract between such group health plan and
a health insurance issuer offering health insurance coverage in connection with such plan is terminated, resulting
in a loss of benefits provided under such plan with respect
to such provider or facility;
the plan or issuer, respectively, shall meet the requirements
of paragraph (2) with respect to such individual.
‘‘(2) REQUIREMENTS.—The requirements of this paragraph
are that the plan or issuer—
‘‘(A) notify each individual enrolled under such plan
or coverage who is a continuing care patient with respect
to a provider or facility at the time of a termination
described in paragraph (1) affecting such provider or facility
on a timely basis of such termination and such individual’s
right to elect continued transitional care from such provider
or facility under this section;
‘‘(B) provide such individual with an opportunity to
notify the plan or issuer of the individual’s need for transitional care; and
‘‘(C) permit the patient to elect to continue to have
benefits provided under such plan or such coverage, under
the same terms and conditions as would have applied and
with respect to such items and services as would have
been covered under such plan or coverage had such termination not occurred, with respect to the course of treatment
furnished by such provider or facility relating to such
individual’s status as a continuing care patient during the
period beginning on the date on which the notice under
subparagraph (A) is provided and ending on the earlier
of—
‘‘(i) the 90-day period beginning on such date; or
‘‘(ii) the date on which such individual is no longer
a continuing care patient with respect to such provider
or facility.
‘‘(b) DEFINITIONS.—In this section:
‘‘(1) CONTINUING CARE PATIENT.—The term ‘continuing care
patient’ means an individual who, with respect to a provider
or facility—
‘‘(A) is undergoing a course of treatment for a serious
and complex condition from the provider or facility;
‘‘(B) is undergoing a course of institutional or inpatient
care from the provider or facility;
‘‘(C) is scheduled to undergo nonelective surgery from
the provide or facility, including receipt of postoperative
care from such provider or facility with respect to such
a surgery;

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2873

‘‘(D) is pregnant and undergoing a course of treatment
for the pregnancy from the provider or facility; or
‘‘(E) is or was determined to be terminally ill (as determined under section 1861(dd)(3)(A) of the Social Security
Act) and is receiving treatment for such illness from such
provider or facility.
‘‘(2) SERIOUS AND COMPLEX CONDITION.—The term ‘serious
and complex condition’ means, with respect to a participant
or beneficiary under a group health plan or group health insurance coverage—
‘‘(A) in the case of an acute illness, a condition that
is serious enough to require specialized medical treatment
to avoid the reasonable possibility of death or permanent
harm; or
‘‘(B) in the case of a chronic illness or condition, a
condition that—
‘‘(i) is life-threatening, degenerative, potentially
disabling, or congenital; and
‘‘(ii) requires specialized medical care over a prolonged period of time.
‘‘(3) TERMINATED.—The term ‘terminated’ includes, with
respect to a contract, the expiration or nonrenewal of the contract, but does not include a termination of the contract for
failure to meet applicable quality standards or for fraud.’’.
(2) CLERICAL AMENDMENT.—The table of contents in section
1 of the Employee Retirement Income Security Act of 1974
is amended by inserting after the item relating to section 716
the following new item:
‘‘Sec. 718. Continuity of care.’’.

(d) PROVIDER REQUIREMENT.—Part E of title XXVII of the
Public Health Service Act (42 U.S.C. 300gg et seq.), as added
by section 104 and further amended by the previous provisions
of this title, is further amended by adding at the end the following
new section:

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‘‘SEC. 2799B–8. CONTINUITY OF CARE.

‘‘A health care provider or health care facility shall, in the
case of an individual furnished items and services by such provider
or facility for which coverage is provided under a group health
plan or group or individual health insurance coverage pursuant
to section 2799A–3, section 9818 of the Internal Revenue Code
of 1986, or section 718 of the Employee Retirement Income Security
Act of 1974—
‘‘(1) accept payment from such plan or such issuer (as
applicable) (and cost-sharing from such individual, if applicable,
in accordance with subsection (a)(2)(C) of such section 2799A–
3, 9818, or 718) for such items and services as payment in
full for such items and services; and
‘‘(2) continue to adhere to all policies, procedures, and
quality standards imposed by such plan or issuer with respect
to such individual and such items and services in the same
manner as if such termination had not occurred.’’.
(e) EFFECTIVE DATE.—The amendments made by subsections
(a), (b), and (c) shall apply with respect to plan years beginning
on or after January 1, 2022.

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42 USC
300gg–138.

26 USC 9818
note.

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134 STAT. 2874

PUBLIC LAW 116–260—DEC. 27, 2020

SEC. 114. MAINTENANCE OF PRICE COMPARISON TOOL.

(a) PUBLIC HEALTH SERVICE ACT.—Title XXVII of the Public
Health Service Act (42 U.S.C. 300gg et seq.) is amended, in part
D, as added and amended by section 102 and further amended
by the previous provisions of this title, by inserting after section
2799A–3 the following new section:
42 USC
300gg–114.
Web posting.

‘‘SEC. 2799A–4. MAINTENANCE OF PRICE COMPARISON TOOL.

26 USC 9819.

‘‘SEC. 9819. MAINTENANCE OF PRICE COMPARISON TOOL.

Web posting.

‘‘A group health plan shall offer price comparison guidance
by telephone and make available on the Internet website of the
plan or issuer a price comparison tool that (to the extent practicable)
allows an individual enrolled under such plan, with respect to
such plan year, such geographic region, and participating providers
with respect to such plan or coverage, to compare the amount
of cost-sharing that the individual would be responsible for paying
under such plan with respect to the furnishing of a specific item
or service by any such provider.’’.
(2) CLERICAL AMENDMENT.—The table of sections for such
subchapter, as amended by the previous sections, is further
amended by inserting after the item relating to section 9818
the following new item:

‘‘A group health plan or a health insurance issuer offering
group or individual health insurance coverage shall offer price
comparison guidance by telephone and make available on the Internet website of the plan or issuer a price comparison tool that
(to the extent practicable) allows an individual enrolled under such
plan or coverage, with respect to such plan year, such geographic
region, and participating providers with respect to such plan or
coverage, to compare the amount of cost-sharing that the individual
would be responsible for paying under such plan or coverage with
respect to the furnishing of a specific item or service by any such
provider.’’.
(b) INTERNAL REVENUE CODE.—
(1) IN GENERAL.—Subchapter B of chapter 100 of the
Internal Revenue Code of 1986, as amended by sections 102,
105, and 113, is further amended by inserting after section
9818 the following new section:

26 USC 9811
prec.

‘‘Sec. 9819. Maintenance of price comparison tool.’’.

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(c) EMPLOYEE RETIREMENT INCOME SECURITY ACT.—
(1) IN GENERAL.—Subpart B of part 7 of subtitle B of
title I of the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1185 et seq.), as amended by sections 102,
105, and 113, is further amended by inserting after section
718 the following new section:

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29 USC 1185h.

‘‘SEC. 719. MAINTENANCE OF PRICE COMPARISON TOOL.

Web posting.

‘‘A group health plan or a health insurance issuer offering
group health insurance coverage shall offer price comparison guidance by telephone and make available on the Internet website
of the plan or issuer a price comparison tool that (to the extent
practicable) allows an individual enrolled under such plan or coverage, with respect to such plan year, such geographic region,
and participating providers with respect to such plan or coverage,
to compare the amount of cost-sharing that the individual would

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2875

be responsible for paying under such plan or coverage with respect
to the furnishing of a specific item or service by any such provider.’’.
(2) CLERICAL AMENDMENT.—The table of contents in section
1 of the Employee Retirement Income Security Act of 1974,
as amended by the previous provisions of this title, is further
amended by inserting after the item relating to section 716
the following new item:
‘‘Sec. 719. Maintenance of price comparison tool.’’.

(d) EFFECTIVE DATE.—The amendments made by this section
shall apply with respect to plan years beginning on or after January
1, 2022.

26 USC 9819
note.

SEC. 115. STATE ALL PAYER CLAIMS DATABASES.

(a) GRANTS TO STATES.—Part B of title III of the Public Health
Service Act (42 U.S.C. 243 et seq.) is amended by adding at the
end the following:

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‘‘SEC. 320B. STATE ALL PAYER CLAIMS DATABASES.

‘‘(a) IN GENERAL.—The Secretary shall make one-time grants
to eligible States for the purposes described in subsection (b).
‘‘(b) USES.—A State may use a grant received under subsection
(a) for one of the following purposes:
‘‘(1) To establish a State All Payer Claims Database.
‘‘(2) To improve an existing State All Payer Claims Databases.
‘‘(c) ELIGIBILITY.—To be eligible to receive a grant under subsection (a), a State shall submit to the Secretary an application
at such time, in such manner, and containing such information
as the Secretary specifies, including, with respect to a State All
Payer Claims Database, at least specifics on how the State will
ensure uniform data collection and the privacy and security of
such data.
‘‘(d) GRANT PERIOD AND AMOUNT.—Grants awarded under this
section shall be for a period of 3-years, and in an amount of
$2,500,000, of which $1,000,000 shall be made available to the
State for each of the first 2 years of the grant period, and $500,000
shall be made available to the State for the third year of the
grant period.
‘‘(e) AUTHORIZED USERS.—
‘‘(1) APPLICATION.—An entity desiring authorization for
access to a State All Payer Claims Database that has received
a grant under this section shall submit to the State All Payer
Claims Database an application for such access, which shall
include—
‘‘(A) in the case of an entity requesting access for
research purposes—
‘‘(i) a description of the uses and methodologies
for evaluating health system performance using such
data; and
‘‘(ii) documentation of approval of the research by
an institutional review board, if applicable for a particular plan of research; or
‘‘(B) in the case of an entity such as an employer,
health insurance issuer, third-party administrator, or
health care provider, requesting access for the purpose

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Grants.
42 USC 247d–11.

PUBL260B

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134 STAT. 2876

PUBLIC LAW 116–260—DEC. 27, 2020

of quality improvement or cost-containment, a description
of the intended uses for such data.
‘‘(2) REQUIREMENTS.—
‘‘(A) ACCESS FOR RESEARCH PURPOSES.—Upon approval
of an application for research purposes under paragraph
(1)(A), the authorized user shall enter into a data use
and confidentiality agreement with the State All Payer
Claims Database that has received a grant under this
subsection, which shall include a prohibition on attempts
to reidentify and disclose individually identifiable health
information and proprietary financial information.
‘‘(B) CUSTOMIZED REPORTS.—Employers and employer
organizations may request customized reports from a State
All Payer Claims Database that has received a grant under
this section, at cost, subject to the requirements of this
section with respect to privacy, security, and proprietary
financial information.
‘‘(C) NON-CUSTOMIZED REPORTS.—A State All Payer
Claims Database that has received a grant under this
section shall make available to all authorized users aggregate data sets available through the State All Payer Claims
Database, free of charge.
‘‘(3) WAIVERS.—The Secretary may waive the requirements
of this subsection of a State All Payer Claims Database to
provide access of entities to such database if such State All
Payer Claims Database is substantially in compliance with
this subsection.
‘‘(f) EXPANDED ACCESS.—
‘‘(1) MULTI-STATE APPLICATIONS.—The Secretary may
prioritize applications submitted by a State whose application
demonstrates that the State will work with other State All
Payer Claims Databases to establish a single application for
access to data by authorized users across multiple States.
‘‘(2) EXPANSION OF DATA SETS.—The Secretary may
prioritize applications submitted by a State whose application
demonstrates that the State will implement the reporting format for self-insured group health plans described in section
735 of the Employee Retirement Income Security Act of 1974.
‘‘(g) DEFINITIONS.—In this section—
‘‘(1) the term ‘individually identifiable health information’
has the meaning given such term in section 1171(6) of the
Social Security Act;
‘‘(2) the term ‘proprietary financial information’ means data
that would disclose the terms of a specific contract between
an individual health care provider or facility and a specific
group health plan, managed care entity (as defined in section
1932(a)(1)(B) of the Social Security Act) or other managed care
organization, or health insurance issuer offering group or individual health insurance coverage; and
‘‘(3) the term ‘State All Payer Claims Database’ means,
with respect to a State, a database that may include medical
claims, pharmacy claims, dental claims, and eligibility and
provider files, which are collected from private and public
payers.
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—To carry out this
section, there is authorized to be appropriated $50,000,000 for each

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PUBL260B

PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2877

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of fiscal years 2022 and 2023, and $25,000,000 for fiscal year
2024, to remain available until expended.’’.
(b) STANDARDIZED REPORTING FORMAT.—
Subpart C of part 7 of subtitle B of title I of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1191 et
seq.) is amended by adding at the end the following:

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‘‘SEC. 735. STANDARDIZED REPORTING FORMAT.

29 USC 1191d.

‘‘(a) IN GENERAL.—Not later than 1 year after the date of
enactment of this section, the Secretary shall establish (and periodically update) a standardized reporting format for the voluntary
reporting, by group health plans to State All Payer Claims Databases, of medical claims, pharmacy claims, dental claims, and eligibility and provider files that are collected from private and public
payers, and shall provide guidance to States on the process by
which States may collect such data from such plans in the standardized reporting format.
‘‘(b) CONSULTATION.—
‘‘(1) ADVISORY COMMITTEE.—Not later than 90 days after
the date of enactment of this section, the Secretary shall convene an Advisory Committee (referred to in this section as
the ‘Committee’), consisting of 15 members to advise the Secretary regarding the format and guidance described in paragraph (1).
‘‘(2) MEMBERSHIP.—
‘‘(A) APPOINTMENT.—In accordance with subparagraph
(B), not later than 90 days after the date of enactment
this section, the Secretary, in coordination with the Secretary of Health and Human Services, shall appoint under
subparagraph (B)(iii), and the Comptroller General of the
United States shall appoint under subparagraph (B)(iv),
members who have distinguished themselves in the fields
of health services research, health economics, health
informatics, data privacy and security, or the governance
of State All Payer Claims Databases, or who represent
organizations likely to submit data to or use the database,
including patients, employers, or employee organizations
that sponsor group health plans, health care providers,
health insurance issuers, or third-party administrators of
group health plans. Such members shall serve 3-year terms
on a staggered basis. Vacancies on the Committee shall
be filled by appointment consistent with this paragraph
not later than 3 months after the vacancy arises.
‘‘(B) COMPOSITION.—The Committee shall be comprised
of—
‘‘(i) the Assistant Secretary of Employee Benefits
and Security Administration of the Department of
Labor, or a designee of such Assistant Secretary;
‘‘(ii) the Assistant Secretary for Planning and
Evaluation of the Department of Health and Human
Services, or a designee of such Assistant Secretary;
‘‘(iii) members appointed by the Secretary, in
coordination with the Secretary of Health and Human
Services, including—
‘‘(I) 1 member to serve as the chair of the
Committee;

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Deadlines.

Coordination.

Time period.

PUBL260B

134 STAT. 2878

Recommendations.
Definition.

PUBLIC LAW 116–260—DEC. 27, 2020

‘‘(II) 1 representative of the Centers for Medicare & Medicaid Services;
‘‘(III) 1 representative of the Agency for
Healthcare Research and Quality;
‘‘(IV) 1 representative of the Office for Civil
Rights of the Department of Health and Human
Services with expertise in data privacy and security;
‘‘(V) 1 representative of the National Center
for Health Statistics;
‘‘(VI) 1 representative of the Office of the
National Coordinator for Health Information Technology; and
‘‘(VII) 1 representative of a State All-Payer
Claims Database;
‘‘(iv) members appointed by the Comptroller General of the United States, including—
‘‘(I) 1 representative of an employer that sponsors a group health plan;
‘‘(II) 1 representative of an employee organization that sponsors a group health plan;
‘‘(III) 1 academic researcher with expertise in
health economics or health services research;
‘‘(IV) 1 consumer advocate; and
‘‘(V) 2 additional members.
‘‘(3) REPORT.—Not later than 180 days after the date of
enactment of this section, the Committee shall report to the
Secretary, the Committee on Health, Education, Labor, and
Pensions of the Senate, and the Committee on Energy and
Commerce and the Committee on Education and Labor of the
House of Representatives. Such report shall include recommendations on the establishment of the format and guidance
described in subsection (a).
‘‘(c) STATE ALL PAYER CLAIMS DATABASE.—In this section, the
term ‘State All Payer Claims Database’ means, with respect to
a State, a database that may include medical claims, pharmacy
claims, dental claims, and eligibility and provider files, which are
collected from private and public payers.
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—To carry out this
section, there are authorized to be appropriated $5,000,000 for
fiscal year 2021, to remain available until expended or, if sooner,
until the date described in subsection (e).
‘‘(e) SUNSET.—Beginning on the date on which the report is
submitted under subsection (b)(3), subsection (b) shall have no
force or effect.’’.
SEC. 116. PROTECTING PATIENTS AND IMPROVING THE ACCURACY
OF PROVIDER DIRECTORY INFORMATION.

(a) PHSA.—Part D of title XXVII of the Public Health Service
Act (42 U.S.C. 300gg et seq.), as added and amended by section
102 and further amended by the previous provisions of this title,
is further amended by inserting after section 2799A–4 the following:

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42 USC
300gg–115.

‘‘SEC.

Effective date.

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2799A–5. PROTECTING PATIENTS AND IMPROVING THE
ACCURACY OF PROVIDER DIRECTORY INFORMATION.

‘‘(a) PROVIDER DIRECTORY INFORMATION REQUIREMENTS.—
‘‘(1) IN GENERAL.—For plan years beginning on or after
January 1, 2022, each group health plan and health insurance

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2879

issuer offering group or individual health insurance coverage
shall—
‘‘(A) establish the verification process described in paragraph (2);
‘‘(B) establish the response protocol described in paragraph (3);
‘‘(C) establish the database described in paragraph (4);
and
‘‘(D) include in any directory (other than the database
described in subparagraph (C)) containing provider directory information with respect to such plan or such coverage
the information described in paragraph (5).
‘‘(2) VERIFICATION PROCESS.—The verification process
described in this paragraph is, with respect to a group health
plan or a health insurance issuer offering group or individual
health insurance coverage, a process—
‘‘(A) under which, not less frequently than once every
90 days, such plan or such issuer (as applicable) verifies
and updates the provider directory information included
on the database described in paragraph (4) of such plan
or issuer of each health care provider and health care
facility included in such database;
‘‘(B) that establishes a procedure for the removal of
such a provider or facility with respect to which such
plan or issuer has been unable to verify such information
during a period specified by the plan or issuer; and
‘‘(C) that provides for the update of such database
within 2 business days of such plan or issuer receiving
from such a provider or facility information pursuant to
section 2799B–9.
‘‘(3) RESPONSE PROTOCOL.—The response protocol described
in this paragraph is, in the case of an individual enrolled
under a group health plan or group or individual health insurance coverage offered by a health insurance issuer who requests
information through a telephone call or electronic, web-based,
or Internet-based means on whether a health care provider
or health care facility has a contractual relationship to furnish
items and services under such plan or such coverage, a protocol
under which such plan or such issuer (as applicable), in the
case such request is made through a telephone call—
‘‘(A) responds to such individual as soon as practicable
and in no case later than 1 business day after such call
is received, through a written electronic or print (as
requested by such individual) communication; and
‘‘(B) retains such communication in such individual’s
file for at least 2 years following such response.
‘‘(4) DATABASE.—The database described in this paragraph
is, with respect to a group health plan or health insurance
issuer offering group or individual health insurance coverage,
a database on the public website of such plan or issuer that
contains—
‘‘(A) a list of each health care provider and health
care facility with which such plan or such issuer has a
direct or indirect contractual relationship for furnishing
items and services under such plan or such coverage; and
‘‘(B) provider directory information with respect to each
such provider and facility.

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Updates.

Time period.

Procedures.

Deadline.

Deadline.

Time period.

List.

PUBL260B

134 STAT. 2880

Effective date.

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PUBLIC LAW 116–260—DEC. 27, 2020

‘‘(5) INFORMATION.—The information described in this paragraph is, with respect to a print directory containing provider
directory information with respect to a group health plan or
individual or group health insurance coverage offered by a
health insurance issuer, a notification that such information
contained in such directory was accurate as of the date of
publication of such directory and that an individual enrolled
under such plan or such coverage should consult the database
described in paragraph (4) with respect to such plan or such
coverage or contact such plan or the issuer of such coverage
to obtain the most current provider directory information with
respect to such plan or such coverage.
‘‘(6) DEFINITION.—For purposes of this subsection, the term
‘provider directory information’ includes, with respect to a group
health plan and a health insurance issuer offering group or
individual health insurance coverage, the name, address, specialty, telephone number, and digital contact information of
each health care provider or health care facility with which
such plan or such issuer has a contractual relationship for
furnishing items and services under such plan or such coverage.
‘‘(7) RULE OF CONSTRUCTION.—Nothing in this section shall
be construed to preempt any provision of State law relating
to health care provider directories.
‘‘(b) COST-SHARING FOR SERVICES PROVIDED BASED ON RELIANCE
ON INCORRECT PROVIDER NETWORK INFORMATION.—
‘‘(1) IN GENERAL.—For plan years beginning on or after
January 1, 2022, in the case of an item or service furnished
to a participant, beneficiary, or enrollee of a group health
plan or group or individual health insurance coverage offered
by a health insurance issuer by a nonparticipating provider
or a nonparticipating facility, if such item or service would
otherwise be covered under such plan or coverage if furnished
by a participating provider or participating facility and if either
of the criteria described in paragraph (2) applies with respect
to such participant, beneficiary, or enrollee and item or service,
the plan or coverage—
‘‘(A) shall not impose on such participant, beneficiary,
or enrollee a cost-sharing amount for such item or service
so furnished that is greater than the cost-sharing amount
that would apply under such plan or coverage had such
item or service been furnished by a participating provider;
and
‘‘(B) shall apply the deductible or out-of-pocket maximum, if any, that would apply if such services were furnished by a participating provider or a participating
facility.
‘‘(2) CRITERIA DESCRIBED.—For purposes of paragraph (1),
the criteria described in this paragraph, with respect to an
item or service furnished to a participant, beneficiary, or
enrollee of a group health plan or group or individual health
insurance coverage offered by a health insurance issuer by
a nonparticipating provider or a nonparticipating facility, are
the following:
‘‘(A) The participant, beneficiary, or enrollee received
through a database, provider directory, or response protocol
described in subsection (a) information with respect to such
item and service to be furnished and such information

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2881

provided that the provider was a participating provider
or facility was a participating facility, with respect to the
plan for furnishing such item or service.
‘‘(B) The information was not provided, in accordance
with subsection (a), to the participant, beneficiary, or
enrollee and the participant, beneficiary, or enrollee
requested through the response protocol described in subsection (a)(3) of the plan or coverage information on
whether the provider was a participating provider or
facility was a participating facility with respect to the
plan for furnishing such item or service and was informed
through such protocol that the provider was such a participating provider or facility was such a participating facility.
‘‘(c) DISCLOSURE ON PATIENT PROTECTIONS AGAINST BALANCE
BILLING.—For plan years beginning on or after January 1, 2022,
each group health plan and health insurance issuer offering group
or individual health insurance coverage shall make publicly available, post on a public website of such plan or issuer, and include
on each explanation of benefits for an item or service with respect
to which the requirements under section 2799A–1 applies—
‘‘(1) information in plain language on—
‘‘(A) the requirements and prohibitions applied under
sections 2799B–1 and 2799B–2 (relating to prohibitions
on balance billing in certain circumstances);
‘‘(B) if provided for under applicable State law, any
other requirements on providers and facilities regarding
the amounts such providers and facilities may, with respect
to an item or service, charge a participant, beneficiary,
or enrollee of such plan or coverage with respect to which
such a provider or facility does not have a contractual
relationship for furnishing such item or service under the
plan or coverage after receiving payment from the plan
or coverage for such item or service and any applicable
cost sharing payment from such participant, beneficiary,
or enrollee; and
‘‘(C) the requirements applied under section 2799A1; and
‘‘(2) information on contacting appropriate State and Federal agencies in the case that an individual believes that such
a provider or facility has violated any requirement described
in paragraph (1) with respect to such individual.’’.
(b) ERISA.—Subpart B of part 7 of subtitle B of title I of
the Employee Retirement Income Security Act of 1974 (29 U.S.C.
1185 et seq.), as amended by sections 102, 105, 113, and 114,
is further amended by inserting after section 719 the following:

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‘‘SEC. 720. PROTECTING PATIENTS AND IMPROVING THE ACCURACY
OF PROVIDER DIRECTORY INFORMATION.

‘‘(a) PROVIDER DIRECTORY INFORMATION REQUIREMENTS.—
‘‘(1) IN GENERAL.—For plan years beginning on or after
January 1, 2022, each group health plan and health insurance
issuer offering group health insurance coverage shall—
‘‘(A) establish the verification process described in paragraph (2);
‘‘(B) establish the response protocol described in paragraph (3);

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29 USC 1185i.

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PUBL260B

134 STAT. 2882

PUBLIC LAW 116–260—DEC. 27, 2020
‘‘(C) establish the database described in paragraph (4);
and
‘‘(D) include in any directory (other than the database
described in subparagraph (C)) containing provider directory information with respect to such plan or such coverage
the information described in paragraph (5).
‘‘(2) VERIFICATION PROCESS.—The verification process
described in this paragraph is, with respect to a group health
plan or a health insurance issuer offering group health insurance coverage, a process—
‘‘(A) under which, not less frequently than once every
90 days, such plan or such issuer (as applicable) verifies
and updates the provider directory information included
on the database described in paragraph (4) of such plan
or issuer of each health care provider and health care
facility included in such database;
‘‘(B) that establishes a procedure for the removal of
such a provider or facility with respect to which such
plan or issuer has been unable to verify such information
during a period specified by the plan or issuer; and
‘‘(C) that provides for the update of such database
within 2 business days of such plan or issuer receiving
from such a provider or facility information pursuant to
section 2799B–9 of the Public Health Service Act.
‘‘(3) RESPONSE PROTOCOL.—The response protocol described
in this paragraph is, in the case of an individual enrolled
under a group health plan or group health insurance coverage
offered by a health insurance issuer who requests information
through a telephone call or electronic, web-based, or Internetbased means on whether a health care provider or health
care facility has a contractual relationship to furnish items
and services under such plan or such coverage, a protocol
under which such plan or such issuer (as applicable), in the
case such request is made through a telephone call—
‘‘(A) responds to such individual as soon as practicable
and in no case later than 1 business day after such call
is received, through a written electronic or print (as
requested by such individual) communication; and
‘‘(B) retains such communication in such individual’s
file for at least 2 years following such response.
‘‘(4) DATABASE.—The database described in this paragraph
is, with respect to a group health plan or health insurance
issuer offering group health insurance coverage, a database
on the public website of such plan or issuer that contains—
‘‘(A) a list of each health care provider and health
care facility with which such plan or such issuer has a
direct or indirect contractual relationship for furnishing
items and services under such plan or such coverage; and
‘‘(B) provider directory information with respect to each
such provider and facility.
‘‘(5) INFORMATION.—The information described in this paragraph is, with respect to a print directory containing provider
directory information with respect to a group health plan or
group health insurance coverage offered by a health insurance
issuer, a notification that such information contained in such
directory was accurate as of the date of publication of such
directory and that an individual enrolled under such plan or

Updates.

Time period.

Procedures.

Deadline.

Deadline.

Time period.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2883

such coverage should consult the database described in paragraph (4) with respect to such plan or such coverage or contact
such plan or the issuer of such coverage to obtain the most
current provider directory information with respect to such
plan or such coverage.
‘‘(6) DEFINITION.—For purposes of this subsection, the term
‘provider directory information’ includes, with respect to a group
health plan and a health insurance issuer offering group health
insurance coverage, the name, address, specialty, telephone
number, and digital contact information of each health care
provider or health care facility with which such plan or such
issuer has a contractual relationship for furnishing items and
services under such plan or such coverage.
‘‘(7) RULE OF CONSTRUCTION.—Nothing in this section shall
be construed to preempt any provision of State law relating
to health care provider directories, to the extent such State
law applies to such plan, coverage, or issuer, subject to section
514.
‘‘(b) COST-SHARING FOR SERVICES PROVIDED BASED ON RELIANCE
ON INCORRECT PROVIDER NETWORK INFORMATION.—
‘‘(1) IN GENERAL.—For plan years beginning on or after
January 1, 2022, in the case of an item or service furnished
to a participant or beneficiary of a group health plan or group
health insurance coverage offered by a health insurance issuer
by a nonparticipating provider or a nonparticipating facility,
if such item or service would otherwise be covered under such
plan or coverage if furnished by a participating provider or
participating facility and if either of the criteria described in
paragraph (2) applies with respect to such participant or beneficiary and item or service, the plan or coverage—
‘‘(A) shall not impose on such participant or beneficiary
a cost-sharing amount for such item or service so furnished
that is greater than the cost-sharing amount that would
apply under such plan or coverage had such item or service
been furnished by a participating provider; and
‘‘(B) shall apply the deductible or out-of-pocket maximum, if any, that would apply if such services were furnished by a participating provider or a participating
facility.
‘‘(2) CRITERIA DESCRIBED.—For purposes of paragraph (1),
the criteria described in this paragraph, with respect to an
item or service furnished to a participant or beneficiary of
a group health plan or group health insurance coverage offered
by a health insurance issuer by a nonparticipating provider
or a nonparticipating facility, are the following:
‘‘(A) The participant or beneficiary received through
a database, provider directory, or response protocol
described in subsection (a) information with respect to such
item and service to be furnished and such information
provided that the provider was a participating provider
or facility was a participating facility, with respect to the
plan for furnishing such item or service.
‘‘(B) The information was not provided, in accordance
with subsection (a), to the participant or beneficiary and
the participant or beneficiary requested through the
response protocol described in subsection (a)(3) of the plan
or coverage information on whether the provider was a

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PUBL260B

134 STAT. 2884

Effective date.
Public
information.
Web posting.
Applicability.

Requirements.

26 USC 9820.

participating provider or facility was a participating facility
with respect to the plan for furnishing such item or service
and was informed through such protocol that the provider
was such a participating provider or facility was such a
participating facility.
‘‘(c) DISCLOSURE ON PATIENT PROTECTIONS AGAINST BALANCE
BILLING.—For plan years beginning on or after January 1, 2022,
each group health plan and health insurance issuer offering group
health insurance coverage shall make publicly available, post on
a public website of such plan or issuer, and include on each explanation of benefits for an item or service with respect to which
the requirements under section 716 applies—
‘‘(1) information in plain language on—
‘‘(A) the requirements and prohibitions applied under
sections 2799B–1 and 2799B–2 of the Public Health Service
Act (relating to prohibitions on balance billing in certain
circumstances);
‘‘(B) if provided for under applicable State law, any
other requirements on providers and facilities regarding
the amounts such providers and facilities may, with respect
to an item or service, charge a participant or beneficiary
of such plan or coverage with respect to which such a
provider or facility does not have a contractual relationship
for furnishing such item or service under the plan or coverage after receiving payment from the plan or coverage
for such item or service and any applicable cost sharing
payment from such participant or beneficiary; and
‘‘(C) the requirements applied under section 716; and
‘‘(2) information on contacting appropriate State and Federal agencies in the case that an individual believes that such
a provider or facility has violated any requirement described
in paragraph (1) with respect to such individual.’’.
(c) IRC.—Subchapter B of chapter 100 of the Internal Revenue
Code of 1986, as amended by sections 102, 105, 113, and 114,
is further amended by inserting after section 9819 the following:
‘‘SEC. 9820. PROTECTING PATIENTS AND IMPROVING THE ACCURACY
OF PROVIDER DIRECTORY INFORMATION.

Effective date.

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‘‘(a) PROVIDER DIRECTORY INFORMATION REQUIREMENTS.—
‘‘(1) IN GENERAL.—For plan years beginning on or after
January 1, 2022, each group health plan shall—
‘‘(A) establish the verification process described in paragraph (2);
‘‘(B) establish the response protocol described in paragraph (3);
‘‘(C) establish the database described in paragraph (4);
and
‘‘(D) include in any directory (other than the database
described in subparagraph (C)) containing provider directory information with respect to such plan the information
described in paragraph (5).
‘‘(2) VERIFICATION PROCESS.—The verification process
described in this paragraph is, with respect to a group health
plan, a process—
‘‘(A) under which, not less frequently than once every
90 days, such plan verifies and updates the provider directory information included on the database described in

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2885

paragraph (4) of such plan or issuer of each health care
provider and health care facility included in such database;
‘‘(B) that establishes a procedure for the removal of
such a provider or facility with respect to which such
plan or issuer has been unable to verify such information
during a period specified by the plan or issuer; and
‘‘(C) that provides for the update of such database
within 2 business days of such plan or issuer receiving
from such a provider or facility information pursuant to
section 2799B–9 of the Public Health Service Act.
‘‘(3) RESPONSE PROTOCOL.—The response protocol described
in this paragraph is, in the case of an individual enrolled
under a group health plan who requests information through
a telephone call or electronic, web-based, or Internet-based
means on whether a health care provider or health care facility
has a contractual relationship to furnish items and services
under such plan, a protocol under which such plan or such
issuer (as applicable), in the case such request is made through
a telephone call—
‘‘(A) responds to such individual as soon as practicable
and in no case later than 1 business day after such call
is received, through a written electronic or print (as
requested by such individual) communication; and
‘‘(B) retains such communication in such individual’s
file for at least 2 years following such response.
‘‘(4) DATABASE.—The database described in this paragraph
is, with respect to a group health plan, a database on the
public website of such plan or issuer that contains—
‘‘(A) a list of each health care provider and health
care facility with which such plan or such issuer has a
direct or indirect contractual relationship for furnishing
items and services under such plan; and
‘‘(B) provider directory information with respect to each
such provider and facility.
‘‘(5) INFORMATION.—The information described in this paragraph is, with respect to a print directory containing provider
directory information with respect to a group health plan, a
notification that such information contained in such directory
was accurate as of the date of publication of such directory
and that an individual enrolled under such plan should consult
the database described in paragraph (4) with respect to such
plan or contact such plan to obtain the most current provider
directory information with respect to such plan.
‘‘(6) DEFINITION.—For purposes of this subsection, the term
‘provider directory information’ includes, with respect to a group
health plan, the name, address, specialty, telephone number,
and digital contact information of each health care provider
or health care facility with which such plan has a contractual
relationship for furnishing items and services under such plan.
‘‘(7) RULE OF CONSTRUCTION.—Nothing in this section shall
be construed to preempt any provision of State law relating
to health care provider directories.
‘‘(b) COST-SHARING FOR SERVICES PROVIDED BASED ON RELIANCE
ON INCORRECT PROVIDER NETWORK INFORMATION.—
‘‘(1) IN GENERAL.—For plan years beginning on or after
January 1, 2022, in the case of an item or service furnished
to a participant or beneficiary of a group health plan by a

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Deadline.

Deadline.

Time period.

List.

Effective date.

PUBL260B

134 STAT. 2886

Applicability.

Effective date.
Public
information.
Web posting.
Applicability.

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Requirements.

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PUBLIC LAW 116–260—DEC. 27, 2020

nonparticipating provider or a nonparticipating facility, if such
item or service would otherwise be covered under such plan
if furnished by a participating provider or participating facility
and if either of the criteria described in paragraph (2) applies
with respect to such participant or beneficiary and item or
service, the plan—
‘‘(A) shall not impose on such participant or beneficiary
a cost-sharing amount for such item or service so furnished
that is greater than the cost-sharing amount that would
apply under such plan had such item or service been furnished by a participating provider; and
‘‘(B) shall apply the deductible or out-of-pocket maximum, if any, that would apply if such services were furnished by a participating provider or a participating
facility.
‘‘(2) CRITERIA DESCRIBED.—For purposes of paragraph (1),
the criteria described in this paragraph, with respect to an
item or service furnished to a participant or beneficiary of
a group health plan by a nonparticipating provider or a nonparticipating facility, are the following:
‘‘(A) The participant or beneficiary received through
a database, provider directory, or response protocol
described in subsection (a) information with respect to such
item and service to be furnished and such information
provided that the provider was a participating provider
or facility was a participating facility, with respect to the
plan for furnishing such item or service.
‘‘(B) The information was not provided, in accordance
with subsection (a), to the participant or beneficiary and
the participant or beneficiary requested through the
response protocol described in subsection (a)(3) of the plan
information on whether the provider was a participating
provider or facility was a participating facility with respect
to the plan for furnishing such item or service and was
informed through such protocol that the provider was such
a participating provider or facility was such a participating
facility.
‘‘(c) DISCLOSURE ON PATIENT PROTECTIONS AGAINST BALANCE
BILLING.—For plan years beginning on or after January 1, 2022,
each group health plan shall make publicly available, post on a
public website of such plan or issuer, and include on each explanation of benefits for an item or service with respect to which
the requirements under section 9816 applies—
‘‘(1) information in plain language on—
‘‘(A) the requirements and prohibitions applied under
sections 2799B–1 and 2799B–2 of the Public Health Service
Act(relating to prohibitions on balance billing in certain
circumstances);
‘‘(B) if provided for under applicable State law, any
other requirements on providers and facilities regarding
the amounts such providers and facilities may, with respect
to an item or service, charge a participant or beneficiary
of such plan with respect to which such a provider or
facility does not have a contractual relationship for furnishing such item or service under the plan after receiving
payment from the plan for such item or service and any

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2887

applicable cost sharing payment from such participant or
beneficiary; and
‘‘(C) the requirements applied under section 9816; and
‘‘(2) information on contacting appropriate State and Federal agencies in the case that an individual believes that such
a provider or facility has violated any requirement described
in paragraph (1) with respect to such individual.’’.
(d) CLERICAL AMENDMENTS.—
(1) ERISA.—The table of contents in section 1 of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1001 et seq.), as amended by the previous provisions of this
title, is further amended by inserting after the item relating
to section 719 the following new item:
‘‘720. Protecting patients and improving the accuracy of provider directory information.’’.

(2) IRC.—The table of sections for subchapter B of chapter
100 of the Internal Revenue Code of 1986, as amended by
the previous provisions of this title, is further amended by
inserting after the item relating to section 9819 the following
new item:

26 USC 9811
prec.

‘‘9820. Protecting patients and improving the accuracy of provider directory information.’’.

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(e) PROVIDER REQUIREMENTS.—Part E of title XXVII of the
Public Health Service Act (42 U.S.C. 300gg et seq.), as added
by section 104 and as further amended by the previous provisions
of this title, is further amended by adding at the end the following:

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‘‘SEC. 2799B–9. PROVIDER REQUIREMENTS TO PROTECT PATIENTS AND
IMPROVE THE ACCURACY OF PROVIDER DIRECTORY
INFORMATION.

42 USC
300gg–139.

‘‘(a) PROVIDER BUSINESS PROCESSES.—Beginning not later than
January 1, 2022, each health care provider and each health care
facility shall have in place business processes to ensure the timely
provision of provider directory information to a group health plan
or a health insurance issuer offering group or individual health
insurance coverage to support compliance by such plans or issuers
with section 2799A–5(a)(1), section 720(a)(1) of the Employee Retirement Income Security Act of 1974, or section 9820(a)(1) of the
Internal Revenue Code of 1986, as applicable. Such providers shall
submit provider directory information to a plan or issuers, at a
minimum—
‘‘(1) when the provider or facility begins a network agreement with a plan or with an issuer with respect to certain
coverage;
‘‘(2) when the provider or facility terminates a network
agreement with a plan or with an issuer with respect to certain
coverage;
‘‘(3) when there are material changes to the content of
provider directory information of the provider or facility
described in section 2799A–5(a)(1), section 720(a)(1) of the
Employee Retirement Income Security Act of 1974, or section
9820(a)(1) of the Internal Revenue Code of 1986, as applicable;
and

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PUBL260B

134 STAT. 2888

Reimbursement.
Determination.

PUBLIC LAW 116–260—DEC. 27, 2020

‘‘(4) at any other time (including upon the request of such
issuer or plan) determined appropriate by the provider, facility,
or the Secretary.
‘‘(b) REFUNDS TO ENROLLEES.—If a health care provider submits
a bill to an enrollee based on cost-sharing for treatment or services
provided by the health care provider that is in excess of the normal
cost-sharing applied for such treatment or services provided innetwork, as prohibited under section 2799A–5(b), section 720(b)
of the Employee Retirement Income Security Act of 1974, or section
9820(b) of the Internal Revenue Code of 1986, as applicable, and
the enrollee pays such bill, the provider shall reimburse the enrollee
for the full amount paid by the enrollee in excess of the in-network
cost-sharing amount for the treatment or services involved, plus
interest, at an interest rate determined by the Secretary.
‘‘(c) LIMITATION.—Nothing in this section shall prohibit a provider from requiring in the terms of a contract, or contract termination, with a group health plan or health insurance issuer—
‘‘(1) that the plan or issuer remove, at the time of termination of such contract, the provider from a directory of the
plan or issuer described in section 2799A–5(a), section 720(a)
of the Employee Retirement Income Security Act of 1974, or
section 9820(a) of the Internal Revenue Code of 1986, as
applicable; or
‘‘(2) that the plan or issuer bear financial responsibility,
including under section 2799A–5(b), section 720(b) of the
Employee Retirement Income Security Act of 1974, or section
9820(b) of the Internal Revenue Code of 1986, as applicable,
for providing inaccurate network status information to an
enrollee.
‘‘(d) DEFINITION.—For purposes of this section, the term ‘provider directory information’ includes the names, addresses, specialty, telephone numbers, and digital contact information of individual health care providers, and the names, addresses, telephone
numbers, and digital contact information of each medical group,
clinic, or facility contracted to participate in any of the networks
of the group health plan or health insurance coverage involved.
‘‘(e) RULE OF CONSTRUCTION.—Nothing in this section shall
be construed to preempt any provision of State law relating to
health care provider directories.’’.
SEC. 117. ADVISORY COMMITTEE ON GROUND AMBULANCE AND
PATIENT BILLING.

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Deadline.
Establishment.
Review.
Disclosure.

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(a) IN GENERAL.—Not later than 90 days after the date of
enactment of this Act, the Secretary of Labor, Secretary of Health
and Human Services, and the Secretary of the Treasury (the Secretaries) shall jointly establish an advisory committee for the purpose
of reviewing options to improve the disclosure of charges and fees
for ground ambulance services, better inform consumers of insurance options for such services, and protect consumers from balance
billing.
(b) COMPOSITION OF THE ADVISORY COMMITTEE.—The advisory
committee shall be composed of the following members:
(1) The Secretary of Labor, or the Secretary’s designee.
(2) The Secretary of Health and Human Services, or the
Secretary’s designee.
(3) The Secretary of the Treasury, or the Secretary’s designee.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2889

(4) One representative, to be appointed jointly by the Secretaries, for each of the following:
(A) Each relevant Federal agency, as determined by
the Secretaries.
(B) State insurance regulators.
(C) Health insurance providers.
(D) Patient advocacy groups.
(E) Consumer advocacy groups.
(F) State and local governments.
(G) Physician specializing in emergency, trauma, cardiac, or stroke.
(H) State Emergency Medical Services Officials.
(I) Emergency medical technicians, paramedics, and
other emergency medical services personnel.
(5) Three representatives, to be appointed jointly by the
Secretaries, to represent the various segments of the ground
ambulance industry.
(6) Up to an additional 2 representatives otherwise not
described in paragraphs (1) through (5), as determined necessary and appropriate by the Secretaries.
(c) CONSULTATION.—The advisory committee shall, as appropriate, consult with relevant experts and stakeholders, including
those not otherwise included under subsection (b), while conducting
the review described in subsection (a).
(d) RECOMMENDATIONS.—The advisory committee shall make
recommendations with respect to disclosure of charges and fees
for ground ambulance services and insurance coverage, consumer
protection and enforcement authorities of the Departments of Labor,
Health and Human Services, and the Treasury and State authorities, and the prevention of balance billing to consumers. The recommendations shall address, at a minimum—
(1) options, best practices, and identified standards to prevent instances of balance billing;
(2) steps that can be taken by State legislatures, State
insurance regulators, State attorneys general, and other State
officials as appropriate, consistent with current legal authorities
regarding consumer protection; and
(3) legislative options for Congress to prevent balance
billing.
(e) REPORT.—Not later than 180 days after the date of the
first meeting of the advisory committee, the advisory committee
shall submit to the Secretaries, and the Committees on Education
and Labor, Energy and Commerce, and Ways and Means of the
House of Representatives and the Committees on Finance and
Health, Education, Labor, and Pensions a report containing the
recommendations made under subsection (d).

Appointments.

Appointments.

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SEC. 118. IMPLEMENTATION FUNDING.

(a) IN GENERAL.—For the purposes described in subsection
(b), there are appropriated, out of amounts in the Treasury not
otherwise appropriated, to the Secretary of Health and Human
Services, the Secretary of Labor, and the Secretary of the Treasury,
$500,000,000 for fiscal year 2021, to remain available until
expended through 2024.

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134 STAT. 2890

Regulations.
Public
information.
Reports.
Analysis.
Data.

Audits.

Reports.

PUBLIC LAW 116–260—DEC. 27, 2020

(b) PERMITTED PURPOSES.—The purposes described in this subsection are limited to the following purposes, insofar as such purposes are to carry out the provisions of, including the amendments
made by, this title and title II:
(1) Preparing, drafting, and issuing proposed and final
regulations or interim regulations.
(2) Preparing, drafting, and issuing guidance and public
information.
(3) Preparing and holding public meetings.
(4) Preparing, drafting, and publishing reports.
(5) Enforcement of such provisions.
(6) Reporting, collection, and analysis of data.
(7) Establishment and initial implementation of the processes for independent dispute resolution and implementation
of patient-provider dispute resolution under such provisions.
(8) Conducting audits.
(9) Other administrative duties necessary for implementation of such provisions.
(c) TRANSPARENCY OF IMPLEMENTATION FUNDS.—Each Secretary described in subsection (a) shall annually submit to the
Committees on Energy and Commerce, on Ways and Means, on
Education and Labor, and on Appropriations of the House of Representatives and on the Committees on Health, Education, Labor,
and Pensions and on Appropriations of the Senate a report on
funds expended pursuant to funds appropriated under this section.

TITLE II—TRANSPARENCY
SEC. 201. INCREASING TRANSPARENCY BY REMOVING GAG CLAUSES
ON PRICE AND QUALITY INFORMATION.

(a) PHSA.—Part D of title XXVII of the Public Health Service
Act (42 U.S.C. 300gg et seq.), as added and amended by title
I, is further amended by adding at the end the following:

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42 USC
300gg–119.

‘‘SEC. 2799A–9. INCREASING TRANSPARENCY BY REMOVING GAG
CLAUSES ON PRICE AND QUALITY INFORMATION.

‘‘(a) INCREASING PRICE AND QUALITY TRANSPARENCY FOR PLAN
SPONSORS AND GROUP AND INDIVIDUAL MARKET CONSUMERS.—
‘‘(1) GROUP HEALTH PLANS.—A group health plan or health
insurance issuer offering group health insurance coverage may
not enter into an agreement with a health care provider, network or association of providers, third-party administrator, or
other service provider offering access to a network of providers
that would directly or indirectly restrict a group health plan
or health insurance issuer offering such coverage from—
‘‘(A) providing provider-specific cost or quality of care
information or data, through a consumer engagement tool
or any other means, to referring providers, the plan
sponsor, enrollees, or individuals eligible to become
enrollees of the plan or coverage;
‘‘(B) electronically accessing de-identified claims and
encounter information or data for each enrollee in the
plan or coverage, upon request and consistent with the
privacy regulations promulgated pursuant to section 264(c)
of the Health Insurance Portability and Accountability Act
of 1996, the amendments made by the Genetic Information

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2891

Nondiscrimination Act of 2008, and the Americans with
Disabilities Act of 1990, including, on a per claim basis—
‘‘(i) financial information, such as the allowed
amount, or any other claim-related financial obligations included in the provider contract;
‘‘(ii) provider information, including name and clinical designation;
‘‘(iii) service codes; or
‘‘(iv) any other data element included in claim
or encounter transactions; or
‘‘(C) sharing information or data described in subparagraph (A) or (B), or directing that such data be shared,
with a business associate as defined in section 160.103
of title 45, Code of Federal Regulations (or successor regulations), consistent with the privacy regulations promulgated
pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996, the amendments
made by the Genetic Information Nondiscrimination Act
of 2008, and the Americans with Disabilities Act of 1990.
‘‘(2) INDIVIDUAL HEALTH INSURANCE COVERAGE.—A health
insurance issuer offering individual health insurance coverage
may not enter into an agreement with a health care provider,
network or association of providers, or other service provider
offering access to a network of providers that would directly
or indirectly restrict the health insurance issuer from—
‘‘(A) providing provider-specific price or quality of care
information, through a consumer engagement tool or any
other means, to referring providers, enrollees, or individuals eligible to become enrollees of the plan or coverage;
or
‘‘(B) sharing, for plan design, plan administration, and
plan, financial, legal, and quality improvement activities,
data described in subparagraph (A) with a business associate as defined in section 160.103 of title 45, Code of
Federal Regulations (or successor regulations), consistent
with the privacy regulations promulgated pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996, the amendments made by the Genetic
Information Nondiscrimination Act of 2008, and the Americans with Disabilities Act of 1990.
‘‘(3) CLARIFICATION REGARDING PUBLIC DISCLOSURE OF
INFORMATION.—Nothing in paragraph (1)(A) or (2)(A) prevents
a health care provider, network or association of providers,
or other service provider from placing reasonable restrictions
on the public disclosure of the information described in such
paragraphs (1) and (2).
‘‘(4) ATTESTATION.—A group health plan or a health insurance issuer offering group or individual health insurance coverage shall annually submit to the Secretary an attestation
that such plan or issuer of such coverage is in compliance
with the requirements of this subsection.
‘‘(5) RULES OF CONSTRUCTION.—Nothing in this section shall
be construed to modify or eliminate existing privacy protections
and standards under State and Federal law. Nothing in this
subsection shall be construed to otherwise limit access by a
group health plan, plan sponsor, or health insurance issuer
to data as permitted under the privacy regulations promulgated

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Compliance.

PUBL260B

134 STAT. 2892

PUBLIC LAW 116–260—DEC. 27, 2020

pursuant to section 264(c) of the Health Insurance Portability
and Accountability Act of 1996, the amendments made by the
Genetic Information Nondiscrimination Act of 2008, and the
Americans with Disabilities Act of 1990.’’.
(b) ERISA.—Subpart B of part 7 of subtitle B of title I of
the Employee Retirement Income Security Act of 1974 (29 U.S.C.
1185 et seq.), as amended by title I, is further amended by adding
at the end the following:

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29 USC 1185m.

‘‘SEC. 724. INCREASING TRANSPARENCY BY REMOVING GAG CLAUSES
ON PRICE AND QUALITY INFORMATION.

‘‘(a) INCREASING PRICE AND QUALITY TRANSPARENCY FOR PLAN
SPONSORS AND CONSUMERS.—
‘‘(1) IN GENERAL.—A group health plan (or an issuer of
health insurance coverage offered in connection with such a
plan) may not enter into an agreement with a health care
provider, network or association of providers, third-party
administrator, or other service provider offering access to a
network of providers that would directly or indirectly restrict
a group health plan or health insurance issuer offering such
coverage from—
‘‘(A) providing provider-specific cost or quality of care
information or data, through a consumer engagement tool
or any other means, to referring providers, the plan
sponsor, participants or beneficiaries, or individuals eligible
to become participants or beneficiaries of the plan or coverage;
‘‘(B) electronically accessing de-identified claims and
encounter information or data for each participant or beneficiary in the plan or coverage, upon request and consistent
with the privacy regulations promulgated pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996, the amendments made by the Genetic
Information Nondiscrimination Act of 2008, and the Americans with Disabilities Act of 1990, including, on a per
claim basis—
‘‘(i) financial information, such as the allowed
amount, or any other claim-related financial obligations included in the provider contract;
‘‘(ii) provider information, including name and clinical designation;
‘‘(iii) service codes; or
‘‘(iv) any other data element included in claim
or encounter transactions; or
‘‘(C) sharing information or data described in subparagraph (A) or (B), or directing that such data be shared,
with a business associate as defined in section 160.103
of title 45, Code of Federal Regulations (or successor regulations), consistent with the privacy regulations promulgated
pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996, the amendments
made by the Genetic Information Nondiscrimination Act
of 2008, and the Americans with Disabilities Act of 1990.
‘‘(2) CLARIFICATION REGARDING PUBLIC DISCLOSURE OF
INFORMATION.—Nothing in paragraph (1)(A) prevents a health
care provider, network or association of providers, or other
service provider from placing reasonable restrictions on the

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2893

public disclosure of the information described in such paragraph
(1).
‘‘(3) ATTESTATION.—A group health plan (or health insurance coverage offered in connection with such a plan) shall
annually submit to the Secretary an attestation that such plan
or issuer of such coverage is in compliance with the requirements of this subsection.
‘‘(4) RULES OF CONSTRUCTION.—Nothing in this section shall
be construed to modify or eliminate existing privacy protections
and standards under State and Federal law. Nothing in this
subsection shall be construed to otherwise limit access by a
group health plan, plan sponsor, or health insurance issuer
to data as permitted under the privacy regulations promulgated
pursuant to section 264(c) of the Health Insurance Portability
and Accountability Act of 1996, the amendments made by the
Genetic Information Nondiscrimination Act of 2008, and the
Americans with Disabilities Act of 1990.’’.
(c) IRC.—Subchapter B of chapter 100 of the Internal Revenue
Code of 1986, as amended by title I, is further amended by adding
at the end the following:

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‘‘SEC. 9824. INCREASING TRANSPARENCY BY REMOVING GAG CLAUSES
ON PRICE AND QUALITY INFORMATION.

Time period.
Compliance.

26 USC 9824.

‘‘(a) INCREASING PRICE AND QUALITY TRANSPARENCY FOR PLAN
SPONSORS AND CONSUMERS.—
‘‘(1) IN GENERAL.—A group health plan may not enter into
an agreement with a health care provider, network or association of providers, third-party administrator, or other service
provider offering access to a network of providers that would
directly or indirectly restrict a group health plan from—
‘‘(A) providing provider-specific cost or quality of care
information or data, through a consumer engagement tool
or any other means, to referring providers, the plan
sponsor, participants or beneficiaries, or individuals eligible
to become participants or beneficiaries of the plan;
‘‘(B) electronically accessing de-identified claims and
encounter information or data for each participant or beneficiary in the plan, upon request and consistent with the
privacy regulations promulgated pursuant to section 264(c)
of the Health Insurance Portability and Accountability Act
of 1996, the amendments made by the Genetic Information
Nondiscrimination Act of 2008, and the Americans with
Disabilities Act of 1990, including, on a per claim basis—
‘‘(i) financial information, such as the allowed
amount, or any other claim-related financial obligations included in the provider contract;
‘‘(ii) provider information, including name and clinical designation;
‘‘(iii) service codes; or
‘‘(iv) any other data element included in claim
or encounter transactions; or
‘‘(C) sharing information or data described in subparagraph (A) or (B), or directing that such data be shared,
with a business associate as defined in section 160.103
of title 45, Code of Federal Regulations (or successor regulations), consistent with the privacy regulations promulgated

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PUBL260B

134 STAT. 2894

PUBLIC LAW 116–260—DEC. 27, 2020
pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996, the amendments
made by the Genetic Information Nondiscrimination Act
of 2008, and the Americans with Disabilities Act of 1990.
‘‘(2) CLARIFICATION REGARDING PUBLIC DISCLOSURE OF
INFORMATION.—Nothing in paragraph (1)(A) prevents a health
care provider, network or association of providers, or other
service provider from placing reasonable restrictions on the
public disclosure of the information described in such paragraph
(1).
‘‘(3) ATTESTATION.—A group health plan shall annually
submit to the Secretary an attestation that such plan is in
compliance with the requirements of this subsection.
‘‘(4) RULES OF CONSTRUCTION.—Nothing in this section shall
be construed to modify or eliminate existing privacy protections
and standards under State and Federal law. Nothing in this
subsection shall be construed to otherwise limit access by a
group health plan or plan sponsor to data as permitted under
the privacy regulations promulgated pursuant to section 264(c)
of the Health Insurance Portability and Accountability Act of
1996, the amendments made by the Genetic Information Nondiscrimination Act of 2008, and the Americans with Disabilities
Act of 1990.’’.
(d) CLERICAL AMENDMENTS.—
(1) ERISA.—The table of contents in section 1 of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1001 et seq.), as amended by title I, is further amended by
inserting after the item relating to section 723 the following
new item:

Time period.
Compliance.

‘‘Sec. 724. Increasing transparency by removing gag clauses on price and quality information.’’.

(2) IRC.—The table of sections for subchapter B of chapter
100 of the Internal Revenue Code of 1986, as amended by
title I, is further amended by adding at the end the following
new item:

26 USC 9811
prec.

‘‘Sec. 9824. Increasing transparency by removing gag clauses on price and quality
information.’’.

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SEC. 202. DISCLOSURE OF DIRECT AND INDIRECT COMPENSATION FOR
BROKERS AND CONSULTANTS TO EMPLOYER-SPONSORED HEALTH PLANS AND ENROLLEES IN PLANS ON
THE INDIVIDUAL MARKET.

Definitions.

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(a) GROUP HEALTH PLANS.—Section 408(b)(2) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1108(b)(2))
is amended—
(1) by striking ‘‘(2) Contracting or making’’ and inserting
‘‘(2)(A) Contracting or making’’; and
(2) by adding at the end the following:
‘‘(B)(i) No contract or arrangement for services between
a covered plan and a covered service provider, and no extension
or renewal of such a contract or arrangement, is reasonable
within the meaning of this paragraph unless the requirements
of this clause are met.
‘‘(ii)(I) For purposes of this subparagraph:

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2895

‘‘(aa) The term ‘covered plan’ means a group health
plan as defined section 733(a).
‘‘(bb) The term ‘covered service provider’ means a
service provider that enters into a contract or arrangement
with the covered plan and reasonably expects $1,000 (or
such amount as the Secretary may establish in regulations
to account for inflation since the date of enactment of
the Consolidated Appropriations Act, 2021, as appropriate)
or more in compensation, direct or indirect, to be received
in connection with providing one or more of the following
services, pursuant to the contract or arrangement, regardless of whether such services will be performed, or such
compensation received, by the covered service provider,
an affiliate, or a subcontractor:
‘‘(AA) Brokerage services, for which the covered
service provider, an affiliate, or a subcontractor reasonably expects to receive indirect compensation or direct
compensation described in item (dd), provided to a
covered plan with respect to selection of insurance
products (including vision and dental), recordkeeping
services, medical management vendor, benefits
administration (including vision and dental), stop-loss
insurance, pharmacy benefit management services,
wellness services, transparency tools and vendors,
group purchasing organization preferred vendor panels,
disease management vendors and products, compliance
services, employee assistance programs, or third party
administration services.
‘‘(BB) Consulting, for which the covered service
provider, an affiliate, or a subcontractor reasonably
expects to receive indirect compensation or direct compensation described in item (dd), related to the development or implementation of plan design, insurance or
insurance product selection (including vision and
dental), recordkeeping, medical management, benefits
administration selection (including vision and dental),
stop-loss insurance, pharmacy benefit management
services, wellness design and management services,
transparency tools, group purchasing organization
agreements and services, participation in and services
from preferred vendor panels, disease management,
compliance services, employee assistance programs, or
third party administration services.
‘‘(cc) The term ‘affiliate’, with respect to a covered
service provider, means an entity that directly or indirectly
(through one or more intermediaries) controls, is controlled
by, or is under common control with, such provider, or
is an officer, director, or employee of, or partner in, such
provider.
‘‘(dd)(AA) The term ‘compensation’ means anything of
monetary value, but does not include non-monetary compensation valued at $250 (or such amount as the Secretary
may establish in regulations to account for inflation since
the date of enactment of the Consolidated Appropriations
Act, 2021, as appropriate) or less, in the aggregate, during
the term of the contract or arrangement.

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PUBL260B

134 STAT. 2896

‘‘(BB) The term ‘direct compensation’ means compensation received directly from a covered plan.
‘‘(CC) The term ‘indirect compensation’ means compensation received from any source other than the covered
plan, the plan sponsor, the covered service provider, or
an affiliate. Compensation received from a subcontractor
is indirect compensation, unless it is received in connection
with services performed under a contract or arrangement
with a subcontractor.
‘‘(ee) The term ‘responsible plan fiduciary’ means a
fiduciary with authority to cause the covered plan to enter
into, or extend or renew, the contract or arrangement.
‘‘(ff) The term ‘subcontractor’ means any person or
entity (or an affiliate of such person or entity) that is
not an affiliate of the covered service provider and that,
pursuant to a contract or arrangement with the covered
service provider or an affiliate, reasonably expects to
receive $1,000 (or such amount as the Secretary may establish in regulations to account for inflation since the date
of enactment of the Consolidated Appropriations Act, 2021,
as appropriate) or more in compensation for performing
one or more services described in item (bb) under a contract
or arrangement with the covered plan.
‘‘(II) For purposes of this subparagraph, a description of
compensation or cost may be expressed as a monetary amount,
formula, or a per capita charge for each enrollee or, if the
compensation or cost cannot reasonably be expressed in such
terms, by any other reasonable method, including a disclosure
that additional compensation may be earned but may not be
calculated at the time of contract if such a disclosure includes
a description of the circumstances under which the additional
compensation may be earned and a reasonable and good faith
estimate if the covered service provider cannot otherwise readily
describe compensation or cost and explains the methodology
and assumptions used to prepare such estimate. Any such
description shall contain sufficient information to permit
evaluation of the reasonableness of the compensation or cost.
‘‘(III) No person or entity is a ‘covered service provider’
within the meaning of subclause (I)(bb) solely on the basis
of providing services as an affiliate or a subcontractor that
is performing one or more of the services described in subitem
(AA) or (BB) of such subclause under the contract or arrangement with the covered plan.
‘‘(iii) A covered service provider shall disclose to a responsible plan fiduciary, in writing, the following:
‘‘(I) A description of the services to be provided to
the covered plan pursuant to the contract or arrangement.
‘‘(II) If applicable, a statement that the covered service
provider, an affiliate, or a subcontractor will provide, or
reasonably expects to provide, services pursuant to the
contract or arrangement directly to the covered plan as
a fiduciary (within the meaning of section 3(21)).
‘‘(III) A description of all direct compensation, either
in the aggregate or by service, that the covered service
provider, an affiliate, or a subcontractor reasonably expects
to receive in connection with the services described in
subclause (I).

Disclosure.

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Disclosure.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2897

‘‘(IV)(aa) A description of all indirect compensation that
the covered service provider, an affiliate, or a subcontractor
reasonably expects to receive in connection with the services described in subclause (I)—
‘‘(AA) including compensation from a vendor to
a brokerage firm based on a structure of incentives
not solely related to the contract with the covered
plan; and
‘‘(BB) not including compensation received by an
employee from an employer on account of work performed by the employee.
‘‘(bb) A description of the arrangement between the
payer and the covered service provider, an affiliate, or
a subcontractor, as applicable, pursuant to which such
indirect compensation is paid.
‘‘(cc) Identification of the services for which the indirect
compensation will be received, if applicable.
‘‘(dd) Identification of the payer of the indirect compensation.
‘‘(V) A description of any compensation that will be
paid among the covered service provider, an affiliate, or
a subcontractor, in connection with the services described
in subclause (I) if such compensation is set on a transaction
basis (such as commissions, finder’s fees, or other similar
incentive compensation based on business placed or
retained), including identification of the services for which
such compensation will be paid and identification of the
payers and recipients of such compensation (including the
status of a payer or recipient as an affiliate or a subcontractor), regardless of whether such compensation also is
disclosed pursuant to subclause (III) or (IV).
‘‘(VI) A description of any compensation that the covered service provider, an affiliate, or a subcontractor
reasonably expects to receive in connection with termination of the contract or arrangement, and how any prepaid
amounts will be calculated and refunded upon such termination.
‘‘(iv) A covered service provider shall disclose to a responsible plan fiduciary, in writing a description of the manner
in which the compensation described in clause (iii), as
applicable, will be received.
‘‘(v)(I) A covered service provider shall disclose the information required under clauses (iii) and (iv) to the responsible
plan fiduciary not later than the date that is reasonably in
advance of the date on which the contract or arrangement
is entered into, and extended or renewed.
‘‘(II) A covered service provider shall disclose any change
to the information required under clause (iii) and (iv) as soon
as practicable, but not later than 60 days from the date on
which the covered service provider is informed of such change,
unless such disclosure is precluded due to extraordinary circumstances beyond the covered service provider’s control, in
which case the information shall be disclosed as soon as practicable.

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Disclosure.

Disclosure.

Deadline.

PUBL260B

134 STAT. 2898

‘‘(vi)(I) Upon the written request of the responsible plan
fiduciary or covered plan administrator, a covered service provider shall furnish any other information relating to the compensation received in connection with the contract or arrangement that is required for the covered plan to comply with
the reporting and disclosure requirements under this Act.
‘‘(II) The covered service provider shall disclose the information required under clause (iii)(I) reasonably in advance of
the date upon which such responsible plan fiduciary or covered
plan administrator states that it is required to comply with
the applicable reporting or disclosure requirement, unless such
disclosure is precluded due to extraordinary circumstances
beyond the covered service provider’s control, in which case
the information shall be disclosed as soon as practicable.
‘‘(vii) No contract or arrangement will fail to be reasonable
under this subparagraph solely because the covered service
provider, acting in good faith and with reasonable diligence,
makes an error or omission in disclosing the information
required pursuant to clause (iii) (or a change to such information disclosed pursuant to clause (v)(II)) or clause (vi), provided
that the covered service provider discloses the correct information to the responsible plan fiduciary as soon as practicable,
but not later than 30 days from the date on which the covered
service provider knows of such error or omission.
‘‘(viii)(I) Pursuant to subsection (a), subparagraphs (C) and
(D) of section 406(a)(1) shall not apply to a responsible plan
fiduciary, notwithstanding any failure by a covered service
provider to disclose information required under clause (iii),
if the following conditions are met:
‘‘(aa) The responsible plan fiduciary did not know that
the covered service provider failed or would fail to make
required disclosures and reasonably believed that the covered service provider disclosed the information required
to be disclosed.
‘‘(bb) The responsible plan fiduciary, upon discovering
that the covered service provider failed to disclose the
required information, requests in writing that the covered
service provider furnish such information.
‘‘(cc) If the covered service provider fails to comply
with a written request described in subclause (II) within
90 days of the request, the responsible plan fiduciary notifies the Secretary of the covered service provider’s failure,
in accordance with subclauses (II) and (III).
‘‘(II) A notice described in subclause (I)(cc) shall contain—
‘‘(aa) the name of the covered plan;
‘‘(bb) the plan number used for the annual report on
the covered plan;
‘‘(cc) the plan sponsor’s name, address, and employer
identification number;
‘‘(dd) the name, address, and telephone number of the
responsible plan fiduciary;
‘‘(ee) the name, address, phone number, and, if known,
employer identification number of the covered service provider;
‘‘(ff) a description of the services provided to the covered
plan;

Disclosure.

Deadline.

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Deadline.
Notification.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2899

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‘‘(gg) a description of the information that the covered
service provider failed to disclose;
‘‘(hh) the date on which such information was requested
in writing from the covered service provider; and
‘‘(ii) a statement as to whether the covered service
provider continues to provide services to the plan.
‘‘(III) A notice described in subclause (I)(cc) shall be filed
with the Department not later than 30 days following the
earlier of—
‘‘(aa) The covered service provider’s refusal to furnish
the information requested by the written request described
in subclause (I)(bb); or
‘‘(bb) 90 days after the written request referred to
in subclause (I)(cc) is made.
‘‘(IV) If the covered service provider fails to comply with
the written request under subclause (I)(bb) within 90 days
of such request, the responsible plan fiduciary shall determine
whether to terminate or continue the contract or arrangement
under section 404. If the requested information relates to future
services and is not disclosed promptly after the end of the
90-day period, the responsible plan fiduciary shall terminate
the contract or arrangement as expeditiously as possible, consistent with such duty of prudence.
‘‘(ix) Nothing in this subparagraph shall be construed to
supersede any provision of State law that governs disclosures
by parties that provide the services described in this section,
except to the extent that such law prevents the application
of a requirement of this section.’’.
(b) APPLICABILITY OF EXISTING REGULATIONS.—Nothing in the
amendments made by subsection (a) shall be construed to affect
the applicability of section 2550.408b–2 of title 29, Code of Federal
Regulations (or any successor regulations), with respect to any
applicable entity other than a covered plan or a covered service
provider (as defined in section 408(b)(2)(B)(ii) of the Employee
Retirement Income Security Act of 1974, as amended by subsection
(a)).
(c) INDIVIDUAL MARKET COVERAGE.—Subpart 1 of part B of
title XXVII of the Public Health Service Act (42 U.S.C. 300gg–
41 et seq.) is amended by adding at the end the following:

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Deadline.

Time period.
Deadline.
Determination.
Contracts.

29 USC 1108
note.

‘‘SEC. 2746. DISCLOSURE TO ENROLLEES OF INDIVIDUAL MARKET COVERAGE.

42 USC
300gg–46.

‘‘(a) IN GENERAL.—A health insurance issuer offering individual
health insurance coverage or a health insurance issuer offering
short-term limited duration insurance coverage shall make disclosures to enrollees in such coverage, as described in subsection
(b), and reports to the Secretary, as described in subsection (c),
regarding direct or indirect compensation provided by the issuer
to an agent or broker associated with enrolling individuals in such
coverage.
‘‘(b) DISCLOSURE.—A health insurance issuer described in subsection (a) shall disclose to an enrollee the amount of direct or
indirect compensation provided to an agent or broker for services
provided by such agent or broker associated with plan selection
and enrollment. Such disclosure shall be—
‘‘(1) made prior to the individual finalizing plan selection;
and

Reports.

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134 STAT. 2900

Deadline.

29 USC 1108
note.

Effective date.
29 USC 1108
note.

PUBLIC LAW 116–260—DEC. 27, 2020

‘‘(2) included on any documentation confirming the individual’s enrollment.
‘‘(c) REPORTING.—A health insurance issuer described in subsection (a) shall annually report to the Secretary, prior to the
beginning of open enrollment, any direct or indirect compensation
provided to an agent or broker associated with enrolling individuals
in such coverage.
‘‘(d) RULEMAKING.—Not later than 1 year after the date of
enactment of the Consolidated Appropriations Act, 2021, the Secretary shall finalize, through notice-and-comment rulemaking, the
timing, form, and manner in which issuers described in subsection
(a) are required to make the disclosures described in subsection
(b) and the reports described in subsection (c). Such rulemaking
may also include adjustments to notice requirements to reflect
the different processes for plan renewals, in order to provide
enrollees with full, timely information.’’.
(d) TRANSITION RULE.—No contract executed prior to the effective date described in subsection (e) by a group health plan subject
to the requirements of section 408(b)(2)(B) of the Employee Retirement Income Security Act of 1974 (as amended by subsection (a))
or by a health insurance issuer subject to the requirements of
section 2746 of the Public Health Service Act (as added by subsection (c)) shall be subject to the requirements of such section
408(b)(2)(B) or such section 2746, as applicable.
(e) APPLICATION.—The amendments made by subsections (a)
and (c) shall apply beginning 1 year after the date of enactment
of this Act.
SEC. 203. STRENGTHENING PARITY IN MENTAL HEALTH AND SUBSTANCE USE DISORDER BENEFITS.

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Analyses.
Effective date.

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(a) IN GENERAL.—
(1) PHSA.—Section 2726(a) of the Public Health Service
Act (42 U.S.C. 300gg–26(a)) is amended by adding at the end
the following:
‘‘(8) COMPLIANCE REQUIREMENTS.—
‘‘(A) NONQUANTITATIVE TREATMENT LIMITATION (NQTL)
REQUIREMENTS.—In the case of a group health plan or
a health insurance issuer offering group or individual
health insurance coverage that provides both medical and
surgical benefits and mental health or substance use disorder benefits and that imposes nonquantitative treatment
limitations (referred to in this section as ‘NQTLs’) on
mental health or substance use disorder benefits, such
plan or issuer shall perform and document comparative
analyses of the design and application of NQTLs and, beginning 45 days after the date of enactment of the Consolidated Appropriations Act, 2021, make available to the
applicable State authority (or, as applicable, to the Secretary of Labor or the Secretary of Health and Human
Services), upon request, the comparative analyses and the
following information:
‘‘(i) The specific plan or coverage terms or other
relevant terms regarding the NQTLs and a description
of all mental health or substance use disorder and
medical or surgical benefits to which each such term
applies in each respective benefits classification.

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134 STAT. 2901

‘‘(ii) The factors used to determine that the NQTLs
will apply to mental health or substance use disorder
benefits and medical or surgical benefits.
‘‘(iii) The evidentiary standards used for the factors
identified in clause (ii), when applicable, provided that
every factor shall be defined, and any other source
or evidence relied upon to design and apply the NQTLs
to mental health or substance use disorder benefits
and medical or surgical benefits.
‘‘(iv) The comparative analyses demonstrating that
the processes, strategies, evidentiary standards, and
other factors used to apply the NQTLs to mental health
or substance use disorder benefits, as written and in
operation, are comparable to, and are applied no more
stringently than, the processes, strategies, evidentiary
standards, and other factors used to apply the NQTLs
to medical or surgical benefits in the benefits classification.
‘‘(v) The specific findings and conclusions reached
by the group health plan or health insurance issuer
with respect to the health insurance coverage,
including any results of the analyses described in this
subparagraph that indicate that the plan or coverage
is or is not in compliance with this section.
‘‘(B) SECRETARY REQUEST PROCESS.—
‘‘(i) SUBMISSION UPON REQUEST.—The Secretary
shall request that a group health plan or a health
insurance issuer offering group or individual health
insurance coverage submit the comparative analyses
described in subparagraph (A) for plans that involve
potential violations of this section or complaints
regarding noncompliance with this section that concern
NQTLs and any other instances in which the Secretary
determines appropriate. The Secretary shall request
not fewer than 20 such analyses per year.
‘‘(ii) ADDITIONAL INFORMATION.—In instances in
which the Secretary has concluded that the group
health plan or health insurance issuer with respect
to health insurance coverage has not submitted sufficient information for the Secretary to review the
comparative analyses described in subparagraph (A),
as requested under clause (i), the Secretary shall
specify to the plan or issuer the information the plan
or issuer must submit to be responsive to the request
under clause (i) for the Secretary to review the
comparative analyses described in subparagraph (A)
for compliance with this section. Nothing in this paragraph shall require the Secretary to conclude that a
group health plan or health insurance issuer is in
compliance with this section solely based upon the
inspection of the comparative analyses described in
subparagraph (A), as requested under clause (i).
‘‘(iii) REQUIRED ACTION.—
‘‘(I) IN GENERAL.—In instances in which the
Secretary has reviewed the comparative analyses
described in subparagraph (A), as requested under
clause (i), and determined that the group health

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134 STAT. 2902

PUBLIC LAW 116–260—DEC. 27, 2020
plan or health insurance issuer is not in compliance with this section, the plan or issuer—
‘‘(aa) shall specify to the Secretary the
actions the plan or issuer will take to be in
compliance with this section and provide to
the Secretary additional comparative analyses
described in subparagraph (A) that demonstrate compliance with this section not later
than 45 days after the initial determination
by the Secretary that the plan or issuer is
not in compliance; and
‘‘(bb) following the 45-day corrective action
period under item (aa), if the Secretary makes
a final determination that the plan or issuer
still is not in compliance with this section,
not later than 7 days after such determination,
shall notify all individuals enrolled in the plan
or applicable health insurance coverage offered
by the issuer that the plan or issuer, with
respect to such coverage, has been determined
to be not in compliance with this section.
‘‘(II) EXEMPTION FROM DISCLOSURE.—Documents or communications produced in connection
with the Secretary’s recommendations to a group
health plan or health insurance issuer shall not
be subject to disclosure pursuant to section 552
of title 5, United States Code.
‘‘(iv) REPORT.—Not later than 1 year after the date
of enactment of this paragraph, and not later than
October 1 of each year thereafter, the Secretary shall
submit to Congress, and make publicly available, a
report that contains—
‘‘(I) a summary of the comparative analyses
requested under clause (i), including the identity
of each group health plan or health insurance
issuer, with respect to particular health insurance
coverage that is determined to be not in compliance
after the final determination by the Secretary
described in clause (iii)(I)(bb);
‘‘(II) the Secretary’s conclusions as to whether
each group health plan or health insurance issuer
submitted sufficient information for the Secretary
to review the comparative analyses requested
under clause (i) for compliance with this section;
‘‘(III) for each group health plan or health
insurance issuer that did submit sufficient
information for the Secretary to review the
comparative analyses requested under clause (i),
the Secretary’s conclusions as to whether and why
the plan or issuer is in compliance with the
requirements under this section;
‘‘(IV) the Secretary’s specifications described
in clause (ii) for each group health plan or health
insurance issuer that the Secretary determined
did not submit sufficient information for the Secretary to review the comparative analyses

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134 STAT. 2903

requested under clause (i) for compliance with this
section; and
‘‘(V) the Secretary’s specifications described in
clause (iii) of the actions each group health plan
or health insurance issuer that the Secretary
determined is not in compliance with this section
must take to be in compliance with this section,
including the reason why the Secretary determined
the plan or issuer is not in compliance.
‘‘(C) COMPLIANCE PROGRAM GUIDANCE DOCUMENT
UPDATE PROCESS.—
‘‘(i) IN GENERAL.—The Secretary shall include
instances of noncompliance that the Secretary discovers upon reviewing the comparative analyses
requested under subparagraph (B)(i) in the compliance
program guidance document described in paragraph
(6), as it is updated every 2 years, except that such
instances shall not disclose any protected health
information or individually identifiable information.
‘‘(ii) GUIDANCE AND REGULATIONS.—Not later than
18 months after the date of enactment of this paragraph, the Secretary shall finalize any draft or interim
guidance and regulations relating to mental health
parity under this section. Such draft guidance shall
include guidance to clarify the process and timeline
for current and potential participants and beneficiaries
(and authorized representatives and health care providers of such participants and beneficiaries) with
respect to plans to file complaints of such plans or
issuers being in violation of this section, including
guidance, by plan type, on the relevant State, regional,
or national office with which such complaints should
be filed.
‘‘(iii) STATE.—The Secretary shall share information on findings of compliance and noncompliance
discovered upon reviewing the comparative analyses
requested under subparagraph (B)(i) shall be shared
with the State where the group health plan is located
or the State where the health insurance issuer is
licensed to do business for coverage offered by a health
insurance issuer in the group market, in accordance
with paragraph (6)(B)(iii)(II).’’.
(2) ERISA.—Section 712(a) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1185a(a)) is amended
by adding at the end the following:
‘‘(6) COMPLIANCE PROGRAM GUIDANCE DOCUMENT.—
‘‘(A) IN GENERAL.—The Secretary, the Secretary of
Health and Human Services, and the Secretary of the
Treasury, in consultation with the Inspector General of
the Department of Health and Human Services, the
Inspector General of the Department of Labor, and the
Inspector General of the Department of the Treasury, shall
issue a compliance program guidance document to help
improve compliance with this section, section 2726 of the
Public Health Service Act, and section 9812 of the Internal
Revenue Code of 1986, as applicable. In carrying out this
paragraph, the Secretaries may take into consideration

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134 STAT. 2904

the 2016 publication of the Department of Health and
Human Services and the Department of Labor, entitled
‘Warning Signs - Plan or Policy Non-Quantitative Treatment Limitations (NQTLs) that Require Additional Analysis to Determine Mental Health Parity Compliance’.
‘‘(B) EXAMPLES ILLUSTRATING COMPLIANCE AND NONCOMPLIANCE.—
‘‘(i) IN GENERAL.—The compliance program guidance document required under this paragraph shall
provide illustrative, de-identified examples (that do not
disclose any protected health information or individually identifiable information) of previous findings of
compliance and noncompliance with this section, section 2726 of the Public Health Service Act, or section
9812 of the Internal Revenue Code of 1986, as
applicable, based on investigations of violations of such
sections, including—
‘‘(I) examples illustrating requirements for
information disclosures and nonquantitative treatment limitations; and
‘‘(II) descriptions of the violations uncovered
during the course of such investigations.
‘‘(ii) NONQUANTITATIVE TREATMENT LIMITATIONS.—
To the extent that any example described in clause
(i) involves a finding of compliance or noncompliance
with regard to any requirement for nonquantitative
treatment limitations, the example shall provide sufficient detail to fully explain such finding, including
a full description of the criteria involved for approving
medical and surgical benefits and the criteria involved
for approving mental health and substance use disorder benefits.
‘‘(iii) ACCESS TO ADDITIONAL INFORMATION
REGARDING COMPLIANCE.—In developing and issuing
the compliance program guidance document required
under this paragraph, the Secretaries specified in
subparagraph (A)—
‘‘(I) shall enter into interagency agreements
with the Inspector General of the Department of
Health and Human Services, the Inspector General
of the Department of Labor, and the Inspector
General of the Department of the Treasury to
share findings of compliance and noncompliance
with this section, section 2726 of the Public Health
Service Act, or section 9812 of the Internal Revenue Code of 1986, as applicable; and
‘‘(II) shall seek to enter into an agreement
with a State to share information on findings of
compliance and noncompliance with this section,
section 2726 of the Public Health Service Act, or
section 9812 of the Internal Revenue Code of 1986,
as applicable.
‘‘(C) RECOMMENDATIONS.—The compliance program
guidance document shall include recommendations to
advance compliance with this section, section 2726 of the
Public Health Service Act, or section 9812 of the Internal
Revenue Code of 1986, as applicable, and encourage the

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134 STAT. 2905

development and use of internal controls to monitor adherence to applicable statutes, regulations, and program
requirements. Such internal controls may include illustrative examples of nonquantitative treatment limitations
on mental health and substance use disorder benefits,
which may fail to comply with this section, section 2726
of the Public Health Service Act, or section 9812 of the
Internal Revenue Code of 1986, as applicable, in relation
to nonquantitative treatment limitations on medical and
surgical benefits.
‘‘(D) UPDATING THE COMPLIANCE PROGRAM GUIDANCE
DOCUMENT.—The Secretary, the Secretary of Health and
Human Services, and the Secretary of the Treasury, in
consultation with the Inspector General of the Department
of Health and Human Services, the Inspector General of
the Department of Labor, and the Inspector General of
the Department of the Treasury, shall update the compliance program guidance document every 2 years to include
illustrative, de-identified examples (that do not disclose
any protected health information or individually identifiable information) of previous findings of compliance and
noncompliance with this section, section 2726 of the Public
Health Service Act, or section 9812 of the Internal Revenue
Code of 1986, as applicable.
‘‘(7) ADDITIONAL GUIDANCE.—
‘‘(A) IN GENERAL.—The Secretary, the Secretary of
Health and Human Services, and the Secretary of the
Treasury shall issue guidance to group health plans and
health insurance issuers offering group health insurance
coverage to assist such plans and issuers in satisfying
the requirements of this section, section 2726 of the Public
Health Service Act, or section 9812 of the Internal Revenue
Code of 1986, as applicable.
‘‘(B) DISCLOSURE.—
‘‘(i) GUIDANCE FOR PLANS AND ISSUERS.—The guidance issued under this paragraph shall include clarifying information and illustrative examples of methods
that group health plans and health insurance issuers
offering group or individual health insurance coverage
may use for disclosing information to ensure compliance with the requirements under this section, section
2726 of the Public Health Service Act, or section 9812
of the Internal Revenue Code of 1986, as applicable,
(and any regulations promulgated pursuant to such
sections, as applicable).
‘‘(ii) DOCUMENTS FOR PARTICIPANTS, BENEFICIARIES,
CONTRACTING PROVIDERS, OR AUTHORIZED REPRESENTATIVES.—The guidance issued under this paragraph
shall include clarifying information and illustrative
examples of methods that group health plans and
health insurance issuers offering group health insurance coverage may use to provide any participant,
beneficiary, contracting provider, or authorized representative, as applicable, with documents containing
information that the health plans or issuers are
required to disclose to participants, beneficiaries, contracting providers, or authorized representatives to

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134 STAT. 2906

PUBLIC LAW 116–260—DEC. 27, 2020
ensure compliance with this section, section 2726 of
the Public Health Service Act, or section 9812 of the
Internal Revenue Code of 1986, as applicable, compliance with any regulation issued pursuant to such
respective section, or compliance with any other
applicable law or regulation. Such guidance shall
include information that is comparative in nature with
respect to—
‘‘(I) nonquantitative treatment limitations for
both medical and surgical benefits and mental
health and substance use disorder benefits;
‘‘(II) the processes, strategies, evidentiary
standards, and other factors used to apply the
limitations described in subclause (I); and
‘‘(III) the application of the limitations
described in subclause (I) to ensure that such
limitations are applied in parity with respect to
both medical and surgical benefits and mental
health and substance use disorder benefits.
‘‘(C) NONQUANTITATIVE TREATMENT LIMITATIONS.—The
guidance issued under this paragraph shall include clarifying information and illustrative examples of methods,
processes, strategies, evidentiary standards, and other factors that group health plans and health insurance issuers
offering group health insurance coverage may use regarding
the development and application of nonquantitative treatment limitations to ensure compliance with this section,
section 2726 of the Public Health Service Act, or section
9812 of the Internal Revenue Code of 1986, as applicable,
(and any regulations promulgated pursuant to such respective section), including—
‘‘(i) examples of methods of determining appropriate types of nonquantitative treatment limitations
with respect to both medical and surgical benefits and
mental health and substance use disorder benefits,
including nonquantitative treatment limitations pertaining to—
‘‘(I) medical management standards based on
medical necessity or appropriateness, or whether
a treatment is experimental or investigative;
‘‘(II) limitations with respect to prescription
drug formulary design; and
‘‘(III) use of fail-first or step therapy protocols;
‘‘(ii) examples of methods of determining—
‘‘(I) network admission standards (such as
credentialing); and
‘‘(II) factors used in provider reimbursement
methodologies (such as service type, geographic
market, demand for services, and provider supply,
practice size, training, experience, and licensure)
as such factors apply to network adequacy;
‘‘(iii) examples of sources of information that may
serve as evidentiary standards for the purposes of
making determinations regarding the development and
application of nonquantitative treatment limitations;
‘‘(iv) examples of specific factors, and the evidentiary standards used to evaluate such factors, used

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2907

by such plans or issuers in performing a nonquantitative treatment limitation analysis;
‘‘(v) examples of how specific evidentiary standards
may be used to determine whether treatments are
considered experimental or investigative;
‘‘(vi) examples of how specific evidentiary standards may be applied to each service category or classification of benefits;
‘‘(vii) examples of methods of reaching appropriate
coverage determinations for new mental health or substance use disorder treatments, such as evidence-based
early intervention programs for individuals with a
serious mental illness and types of medical management techniques;
‘‘(viii) examples of methods of reaching appropriate
coverage determinations for which there is an indirect
relationship between the covered mental health or substance use disorder benefit and a traditional covered
medical and surgical benefit, such as residential treatment or hospitalizations involving voluntary or involuntary commitment; and
‘‘(ix) additional illustrative examples of methods,
processes, strategies, evidentiary standards, and other
factors for which the Secretary determines that additional guidance is necessary to improve compliance
with this section, section 2726 of the Public Health
Service Act, or section 9812 of the Internal Revenue
Code of 1986, as applicable.
‘‘(D) PUBLIC COMMENT.—Prior to issuing any final guidance under this paragraph, the Secretary shall provide
a public comment period of not less than 60 days during
which any member of the public may provide comments
on a draft of the guidance.
‘‘(8) COMPLIANCE REQUIREMENTS.—
‘‘(A) NONQUANTITATIVE TREATMENT LIMITATION (NQTL)
REQUIREMENTS.—In the case of a group health plan or
a health insurance issuer offering group health insurance
coverage that provides both medical and surgical benefits
and mental health or substance use disorder benefits and
that imposes nonquantitative treatment limitations
(referred to in this section as ‘NQTLs’) on mental health
or substance use disorder benefits, such plan or issuer
shall perform and document comparative analyses of the
design and application of NQTLs and, beginning 45 days
after the date of enactment of the Consolidated Appropriations Act, 2021, make available to the Secretary, upon
request, the comparative analyses and the following
information:
‘‘(i) The specific plan or coverage terms or other
relevant terms regarding the NQTLs, that applies to
such plan or coverage, and a description of all mental
health or substance use disorder and medical or surgical benefits to which each such term applies in each
respective benefits classification.
‘‘(ii) The factors used to determine that the NQTLs
will apply to mental health or substance use disorder
benefits and medical or surgical benefits.

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134 STAT. 2908

PUBLIC LAW 116–260—DEC. 27, 2020
‘‘(iii) The evidentiary standards used for the factors
identified in clause (ii), when applicable, provided that
every factor shall be defined, and any other source
or evidence relied upon to design and apply the NQTLs
to mental health or substance use disorder benefits
and medical or surgical benefits.
‘‘(iv) The comparative analyses demonstrating that
the processes, strategies, evidentiary standards, and
other factors used to apply the NQTLs to mental health
or substance use disorder benefits, as written and in
operation, are comparable to, and are applied no more
stringently than, the processes, strategies, evidentiary
standards, and other factors used to apply the NQTLs
to medical or surgical benefits in the benefits classification.
‘‘(v) The specific findings and conclusions reached
by the group health plan or health insurance issuer
with respect to the health insurance coverage,
including any results of the analyses described in this
subparagraph that indicate that the plan or coverage
is or is not in compliance with this section.
‘‘(B) SECRETARY REQUEST PROCESS.—
‘‘(i) SUBMISSION UPON REQUEST.—The Secretary
shall request that a group health plan or a health
insurance issuer offering group health insurance coverage submit the comparative analyses described in
subparagraph (A) for plans that involve potential violations of this section or complaints regarding noncompliance with this section that concern NQTLs and any
other instances in which the Secretary determines
appropriate. The Secretary shall request not fewer than
20 such analyses per year.
‘‘(ii) ADDITIONAL INFORMATION.—In instances in
which the Secretary has concluded that the group
health plan or health insurance issuer with respect
to group health insurance coverage has not submitted
sufficient information for the Secretary to review the
comparative analyses described in subparagraph (A),
as requested under clause (i), the Secretary shall
specify to the plan or issuer the information the plan
or issuer must submit to be responsive to the request
under clause (i) for the Secretary to review the
comparative analyses described in subparagraph (A)
for compliance with this section. Nothing in this paragraph shall require the Secretary to conclude that a
group health plan or health insurance issuer is in
compliance with this section solely based upon the
inspection of the comparative analyses described in
subparagraph (A), as requested under clause (i).
‘‘(iii) REQUIRED ACTION.—
‘‘(I) IN GENERAL.—In instances in which the
Secretary has reviewed the comparative analyses
described in subparagraph (A), as requested under
clause (i), and determined that the group health
plan or health insurance issuer is not in compliance with this section, the plan or issuer—

Standards.

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Deadlines.

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134 STAT. 2909

‘‘(aa) shall specify to the Secretary the
actions the plan or issuer will take to be in
compliance with this section and provide to
the Secretary additional comparative analyses
described in subparagraph (A) that demonstrate compliance with this section not later
than 45 days after the initial determination
by the Secretary that the plan or issuer is
not in compliance; and
‘‘(bb) following the 45-day corrective action
period under item (aa), if the Secretary makes
a final determination that the plan or issuer
still is not in compliance with this section,
not later than 7 days after such determination,
shall notify all individuals enrolled in the plan
or applicable health insurance coverage offered
by the issuer that the plan or issuer, with
respect to such coverage, has been determined
to be not in compliance with this section.
‘‘(II) EXEMPTION FROM DISCLOSURE.—Documents or communications produced in connection
with the Secretary’s recommendations to a group
health plan or health insurance issuer shall not
be subject to disclosure pursuant to section 552
of title 5, United States Code.
‘‘(iv) REPORT.—Not later than 1 year after the date
of enactment of this paragraph, and not later than
October 1 of each year thereafter, the Secretary shall
submit to Congress, and make publicly available, a
report that contains—
‘‘(I) a summary of the comparative analyses
requested under clause (i), including the identity
of each group health plan or health insurance
issuer, with respect to certain health insurance
coverage that is determined to be not in compliance
after the final determination by the Secretary
described in clause (iii)(I)(bb);
‘‘(II) the Secretary’s conclusions as to whether
each group health plan or health insurance issuer
submitted sufficient information for the Secretary
to review the comparative analyses requested
under clause (i) for compliance with this section;
‘‘(III) for each group health plan or health
insurance issuer that did submit sufficient
information for the Secretary to review the
comparative analyses requested under clause (i),
the Secretary’s conclusions as to whether and why
the plan or issuer is in compliance with the disclosure requirements under this section;
‘‘(IV) the Secretary’s specifications described
in clause (ii) for each group health plan or health
insurance issuer that the Secretary determined
did not submit sufficient information for the Secretary to review the comparative analyses
requested under clause (i) for compliance with this
section; and

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Public
information.

Summary.

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134 STAT. 2910

Time period.

Deadline.

26 USC 9812.

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‘‘(V) the Secretary’s specifications described in
clause (iii) of the actions each group health plan
or health insurance issuer that the Secretary
determined is not in compliance with this section
must take to be in compliance with this section,
including the reason why the Secretary determined
the plan or issuer is not in compliance.
‘‘(C) COMPLIANCE PROGRAM GUIDANCE DOCUMENT
UPDATE PROCESS.—
‘‘(i) IN GENERAL.—The Secretary shall include
instances of noncompliance that the Secretary discovers upon reviewing the comparative analyses
requested under subparagraph (B)(i) in the compliance
program guidance document described in paragraph
(6), as it is updated every 2 years, except that such
instances shall not disclose any protected health
information or individually identifiable information.
‘‘(ii) GUIDANCE AND REGULATIONS.—Not later than
18 months after the date of enactment of this paragraph, the Secretary shall finalize any draft or interim
guidance and regulations relating to mental health
parity under this section. Such draft guidance shall
include guidance to clarify the process and timeline
for current and potential participants and beneficiaries
(and authorized representatives and health care providers of such participants and beneficiaries) with
respect to plans to file complaints of such plans or
issuers being in violation of this section, including
guidance, by plan type, on the relevant State, regional,
or national office with which such complaints should
be filed.
‘‘(iii) STATE.—The Secretary shall share information on findings of compliance and noncompliance
discovered upon reviewing the comparative analyses
requested under subparagraph (B)(i) shall be shared
with the State where the group health plan is located
or the State where the health insurance issuer is
licensed to do business for coverage offered by a health
insurance issuer in the group market, in accordance
with paragraph (6)(B)(iii)(II).’’.
(3) IRC.—Section 9812(a) of the Internal Revenue Code
of 1986 is amended by adding at the end the following:
‘‘(6) COMPLIANCE PROGRAM GUIDANCE DOCUMENT.—
‘‘(A) IN GENERAL.—The Secretary, the Secretary of
Health and Human Services, and the Secretary of Labor,
in consultation with the Inspector General of the Department of Health and Human Services, the Inspector General
of the Department of Labor, and the Inspector General
of the Department of the Treasury, shall issue a compliance
program guidance document to help improve compliance
with this section, section 2726 of the Public Health Service
Act, and section 712 of the Employee Retirement Income
Security Act of 1974, as applicable. In carrying out this
paragraph, the Secretaries may take into consideration
the 2016 publication of the Department of Health and
Human Services and the Department of Labor, entitled

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134 STAT. 2911

‘Warning Signs - Plan or Policy Non-Quantitative Treatment Limitations (NQTLs) that Require Additional Analysis to Determine Mental Health Parity Compliance’.
‘‘(B) EXAMPLES ILLUSTRATING COMPLIANCE AND NONCOMPLIANCE.—
‘‘(i) IN GENERAL.—The compliance program guidance document required under this paragraph shall
provide illustrative, de-identified examples (that do not
disclose any protected health information or individually identifiable information) of previous findings of
compliance and noncompliance with this section, section 2726 of the Public Health Service Act, or section
712 of the Employee Retirement Income Security Act
of 1974, as applicable, based on investigations of violations of such sections, including—
‘‘(I) examples illustrating requirements for
information disclosures and nonquantitative treatment limitations; and
‘‘(II) descriptions of the violations uncovered
during the course of such investigations.
‘‘(ii) NONQUANTITATIVE TREATMENT LIMITATIONS.—
To the extent that any example described in clause
(i) involves a finding of compliance or noncompliance
with regard to any requirement for nonquantitative
treatment limitations, the example shall provide sufficient detail to fully explain such finding, including
a full description of the criteria involved for approving
medical and surgical benefits and the criteria involved
for approving mental health and substance use disorder benefits.
‘‘(iii) ACCESS TO ADDITIONAL INFORMATION
REGARDING COMPLIANCE.—In developing and issuing
the compliance program guidance document required
under this paragraph, the Secretaries specified in
subparagraph (A)—
‘‘(I) shall enter into interagency agreements
with the Inspector General of the Department of
Health and Human Services, the Inspector General
of the Department of Labor, and the Inspector
General of the Department of the Treasury to
share findings of compliance and noncompliance
with this section, section 2726 of the Public Health
Service Act, or section 712 of the Employee Retirement Income Security Act of 1974, as applicable;
and
‘‘(II) shall seek to enter into an agreement
with a State to share information on findings of
compliance and noncompliance with this section,
section 2726 of the Public Health Service Act, or
section 712 of the Employee Retirement Income
Security Act of 1974, as applicable.
‘‘(C) RECOMMENDATIONS.—The compliance program
guidance document shall include recommendations to
advance compliance with this section, section 2726 of the
Public Health Service Act, or section 712 of the Employee
Retirement Income Security Act of 1974, as applicable,
and encourage the development and use of internal controls

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134 STAT. 2912

to monitor adherence to applicable statutes, regulations,
and program requirements. Such internal controls may
include illustrative examples of nonquantitative treatment
limitations on mental health and substance use disorder
benefits, which may fail to comply with this section, section
2726 of the Public Health Service Act, or section 712 of
the Employee Retirement Income Security Act of 1974,
as applicable, in relation to nonquantitative treatment
limitations on medical and surgical benefits.
‘‘(D) UPDATING THE COMPLIANCE PROGRAM GUIDANCE
DOCUMENT.—The Secretary, the Secretary of Health and
Human Services, and the Secretary of Labor, in consultation with the Inspector General of the Department of
Health and Human Services, the Inspector General of the
Department of Labor, and the Inspector General of the
Department of the Treasury, shall update the compliance
program guidance document every 2 years to include illustrative, de-identified examples (that do not disclose any
protected health information or individually identifiable
information) of previous findings of compliance and noncompliance with this section, section 2726 of the Public
Health Service Act, or section 712 of the Employee Retirement Income Security Act of 1974, as applicable.
‘‘(7) ADDITIONAL GUIDANCE.—
‘‘(A) IN GENERAL.—The Secretary, the Secretary of
Health and Human Services, and the Secretary of Labor
shall issue guidance to group health plans to assist such
plans in satisfying the requirements of this section, section
2726 of the Public Health Service Act, or section 712 of
the Employee Retirement Income Security Act of 1974,
as applicable.
‘‘(B) DISCLOSURE.—
‘‘(i) GUIDANCE FOR PLANS.—The guidance issued
under this paragraph shall include clarifying information and illustrative examples of methods that group
health plans may use for disclosing information to
ensure compliance with the requirements under this
section, section 2726 of the Public Health Service Act,
or section 712 of the Employee Retirement Income
Security Act of 1974, as applicable, (and any regulations promulgated pursuant to such sections, as
applicable).
‘‘(ii) DOCUMENTS FOR PARTICIPANTS, BENEFICIARIES,
CONTRACTING PROVIDERS, OR AUTHORIZED REPRESENTATIVES.—The guidance issued under this paragraph
shall include clarifying information and illustrative
examples of methods that group health plans may
use to provide any participant, beneficiary, contracting
provider, or authorized representative, as applicable,
with documents containing information that the health
plans are required to disclose to participants, beneficiaries, contracting providers, or authorized representatives to ensure compliance with this section,
section 2726 of the Public Health Service Act, or section
712 of the Employee Retirement Income Security Act
of 1974, as applicable, compliance with any regulation

Consultation.
Time period.

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Compliance.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2913

issued pursuant to such respective section, or compliance with any other applicable law or regulation. Such
guidance shall include information that is comparative
in nature with respect to—
‘‘(I) nonquantitative treatment limitations for
both medical and surgical benefits and mental
health and substance use disorder benefits;
‘‘(II) the processes, strategies, evidentiary
standards, and other factors used to apply the
limitations described in subclause (I); and
‘‘(III) the application of the limitations
described in subclause (I) to ensure that such
limitations are applied in parity with respect to
both medical and surgical benefits and mental
health and substance use disorder benefits.
‘‘(C) NONQUANTITATIVE TREATMENT LIMITATIONS.—The
guidance issued under this paragraph shall include clarifying information and illustrative examples of methods,
processes, strategies, evidentiary standards, and other factors that group health plans may use regarding the development and application of nonquantitative treatment limitations to ensure compliance with this section, section 2726
of the Public Health Service Act, or section 712 of the
Employee Retirement Income Security Act of 1974, as
applicable, (and any regulations promulgated pursuant to
such respective section), including—
‘‘(i) examples of methods of determining appropriate types of nonquantitative treatment limitations
with respect to both medical and surgical benefits and
mental health and substance use disorder benefits,
including nonquantitative treatment limitations pertaining to—
‘‘(I) medical management standards based on
medical necessity or appropriateness, or whether
a treatment is experimental or investigative;
‘‘(II) limitations with respect to prescription
drug formulary design; and
‘‘(III) use of fail-first or step therapy protocols;
‘‘(ii) examples of methods of determining—
‘‘(I) network admission standards (such as
credentialing); and
‘‘(II) factors used in provider reimbursement
methodologies (such as service type, geographic
market, demand for services, and provider supply,
practice size, training, experience, and licensure)
as such factors apply to network adequacy;
‘‘(iii) examples of sources of information that may
serve as evidentiary standards for the purposes of
making determinations regarding the development and
application of nonquantitative treatment limitations;
‘‘(iv) examples of specific factors, and the evidentiary standards used to evaluate such factors, used
by such plans in performing a nonquantitative treatment limitation analysis;
‘‘(v) examples of how specific evidentiary standards
may be used to determine whether treatments are
considered experimental or investigative;

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134 STAT. 2914

Determination.

Time period.

Analyses.
Effective date.

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Standards.

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PUBLIC LAW 116–260—DEC. 27, 2020
‘‘(vi) examples of how specific evidentiary standards may be applied to each service category or classification of benefits;
‘‘(vii) examples of methods of reaching appropriate
coverage determinations for new mental health or substance use disorder treatments, such as evidence-based
early intervention programs for individuals with a
serious mental illness and types of medical management techniques;
‘‘(viii) examples of methods of reaching appropriate
coverage determinations for which there is an indirect
relationship between the covered mental health or substance use disorder benefit and a traditional covered
medical and surgical benefit, such as residential treatment or hospitalizations involving voluntary or involuntary commitment; and
‘‘(ix) additional illustrative examples of methods,
processes, strategies, evidentiary standards, and other
factors for which the Secretary determines that additional guidance is necessary to improve compliance
with this section, section 2726 of the Public Health
Service Act, or section 712 of the Employee Retirement
Income Security Act of 1974, as applicable.
‘‘(D) PUBLIC COMMENT.—Prior to issuing any final guidance under this paragraph, the Secretary shall provide
a public comment period of not less than 60 days during
which any member of the public may provide comments
on a draft of the guidance.
‘‘(8) COMPLIANCE REQUIREMENTS.—
‘‘(A) NONQUANTITATIVE TREATMENT LIMITATION (NQTL)
REQUIREMENTS.—In the case of a group health plan that
provides both medical and surgical benefits and mental
health or substance use disorder benefits and that imposes
nonquantitative treatment limitations (referred to in this
section as ‘NQTLs’) on mental health or substance use
disorder benefits, such plan shall perform and document
comparative analyses of the design and application of
NQTLs and, beginning 45 days after the date of enactment
of the Consolidated Appropriations Act, 2021, make available to the Secretary, upon request, the comparative analyses and the following information:
‘‘(i) The specific plan terms or other relevant terms
regarding the NQTLs and a description of all mental
health or substance use disorder and medical or surgical benefits to which each such term applies in each
respective benefits classification.
‘‘(ii) The factors used to determine that the NQTLs
will apply to mental health or substance use disorder
benefits and medical or surgical benefits.
‘‘(iii) The evidentiary standards used for the factors
identified in clause (ii), when applicable, provided that
every factor shall be defined, and any other source
or evidence relied upon to design and apply the NQTLs
to mental health or substance use disorder benefits
and medical or surgical benefits.
‘‘(iv) The comparative analyses demonstrating that
the processes, strategies, evidentiary standards, and

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2915

other factors used to apply the NQTLs to mental health
or substance use disorder benefits, as written and in
operation, are comparable to, and are applied no more
stringently than, the processes, strategies, evidentiary
standards, and other factors used to apply the NQTLs
to medical or surgical benefits in the benefits classification.
‘‘(v) A disclosure of the specific findings and conclusions reached by the group health plan, including any
results of the analyses described in this subparagraph
that indicate that the plan is or is not in compliance
with this section.
‘‘(B) SECRETARY REQUEST PROCESS.—
‘‘(i) SUBMISSION UPON REQUEST.—The Secretary
shall request that a group health plan submit the
comparative analyses described in subparagraph (A)
for plans that involve potential violations of this section
or complaints regarding noncompliance with this section that concern NQTLs and any other instances in
which the Secretary determines appropriate. The Secretary shall request not fewer than 20 such analyses
per year.
‘‘(ii) ADDITIONAL INFORMATION.—In instances in
which the Secretary has concluded that the group
health plan has not submitted sufficient information
for the Secretary to review the comparative analyses
described in subparagraph (A), as requested under
clause (i), the Secretary shall specify to the plan the
information the plan must submit to be responsive
to the request under clause (i) for the Secretary to
review the comparative analyses described in subparagraph (A) for compliance with this section. Nothing
in this paragraph shall require the Secretary to conclude that a group health plan is in compliance with
this section solely based upon the inspection of the
comparative analyses described in subparagraph (A),
as requested under clause (i).
‘‘(iii) REQUIRED ACTION.—
‘‘(I) IN GENERAL.—In instances in which the
Secretary has reviewed the comparative analyses
described in subparagraph (A), as requested under
clause (i), and determined that the group health
plan is not in compliance with this section, the
plan—
‘‘(aa) shall specify to the Secretary the
actions the plan will take to be in compliance
with this section and provide to the Secretary
additional comparative analyses described in
subparagraph (A) that demonstrate compliance with this section not later than 45 days
after the initial determination by the Secretary that the plan is not in compliance; and
‘‘(bb) following the 45-day corrective action
period under item (aa), if the Secretary makes
a final determination that the plan still is
not in compliance with this section, not later
than 7 days after such determination, shall

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Disclosure.

Determinations.
Deadlines.

Notification.

PUBL260B

134 STAT. 2916

notify all individuals enrolled in the plan that
the plan has been determined to be not in
compliance with this section.
‘‘(II) EXEMPTION FROM DISCLOSURE.—Documents or communications produced in connection
with the Secretary’s recommendations to a group
health plan shall not be subject to disclosure
pursuant to section 552 of title 5, United States
Code.
‘‘(iv) REPORT.—Not later than 1 year after the date
of enactment of this paragraph, and not later than
October 1 of each year thereafter, the Secretary shall
submit to Congress, and make publicly available, a
report that contains—
‘‘(I) a summary of the comparative analyses
requested under clause (i), including the identity
of each group plan that is determined to be not
in compliance after the final determination by the
Secretary described in clause (iii)(I)(bb);
‘‘(II) the Secretary’s conclusions as to whether
each group health plan submitted sufficient
information for the Secretary to review the
comparative analyses requested under clause (i)
for compliance with this section;
‘‘(III) for each group health plan that did
submit sufficient information for the Secretary to
review the comparative analyses requested under
clause (i), the Secretary’s conclusions as to whether
and why the plan is in compliance with the disclosure requirements under this section;
‘‘(IV) the Secretary’s specifications described
in clause (ii) for each group health plan that the
Secretary determined did not submit sufficient
information for the Secretary to review the
comparative analyses requested under clause (i)
for compliance with this section; and
‘‘(V) the Secretary’s specifications described in
clause (iii) of the actions each group health plan
that the Secretary determined is not in compliance
with this section must take to be in compliance
with this section, including the reason why the
Secretary determined the plan is not in compliance.
‘‘(C) COMPLIANCE PROGRAM GUIDANCE DOCUMENT
UPDATE PROCESS.—
‘‘(i) IN GENERAL.—The Secretary shall include
instances of noncompliance that the Secretary discovers upon reviewing the comparative analyses
requested under subparagraph (B)(i) in the compliance
program guidance document described in paragraph
(6), as it is updated every 2 years, except that such
instances shall not disclose any protected health
information or individually identifiable information.
‘‘(ii) GUIDANCE AND REGULATIONS.—Not later than
18 months after the date of enactment of this paragraph, the Secretary shall finalize any draft or interim
guidance and regulations relating to mental health

Public
information.

Summary.

Time period.

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Deadline.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2917

parity under this section. Such draft guidance shall
include guidance to clarify the process and timeline
for current and potential participants and beneficiaries
(and authorized representatives and health care providers of such participants and beneficiaries) with
respect to plans to file complaints of such plans being
in violation of this section, including guidance, by plan
type, on the relevant State, regional, or national office
with which such complaints should be filed.
‘‘(iii) STATE.—The Secretary shall share information on findings of compliance and noncompliance
discovered upon reviewing the comparative analyses
requested under subparagraph (B)(i) shall be shared
with the State where the group health plan is located,
in accordance with paragraph (6)(B)(iii)(II).’’.
(4) MEDICAID AND CHIP COMPLIANCE.—
(A) MEDICAID MANAGED CARE ORGANIZATIONS.—Section
1932(b)(8) of the Social Security Act (42 U.S.C. 1396u–
2(b)(8)) is amended by adding at the end the following
new sentence: ‘‘In applying the previous sentence with
respect to requirements under paragraph (8) of section
2726(a) of the Public Health Service Act, a Medicaid managed care organization (or a prepaid inpatient health plan
(as defined by the Secretary) or prepaid ambulatory health
plan (as defined by the Secretary) that offers services to
enrollees of a Medicaid managed care organization) shall
be treated as in compliance with such requirements if
the Medicaid managed care organization (or prepaid
inpatient health plan or prepaid ambulatory health plan)
is in compliance with subpart K of part 438 of title 42,
Code of Federal Regulations, and section 438.3(n) of such
title, or any successor regulation.’’.
(B) OTHER BENCHMARK BENEFIT PACKAGES OR BENCHMARK EQUIVALENT COVERAGE.—Section 1937(b)(6)(A) of
such Act (42 U.S.C. 1396u–7(b)(6)(A)) is amended—
(i) by striking ‘‘section 2705(a)’’ and inserting ‘‘section 2726(a)’’; and
(ii) by adding at the end the following new sentence: ‘‘In applying the previous sentence with respect
to requirements under paragraph (8) of section 2726(a)
of the Public Health Service Act, a benchmark benefit
package or benchmark equivalent coverage described
in such sentence shall be treated as in compliance
with such requirements if the State plan under this
title or the benchmark benefit package or benefit
equivalent coverage, as applicable, is in compliance
with subpart C of part 440 of title 42, Code of Federal
Regulations, or any successor regulation.’’.
(C) STATE CHILD HEALTH PLANS.—Section 2103(c)(7)(A)
of the Social Security Act (42 U.S.C. 1397cc(c)(7)(A)) is
amended—
(i) by striking ‘‘section 2705(a)’’ and inserting ‘‘section 2726(a)’’; and
(ii) by adding at the end the following new sentence: ‘‘In applying the previous sentence with respect
to requirements under paragraph (8) of section 2726(a)
of the Public Health Service Act, a State child health

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134 STAT. 2918

26 USC 9812
note.

PUBLIC LAW 116–260—DEC. 27, 2020

plan described in such sentence shall be treated as
in compliance with such requirements if the State child
health plan is in compliance with section 457.496 of
title 42, Code of Federal Regulations, or any successor
regulation.’’.
(b) GUIDANCE.—The Secretary of Health and Human Services,
jointly with the Secretary of Labor and the Secretary of the
Treasury, shall issue guidance to carry out the amendments made
by paragraphs (1), (2), and (3) of subsection (a).
SEC. 204. REPORTING ON PHARMACY BENEFITS AND DRUG COSTS.

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(a) PHSA.—Part D of title XXVII of the Public Health Service
Act (42 U.S.C. 300gg et seq.), as amended by section 201, is further
amended by adding at the end the following:

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42 USC
300gg–120.

‘‘SEC. 2799A–10. REPORTING ON PHARMACY BENEFITS AND DRUG
COSTS.

Deadlines.

‘‘(a) IN GENERAL.—Not later than 1 year after the date of
enactment of the Consolidated Appropriations Act, 2021, and not
later than June 1 of each year thereafter, a group health plan
or health insurance issuer offering group or individual health insurance coverage (except for a church plan) shall submit to the Secretary, the Secretary of Labor, and the Secretary of the Treasury
the following information with respect to the health plan or coverage
in the previous plan year:
‘‘(1) The beginning and end dates of the plan year.
‘‘(2) The number of enrollees.
‘‘(3) Each State in which the plan or coverage is offered.
‘‘(4) The 50 brand prescription drugs most frequently dispensed by pharmacies for claims paid by the plan or coverage,
and the total number of paid claims for each such drug.
‘‘(5) The 50 most costly prescription drugs with respect
to the plan or coverage by total annual spending, and the
annual amount spent by the plan or coverage for each such
drug.
‘‘(6) The 50 prescription drugs with the greatest increase
in plan expenditures over the plan year preceding the plan
year that is the subject of the report, and, for each such drug,
the change in amounts expended by the plan or coverage in
each such plan year.
‘‘(7) Total spending on health care services by such group
health plan or health insurance coverage, broken down by—
‘‘(A) the type of costs, including—
‘‘(i) hospital costs;
‘‘(ii) health care provider and clinical service costs,
for primary care and specialty care separately;
‘‘(iii) costs for prescription drugs; and
‘‘(iv) other medical costs, including wellness services; and
‘‘(B) spending on prescription drugs by—
‘‘(i) the health plan or coverage; and
‘‘(ii) the enrollees.
‘‘(8) The average monthly premium—
‘‘(A) paid by employers on behalf of enrollees, as
applicable; and
‘‘(B) paid by enrollees.
‘‘(9) Any impact on premiums by rebates, fees, and any
other remuneration paid by drug manufacturers to the plan

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2919

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or coverage or its administrators or service providers, with
respect to prescription drugs prescribed to enrollees in the
plan or coverage, including—
‘‘(A) the amounts so paid for each therapeutic class
of drugs; and
‘‘(B) the amounts so paid for each of the 25 drugs
that yielded the highest amount of rebates and other remuneration under the plan or coverage from drug manufacturers during the plan year.
‘‘(10) Any reduction in premiums and out-of-pocket costs
associated with rebates, fees, or other remuneration described
in paragraph (9).
‘‘(b) REPORT.—Not later than 18 months after the date on
which the first report is required under subsection (a) and biannually thereafter, the Secretary, acting through the Assistant Secretary of Planning and Evaluation and in coordination with the
Inspector General of the Department of Health and Human Services, shall make available on the internet website of the Department
of Health and Human Services a report on prescription drug
reimbursements under group health plans and group and individual
health insurance coverage, prescription drug pricing trends, and
the role of prescription drug costs in contributing to premium
increases or decreases under such plans or coverage, aggregated
in such a way as no drug or plan specific information will be
made public.
‘‘(c) PRIVACY PROTECTIONS.—No confidential or trade secret
information submitted to the Secretary under subsection (a) shall
be included in the report under subsection (b).’’.
(b) ERISA.—Subpart B of part 7 of subtitle B of title I of
the Employee Retirement Income Security Act of 1974 (29 U.S.C.
1185 et seq.), as amended by section 201, is further amended
by adding at the end the following:

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Coordination.
Web posting.

‘‘SEC. 725. REPORTING ON PHARMACY BENEFITS AND DRUG COSTS.

29 USC 1185n.

‘‘(a) IN GENERAL.—Not later than 1 year after the date of
enactment of the Consolidated Appropriations Act, 2021, and not
later than June 1 of each year thereafter, a group health plan
(or health insurance coverage offered in connection with such a
plan) shall submit to the Secretary, the Secretary of Health and
Human Services, and the Secretary of the Treasury the following
information with respect to the health plan or coverage in the
previous plan year:
‘‘(1) The beginning and end dates of the plan year.
‘‘(2) The number of participants and beneficiaries.
‘‘(3) Each State in which the plan or coverage is offered.
‘‘(4) The 50 brand prescription drugs most frequently dispensed by pharmacies for claims paid by the plan or coverage,
and the total number of paid claims for each such drug.
‘‘(5) The 50 most costly prescription drugs with respect
to the plan or coverage by total annual spending, and the
annual amount spent by the plan or coverage for each such
drug.
‘‘(6) The 50 prescription drugs with the greatest increase
in plan expenditures over the plan year preceding the plan
year that is the subject of the report, and, for each such drug,
the change in amounts expended by the plan or coverage in
each such plan year.

Deadlines.

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134 STAT. 2920

‘‘(7) Total spending on health care services by such group
health plan or health insurance coverage, broken down by—
‘‘(A) the type of costs, including—
‘‘(i) hospital costs;
‘‘(ii) health care provider and clinical service costs,
for primary care and specialty care separately;
‘‘(iii) costs for prescription drugs; and
‘‘(iv) other medical costs, including wellness services; and
‘‘(B) spending on prescription drugs by—
‘‘(i) the health plan or coverage; and
‘‘(ii) the participants and beneficiaries.
‘‘(8) The average monthly premium—
‘‘(A) paid by employers on behalf of participants and
beneficiaries, as applicable; and
‘‘(B) paid by participants and beneficiaries.
‘‘(9) Any impact on premiums by rebates, fees, and any
other remuneration paid by drug manufacturers to the plan
or coverage or its administrators or service providers, with
respect to prescription drugs prescribed to participants or beneficiaries in the plan or coverage, including—
‘‘(A) the amounts so paid for each therapeutic class
of drugs; and
‘‘(B) the amounts so paid for each of the 25 drugs
that yielded the highest amount of rebates and other remuneration under the plan or coverage from drug manufacturers during the plan year.
‘‘(10) Any reduction in premiums and out-of-pocket costs
associated with rebates, fees, or other remuneration described
in paragraph (9).
‘‘(b) REPORT.—Not later than 18 months after the date on
which the first report is required under subsection (a) and biannually thereafter, the Secretary, acting in coordination with the
Inspector General of the Department of Labor, shall make available
on the internet website of the Department of Labor a report on
prescription drug reimbursements under group health plans (or
health insurance coverage offered in connection with such a plan),
prescription drug pricing trends, and the role of prescription drug
costs in contributing to premium increases or decreases under such
plans or coverage, aggregated in such a way as no drug or plan
specific information will be made public.
‘‘(c) PRIVACY PROTECTIONS.—No confidential or trade secret
information submitted to the Secretary under subsection (a) shall
be included in the report under subsection (b).’’.
(c) IRC.—Subchapter B of chapter 100 of the Internal Revenue
Code of 1986, as amended by section 201, is further amended
by adding at the end the following:

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Coordination.
Web posting.

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PUBLIC LAW 116–260—DEC. 27, 2020

26 USC 9825.

‘‘SEC. 9825. REPORTING ON PHARMACY BENEFITS AND DRUG COSTS.

Deadlines.

‘‘(a) IN GENERAL.—Not later than 1 year after the date of
enactment of the Consolidated Appropriations Act, 2021, and not
later than June 1 of each year thereafter, a group health plan
shall submit to the Secretary, the Secretary of Health and Human
Services, and the Secretary of Labor the following information with
respect to the health plan in the previous plan year:
‘‘(1) The beginning and end dates of the plan year.
‘‘(2) The number of participants and beneficiaries.

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134 STAT. 2921

‘‘(3) Each State in which the plan is offered.
‘‘(4) The 50 brand prescription drugs most frequently dispensed by pharmacies for claims paid by the plan, and the
total number of paid claims for each such drug.
‘‘(5) The 50 most costly prescription drugs with respect
to the plan by total annual spending, and the annual amount
spent by the plan for each such drug.
‘‘(6) The 50 prescription drugs with the greatest increase
in plan expenditures over the plan year preceding the plan
year that is the subject of the report, and, for each such drug,
the change in amounts expended by the plan in each such
plan year.
‘‘(7) Total spending on health care services by such group
health plan, broken down by—
‘‘(A) the type of costs, including—
‘‘(i) hospital costs;
‘‘(ii) health care provider and clinical service costs,
for primary care and specialty care separately;
‘‘(iii) costs for prescription drugs; and
‘‘(iv) other medical costs, including wellness services; and
‘‘(B) spending on prescription drugs by—
‘‘(i) the health plan; and
‘‘(ii) the participants and beneficiaries.
‘‘(8) The average monthly premium—
‘‘(A) paid by employers on behalf of participants and
beneficiaries, as applicable; and
‘‘(B) paid by participants and beneficiaries.
‘‘(9) Any impact on premiums by rebates, fees, and any
other remuneration paid by drug manufacturers to the plan
or its administrators or service providers, with respect to
prescription drugs prescribed to participants or beneficiaries
in the plan, including—
‘‘(A) the amounts so paid for each therapeutic class
of drugs; and
‘‘(B) the amounts so paid for each of the 25 drugs
that yielded the highest amount of rebates and other remuneration under the plan from drug manufacturers during
the plan year.
‘‘(10) Any reduction in premiums and out-of-pocket costs
associated with rebates, fees, or other remuneration described
in paragraph (9).
‘‘(b) REPORT.—Not later than 18 months after the date on
which the first report is required under subsection (a) and biannually thereafter, the Secretary, acting in coordination with the
Inspector General of the Department of the Treasury, shall make
available on the internet website of the Department of the Treasury
a report on prescription drug reimbursements under group health
plans, prescription drug pricing trends, and the role of prescription
drug costs in contributing to premium increases or decreases under
such plans, aggregated in such a way as no drug or plan specific
information will be made public.
‘‘(c) PRIVACY PROTECTIONS.—No confidential or trade secret
information submitted to the Secretary under subsection (a) shall
be included in the report under subsection (b).’’.
(d) CLERICAL AMENDMENTS.—

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Coordination.
Web posting.

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134 STAT. 2922

PUBLIC LAW 116–260—DEC. 27, 2020
(1) ERISA.—The table of contents in section 1 of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1001 et seq.), as amended by section 201, is further amended
by inserting after the item relating to section 724 the following
new item:

‘‘Sec. 725. Reporting on pharmacy benefits and drug costs.’’.

(2) IRC.—The table of sections for subchapter B of chapter
100 of the Internal Revenue Code of 1986, as amended by
section 201, is further amended by adding at the end the
following new item:

26 USC 9811
prec.

‘‘Sec. 9825. Reporting on pharmacy benefits and drug costs.’’.

TITLE III—PUBLIC HEALTH
PROVISIONS
Subtitle A—Extenders Provisions

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SEC. 301. EXTENSION FOR COMMUNITY HEALTH CENTERS, THE
NATIONAL HEALTH SERVICE CORPS, AND TEACHING
HEALTH CENTERS THAT OPERATE GME PROGRAMS.

(a) COMMUNITY HEALTH CENTERS.—Section 10503(b)(1)(F) of
the Patient Protection and Affordable Care Act (42 U.S.C. 254b–
2(b)(1)(F)) is amended by striking ‘‘, $4,000,000,000 for fiscal year
2019, $4,000,000,000 for fiscal year 2020, and $865,753,425 for
the period beginning on October 1, 2020, and ending on December
18, 2020’’ and inserting ‘‘and $4,000,000,000 for each of fiscal years
2019 through 2023’’.
(b) NATIONAL HEALTH SERVICE CORPS.—Section 10503(b)(2)(H)
of the Patient Protection and Affordable Care Act (42 U.S.C. 254b–
2(b)(2)(H)) is amended by striking ‘‘ $67,095,890 for the period
beginning on October 1, 2020, and ending on December 18, 2020’’
and inserting ‘‘ $310,000,000 for each of fiscal years 2021 through
2023’’.
(c) TEACHING HEALTH CENTERS THAT OPERATE GRADUATE MEDICAL EDUCATION PROGRAMS.—Section 340H(g)(1) of the Public
Health Service Act (42 U.S.C. 256h(g)(1)) is amended—
(1) by inserting ‘‘and’’ after ‘‘2017,’’; and
(2) by striking ‘‘fiscal year 2020, and $27,379,452 for the
period beginning on October 1, 2020, and ending on December
18, 2020’’ and inserting ‘‘2023’’.
(d) APPLICATION OF PROVISIONS.—Amounts appropriated pursuant to the amendments made by this section for fiscal years 2021
through 2023 shall be subject to the requirements contained in
Public Law 116–94 for funds for programs authorized under sections
330 through 340 of the Public Health Service Act.
(e) CONFORMING AMENDMENTS.—Paragraph (4) of section
3014(h) of title 18, United States Code, as amended by section
1201(e) of the Further Continuing Appropriations Act, 2021, and
Other Extensions Act, is amended by striking ‘‘and section 1201(d)
of the Further Continuing Appropriations Act, 2021, and Other
Extensions Act’’ and inserting ‘‘, section 1201(d) of the Further
Continuing Appropriations Act, 2021, and Other Extensions Act,

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2923

and section 301(d) of division BB of the Consolidated Appropriations
Act, 2021.’’.
SEC. 302. DIABETES PROGRAMS.

(a) TYPE I.—Section 330B(b)(2)(D) of the Public Health Service
Act (42 U.S.C. 254c–2(b)(2)(D)) is amended by striking ‘‘2020, and
$32,465,753 for the period beginning on October 1, 2020, and ending
on December 18, 2020’’ and inserting ‘‘2023’’.
(b) INDIANS.—Section 330C(c)(2)(D) of the Public Health Service
Act (42 U.S.C. 254c–3(c)(2)(D)) is amended by striking ‘‘2020, and
$32,465,753 for the period beginning on October 1, 2020, and ending
on December 18, 2020’’ and inserting ‘‘2023’’.

Subtitle B—Strengthening Public Health

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SEC. 311. IMPROVING AWARENESS OF DISEASE PREVENTION.

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(a) IN GENERAL.—The Public Health Service Act is amended
by striking section 313 of such Act (42 U.S.C. 245) and inserting
the following:

Repeal.

‘‘SEC. 313. PUBLIC AWARENESS CAMPAIGN ON THE IMPORTANCE OF
VACCINATIONS.

42 USC 245.

‘‘(a) IN GENERAL.—The Secretary, acting through the Director
of the Centers for Disease Control and Prevention and in coordination with other offices and agencies, as appropriate, shall award
competitive grants or contracts to one or more public or private
entities to carry out a national, evidence-based campaign to increase
awareness and knowledge of the safety and effectiveness of vaccines
for the prevention and control of diseases, combat misinformation
about vaccines, and disseminate scientific and evidence-based vaccine-related information, with the goal of increasing rates of vaccination across all ages, as applicable, particularly in communities
with low rates of vaccination, to reduce and eliminate vaccinepreventable diseases.
‘‘(b) CONSULTATION.—In carrying out the campaign under this
section, the Secretary shall consult with appropriate public health
and medical experts, including the National Academy of Medicine
and medical and public health associations and nonprofit organizations, in the development, implementation, and evaluation of the
evidence-based public awareness campaign.
‘‘(c) REQUIREMENTS.—The campaign under this section shall—
‘‘(1) be a nationwide, evidence-based media and public
engagement initiative;
‘‘(2) include the development of resources for communities
with low rates of vaccination, including culturally and linguistically appropriate resources, as applicable;
‘‘(3) include the dissemination of vaccine information and
communication resources to public health departments, health
care providers, and health care facilities, including such providers and facilities that provide prenatal and pediatric care;
‘‘(4) be complementary to, and coordinated with, any other
Federal, State, local, or Tribal efforts, as appropriate; and
‘‘(5) assess the effectiveness of communication strategies
to increase rates of vaccination.
‘‘(d) ADDITIONAL ACTIVITIES.—The campaign under this section
may—

Coordination.
Grants.
Contracts.

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Assessment.

PUBL260B

134 STAT. 2924

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Assessments.

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‘‘(1) include the use of television, radio, the internet, and
other media and telecommunications technologies;
‘‘(2) include the use of in-person activities;
‘‘(3) be focused to address specific needs of communities
and populations with low rates of vaccination; and
‘‘(4) include the dissemination of scientific and evidencebased vaccine-related information, such as—
‘‘(A) advancements in evidence-based research related
to diseases that may be prevented by vaccines and vaccine
development;
‘‘(B) information on vaccinations for individuals and
communities, including individuals for whom vaccines are
not recommended by the Advisory Committee for
Immunization Practices, and the effects of low vaccination
rates within a community on such individuals;
‘‘(C) information on diseases that may be prevented
by vaccines; and
‘‘(D) information on vaccine safety and the systems
in place to monitor vaccine safety.
‘‘(e) EVALUATION.—The Secretary shall—
‘‘(1) establish benchmarks and metrics to quantitatively
measure and evaluate the awareness campaign under this section;
‘‘(2) conduct qualitative assessments regarding the awareness campaign under this section; and
‘‘(3) prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and Committee on
Energy and Commerce of the House of Representatives an
evaluation of the awareness campaign under this section.
‘‘(f) SUPPLEMENT NOT SUPPLANT.—Funds appropriated under
this section shall be used to supplement and not supplant other
Federal, State, and local public funds provided for activities
described in this section.
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section and subsections (k)
and (n) of section 317, $15,000,000 for each of fiscal years 2021
through 2025.’’.
(b) GRANTS TO ADDRESS VACCINE-PREVENTABLE DISEASES.—Section 317 of the Public Health Service Act (42 U.S.C. 247b) is
amended—
(1) in subsection (k)(1)—
(A) in subparagraph (C), by striking ‘‘; and’’ and
inserting a semicolon;
(B) in subparagraph (D), by striking the period and
inserting a semicolon; and
(C) by adding at the end the following:
‘‘(E) planning, implementation, and evaluation of activities
to address vaccine-preventable diseases, including activities
to—
‘‘(i) identify communities at high risk of outbreaks
related to vaccine-preventable diseases, including through
improved data collection and analysis;
‘‘(ii) pilot innovative approaches to improve vaccination
rates in communities and among populations with low rates
of vaccination;

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134 STAT. 2925

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‘‘(iii) reduce barriers to accessing vaccines and evidence-based information about the health effects of vaccines;
‘‘(iv) partner with community organizations and health
care providers to develop and deliver evidence-based interventions, including culturally and linguistically appropriate
interventions, to increase vaccination rates;
‘‘(v) improve delivery of evidence-based vaccine-related
information to parents and others; and
‘‘(vi) improve the ability of State, local, Tribal, and
territorial public health departments to engage communities at high risk for outbreaks related to vaccine-preventable diseases, including, as appropriate, with local educational agencies, as defined in section 8101 of the
Elementary and Secondary Education Act of 1965; and
‘‘(F) research related to strategies for improving awareness
of scientific and evidence-based vaccine-related information,
including for communities with low rates of vaccination, in
order to understand barriers to vaccination, improve vaccination rates, and assess the public health outcomes of such strategies.’’; and
(2) by adding at the end the following:
‘‘(n) VACCINATION DATA.—The Secretary, acting through the
Director of the Centers for Disease Control and Prevention, shall
expand and enhance, and, as appropriate, establish and improve,
programs and conduct activities to collect, monitor, and analyze
vaccination coverage data to assess levels of protection from vaccinepreventable diseases, including by assessing factors contributing
to underutilization of vaccines and variations of such factors, and
identifying communities at high risk of outbreaks associated with
vaccine-preventable diseases.’’.
(c) SUPPLEMENTAL GRANT FUNDS.—Section 330(d)(1) of the
Public Health Service Act (42 U.S.C. 254b) is amended—
(1) in subparagraph (F), by striking ‘‘and’’ at the end;
(2) in subparagraph (G), by striking the period and
inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(H) improving access to recommended immunizations.’’.
(d) UPDATE OF 2015 NVAC REPORT.—The National Vaccine
Advisory Committee established under section 2105 of the Public
Health Service Act (42 U.S.C. 300aa–5) shall, as appropriate, update
the report entitled, ‘‘Assessing the State of Vaccine Confidence
in the United States: Recommendations from the National Vaccine
Advisory Committee’’, approved by the National Vaccine Advisory
Committee on June 10, 2015, with respect to factors affecting childhood vaccination.

VerDate Sep 11 2014

Analysis.
Assessments.

SEC. 312. GUIDE ON EVIDENCE-BASED STRATEGIES FOR PUBLIC
HEALTH DEPARTMENT OBESITY PREVENTION PROGRAMS.

42 USC 280h–3
note.

(a) DEVELOPMENT AND DISSEMINATION OF AN EVIDENCE-BASED
STRATEGIES GUIDE.—The Secretary of Health and Human Services
(referred to in this section as the ‘‘Secretary’’), acting through the
Director of the Centers for Disease Control and Prevention, not
later than 2 years after the date of enactment of this Act, may—

Deadline.

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134 STAT. 2926
Consultation.
Native
Americans.

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Recommendations.

Definitions.

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PUBLIC LAW 116–260—DEC. 27, 2020

(1) develop a guide on evidence-based strategies for State,
territorial, and local health departments to use to build and
maintain effective obesity prevention and reduction programs,
and, in consultation with Indian Tribes, Tribal organizations,
and urban Indian organizations, a guide on such evidencebased strategies with respect to Indian Tribes and Tribal
organizations for such Indian Tribes and Tribal organizations
to use for such purpose, both of which guides shall—
(A) describe an integrated program structure for implementing interventions proven to be effective in preventing
and reducing the incidence of obesity; and
(B) recommend—
(i) optimal resources, including staffing and infrastructure, for promoting nutrition and obesity prevention and reduction; and
(ii) strategies for effective obesity prevention programs for State, territorial, and local health departments, Indian Tribes, and Tribal organizations,
including strategies related to—
(I) the application of evidence-based and evidence-informed practices to prevent and reduce
obesity rates;
(II) the development, implementation, and
evaluation of obesity prevention and reduction
strategies for specific communities and populations;
(III) demonstrated knowledge of obesity
prevention practices that reduce associated
preventable diseases, health conditions, death, and
health care costs;
(IV) best practices for the coordination of
efforts to prevent and reduce obesity and related
chronic diseases;
(V) addressing the underlying risk factors and
social determinants of health that impact obesity
rates; and
(VI) interdisciplinary coordination between relevant public health officials specializing in fields
such as nutrition, physical activity, epidemiology,
communications, and policy implementation, and
collaboration between public health officials,
community-based organizations, and others, as
appropriate; and
(2) disseminate the guides and current research, evidencebased practices, tools, and educational materials related to
obesity prevention, consistent with the guides, to State, territorial, and local health departments, Indian Tribes, and Tribal
organizations.
(b) TECHNICAL ASSISTANCE.—The Secretary, acting through the
Director of the Centers for Disease Control and Prevention, shall
provide technical assistance to State, territorial, and local health
departments, Indian Tribes, and Tribal organizations to support
such health departments in implementing the guide developed
under subsection (a)(1).
(c) INDIAN TRIBES; TRIBAL ORGANIZATIONS; URBAN INDIAN
ORGANIZATIONS.—In this section—

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2927

(1) the terms ‘‘Indian Tribe’’ and ‘‘Tribal organization’’ have
the meanings given the terms ‘‘Indian tribe’’ and ‘‘tribal
organization’’, respectively, in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304); and
(2) the term ‘‘urban Indian organization’’ has the meaning
given such term in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603).
SEC. 313. EXPANDING CAPACITY FOR HEALTH OUTCOMES.

Title III of the Public Health Service Act is amended by
inserting after section 330M (42 U.S.C. 254c–19) the following:

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‘‘SEC. 330N. EXPANDING CAPACITY FOR HEALTH OUTCOMES.

‘‘(a) DEFINITIONS.—In this section:
‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible entity’ means an
entity that provides, or supports the provision of, health care
services in rural areas, frontier areas, health professional shortage areas, or medically underserved areas, or to medically
underserved populations or Native Americans, including Indian
Tribes, Tribal organizations, and urban Indian organizations,
and which may include entities leading, or capable of leading,
a technology-enabled collaborative learning and capacity
building model or engaging in technology-enabled collaborative
training of participants in such model.
‘‘(2) HEALTH PROFESSIONAL SHORTAGE AREA.—The term
‘health professional shortage area’ means a health professional
shortage area designated under section 332.
‘‘(3) INDIAN TRIBE.—The terms ‘Indian Tribe’ and ‘Tribal
organization’ have the meanings given the terms ‘Indian tribe’
and ‘tribal organization’ in section 4 of the Indian Self-Determination and Education Assistance Act.
‘‘(4) MEDICALLY UNDERSERVED POPULATION.—The term
‘medically underserved population’ has the meaning given the
term in section 330(b)(3).
‘‘(5) NATIVE AMERICANS.—The term ‘Native Americans’ has
the meaning given the term in section 736 and includes Indian
Tribes and Tribal organizations.
‘‘(6) TECHNOLOGY-ENABLED COLLABORATIVE LEARNING AND
CAPACITY BUILDING MODEL.—The term ‘technology-enabled
collaborative learning and capacity building model’ means a
distance health education model that connects health care
professionals, and particularly specialists, with multiple other
health care professionals through simultaneous interactive
videoconferencing for the purpose of facilitating case-based
learning, disseminating best practices, and evaluating outcomes.
‘‘(7) URBAN INDIAN ORGANIZATION.—The term ‘urban Indian
organization’ has the meaning given the term in section 4
of the Indian Health Care Improvement Act.
‘‘(b) PROGRAM ESTABLISHED.—The Secretary shall, as appropriate, award grants to evaluate, develop, and, as appropriate,
expand the use of technology-enabled collaborative learning and
capacity building models, to improve retention of health care providers and increase access to health care services, such as those
to address chronic diseases and conditions, infectious diseases,
mental health, substance use disorders, prenatal and maternal
health, pediatric care, pain management, palliative care, and other
specialty care in rural areas, frontier areas, health professional

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42 USC
254c–20.

Grants.
Evaluation.

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134 STAT. 2928

Contracts.
Coordination.
Assessment.

Assessment.

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Coordination.

Contracts.

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shortage areas, or medically underserved areas and for medically
underserved populations or Native Americans.
‘‘(c) USE OF FUNDS.—
‘‘(1) IN GENERAL.—Grants awarded under subsection (b)
shall be used for—
‘‘(A) the development and acquisition of instructional
programming, and the training of health care providers
and other professionals that provide or assist in the provision of services through models described in subsection
(b), such as training on best practices for data collection
and leading or participating in such technology-enabled
activities consistent with technology-enabled collaborative
learning and capacity-building models;
‘‘(B) information collection and evaluation activities to
study the impact of such models on patient outcomes and
health care providers, and to identify best practices for
the expansion and use of such models; or
‘‘(C) other activities consistent with achieving the objectives of the grants awarded under this section, as determined by the Secretary.
‘‘(2) OTHER USES.—In addition to any of the uses under
paragraph (1), grants awarded under subsection (b) may be
used for—
‘‘(A) equipment to support the use and expansion of
technology-enabled collaborative learning and capacity
building models, including for hardware and software that
enables distance learning, health care provider support,
and the secure exchange of electronic health information;
or
‘‘(B) support for health care providers and other professionals that provide or assist in the provision of services
through such models.
‘‘(d) LENGTH OF GRANTS.—Grants awarded under subsection
(b) shall be for a period of up to 5 years.
‘‘(e) GRANT REQUIREMENTS.—The Secretary may require entities
awarded a grant under this section to collect information on the
effect of the use of technology-enabled collaborative learning and
capacity building models, such as on health outcomes, access to
health care services, quality of care, and provider retention in
areas and populations described in subsection (b). The Secretary
may award a grant or contract to assist in the coordination of
such models, including to assess outcomes associated with the use
of such models in grants awarded under subsection (b), including
for the purpose described in subsection (c)(1)(B).
‘‘(f) APPLICATION.—An eligible entity that seeks to receive a
grant under subsection (b) shall submit to the Secretary an application, at such time, in such manner, and containing such information
as the Secretary may require. Such application shall include plans
to assess the effect of technology-enabled collaborative learning
and capacity building models on patient outcomes and health care
providers.
‘‘(g) ACCESS TO BROADBAND.—In administering grants under
this section, the Secretary may coordinate with other agencies to
ensure that funding opportunities are available to support access
to reliable, high-speed internet for grantees.
‘‘(h) TECHNICAL ASSISTANCE.—The Secretary shall provide
(either directly through the Department of Health and Human

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2929

Services or by contract) technical assistance to eligible entities,
including recipients of grants under subsection (b), on the development, use, and evaluation of technology-enabled collaborative
learning and capacity building models in order to expand access
to health care services provided by such entities, including for
medically underserved areas and to medically underserved populations or Native Americans.
‘‘(i) RESEARCH AND EVALUATION.—The Secretary, in consultation with stakeholders with appropriate expertise in such models,
shall develop a strategic plan to research and evaluate the evidence
for such models. The Secretary shall use such plan to inform the
activities carried out under this section.
‘‘(j) REPORT BY SECRETARY.—Not later than 4 years after the
date of enactment of this section, the Secretary shall prepare and
submit to the Committee on Health, Education, Labor, and Pensions
of the Senate and the Committee on Energy and Commerce of
the House of Representatives, and post on the internet website
of the Department of Health and Human Services, a report
including, at minimum—
‘‘(1) a description of any new and continuing grants
awarded to entities under subsection (b) and the specific purpose and amounts of such grants;
‘‘(2) an overview of—
‘‘(A) the evaluations conducted under subsections (b);
‘‘(B) technical assistance provided under subsection (h);
and
‘‘(C) activities conducted by entities awarded grants
under subsection (b); and
‘‘(3) a description of any significant findings or developments related to patient outcomes or health care providers
and best practices for eligible entities expanding, using, or
evaluating technology-enabled collaborative learning and
capacity building models, including through the activities
described in subsection (h).
‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section $10,000,000 for each
of fiscal years 2022 through 2026.’’.

Consultation.
Strategic plan.

Web posting.

SEC. 314. PUBLIC HEALTH DATA SYSTEM MODERNIZATION.

Subtitle C of title XXVIII of the Public Health Service Act
(42 U.S.C. 300hh–31 et seq.) is amended by adding at the end
the following:

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‘‘SEC. 2823. PUBLIC HEALTH DATA SYSTEM MODERNIZATION.

‘‘(a) EXPANDING CDC AND PUBLIC HEALTH DEPARTMENT
CAPABILITIES.—
‘‘(1) IN GENERAL.—The Secretary, acting through the
Director of the Centers for Disease Control and Prevention,
shall—
‘‘(A) conduct activities to expand, modernize, improve,
and sustain applicable public health data systems used
by the Centers for Disease Control and Prevention,
including with respect to the interoperability and improvement of such systems (including as it relates to preparedness for, prevention and detection of, and response to public
health emergencies); and
‘‘(B) award grants or cooperative agreements to State,
local, Tribal, or territorial public health departments for

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42 USC
300hh–33.

Grants.
Contracts.

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134 STAT. 2930

the expansion and modernization of public health data
systems, to assist public health departments and public
health laboratories in—
‘‘(i) assessing current data infrastructure capabilities and gaps to—
‘‘(I) improve and increase consistency in data
collection, storage, and analysis; and
‘‘(II) as appropriate, improve dissemination of
public health-related information;
‘‘(ii) improving secure public health data collection,
transmission, exchange, maintenance, and analysis,
including with respect to demographic data, as appropriate;
‘‘(iii) improving the secure exchange of data
between the Centers for Disease Control and Prevention, State, local, Tribal, and territorial public health
departments, public health laboratories, public health
organizations, and health care providers, including by
public health officials in multiple jurisdictions within
such State, as appropriate, and by simplifying and
supporting reporting by health care providers, as
applicable, pursuant to State law, including through
the use of health information technology;
‘‘(iv) enhancing the interoperability of public health
data systems (including systems created or accessed
by public health departments) with health information
technology, including with health information technology certified under section 3001(c)(5);
‘‘(v) supporting and training data systems, data
science, and informatics personnel;
‘‘(vi) supporting earlier disease and health condition detection, such as through near real-time data
monitoring, to support rapid public health responses;
‘‘(vii) supporting activities within the applicable
jurisdiction related to the expansion and modernization
of electronic case reporting; and
‘‘(viii) developing and disseminating information
related to the use and importance of public health
data.
‘‘(2) DATA STANDARDS.—In carrying out paragraph (1), the
Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall, as appropriate and in consultation with the Office of the National Coordinator for Health
Information Technology, designate data and technology standards (including standards for interoperability) for public health
data systems, with deference given to standards published by
consensus-based standards development organizations with
public input and voluntary consensus-based standards bodies.
‘‘(3) PUBLIC-PRIVATE PARTNERSHIPS.—The Secretary may
develop and utilize public-private partnerships for technical
assistance, training, and related implementation support for
State, local, Tribal, and territorial public health departments,
and the Centers for Disease Control and Prevention, on the
expansion and modernization of electronic case reporting and
public health data systems, as applicable.
‘‘(b) REQUIREMENTS.—

Assessments.

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Consultation.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2931

‘‘(1) HEALTH INFORMATION TECHNOLOGY STANDARDS.—The
Secretary may not award a grant or cooperative agreement
under subsection (a)(1)(B) unless the applicant uses or agrees
to use standards endorsed by the National Coordinator for
Health Information Technology pursuant to section 3001(c)(1)
or adopted by the Secretary under section 3004.
‘‘(2) WAIVER.—The Secretary may waive the requirement
under paragraph (1) with respect to an applicant if the Secretary determines that the activities under subsection (a)(1)(B)
cannot otherwise be carried out within the applicable jurisdiction.
‘‘(3) APPLICATION.—A State, local, Tribal, or territorial
health department applying for a grant or cooperative agreement under this section shall submit an application to the
Secretary at such time and in such manner as the Secretary
may require. Such application shall include information
describing—
‘‘(A) the activities that will be supported by the grant
or cooperative agreement; and
‘‘(B) how the modernization of the public health data
systems involved will support or impact the public health
infrastructure of the health department, including a
description of remaining gaps, if any, and the actions
needed to address such gaps.
‘‘(c) STRATEGY AND IMPLEMENTATION PLAN.—Not later than 180
days after the date of enactment of this section, the Secretary,
acting through the Director of the Centers for Disease Control
and Prevention, shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on
Energy and Commerce of the House of Representatives a coordinated strategy and an accompanying implementation plan that
identifies and demonstrates the measures the Secretary will utilize
to—
‘‘(1) update and improve applicable public health data systems used by the Centers for Disease Control and Prevention;
and
‘‘(2) carry out the activities described in this section to
support the improvement of State, local, Tribal, and territorial
public health data systems.
‘‘(d) CONSULTATION.—The Secretary, acting through the
Director of the Centers for Disease Control and Prevention, shall
consult with State, local, Tribal, and territorial health departments,
professional medical and public health associations, associations
representing hospitals or other health care entities, health information technology experts, and other appropriate public or private
entities regarding the plan and grant program to modernize public
health data systems pursuant to this section. Activities under this
subsection may include the provision of technical assistance and
training related to the exchange of information by such public
health data systems used by relevant health care and public health
entities at the local, State, Federal, Tribal, and territorial levels,
and the development and utilization of public-private partnerships
for implementation support applicable to this section.
‘‘(e) REPORT TO CONGRESS.—Not later than 1 year after the
date of enactment of this section, the Secretary shall submit a
report to the Committee on Health, Education, Labor, and Pensions

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Deadline.

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134 STAT. 2932

Assessment.

Definition.

PUBLIC LAW 116–260—DEC. 27, 2020

of the Senate and the Committee on Energy and Commerce of
the House of Representatives that includes—
‘‘(1) a description of any barriers to—
‘‘(A) public health authorities implementing interoperable public health data systems and electronic case
reporting;
‘‘(B) the exchange of information pursuant to electronic
case reporting;
‘‘(C) reporting by health care providers using such
public health data systems, as appropriate, and pursuant
to State law; or
‘‘(D) improving demographic data collection or analysis;
‘‘(2) an assessment of the potential public health impact
of implementing electronic case reporting and interoperable
public health data systems; and
‘‘(3) a description of the activities carried out pursuant
to this section.
‘‘(f) ELECTRONIC CASE REPORTING.—In this section, the term
‘electronic case reporting’ means the automated identification,
generation, and bilateral exchange of reports of health events among
electronic health record or health information technology systems
and public health authorities.
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—To carry out this
section, there are authorized to be appropriated $100,000,000 for
each of fiscal years 2021 through 2025.’’.
SEC. 315. NATIVE AMERICAN SUICIDE PREVENTION.

Section 520E(b) of the Public Health Service Act (42 U.S.C.
290bb–36(b) is amended by inserting after paragraph (3) the following:
‘‘(4) CONSULTATION.—An entity described in paragraph
(1)(A) or (1)(B) that applies for a grant or cooperative agreement
under this section shall agree to consult or confer with entities
described in paragraph (1)(C) and Native Hawaiian Health
Care Systems, as applicable, in the applicable State with
respect to the development and implementation of a statewide
early intervention strategy.’’.
SEC. 316. REAUTHORIZATION OF THE YOUNG WOMEN’S BREAST
HEALTH EDUCATION AND AWARENESS REQUIRES
LEARNING YOUNG ACT OF 2009.

Section 399NN(h) of the Public Health Service Act (42 U.S.C.
280m(h)) is amended by striking ‘‘ $4,900,000 for each of fiscal
years 2015 through 2019’’ and inserting ‘‘ $9,000,000 for each of
fiscal years 2022 through 2026’’.
SEC. 317. REAUTHORIZATION OF SCHOOL-BASED HEALTH CENTERS.

Section 399Z–1(l) of the Public Health Service Act (42 U.S.C.
280h–5(l)) is amended by striking ‘‘2010 through 2014’’ and inserting
‘‘2022 through 2026’’.

Subtitle C—FDA Amendments
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SEC. 321. RARE PEDIATRIC DISEASE PRIORITY REVIEW VOUCHER
EXTENSION.

Section 529(b)(5) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360ff(b)(5)) is amended—

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2933

(1) by striking ‘‘December 18, 2020’’ each place it appears
and inserting ‘‘September 30, 2024’’; and
(2) in subparagraph (B), by striking ‘‘December 18, 2022’’
and inserting ‘‘September 30, 2026’’.
SEC. 322. CONDITIONS OF USE FOR BIOSIMILAR BIOLOGICAL PRODUCTS.

Section 351(k)(2)(A)(iii) of the Public Health Service Act (42
U.S.C. 262(k)(2)(A)(iii)) is amended—
(1) in subclause (I), by striking ‘‘; and’’ and inserting a
semicolon;
(2) in subclause (II), by striking the period and inserting
‘‘; and’’; and
(3) by adding at the end the following:
‘‘(III) may include information to show that
the conditions of use prescribed, recommended, or
suggested in the labeling proposed for the
biological product have been previously approved
for the reference product.’’.
SEC. 323. ORPHAN DRUG CLARIFICATION.

Section 527(c) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360cc(c)) is amended by adding at the end the following:
‘‘(3) APPLICABILITY.—This subsection applies to any drug
designated under section 526 for which an application was
approved under section 505 of this Act or licensed under section
351 of the Public Health Service Act after the date of enactment
of the FDA Reauthorization Act of 2017, regardless of the
date on which such drug was designated under section 526.’’.
SEC. 324. MODERNIZING THE LABELING OF CERTAIN GENERIC DRUGS.

Chapter V of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 351 et seq.) is amended by inserting after section 503C
the following:

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‘‘SEC. 503D. PROCESS TO UPDATE LABELING FOR CERTAIN GENERIC
DRUGS.

21 USC 353d.

‘‘(a) DEFINITIONS.—For purposes of this section:
‘‘(1) The term ‘covered drug’ means a drug approved under
section 505(c)—
‘‘(A) for which there are no unexpired patents included
in the list under section 505(j)(7) and no unexpired period
of exclusivity;
‘‘(B) for which the approval of the application has been
withdrawn for reasons other than safety or effectiveness;
and
‘‘(C) for which—
‘‘(i)(I) there is new scientific evidence available
pertaining to new or existing conditions of use that
is not reflected in the approved labeling;
‘‘(II) the approved labeling does not reflect current
legal and regulatory requirements for content or format; or
‘‘(III) there is a relevant accepted use in clinical
practice that is not reflected in the approved labeling;
and
‘‘(ii) updating the approved labeling would benefit
the public health.

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134 STAT. 2934

Contracts.
Review.
Public comments.

Determination.

Determination.
Notice.

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‘‘(2) The term ‘period of exclusivity’, with respect to a
drug approved under section 505(c), means any period of exclusivity under clause (ii), (iii), or (iv) of section 505(c)(3)(E), clause
(ii), (iii), or (iv) of section 505(j)(5)(F), or section 505A, 505E,
or 527.
‘‘(3) The term ‘generic version’ means a drug approved
under section 505(j) whose reference listed drug is a covered
drug.
‘‘(4) The term ‘relevant accepted use’ means a use for
a drug in clinical practice that is supported by scientific evidence that appears to the Secretary to meet the standards
for approval under section 505.
‘‘(5) The term ‘selected drug’ means a covered drug for
which the Secretary has determined through the process under
subsection (c) that the labeling should be changed.
‘‘(b) IDENTIFICATION OF COVERED DRUGS.—The Secretary may
identify covered drugs for which labeling updates would provide
a public health benefit. To assist in identifying covered drugs,
the Secretary may do one or both of the following:
‘‘(1) Enter into cooperative agreements or contracts with
public or private entities to review the available scientific evidence concerning such drugs.
‘‘(2) Seek public input concerning such drugs, including
input on whether there is a relevant accepted use in clinical
practice that is not reflected in the approved labeling of such
drugs or whether new scientific evidence is available regarding
the conditions of use for such drug, by—
‘‘(A) holding one or more public meetings;
‘‘(B) opening a public docket for the submission of
public comments; or
‘‘(C) other means, as the Secretary determines appropriate.
‘‘(c) SELECTION OF DRUGS FOR UPDATING.—If the Secretary
determines, with respect to a covered drug, that the available
scientific evidence meets the standards under section 505 for adding
or modifying information to the labeling or providing supplemental
information to the labeling regarding the use of the covered drug,
the Secretary may initiate the process under subsection (d).
‘‘(d) INITIATION OF THE PROCESS OF UPDATING.—If the Secretary
determines that labeling changes are appropriate for a selected
drug pursuant to subsection (c), the Secretary shall provide notice
to the holders of approved applications for a generic version of
such drug that—
‘‘(1) summarizes the findings supporting the determination
of the Secretary that the available scientific evidence meets
the standards under section 505 for adding or modifying
information or providing supplemental information to the
labeling of the covered drug pursuant to subsection (c);
‘‘(2) provides a clear statement regarding the additional,
modified, or supplemental information for such labeling,
according to the determination by the Secretary (including,
as applicable, modifications to add the relevant accepted use
to the labeling of the drug as an additional indication for
the drug); and
‘‘(3) states whether the statement under paragraph (2)
applies to the selected drug as a class of covered drugs or
only to a specific drug product.

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134 STAT. 2935

‘‘(e) RESPONSE TO NOTIFICATION.—Within 30 days of receipt
of notification provided by the Secretary pursuant to subsection
(d), the holder of an approved application for a generic version
of the selected drug shall—
‘‘(1) agree to change the approved labeling to reflect the
additional, modified, or supplemental information the Secretary
has determined to be appropriate; or
‘‘(2) notify the Secretary that the holder of the approved
application does not believe that the requested labeling changes
are warranted and submit a statement detailing the reasons
why such changes are not warranted.
‘‘(f) REVIEW OF APPLICATION HOLDER’S RESPONSE.—
‘‘(1) IN GENERAL.—Upon receipt of the application holder’s
response, the Secretary shall promptly review each statement
received under subsection (e)(2) and determine which labeling
changes pursuant to the Secretary’s notice under subsection
(d) are appropriate, if any. If the Secretary disagrees with
the reasons why such labeling changes are not warranted,
the Secretary shall provide opportunity for discussions with
the application holders to reach agreement on whether the
labeling for the covered drug should be updated to reflect
available scientific evidence, and if so, the content of such
labeling changes.
‘‘(2) CHANGES TO LABELING.—After considering all
responses from the holder of an approved application under
paragraph (1) or (2) of subsection (e), and any discussion under
paragraph (1), the Secretary may order such holder to make
the labeling changes the Secretary determines are appropriate.
Such holder of an approved application shall—
‘‘(A) update its paper labeling for the drug at the
next printing of that labeling;
‘‘(B) update any electronic labeling for the drug within
30 days of such order; and
‘‘(C) submit the revised labeling through the form,
‘Supplement—Changes Being Effected’.
‘‘(g) VIOLATION.—If the holder of an approved application for
the generic version of the selected drug does not comply with
the requirements of subsection (f)(2), such generic version of the
selected drug shall be deemed to be misbranded under section
502.
‘‘(h) LIMITATIONS; GENERIC DRUGS.—
‘‘(1) IN GENERAL.—With respect to any labeling change
required under this section, the generic version shall be deemed
to have the same conditions of use and the same labeling
as its reference listed drug for purposes of clauses (i) and
(v) of section 505(j)(2)(A). Any labeling change so required shall
not have any legal effect for the applicant that is different
than the legal effect that would have resulted if a supplemental
application had been submitted and approved to conform the
labeling of the generic version to a change in the labeling
of the reference drug.
‘‘(2) SUPPLEMENTAL APPLICATIONS.—Changes to labeling
made in accordance with this section shall not be eligible for
an exclusivity period under this Act.
‘‘(3) SELECTION OF DRUGS.—The Secretary shall not identify
a drug as a covered drug or select a drug label for updating
under subsection (b) or (c) solely based on the availability

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Determinations.

Updates.

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134 STAT. 2936
Determinations.

Time period.

Recommendations.

PUBLIC LAW 116–260—DEC. 27, 2020

of new safety information. Upon identification of a drug as
a covered drug under subsection (b), the Secretary may then
consider the availability of new safety information (as defined
in section 505–1(b)) in determining whether the drug is a
selected drug and in determining what labeling changes are
appropriate.
‘‘(i) RULES OF CONSTRUCTION.—
‘‘(1) APPROVAL STANDARDS.—This section shall not be construed as altering the applicability of the standards for approval
of an application under section 505. No order shall be issued
under this subsection unless the scientific evidence supporting
the changed labeling meets the standards for approval
applicable to any change to labeling under section 505.
‘‘(2) REMOVAL OF INFORMATION.—Nothing in this section
shall be construed to give the Secretary additional authority
to remove approved indications for drugs, other than the
authority described in this section.
‘‘(3) SECRETARY AUTHORITY.—Nothing in this section shall
be construed to limit the authority of the Secretary to require
labeling changes under section 505(o).
‘‘(4) MAINTENANCE OF LABELING.—Nothing in this section
shall be construed to affect the responsibility of the holder
of an approved application under section 505(j) to maintain
its labeling in accordance with existing requirements, including
subpart B of part 201 and sections 314.70 and 314.97 of title
21, Code of Federal Regulations (or any successor regulations).
‘‘(j) REPORTS.—Not later than 4 years after the date of the
enactment of this section, and every 4 years thereafter, the Secretary shall prepare and submit to the Committee on Energy and
Commerce of the House of Representatives and the Committee
on Health, Education, Labor, and Pensions of the Senate, a report
that—
‘‘(1) describes the actions of the Secretary under this section, including—
‘‘(A) the number of covered drugs and description of
the types of drugs the Secretary has selected for labeling
changes and the rationale for such recommended changes;
and
‘‘(B) the number of times the Secretary entered into
discussions concerning a disagreement with an application
holder or holders and a summary of the decision regarding
a labeling change, if any; and
‘‘(2) includes any recommendations of the Secretary for
modifying the program under this section.’’.
SEC. 325. BIOLOGICAL PRODUCT PATENT TRANSPARENCY.

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(a) IN GENERAL.—Section 351(k) of the Public Health Service
Act (42 U.S.C. 262(k)) is amended by adding at the end the following:
‘‘(9) PUBLIC LISTING.—
‘‘(A) IN GENERAL.—
‘‘(i) INITIAL PUBLICATION.—Not later than 180 days
after the date of enactment of this paragraph, the
Secretary shall publish and make available to the
public in a searchable, electronic format—
‘‘(I) a list of each biological product, by nonproprietary name (proper name), for which, as of

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2937

such date of enactment, a biologics license under
subsection (a) or this subsection is in effect, or
that, as of such date of enactment, is deemed
to be licensed under this section pursuant to section 7002(e)(4) of the Biologics Price Competition
and Innovation Act of 2009;
‘‘(II) the date of licensure of the marketing
application and the application number; and
‘‘(III) with respect to each biological product
described in subclause (I), the licensure status,
and, as available, the marketing status.
‘‘(ii) REVISIONS.—Every 30 days after the publication of the first list under clause (i), the Secretary
shall revise the list to include each biological product
which has been licensed under subsection (a) or this
subsection during the 30-day period or deemed licensed
under this section pursuant to section 7002(e)(4) of
the Biologics Price Competition and Innovation Act
of 2009.
‘‘(iii) PATENT INFORMATION.—Not later than 30
days after a list of patents under subsection (l)(3)(A),
or a supplement to such list under subsection (l)(7),
has been provided by the reference product sponsor
to the subsection (k) applicant respecting a biological
product included on the list published under this
subparagraph, the reference product sponsor shall provide such list of patents (or supplement thereto) and
their corresponding expiry dates to the Secretary, and
the Secretary shall, in revisions made under clause
(ii), include such information for such biological
product. Within 30 days of providing any subsequent
or supplemental list of patents to any subsequent subsection (k) applicant under subsection (l)(3)(A) or (l)(7),
the reference product sponsor shall update the information provided to the Secretary under this clause with
any additional patents from such subsequent or supplemental list and their corresponding expiry dates.
‘‘(iv) LISTING OF EXCLUSIVITIES.—For each
biological product included on the list published under
this subparagraph, the Secretary shall specify each
exclusivity period under paragraph (6) or paragraph
(7) for which the Secretary has determined such
biological product to be eligible and that has not concluded.
‘‘(B) REVOCATION OR SUSPENSION OF LICENSE.—If the
license of a biological product is determined by the Secretary to have been revoked or suspended for safety, purity,
or potency reasons, it may not be published in the list
under subparagraph (A). If such revocation or suspension
occurred after inclusion of such biological product in the
list published under subparagraph (A), the reference
product sponsor shall notify the Secretary that—
‘‘(i) the biological product shall be immediately
removed from such list for the same period as the
revocation or suspension; and
‘‘(ii) a notice of the removal shall be published
in the Federal Register.’’.

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Deadlines.

Updates.

Determination.

Notification.

Notice.
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publication.

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134 STAT. 2938

Public comment.

Evaluation.
Recommendations.

PUBLIC LAW 116–260—DEC. 27, 2020

(b) REVIEW AND REPORT ON TYPES OF INFORMATION TO BE
LISTED.—Not later than 3 years after the date of enactment of
this Act, the Secretary of Health and Human Services shall—
(1) solicit public comment regarding the type of information,
if any, that should be added to or removed from the list required
by paragraph (9) of section 351(k) of the Public Health Service
Act (42 U.S.C. 262(k)), as added by subsection (a); and
(2) transmit to Congress an evaluation of such comments,
including any recommendations about the types of information
that should be added to or removed from the list.

Subtitle D—Technical Corrections
SEC. 331. TECHNICAL CORRECTIONS.

42 USC 294c
note.

(a) EDUCATION AND TRAINING RELATING TO GERIATRICS.—Section 753(a)(7)(B) of the Public Health Service Act (42 U.S.C.
294c(a)(7)(B)) is amended, in the matter preceding clause (i), by
striking ‘‘Title VII Health Care Workforce Reauthorization Act of
2019’’ and inserting ‘‘Coronavirus Aid, Relief, and Economic Security
Act’’.
(b) NURSING.—Section 851(d)(3) of the Public Health Service
Act (42 U.S.C. 297t(d)(3)) is amended by striking ‘‘Title VIII Nursing
Reauthorization Act’’ and inserting ‘‘Coronavirus Aid, Relief, and
Economic Security Act’’.
(c) CITATION.—Section 3404(a)(9) of the Coronavirus Aid, Relief,
and Economic Security Act (Public Law 116–136) is amended by
striking ‘‘section 846A (42 U.S.C. 247n–1)’’ and inserting ‘‘section
846A (42 U.S.C. 297n–1)’’.
(d) EFFECTIVE DATE.—The amendments made by subsections
(a), (b), and (c) shall take effect as if included in the enactment
of the Coronavirus Aid, Relief, and Economic Security Act (Public
Law 116–136).

DIVISION CC—HEALTH EXTENDERS
SEC. 1. TABLE OF CONTENTS.
Sec. 1. Table of contents.
TITLE I—MEDICARE PROVISIONS
Subtitle A—Medicare Extenders
Sec. 101. Extension of the work geographic index floor under the medicare program.
Sec. 102. Extension of funding for quality measure endorsement, input, and selection.
Sec. 103. Extension of funding outreach and assistance for low-income programs.
Sec. 104. Extension of medicare patient IVIG access demonstration project.
Sec. 105. Extending the independence at home medical practice demonstration program under the medicare program.

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Subtitle B—Other Medicare Provisions
Sec. 111. Improving measurements under the skilled nursing facility value-based
purchasing program under the Medicare program.
Sec. 112. Providing the Medicare Payment Advisory Commission and Medicaid and
CHIP Payment and Access Commission with access to certain drug payment information, including certain rebate information.
Sec. 113. Moratorium on payment under the Medicare physician fee schedule of the
add on code for inherently complex evaluation and management visits.

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Sec. 114. Temporary freeze of APM payment incentive thresholds.
Sec. 115. Permitting occupational therapists to conduct the initial assessment visit
and complete the comprehensive assessment with respect to certain rehabilitation services for home health agencies under the Medicare program.
Sec. 116. Centers for Medicare & Medicaid Services provider outreach and reporting on cognitive assessment and care plan services.
Sec. 117. Continued coverage of certain temporary transitional home infusion therapy services.
Sec. 118. Transitional coverage and retroactive Medicare part D coverage for certain low-income beneficiaries.
Sec. 119. Increasing the use of real-time benefit tools to lower beneficiary costs.
Sec. 120. Beneficiary enrollment simplification.
Sec. 121. Waiving budget neutrality for oxygen under the Medicare program.
Sec. 122. Waiving medicare coinsurance for certain colorectal cancer screening
tests.
Sec. 123. Expanding access to mental health services furnished through telehealth.
Sec. 124. Public-private partnership for health care waste, fraud, and abuse detection.
Sec. 125. Medicare payment for rural emergency hospital services.
Sec. 126. Distribution of additional residency positions.
Sec. 127. Promoting Rural Hospital GME Funding Opportunity.
Sec. 128. Five-year extension of the rural community hospital demonstration program.
Sec. 129. Extension of Frontier Community Health Integration Project Demonstration.
Sec. 130. Improving rural health clinic payments.
Sec. 131. Medicare GME treatment of hospitals establishing new medical residency
training programs after hosting medical resident rotators for short durations.
Sec. 132. Medicare payment for certain Federally qualified health center and rural
health clinic services furnished to hospice patients.
Sec. 133. Delay to the implementation of the radiation oncology model under the
Medicare program.
Sec. 134. Improving access to skilled nursing facility services for hemophilia patients.
TITLE II—MEDICAID EXTENDERS AND OTHER POLICIES
Eliminating DSH reductions for fiscal years 2021 through 2023.
Supplemental payment reporting requirements.
Medicaid shortfall and third party payments.
Extension of Money Follows the Person Rebalancing Demonstration.
Extension of spousal impoverishment protections.
Extension of community mental health services demonstration program.
Clarifying authority of State Medicaid fraud and abuse control units to
investigate and prosecute cases of Medicaid patient abuse and neglect
in any setting.
Sec. 208. Medicaid coverage for citizens of Freely Associated States.
Sec. 209. Medicaid coverage of certain medical transportation.
Sec. 210. Promoting access to life-saving therapies for Medicaid enrollees by ensuring coverage of routine patient costs for items and services furnished in
connection with participation in qualifying clinical trials.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

201.
202.
203.
204.
205.
206.
207.

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TITLE III—HUMAN SERVICES
Sec. 301. Extension of TANF, child care entitlement to States, and related programs.
Sec. 302. Personal responsibility education extension.
Sec. 303. Sexual risk avoidance education extension.
Sec. 304. Extension of support for current health professions opportunity grants.
Sec. 305. Extension of MaryLee Allen Promoting Safe and Stable Families Program
and State court support.
TITLE IV—HEALTH OFFSETS
Sec. 401. Requiring certain manufacturers to report drug pricing information with
respect to drugs under the Medicare program.
Sec. 402. Extended months of coverage of immunosuppressive drugs for kidney
transplant patients and other renal dialysis provisions.
Sec. 403. Permitting direct payment to physician assistants under Medicare.
Sec. 404. Adjusting calculation of hospice cap amount under Medicare.
Sec. 405. Special rule for determination of ASP in cases of certain noncovered selfadministered drug products.

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134 STAT. 2940

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Sec. 406. Medicaid Improvement Fund.
Sec. 407. Establishing hospice program survey and enforcement procedures under
the Medicare program.
Sec. 408. Medicare Improvement Fund.
TITLE V—MISCELLANEOUS
Sec. 501. Implementation funding.

TITLE I—MEDICARE PROVISIONS
Subtitle A—Medicare Extenders
SEC. 101. EXTENSION OF THE WORK GEOGRAPHIC INDEX FLOOR
UNDER THE MEDICARE PROGRAM.

Ante, pp. 427,
730.

Section 1848(e)(1)(E) of the Social Security Act (42 U.S.C.
1395w–4(e)(1)(E)), as amended by section 3801 of the CARES Act
(Public Law 116–136), section 2201 of the Continuing Appropriations Act, 2021 and Other Extensions Act (Public Law 116–159),
and section 1101 of the Further Continuing Appropriations Act,
2021, and Other Extensions Act, is amended by striking ‘‘December
19, 2020’’ and inserting ‘‘January 1, 2024’’.
SEC. 102. EXTENSION OF FUNDING FOR QUALITY MEASURE ENDORSEMENT, INPUT, AND SELECTION.

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(a) EXTENSION.—Section 1890(d)(2) of the Social Security Act
(42 U.S.C. 1395aaa(d)(2)), as amended by section 1103 of the Further Continuing Appropriations Act, 2021, and Other Extensions
Act, is amended—
(1) in the first sentence, by striking ‘‘and for the period
beginning on October 1, 2020, and ending on December 18,
2020, the amount equal to the pro rata portion of the amount
appropriated for such period for fiscal year 2020’’ and inserting
‘‘ $26,000,000 for fiscal year 2021, $20,000,000 for fiscal year
2022, and $20,000,000 for fiscal year 2023’’; and
(2) in the third sentence, by striking ‘‘and 2020, and for
the period beginning on October 1, 2020, and ending on
December 18, 2020’’ and inserting ‘‘2020, 2021, 2022, and 2023’’.
(b) ADDITIONAL REPORTING REQUIREMENTS.—Section 1890 of
the Social Security Act (42 U.S.C. 1395aaa) is amended—
(1) in subsection (e)—
(A) by redesignating paragraphs (1) through (6) as
subparagraphs (A) through (F), respectively;
(B) by striking ‘‘CONGRESS.—By not later than’’ and
inserting ‘‘CONGRESS.—
‘‘(1) IN GENERAL.—By not later than’’;
(C) in subparagraph (A), as redesignated by this paragraph, by striking the last sentence;
(D) in subparagraph (D), as so redesignated, by striking
‘‘A description’’ and inserting ‘‘Subject to paragraph (2)(B),
a description’’;
(E) in subparagraph (E), as so redesignated, by striking
‘‘The amount’’ and inserting ‘‘Subject to paragraph (2)(B),
the amount’’;
(F) in subparagraph (F), as so redesignated, by striking
‘‘Estimates’’ and inserting ‘‘Subject to paragraph (2)(B),
estimates’’; and
(G) by adding at the end the following new paragraph:

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134 STAT. 2941

‘‘(2) ADDITIONAL REQUIREMENTS FOR REPORTS.—
‘‘(A) ADDRESSING GAO REPORT.—Each of the annual
reports submitted in 2021 and 2022 pursuant to paragraph
(1) shall also include the following:
‘‘(i) A comprehensive analysis detailing the ways
in which the Centers for Medicare & Medicaid Services
has addressed each of the recommendations set forth
in the report by the Government Accountability Office
(GAO–19–628) issued on September 19, 2019, and
titled ‘Health Care Quality: CMS Could More Effectively Ensure Its Quality Measurement Activities Promote Its Objectives’.
‘‘(ii) A detailed description of—
‘‘(I) any additional steps that the Centers for
Medicare & Medicaid Services expects to take to
address the findings and recommendations set
forth in such report; and
‘‘(II) the anticipated timing for such steps.
‘‘(B) ENSURING DETAILED INFORMATION.—
‘‘(i) IN GENERAL.—In the case of an annual report
submitted in 2021 or a subsequent year pursuant to
paragraph (1), the information required under—
‘‘(I) paragraph (1)(D) shall also include
detailed information on each of the activities
described in clause (ii);
‘‘(II) paragraph (1)(E) shall also include
detailed information on the specific amounts obligated or expended on each of the activities
described in clause (ii); and
‘‘(III) paragraph (1)(F) shall also include
detailed information on the specific quality
measurement activities required and future
funding needed for each of the activities described
in clause (ii).
‘‘(ii)
ACTIVITIES
DESCRIBED.—The
activities
described in this clause are the following:
‘‘(I) Measure selection activities.
‘‘(II) Measure development activities.
‘‘(III) Public reporting activities.
‘‘(IV) Education and outreach activities.’’; and
(2) by adding at the end the following new subsection:
‘‘(f) ADDITIONAL REPORTING BY THE SECRETARY TO CONGRESS.—
‘‘(1) IN GENERAL.—By not later than September 30 of each
year (beginning with 2021), the Secretary shall submit to Congress a report on the amount of unobligated balances for appropriations relating to quality measurement. Such report shall
include detailed plans on how the Secretary expects to expend
such unobligated balances in the upcoming fiscal years.
‘‘(2) SEPARATE REPORT.—The annual report required under
paragraph (1) shall be separate from the annual report required
under subsection (e).’’.
(c) INPUT FOR REMOVAL OF MEASURES.—Section 1890(b) of the
Social Security Act (42 U.S.C. 1395aaa(b)) is amended by inserting
after paragraph (3) the following new paragraph:
‘‘(4) REMOVAL OF MEASURES.—The entity may provide input
to the Secretary on quality and efficiency measures described
in paragraph (7)(B) that could be considered for removal.’’.

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PUBLIC LAW 116–260—DEC. 27, 2020

(d) PRIORITIZATION OF MEASURE ENDORSEMENT.—Section
1890(b) of the Social Security Act (42 U.S.C. 1395aaa(b)) is amended
by adding at the end the following new paragraph:
‘‘(9) PRIORITIZATION OF MEASURE ENDORSEMENT.—The Secretary—
‘‘(A) during the period beginning on the date of the
enactment of this paragraph and ending on December 31,
2023, shall prioritize the endorsement of measures relating
to maternal morbidity and mortality by the entity with
a contract under subsection (a) in connection with endorsement of measures described in paragraph (2); and
‘‘(B) on and after January 1, 2024, may prioritize the
endorsement of such measures by such entity.’’.
SEC. 103. EXTENSION OF FUNDING OUTREACH AND ASSISTANCE FOR
LOW-INCOME PROGRAMS.

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(a) STATE HEALTH INSURANCE PROGRAMS.—Subsection (a)(1)(B)
of section 119 of the Medicare Improvements for Patients and
Providers Act of 2008 (42 U.S.C. 1395b–3 note), as amended by
section 3306 of the Patient Protection and Affordable Care Act
(Public Law 111–148), section 610 of the American Taxpayer Relief
Act of 2012 (Public Law 112–240), section 1110 of the Pathway
for SGR Reform Act of 2013 (Public Law 113–67), section 110
of the Protecting Access to Medicare Act of 2014 (Public Law 113–
93), section 208 of the Medicare Access and CHIP Reauthorization
Act of 2015 (Public Law 114–10), section 50207 of division E of
the Bipartisan Budget Act of 2018 (Public Law 115–123), section
1402 of division B of the Continuing Appropriations Act, 2020,
and Health Extenders Act of 2019 (Public Law 116–59), section
1402 of division B of the Further Continuing Appropriations Act,
2020, and Further Health Extenders Act of 2019 (Public Law 116–
69), section 103 of division N of the Further Consolidated Appropriations Act, 2020 (Public Law 116–94), section 3803 of the CARES
Act (Public Law 116–136), section 2203 of the Continuing Appropriations Act, 2021 and Other Extensions Act (Public Law 116–159),
and section 1102 of the Further Continuing Appropriations Act,
2021, and Other Extensions Act, is amended—
(1) in clause (x), by striking at the end ‘‘and’’; and
(2) by striking clause (xi) and inserting the following
clauses:
‘‘(xi) for fiscal year 2021, $15,000,000;
‘‘(xii) for fiscal year 2022, $15,000,000; and
‘‘(xiii) for fiscal year 2023, $15,000,000.’’.
(b) AREA AGENCIES ON AGING.—Subsection (b)(1)(B) of such
section 119, as so amended, is amended—
(1) in clause (x), by striking at the end ‘‘and’’; and
(2) by striking clause (xi) and inserting the following
clauses:
‘‘(xi) for fiscal year 2021, $15,000,000;
‘‘(xii) for fiscal year 2022, $15,000,000; and
‘‘(xiii) for fiscal year 2023, $15,000,000.’’.
(c) AGING AND DISABILITY RESOURCE CENTERS.—Subsection
(c)(1)(B) of such section 119, as so amended, is amended—
(1) in clause (x), by striking at the end ‘‘and’’;
(2) by striking clause (xi) and inserting the following
clauses:
‘‘(xi) for fiscal year 2021, $5,000,000;

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2943

‘‘(xii) for fiscal year 2022, $5,000,000; and
‘‘(xiii) for fiscal year 2023, $5,000,000,’’.
(d) CONTRACT WITH THE NATIONAL CENTER FOR BENEFITS AND
OUTREACH ENROLLMENT.—Subsection (d)(2) of such section 119,
as so amended, is amended—
(1) in clause (x), by striking at the end ‘‘and’’;
(2) by striking clause (xi) and inserting the following
clauses:
‘‘(xi) for fiscal year 2021, $15,000,000;
‘‘(xii) for fiscal year 2022, $15,000,000; and
‘‘(xiii) for fiscal year 2023, $15,000,000.’’.

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SEC. 104. EXTENSION OF MEDICARE PATIENT IVIG ACCESS DEMONSTRATION PROJECT.

(a) EXTENSION OF DEMONSTRATION PROJECT.—Section 101(b)
of the Medicare IVIG Access and Strengthening Medicare and
Repaying Taxpayers Act of 2012 (42 U.S.C. 13951 note) is
amended—
(1) by striking paragraph (1) and inserting the following:
‘‘(1) DURATION.—Beginning not later than one year after
the date of enactment of this Act, the Secretary shall conduct
the demonstration project for a period of 3 years and, subject
to the availability of funds under subsection (g), the period
beginning on October 1, 2017, and ending on December 31,
2023.’’; and
(2) in paragraph (2)—
(A) by amending the first sentence to read as follows:
‘‘The Secretary shall enroll for participation in the demonstration project for the period beginning on October 1,
2014, and ending on September 30, 2020, not more than
4,000 Medicare beneficiaries who have been diagnosed with
primary immunodeficiency disease and for the period beginning on October 1, 2014, and ending on December 31,
2023, not more than 6,500 Medicare beneficiaries who have
been so diagnosed.’’; and
(B) by striking ‘‘December 31, 2020’’ and inserting
‘‘December 31, 2023’’.
(b) UPDATED EVALUATION AND REPORT.—Section 101(f) is
amended—
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new paragraph:
‘‘(2) UPDATED EVALUATION AND REPORT.—Not later than
2 years after the date of the enactment of Consolidated Appropriations Act, 2021, the Secretary shall submit to Congress
an updated report that contains the following:
‘‘(A) The total number of beneficiaries enrolled in the
demonstration project during the updated report period.
‘‘(B) The total number of claims submitted for services
during the updated report period, disaggregated by month.
‘‘(C) An analysis of the impact of the demonstration
on beneficiary access to the in-home administration of
intravenous immune globin, including the impact on beneficiary health.
‘‘(D) An analysis of the impact of in-home administration of intravenous immune globin on overall costs to Medicare, including the cost differential between in-home

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134 STAT. 2944

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PUBLIC LAW 116–260—DEC. 27, 2020

administration of intravenous immune globin and administration of intravenous immune globin in a healthcare
facility.
‘‘(E) To the extent practicable, a survey of providers
and enrolled beneficiaries that participated in the demonstration project that identifies barriers to accessing services, including reimbursement for items and services.
‘‘(F) Recommendations to Congress on the appropriateness of establishing a permanent bundled services payment
for the in-home administration of intravenous immune
globin for Medicare beneficiaries.’’.
(c) DEFINITION OF UPDATED REPORT PERIOD.—Section 101(h)
is amended by adding at the end the following new paragraph:
‘‘(4) UPDATED REPORT PERIOD.—The term ‘updated report
period’ means the period beginning on October 1, 2014, and
ending on September 30, 2020.’’.
SEC. 105. EXTENDING THE INDEPENDENCE AT HOME MEDICAL PRACTICE DEMONSTRATION PROGRAM UNDER THE MEDICARE PROGRAM.

42 USC
1395cc–5 note.

(a) IN GENERAL.—Section 1866E of the Social Security Act
(42 U.S.C. 1395cc–5) is amended—
(1) in subsection (e)—
(A) in paragraph (1), by striking ‘‘7-year’’ and inserting
‘‘10-year’’; and
(B) in paragraph (5)—
(i) in the first sentence, by striking ‘‘15,000’’ and
inserting ‘‘20,000’’;
(ii) in the second sentence, by striking ‘‘sixth and
seventh’’ and inserting ‘‘sixth through tenth’’; and
(iii) by adding at the end the following new sentence: ‘‘An applicable beneficiary that participates in
the demonstration program by reason of the increase
from 15,000 to 20,000 in the first sentence of this
paragraph pursuant to the amendment made by section
105 of division CC of the Consolidated Appropriations
Act, 2021 shall be considered in the spending target
estimates under paragraph (1) of subsection (c) and
the incentive payment calculations under paragraph
(2) of such subsection for the eighth through tenth
years of such program.’’; and
(2) in subsection (h), by inserting ‘‘and $9,000,000 for fiscal
year 2021’’ after ‘‘2015’’.
(b) EFFECTIVE DATE.—The amendments made by subsection
(a) shall take effect as if included in the enactment of Public
Law 111–148.

Subtitle B—Other Medicare Provisions

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SEC. 111. IMPROVING MEASUREMENTS UNDER THE SKILLED NURSING
FACILITY VALUE-BASED PURCHASING PROGRAM UNDER
THE MEDICARE PROGRAM.

(a) IN GENERAL.—Section 1888(h) of the Social Security Act
(42 U.S.C. 1395yy(h)) is amended—
(1) in paragraph (1), by adding at the end the following
new subparagraph:

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2945

‘‘(C) EXCLUSIONS.—With respect to payments for services furnished on or after October 1, 2022, this subsection
shall not apply to a facility for which there are not a
minimum number (as determined by the Secretary) of—
‘‘(i) cases for the measures that apply to the facility
for the performance period for the applicable fiscal
year; or
‘‘(ii) measures that apply to the facility for the
performance period for the applicable fiscal year.’’;
(2) in paragraph (2)(A)—
(A) by striking ‘‘The Secretary shall apply’’ and
inserting ‘‘The Secretary—
‘‘(i) shall apply’’;
(B) by striking the period at the end and inserting
‘‘; and’’; and
(C) by adding at the end the following:
‘‘(ii) may, with respect to payments for services
furnished on or after October 1, 2023, apply additional
measures determined appropriate by the Secretary,
which may include measures of functional status,
patient safety, care coordination, or patient experience.
Subject to the succeeding sentence, in the case that the
Secretary applies additional measures under clause (ii),
the Secretary shall consider and apply, as appropriate,
quality measures specified under section 1899B(c)(1). In
no case may the Secretary apply more than 10 measures
under this subparagraph.’’;
(3) in subparagraph (A) of each of paragraphs (3) and
(4), by striking ‘‘measure’’ and inserting ‘‘measures’’; and
(4) by adding at the end the following new paragraph:
‘‘(12) VALIDATION.—
‘‘(A) IN GENERAL.—The Secretary shall apply to the
measures applied under this subsection and the data submitted under subsection (e)(6) a process to validate such
measures and data, as appropriate, which may be similar
to the process specified in section 1886(b)(3)(B)(viii)(XI)
for validating inpatient hospital measures.
‘‘(B) FUNDING.—For purposes of carrying out this paragraph, the Secretary shall provide for the transfer, from
the Federal Hospital Insurance Trust Fund established
under section 1817, of $5,000,000 to the Centers for Medicare & Medicaid Services Program Management Account
for each of fiscal years 2023 through 2025, to remain available until expended.’’.
(b) REPORT BY MEDPAC.—Not later than March 15, 2022, the
Medicare Payment Advisory Commission shall submit to Congress
a report on establishing a prototype value-based payment program
under a unified prospective payment system for post-acute care
services under the Medicare program under title XVIII of the Social
Security Act (42 U.S.C. 1395 et seq.). Such report—
(1) shall—
(A) consider design elements such as—
(i) measures that are important to the Medicare
program and to beneficiaries under such program;
(ii) methodologies for scoring provider performance
and effects on payment; and

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134 STAT. 2946

PUBLIC LAW 116–260—DEC. 27, 2020
(iii) other elements determined appropriate by the
Commission; and
(B) analyze the effects of implementing such prototype
program; and
(2) may—
(A) discuss the possible effects, with respect to the
Medicare program, on program spending, post-acute care
providers, patient outcomes, and other effects determined
appropriate by the Commission; and
(B) include recommendations with respect to such
prototype program, as determined appropriate by the
Commission, to Congress and the Secretary of Health and
Human Services.

Analysis.

Recommendations.

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SEC. 112. PROVIDING THE MEDICARE PAYMENT ADVISORY COMMISSION AND MEDICAID AND CHIP PAYMENT AND ACCESS
COMMISSION WITH ACCESS TO CERTAIN DRUG PAYMENT
INFORMATION, INCLUDING CERTAIN REBATE INFORMATION.

(a) ACCESS TO CERTAIN PART D PAYMENT DATA.—Section
1860D–15(f) of the Social Security Act (42 U.S.C. 1395w–115(f))
is amended—
(1) in paragraph (2)—
(A) in subparagraph (A)(ii), by striking ‘‘and’’ at the
end;
(B) in subparagraph (B), by striking the period at
the end and inserting ‘‘; and’’; and
(C) by inserting at the end the following new subparagraph:
‘‘(C) by the Executive Director of the Medicare Payment
Advisory Commission for purposes of monitoring, making
recommendations for, and analysis of the program under
this title and by the Executive Director of the Medicaid
and CHIP Payment and Access Commission for purposes
of monitoring, making recommendations for, and analysis
of the Medicaid program established under title XIX and
the Children’s Health Insurance Program under title XXI.’’;
and
(2) by adding at the end the following new paragraph:
‘‘(3) ADDITIONAL RESTRICTIONS ON DISCLOSURE OF INFORMATION.—
‘‘(A) IN GENERAL.—The Executive Directors described
in paragraph (2)(C) shall not disclose any of the following
information disclosed to such Executive Directors or
obtained by such Executive Directors pursuant to such
paragraph, with respect to a prescription drug plan offered
by a PDP sponsor or an MA–PD plan offered by an MA
organization:
‘‘(i) The specific amounts or the identity of the
source of any rebates, discounts, price concessions, or
other forms of direct or indirect remuneration under
such prescription drug plan or such MA–PD plan.
‘‘(ii) Information submitted with the bid submitted
under section 1860D–11(b) by such PDP sponsor or
under section 1854(a) by such MA organization.
‘‘(iii) In the case of such information from prescription drug event records, information in a form that

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would not be permitted under section 423.505(m) of
title 42, Code of Federal Regulations, or any successor
regulation, if released by the Centers for Medicare
& Medicaid Services.
‘‘(B) CLARIFICATION.—The restrictions on disclosures
described in subparagraph (A) shall also apply to disclosures to individual Commissioners of the Medicare Payment Advisory Commission or of the Medicaid and CHIP
Payment and Access Commission.’’.
(b) ACCESS TO CERTAIN REBATE AND PAYMENT DATA UNDER
MEDICARE AND MEDICAID.—Section 1927(b)(3)(D) of the Social Security Act (42 U.S.C. 1396r–8(b)(3)(D)) is amended—
(1) in the matter before clause (i), by striking ‘‘subsection
(a)(6)(A)(ii)’’ and inserting ‘‘subsection (a)(6)(A)’’;
(2) in clause (v), by striking ‘‘and’’ at the end;
(3) in clause (vi), by striking the period at the end and
inserting ‘‘, and’’;
(4) by inserting after clause (vi) the following new clause:
‘‘(vii) to permit the Executive Director of the Medicare Payment Advisory Commission and the Executive
Director of the Medicaid and CHIP Payment and
Access Commission to review the information provided.’’;
(5) in the matter at the end, by striking ‘‘1860D–4(c)(2)(E)’’
and inserting ‘‘1860D–4(c)(2)(G)’’; and
(6) by adding at the end the following new sentences:
‘‘Any information disclosed to the Executive Director of the
Medicare Payment Advisory Commission or the Executive
Director of the Medicaid and CHIP Payment and Access
Commission pursuant to this subparagraph shall not be disclosed by either such Executive Director in a form which discloses the identity of a specific manufacturer or wholesaler
or prices charged for drugs by such manufacturer or wholesaler.
Such information also shall not be disclosed by either such
Executive Director to individual Commissioners of the Medicare
Payment Advisory Commission or of the Medicaid and CHIP
Payment and Access Commission in a form which discloses
the identity of a specific manufacturer or wholesaler or prices
charged for drugs by such manufacturer or wholesaler.’’.

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Applicability.

SEC. 113. MORATORIUM ON PAYMENT UNDER THE MEDICARE PHYSICIAN FEE SCHEDULE OF THE ADD ON CODE FOR INHERENTLY COMPLEX EVALUATION AND MANAGEMENT
VISITS.

42 USC 1395w–4
note.

(a) IN GENERAL.—The Secretary of Health and Human Services
may not, prior to January 1, 2024, make payment under the fee
schedule under section 1848 of the Social Security Act (42 U.S.C.
1395w–4) for services described by Healthcare Common Procedure
Coding System (HCPCS) code G2211 (or any successor or substantially similar code), as described in section II.F. of the final rule
filed by the Secretary with the Office of the Federal Register for
public inspection on December 2, 2020, and entitled ‘‘Medicare
Program; CY 2021 Payment Policies under the Physician Fee
Schedule and Other Changes to Part B Payment Policies; Medicare
Shared Savings Program Requirements; Medicaid Promoting Interoperability Program Requirements for Eligible Professionals;

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134 STAT. 2948

PUBLIC LAW 116–260—DEC. 27, 2020

Quality Payment Program; Coverage of Opioid Use Disorder Services Furnished by Opioid Treatment Programs; Medicare Enrollment of Opioid Treatment Programs; Electronic Prescribing for
Controlled Substances for a Covered Part D Drug; Payment for
Office/Outpatient Evaluation and Management Services; Hospital
IQR Program; Establish New Code Categories; Medicare Diabetes
Prevention Program (MDPP) Expanded Model Emergency Policy;
Coding and Payment for Virtual Check-in Services Interim Final
Rule Policy; Coding and Payment for Personal Protective Equipment
(PPE) Interim Final Rule Policy; Regulatory Revisions in Response
to the Public Health Emergency (PHE) for COVID-19; and Finalization of Certain Provisions from the March 31st , May 8th and
September 2nd Interim Final Rules in Response to the PHE for
COVID-19’’.
(b) IMPLEMENTATION.—Notwithstanding any other provision of
law, the Secretary may implement this section by interim final
rule, program instruction, or otherwise.
SEC. 114. TEMPORARY FREEZE OF APM PAYMENT INCENTIVE THRESHOLDS.

42 USC 1395l
note.
42 USC 1395lll
note.

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(a) IN GENERAL.—Section 1833(z)(2) of the Social Security Act
(42 U.S.C. 1395l(z)(2)) is amended—
(1) in subparagraph (B)—
(A) in the heading, by striking ‘‘AND 2022’’ and inserting
‘‘THROUGH 2024’’; and
(B) in the matter preceding clause (i), by striking ‘‘2021
and 2022’’ and inserting ‘‘each of 2021 through 2024’’;
(2) in subparagraph (C)—
(A) in the heading, by striking ‘‘2023’’ and inserting
‘‘2025’’; and
(B) in the matter preceding clause (i), by striking
‘‘2023’’ and inserting ‘‘2025’’; and
(3) in subparagraph (D), by adding at the end the following:
‘‘With respect to 2023 and 2024, the Secretary shall use the
same percentage criteria for counts of patients that are used
in 2022.’’.
(b) PARTIAL QUALIFYING APM PARTICIPANT MODIFICATIONS.—
Section 1848(q)(1)(C)(iii) of the Social Security Act (42 U.S.C.
1395w–4(q)(1)(C)(iii)) is amended—
(1) in subclause (II), in the matter preceding item (aa),
by striking ‘‘2021 and 2022’’ and inserting ‘‘each of 2021 through
2024’’; and
(2) in subclause (III), in the matter preceding item (aa),
by striking ‘‘2023’’ and inserting ‘‘2025’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect on the date of the enactment of this Act.
SEC. 115. PERMITTING OCCUPATIONAL THERAPISTS TO CONDUCT THE
INITIAL ASSESSMENT VISIT AND COMPLETE THE COMPREHENSIVE ASSESSMENT WITH RESPECT TO CERTAIN
REHABILITATION SERVICES FOR HOME HEALTH AGENCIES UNDER THE MEDICARE PROGRAM.

Not later than January 1, 2022, the Secretary of Health and
Human Services shall revise subsections (a)(2) and (b)(3) of section
484.55 of title 42, Code of Federal Regulations, or a successor
regulation, to permit an occupational therapist to conduct the initial
assessment visit and to complete the comprehensive assessment
(as such terms are described in such subsections, respectively)

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for home health services for an individual under title XVIII of
the Social Security Act (42 U.S.C. 1395 et seq.) if the home health
plan of care for such individual—
(1) does not initially include skilled nursing care;
(2) includes occupational therapy; and
(3) includes physical therapy or speech language pathology.
SEC. 116. CENTERS FOR MEDICARE & MEDICAID SERVICES PROVIDER
OUTREACH AND REPORTING ON COGNITIVE ASSESSMENT AND CARE PLAN SERVICES.

(a) OUTREACH.—The Secretary of Health and Human Services
(in this section referred to as the ‘‘Secretary’’) shall conduct outreach
to physicians and appropriate non-physician practitioners participating under the Medicare program under title XVIII of the Social
Security Act (42 U.S.C. 1395 et seq.) with respect to Medicare
payment for cognitive assessment and care plan services furnished
to individuals with cognitive impairment such as Alzheimer’s disease and related dementias, identified as of January 1, 2018, by
HCPCS code 99483, or any successor to such code (in this section
referred to as ‘‘cognitive assessment and care plan services’’). Such
outreach shall include a comprehensive, one-time education initiative to inform such physicians and practitioners of the addition
of such services as a covered benefit under the Medicare program,
including the requirements for eligibility for such services.
(b) REPORTS.—
(1) HHS REPORT ON PROVIDER OUTREACH.—Not later than
one year after the date of enactment of this Act, the Secretary
of Health and Human Services shall submit to the Committee
on Ways and Means and the Committee on Energy and Commerce of the House of Representatives and the Committee
on Finance of the Senate a report on the outreach conducted
under subsection (a). Such report shall include a description
of the methods used for such outreach.
(2) GAO REPORT ON UTILIZATION RATES.—Not later than
3 years after such date of enactment, the Comptroller General
of the United States shall submit to the Committee on Ways
and Means and the Committee on Energy and Commerce of
the House of Representatives and the Committee on Finance
of the Senate a report on the number of Medicare beneficiaries
who were furnished cognitive assessment and care plan services
for which payment was made under title XVIII of the Social
Security Act (42 U.S.C. 1395 et seq.). Such report shall include
information on barriers Medicare beneficiaries face to access
such services, and recommendations for such legislative and
administrative action as the Comptroller General deems appropriate.

42 USC 1395l
note.

Recommendations.

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SEC. 117. CONTINUED COVERAGE OF CERTAIN TEMPORARY TRANSITIONAL HOME INFUSION THERAPY SERVICES.

(a) IN GENERAL.—Section 1861(iii)(3)(C) of the Social Security
Act (42 U.S.C. 1395x(iii)(3)(C)) is amended by inserting after clause
(ii) the following flush sentence:
‘‘Clause (ii) shall not apply to a self-administered drug or
biological on a self-administered drug exclusion list if such
drug or biological was included as a transitional home infusion
drug under subparagraph (A)(iii) of section 1834(u)(7) and was
identified by a HCPCS code described in subparagraph (C)(ii)
of such section.’’.

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134 STAT. 2950
42 USC 1395x
note.
42 USC 1395x
note.

PUBLIC LAW 116–260—DEC. 27, 2020

(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall apply to items and services furnished on or after January
1, 2021.
(c) IMPLEMENTATION.—Notwithstanding any other provision of
law, the Secretary of Health and Human Services may implement
the amendment made by subsection (a) by interim final rule, program instruction, or otherwise.
SEC. 118. TRANSITIONAL COVERAGE AND RETROACTIVE MEDICARE
PART D COVERAGE FOR CERTAIN LOW-INCOME BENEFICIARIES.

Effective date.

Definition.
Time periods.

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Effective date.

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Section 1860D–14 of the Social Security Act (42 U.S.C. 1395w–
114) is amended—
(1) by redesignating subsection (e) as subsection (f); and
(2) by adding after subsection (d) the following new subsection:
‘‘(e) LIMITED INCOME NEWLY ELIGIBLE TRANSITION PROGRAM.—
‘‘(1) IN GENERAL.—Beginning not later than January 1,
2024, the Secretary shall carry out a program to provide transitional coverage for covered part D drugs for LI NET eligible
individuals in accordance with this subsection.
‘‘(2) LI NET ELIGIBLE INDIVIDUAL DEFINED.—For purposes
of this subsection, the term ‘LI NET eligible individual’ means
a part D eligible individual who—
‘‘(A) meets the requirements of clauses (ii) and (iii)
of subsection (a)(3)(A); and
‘‘(B) has not yet enrolled in a prescription drug plan
or an MA–PD plan, or, who has so enrolled, but with
respect to whom coverage under such plan has not yet
taken effect.
‘‘(3) TRANSITIONAL COVERAGE.—For purposes of this subsection, the term ‘transitional coverage’ means with respect
to an LI NET eligible individual—
‘‘(A) immediate access to covered part D drugs at the
point of sale during the period that begins on the first
day of the month such individual is determined to meet
the requirements of clauses (ii) and (iii) of subsection
(a)(3)(A) and ends on the date that coverage under a
prescription drug plan or MA–PD plan takes effect with
respect to such individual; and
‘‘(B) in the case of an LI NET eligible individual who
is a full-benefit dual eligible individual (as defined in section 1935(c)(6)) or a recipient of supplemental security
income benefits under title XVI, retroactive coverage (in
the form of reimbursement of the amounts that would
have been paid under this part had such individual been
enrolled in a prescription drug plan or MA–PD plan) of
covered part D drugs purchased by such individual during
the period that begins on the date that is the later of—
‘‘(i) the date that such individual was first eligible
for a low-income subsidy under this part; or
‘‘(ii) the date that is 36 months prior to the date
such individual enrolls in a prescription drug plan
or MA–PD plan,
and ends on the date that coverage under such plan takes
effect.
‘‘(4) PROGRAM ADMINISTRATION.—

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134 STAT. 2951

‘‘(A) POINT OF CONTACT.—The Secretary shall, as determined appropriate by the Secretary, administer the program under this subsection through a contract with a single
program administrator.
‘‘(B) BENEFIT DESIGN.—The Secretary shall ensure that
the transitional coverage provided to LI NET eligible
individuals under this subsection—
‘‘(i) provides access to all covered part D drugs
under an open formulary;
‘‘(ii) permits all pharmacies determined by the Secretary to be in good standing to process claims under
the program;
‘‘(iii) is consistent with such requirements as the
Secretary considers necessary to improve patient safety
and ensure appropriate dispensing of medication; and
‘‘(iv) meets such other requirements as the Secretary may establish.
‘‘(5) RELATIONSHIP TO OTHER PROVISIONS OF THIS TITLE;
WAIVER AUTHORITY.—
‘‘(A) IN GENERAL.—The following provisions shall not
apply with respect to the program under this subsection:
‘‘(i) Paragraphs (1) and (3)(B) of section 1860D–
4(a) (relating to dissemination of general information;
availability of information on changes in formulary
through the internet).
‘‘(ii) Subparagraphs (A) and (B) of section 1860D–
4(b)(3) (relating to requirements on development and
application of formularies; formulary development).
‘‘(iii) Paragraphs (1)(C) and (2) of section 1860D–
4(c) (relating to medication therapy management program).
‘‘(B) WAIVER AUTHORITY.—The Secretary may waive
such other requirements of title XI and this title as may
be necessary to carry out the purposes of the program
established under this subsection.
‘‘(6) CONTRACTING AUTHORITY.—The authority vested in the
Secretary by this subsection may be performed without regard
to such provisions of law or regulations relating to the making,
performance, amendment, or modification of contracts of the
United States as the Secretary may determine to be inconsistent with the furtherance of the purpose of this title.’’.

Determination.

SEC. 119. INCREASING THE USE OF REAL-TIME BENEFIT TOOLS TO
LOWER BENEFICIARY COSTS.

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(a) REQUIRING PRESCRIPTION DRUG PLAN SPONSORS AND MEDICARE ADVANTAGE ORGANIZATIONS TO INCLUDE REAL-TIME BENEFIT
INFORMATION UNDER MEDICARE PART D.—Section 1860D–4 of the
Social Security Act (42 U.S.C. 1395w–104) is amended—
(1) by redesignating subsection (m) (relating to program
integrity transparency measures), as added by section 6063(c)
of the Substance Use-Disorder Prevention that Promotes Opioid
Recovery and Treatment for Patients and Communities Act
(Public Law 115–271), as subsection (n); and
(2) by adding at the end the following new subsection:
‘‘(o) REAL-TIME BENEFIT INFORMATION.—
‘‘(1) IN GENERAL.—After the Secretary has adopted a
standard under paragraph (3) for electronic real-time benefit

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List.

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Compliance.
Consultation.

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tools, and at a time determined appropriate by the Secretary,
a PDP sponsor of a prescription drug plan shall implement
one or more of such tools that meet the requirements described
in paragraph (2).
‘‘(2) REQUIREMENTS.—For purposes of paragraph (1), the
requirements described in this paragraph, with respect to an
electronic real-time benefit tool, are that the tool is capable
of—
‘‘(A) integrating with electronic prescribing and electronic health record systems of prescribing health care
professionals for the transmission of formulary and benefit
information in real time to such professionals; and
‘‘(B) with respect to a covered part D drug, transmitting
such information specific to an individual enrolled in a
prescription drug plan, including the following:
‘‘(i) A list of any clinically-appropriate alternatives
to such drug included in the formulary of such plan.
‘‘(ii) Cost-sharing information and the negotiated
price for such drug and such alternatives at multiple
pharmacy options, including the individual’s preferred
pharmacy and, as applicable, other retail pharmacies
and a mail order pharmacy.
‘‘(iii) The formulary status of such drug and such
alternatives and any prior authorization or other utilization management requirements applicable to such
drug and such alternatives included in the formulary
of such plan.
‘‘(3) STANDARDS.—In order to be treated (for purposes of
this subsection) as an electronic real-time benefit tool described
in paragraph (1), such tool shall comply with technical standards adopted by the Secretary in consultation with the National
Coordinator for Health Information Technology through notice
and comment rulemaking. Such technical standards adopted
by the Secretary shall be developed by a standards development
organization, such as the National Council for Prescription
Drug Programs, that consults with stakeholders such as PDP
sponsors, Medicare Advantage organizations, beneficiary advocates, health care professionals, and health information technology software vendors.
‘‘(4) RULES OF CONSTRUCTION.—Nothing in this subsection
shall be construed—
‘‘(A) to prohibit the application of paragraph (b)(7) of
section 423.160 of title 42, Code of Federal Regulations,
as is to be added to such section pursuant to the final
rule published in the Federal Register on May 23, 2019,
and titled ‘Modernizing Part D and Medicare Advantage
To Lower Drug Prices and Reduce Out-of-Pocket Expenses’
(84 Fed. Reg. 23832 through 23884); or
‘‘(B) to allow a PDP sponsor to use a real-time benefit
tool to steer an individual, without the consent of the
individual, to a particular pharmacy or pharmacy type
over their preferred pharmacy or pharmacy type nor prohibit the designation of an individual’s preferred pharmacy
under such tool.’’.
(b) REQUIRING QUALIFIED ELECTRONIC HEALTH RECORDS TO
INCLUDE REAL-TIME BENEFIT TOOLS.—Section 3000(13) of the Public
Health Service Act (42 U.S.C. 300jj(13)) is amended—

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134 STAT. 2953

(1) in subparagraph (A), by striking ‘‘and’’ at the end;
(2) in subparagraph (B), by striking the period and
inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(C) includes, or is capable of including, a real-time
benefit tool that conveys patient-specific real-time cost and
coverage information with respect to prescription drugs
that, with respect to any health information technology
certified for electronic prescribing, the technology shall be
capable of incorporating the information described in
clauses (i) through (iii) of paragraph (2)(B) of section
1860D–4(o) of the Social Security Act at a time specified
by the Secretary but not before the Secretary adopts a
standard for such tools as described in paragraph (1) of
such section.’’.
(c) INCLUSION OF USE OF REAL-TIME ELECTRONIC INFORMATION
IN
SHARED
DECISION-MAKING
UNDER
MIPS.—Section
1848(q)(2)(B)(iii)(IV) of the Social Security Act (42 U.S.C. 1395w–
4(q)(2)(B)(iii)(IV)) is amended by adding at the end the following
new sentences: ‘‘This subcategory shall include as an activity, for
performance periods beginning on or after January 1, 2022, use
of a real-time benefit tool as described in section 1860D–4(o). The
Secretary may establish this activity as a standalone or as a component of another activity.’’.

Effective date.

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SEC. 120. BENEFICIARY ENROLLMENT SIMPLIFICATION.

(a) BENEFICIARY ENROLLMENT SIMPLIFICATION.—
(1) EFFECTIVE DATE OF COVERAGE.—Section 1838(a) of the
Social Security Act (42 U.S.C. 1395q(a)) is amended—
(A) by amending paragraph (2) to read as follows:
‘‘(2)(A) in the case of an individual who enrolls pursuant
to subsection (d) of section 1837 before the month in which
he first satisfies paragraph (1) or (2) of section 1836(a), the
first day of such month,
‘‘(B) in the case of an individual who first satisfies such
paragraph in a month beginning before January 2023 and
who enrolls pursuant to such subsection (d)—
‘‘(i) in such month in which he first satisfies such
paragraph, the first day of the month following the month
in which he so enrolls,
‘‘(ii) in the month following such month in which he
first satisfies such paragraph, the first day of the second
month following the month in which he so enrolls, or
‘‘(iii) more than one month following such month in
which he satisfies such paragraph, the first day of the
third month following the month in which he so enrolls,
‘‘(C) in the case of an individual who first satisfies such
paragraph in a month beginning on or after January 1, 2023,
and who enrolls pursuant to such subsection (d) in such month
in which he first satisfies such paragraph or in any subsequent
month of his initial enrollment period, the first day of the
month following the month in which he so enrolls, or
‘‘(D) in the case of an individual who enrolls pursuant
to subsection (e) of section 1837 in a month beginning—
‘‘(i) before January 1, 2023, the July 1 following the
month in which he so enrolls; or

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134 STAT. 2954

Effective date.

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Determination.
Applicability.

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‘‘(ii) on or after January 1, 2023, the first day of the
month following the month in which he so enrolls; or’’;
and
(B) by amending paragraph (3) to read as follows:
‘‘(3) in the case of an individual who is deemed to have
enrolled—
‘‘(A) on or before the last day of the third month
of his initial enrollment period, the first day of the month
in which he first meets the applicable requirements of
section 1836(a) or July 1, 1973, whichever is later, or
‘‘(B) on or after the first day of the fourth month
of his initial enrollment period, and where such month
begins—
‘‘(i) before January 1, 2023, as prescribed under
subparagraphs (B)(i), (B)(ii), (B)(iii), and (D)(i) of paragraph (2), or
‘‘(ii) on or after January 1, 2023, as prescribed
under subparagraphs (C) and (D)(ii) of paragraph (2).’’.
(2) SPECIAL ENROLLMENT PERIODS FOR EXCEPTIONAL CIRCUMSTANCES.—
(A) ENROLLMENT.—Section 1837 of the Social Security
Act (42 U.S.C. 1395p) is amended by adding at the end
the following new subsection:
‘‘(m) Beginning January 1, 2023, the Secretary may establish
special enrollment periods in the case of individuals who satisfy
paragraph (1) or (2) of section 1836(a) and meet such exceptional
conditions as the Secretary may provide.’’.
(B) COVERAGE PERIOD.—Section 1838 of the Social
Security Act (42 U.S.C. 1395q) is amended by adding at
the end the following new subsection:
‘‘(g) Notwithstanding subsection (a), in the case of an individual
who enrolls during a special enrollment period pursuant to section
1837(m), the coverage period shall begin on a date the Secretary
provides in a manner consistent (to the extent practicable) with
protecting continuity of health benefit coverage.’’.
(C) CONFORMING AMENDMENT.—Title XVIII of the
Social Security Act (42 U.S.C. 1395 et seq.) is amended—
(i) in section 1818A(c)(3), by striking ‘‘subsections
(h) and (i) of section 1837’’ and inserting ‘‘subsections
(h), (i), and (m) of section 1837’’; and
(ii) in section 1839(b), in the first sentence, by
striking ‘‘or (l)’’ and inserting ‘‘, (l), or (m)’’.
(3) TECHNICAL CORRECTION.—Section 1839(b) of the Social
Security Act (42 U.S.C. 1395r(b)) is amended by adding at
the end the following new sentence: ‘‘For purposes of determining any increase under this subsection for individuals whose
enrollment occurs on or after January 1, 2023, the second
sentence of this subsection shall be applied by substituting
‘close of the month’ for ‘close of the enrollment period’ each
place it appears.’’.
(4) REPORT.—Not later than January 1, 2023, the Secretary
of Health and Human Services shall submit to the Committee
on Ways and Means and Committee on Energy and Commerce
of the House of Representatives and the Committee on Finance
and Special Committee on Aging of the Senate a report on
how to align existing Medicare enrollment periods under title

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XVIII of the Social Security Act, including the general enrollment period under part B of such title and the annual, coordinated election period under the Medicare Advantage program
under part C of such title and under the prescription drug
program under part D of such title. Such report shall include
recommendations consistent with the goals of maximizing coverage continuity and choice and easing beneficiary transition.
(b) FUNDING.—Section 1808 of the Social Security Act (42 U.S.C.
1395b–9) is amended by adding the end the following new subsection:
‘‘(e) FUNDING FOR IMPLEMENTATION OF BENEFICIARY ENROLLMENT SIMPLIFICATION.—For purposes of carrying out the provisions
of and the amendments made by section 120 of division CC of
the Consolidated Appropriations Act, 2021, the Secretary shall provide for the transfer, from the Federal Hospital Insurance Trust
Fund under section 1817 and the Federal Supplementary Medical
Insurance Trust Fund under section 1841 (in such proportion as
the Secretary determines appropriate), to the Centers for Medicare
& Medicaid Services Program Management Account, of $2,000,000
for each of fiscal years 2021 through 2030, to remain available
until expended.’’.

Recommendations.

Transfer
authority.
Time period.
Determination.

SEC. 121. WAIVING BUDGET NEUTRALITY FOR OXYGEN UNDER THE
MEDICARE PROGRAM.

(a) IN GENERAL.—Section 1834(a)(9)(D)(ii) of the Social Security
Act (42 U.S.C. 1395m(a)(9)(D)(ii)), with application of subsection
(b), is amended by adding at the end the following new sentence:
‘‘The requirement of the preceding sentence shall not apply beginning with the second calendar quarter beginning on or after the
date of the enactment of this sentence.’’.
(b) TECHNICAL CORRECTION.—
(1) IN GENERAL.—Section 4552(b) of the Balanced Budget
Act of 1997 (Public Law 105–33) is amended by striking ‘‘section
1848(a)(9)’’ and inserting ‘‘section 1834(a)(9)’’.
(2) EFFECTIVE DATE.—The amendment made by paragraph
(1) shall take effect as if included in the enactment of the
Balanced Budget Act of 1997 (Public Law 105–33).
(c) IMPLEMENTATION.—Notwithstanding any other provision of
law, the Secretary of Health and Human Services may implement
the amendments made by this section by program instruction or
otherwise.

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SEC.

122.

WAIVING MEDICARE COINSURANCE FOR
COLORECTAL CANCER SCREENING TESTS.

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111 Stat. 459.
42 USC 1395m
note.
42 USC 1395m
note.

CERTAIN

(a) IN GENERAL.—Section 1833(a) of the Social Security Act
(42 U.S.C. 1395l(a)) is amended—
(1) in the second sentence, by striking ‘‘section 1834(0)’’
and inserting ‘‘section 1834(o)’’;
(2) by moving such second sentence 2 ems to the left;
and
(3) by inserting the following third sentence following such
second sentence: ‘‘For services furnished on or after January
1, 2022, paragraph (1)(Y) shall apply with respect to a colorectal
cancer screening test regardless of the code that is billed for
the establishment of a diagnosis as a result of the test, or
for the removal of tissue or other matter or other procedure
that is furnished in connection with, as a result of, and in
the same clinical encounter as the screening test.’’.

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Applicability.

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PUBLIC LAW 116–260—DEC. 27, 2020

(b) SPECIAL COINSURANCE RULE FOR CERTAIN TESTS.—Section
1833 of the Social Security Act (42 U.S.C. 1395l) is amended—
(1) in subsection (a)(1)(Y), by inserting ‘‘subject to subsection (dd),’’ before ‘‘with respect to’’; and
(2) by adding at the end the following new subsection:
‘‘(dd) SPECIAL COINSURANCE RULE FOR CERTAIN COLORECTAL
CANCER SCREENING TESTS.—
‘‘(1) IN GENERAL.—In the case of a colorectal cancer
screening test to which paragraph (1)(Y) of subsection (a) would
not apply but for the third sentence of such subsection that
is furnished during a year beginning on or after January 1,
2022, and before January 1, 2030, the amount paid shall be
equal to the specified percent (as defined in paragraph (2))
for such year of the lesser of the actual charge for the service
or the amount determined under the fee schedule that applies
to such test under this part (or, in the case such test is a
covered OPD service (as defined in subsection (t)(1)(B)), the
amount determined under subsection (t)).
‘‘(2) SPECIFIED PERCENT DEFINED.—For purposes of paragraph (1), the term ‘specified percent’ means—
‘‘(A) for 2022, 80 percent;
‘‘(B) for 2023 through 2026, 85 percent; and
‘‘(C) for 2027 through 2029, 90 percent.’’.
(c) CONFORMING AMENDMENTS.—Paragraphs (2) and (3) of section 1834(d) of the Social Security Act (42 U.S.C. 1395m(d)) are
each amended—
(1) in subparagraph (C)(ii), in the matter preceding subclause (I), by striking ‘‘Notwithstanding’’ and inserting ‘‘Subject
to section 1833(a)(1)(Y), but notwithstanding’’; and
(2) in subparagraph (D), by striking ‘‘If during’’ and
inserting ‘‘Subject to section 1833(a)(1)(Y), if during’’.

Time period.

SEC. 123. EXPANDING ACCESS TO MENTAL HEALTH SERVICES FURNISHED THROUGH TELEHEALTH.

Determination.

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Time periods.

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(a) TREATMENT OF MENTAL HEALTH SERVICES FURNISHED
THROUGH TELEHEALTH.—Paragraph (7) of section 1834(m) of the
Social Security Act (42 U.S.C. 1395m(m)) is amended—
(1) by striking ‘‘DISORDER SERVICES FURNISHED THROUGH
TELEHEALTH.—The geographic’’ and inserting ‘‘DISORDER SERVICES AND MENTAL HEALTH SERVICES FURNISHED THROUGH TELEHEALTH.—
‘‘(A) IN GENERAL.—The geographic’’;
(2) in subparagraph (A), as added by paragraph (1), by
inserting ‘‘or, on or after the first day after the end of the
emergency period described in section 1135(g)(1)(B), subject
to subparagraph (B), to an eligible telehealth individual for
purposes of diagnosis, evaluation, or treatment of a mental
health disorder, as determined by the Secretary,’’ after ‘‘as
determined by the Secretary,’’; and
(3) by adding at the end the following new subparagraph:
‘‘(B) REQUIREMENTS FOR MENTAL HEALTH SERVICES FURNISHED THROUGH TELEHEALTH.—
‘‘(i) IN GENERAL.—Payment may not be made under
this paragraph for telehealth services furnished by a
physician or practitioner to an eligible telehealth individual for purposes of diagnosis, evaluation, or treatment of a mental health disorder unless such physician

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or practitioner furnishes an item or service in person,
without the use of telehealth, for which payment is
made under this title (or would have been made under
this title if such individual were entitled to, or enrolled
for, benefits under this title at the time such item
or service is furnished)—
‘‘(I) within the 6-month period prior to the
first time such physician or practitioner furnishes
such a telehealth service to the eligible telehealth
individual; and
‘‘(II) during subsequent periods in which such
physician or practitioner furnishes such telehealth
services to the eligible telehealth individual, at
such times as the Secretary determines appropriate.
‘‘(ii) CLARIFICATION.—This subparagraph shall not
apply if payment would otherwise be allowed—
‘‘(I) under this paragraph (with respect to telehealth services furnished to an eligible telehealth
individual with a substance use disorder diagnosis
for purposes of treatment of such disorder or cooccurring mental health disorder); or
‘‘(II) under this subsection without application
of this paragraph.’’.
(b) IMPLEMENTATION.—Notwithstanding any other provision of
law, the Secretary may implement the provisions of, or amendments
made by, this section by interim final rule, program instruction,
or otherwise.

Determination.

Regulations.
42 USC 1395m
note.

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SEC. 124. PUBLIC-PRIVATE PARTNERSHIP FOR HEALTH CARE WASTE,
FRAUD, AND ABUSE DETECTION.

(a) IN GENERAL.—Section 1128C(a) of the Social Security Act
(42 U.S.C. 1320a–7c(a)) is amended by adding at the end the
following new paragraph:
‘‘(6) PUBLIC-PRIVATE PARTNERSHIP FOR WASTE, FRAUD, AND
ABUSE DETECTION.—
‘‘(A) IN GENERAL.—Under the program described in
paragraph (1), there is established a public-private partnership (in this paragraph referred to as the ‘partnership’)
of health plans, Federal and State agencies, law enforcement agencies, health care anti-fraud organizations, and
any other entity determined appropriate by the Secretary
(in this paragraph referred to as ‘partners’) for purposes
of detecting and preventing health care waste, fraud, and
abuse.
‘‘(B) CONTRACT WITH TRUSTED THIRD PARTY.—In carrying out the partnership, the Secretary shall enter into
a contract with a trusted third party for purposes of carrying out the duties of the partnership described in
subparagraph (C).
‘‘(C) DUTIES OF PARTNERSHIP.—The partnership shall—
‘‘(i) provide technical and operational support to
facilitate data sharing between partners in the partnership;
‘‘(ii) analyze data so shared to identify fraudulent
and aberrant billing patterns;

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‘‘(iii) conduct aggregate analyses of health care
data so shared across Federal, State, and private
health plans for purposes of detecting fraud, waste,
and abuse schemes;
‘‘(iv) identify outlier trends and potential
vulnerabilities of partners in the partnership with
respect to such schemes;
‘‘(v) refer specific cases of potential unlawful conduct to appropriate governmental entities;
‘‘(vi) convene, not less than annually, meetings
with partners in the partnership for purposes of providing updates on the partnership’s work and facilitating information sharing between the partners;
‘‘(vii) enter into data sharing and data use agreements with partners in the partnership in such a
manner so as to ensure the partnership has access
to data necessary to identify waste, fraud, and abuse
while maintaining the confidentiality and integrity of
such data;
‘‘(viii) provide partners in the partnership with
plan-specific, confidential feedback on any aberrant
billing patterns or potential fraud identified by the
partnership with respect to such partner;
‘‘(ix) establish a process by which entities described
in subparagraph (A) may enter the partnership and
requirements such entities must meet to enter the
partnership;
‘‘(x) provide appropriate training, outreach, and
education to partners based on the results of data
analyses described in clauses (ii) and (iii); and
‘‘(xi) perform such other duties as the Secretary
determines appropriate.
‘‘(D) SUBSTANCE USE DISORDER TREATMENT ANALYSIS.—
Not later than 2 years after the date of the enactment
of the Consolidated Appropriations Act, 2021, the trusted
third party with a contract in effect under subparagraph
(B) shall perform an analysis of aberrant or fraudulent
billing patterns and trends with respect to providers and
suppliers of substance use disorder treatments from data
shared with the partnership.
‘‘(E) EXECUTIVE BOARD.—
‘‘(i) EXECUTIVE BOARD COMPOSITION.—
‘‘(I) IN GENERAL.—There shall be an executive
board of the partnership comprised of representatives of the Federal Government and representatives of the private sector selected by the Secretary.
‘‘(II) CHAIRS.—The executive board shall be
co-chaired by one Federal Government official and
one representative from the private sector.
‘‘(ii) MEETINGS.—The executive board of the partnership shall meet at least once per year.
‘‘(iii) EXECUTIVE BOARD DUTIES.—The duties of the
executive board shall include the following:
‘‘(I) Providing strategic direction for the partnership, including membership criteria and a mission statement.

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134 STAT. 2959

‘‘(II) Communicating with the leadership of
the Department of Health and Human Services
and the Department of Justice and the various
private health sector associations.
‘‘(F) REPORTS.—Not later than January 1, 2023, and
every 2 years thereafter, the Secretary shall submit to
Congress and make available on the public website of the
Centers for Medicare & Medicaid Services a report containing—
‘‘(i) a review of activities conducted by the partnership over the 2-year period ending on the date of
the submission of such report, including any progress
to any objectives established by the partnership;
‘‘(ii) any savings voluntarily reported by health
plans participating in the partnership attributable to
the partnership during such period;
‘‘(iii) any savings to the Federal Government
attributable to the partnership during such period;
‘‘(iv) any other outcomes attributable to the partnership, as determined by the Secretary, during such
period; and
‘‘(v) a strategic plan for the 2-year period beginning
on the day after the date of the submission of such
report, including a description of any emerging fraud
and abuse schemes, trends, or practices that the partnership intends to study during such period.
‘‘(G) FUNDING.—The partnership shall be funded by
amounts otherwise made available to the Secretary for
carrying out the program described in paragraph (1).
‘‘(H) TRANSITIONAL PROVISIONS.—To the extent consistent with this subsection, all functions, personnel, assets,
liabilities, and administrative actions applicable on the date
before the date of the enactment of this paragraph to
the National Fraud Prevention Partnership established on
September 17, 2012, by charter of the Secretary shall be
transferred to the partnership established under subparagraph (A) as of the date of the enactment of this paragraph.
‘‘(I) NONAPPLICABILITY OF FACA.—The provisions of the
Federal Advisory Committee Act shall not apply to the
partnership established by subparagraph (A).
‘‘(J) IMPLEMENTATION.—Notwithstanding any other
provision of law, the Secretary may implement the partnership established by subparagraph (A) by program instruction or otherwise.
‘‘(K) DEFINITION.—For purposes of this paragraph, the
term ‘trusted third party’ means an entity that—
‘‘(i) demonstrates the capability to carry out the
duties of the partnership described in subparagraph
(C);
‘‘(ii) complies with such conflict of interest standards determined appropriate by the Secretary; and
‘‘(iii) meets such other requirements as the Secretary may prescribe.’’.
(b) POTENTIAL EXPANSION OF PUBLIC-PRIVATE PARTNERSHIP
ANALYSES.—Not later than 2 years after the date of the enactment
of this Act, the Secretary of Health and Human Services shall
conduct a study and submit to Congress a report on the feasibility

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Time period.
Public
information.
Web posting.
Review.

Determination.

Strategic plan.

Transfer
authority.

Compliance.
Determination.

Deadline.
Study.
Reports.

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134 STAT. 2960

Cost estimate.

PUBLIC LAW 116–260—DEC. 27, 2020

of the partnership (as described in section 1128C(a)(6) of the Social
Security Act, as added by subsection (a)) establishing a system
to conduct real-time data analysis to proactively identify ongoing
as well as emergent fraud trends for the entities participating
in the partnership and provide such entities with real-time feedback
on potentially fraudulent claims. Such report shall include the
estimated cost of and any potential barriers to the partnership
establishing such a system.
SEC. 125. MEDICARE PAYMENT FOR RURAL EMERGENCY HOSPITAL
SERVICES.

(a) IN GENERAL.—
(1) DEFINITIONS.—Section 1861 of the Social Security Act
(42 U.S.C. 1395x) is amended—
(A) in subsection (e), in the last sentence of the matter
following paragraph (9), by inserting ‘‘or a rural emergency
hospital (as defined in subsection (kkk)(2))’’ before the
period at the end; and
(B) by adding at the end the following subsection:
‘‘Rural Emergency Hospital Services; Rural Emergency Hospital

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‘‘(kkk)(1) RURAL EMERGENCY HOSPITAL SERVICES.—
‘‘(A) IN GENERAL.—The term ‘rural emergency hospital services ’ means the following services furnished by a rural emergency hospital (as defined in paragraph (2)) that do not exceed
an annual per patient average of 24 hours in such rural emergency hospital:
‘‘(i) Emergency department services and observation
care.
‘‘(ii) At the election of the rural emergency hospital,
with respect to services furnished on an outpatient basis,
other medical and health services as specified by the Secretary through rulemaking.
‘‘(B) STAFFED EMERGENCY DEPARTMENT.—For purposes of
subparagraph (A)(i), an emergency department of a rural emergency hospital shall be considered a staffed emergency department if it meets the following requirements:
‘‘(i) The emergency department is staffed 24 hours
a day, 7 days a week.
‘‘(ii) A physician (as defined in section 1861(r)(1)), nurse
practitioner, clinical nurse specialist, or physician assistant
(as those terms are defined in section 1861(aa)(5)) is available to furnish rural emergency hospital services in the
facility 24 hours a day.
‘‘(iii) Applicable staffing and staffing responsibilities
under section 485.631 of title 42, Code of Federal Regulations (or any successor regulation).
‘‘(2) RURAL EMERGENCY HOSPITAL.—The term ‘rural emergency
hospital’ means a facility described in paragraph (3) that—
‘‘(A) is enrolled under section 1866(j), submits the additional information described in paragraph (4)(A) for purposes
of such enrollment, and makes the detailed transition plan
described in clause (i) of such paragraph available to the public,
in a form and manner determined appropriate by the Secretary;
‘‘(B) does not provide any acute care inpatient services,
other than those described in paragraph (6)(A);

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‘‘(C) has in effect a transfer agreement with a level I
or level II trauma center;
‘‘(D) meets—
‘‘(i) licensure requirements as described in paragraph
(5);
‘‘(ii) the requirements of a staffed emergency department as described in paragraph (1)(B);
‘‘(iii) such staff training and certification requirements
as the Secretary may require;
‘‘(iv) conditions of participation applicable to—
‘‘(I) critical access hospitals, with respect to emergency services under section 485.618 of title 42, Code
of Federal Regulations (or any successor regulation);
and
‘‘(II) hospital emergency departments under this
title, as determined applicable by the Secretary;
‘‘(v) such other requirements as the Secretary finds
necessary in the interest of the health and safety of individuals who are furnished rural emergency hospital services;
and
‘‘(vi) in the case where the rural emergency hospital
includes a distinct part unit of the facility that is licensed
as a skilled nursing facility, such distinct part meets the
requirements applicable to skilled nursing facilities under
this title.
‘‘(3) FACILITY DESCRIBED.—A facility described in this paragraph is a facility that as of the date of the enactment of this
subsection—
‘‘(A) was a critical access hospital; or
‘‘(B) was a subsection (d) hospital (as defined in section
1886(d)(1)(B)) with not more than 50 beds located in a county
(or equivalent unit of local government) in a rural area (as
defined in section 1886(d)(2)(D)), or was a subsection (d) hospital (as so defined) with not more than 50 beds that was
treated as being located in a rural area pursuant to section
1886(d)(8)(E).
‘‘(4) ADDITIONAL INFORMATION.—
‘‘(A) INFORMATION.—For purposes of paragraph (2)(A), a
facility that submits an application for enrollment under section
1866(j) as a rural emergency hospital shall submit the following
information at such time and in such form as the Secretary
may require:
‘‘(i) An action plan for initiating rural emergency hospital services (as defined in paragraph (1)), including a
detailed transition plan that lists the specific services that
the facility will—
‘‘(I) retain;
‘‘(II) modify
‘‘(III) add; and
‘‘(IV) discontinue.
‘‘(ii) A description of services that the facility intends
to furnish on an outpatient basis pursuant to paragraph
(1)(A)(ii).
‘‘(iii) Information regarding how the facility intends
to use the additional facility payment provided under section 1834(x)(2), including a description of the services covered under this title that the additional facility payment

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Determination.

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Determination.

Determination.

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Data.

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would be supporting, such as furnishing telehealth services
and ambulance services, including operating the facility
and maintaining the emergency department to provide such
services covered under this title.
‘‘(iv) Such other information as the Secretary determines appropriate.
‘‘(B) EFFECT OF ENROLLMENT.—Such enrollment shall
remain effective with respect to a facility until such time as—
‘‘(i) the facility elects to convert back to its prior designation as a critical access hospital or a subsection (d)
hospital (as defined in section 1886(d)(1)(B)), subject to
requirements applicable under this title for such designation and in accordance with procedures established by the
Secretary; or
‘‘(ii) the Secretary determines the facility does not meet
the requirements applicable to a rural emergency hospital
under this subsection.
‘‘(5) LICENSURE.—A facility may not operate as a rural emergency hospital in a State unless the facility—
‘‘(A) is located in a State that provides for the licensing
of such hospitals under State or applicable local law; and
‘‘(B)(i) is licensed pursuant to such law; or
‘‘(ii) is approved by the agency of such State or locality
responsible for licensing hospitals, as meeting the standards
established for such licensing.
‘‘(6) DISCRETIONARY AUTHORITY.—A rural emergency hospital
may—
‘‘(A) include a unit of the facility that is a distinct part
licensed as a skilled nursing facility to furnish post-hospital
extended care services; and
‘‘(B) be considered a hospital with less than 50 beds for
purposes of the exception to the payment limit for rural health
clinics under section 1833(f).
‘‘(7) QUALITY MEASUREMENT.—
‘‘(A) IN GENERAL.—The Secretary shall establish quality
measurement reporting requirements for rural emergency hospitals, which may include the use of a small number of claimsbased outcomes measures or surveys of patients with respect
to their experience in the rural emergency hospital, in accordance with the succeeding provisions of this paragraph.
‘‘(B) QUALITY REPORTING BY RURAL EMERGENCY HOSPITALS.—
‘‘(i) IN GENERAL.—With respect to each year beginning
with 2023, (or each year beginning on or after the date
that is one year after one or more measures are first
specified under subparagraph (C)), a rural emergency hospital shall submit data to the Secretary in accordance
with clause (ii).
‘‘(ii) SUBMISSION OF QUALITY DATA.—With respect to
each such year, a rural emergency hospital shall submit
to the Secretary data on quality measures specified under
subparagraph (C). Such data shall be submitted in a form
and manner, and at a time, specified by the Secretary
for purposes of this subparagraph.
‘‘(C) QUALITY MEASURES.—
‘‘(i) IN GENERAL.—Subject to clause (ii), any measure
specified by the Secretary under this subparagraph must

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134 STAT. 2963

have been endorsed by the entity with a contract under
section 1890(a).
‘‘(ii) EXCEPTION.—In the case of a specified area or
medical topic determined appropriate by the Secretary for
which a feasible and practical measure has not been
endorsed by the entity with a contract under section
1890(a), the Secretary may specify a measure that is not
so endorsed as long as due consideration is given to measures that have been endorsed or adopted by a consensus
organization identified by the Secretary.
‘‘(iii) CONSIDERATION OF LOW CASE VOLUME WHEN
SPECIFYING PERFORMANCE MEASURES.—The Secretary shall,
in the selection of measures specified under this subparagraph, take into consideration ways to account for rural
emergency hospitals that lack sufficient case volume to
ensure that the performance rates for such measures are
reliable.
‘‘(D) PUBLIC AVAILABILITY OF DATA SUBMITTED.—The Secretary shall establish procedures for making data submitted
under subparagraph (B) available to the public regarding the
performance of individual rural emergency hospitals. Such
procedures shall ensure that a rural emergency hospital has
the opportunity to review, and submit corrections for, the data
that is to be made public with respect to the rural emergency
hospital prior to such data being made public. Such information
shall be posted on the Internet website of the Centers for
Medicare & Medicaid Services in an easily understandable
format as determined appropriate by the Secretary.
‘‘(8) CLARIFICATION REGARDING APPLICATION OF PROVISIONS
RELATING TO OFF-CAMPUS OUTPATIENT DEPARTMENT OF A PROVIDER.—Nothing in this subsection, section 1833(a)(10), or section
1834(x) shall affect the application of paragraph (1)(B)(v) of section
1833(t), relating to applicable items and services (as defined in
subparagraph (A) of paragraph (21) of such section) that are furnished by an off-campus outpatient department of a provider (as
defined in subparagraph (B) of such paragraph).
‘‘(9) IMPLEMENTATION.—There shall be no administrative or
judicial review under section 1869, 1878, or otherwise of the following:
‘‘(A) The determination of whether a rural emergency hospital meets the requirements of this subsection.
‘‘(B) The establishment of requirements under this subsection by the Secretary, including requirements described in
paragraphs (2)(D), (4), and (7).
‘‘(C) The determination of payment amounts under section
1834(x), including the additional facility payment described
in paragraph (2) of such section.’’.
(2) PAYMENT FOR RURAL EMERGENCY HOSPITAL SERVICES.—
(A) IN GENERAL.—Section 1833(a) of the Social Security
Act (42 U.S.C. 1395l(a)) is amended—
(i) in paragraph (8), by striking ‘‘and’’ at the end;
(ii) in paragraph (9), by striking the period at
the end and inserting ‘‘; and’’; and
(iii) by inserting after paragraph (9) the following
new paragraph:

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Procedures.

Web posting.
Determination.

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‘‘(10) with respect to rural emergency hospital services
furnished on or after January 1, 2023, the amounts determined
under section 1834(x).’’.
(B) PAYMENT AMOUNT.—Section 1834 of the Social
Security Act (42 U.S.C. 1395m) is amended by adding
at the end the following subsection:
‘‘(x) PAYMENT RULES RELATING TO RURAL EMERGENCY HOSPITALS.—
‘‘(1) PAYMENT FOR RURAL EMERGENCY HOSPITAL SERVICES.—
In the case of rural emergency hospital services (as defined
in section 1861(kkk)(1)), furnished by a rural emergency hospital (as defined in section 1861(kkk)(2)) on or after January
1, 2023, the amount of payment for such services shall be
equal to the amount of payment that would otherwise apply
under section 1833(t) for covered OPD services (as defined
in section 1833(t)(1)(B) (other than clause (ii) of such section)),
increased by 5 percent to reflect the higher costs incurred
by such hospitals, and shall include the application of any
copayment amount determined under section 1833(t)(8) as if
such increase had not occurred.
‘‘(2) ADDITIONAL FACILITY PAYMENT.—
‘‘(A) IN GENERAL.—The Secretary shall make monthly
payments to a rural emergency hospital in an amount
that is equal to 1⁄12 of the annual additional facility payment specified in subparagraph (B).
‘‘(B) ANNUAL ADDITIONAL FACILITY PAYMENT AMOUNT.—
The annual additional facility payment amount specified
in this subparagraph is—
‘‘(i) for 2023, a Medicare subsidy amount determined under subparagraph (C); and
‘‘(ii) for 2024 and each subsequent year, the
amount determined under this subparagraph for the
preceding year, increased by the hospital market
basket percentage increase.
‘‘(C) DETERMINATION OF MEDICARE SUBSIDY AMOUNT.—
For purposes of subparagraph (B)(i), the Medicare subsidy
amount determined under this subparagraph is an amount
equal to—
‘‘(i) the excess (if any) of—
‘‘(I) the total amount that the Secretary determines was paid under this title to all critical access
hospitals in 2019; over
‘‘(II) the estimated total amount that the Secretary determines would have been paid under
this title to such hospitals in 2019 if payment
were made for inpatient hospital, outpatient hospital, and skilled nursing facility services under
the applicable prospective payment systems for
such services during such year; divided by
‘‘(ii) the total number of such hospitals in 2019.
‘‘(D) REPORTING ON USE OF THE ADDITIONAL FACILITY
PAYMENT.—A rural emergency hospital receiving the additional facility payment under this paragraph shall maintain
detailed information as specified by the Secretary as to
how the facility has used the additional facility payments.
Such information shall be made available to the Secretary
upon request.

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134 STAT. 2965

‘‘(3) PAYMENT FOR AMBULANCE SERVICES.—For provisions
relating to payment for ambulance services furnished by an
entity owned and operated by a rural emergency hospital, see
section 1834(l).
‘‘(4) PAYMENT FOR POST-HOSPITAL EXTENDED CARE SERVICES.—For provisions relating to payment for post-hospital
extended care services furnished by a rural emergency hospital
that has a unit that is a distinct part licensed as a skilled
nursing facility, see section 1888(e).
‘‘(5) SOURCE OF PAYMENTS.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), payments under this subsection shall be made from
the Federal Supplementary Medical Insurance Trust Fund
under section 1841.
‘‘(B) ADDITIONAL FACILITY PAYMENT AND POST-HOSPITAL
EXTENDED CARE SERVICES.—Payments under paragraph (2)
shall be made from the Federal Hospital Insurance Trust
Fund under section 1817.’’.
(b) PROVIDER AGREEMENTS.—
(1) AGREEMENT WITH QIO.—Section 1866(a) of the Social
Security Act (42 U.S.C. 1395cc(a)) is amended—
(A) in paragraph (1)(F)(ii), by inserting ‘‘rural emergency hospitals,’’ after ‘‘critical access hospitals,’’; and
(B) in paragraph (3)—
(i) in subparagraph (A), by inserting ‘‘rural emergency hospital,’’ after ‘‘critical access hospital,’’;
(ii) in subparagraph (B), by inserting ‘‘rural emergency hospital,’’ after ‘‘critical access hospital,’’ each
place it appears; and
(iii) in subparagraph (C)(ii)(II), by inserting ‘‘rural
emergency hospitals,’’ after ‘‘critical access hospitals,’’
each place it appears.
(2) EMERGENCY MEDICAL TREATMENT AND LABOR ACT.—
(A) Section 1866(a)(1) of the Social Security Act (42
U.S.C. 1395cc(a)(1)) is amended—
(i) in subparagraph (I)—
(I) in the matter preceding clause (i), by
striking ‘‘or critical access hospital’’ and inserting
‘‘, critical access hospital, or rural emergency hospital’’; and
(II) in clause (ii), by inserting ‘‘, critical access
hospital, or rural emergency hospital’’ after ‘‘hospital’’; and
(ii) in subparagraph (N)—
(I) in the matter preceding clause (i), by
striking ‘‘and critical access hospitals’’ and
inserting ‘‘, critical access hospitals, and rural
emergency hospitals’’;
(II) in clause (i), by striking ‘‘or critical access
hospital’’ and inserting ‘‘, critical access hospital,
or rural emergency hospital’’; and
(III) in clause (iv), by inserting ‘‘, critical access
hospital, or rural emergency hospital’’ after ‘‘hospital’’.

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134 STAT. 2966

Evaluation.

Time periods.

Transfer
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42 USC 1395l
note.

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(B) Section 1867(e)(5) of such Act (42 U.S.C.
1395dd(e)(5)) is amended by inserting ‘‘and a rural emergency hospital (as defined in section 1861(kkk)(2))’’ before
the period.
(c) TREATMENT AS TELEHEALTH ORIGINATING SITE.—Section
1834(m)(4)(C)(ii) of the Social Security Act (42 U.S.C.
1395m(m)(4)(C)(ii)) is amended by adding at the end the following
new subclause:
‘‘(XI) A rural emergency hospital (as defined
in section 1861(kkk)(2)).’’.
(d) CONFORMING AMENDMENTS.—
(1) Section 1861(u) of the Social Security Act (42 U.S.C.
1395x(u)) is amended by inserting ‘‘rural emergency hospital,’’
after ‘‘critical access hospital,’’.
(2) Section 1864 of the Social Security Act (42 U.S.C.
1395aa) is amended by inserting before the period at the end
of the first sentence ‘‘, or whether a facility is a rural emergency
hospital as defined in section 1861(kkk)(2).
(e) STUDIES AND REPORTS.—
(1) STUDIES.—The Secretary of Health and Human Services
shall conduct 3 studies to evaluate the impact of rural emergency hospitals on the availability of health care and health
outcomes in rural areas (as defined in section 1886(d)(2)(D)
of the Social Security Act (42 U.S.C. 1395ww(d)(2)(D))). The
Secretary shall conduct a study—
(A) 4 years after the date of the enactment of this
Act;
(B) 7 years after the date of the enactment of this
Act; and
(C) 10 years after the date of the enactment of this
Act.
(2) REPORTS.—Not later than 6 months after each date
that the Secretary of Health and Human Services is required
to conduct a study under paragraph (1), the Secretary shall
submit to Congress a report containing the results of each
such study.
(3) FUNDING.—For purposes of carrying out this subsection,
the Secretary of Health and Human Services shall provide
for the transfer, from the Federal Hospital Insurance Trust
Fund under section 1817 of the Social Security Act (42 U.S.C.
1395i) and the Federal Supplementary Medical Insurance Trust
Fund under section 1841 of such Act (42 U.S.C. 1395t), in
such proportion as the Secretary determines appropriate, to
the Centers for Medicare & Medicaid Services Program
Management Account, of $9,000,000. Amounts transferred
under the preceding sentence shall remain available until
expended.
(f) MEDPAC REVIEW OF PAYMENTS TO RURAL EMERGENCY HOSPITALS.—Each report submitted by the Medicare Payment Advisory
Commission under section 1805(b)(1)(C) of the Social Security Act
(42 U.S.C. 1395b–6(b)(1)(C)) (beginning with 2024), shall include
a review of payments to rural emergency hospitals under section
1834(x), as added by subsection (a).
(g) EFFECTIVE DATE.—The amendments made by this section
shall apply to items and services furnished on or after January
1, 2023.

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SEC. 126. DISTRIBUTION OF ADDITIONAL RESIDENCY POSITIONS.

(a) IN GENERAL.—Section 1886(h) of the Social Security Act
(42 U.S.C. 1395ww(h)) is amended—
(1) in paragraph (4)(F)(i), by striking ‘‘paragraphs (7) and
(8)’’ and inserting ‘‘paragraphs (7), (8), and (9)’’;
(2) in paragraph (4)(H)(i), by striking ‘‘paragraphs (7) and
(8)’’ and inserting ‘‘paragraphs (7), (8), and (9)’’;
(3) in paragraph (7)(E), by inserting ‘‘paragraph (9),’’ after
‘‘paragraph (8),’’; and
(4) by adding at the end the following new paragraph:
‘‘(9) DISTRIBUTION OF ADDITIONAL RESIDENCY POSITIONS.—
‘‘(A) ADDITIONAL RESIDENCY POSITIONS.—
‘‘(i) IN GENERAL.—For fiscal year 2023, and for
each succeeding fiscal year until the aggregate number
of full-time equivalent residency positions distributed
under this paragraph is equal to the aggregate number
of such positions made available (as specified in clause
(ii)(I)), the Secretary shall, subject to the succeeding
provisions of this paragraph, increase the otherwise
applicable resident limit for each qualifying hospital
(as defined in subparagraph (F)) that submits a timely
application under this subparagraph by such number
as the Secretary may approve effective beginning July
1 of the fiscal year of the increase.
‘‘(ii) NUMBER AVAILABLE FOR DISTRIBUTION.—
‘‘(I) TOTAL NUMBER AVAILABLE.—The aggregate
number of such positions made available under
this paragraph shall be equal to 1,000.
‘‘(II) ANNUAL LIMIT.—The aggregate number
of such positions so made available shall not exceed
200 for a fiscal year.
‘‘(iii) PROCESS FOR DISTRIBUTING POSITIONS.—
‘‘(I) ROUNDS OF APPLICATIONS.—The Secretary
shall initiate a separate round of applications for
an increase under clause (i) for each fiscal year
for which such an increase is to be provided.
‘‘(II) TIMING.—The Secretary shall notify hospitals of the number of positions distributed to
the hospital under this paragraph as a result of
an increase in the otherwise applicable resident
limit by January 31 of the fiscal year of the
increase. Such increase shall be effective beginning
July 1 of such fiscal year.
‘‘(B) DISTRIBUTION.—For purposes of providing an
increase in the otherwise applicable resident limit under
subparagraph (A), the following shall apply:
‘‘(i) CONSIDERATIONS IN DISTRIBUTION.—In determining for which qualifying hospitals such an increase
is provided under subparagraph (A), the Secretary
shall take into account the demonstrated likelihood
of the hospital filling the positions made available
under this paragraph within the first 5 training years
beginning after the date the increase would be effective, as determined by the Secretary.
‘‘(ii) MINIMUM DISTRIBUTION FOR CERTAIN CATEGORIES OF HOSPITALS.—With respect to the aggregate
number of such positions available for distribution

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134 STAT. 2968

PUBLIC LAW 116–260—DEC. 27, 2020
under this paragraph, the Secretary shall distribute
not less than 10 percent of such aggregate number
to each of the following categories of hospitals:
‘‘(I) Hospitals that are located in a rural area
(as defined in section 1886(d)(2)(D)) or are treated
as being located in a rural area pursuant to section
1886(d)(8)(E).
‘‘(II) Hospitals in which the reference resident
level of the hospital (as specified in subparagraph
(F)(iii)) is greater than the otherwise applicable
resident limit.
‘‘(III) Hospitals in States with—
‘‘(aa) new medical schools that received
‘Candidate School’ status from the Liaison
Committee on Medical Education or that
received ‘Pre-Accreditation’ status from the
American Osteopathic Association Commission
on Osteopathic College Accreditation on or
after January 1, 2000, and that have achieved
or continue to progress toward ‘Full Accreditation’ status (as such term is defined by the
Liaison Committee on Medical Education) or
toward ‘Accreditation’ status (as such term is
defined by the American Osteopathic Association Commission on Osteopathic College
Accreditation); or
‘‘(bb) additional locations and branch campuses established on or after January 1, 2000,
by medical schools with ‘Full Accreditation’
status (as such term is defined by the Liaison
Committee on Medical Education) or ‘Accreditation’ status (as such term is defined by the
American Osteopathic Association Commission
on Osteopathic College Accreditation).
‘‘(IV) Hospitals that serve areas designated
as health professional shortage areas under section
332(a)(1)(A) of the Public Health Service Act, as
determined by the Secretary.
‘‘(C) LIMITATIONS.—
‘‘(i) IN GENERAL.—A hospital may not receive more
than 25 additional full-time equivalent residency positions under this paragraph.
‘‘(ii) PROHIBITION ON DISTRIBUTION TO HOSPITALS
WITHOUT AN INCREASE AGREEMENT.—No increase in
the otherwise applicable resident limit of a hospital
may be made under this paragraph unless such hospital agrees to increase the total number of full-time
equivalent residency positions under the approved
medical residency training program of such hospital
by the number of such positions made available by
such increase under this paragraph.
‘‘(D) APPLICATION OF PER RESIDENT AMOUNTS FOR PRIMARY CARE AND NONPRIMARY CARE.—With respect to additional residency positions in a hospital attributable to the
increase provided under this paragraph, the approved FTE
per resident amounts are deemed to be equal to the hospital

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134 STAT. 2969

per resident amounts for primary care and nonprimary
care computed under paragraph (2)(D) for that hospital.
‘‘(E) PERMITTING FACILITIES TO APPLY AGGREGATION
RULES.—The Secretary shall permit hospitals receiving
additional residency positions attributable to the increase
provided under this paragraph to, beginning in the fifth
year after the effective date of such increase, apply such
positions to the limitation amount under paragraph (4)(F)
that may be aggregated pursuant to paragraph (4)(H)
among members of the same affiliated group.
‘‘(F) DEFINITIONS.—In this paragraph:
‘‘(i) OTHERWISE APPLICABLE RESIDENT LIMIT.—The
term ‘otherwise applicable resident limit’ means, with
respect to a hospital, the limit otherwise applicable
under subparagraphs (F)(i) and (H) of paragraph (4)
on the resident level for the hospital determined without regard to this paragraph but taking into account
paragraphs (7)(A), (7)(B), (8)(A), and (8)(B).
‘‘(ii) QUALIFYING HOSPITAL.—The term ‘qualifying
hospital’ means a hospital described in any of subclauses (I) through (IV) of subparagraph (B)(ii).
‘‘(iii) REFERENCE RESIDENT LEVEL.—The term ‘reference resident level’ means, with respect to a hospital,
the resident level for the most recent cost reporting
period of the hospital ending on or before the date
of enactment of this paragraph, for which a cost report
has been settled (or, if not, submitted (subject to
audit)), as determined by the Secretary.
‘‘(iv) RESIDENT LEVEL.—The term ‘resident level’
has the meaning given such term in paragraph
(7)(C)(i).’’.
(b) IME.—Section 1886(d)(5)(B) of the Social Security Act (42
U.S.C. 1395ww(d)(5)(B)) is amended—
(1) in clause (v), in the third sentence, by striking ‘‘and
(h)(8)’’ and inserting ‘‘(h)(8), and (h)(9)’’;
(2) by redesignating clause (x), as added by section 5505(b)
of the Patient Protection and Affordable Care Act (Public Law
111–148), as clause (xi) and moving such clause 4 ems to
the left; and
(3) by adding after clause (xi), as redesignated by subparagraph (A), the following new clause:
‘‘(xii) For discharges occurring on or after July
1, 2023, insofar as an additional payment amount
under this subparagraph is attributable to resident
positions distributed to a hospital under subsection
(h)(9), the indirect teaching adjustment factor shall
be computed in the same manner as provided under
clause (ii) with respect to such resident positions.’’.
(c) PROHIBITION ON JUDICIAL REVIEW.—Section 1886(h)(7)(E)
of the Social Security Act (42 U.S.C. 1395ww–4(h)(7)(E)) is amended
by inserting ‘‘paragraph (9),’’ after ‘‘paragraph (8),’’.
(d) REPORTS.—
(1) IN GENERAL.—Not later than September 30, 2025, and
again not later than September 30, 2027, the Comptroller General of the United States (in this subsection referred to as
the ‘‘Comptroller General’’) shall conduct a study and submit
to Congress a report on—

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134 STAT. 2970

PUBLIC LAW 116–260—DEC. 27, 2020
(A) the distribution of additional full-time equivalent
resident positions under paragraph (9) of section 1886(h)
of the Social Security Act, as added by subsection (a);
and
(B) rural track and rotator programs under such section.
(2) CONTENTS.—Each report described in paragraph (1)
shall include—
(A) a description of the distribution described in paragraph (1)(A) and an analysis of the use of such positions
so distributed, including a description of the effects of such
distribution on rural track and rotator programs;
(B) a specification, with respect to each hospital that
has received such a distribution, of whether such hospital
has abided by the agreement described in paragraph
(9)(C)(ii) of section 1886(h) of the Social Security Act, as
added by subsection (a); and
(C) to the extent practicable, a description of—
(i) the type of program in which each such position
so distributed is being used;
(ii) the total number of full-time equivalent residency positions available in each such program;
(iii) the number of instances in which residents
filling such positions so distributed treated individuals
entitled to benefits under part A, or enrolled under
part B, of title XVIII of the Social Security Act (42
U.S.C. 1395 et seq.);
(iv) the location where each resident that filled
a position so distributed went on to practice.

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SEC. 127. PROMOTING RURAL HOSPITAL GME FUNDING OPPORTUNITY.

Section 1886(h)(4)(H)(iv) of the Social Security Act (42 U.S.C.
1395ww(h)(4)(iv)) is amended—
(1) by striking ‘‘(iv) NONRURAL HOSPITAL OPERATING
TRAINING PROGRAMS IN RURAL AREAS.—In the case of’’ and
inserting the following:
‘‘(iv) TRAINING PROGRAMS IN RURAL AREAS.—
‘‘(I) COST REPORTING PERIODS BEGINNING
BEFORE OCTOBER 1, 2022.—For cost reporting
periods beginning before October 1, 2022, in the
case of’’; and
(2) by adding at the end the following new subclause:
‘‘(II) COST REPORTING PERIODS BEGINNING ON
OR AFTER OCTOBER 1, 2022.—For cost reporting
periods beginning on or after October 1, 2022,
in the case of a hospital not located in a rural
area that established or establishes a medical residency training program (or rural tracks) in a rural
area or establishes an accredited program where
greater than 50 percent of the program occurs
in a rural area, the Secretary shall consistent with
the principles of subparagraphs (F) and (G) and
subject to paragraphs (7) and (8), prescribe rules
for the application of such subparagraphs with
respect to such a program and, in accordance with
such rules, adjust in an appropriate manner the

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134 STAT. 2971

limitation under subparagraph (F) for such hospital and each such hospital located in a rural
area that participates in such a training.’’.

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SEC. 128. FIVE-YEAR EXTENSION OF THE RURAL COMMUNITY HOSPITAL DEMONSTRATION PROGRAM.

(a) EXTENSION.—
(1) IN GENERAL.—Subsection (a)(5) of section 410A of the
Medicare Prescription Drug, Improvement, and Modernization
Act of 2003 (Public Law 108–173; 42 U.S.C. 1395ww note),
is amended by striking ‘‘10-year extension period’’ and inserting
‘‘15-year extension period’’.
(2) CONFORMING AMENDMENTS FOR EXTENSION.—
(A) EXTENSION OF DEMONSTRATION PERIOD.—Subsection (g) of such section 410A is amended—
(i) in the subsection heading, by striking ‘‘TENYEAR’’ and inserting ‘‘FIFTEEN-YEAR’’;
(ii) in paragraph (1)—
(I) by striking ‘‘additional 10-year’’ and
inserting ‘‘additional 15-year’’; and
(II) by striking ‘‘10-year extension period’’ and
inserting ‘‘15-year extension period’’;
(iii) in paragraph (2), by striking ‘‘10-year extension period’’ and inserting ‘‘15-year extension period’’;
(iv) in paragraph (3), by striking ‘‘10-year extension
period’’ and inserting ‘‘15-year extension period’’;
(v) in paragraph (4), by striking ‘‘10-year extension
period’’ each place it appears and inserting ‘‘15-year
extension period’’;
(vi) in paragraph (5), by striking ‘‘10-year extension
period’’ and inserting ‘‘15-year extension period’’; and
(vii) in subparagraph (A) of paragraph (6), by
striking ‘‘10-year extension period’’ and inserting ‘‘15year extension period’’.
(B) RULE FOR HOSPITALS THAT ARE NOT ORIGINAL
PARTICIPANTS IN THE DEMONSTRATION.—Paragraph (5) of
subsection (g) of such section 410A is amended—
(i) by striking ‘‘PROGRAM.—During’’ and inserting
‘‘PROGRAM.—
‘‘(A) CURES ACT EXTENSION.—During’’; and
(ii) by adding at the end the following new
subparagraph:
‘‘(B) ADDITIONAL EXTENSION.—During the third 5 years
of the 15-year extension period, the Secretary shall apply
the provisions of paragraph (4) to rural community hospitals that are not described in paragraph (4) but are
participating in the demonstration program under this section as of December 30, 2019, in a similar manner as
such provisions apply to rural community hospitals
described in paragraph (4).’’.
(b) CLARIFYING TECHNICAL AMENDMENTS.—Such section 410A,
as amended by subsection (a), is further amended—
(1) in subsection (a)(1), by inserting ‘‘of Health and Human
Services’’ after ‘‘Secretary’’;
(2) in subsection (f)(1)(A)(iv) by inserting ‘‘of the Social
Security Act (42 U.S.C. 1395i–4)’’ after ‘‘section 1820’’; and
(3) in subsection (g)—

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134 STAT. 2972

PUBLIC LAW 116–260—DEC. 27, 2020
(A) in the heading of paragraph (4), by striking ‘‘HOSPITALS IN DEMONSTRATION PROGRAM ON DATE OF ENACTMENT’’ and inserting ‘‘HOSPITALS PARTICIPATING IN THE
DEMONSTRATION PROGRAM DURING THE INITIAL 5-YEAR
PERIOD’’; and
(B) in paragraph (6)(A), by striking ‘‘not later than
120 days after the date of the enactment of this paragraph’’
and inserting ‘‘not later than April 12, 2017’’.

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SEC. 129. EXTENSION OF FRONTIER COMMUNITY HEALTH INTEGRATION PROJECT DEMONSTRATION.

(a) IN GENERAL.—Subsection (f) of section 123 of the Medicare
Improvements for Patients and Providers Act of 2008 (42 U.S.C.
1395i–4 note) is amended—
(1) in paragraph (1), by striking ‘‘3-year period beginning
on October 1, 2009’’ and inserting ‘‘3-year period beginning
on August 1, 2016 (referred to in this section as the ‘initial
period’), and 5-year period beginning on July 1, 2021 (referred
to in this section as the ‘extension period’)’’;
(2) in paragraph (2)—
(A) by striking ‘‘PROJECT.—The demonstration’’ and
inserting ‘‘PROJECT.—
‘‘(A) INITIAL PERIOD.—During the initial period, the
demonstration’’; and
(B) by adding at the end the following new subparagraph:
‘‘(B) EXTENSION PERIOD.—During the extension period,
the demonstration project under this section shall be
considered to have begun in a State on the date during
such period on which the eligible counties selected to
participate in the demonstration project under subsection
(d)(3) begin operations in accordance with the requirements
under the demonstration project.’’; and
(3) by adding at the end the following new paragraph:
‘‘(3) RE-ENTRY ON A ROLLING BASIS FOR EXTENSION
PERIOD.—A critical access hospital participating in the demonstration project under this section during the extension period
shall begin such participation in the cost reporting year that
begins on or after July 1, 2021.’’.
(b) ELIGIBLE ENTITIES.—Subsection (d)(1) of such section 123
is amended—
(1) in subparagraph (B), in the matter preceding clause
(i), by striking ‘‘In this section’’ and inserting ‘‘Subject to
subparagraph (C), in this section’’; and
(2) by adding at the end the following new subparagraph:
‘‘(C) EXTENSION PERIOD.—An entity shall only be
eligible to participate in the demonstration project under
this section during the extension period if the entity participated in the demonstration project under this section
during the initial period.’’.
(c) FUNDING.—Subsection (g)(1) of such section 123 is
amended—
(1) in subparagraph (A)—
(A) by striking ‘‘IN GENERAL’’ and inserting ‘‘INITIAL
PERIOD’’; and
(B) by inserting ‘‘with respect to the initial period’’
before the period at the end; and

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134 STAT. 2973

(2) by adding at the end the following new subparagraph:
‘‘(C) EXTENSION PERIOD.—The Secretary shall provide
for the transfer of $10,000,000, in appropriate part from
the Federal Hospital Insurance Trust Fund established
under section 1817 of the Social Security Act (42 U.S.C.
1395i) and the Federal Supplementary Medical Insurance
Trust Fund established under section 1841 of such Act
(42 U.S.C. 1395t), to the Centers for Medicare & Medicaid
Services for the purposes of carrying out its duties under
the demonstration project under this section with respect
to the extension period.’’.

Transfer
authority.

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SEC. 130. IMPROVING RURAL HEALTH CLINIC PAYMENTS.

Section 1833(f) of the Social Security Act (42 U.S.C. 1395l(f))
is amended—
(1) in paragraph (2)—
(A) by inserting ‘‘(before April 1, 2021)’’ after ‘‘in a
subsequent year’’; and
(B) by striking ‘‘this subsection’’ and inserting ‘‘this
paragraph’’;
(2) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;
(3) in the matter preceding subparagraph (A), as redesignated by paragraph (2)—
(A) by inserting ‘‘(1)’’ after ‘‘(f)’’; and
(B) by inserting ‘‘prior to April 1, 2021’’ after ‘‘services
provided’’; and
(4) by adding at the end the following new paragraphs:
‘‘(2) In establishing limits under subsection (a) on payment
for rural health clinic services furnished on or after April 1, 2021,
by a rural health clinic (other than a rural health clinic described
in paragraph (3)(B)), the Secretary shall establish such limit, for
services provided—
‘‘(A) in 2021, after March 31, at $100 per visit;
‘‘(B) in 2022, at $113 per visit;
‘‘(C) in 2023, at $126 per visit;
‘‘(D) in 2024, at $139 per visit;
‘‘(E) in 2025, at $152 per visit;
‘‘(F) in 2026, at $165 per visit;
‘‘(G) in 2027, at $178 per visit;
‘‘(H) in 2028, at $190 per visit; and
‘‘(I) in a subsequent year, at the limit established under
this paragraph for the previous year increased by the percentage increase in the MEI applicable to primary care services
furnished as of the first day of such subsequent year.
‘‘(3)(A) In establishing limits under subsection (a) on payment
for rural health clinic services furnished on or after April 1, 2021,
by a rural health clinic described in subparagraph (B), the Secretary
shall establish such limit, with respect to each such rural health
clinic, for services provided—
‘‘(i) in 2021, after March 31, at an amount equal to the
greater of—
‘‘(I) the per visit payment amount applicable to such
rural health clinic for rural health clinic services furnished
in 2020, increased by the percentage increase in the MEI
applicable to primary care services furnished as of the
first day of 2021; or

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PUBLIC LAW 116–260—DEC. 27, 2020

‘‘(II) the limit described in paragraph (2)(A); and
‘‘(ii) in a subsequent year, at an amount equal to the
greater of—
‘‘(I) the amount established under clause (i)(I) or this
subclause for the previous year with respect to such rural
health clinic, increased by the percentage increase in the
MEI applicable to primary care services furnished as of
the first day of such subsequent year; or
‘‘(II) the limit established under paragraph (2) for such
subsequent year.
‘‘(B) A rural health clinic described in this subparagraph is
a rural health clinic that, as of December 31, 2019, was—
‘‘(i) in a hospital with less than 50 beds; and
‘‘(ii) enrolled under section 1866(j).’’.
SEC. 131. MEDICARE GME TREATMENT OF HOSPITALS ESTABLISHING
NEW MEDICAL RESIDENCY TRAINING PROGRAMS AFTER
HOSTING MEDICAL RESIDENT ROTATORS FOR SHORT
DURATIONS.

Applicability.

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(a) REDETERMINATION OF APPROVED FTE RESIDENT AMOUNT.—
Section 1886(h)(2)(F) of the Social Security Act (42 U.S.C.
1395ww(h)(2)(F)) is amended—
(1) by inserting ‘‘(i)’’ before ‘‘In the case of’’; and
(2) by adding at the end the following:
‘‘(ii) In applying this subparagraph in the case of a
hospital that trains residents and has not entered into
a GME affiliation agreement (as defined by the Secretary
for purposes of paragraph (4)(H)(ii)), on or after the date
of the enactment of this clause, the Secretary shall not
establish an FTE resident amount until such time as the
Secretary determines that the hospital has trained at least
1.0 full-time-equivalent resident in an approved medical
residency training program in a cost reporting period.
‘‘(iii) In applying this subparagraph for cost reporting
periods beginning on or after the date of enactment of
this clause, in the case of a hospital that, as of such
date of enactment, has an approved FTE resident amount
based on the training in an approved medical residency
program or programs of—
‘‘(I) less than 1.0 full-time-equivalent resident in
any cost reporting period beginning before October 1,
1997, as determined by the Secretary; or
‘‘(II) no more than 3.0 full-time-equivalent residents in any cost reporting period beginning on or
after October 1, 1997, and before the date of the enactment of this clause, as determined by the Secretary,
in lieu of such FTE resident amount the Secretary shall,
in accordance with the methodology described in section
413.77(e) of title 42 of the Code of Federal Regulations
(or any successor regulation), establish a new FTE resident
amount if the hospital trains at least 1.0 full-time-equivalent resident (in the case of a hospital described in subclause (I)) or more than 3.0 full-time-equivalent residents
(in the case of a hospital described in subclause (II)) in
a cost reporting period beginning on or after such date
of enactment and before the date that is 5 years after
such date of enactment.

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134 STAT. 2975

‘‘(iv) For purposes of carrying out this subparagraph
for cost reporting periods beginning on or after the date
of the enactment of this clause, a hospital shall report
full-time-equivalent residents on its cost report for a cost
reporting period if the hospital trains at least 1.0 fulltime-equivalent residents in an approved medical residency
training program or programs in such period.
‘‘(v) As appropriate, the Secretary may consider
information from any cost reporting period necessary to
establish a new FTE resident amount as described in clause
(iii).’’.
(b) REDETERMINATION OF FTE RESIDENT LIMITATION.—Section
1886(h)(4)(H)(i) of the Social Security Act (42 U.S.C.
1395ww(h)(4)(H)(i)) is amended—
(1) by inserting ‘‘(I)’’ before ‘‘The Secretary’’; and
(2) by adding at the end the following:
‘‘(II) In applying this clause in the case of a hospital that, on or after the date of the enactment of
this subclause, begins training residents in a new
approved medical residency training program or programs (as defined by the Secretary), the Secretary
shall not determine a limitation applicable to the hospital under subparagraph (F) until such time as the
Secretary determines that the hospital has trained at
least 1.0 full-time-equivalent resident in such new
approved medical residency training program or programs in a cost reporting period.
‘‘(III) In applying this clause in the case of a hospital that, as of the date of the enactment of this
subclause, has a limitation under subparagraph (F),
based on a cost reporting period beginning before
October 1, 1997, of less than 1.0 full-time-equivalent
resident, the Secretary shall adjust the limitation in
the manner applicable to a new approved medical residency training program if the Secretary determines
the hospital begins training at least 1.0 full-timeequivalent residents in a program year beginning on
or after such date of enactment and before the date
that is 5 years after such date of enactment.
‘‘(IV) In applying this clause in the case of a hospital that, as of the date of the enactment of this
subclause, has a limitation under subparagraph (F),
based on a cost reporting period beginning on or after
October 1, 1997, and before such date of enactment,
of no more than 3.0 full-time-equivalent residents, the
Secretary shall adjust the limitation in the manner
applicable to a new approved medical residency
training program if the Secretary determines the hospital begins training more than 3.0 full-time-equivalent
residents in a program year beginning on or after
such date of enactment and before the date that is
5 years after such date of enactment.
‘‘(V) An adjustment to the limitation applicable
to a hospital made pursuant to subclause (III) or (IV)
shall be made in a manner consistent with the methodology, as appropriate, in section 413.79(e) of title 42,

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134 STAT. 2976

42 USC 1395ww
note.

Effective date.

PUBLIC LAW 116–260—DEC. 27, 2020

Code of Federal Regulations (or any successor regulation). As appropriate, the Secretary may consider
information from any cost reporting periods necessary
to make such an adjustment to the limitation.’’.
(c) TECHNICAL AND CONFORMING AMENDMENTS.—Section 1886
of the Social Security Act (42 U.S.C. 1395ww) is amended—
(1) in subsection (d)(5)(B)(viii), by striking ‘‘subsection
(h)(4)(H)’’ and inserting ‘‘paragraphs (2)(F)(iv) and (4)(H) of
subsection (h)’’; and
(2) in subsection (h)—
(A) in paragraph (4)(H)(iv), by striking ‘‘an rural area’’
and inserting ‘‘a rural area’’; and
(B) in paragraph (7)(E), by striking ‘‘under this’’ and
all that follows through the period at the end and inserting
the following: ‘‘under this paragraph, paragraph (8), clause
(i), (ii), (iii), or (v) of paragraph (2)(F), or clause (i) or
(vi) of paragraph (4)(H).’’.
(d) EFFECTIVE DATE.—The amendments made by this section
shall apply to payment under section 1886 of the Social Security
Act (42 U.S.C. 1395ww) for cost reporting periods beginning on
or after the date of the enactment of this Act.
SEC. 132. MEDICARE PAYMENT FOR CERTAIN FEDERALLY QUALIFIED
HEALTH CENTER AND RURAL HEALTH CLINIC SERVICES
FURNISHED TO HOSPICE PATIENTS.

Section 1834 of the Social Security Act (42 U.S.C. 1395m),
as amended by section 125(a)(2)(B), is amended—
(1) in subsection (o), by adding at the end the following
new paragraph:
‘‘(4) PAYMENT FOR ATTENDING PHYSICIAN SERVICES FURNISHED BY FEDERALLY QUALIFIED HEALTH CENTERS TO HOSPICE
PATIENTS.—In
the case of services described in sec-

tion 1812(d)(2)(A)(ii) furnished on or after January 1, 2022,
by an attending physician (as defined in section 1861(dd)(3)(B),
other than a physician or practitioner who is employed by
a hospice program) who is employed by or working under contract with a Federally qualified health center, a Federally qualified health center shall be paid for such services under the
prospective payment system under this subsection.’’; and
(2) by adding at the end the following new subsection:
‘‘(y) PAYMENT FOR ATTENDING PHYSICIAN SERVICES FURNISHED
BY RURAL HEALTH CLINICS TO HOSPICE PATIENTS.—In the case
of services described in section 1812(d)(2)(A)(ii) furnished on or
after January 1, 2022, by an attending physician (as defined in
section 1861(dd)(3)(B), other than a physician or practitioner who
is employed by a hospice program) who is employed by or working
under contract with a rural health clinic, a rural health clinic
shall be paid for such services under the methodology for allinclusive rates (established by the Secretary) under section
1833(a)(3), subject to the limits described in section 1833(f).’’.

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SEC. 133. DELAY TO THE IMPLEMENTATION OF THE RADIATION
ONCOLOGY MODEL UNDER THE MEDICARE PROGRAM.

Notwithstanding any provision of section 1115A of the Social
Security Act (42 U.S.C. 1315a), the Secretary of Health and Human
Services may not implement the radiation oncology model described
in the rule entitled ‘‘Medicare Program; Specialty Care Models
To Improve Quality of Care and Reduce Expenditures’’ (85 Fed.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2977

Reg. 61114 et seq.), or any substantially similar model, pursuant
to such section before January 1, 2022.
SEC. 134. IMPROVING ACCESS TO SKILLED NURSING FACILITY SERVICES FOR HEMOPHILIA PATIENTS.

(a) IN GENERAL.—Section 1888(e)(2)(A)(iii) of the Social Security
Act (42 U.S.C. 1395yy(e)(2)(A)(iii)) is amended by adding at the
end the following:
‘‘(VI) Blood clotting factors indicated for the
treatment of patients with hemophilia and other
bleeding disorders (identified as of July 1, 2020,
by HCPCS codes J7170, J7175, J7177–J7183,
J7185–J7190, J7192–J7195, J7198–J7203, J7205,
J7207–J7211, and as subsequently modified by the
Secretary) and items and services related to the
furnishing of such factors under section
1842(o)(5)(C), and any additional blood clotting factors identified by the Secretary and items and
services related to the furnishing of such factors
under such section.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall apply to items and services furnished on or after October
1, 2021.

42 USC 1395yy
note.

TITLE II—MEDICAID EXTENDERS AND
OTHER POLICIES
SEC. 201. ELIMINATING DSH REDUCTIONS FOR FISCAL YEARS 2021
THROUGH 2023.

Section 1923(f) of the Social Security Act (42 U.S.C. 1396r–
4(f)), as amended by section 1106 of the Further Continuing Appropriations Act, 2021, and Other Extensions Act, is amended—
(1) in paragraph (7)(A)—
(A) in clause (i), in the matter preceding subclause
(I), by striking ‘‘For the period’’ and all that follows through
‘‘2025’’ and inserting ‘‘For each of fiscal years 2024 through
2027,’’; and
(B) in clause (ii), by striking ‘‘equal to—’’ and all that
follows through the period at the end and inserting ‘‘equal
to $8,000,000,000 for each of fiscal years 2024 through
2027’’; and
(2) in paragraph (8), by striking ‘‘2025’’ and inserting
‘‘2027’’.

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SEC. 202. SUPPLEMENTAL PAYMENT REPORTING REQUIREMENTS.

Section 1903 of the Social Security Act (42 U.S.C. 1396b) is
amended by adding at the end the following new subsection:
‘‘(bb) SUPPLEMENTAL PAYMENT REPORTING REQUIREMENTS.—
‘‘(1) COLLECTION AND AVAILABILITY OF SUPPLEMENTAL PAYMENT DATA.—
‘‘(A) IN GENERAL.—Not later than October 1, 2021,
the Secretary shall establish a system for each State to
submit reports, as determined appropriate by the Secretary,
on supplemental payments data, as a requirement for a
State plan or State plan amendment that would provide
for a supplemental payment.

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State and local
governments.
Determination.

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134 STAT. 2978

PUBLIC LAW 116–260—DEC. 27, 2020
‘‘(B) REQUIREMENTS.—Each report submitted by a State
in accordance with the requirement established under
subparagraph (A) shall include the following:
‘‘(i) An explanation of how supplemental payments
made under the State plan or a State plan amendment
will result in payments that are consistent with section
1902(a)(30)(A), including standards with respect to efficiency, economy, quality of care, and access, along with
the stated purpose and intended effects of the supplemental payment.
‘‘(ii) The criteria used to determine which providers
are eligible to receive the supplemental payment.
‘‘(iii) A comprehensive description of the methodology used to calculate the amount of, and distribute,
the supplemental payment to each eligible provider,
including—
‘‘(I) data on the amount of the supplemental
payment made to each eligible provider, if known,
or, if the total amount is distributed using a formula based on data from 1 or more fiscal years,
data on the total amount of the supplemental payments for the fiscal year or years available to
all providers eligible to receive a supplemental
payment;
‘‘(II) if applicable, the specific criteria with
respect to Medicaid service, utilization, or cost data
to be used as the basis for calculations regarding
the amount or distribution of the supplemental
payment; and
‘‘(III) the timing of the supplemental payment
made to each eligible provider.
‘‘(iv) An assurance that the total Medicaid payments made to an inpatient hospital provider,
including the supplemental payment, will not exceed
upper payment limits.
‘‘(v) If not already submitted, an upper payment
limit demonstration under section 447.272 of title 42,
Code of Federal Regulations (as such section is in
effect as of the date of enactment of this subsection).
‘‘(C) PUBLIC AVAILABILITY.—The Secretary shall make
all reports and related data submitted under this paragraph publicly available on the website of the Centers
for Medicare & Medicaid Services on a timely basis.
‘‘(2) SUPPLEMENTAL PAYMENT DEFINED.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), in this
subsection, the term ‘supplemental payment’ means a payment to a provider that is in addition to any base payment
made to the provider under the State plan under this
title or under demonstration authority.
‘‘(B) DSH PAYMENTS EXCLUDED.—Such term does not
include a disproportionate share hospital payment made
under section 1923.’’.

Criteria.
Determination.

Web posting.

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SEC. 203. MEDICAID SHORTFALL AND THIRD PARTY PAYMENTS.

(a) IN GENERAL.—Subsection (g) of section 1923 of the Social
Security Act (42 U.S.C. 1396r–4) is amended to read as follows:
‘‘(g) LIMIT ON AMOUNT OF PAYMENT TO HOSPITAL.—

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2979

‘‘(1) IN GENERAL.—
‘‘(A) AMOUNT OF ADJUSTMENT SUBJECT TO UNCOMPENSATED COSTS.—A payment adjustment during a fiscal year
shall not be considered to be consistent with subsection
(c) with respect to a hospital (other than a hospital
described in paragraph (2)(B)) if the payment adjustment
exceeds an amount equal to—
‘‘(i) the costs incurred during the year of furnishing
hospital services by the hospital to individuals
described in subparagraph (B) minus—
‘‘(ii) the sum of—
‘‘(I) payments under this title (other than
under this section) for such services; and
‘‘(II) payments by uninsured patients for such
services.
‘‘(B) INDIVIDUALS DESCRIBED.—For purposes of
subparagraph (A), the individuals described in this clause
are the following:
‘‘(i) Individuals who are eligible for medical assistance under the State plan or under a waiver of such
plan and for whom the State plan or waiver is the
primary payor for such services.
‘‘(ii) Subject to subparagraph (C), individuals who
have no health insurance (or other source of third
party coverage) for services provided during the year,
as determined by the Secretary.
‘‘(C) EXCLUSION OF CERTAIN PAYMENTS.—For purposes
of subparagraph (B)(ii), payments made to a hospital for
services provided to indigent patients made by a State
or a unit of local government within a State shall not
be considered to be a source of third party coverage.
‘‘(2) APPLICATION OF LIMITS FOR CERTAIN HOSPITALS.—
‘‘(A) IN GENERAL.—A payment adjustment during a
fiscal year shall not be considered to be consistent with
subsection (c) with respect to a hospital described in
subparagraph (B) if the payment adjustment exceeds the
higher of—
‘‘(i) the amount determined for the hospital and
fiscal year under paragraph (1)(A); and
‘‘(ii) the amount determined for the hospital under
paragraph (1)(A) as in effect on January 1, 2020.
‘‘(B) HOSPITALS DESCRIBED.—A hospital is described
in this subparagraph for a fiscal year if, for the most
recent cost reporting period, the hospital is in at least
the 97th percentile of all hospitals with respect to—
‘‘(i) the number of inpatient days for such period
that were made up of patients who (for such days)
were entitled to benefits under part A of title XVIII
and were entitled to supplemental security income
benefits under title XVI (excluding any State supplementary benefits paid with respect to such patients);
or
‘‘(ii) the percentage of total inpatient days that
were made up of patients who (for such days) were
described in clause (i).’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall take effect on October 1, 2021, and shall apply to payment

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Determination.

Applicability.
42 USC 1396r–4
note.

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134 STAT. 2980

PUBLIC LAW 116–260—DEC. 27, 2020

adjustments made under section 1923 of the Social Security Act
(42 U.S.C. 1396r–4) during fiscal years beginning on or after such
date.
SEC. 204. EXTENSION OF MONEY FOLLOWS THE PERSON REBALANCING
DEMONSTRATION.

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42 USC 1396a
note.

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(a) IN GENERAL.—
(1) FUNDING.—Section 6071(h) of the Deficit Reduction Act
of 2005 (42 U.S.C. 1396a note) is amended—
(A) in paragraph (1)—
(i) in each of subparagraphs (F) through (H), by
striking ‘‘subject to paragraph (3),’’;
(ii) in subparagraph (G), by striking ‘‘and’’ at the
end;
(iii) in subparagraph (H), by striking the period
and inserting a semicolon; and
(iv) by adding at the end the following new subparagraphs:
‘‘(I) for the period beginning on December 19, 2020,
and ending on September 30, 2021, the amount equal to
the pro rata portion of an annual appropriation of
$450,000,000;
‘‘(J) $450,000,000 for fiscal year 2022; and
‘‘(K) $450,000,000 for fiscal year 2023.’’;
(B) in paragraph (2)—
(i) by striking ‘‘Subject to paragraph (3), amounts’’
and inserting ‘‘Amounts’’; and
(ii) by striking ‘‘2021’’ and inserting ‘‘2023’’; and
(C) by striking paragraph (3).
(2) RESEARCH AND EVALUATION.—Section 6071(g) of the
Deficit Reduction Act of 2005 (42 U.S.C. 1396a note) is
amended—
(A) in paragraph (2), by striking ‘‘2016’’ and inserting
‘‘2026’’; and
(B) in paragraph (3), by inserting ‘‘and for each of
fiscal years 2021 through 2023’’ after ‘‘2016,’’.
(b) CHANGES TO INSTITUTIONAL RESIDENCY PERIOD REQUIREMENT.—
(1) IN GENERAL.—Section 6071(b)(2) of the Deficit Reduction
Act of 2005 (42 U.S.C. 1396a note) is amended—
(A) in subparagraph (A)(i), by striking ‘‘90’’ and
inserting ‘‘60’’; and
(B) by striking the flush sentence after subparagraph
(B).
(2) EFFECTIVE DATE.—The amendments made by paragraph
(1) shall take effect on the date that is 30 days after the
date of the enactment of this Act.
(c) UPDATES TO STATE APPLICATION REQUIREMENTS.—Section
6071 of the Deficit Reduction Act of 2005 (42 U.S.C. 1396a note)
is amended—
(1) in subsection (c)—
(A) in paragraph (3), by striking ‘‘, which shall include’’
and all that follows through ‘‘2007’’;
(B) in paragraph (7)—
(i) in the paragraph heading, by striking ‘‘REBALANCING’’ and inserting ‘‘EXPENDITURES’’;

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2981

(ii) in subparagraph (A), by adding ‘‘and’’ at the
end; and
(iii) in subparagraph (B)—
(I) in clause (i), by striking ‘‘and’’ at the end;
(II) in clause (ii), by striking the period at
the end and inserting a semicolon; and
(III) by adding at the end the following:
‘‘(iii) include a work plan that describes for each Federal fiscal year that occurs during the proposed MFP demonstration project—
‘‘(I) the use of grant funds for each proposed initiative that is designed to accomplish the objective
described in subsection (a)(1), including a funding
source for each activity that is part of each such proposed initiative;
‘‘(II) an evaluation plan that identifies expected
results for each such proposed initiative; and
‘‘(III) a sustainability plan for components of such
proposed initiatives that are intended to improve
transitions, which shall be updated with actual
expenditure information for each Federal fiscal year
that occurs during the MFP demonstration project;
and
‘‘(iv) contain assurances that grant funds used to
accomplish the objective described in subsection (a)(1) shall
be obligated not later than 24 months after the date on
which the funds are awarded and shall be expended not
later than 60 months after the date on which the funds
are awarded (unless the Secretary waives either such
requirement).’’; and
(C) in paragraph (13)—
(i) in subparagraph (A), by striking ‘‘; and’’ and
inserting ‘‘, and in such manner as will meet the
reporting requirements set forth for the Transformed
Medicaid Statistical Information System (T–MSIS);’’;
(ii) by redesignating subparagraph (B) as subparagraph (D); and
(iii) by inserting after subparagraph (A) the following:
‘‘(B) the State shall report on a quarterly basis on
the use of grant funds by distinct activity, as described
in the approved work plan, and by specific population as
targeted by the State;
‘‘(C) if the State fails to report the information required
under subparagraph (B), fails to report such information
on a quarterly basis, or fails to make progress under the
approved work plan, the State shall implement a corrective
action plan approved by the Secretary; and’’; and
(2) in subsection (d)(4), by adding at the end the following
new subparagraph:
‘‘(C) CORRECTIVE ACTION PLAN PROGRESS.—In the case
of a State required to implement a corrective action plan
under subparagraph (C) of subsection (c)(13), the State
must implement such plan and demonstrate progress in
reporting information under subparagraph (B) of such subsection or progress under the approved work plan (as
applicable).’’.

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Work plan.

Evaluation plan.
Sustainability
plan.

Deadlines.

Reports.

Action plan.

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134 STAT. 2982

Grants.
Contracts.

Analyses.

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Determination.

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PUBLIC LAW 116–260—DEC. 27, 2020

(d) FUNDING FOR QUALITY ASSURANCE AND IMPROVEMENT;
TECHNICAL ASSISTANCE; OVERSIGHT.—Section 6071(f) of the Deficit
Reduction Act of 2005 (42 U.S.C. 1396a note) is amended by striking
paragraph (2) and inserting the following:
‘‘(2) FUNDING.—From the amounts appropriated under subsection (h)(1), $3,000,000 shall be available to the Secretary
to carry out this subsection. Such amount shall remain available until expended.’’.
(e) BEST PRACTICES EVALUATION.—Section 6071 of the Deficit
Reduction Act of 2005 (42 U.S.C. 1396a note) is amended by adding
at the end the following:
‘‘(i) BEST PRACTICES.—
‘‘(1) REPORT.—The Secretary, directly or through grant or
contract, shall submit a report to the President and Congress
not later than September 30, 2022, that contains findings and
conclusions on best practices from MFP demonstration projects
carried out with grants made under this section. The report
shall include information and analyses with respect to the
following:
‘‘(A) The most effective State strategies for
transitioning beneficiaries from institutional to qualified
community settings carried out under MFP demonstration
projects and how such strategies may vary for different
types of beneficiaries, such as beneficiaries who are aged,
physically disabled, intellectually or developmentally disabled, or individuals with serious mental illnesses, and
other targeted waiver beneficiary populations under section
1915(c) of the Social Security Act.
‘‘(B) The most common and the most effective State
uses of grant funds carried out under demonstration
projects for transitioning beneficiaries from institutional
to qualified community settings and improving health outcomes, including differentiating funding for current initiatives that are designed for such purpose and funding for
proposed initiatives that are designed for such purpose.
‘‘(C) The most effective State approaches carried out
under MFP demonstration projects for improving personcentered care and planning.
‘‘(D) Identification of program, financing, and other
flexibilities available under MFP demonstration projects,
that are not available under the traditional Medicaid program, and which directly contributed to successful transitions and improved health outcomes under MFP demonstration projects.
‘‘(E) State strategies and financing mechanisms for
effective coordination of housing financed or supported
under MFP demonstration projects with local housing
authorities and other resources.
‘‘(F) Effective State approaches for delivering Money
Follows the Person transition services through managed
care entities.
‘‘(G) Other best practices and effective transition strategies demonstrated by States with approved MFP demonstration projects, as determined by the Secretary.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2983

‘‘(H) Identification and analyses of opportunities and
challenges to integrating effective Money Follows the Person practices and State strategies into the traditional Medicaid program.
‘‘(2) COLLABORATION.—In preparing the report required
under this subsection, the Secretary shall collect and incorporate information from States with approved MFP demonstration projects and beneficiaries participating in such projects,
and providers participating in such projects.
‘‘(3) WAIVER OF PAPERWORK REDUCTION ACT.—Chapter 35
of title 44, United States Code, shall not apply to preparation
of the report described in paragraph (1) or collection of information described in paragraph (2).
‘‘(4) FUNDING.—From the amounts appropriated under subsection (h)(1) for each of fiscal years 2021 and 2022, not more
than $300,000 shall be available to the Secretary for each
such fiscal year to carry out this subsection.’’.
(f) MACPAC REPORT ON QUALIFIED SETTINGS CRITERIA.—Section 6071 of the Deficit Reduction Act of 2005 (42 U.S.C. 1396a
note), as amended by subsection (e), is further amended by adding
at the end the following:
‘‘(j) MACPAC REPORT.—Prior to the final implementation date
established by the Secretary for the criteria established for home
and community-based settings in section 441.301(c)(4) of title 42,
Code of Federal Regulations, as part of final implementation of
the Home and Community Based Services (HCBS) Final Rule published on January 16, 2014 (79 Fed. Reg. 2947) (referred to in
this subsection as the ‘HCBS final rule’), the Medicaid and CHIP
Payment and Access Commission (MACPAC) shall submit to Congress a report that—
‘‘(1) identifies the types of home and community-based settings and associated services that are available to eligible
individuals in both the MFP demonstration program and sites
in compliance with the HCBS final rule; and
‘‘(2) if determined appropriate by the Commission, recommends policies to align the criteria for a qualified residence
under subsection (b)(6) (as in effect on October 1, 2017) with
the criteria in the HCBS final rule.’’.
(g) APPLICATION TO CURRENT PROJECTS.—Not later than 1 year
after the date of the enactment of this Act, the Secretary shall
update the terms and conditions of any approved MFP demonstration project under section 6071 of the Deficit Reduction Act of
2005 (42 U.S.C. 1396a note) in effect on the date of the enactment
of this Act to ensure that such terms and conditions are the same
as are required for any new State applicant for such project under
the amendments made by this section.

Determination.
Recommendations.
Deadline.
42 USC 1396a
note.

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SEC. 205. EXTENSION OF SPOUSAL IMPOVERISHMENT PROTECTIONS.

(a) IN GENERAL.—Section 2404 of the Patient Protection and
Affordable Care Act (42 U.S.C. 1396r-5 note) is amended by striking
‘‘December 18, 2020’’ and inserting ‘‘September 30, 2023’’.
(b) RULE OF CONSTRUCTION.—Nothing in section 2404 of Public
Law 111-148 (42 U.S.C. 1396r-5 note) or section 1902(a)(17) or
1924 of the Social Security Act (42 U.S.C. 1396a(a)(17), 1396r5) shall be construed as prohibiting a State from—

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note.

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134 STAT. 2984

PUBLIC LAW 116–260—DEC. 27, 2020
(1) applying an income or resource disregard under a methodology authorized under section 1902(r)(2) of such Act (42
U.S.C. 1396a(r)(2))—
(A) to the income or resources of an individual
described in section 1902(a)(10)(A)(ii)(VI) of such Act (42
U.S.C. 1396a(a)(10)(A)(ii)(VI)) (including a disregard of the
income or resources of such individual’s spouse); or
(B) on the basis of an individual’s need for home and
community-based services authorized under subsection (c),
(d), (i), or (k) of section 1915 of such Act (42 U.S.C. 1396n)
or under section 1115 of such Act (42 U.S.C. 1315); or
(2) disregarding an individual’s spousal income and assets
under a plan amendment to provide medical assistance for
home and community-based services for individuals by reason
of being determined eligible under section 1902(a)(10)(C) of
such Act (42 U.S.C. 1396a(a)(10)(C)) or by reason of section
1902(f) of such Act (42 U.S.C. 1396a(f)) or otherwise on the
basis of a reduction of income based on costs incurred for
medical or other remedial care under which the State disregarded the income and assets of the individual’s spouse in
determining the initial and ongoing financial eligibility of an
individual for such services in place of the spousal impoverishment provisions applied under section 1924 of such Act (42
U.S.C. 1396r-5).

SEC. 206. EXTENSION OF COMMUNITY MENTAL HEALTH SERVICES
DEMONSTRATION PROGRAM.

Section 223(d) of the Protecting Access to Medicare Act of
2014 (42 U.S.C. 1396a note), as amended by section 1104 of the
Further Continuing Appropriations Act, 2021, and Other Extensions
Act, is amended—
(1) in paragraph (3), by striking ‘‘under this subsection’’
and all that follows through the period and inserting ‘‘that
meet the requirements of this subsection through September
30, 2023.’’;
(2) in paragraph (5)(C)(iii)(I), by striking ‘‘during the 8
fiscal quarter period (or any portion of the period) that begins
on January 1, 2020’’ and inserting ‘‘through September 30,
2023’’;
(3) in paragraph (5)(C)(iii)(II), by inserting before the period
at the end ‘‘or through September 30, 2023, whichever is
longer’’;
(4) in paragraph (8)(A), by striking ‘‘to participate’’ and
all that follows through the period and inserting ‘‘to conduct
demonstration programs that meet the requirements of this
subsection for 2 years or through September 30, 2023, whichever is longer.’’.

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SEC. 207. CLARIFYING AUTHORITY OF STATE MEDICAID FRAUD AND
ABUSE CONTROL UNITS TO INVESTIGATE AND PROSECUTE CASES OF MEDICAID PATIENT ABUSE AND
NEGLECT IN ANY SETTING.

(a) IN GENERAL.—Section 1903(q)(4)(A)(ii) of the Social Security
Act (42 U.S.C. 1396b(q)(4)(A)(ii)) is amended by inserting after
‘‘patients residing in board and care facilities’’ the following: ‘‘and
of patients (who are receiving medical assistance under the State
plan under this title (or waiver of such plan)) in a noninstitutional
or other setting’’.

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134 STAT. 2985

(b) AVAILABILITY OF FUNDING.—Section 1903(a)(6) of the Social
Security Act (42 U.S.C. 1396b(a)(6)) is amended, in the matter
following subparagraph (B), by striking ‘‘(as found necessary by
the Secretary for the elimination of fraud in the provision and
administration of medical assistance provided under the State plan
(or waiver of such plan))’’.

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SEC. 208. MEDICAID COVERAGE FOR CITIZENS OF FREELY ASSOCIATED STATES.

(a) IN GENERAL.—Section 402(b)(2) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C.
1612(b)(2)) is amended by adding at the end the following new
subparagraph:
‘‘(G) MEDICAID EXCEPTION FOR CITIZENS OF FREELY
ASSOCIATED STATES.—With respect to eligibility for benefits
for the designated Federal program defined in paragraph
(3)(C) (relating to the Medicaid program), paragraph (1)
shall not apply to any individual who lawfully resides
in 1 of the 50 States or the District of Columbia in accordance with the Compacts of Free Association between the
Government of the United States and the Governments
of the Federated States of Micronesia, the Republic of
the Marshall Islands, and the Republic of Palau and shall
not apply, at the option of the Governor of Puerto Rico,
the Virgin Islands, Guam, the Northern Mariana Islands,
or American Samoa as communicated to the Secretary of
Health and Human Services in writing, to any individual
who lawfully resides in the respective territory in accordance with such Compacts.’’.
(b) EXCEPTION TO 5–YEAR LIMITED ELIGIBILITY.—Section 403(b)
of such Act (8 U.S.C. 1613(b)) is amended by adding at the end
the following new paragraph:
‘‘(3) EXCEPTION FOR CITIZENS OF FREELY ASSOCIATED
STATES.—An individual described in section 402(b)(2)(G), but
only with respect to the designated Federal program defined
in section 402(b)(3)(C).’’.
(c) DEFINITION OF QUALIFIED ALIEN.—Section 431(b) of such
Act (8 U.S.C. 1641(b)) is amended—
(1) in paragraph (6), by striking ‘‘; or’’ at the end and
inserting a comma;
(2) in paragraph (7), by striking the period at the end
and inserting ‘‘, or’’; and
(3) by adding at the end the following new paragraph:
‘‘(8) an individual who lawfully resides in the United States
in accordance with a Compact of Free Association referred
to in section 402(b)(2)(G), but only with respect to the designated Federal program defined in section 402(b)(3)(C)
(relating to the Medicaid program).’’.
(d) CONFORMING AMENDMENTS.—Section 1108 of the Social
Security Act (42 U.S.C. 1308) is amended—
(1) in subsection (f), in the matter preceding paragraph
(1), by striking ‘‘subsection (g) and section 1935(e)(1)(B)’’ and
inserting ‘‘subsections (g) and (h) and section 1935(e)(1)(B)’’;
and
(2) by adding at the end the following:
‘‘(h) EXCLUSION OF MEDICAL ASSISTANCE EXPENDITURES FOR
CITIZENS OF FREELY ASSOCIATED STATES.—Expenditures for medical

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134 STAT. 2986

8 USC 1612 note.

PUBLIC LAW 116–260—DEC. 27, 2020

assistance provided to an individual described in section 431(b)(8)
of the Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 (8 U.S.C. 1641(b)(8)) shall not be taken into account
for purposes of applying payment limits under subsections (f) and
(g).’’.
(e) EFFECTIVE DATE.—The amendments made by this section
shall apply to benefits for items and services furnished on or after
the date of the enactment of this Act.
SEC. 209. MEDICAID COVERAGE OF CERTAIN MEDICAL TRANSPORTATION.

(a) CONTINUING REQUIREMENT OF MEDICAID COVERAGE OF NECTRANSPORTATION.—
(1) REQUIREMENT.—Section 1902(a)(4) of the Social Security
Act (42 U.S.C. 1396a(a)(4)) is amended—
(A) by striking ‘‘and including provision for utilization’’
and inserting ‘‘including provision for utilization’’; and
(B) by inserting after ‘‘supervision of administration
of the plan’’ the following: ‘‘, and, subject to section 1903(i),
including a specification that the single State agency
described in paragraph (5) will ensure necessary transportation for beneficiaries under the State plan to and from
providers and a description of the methods that such agency
will use to ensure such transportation’’.
(2) APPLICATION WITH RESPECT TO BENCHMARK BENEFIT
PACKAGES AND BENCHMARK EQUIVALENT COVERAGE.—Section
1937(a)(1) of the Social Security Act (42 U.S.C. 1396u–7(a)(1))
is amended—
(A) in subparagraph (A), by striking ‘‘subsection (E)’’
and inserting ‘‘subparagraphs (E) and (F)’’; and
(B) by adding at the end the following new subparagraph:
‘‘(F) NECESSARY TRANSPORTATION.—Notwithstanding
the preceding provisions of this paragraph, a State may
not provide medical assistance through the enrollment of
an individual with benchmark coverage or benchmark
equivalent coverage described in subparagraph (A)(i)
unless, subject to section 1903(i)(9) and in accordance with
section 1902(a)(4), the benchmark benefit package or benchmark equivalent coverage (or the State)—
‘‘(i) ensures necessary transportation for individuals enrolled under such package or coverage to and
from providers; and
‘‘(ii) provides a description of the methods that
will be used to ensure such transportation.’’.
(3) LIMITATION ON FEDERAL FINANCIAL PARTICIPATION.—
Section 1903(i) of the Social Security Act (42 U.S.C. 1396b(i))
is amended by inserting after paragraph (8) the following new
paragraph:
‘‘(9) with respect to any amount expended for non-emergency transportation authorized under section 1902(a)(4),
unless the State plan provides for the methods and procedures
required under section 1902(a)(30)(A); or’’.
(4) EFFECTIVE DATE.—The amendments made by this subsection shall take effect on the date of the enactment of this
Act and shall apply to transportation furnished on or after
such date.

ESSARY

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42 USC 1396a
note.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2987

(b) MEDICAID PROGRAM INTEGRITY MEASURES RELATED TO COVNONEMERGENCY MEDICAL TRANSPORTATION.—
(1) GAO STUDY.—Not later than two years after the date
of the enactment of this Act, the Comptroller General of the
United States shall conduct a study, and submit to Congress,
a report on coverage under the Medicaid program under title
XIX of the Social Security Act of nonemergency transportation
to services. Such study shall take into account the 2009 report
of the Office of the Inspector General of the Department of
Health and Human Services, titled ‘‘Fraud and Abuse Safeguards for State Medicaid Nonemergency Medical Transportation Services’’ (OEI–06–07–00320). Such report shall include
the following:
(A) An examination of the 50 States and the District
of Columbia to identify safeguards to prevent and detect
fraud and abuse with respect to coverage under the Medicaid program of nonemergency transportation to covered
services.
(B) An examination of transportation brokers to identify the range of safeguards against such fraud and abuse
to prevent improper payments for such transportation.
(C) Identification of the numbers, types, and outcomes
of instances of fraud and abuse, with respect to coverage
under the Medicaid program of such transportation, that
State Medicaid Fraud Control Units have investigated in
recent years.
(D) Identification of commonalities or trends in program integrity, with respect to such coverage, to inform
risk management strategies of States and the Centers for
Medicare & Medicaid Services.
(2) STAKEHOLDER MEETINGS.—
(A) IN GENERAL.—Not later than 18 months after the
date of the enactment of this Act, the Secretary of Health
and Human Services, through the Centers for Medicare
& Medicaid Services, shall convene a series of meetings
to obtain input from appropriate stakeholders to facilitate
discussion and shared learning about the leading practices
for improving Medicaid program integrity, with respect
to coverage of nonemergency transportation to medically
necessary services.
(B) TOPICS.—The meetings convened under subparagraph (A) shall—
(i) focus on ongoing challenges to Medicaid program integrity as well as leading practices to address
such challenges; and
(ii) address specific challenges raised by stakeholders involved in coverage under the Medicaid program of nonemergency transportation to covered services, including unique considerations for specific groups
of Medicaid beneficiaries meriting particular attention,
such as American Indians and tribal land issues or
accommodations for individuals with disabilities.
(C)
STAKEHOLDERS.—Stakeholders
described
in
subparagraph (A) shall include individuals from State Medicaid programs, brokers for nonemergency transportation
to medically necessary services that meet the criteria
described in section 1902(a)(70)(B) of the Social Security

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ERAGE OF

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Deadline.

Examinations.

Deadline.

PUBL260B

134 STAT. 2988

Deadline.
Assessment.
Updates.
42 USC 1396a
note.

Violation.
Disclosure.

42 USC 1396a
note.

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Plans.
Determination.

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PUBLIC LAW 116–260—DEC. 27, 2020
Act (42 U.S.C. 1396a(a)(70)(B)), providers (including
transportation network companies), Medicaid patient advocates, and such other individuals specified by the Secretary.
(3) GUIDANCE REVIEW.—Not later than 24 months after
the date of the enactment of this Act, the Secretary of Health
and Human Services, through the Centers for Medicare &
Medicaid Services, shall assess guidance issued to States by
the Centers for Medicare & Medicaid Services relating to Federal requirements for nonemergency transportation to medically
necessary services under the Medicaid program under title
XIX of the Social Security Act and update such guidance as
necessary to ensure States have appropriate and current guidance in designing and administering coverage under the Medicaid program of nonemergency transportation to medically necessary services.
(4) NEMT TRANSPORTATION PROVIDER AND DRIVER REQUIREMENTS.—
(A) STATE PLAN REQUIREMENT.—Section 1902(a) of the
Social Security Act (42 U.S.C. 1396a(a)) is amended—
(i) by striking ‘‘and’’ at the end of paragraph (85);
(ii) by striking the period at the end of paragraph
(86) and inserting ‘‘; and’’; and
(iii) by inserting after paragraph (86) the following
new paragraph:
‘‘(87) provide for a mechanism, which may include attestation, that ensures that, with respect to any provider (including
a transportation network company) or individual driver of nonemergency transportation to medically necessary services
receiving payments under such plan (but excluding any public
transit authority), at a minimum—
‘‘(A) each such provider and individual driver is not
excluded from participation in any Federal health care
program (as defined in section 1128B(f)) and is not listed
on the exclusion list of the Inspector General of the Department of Health and Human Services;
‘‘(B) each such individual driver has a valid driver’s
license;
‘‘(C) each such provider has in place a process to
address any violation of a State drug law; and
‘‘(D) each such provider has in place a process to disclose to the State Medicaid program the driving history,
including any traffic violations, of each such individual
driver employed by such provider, including any traffic
violations.’’.
(B) EFFECTIVE DATE.—
(i) IN GENERAL.—Except as provided in clause (ii),
the amendments made by subparagraph (A) shall take
effect on the date of the enactment of this Act and
shall apply to services furnished on or after the date
that is one year after the date of the enactment of
this Act.
(ii) EXCEPTION.—In the case of a State plan under
title XIX of the Social Security Act (42 U.S.C. 1396
et seq.), or waiver of such plan, that the Secretary
of Health and Human Services determines requires
State legislation in order for the respective plan to
meet any requirement imposed by amendments made

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2989

by this section, the respective plan shall not be
regarded as failing to comply with the requirements
of such title solely on the basis of its failure to meet
such an additional requirement before the first day
of the first calendar quarter beginning after the close
of the first regular session of the State legislature
that begins after the date of the enactment of this
Act. For purposes of the previous sentence, in the
case of a State that has a 2-year legislative session,
each year of the session shall be considered to be
a separate regular session of the State legislature.
(5) ANALYSIS OF T–MSIS DATA.—Not later than one year
after the date of the enactment of this Act, the Secretary
of Health and Human Services, through the Centers for Medicare & Medicaid Services, shall analyze, and submit to Congress
a report on, the nation-wide data set under the Transformed
Medicaid Statistical Information System to identify recommendations relating to coverage under the Medicaid program
under title XIX of the Social Security Act of nonemergency
transportation to medically necessary services.
(c) CONSULTATION RELATING TO NONEMERGENCY MEDICAL
TRANSPORTATION.—In the case of a State that exercises the option
described in section 1902(a)(70) of the Social Security Act (42 U.S.C.
1396a(a)(7)), in establishing a non-emergency medical transportation brokerage program under such section, a State Medicaid
agency may consult relevant stakeholders, including stakeholders
representing patients, medical providers, Medicaid managed care
organizations, brokers for non-emergency medical transportation,
and transportation providers (including public transportation providers).

Reports.

42 USC 1396a
note.

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SEC. 210. PROMOTING ACCESS TO LIFE-SAVING THERAPIES FOR MEDICAID ENROLLEES BY ENSURING COVERAGE OF ROUTINE PATIENT COSTS FOR ITEMS AND SERVICES FURNISHED IN CONNECTION WITH PARTICIPATION IN QUALIFYING CLINICAL TRIALS.

(a) IN GENERAL.—Section 1905 of the Social Security Act (42
U.S.C. 1396d) is amended—
(1) in subsection (a)—
(A) in paragraph (29), by striking ‘‘and’’ at the end;
(B) by redesignating paragraph (30) as paragraph (31);
and
(C) by inserting after paragraph (29) the following
new paragraph:
‘‘(30) subject to subsection (gg), routine patient costs for
items and services furnished in connection with participation
in a qualifying clinical trial (as defined in such subsection);
and’’; and
(2) by adding at the end the following new subsection:
‘‘(gg)(1) ROUTINE PATIENT COSTS.—For purposes of subsection
(a)(30), with respect to a State and an individual enrolled under
the State plan (or a waiver of such plan) who participates in
a qualifying clinical trial, routine patient costs—
‘‘(A) include any item or service provided to the individual
under the qualifying clinical trial, including—

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134 STAT. 2990

PUBLIC LAW 116–260—DEC. 27, 2020
‘‘(i) any item or service provided to prevent, diagnose,
monitor, or treat complications resulting from such participation, to the extent that the provision of such an item
or service to the individual outside the course of such
participation would otherwise be covered under the State
plan or waiver; and
‘‘(ii) any item or service required solely for the provision
of the investigational item or service that is the subject
of such trial, including the administration of such investigational item or service; and
‘‘(B) does not include—
‘‘(i) an item or service that is the investigational item
or service that is—
‘‘(I) the subject of the qualifying clinical trial; and
‘‘(II) not otherwise covered outside of the clinical
trial under the State plan or waiver; or
‘‘(ii) an item or service that is—
‘‘(I) provided to the individual solely to satisfy
data collection and analysis needs for the qualifying
clinical trial and is not used in the direct clinical
management of the individual; and
‘‘(II) not otherwise covered under the State plan
or waiver.
‘‘(2) QUALIFYING CLINICAL TRIAL DEFINED.—
‘‘(A) IN GENERAL.—For purposes of this subsection and
subsection (a)(30), the term ‘qualifying clinical trial’ means
a clinical trial (in any clinical phase of development) that
is conducted in relation to the prevention, detection, or treatment of any serious or life-threatening disease or condition
and is described in any of the following clauses:
‘‘(i) The study or investigation is approved, conducted,
or supported (which may include funding through in-kind
contributions) by one or more of the following:
‘‘(I) The National Institutes of Health.
‘‘(II) The Centers for Disease Control and Prevention.
‘‘(III) The Agency for Healthcare Research and
Quality.
‘‘(IV) The Centers for Medicare & Medicaid Services.
‘‘(V) A cooperative group or center of any of the
entities described in subclauses (I) through (IV) or
the Department of Defense or the Department of Veterans Affairs.
‘‘(VI) A qualified non-governmental research entity
identified in the guidelines issued by the National
Institutes of Health for center support grants.
‘‘(VII) Any of the following if the conditions
described in subparagraph (B) are met:
‘‘(aa) The Department of Veterans Affairs.
‘‘(bb) The Department of Defense.
‘‘(cc) The Department of Energy.
‘‘(ii) The clinical trial is conducted pursuant to an
investigational new drug exemption under section 505(i)
of the Federal Food, Drug, and Cosmetic Act or an exemption for a biological product undergoing investigation under
section 351(a)(3) of the Public Health Service Act.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2991

‘‘(iii) The clinical trial is a drug trial that is exempt
from being required to have an exemption described in
clause (ii).
purposes
of
subparagraph
‘‘(B)
CONDITIONS.—For
(A)(i)(VII), the conditions described in this subparagraph, with
respect to a clinical trial approved or funded by an entity
described in such subparagraph (A)(i)(VII), are that the clinical
trial has been reviewed and approved through a system of
peer review that the Secretary determines—
‘‘(i) to be comparable to the system of peer review
of studies and investigations used by the National
Institutes of Health; and
‘‘(ii) assures unbiased review of the highest scientific
standards by qualified individuals with no interest in the
outcome of the review.
‘‘(3) COVERAGE DETERMINATION REQUIREMENTS.—A determination with respect to coverage under subsection (a)(30) for an individual participating in a qualifying clinical trial—
‘‘(A) shall be expedited and completed within 72 hours;
‘‘(B) shall be made without limitation on the geographic
location or network affiliation of the health care provider
treating such individual or the principal investigator of the
qualifying clinical trial;
‘‘(C) shall be based on attestation regarding the appropriateness of the qualifying clinical trial by the health care
provider and principal investigator described in subparagraph
(B), which shall be made using a streamlined, uniform form
developed for State use by the Secretary and that includes
the option to reference information regarding the qualifying
clinical trial that is publicly available on a website maintained
by the Secretary, such as clinicaltrials.gov (or a successor
website); and
‘‘(D) shall not require submission of the protocols of the
qualifying clinical trial, or any other documentation that may
be proprietary or determined by the Secretary to be burdensome
to provide.’’.
(b) REQUIRING MANDATORY COVERAGE UNDER STATE PLAN.—
Section 1902(a)(10)(A) of such Act is amended, in the matter preceding clause (i), by striking ‘‘and (29)’’ and inserting ‘‘(29), and
(30)’’.
(c) INCLUSION IN BENCHMARK COVERAGE.—Section 1937(b)(5)
of such Act is amended by inserting before the period at the end
the following: ‘‘, and beginning January 1, 2022, coverage of routine
patient costs for items and services furnished in connection with
participation in a qualifying clinical trial (as defined in section
1905(gg))’’.
(d) EXEMPTION OF ADDITIONAL EXPENDITURES FROM PAYMENT
LIMITS FOR TERRITORIES.—Section 1108(g)(4) of the Social Security
Act (42 U.S.C. 1308(g)(4)) is amended—
(1) by striking ‘‘With respect to’’ and inserting the following:
‘‘(A) IN GENERAL.—With respect to’’; and
(2) by adding at the end the following new subparagraph:
‘‘(B) ADDITIONAL EXEMPTION.—Payments under section
1903 for medical assistance consisting of routine patient
costs (as defined in section 1905(gg)(1)) shall not be taken
into account in applying subsection (f).’’.
(e) EFFECTIVE DATE.—

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Peer review.
Determination.

Deadline.

Public
information.
Web posting.

42 USC 1308
note.

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134 STAT. 2992

PUBLIC LAW 116–260—DEC. 27, 2020
(1) IN GENERAL.—The amendments made by this section
shall apply with respect to items and services furnished on
or after January 1, 2022.
(2) EXCEPTION FOR STATE LEGISLATION.—In the case of
a State plan under title XIX of the Social Security Act (42
U.S.C. 1396 et seq.), or waiver of such plan, that the Secretary
of Health and Human Services determines requires State legislation in order for the respective plan to meet any requirement
imposed by amendments made by this section, the respective
plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet
such an additional requirement before the first day of the
first calendar quarter beginning after the close of the first
regular session of the State legislature that begins after the
date of the enactment of this Act. For purposes of the previous
sentence, in the case of a State that has a 2-year legislative
session, each year of the session shall be considered to be
a separate regular session of the State legislature.

Determination.

TITLE III—HUMAN SERVICES
42 USC 601 note.

Time periods.

SEC. 301. EXTENSION OF TANF, CHILD CARE ENTITLEMENT TO STATES,
AND RELATED PROGRAMS.

Activities authorized by part A of title IV and section 1108(b)
of the Social Security Act shall continue through September 30,
2021, in the manner authorized for fiscal year 2020, and out of
any money in the Treasury of the United States not otherwise
appropriated, there are hereby appropriated such sums as may
be necessary for such purpose. Grants and payments may be made
pursuant to this authority on a quarterly basis through the 4th
quarter of fiscal year 2021 at the level provided for such activities
for the corresponding quarter of fiscal year 2020.

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SEC. 302. PERSONAL RESPONSIBILITY EDUCATION EXTENSION.

Section 513 of the Social Security Act (42 U.S.C. 713) is
amended—
(1) in subsection (a)—
(A) in paragraph (1)—
(i) in subparagraph (A)—
(I) in the matter preceding clause (i), by
striking ‘‘2020 and for the period beginning
October 1, 2020, and ending December 18, 2020’’
and inserting ‘‘2023’’; and
(II) in clause (i), by striking ‘‘or period’’;
(ii) in subparagraph (B)(i), by striking the 2nd
sentence;
(iii) in subparagraph (C)(i)—
(I) by striking ‘‘or the period described in
subparagraph (A)’’; and
(II) by striking ‘‘or period’’;
(B) in paragraph (3)—
(i) by striking ‘‘or the period described in paragraph (1)(A)’’; and
(ii) by striking ‘‘or period’’; and
(C) in paragraph (4)—

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 2993

(i) by striking ‘‘2020 and for the period described
in paragraph (1)(A)’’ and inserting ‘‘2023’’;
(ii) by striking ‘‘2020 and for the period so
described’’ and inserting ‘‘2023’’; and
(iii) by striking ‘‘or the period so described’’;
(2) in subsection (c)—
(A) in each of paragraphs (1) and (2), by striking ‘‘Subject to paragraph (3), from’’ and inserting ‘‘From’’; and
(B) by striking paragraph (3); and
(3) in subsection (f), by striking ‘‘2020, and for the period
beginning on October 1, 2020, and ending on December 18,
2020, the amount equal to the pro rata portion of the amount
appropriated for such period for fiscal year 2020’’ and inserting
‘‘2023’’.
SEC. 303. SEXUAL RISK AVOIDANCE EDUCATION EXTENSION.

Section 510 of the Social Security Act (42 U.S.C. 710) is
amended—
(1) in subsection (a)—
(A) in paragraph (1)—
(i) in the matter preceding subparagraph (A)—
(I) by striking ‘‘2020 and for the period beginning October 1, 2020, and ending December 18,
2020’’ and inserting ‘‘2023’’; and
(II) by striking ‘‘(or, with respect to such
period, for fiscal year 2021)’’; and
(ii) in subparagraph (A), by striking ‘‘or period’’
each place it appears;
(B) in paragraph (2)—
(i) in subparagraph (A)—
(I) by striking ‘‘2020 and for the period beginning October 1, 2020, and ending December 18,
2020’’ and inserting ‘‘2023’’; and
(II) by striking ‘‘(or, with respect to such
period, for fiscal year 2021)’’; and
(ii) in subparagraph (B)(i), by striking ‘‘(or, with
respect to the period described in subparagraph (A),
for fiscal year 2021)’’; and
(2) in subsection (f)—
(A) in paragraph (1), by striking ‘‘2020, and for the
period beginning on October 1, 2020, and ending on
December 18, 2020, the amount equal to the pro rata
portion of the amount appropriated for such period for
fiscal year 2020’’ and inserting ‘‘2023’’; and
(B) in paragraph (2), by striking ‘‘2020, and for the
period described in paragraph (1),’’ and inserting ‘‘2023,’’.

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SEC. 304. EXTENSION OF SUPPORT FOR CURRENT HEALTH PROFESSIONS OPPORTUNITY GRANTS.

Out of any money in the Treasury of the United States not
otherwise appropriated, there are hereby appropriated to the Secretary of Health and Human Services $3,600,000, which shall be
available—
(1) through the end of fiscal year 2021 for necessary
administrative expenses to carry out grants made under section
2008(a) of the Social Security Act before the date of the enactment of this Act; and

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134 STAT. 2994

PUBLIC LAW 116–260—DEC. 27, 2020
(2) through the end of fiscal year 2022 for research, evaluation, and reporting under such section, and for necessary
administrative expenses to carry out these activities.

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SEC. 305. EXTENSION OF MARYLEE ALLEN PROMOTING SAFE AND
STABLE FAMILIES PROGRAM AND STATE COURT SUPPORT.

(a) EXTENSIONS.—Section 436 of the Social Security Act (42
U.S.C. 629f) is amended in each of subsections (a), (b)(4)(A), (b)(5),
and (f)(10) by striking ‘‘2021’’ and inserting ‘‘2022’’.
(b) PROGRAM CHANGES.—Section 438 of such Act (42 U.S.C.
629h) is amended—
(1) in subsection (a)—
(A) in paragraph (2)—
(i) in subparagraph (A), by inserting ‘‘in a timely
and complete manner’’ before ‘‘, as set forth’’; and
(ii) in subparagraph (C), by striking the semicolon
and inserting ‘‘, including by training judges, attorneys,
and other legal personnel.’’; and
(B) by striking paragraphs (3) and (4);
(2) in subsection (b)—
(A) by striking paragraph (2);
(B) by striking all that precedes ‘‘be eligible to receive’’
and inserting the following:
‘‘(b) APPLICATIONS.—In order to’’; and
(C) in the matter preceding paragraph (2)—
(i) by moving the matter 2 ems to the left;
(ii) in subparagraph (A)—
(I) by striking ‘‘(A) in the case of a grant
for the purpose described in subsection (a)(3),’’ and
inserting ‘‘(1)’’; and
(II) by inserting ‘‘use not less than 30 percent
of grant funds to’’ before ‘‘collaborate’’;
(iii) in subparagraph (B), by striking ‘‘(B) in the
case of a grant for the purpose described in subsection
(a)(4),’’ and inserting ‘‘(2)’’; and
(iv) in subparagraph (C), by striking ‘‘(C) in the
case of a grant for the purpose described in subsection
(a),’’ and inserting ‘‘(3)’’;
(3) by striking subsection (c) and inserting the following:
‘‘(c) AMOUNT OF GRANT.—
‘‘(1) IN GENERAL.—From the amounts reserved under sections 436(b)(2) and 437(b)(2) for a fiscal year, each highest
State court that has an application approved under this section
for the fiscal year shall be entitled to payment of an amount
equal to the sum of—
‘‘(A) $255,000; and
‘‘(B) the amount described in paragraph (2) with
respect to the court and the fiscal year.
‘‘(2) AMOUNT DESCRIBED.—The amount described in this
paragraph with respect to a court and a fiscal year is the
amount that bears the same ratio to the total of the amounts
reserved under sections 436(b)(2) and 437(b)(2) for grants under
this section for the fiscal year (after applying paragraphs (1)(A)
and (3) of this subsection) as the number of individuals in
the State in which the court is located who have not attained
21 years of age bears to the total number of such individuals

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134 STAT. 2995

in all States with a highest State court that has an approved
application under this section for the fiscal year.
‘‘(3) INDIAN TRIBES.—From the amounts reserved under
section 436(b)(2) for a fiscal year, the Secretary shall, before
applying paragraph (1) of this subsection, allocate $1,000,000
for grants to be awarded on a competitive basis among the
highest courts of Indian tribes or tribal consortia that—
‘‘(A) are operating a program under part E, in accordance with section 479B;
‘‘(B) are seeking to operate a program under part E
and have received an implementation grant under section
476; or
‘‘(C) have a court responsible for proceedings related
to foster care or adoption.’’; and
(4) in subsection (d), by striking ‘‘2017 through 2021’’ and
inserting ‘‘2018 through 2022’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect on October 1, 2021.

42 USC 629f
note.

TITLE IV—HEALTH OFFSETS

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SEC. 401. REQUIRING CERTAIN MANUFACTURERS TO REPORT DRUG
PRICING INFORMATION WITH RESPECT TO DRUGS
UNDER THE MEDICARE PROGRAM.

(a) IN GENERAL.—Section 1847A of the Social Security Act
(42 U.S.C. 1395w–3a) is amended—
(1) in subsection (b)—
(A) in paragraph (2)(A), by inserting ‘‘or subsection
(f)(2), as applicable’’ before the period at the end;
(B) in paragraph (3), in the matter preceding subparagraph (A), by inserting ‘‘or subsection (f)(2), as applicable,’’
before ‘‘determined by’’; and
(C) in paragraph (6)(A), in the matter preceding clause
(i), by inserting ‘‘or subsection (f)(2), as applicable,’’ before
‘‘determined by’’; and
(2) in subsection (f)—
(A) by striking ‘‘For requirements’’ and inserting the
following:
‘‘(1) IN GENERAL.—For requirements’’; and
(B) by adding at the end the following new paragraph:
‘‘(2) MANUFACTURERS WITHOUT A REBATE AGREEMENT
UNDER TITLE XIX.—
‘‘(A) IN GENERAL.—If the manufacturer of a drug or
biological described in subparagraph (C), (E), or (G) of
section 1842(o)(1) or in section 1881(b)(14)(B) that is payable under this part has not entered into and does not
have in effect a rebate agreement described in subsection
(b) of section 1927, for calendar quarters beginning on
January 1, 2022, such manufacturer shall report to the
Secretary the information described in subsection
(b)(3)(A)(iii) of such section 1927 with respect to such drug
or biological in a time and manner specified by the Secretary. For purposes of applying this paragraph, a drug
or biological described in the previous sentence includes
items, services, supplies, and products that are payable
under this part as a drug or biological.

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Reports.

Applicability.

PUBL260B

134 STAT. 2996

Survey.

Penalty.

Applicability.

Reviews.

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PUBLIC LAW 116–260—DEC. 27, 2020

‘‘(B) AUDIT.—Information reported under subparagraph
(A) is subject to audit by the Inspector General of the
Department of Health and Human Services.
‘‘(C) VERIFICATION.—The Secretary may survey wholesalers and manufacturers that directly distribute drugs
or biologicals described in subparagraph (A), when necessary, to verify manufacturer prices and manufacturer’s
average sales prices (including wholesale acquisition cost)
if required to make payment reported under subparagraph
(A). The Secretary may impose a civil monetary penalty
in an amount not to exceed $100,000 on a wholesaler,
manufacturer, or direct seller, if the wholesaler, manufacturer, or direct seller of such a drug or biological refuses
a request for information about charges or prices by the
Secretary in connection with a survey under this subparagraph or knowingly provides false information. The provisions of section 1128A (other than subsections (a) (with
respect to amounts of penalties or additional assessments)
and (b)) shall apply to a civil money penalty under this
subparagraph in the same manner as such provisions apply
to a penalty or proceeding under section 1128A(a).
‘‘(D) CONFIDENTIALITY.—Notwithstanding any other
provision of law, information disclosed by manufacturers
or wholesalers under this paragraph (other than the wholesale acquisition cost for purposes of carrying out this section) is confidential and shall not be disclosed by the Secretary in a form which discloses the identity of a specific
manufacturer or wholesaler or prices charged for drugs
or biologicals by such manufacturer or wholesaler, except—
‘‘(i) as the Secretary determines to be necessary
to carry out this section (including the determination
and implementation of the payment amount), or to
carry out section 1847B;
‘‘(ii) to permit the Comptroller General of the
United States to review the information provided;
‘‘(iii) to permit the Director of the Congressional
Budget Office to review the information provided;
‘‘(iv) to permit the Medicare Payment Advisory
Commission to review the information provided; and
‘‘(v) to permit the Medicaid and CHIP Payment
and Access Commission to review the information provided.’’.
(b) ENFORCEMENT.—Section 1847A of such Act (42 U.S.C.
1395w–3a) is further amended—
(1) in subsection (d)(4)—
(A) in subparagraph (A), by striking ‘‘IN GENERAL’’
and inserting ‘‘MISREPRESENTATION’’;
(B) in subparagraph (B), by striking ‘‘subparagraph
(B)’’ and inserting ‘‘subparagraph (A), (B), or (C)’’;
(C) by redesignating subparagraph (B) as subparagraph (E); and
(D) by inserting after subparagraph (A) the following
new subparagraphs:
‘‘(B) FAILURE TO PROVIDE TIMELY INFORMATION.—If the
Secretary determines that a manufacturer described in subsection (f)(2) has failed to report on information described
in section 1927(b)(3)(A)(iii) with respect to a drug or

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134 STAT. 2997

biological in accordance with such subsection, the Secretary
shall apply a civil money penalty in an amount of $10,000
for each day the manufacturer has failed to report such
information and such amount shall be paid to the Treasury.
‘‘(C) FALSE INFORMATION.—Any manufacturer required
to submit information under subsection (f)(2) that knowingly provides false information is subject to a civil money
penalty in an amount not to exceed $100,000 for each
item of false information. Such civil money penalties are
in addition to other penalties as may be prescribed by
law.
‘‘(D) INCREASING OVERSIGHT AND ENFORCEMENT.—For
calendar quarters beginning on or after January 1, 2022,
section 1927(b)(3)(C)(iv) shall be applied as if—
‘‘(i) each reference to ‘under this subparagraph
and subsection (c)(4)(B)(ii)(III)’ were a reference to
‘under this subparagraph, subsection (c)(4)(B)(ii)(III),
and subparagraphs (A), (B), and (C) of section
1847A(d)(4)’; and
‘‘(ii) the reference to ‘activities related to the oversight and enforcement of this section and agreements
under this section’ were a reference to ‘activities related
to the oversight and enforcement of this section and
under subsection (f)(2) of section 1847A and subparagraphs (A), (B), and (C) of section 1847A(d)(4) and,
if applicable, agreements under this section’.’’; and
(2) in subsection (c)(6)(A), by striking the period at the
end and inserting ‘‘, except that, for purposes of subsection
(f)(2), the Secretary may, if the Secretary determines appropriate, exclude repackagers of a drug or biological from such
term.’’.
(c) MANUFACTURERS WITH A REBATE AGREEMENT.—
(1) IN GENERAL.—Section 1927(b)(3)(A) of the Social Security Act (42 U.S.C. 1396r-8(b)(3)(A)) is amended by adding
at the end the following new sentence: ‘‘For purposes of applying
clause (iii), for calendar quarters beginning on or after January
1, 2022, a drug or biological described in the flush matter
following such clause includes items, services, supplies, and
products that are payable under part B of title XVIII as a
drug or biological.’’.
(2) TECHNICAL AMENDMENT.—Section 1927(b)(3)(A)(iii) of
the Social Security Act (42 U.S.C. 1396r-8(b)(3)(A)(iii)) is
amended by striking ‘‘section 1881(b)(13)(A)(ii)’’ and inserting
‘‘section 1881(b)(14)(B)’’.
(d) REPORT.—Not later than January 1, 2023, the Inspector
General of the Department of Health and Human Services shall
assess and submit to Congress a report on the accuracy of average
sales price information submitted by manufacturers under section
1847A of the Social Security Act (42 U.S.C. 1395w–3a), including
the extent to which manufacturers provide false information,
misclassify drug products, or misreport information. Such report
shall include any recommendations on how to improve the accuracy
of such information.

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Penalty.

Time period.
Effective date.
Applicability.

Determination.

Time period.
Effective date.

Assessment.

Recommendations.

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134 STAT. 2998

PUBLIC LAW 116–260—DEC. 27, 2020

SEC. 402. EXTENDED MONTHS OF COVERAGE OF IMMUNOSUPPRESSIVE
DRUGS FOR KIDNEY TRANSPLANT PATIENTS AND OTHER
RENAL DIALYSIS PROVISIONS.

Termination
date.

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(a) MEDICARE ENTITLEMENT TO IMMUNOSUPPRESSIVE DRUGS FOR
KIDNEY TRANSPLANT RECIPIENTS.—
(1) IN GENERAL.—Section 226A(b)(2) of the Social Security
Act (42 U.S.C. 426–1(b)(2)) is amended by inserting ‘‘(except
for eligibility for enrollment under part B solely for purposes
of coverage of immunosuppressive drugs described in section
1861(s)(2)(J))’’ before ‘‘, with the thirty-sixth month’’.
(2) INDIVIDUALS ELIGIBLE ONLY FOR COVERAGE OF IMMUNOSUPPRESSIVE DRUGS.—
(A) IN GENERAL.—Section 1836 of the Social Security
Act (42 U.S.C. 1395o) is amended—
(i) by striking ‘‘Every’’ and inserting ‘‘(a) IN GENERAL.—Every’’; and
(ii) by adding at the end the following new subsection:
‘‘(b) INDIVIDUALS ELIGIBLE FOR IMMUNOSUPPRESSIVE DRUG COVERAGE.—
‘‘(1) IN GENERAL.—Except as provided under paragraph
(2), every individual whose entitlement to insurance benefits
under part A ends (whether before, on, or after January 1,
2023) by reason of section 226A(b)(2) is eligible to enroll or
to be deemed to have enrolled in the medical insurance program
established by this part solely for purposes of coverage of
immunosuppressive drugs in accordance with section 1837(n).
‘‘(2) EXCEPTION IF OTHER COVERAGE IS AVAILABLE.—
‘‘(A) IN GENERAL.—An individual described in paragraph (1) shall not be eligible for enrollment in the program
for purposes of coverage described in such paragraph with
respect to any period in which the individual, as determined
in accordance with subparagraph (B)—
‘‘(i) is enrolled in a group health plan or group
or individual health insurance coverage, as such terms
are defined in section 2791 of the Public Health Service
Act;
‘‘(ii) is enrolled for coverage under the TRICARE
for Life program under section 1086(d) of title 10,
United States Code;
‘‘(iii) is enrolled under a State plan (or waiver
of such plan) under title XIX and is eligible to receive
benefits for immunosuppressive drugs described in this
subsection under such plan (or such waiver);
‘‘(iv) is enrolled under a State child health plan
(or waiver of such plan) under title XXI and is eligible
to receive benefits for such drugs under such plan
(or such waiver); or
‘‘(v)(I) is enrolled in the patient enrollment system
of the Department of Veterans Affairs established and
operated under section 1705 of title 38, United States
Code;
‘‘(II) is not required to enroll under section 1705
of such title to receive immunosuppressive drugs
described in this subsection; or
‘‘(III) is otherwise eligible under a provision of
title 38, United States Code, other than section 1710

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134 STAT. 2999

of such title to receive immunosuppressive drugs
described in this subsection.
‘‘(B) ELIGIBILITY DETERMINATIONS.—
‘‘(i) IN GENERAL.—The Secretary, in coordination
with the Commissioner of Social Security, shall establish a process for determining whether an individual
described in paragraph (1) who is to be enrolled or
deemed to be enrolled in the medical insurance program described in such paragraph meets the requirements for such enrollment under this subsection,
including the requirement that the individual not be
enrolled in other coverage as described in subparagraph (A).
‘‘(ii) ATTESTATION REGARDING OTHER COVERAGE.—
The process established under clause (i) shall include,
at a minimum, a requirement that—
‘‘(I) the individual provide to the Commissioner
an attestation that the individual is not enrolled
and does not expect to enroll in such other coverage; and
‘‘(II) the individual notify the Commissioner
within 60 days of enrollment in such other coverage.’’.
(B) CONFORMING AMENDMENT.—
(i) IN GENERAL.—Sections 1837, 1838, and 1839
of the Social Security Act (42 U.S.C. 1395p, 42 U.S.C.
1395q, 42 U.S.C. 1395r) are each amended by striking
‘‘1836’’ and inserting ‘‘1836(a)’’ each place it appears.
(ii) ADDITIONAL AMENDMENT.—Section 1837(j)(1) of
such Act (42 U.S.C. 1395p(j)(1)) is amended by striking
‘‘1836(1)’’ and inserting ‘‘1836(a)(1)’’.
(b) ENROLLMENT FOR INDIVIDUALS ONLY ELIGIBLE FOR COVERAGE OF IMMUNOSUPPRESSIVE DRUGS.—Section 1837 of the Social
Security Act (42 U.S.C. 1395p), as amended by section 120, is
amended by adding at the end the following new subsection:
‘‘(n)(1) Any individual who is eligible for coverage of immunosuppressive drugs under section 1836(b) may enroll or be deemed
to have enrolled only in such manner and form as may be prescribed
by regulations, and only during an enrollment period described
in this subsection.
‘‘(2) An individual described in paragraph (1) whose entitlement
for hospital insurance benefits under part A ends by reason of
section 226A(b)(2) prior to January 1, 2023, may enroll beginning
on October 1, 2022, or the day on which the individual first satisfies
section 1836(b), whichever is later.
‘‘(3) An individual described in paragraph (1) whose entitlement
for hospital insurance benefits under part A ends by reason of
section 226A(b)(2) on or after January 1, 2023, shall be deemed
to have enrolled in the medical insurance program established
by this part for purposes of coverage of immunosuppressive drugs.
‘‘(4) The Secretary shall establish a process under which an
individual described in paragraph (1) whose other coverage
described in section 1836(b)(2)(A), or coverage under this part
(including the medical insurance program established under this
part for purposes of coverage of immunosuppressive drugs), is terminated voluntarily or involuntary may enroll or reenroll, if applicable,

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Coordination.

Notification.
Deadline.

Regulation.

Termination
date.

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134 STAT. 3000

Applicability.
Effective date.

Effective date.

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PUBLIC LAW 116–260—DEC. 27, 2020

in the medical insurance program established under this part for
purposes of coverage of immunosuppressive drugs.’’.
(c) COVERAGE PERIOD FOR INDIVIDUALS ONLY ELIGIBLE FOR
COVERAGE OF IMMUNOSUPPRESSIVE DRUGS.—
(1) IN GENERAL.—Section 1838 of the Social Security Act
(42 U.S.C. 1395q), as amended by section 120, is further
amended by adding at the end the following new subsection:
‘‘(h) In the case of an individual described in section 1836(b)(1),
the following rules shall apply:
‘‘(1) In the case of such an individual who is deemed to
have enrolled in part B for coverage of immunosuppressive
drugs under section 1837(n)(3), such individual’s coverage
period shall begin on the first day of the month in which
the individual first satisfies section 1836(b).
‘‘(2) In the case of such an individual who enrolls (or
reenrolls, if applicable) in part B for coverage of immunosuppressive drugs under paragraph (2) or (4) of section 1837(n),
such individual’s coverage period shall begin on January 1,
2023, or the month following the month in which the individual
so enrolls (or reenrolls), whichever is later.
‘‘(3) The provisions of subsections (b) and (d) shall apply
with respect to an individual described in paragraph (1) or
(2).
‘‘(4) In addition to the reasons for termination under subsection (b), the coverage period of an individual described in
paragraph (1) or (2) shall end when the individual becomes
entitled to benefits under this title under subsection (a) or
(b) of section 226, or under section 226A, or is no longer eligible
for such coverage as a result of the application of section
1836(b)(2).
‘‘(5) The Secretary may conduct public education activities
to raise awareness of the availability of more comprehensive,
individual health insurance coverage (as defined in section
2791 of the Public Health Service Act) for individuals eligible
under section 1836(b) to enroll or to be deemed enrolled in
the medical insurance program established under this part
for purposes of coverage of immunosuppressive drugs.’’.
(2) CONFORMING AMENDMENTS.—Section 1838(b) of the
Social Security Act (42 U.S.C. 1395q(b)) is amended, in the
matter following paragraph (2), by inserting ‘‘or section
1837(n)(3)’’ after ‘‘section 1837(f)’’ each place it appears.
(d) PREMIUMS FOR INDIVIDUALS ONLY ELIGIBLE FOR COVERAGE
OF IMMUNOSUPPRESSIVE DRUGS.—
(1) IN GENERAL.—Section 1839 of the Social Security Act
(42 U.S.C. 1395r), as amended by section 120, is further
amended—
(A) in subsection (b), by adding at the end the following
new sentence: ‘‘No increase in the premium shall be effected
for individuals who are enrolled pursuant to section 1836(b)
for coverage only of immunosuppressive drugs.’’; and
(B) by adding at the end the following new subsection:
‘‘(j) DETERMINATION OF PREMIUM FOR INDIVIDUALS ONLY
ELIGIBLE FOR COVERAGE OF IMMUNOSUPPRESSIVE DRUGS.—The Secretary shall, during September of each year (beginning with 2022),
determine and promulgate a monthly premium rate for the succeeding calendar year for individuals enrolled only for the purpose
of coverage of immunosuppressive drugs under section 1836(b).

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134 STAT. 3001

Such premium shall be equal to 15 percent of the monthly actuarial
rate for enrollees age 65 and over (as would be determined in
accordance with subsection (a)(1) if the reference to ‘one-half’ in
such subsection were a reference to ‘100 percent’) for that succeeding
calendar year. The monthly premium of each individual enrolled
for coverage of immunosuppressive drugs under section 1836(b)
for each month shall be the amount promulgated in this subsection.
In the case of such individual not otherwise enrolled under this
part, such premium shall be in lieu of any other monthly premium
applicable under this section. Such amount shall be adjusted in
accordance with subsections (c), (f), and (i), but shall not be adjusted
under subsection (b).’’.
(2) SPECIAL RULE FOR APPLICATION OF HOLD HARMLESS
PROVISIONS TO TRANSITIONING INDIVIDUALS.—Section 1839(f) of
the Social Security Act (42 U.S.C. 1395r(f)) is amended by
adding at the end the following new sentence: ‘‘Any increase
in the premium for an individual who was enrolled under
section 1836(b) attributable to such individual otherwise
enrolling under this part shall not be taken into account in
applying this subsection.’’.
(3) SPECIAL RULE FOR APPLICATION OF PREMIUM SUBSIDY
REDUCTION PROVISIONS.—Section 1839(i)(3)(A)(ii)(II) of the
Social Security Act (42 U.S.C. 1395r(i)(3)(A)(ii)(II)) is amended
by inserting ‘‘(or, with respect to an individual enrolled under
section 1836(b) and not otherwise enrolled under this part,
0 times the amount of such increase)’’ after ‘‘in the year’’.
(e) GOVERNMENT CONTRIBUTION.—Section 1844(a) of the Social
Security Act (42 U.S.C. 1395w(a)) is amended—
(1) in paragraph (3), by striking the period at the end
and inserting ‘‘; plus’’;
(2) by inserting after paragraph (3) the following new paragraph:
‘‘(4) a Government contribution equal to the estimated
aggregate reduction in premiums payable under part B that
results from establishing the premium at 15 percent of the
actuarial rate (as would be determined in accordance with
section 1839(a)(1) if the reference to ‘one-half’ in such section
were a reference to ‘100 percent’) under section 1839(j) instead
of 25 percent of such rate (as so determined) for individuals
enrolled only for the purpose of coverage of immunosuppressive
drugs under section 1836(b).’’; and
(3) by adding the following sentence at the end of the
flush matter following paragraph (4), as added by paragraph
(2) of this subsection:
‘‘The Government contribution under paragraph (4) shall be
treated as premiums payable and deposited for purposes of
subparagraphs (A) and (B) of paragraph (1).’’.
(f) ENSURING COVERAGE UNDER THE MEDICARE SAVINGS PROGRAM.—
(1) IN GENERAL.—Section 1905(p)(1)(A) of the Social Security Act (42 U.S.C. 1396d(p)(1)(A)) is amended by inserting
‘‘or who is enrolled under part B for the purpose of coverage
of immunosuppressive drugs under section 1836(b)’’ after
‘‘under section 1818A)’’.
(2) CONFORMING AMENDMENTS.—Section 1902(a)(10)(E) of
the Social Security Act (42 U.S.C. 1396a(a)(10)(E)) is amended
in each of clauses (iii) and (iv) by inserting ‘‘(including such

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134 STAT. 3002

Recommendations.
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PUBLIC LAW 116–260—DEC. 27, 2020

individuals enrolled under section 1836(b))’’ after ‘‘section
1905(p)(1)’’.
(g) PART D.—Section 1860D–1(a)(3)(A) of the Social Security
Act (42 U.S.C. 1395w–101(a)(3)(A)) is amended by inserting ‘‘(but
not including an individual enrolled solely for coverage of immunosuppressive drugs under section 1836(b))’’ before the period at the
end.
(h) GAO STUDY AND REPORT.—
(1) STUDY.—The Comptroller General of the United States
(in this subsection referred to as the ‘‘Comptroller General’’)
shall conduct a study on the implementation of coverage of
immunosuppressive drugs for kidney transplant patients under
the Medicare program pursuant to the provisions of, and
amendments made by, this section.
(2) REPORT.—Not later than January 1, 2025, the Comptroller General shall submit to Congress a report on the study
conducted under paragraph (1), together with recommendations
as the Comptroller General determines appropriate.
SEC. 403. PERMITTING DIRECT PAYMENT TO PHYSICIAN ASSISTANTS
UNDER MEDICARE.

Section 1842(b)(6)(C) of the Social Security Act (42 U.S.C.
1395u(b)(6)(C)) is amended, in the matter preceding clause (i), by
inserting ‘‘for such services furnished before January 1, 2022,’’
after ‘‘1861(s)(2)(K),’’.
SEC. 404. ADJUSTING CALCULATION OF HOSPICE CAP AMOUNT UNDER
MEDICARE.

Section 1814(i)(2)(B) of the Social Security Act (42 U.S.C.
1395f(i)(2)(B)) is amended—
(1) in clause (ii), by striking ‘‘2025’’ and inserting ‘‘2030’’;
and
(2) in clause (iii), by striking ‘‘2025’’ and inserting ‘‘2030’’.
SEC. 405. SPECIAL RULE FOR DETERMINATION OF ASP IN CASES OF
CERTAIN NONCOVERED SELF-ADMINISTERED DRUG
PRODUCTS.

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Section 1847A of the Social Security Act (42 U.S.C. 1395w–
3a) is amended by redesignating subsection (g) as subsection (h)
and by inserting after subsection (f) the following:
‘‘(g) PAYMENT ADJUSTMENT FOR CERTAIN DRUGS FOR WHICH
THERE IS A SELF-ADMINISTERED NDC.—
‘‘(1) OIG STUDIES.—The Inspector General of the Department of Health and Human Services shall conduct periodic
studies to identify National Drug Codes for drug or biological
products that are self-administered for which payment may
not be made under this part because such products are not
covered pursuant to section 1861(s)(2) and which the Inspector
General determines (based on the same or similar methodologies to the methodologies used in the final recommendation
followup report of the Inspector General described in paragraph
(3) or in the November 2017 final report of the Inspector
General entitled ‘Excluding Noncovered Versions When Setting
Payment for Two Part B Drugs Would Have Resulted in Lower
Drug Costs for Medicare and its Beneficiaries’) should be
excluded from the determination of the payment amount under
this section.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 3003

‘‘(2) PAYMENT ADJUSTMENT.—If the Inspector General
identifies a National Drug Code for a drug or biological product
under paragraph (1), the Inspector General shall inform the
Secretary (at such times as the Secretary may specify to carry
out this paragraph) and the Secretary shall, to the extent
the Secretary deems appropriate, apply as the amount of payment under this section for the applicable billing and payment
code the lesser of—
‘‘(A) the amount of payment that would be determined
under this section for such billing and payment code if
such National Drug Code for such product so identified
under paragraph (1) were excluded from such determination; or
‘‘(B) the amount of payment otherwise determined
under this section for such billing and payment code without application of this subsection.
‘‘(3) APPLICATION TO CERTAIN IDENTIFIED PRODUCTS.—In
the case of a National Drug Code for a drug or biological
product that is self-administered for which payment is not
made under this part because such product is not covered
pursuant to section 1861(s)(2) that was identified by the
Inspector General of the Department of Health and Human
Services in the final recommendation followup report of the
Inspector General published July 2020, entitled Loophole in
Drug Payment Rule Continues To Cost Medicare and Beneficiaries Hundreds of Millions of Dollars, beginning July 1,
2021, the amount of payment under this section for the
applicable billing and payment code shall be the lesser of—
‘‘(A) the amount of payment that would be determined
under this section for such billing and payment code if
such National Drug Code for such drug or biological products so identified were excluded from such determination;
or
‘‘(B) the amount of payment otherwise determined
under this section for such billing and payment code without application of this subsection.’’.

Applicability.

Recommendation.
Effective date.

SEC. 406. MEDICAID IMPROVEMENT FUND.

Section 1941(b)(3)(A) of the Social Security Act (42 U.S.C
1396w–1(b)(3)(A)), as amended by section 1303 of the Further Continuing Appropriations Act, 2021, and Other Extensions Act, is
amended by striking ‘‘ $3,464,000,000’’ and inserting ‘‘ $0’’.
SEC. 407. ESTABLISHING HOSPICE PROGRAM SURVEY AND ENFORCEMENT PROCEDURES UNDER THE MEDICARE PROGRAM.

(a) SURVEY AND ENFORCEMENT PROCEDURES.—
(1) IN GENERAL.—Part A of title XVIII of the Social Security
Act (42 U.S.C. 1395c et seq.) is amended by adding at the
end the following new section:

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‘‘SEC. 1822. HOSPICE PROGRAM SURVEY AND ENFORCEMENT PROCEDURES.

‘‘(a) SURVEYS.—
‘‘(1) FREQUENCY.—Any entity that is certified as a hospice
program (as defined in section 1861(dd)(2)) shall be subject
to a standard survey by an appropriate State or local survey
agency, or an approved accreditation agency, as determined
by the Secretary, not less frequently than once every 36 months.

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42 USC 1395i–6.

Determination.

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Determination.

Reports.

Effective date.

Effective date.
Public
information.
Web posting.
Update.

Effective date.

Effective date.

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Deadline.

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‘‘(2) PUBLIC TRANSPARENCY OF SURVEY AND CERTIFICATION
INFORMATION.—
‘‘(A) SUBMISSION OF INFORMATION TO THE SECRETARY.—
‘‘(i) IN GENERAL.—Each State or local survey
agency, and each national accreditation body with
respect to which the Secretary has made a finding
under section 1865(a) respecting the accreditation of
a hospice program by such body, shall submit, in a
form and manner, and at a time, specified by the
Secretary for purposes of this paragraph, information
respecting any survey or certification made with
respect to a hospice program by such survey agency
or body, as applicable. Such information shall include
any inspection report made by such survey agency
or body with respect to such survey or certification,
any enforcement actions taken as a result of such
survey or certification, and any other information
determined appropriate by the Secretary.
‘‘(ii) REQUIRED INCLUSION OF SPECIFIED FORM.—
With respect to a survey under this subsection carried
out by a national accreditation body described in clause
(i) on or after October 1, 2021, information described
in such clause shall include Form CMS-2567 (or a
successor form), along with such additional information
determined appropriate by such body.
‘‘(B) PUBLIC DISCLOSURE OF INFORMATION.—Beginning
not later than October 1, 2022, the Secretary shall publish
the information submitted under subparagraph (A) on the
public website of the Centers for Medicare & Medicaid
Services in a manner that is prominent, easily accessible,
readily understandable, and searchable. The Secretary
shall provide for the timely update of such information
so published.
‘‘(3) CONSISTENCY OF SURVEYS.—Each State and the Secretary shall implement programs to measure and reduce
inconsistency in the application of survey results among surveyors.
‘‘(4) SURVEY TEAMS.—
‘‘(A) IN GENERAL.—In the case of a survey conducted
under this subsection on or after October 1, 2021, by more
than 1 individual, such survey shall be conducted by a
multidisciplinary team of professionals (including a registered professional nurse).
‘‘(B) PROHIBITION OF CONFLICTS OF INTEREST.—Beginning October 1, 2021, a State may not use as a member
of a survey team under this subsection an individual who
is serving (or has served within the previous 2 years)
as a member of the staff of, or as a consultant to, the
program surveyed respecting compliance with the requirements of section 1861(dd) or who has a personal or familial
financial interest in the program being surveyed.
‘‘(C) TRAINING.—The Secretary shall provide, not later
than October 1, 2021, for the comprehensive training of
State and Federal surveyors, and any surveyor employed
by a national accreditation body described in paragraph
(2)(A)(i), in the conduct of surveys under this subsection,
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134 STAT. 3005

plans for providing hospice care (as described in section
1814(a)(7)(B)). No individual shall serve as a member of
a survey team with respect to a survey conducted on or
after such date unless the individual has successfully completed a training and testing program in survey and certification techniques that has been approved by the Secretary.
‘‘(5) FUNDING.—The Secretary shall provide for the transfer,
from the Federal Hospital Insurance Trust Fund under section
1817 to the Centers for Medicare & Medicaid Services Program
Management Account, of $10,000,000 for each fiscal year (beginning with fiscal year 2022) for purposes of carrying out this
subsection and subsection (b). Sums so transferred shall remain
available until expended. Any transfer pursuant to this paragraph shall be in addition to any transfer pursuant to section
3(a)(2) of the Improving Medicare Post-Acute Care Transformation Act of 2014.
‘‘(b) SPECIAL FOCUS PROGRAM.—
‘‘(1) IN GENERAL.—The Secretary shall conduct a special
focus program for enforcement of requirements for hospice programs that the Secretary has identified as having substantially
failed to meet applicable requirements of this Act.
‘‘(2) PERIODIC SURVEYS.—Under such special focus program,
the Secretary shall conduct surveys of each hospice program
in the special focus program not less than once every 6 months.
‘‘(c) ENFORCEMENT.—
‘‘(1) SITUATIONS INVOLVING IMMEDIATE JEOPARDY.—If the
Secretary determines on the basis of a standard survey or
otherwise that a hospice program that is certified for participation under this title is no longer in compliance with the requirements specified in section 1861(dd) and determines that the
deficiencies involved immediately jeopardize the health and
safety of the individuals to whom the program furnishes items
and services, the Secretary shall take immediate action to
ensure the removal of the jeopardy and correction of the deficiencies or terminate the certification of the program, and may
provide, in addition, for 1 or more of the other remedies
described in paragraph (5)(B).
‘‘(2) SITUATIONS NOT INVOLVING IMMEDIATE JEOPARDY.—
If the Secretary determines on the basis of a standard survey
or otherwise that a hospice program that is certified for participation under this title is no longer in compliance with the
requirements specified in section 1861(dd) and determines that
the deficiencies involved do not immediately jeopardize the
health and safety of the individuals to whom the program
furnishes items and services, the Secretary may (for a period
not to exceed 6 months) impose remedies developed pursuant
to paragraph (5)(A), in lieu of terminating the certification
of the program. If, after such a period of remedies, the program
is still no longer in compliance with such requirements, the
Secretary shall terminate the certification of the program.
‘‘(3) PENALTY FOR PREVIOUS NONCOMPLIANCE.—If the Secretary determines that a hospice program that is certified for
participation under this title is in compliance with the requirements specified in section 1861(dd) but, as of a previous period,
did not meet such requirements, the Secretary may provide
for a civil money penalty under paragraph (5)(B)(i) for the

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Transfer
authority.

Determinations.

Time period.

Termination.

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134 STAT. 3006

Time period.

Guidelines.

Deadline.

Procedures.

Deadline.
Procedures.

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PUBLIC LAW 116–260—DEC. 27, 2020
days in which the Secretary finds that the program was not
in compliance with such requirements.
‘‘(4) OPTION TO CONTINUE PAYMENTS FOR NONCOMPLIANT
HOSPICE PROGRAMS.—The Secretary may continue payments
under this title with respect to a hospice program not in compliance with the requirements specified in section 1861(dd) over
a period of not longer than 6 months, if—
‘‘(A) the State or local survey agency finds that it
is more appropriate to take alternative action to assure
compliance of the program with such requirements than
to terminate the certification of the program;
‘‘(B) the program has submitted a plan and timetable
for corrective action to the Secretary for approval and the
Secretary approves the plan of corrective action; and
‘‘(C) the program agrees to repay to the Federal
Government payments received under this title during such
period if the corrective action is not taken in accordance
with the approved plan and timetable.
The Secretary shall establish guidelines for approval of corrective actions requested by hospice programs under this paragraph.
‘‘(5) REMEDIES.—
‘‘(A) DEVELOPMENT.—
‘‘(i) IN GENERAL.—Not later than October 1, 2022,
the Secretary shall develop and implement—
‘‘(I) a range of remedies to apply to hospice
programs under the conditions described in paragraphs (1) through (4); and
‘‘(II) appropriate procedures for appealing
determinations relating to the imposition of such
remedies.
Remedies developed pursuant to the preceding sentence shall include the remedies specified in subparagraph (B).
‘‘(ii) CONDITIONS OF IMPOSITION OF REMEDIES.—
Not later than October 1, 2022, the Secretary shall
develop and implement specific procedures with respect
to the conditions under which each of the remedies
developed under clause (i) is to be applied, including
the amount of any fines and the severity of each of
these remedies. Such procedures shall be designed so
as to minimize the time between identification of deficiencies and imposition of these remedies and shall
provide for the imposition of incrementally more severe
fines for repeated or uncorrected deficiencies.
‘‘(B) SPECIFIED REMEDIES.—The remedies specified in
this subparagraph are the following:
‘‘(i) Civil money penalties in an amount not to
exceed $10,000 for each day of noncompliance by a
hospice program with the requirements specified in
section 1861(dd).
‘‘(ii) Suspension of all or part of the payments
to which a hospice program would otherwise be entitled
under this title with respect to items and services
furnished by a hospice program on or after the date
on which the Secretary determines that remedies

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134 STAT. 3007

should be imposed pursuant to paragraphs (1) and
(2).
‘‘(iii) The appointment of temporary management
to oversee the operation of the hospice program and
to protect and assure the health and safety of the
individuals under the care of the program while
improvements are made in order to bring the program
into compliance with all such requirements.
‘‘(C) PROCEDURES.—
‘‘(i) CIVIL MONEY PENALTIES.—
‘‘(I) IN GENERAL.—Subject to subclause (II),
the provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money
penalty under this subsection in the same manner
as such provisions apply to a penalty or proceeding
under section 1128A(a).
‘‘(II) RETENTION OF AMOUNTS FOR HOSPICE PROGRAM IMPROVEMENTS.—The Secretary may provide
that any portion of civil money penalties collected
under this subsection may be used to support
activities that benefit individuals receiving hospice
care, including education and training programs
to ensure hospice program compliance with the
requirements of section 1861(dd).
‘‘(ii) SUSPENSION OF PAYMENT.—A finding to suspend payment under subparagraph (B)(ii) shall terminate when the Secretary finds that the program is
in substantial compliance with all requirements of section 1861(dd).
‘‘(iii) TEMPORARY MANAGEMENT.—The temporary
management under subparagraph (B)(iii) shall not be
terminated until the Secretary has determined that
the program has the management capability to ensure
continued compliance with all the requirements
referred to in such subparagraph.
‘‘(D) RELATIONSHIP TO OTHER REMEDIES.—The remedies
developed under subparagraph (A) are in addition to sanctions otherwise available under State or Federal law and
shall not be construed as limiting other remedies, including
any remedy available to an individual at common law.’’.
(2) AVAILABILITY OF HOSPICE ACCREDITATION SURVEYS.—
Section 1865(b) of the Social Security Act (42 U.S.C. 1395bb(b))
is amended by inserting ‘‘or, beginning on the date of the
enactment of the Consolidated Appropriations Act, 2021, a hospice program’’ after ‘‘home health agency’’.
(3) STATE PROVISION OF HOSPICE PROGRAM INFORMATION.—
(A) IN GENERAL.—Section 1864(a) of the Social Security
Act (42 U.S.C. 1395aa(a)) is amended in the sixth sentence—
(i) by inserting ‘‘and hospice programs’’ after
‘‘information on home health agencies’’;
(ii) by inserting ‘‘or the hospice program’’ after
‘‘the home health agency’’;
(iii) by inserting ‘‘or the hospice program’’ after
‘‘with respect to the agency’’; and
(iv) by inserting ‘‘and hospice programs’’ after
‘‘with respect to home health agencies’’.

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Applicability.

Termination.

Determination.

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134 STAT. 3008
Applicability.
42 USC 1395aa
note.

Analysis.

PUBLIC LAW 116–260—DEC. 27, 2020

(B) EFFECTIVE DATE.—The amendments made by
subparagraph (A) shall apply with respect to agreements
entered into on or after, or in effect as of, the date that
is 1 year after the date of the enactment of this Act.
(4) CONFORMING AMENDMENTS.—
(A) DEFINITION OF A HOSPICE PROGRAM.—Section
1861(dd)(4) of the Social Security Act (42 U.S.C.
1395x(dd)(4)) is amended by striking subparagraph (C).
(B) CONTINUATION OF FUNDING.—Section 3(a)(2) of the
Improving Medicare Post-Acute Care Transformation Act
of 2014 is amended by inserting ‘‘and section 1822(a)(1)
of such Act,’’ after ‘‘as added by paragraph (1),’’.
(b) INCREASING PAYMENT REDUCTIONS FOR FAILURE TO MEET
QUALITY DATA REPORTING REQUIREMENTS.—Section 1814(i)(5)(A)(i)
of the Social Security Act (42 U.S.C. 1395f(i)(5)(A)(i)) is amended
by inserting ‘‘(or, for fiscal year 2024 and each subsequent fiscal
year, 4 percentage points)’’ before the period.
(c) REPORT.—Not later than 36 months after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to Congress a report containing an analysis of the
effects of the amendments made by subsection (a), including the
frequency of application of remedies specified in section
1822(c)(5)(B) of the Social Security Act (as added by such subsection), on access to, and quality of, care furnished by hospice
programs under part A of title XVIII of the Social Security Act
(42 U.S.C. 1395c et seq.).
SEC. 408. MEDICARE IMPROVEMENT FUND.

Section 1898(b)(1) of the Social Security Act (42 U.S.C.
1395iii(b)(1)) is amended by striking ‘‘ $0’’ and inserting ‘‘
$165,000,000’’.

TITLE V—MISCELLANEOUS
SEC. 501. IMPLEMENTATION FUNDING.

For purposes of carrying out the provisions of, and the amendments made by, titles I, II, and IV, in addition to any funds
otherwise made available, there are appropriated from amounts
in the Treasury not otherwise appropriated, $37,000,000 to the
Centers for Medicare & Medicaid Services Program Management
Account for fiscal year 2021, to remain available until expended.
Montana Water
Rights Protection
Act.
Native
Americans.
25 USC 5301
note.

DIVISION DD—MONTANA WATER
RIGHTS PROTECTION ACT
SEC. 1. SHORT TITLE.

This division may be cited as the ‘‘Montana Water Rights
Protection Act’’.

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SEC. 2. PURPOSES.

The purposes of this Act are—
(1) to achieve a fair, equitable, and final settlement of
claims to water rights in the State of Montana, and in recognition of article I, and section 3 of article IX, of the Montana
State Constitution for—

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 3009

(A) the Confederated Salish and Kootenai Tribes of
the Flathead Indian Reservation; and
(B) the United States, for the benefit of the Tribes
and allottees;
(2) to authorize, ratify, and confirm the water rights compact entered into by the Tribes and the State, to the extent
that the Compact is consistent with this Act;
(3) to authorize and direct the Secretary of the Interior—
(A) to execute the Compact; and
(B) to take any other action necessary to carry out
the Compact in accordance with this Act; and
(4) to authorize funds necessary for the implementation
of—
(A) the Compact; and
(B) this Act.

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SEC. 3. DEFINITIONS.

(a) IN GENERAL.—In this Act:
(1) ALLOTTEE.—The term ‘‘allottee’’ means an individual
who holds a beneficial real property interest in an allotment
of Indian land that is—
(A) located within the Reservation; and
(B) held in trust by the United States.
(2) BISON.—The term ‘‘bison’’ means North American plains
bison.
(3) COMPACT.—The term ‘‘Compact’’ means—
(A) the water rights compact entered into and ratified,
as applicable, by the Confederated Salish and Kootenai
Tribes, the State, and the United States, as contained
in section 85–20–1901 of the Montana Code Annotated
(2019), including—
(i) any appendix or exhibit to that compact; and
(ii) any modifications authorized by that compact;
and
(B) any amendment to the compact referred to in
subparagraph (A) (including an amendment to an appendix
or exhibit) that is—
(i) executed to ensure that the Compact is consistent with this Act; or
(ii) otherwise authorized by the Compact and this
Act.
(4) ENFORCEABILITY DATE.—The term ‘‘enforceability date’’
means the date described in section 10(b).
(5) FLATHEAD INDIAN IRRIGATION PROJECT.—
(A) IN GENERAL.—The term ‘‘Flathead Indian irrigation
project’’ means the Federal irrigation project developed by
the United States to irrigate land within the Reservation
pursuant to—
(i) the Act of April 23, 1904 (33 Stat. 302, chapter
1495); and
(ii) the Act of May 29, 1908 (35 Stat. 444, chapter
216).
(B) INCLUSIONS.—The term ‘‘Flathead Indian irrigation
project’’ includes—
(i) all land and any reservoir, easement, rightof-way, canal, ditch, lateral, or any other facility of

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134 STAT. 3010

PUBLIC LAW 116–260—DEC. 27, 2020

the project referred to in subparagraph (A) (regardless
of location on or off the Reservation); and
(ii) any headgate, pipeline, pump, building, heavy
equipment, vehicle, supplies, record, copy of a record,
or any other physical, tangible object of real or personal
property used in the management and operation of
the project referred to in subparagraph (A).
(6) HUNGRY HORSE DAM.—The term ‘‘Hungry Horse Dam’’
means the dam that is a part of the Hungry Horse Project.
(7) HUNGRY HORSE PROJECT.—The term ‘‘Hungry Horse
Project’’ means the project authorized to be carried out by
the Secretary under the Act of June 5, 1944 (43 U.S.C. 593a
et seq.).
(8) HUNGRY HORSE RESERVOIR.—The term ‘‘Hungry Horse
Reservoir’’ means the reservoir that is a part of the Hungry
Horse Project.
(9) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning
given the term in section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5304).
(10) LAW OF ADMINISTRATION.—The term ‘‘Law of Administration’’ means the Unitary Administration and Management
Ordinance, as set forth in Appendix 4 to the Compact.
(11) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior.
(12) STATE.—
(A) IN GENERAL.—The term ‘‘State’’ means the State
of Montana.
(B) INCLUSIONS.—The term ‘‘State’’ includes all officers,
agencies, departments, and political subdivisions of the
State.
(13) TRIBAL WATER RIGHT.—The term ‘‘Tribal Water Right’’
means the water right of the Tribes, as established in—
(A) the Compact; and
(B) this Act.
(14) TRIBES.—
(A) IN GENERAL.—The term ‘‘Tribes’’ means the Confederated Salish and Kootenai Tribes of the Flathead Reservation of Montana.
(B) INCLUSIONS.—The term ‘‘Tribes’’ includes all officers, agencies, and departments of the Tribes.
(15) TRUST FUND.—The term ‘‘Trust Fund’’ means the Se´lisˇQlispe´ Ksanka Settlement Trust Fund established under section
8(a).
(b) DEFINITIONS OF CERTAIN TERMS.—Any term used but not
defined in this Act, including the terms ‘‘Existing Use’’, ‘‘Historic
Farm Deliveries’’, ‘‘Instream Flow’’, ‘‘Minimum Reservoir Pool Elevations’’, and ‘‘Reservation’’, shall have the meaning given the term
in article II of the Compact.

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SEC. 4. RATIFICATION OF COMPACT.

(a) RATIFICATION.—
(1) IN GENERAL.—As modified by this Act, the Compact
is authorized, ratified, and confirmed.
(2) AMENDMENTS.—Any amendment to the Compact is
authorized, ratified, and confirmed, to the extent that such
an amendment—

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 3011

(A) is executed to ensure that the Compact is consistent
with this Act; or
(B)(i) is approved by the Secretary;
(ii) concerns nonmonetary matters; and
(iii) does not affect the water rights of the Tribes
determined in the Compact, or any other property held
in trust by the United States on behalf of the Tribes
or allottees.
(3) MODIFICATIONS.—Nothing in this Act—
(A) precludes the Secretary from approving a modification to the Compact, including an appendix or exhibit to
the Compact, that is consistent with this Act; or
(B) authorizes amendments or modifications that otherwise require congressional approval under—
(i) section 2116 of the Revised Statutes (25 U.S.C.
177); or
(ii) any other applicable Federal law.
(b) EXECUTION.—To the extent that the Compact does not conflict with this Act, the Secretary shall execute the Compact,
including all exhibits to, appendices to, and parts of the Compact
requiring the signature of the Secretary.
(c) ENVIRONMENTAL COMPLIANCE.—
(1) IN GENERAL.—In implementing the Compact and this
Act, the Secretary and the Tribes shall ensure compliance
with—
(A) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.);
(B) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.); and
(C) all other applicable environmental laws (including
regulations).
(2) PERFORMANCE OF COMPLIANCE ACTIVITIES.—The Secretary and the Tribes shall perform appropriate Federal
environmental compliance activities relating to any activity
undertaken by the Secretary or Tribes pursuant to this Act
prior to commencement of that activity.
(3) EFFECT OF EXECUTION.—
(A) IN GENERAL.—The execution of the Compact by
the Secretary under this section shall not constitute a
major Federal action for purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(B) COMPLIANCE.—The Secretary shall ensure compliance with all Federal laws and regulations necessary to
implement the Compact and this Act.
(d) PUBLIC AVAILABILITY.—As provided in articles IV.I.b
(relating to hearings), IV.I.c (relating to the employment of a water
engineer), and IV.I.7.e (relating to Board records) of the Compact,
and in recognition of section 9 of article II of the Montana State
Constitution, all records of the Flathead Reservation Water Management Board and the Water Engineer employed by the Board shall
be open to public inspection.

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SEC. 5. TRIBAL WATER RIGHT.

(a) INTENT OF CONGRESS.—It is the intent of Congress to provide to each allottee benefits that are equivalent to, or that exceed,
the benefits possessed by allottees on the day before the date
of enactment of this Act, taking into consideration—

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(1) the potential risks, cost, and time delay associated
with litigation that would be resolved by the Compact and
this Act;
(2) the availability of funding under this Act and from
other sources;
(3) the availability of water from the Tribal Water Right;
and
(4) the applicability of section 7 of the Act of February
8, 1887 (25 U.S.C. 381), and this Act to protect the interests
of allottees.
(b) CONFIRMATION OF TRIBAL WATER RIGHT.—
(1) IN GENERAL.—The Tribal Water Right is ratified, confirmed, and declared to be valid.
(2) USE.—Any use of the Tribal Water Right shall be subject
to the terms and conditions of—
(A) the Compact; and
(B) this Act.
(3) CONFLICT.—In the event of a conflict between the Compact and this Act, the provisions of this Act shall control.
(c) TRUST STATUS OF TRIBAL WATER RIGHT.—The Tribal Water
Right—
(1) shall be held in trust by the United States for the
use and benefit of the Tribes and allottees in accordance with
this Act; and
(2) shall not be subject to forfeiture or abandonment.
(d) ALLOTTEES.—
(1) APPLICABILITY OF ACT OF FEBRUARY 8, 1887.—The provisions of section 7 of the Act of February 8, 1887 (25 U.S.C.
381), relating to the use of water for irrigation purposes shall
apply to the Tribal Water Right.
(2) ENTITLEMENTS TO WATER.—
(A) IN GENERAL.—Any entitlement to water of an
allottee under Federal law shall be satisfied from the Tribal
Water Right.
(B) WATER FOR IRRIGATION.—Each allottee shall be
entitled to a just and equitable allocation of water for
irrigation purposes, to be enforceable under paragraph
(3)(B).
(3) CLAIMS.—
(A) EXHAUSTION OF REMEDIES.—Before asserting any
claim against the United States under section 7 of the
Act of February 8, 1887 (25 U.S.C. 381), or any other
applicable law, an allottee shall exhaust remedies available
under—
(i) the Law of Administration; or
(ii) other applicable Tribal law.
(B) WATER FOR IRRIGATION.—After the exhaustion of
all remedies available under the Law of Administration
or other applicable Tribal law, an allottee may seek relief
under section 7 of the Act of February 8, 1887 (25 U.S.C.
381), or other applicable law, to seek a just and equitable
allocation of water for irrigation purposes under paragraph
(2)(B).
(4) AUTHORITY OF SECRETARY.—The Secretary shall have
the authority to protect the rights of allottees in accordance
with this section.
(e) AUTHORITY OF TRIBES.—

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134 STAT. 3013

(1) IN GENERAL.—The Tribes shall have the authority to
allocate, distribute, and lease the Tribal Water Right for any
use on the Reservation in accordance with—
(A) the Compact;
(B) the Law of Administration;
(C) this Act; and
(D) applicable Federal law.
(2) OFF-RESERVATION USE.—The Tribes may allocate, distribute, and lease the Tribal Water Right for off-Reservation
use in the State in accordance with the Compact, subject to
the approval of the Secretary.
(3) LAND LEASES BY ALLOTTEES.—Notwithstanding paragraph (1), an allottee may lease any interest in land held
by the allottee, together with any water right determined to
be appurtenant to the interest in land, in accordance with
the Law of Administration.
(f) LAW OF ADMINISTRATION.—
(1) IN GENERAL.—During the period beginning on the date
of enactment of this Act and ending on the date on which
the Law of Administration becomes effective on the Reservation,
the Secretary shall administer, with respect to the rights of
allottees, the Tribal Water Right in accordance with this Act.
(2) APPROVAL.—
(A) IN GENERAL.—The Law of Administration is
approved.
(B) REGISTRATIONS.—As provided in sections 3 and
4 of article IX of the Montana State Constitution and
section 1–1–108 of the Law of Administration, all water
rights and changes of use authorized under the Law of
Administration, including all registrations required by sections 2–1–101 through 2–1–107, shall be provided to the
department of natural resources and conservation of the
State, to be entered into the water rights database of
the department.
(3) AMENDMENTS.—
(A) IN GENERAL.—An otherwise valid amendment to
the Law of Administration that affects a right of an allottee
shall not be effective unless the amendment is approved
by the Secretary in accordance with this subsection.
(B) APPROVAL PERIOD.—
(i) IN GENERAL.—Subject to clause (ii), the Secretary shall approve or disapprove an amendment to
the Law of Administration not later than 180 days
after the date of ratification of the amendment by
the Tribes and the State.
(ii) EXTENSION.—The deadline described in clause
(i) may be extended by the Secretary after consultation
with the Tribes.
(4) CONFLICT.—In the event of a conflict between the Law
of Administration and this Act, the provisions of this Act shall
control.
(g) ADMINISTRATION.—
(1) ALIENATION.—The Tribes shall not permanently
alienate any portion of the Tribal Water Right.
(2) PURCHASES OR GRANTS OF LAND FROM INDIANS.—An
authorization provided by this Act for an allocation, distribution, lease, or any other arrangement shall be considered to

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satisfy any requirement for authorization of the action by treaty
or convention under section 2116 of the Revised Statutes (25
U.S.C. 177).
(3) PROHIBITION ON FORFEITURE.—The nonuse of all, or
any portion of, the Tribal Water Right by a lessee or contractor
shall not result in the forfeiture, abandonment, relinquishment,
or other loss of all, or any portion of, the Tribal Water Right.
(h) EFFECT.—Except as otherwise expressly provided in this
section, nothing in this Act—
(1) authorizes any action by an allottee against any individual or entity, or against the Tribes, under Federal, State,
Tribal, or local law; or
(2) alters or affects the status of any action brought pursuant to section 1491(a) of title 28, United States Code.

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SEC. 6. STORAGE ALLOCATION FROM HUNGRY HORSE RESERVOIR.

(a) STORAGE ALLOCATION TO TRIBES.—
(1) IN GENERAL.—Subject to paragraph (2), the Secretary
shall allocate to the Tribes 90,000 acre-feet per year, as measured at the Hungry Horse Dam, of storage water in Hungry
Horse Reservoir for use by the Tribes for any beneficial purpose
on or off the Reservation under a water right held by the
United States and managed by the Bureau of Reclamation.
(2) LIMITATIONS.—The allocation under paragraph (1) shall
be subject to—
(A) Appendix 7 to the Compact, entitled ‘‘Flathead
Basin Tribal Depletions Study’’, prepared by the Bureau
of Reclamation, and dated September 2012; and
(B) Appendix 8 to the Compact, entitled ‘‘Hungry Horse
Reservoir, Montana: Biological Impact Evaluation and
Operational Constraints for a proposed 90,000-acre-foot
withdrawal’’, prepared by the State, as revised on September 14, 2011.
(b) TREATMENT.—
(1) IN GENERAL.—The allocation under subsection (a) shall
be considered to be part of the Tribal Water Right.
(2) ADMINISTRATION.—The Tribes shall administer the
water allocated under subsection (a) in accordance with, and
subject to the limitations of, the Compact and this Act.
(c) ALLOCATION AGREEMENT.—
(1) IN GENERAL.—As a condition of receiving the allocation
under subsection (a), the Tribes shall enter into an agreement
with the Secretary to establish the terms and conditions of
the allocation, in accordance with the Compact and this Act.
(2) INCLUSIONS.—The agreement under paragraph (1) shall
include provisions establishing that—
(A) the agreement shall be without a limit as to a
term;
(B) the Tribes, and not the United States, shall be
entitled to all consideration due to the Tribes under any
lease, contract, or agreement entered into by the Tribes
pursuant to subsection (d);
(C) the United States shall have no obligation to monitor, administer, or account for—
(i) any funds received by the Tribes as consideration under any lease, contract, or agreement entered
into by the Tribes pursuant to subsection (d); or

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134 STAT. 3015

(ii) the expenditure of those funds;
(D) if the capacity or function of any facility of Hungry
Horse Reservoir or Hungry Horse Dam is significantly
reduced, or is anticipated to be significantly reduced, for
an extended period of time, the Tribes shall have the
same storage rights as other storage contractors with
respect to the allocation under subsection (a);
(E) the costs associated with the construction and operation of the storage facilities at Hungry Horse Reservoir
and Hungry Horse Dam allocable to the Tribes shall be
nonreimbursable;
(F) no water service capital charge shall be due or
payable for the agreement or any water allocated under
subsection (a), regardless of whether that water is delivered
for use by the Tribes or under a lease, contract, or by
an agreement entered into by the Tribes pursuant to subsection (d);
(G) the Tribes shall not be required to make payments
to the United States for the agreement or any water allocated under subsection (a), except for each acre-foot of
stored water leased or transferred for industrial purposes;
(H) for each acre-foot of stored water leased by the
Tribes for industrial purposes—
(i) the Tribes shall pay annually to the United
States an amount sufficient to cover the proportionate
share of the annual operation, maintenance, and
replacement costs for the Hungry Horse Project allocable to that quantity of water; and
(ii) the annual payments of the Tribes shall be
reviewed and adjusted, as appropriate, to reflect the
actual operation, maintenance, and replacement costs
for the Hungry Horse Project; and
(I) the costs described in subparagraphs (G) and (H)
shall not apply to any lease or transfer for industrial purposes to—
(i) any entity of the Tribes; or
(ii) any entity wholly owned by the Tribes.
(d) AGREEMENTS BY TRIBES.—The Tribes may use, lease, contract, exchange, or enter into other agreements for use of the
water allocated under subsection (a) if—
(1) the water that is the subject of the agreement is used
within the Flathead Basin or the Clark Fork Basin within
the State; and
(2) the agreement does not permanently alienate any portion of water allocated under subsection (a).
(e) MITIGATION WATER.—Notwithstanding section 5(e)(2), the
Tribes shall make available for lease not more than 11,000 acrefeet per year of the water allocated under subsection (a), in accordance with the Compact.
(f) NO CARRYOVER STORAGE.—The allocation under subsection
(a) shall not be increased by any year-to-year carryover storage.
(g) DEVELOPMENT AND DELIVERY COSTS.—The United States
shall not be required to pay the cost of developing or delivering
any water allocated under subsection (a).
(h) NEW USES.—Except as provided in article III.C.1.c of the
Compact, the Tribes shall not develop any new use for the allocation

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under subsection (a) until the date on which the agreement entered
into under subsection (c) takes effect.
(i) EFFECTIVE DATE.—The allocation under subsection (a) takes
effect on the enforceability date.

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SEC. 7. IRRIGATION PROJECT-RELATED COMPACT IMPLEMENTATION.

(a) PURPOSES.—The purposes of this section are—
(1) to implement key provisions of the Compact regarding
the Tribal Water Right by authorizing and carrying out the
activities described in subsection (b) relative to components
of the Flathead Indian irrigation project, in order—
(A) to conserve water resources, enhance fish and wildlife habitat, especially habitat of threatened and endangered species, and improve the movement of fish through
and around Flathead Indian irrigation project facilities;
(B) to ensure that the necessary water supplies are
provided to protect Instream Flow, Existing Uses, and Historic Farm Deliveries;
(C) to provide for the safe and efficient storage,
delivery, and routing of water; and
(D) to dedicate the water thereby saved through modernization and rehabilitation activities to the water rights
of the Tribes for Instream Flow and Minimum Reservoir
Pool Elevations;
(2) to require that, in carrying out the activities under
subsection (b), the Secretary and the Tribes—
(A) are guided by existing studies commissioned by
the Secretary and the Tribes that identify current facility
conditions and describe future modernization recommendations;
(B) recognize the need to maintain flexibility and
modify the guidance provided by the studies described in
subparagraph (A), as appropriate and consistent with the
processes established and entities designated in the Compact; and
(C) carry out all such activities that can be accomplished in a cost-effective manner and that are consistent
with the Compact; and
(3) to ensure the prudent and knowledgeable conservation,
management, and protection of the water resources of the Reservation through the activities described in subsection (b),
which will ensure the protection of the Reservation as the
permanent homeland of the Tribes in accordance with the treaty
between the United States and the Tribes concluded at Hell
Gate on July 16, 1855 (12 Stat. 975).
(b) ACTIVITIES.—Subject to the availability of appropriations,
the Secretary, or on the request of the Tribes, the Tribes on behalf
of the Secretary under title IV of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5361 et seq.), shall in
accordance with subsection (c) carry out the following activities
relating to the Flathead Indian irrigation project:
(1) REHABILITATION AND MODERNIZATION.—
(A) Rehabilitation and modernization of structures,
canals, and pumping facilities, including dam safety
improvements, irrigation facility upgrades that improve
water management and operational control at irrigation
diversion works, and irrigation facility upgrades to reduce

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134 STAT. 3017

losses in conveyance of water from irrigation sources of
supply to irrigation points of use, in accordance with the
Compact.
(B) Planning, design, and construction of additional
pumping facilities.
(C) Operational improvements to infrastructure within
the distribution network of the Flathead Indian irrigation
project.
(D) Reconstruction, replacement, and automation at
irrigation diversion works.
(E) Lining of open canals, and placement of open canals
in pipe.
(F) Fencing and physical project access enhancements.
(2) MITIGATION, RECLAMATION, AND RESTORATION.—
(A) Mitigation, reclamation, and restoration of streams,
wetlands, banks, slopes, and wasteways within, appurtenant to, or affected by the Flathead Indian irrigation
project.
(B) The installation of screens, barriers, passages, or
ladders to prevent fish entrainment in irrigation ditches
and canals within, or appurtenant to, the Flathead Indian
irrigation project.
(3) ACQUISITION OF INTERESTS.—Acquisition of easements
or other interests in real property necessary to carry out any
activity under this section.
(c) ENVIRONMENTAL COMPLIANCE.—
(1) IN GENERAL.—Prior to the commencement of any
activity under subsection (b), the Secretary, or the Tribes if
the Tribes elect to perform the activities on behalf of the Secretary under title IV of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5361 et seq.), shall perform
appropriate environmental, cultural, and historical compliance
activities relating to the activity, including to ensure compliance
with—
(A) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.); and
(B) division A of subtitle III of title 54, United States
Code (formerly known as the ‘‘National Historic Preservation Act’’ (16 U.S.C. 470 et seq.)).
(2) COSTS.—All costs associated with the performance of
compliance activities under paragraph (1) shall be paid with
funds deposited in the Trust Fund, on the condition that any
costs associated with the performance of Federal approval or
other review of such compliance work or costs associated with
inherently Federal functions shall remain the responsibility
of the Secretary.
(d) FUNDING.—
(1) INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE ACT COMPACTING.—
(A) FUNDING AUTHORITY AND AGREEMENTS.—Notwithstanding any other provision of law, if the Tribes elect
to perform all activities described in subsection (b) on behalf
of the Secretary, the Secretary shall enter into a selfgovernance agreement with the Tribes under title IV of
the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 5361 et seq.) covering all such activities.

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(B) FUNDING AGREEMENTS.—The Secretary shall use
funds only from the Salish and Kootenai Compact Account
established under section 8(b)(1) for any funding agreement, including any related contract support costs, under
which the Tribes carry out activities described in subsection
(b).
(C) TIMING FOR ELECTION.—Not later than 120 days
after the date on which funds are first appropriated for
deposit in the Trust Fund, or not later than such alternative later date as is agreed to by the Tribes and the
Secretary, the Tribes may elect to perform all activities
described in subsection (b) on behalf of the Secretary.
(D) APPLICABILITY OF ISDEAA.—Any funds transferred
for use in a funding agreement under this paragraph shall
be subject to—
(i) title IV of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5361 et seq.); and
(ii) the self-governance agreement and funding
agreement entered into between the Tribes and the
Secretary.
(E) RELATION TO COMPACT.—The Tribes and the Federal Government—
(i) shall carry out the activities described in subsection (b) in a manner that is consistent with, and
fulfills, the respective obligations of the Tribes and
the Federal Government under the Compact; and
(ii) may not carry out any action pursuant to the
Indian Self-Determination and Education Assistance
Act (25 U.S.C. 5301 et seq.) that is inconsistent with
the rights and responsibilities under the Compact.
(F) APPLICABILITY OF CERTAIN ISDEAA PROVISIONS.—
For purposes of this Act—
(i) the ‘‘annual trust evaluation’’ required under
section 403(d) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5363(d)) shall
monitor the performance, and progress toward completion, of activities under subsection (b) that the Tribes
are carrying out;
(ii) the activities described in subsection (b) shall
be considered to be ‘‘construction programs or projects’’
under section 403(e) of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5363(e)); and
(iii) reporting requirements regarding planning,
design, and the use and expenditure of funds shall
be negotiated and included within a funding agreement.
(2) SECRETARIAL PERFORMANCE OF ACTIVITIES.—If the
Tribes do not elect to carry out the activities described in
subsection (b) by the deadline established under paragraph
(1)(C), the Secretary shall carry out the activities using amounts
made available under section 8(c)(3).
(3) NONREIMBURSABILITY OF COSTS.—All costs incurred in
carrying out this section shall be nonreimbursable.
(4) ADMINISTRATION.—

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134 STAT. 3019

(A) IN GENERAL.—Subject to subparagraph (B), the Secretary and the Tribes shall negotiate the cost of any oversight activity carried out by the Secretary under any agreement entered into under paragraph (1)(A).
(B) REQUIREMENT.—All costs associated with an oversight activity—
(i) shall be paid with funds deposited in the Salish
and Kootenai Compact Account established under section 8(b)(1); and
(ii) notwithstanding subsection (c), may include
costs associated with review or approval of environmental compliance work and related Federal functions.
(C) LIMITATION ON COST.—The total cost described in
subparagraph (A) shall not exceed 3 percent of the total
project costs for each project.
(e) TREATMENT.—Any activities carried out pursuant to subsection (b) that result in improvements, additions, or modifications
to the Flathead Indian irrigation project, including the acquisition
of any real property interest, shall—
(1) become a part of the Flathead Indian irrigation project;
and
(2) be recorded in the inventory of the Secretary relating
to the Flathead Indian irrigation project.
(f) EASEMENTS AND RIGHTS-OF-WAY.—
(1) TRIBAL EASEMENTS AND RIGHTS-OF-WAY.—
(A) IN GENERAL.—On request of the Secretary, the
Tribes shall grant, at no cost to the United States, such
easements and rights-of-way over Tribal land as are necessary for construction relating to an activity under this
section.
(B) JURISDICTION.—An easement or right-of-way
granted by the Tribes pursuant to subparagraph (A) shall
not affect in any respect the civil or criminal jurisdiction
of the Tribes over the easement or right-of-way.
(2) LANDOWNER EASEMENTS AND RIGHTS-OF-WAY.—In partial consideration for the construction activities associated with
the rehabilitation and modernization of the Flathead Indian
irrigation project authorized by this section, and as a condition
of receiving service from the Flathead Indian irrigation project,
a willing landowner shall confirm or grant, at no cost to the
United States or the Tribes, such easements and rights-ofway over the land of the landowner as may be necessary
for—
(A) an activity authorized by this section; or
(B) access to and operation and maintenance of—
(i) the Flathead Indian irrigation project; or
(ii) the Mission Valley Power Project.
(3) CONDEMNATION NOT AUTHORIZED.—Nothing in this section authorizes the Secretary to condemn interests in land
for the Flathead Indian irrigation project.
(g) LAND ACQUIRED BY UNITED STATES OR TRIBES.—Any land
acquired within the boundaries of the Reservation by the United
States on behalf of the Tribes, or by the Tribes on behalf of the
Tribes and conveyed to the United States, in connection with the
purposes of this section shall be held in trust by the United States
for the benefit of the Tribes.
(h) EFFECT.—Nothing in this section—

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(1) alters any applicable law under which the Bureau of
Indian Affairs collects assessments or carries out the operation
and maintenance of the Flathead Indian irrigation project; or
(2) impacts the availability of amounts under section 9.
(i) WATER SOURCE FOR FLATHEAD INDIAN IRRIGATION
PROJECT.—
(1) IN GENERAL.—The water source for the Flathead Indian
irrigation project—
(A) shall be determined in accordance with article
II(32) of the Compact; and
(B) shall consist of—
(i) the water right set forth in article III.C.1.a
of the Compact; and
(ii) any use of water for irrigation and incidental
purposes pursuant to an applicable water service contract.
(2) ENTITLEMENT TO DELIVERY OF WATER.—Entitlement to
delivery of available irrigation water for assessed parcels shall
be determined in accordance with article IV.D.2 of the Compact.

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ˇ -QLISPE
´ LIS
´ KSANKA SETTLEMENT TRUST FUND.
SEC. 8. SE

(a) ESTABLISHMENT.—The Secretary shall establish in the
Treasury of the United States a trust fund, to be known as the
‘‘Se´lisˇ-Qlispe´ Ksanka Settlement Trust Fund’’, to be allocated, maintained, managed, invested, and distributed by the Secretary, and
to remain available until expended, consisting of the amounts deposited in the Trust Fund under section 9(a), together with any interest
earned on those amounts, for the purpose of carrying out this
Act.
(b) ACCOUNTS.—The Secretary shall establish in the Trust Fund
the following accounts:
(1) The Salish and Kootenai Compact Account, for the
uses described in paragraphs (1) and (2) of subsection (h).
(2) The Salish and Kootenai Settlement Implementation
Account, for any use described in subsection (h).
(c) DEPOSITS.—
(1) IN GENERAL.—The Secretary shall deposit in the Trust
Fund the amounts made available pursuant to section 9(a)(1).
(2) ALLOCATION INTO ACCOUNTS.—
(A) IN GENERAL.—Subject to subparagraph (B), each
year, the Secretary shall allocate from the Trust Fund
amounts into each of the accounts described in paragraphs
(1) and (2) of subsection (b) in such proportions as the
Secretary and the Tribes may agree.
(B) REQUIREMENT.—In any year, if the Tribes and the
Secretary are unable to agree on the amounts to be allocated under subparagraph (A) for that year, the Secretary
shall deposit equal sums in each account.
(3) TRANSFER.—If the Tribes do not elect to carry out
the activities described in subsection (b) of section 7 by the
deadline described in subsection (d)(1)(C) of that section, the
Secretary, on an annual basis, shall transfer funds from the
account established under subsection (b)(1) to an appropriate
programmatic account solely for the purpose of carrying out
those activities and the activities described in section 7(c).
(d) MANAGEMENT AND INTEREST.—

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134 STAT. 3021

(1) MANAGEMENT.—On receipt and deposit of the funds
into the Trust Fund, the Secretary shall manage, invest, and
distribute the amounts in accordance with the investment
authority of the Secretary under—
(A) the first section of the Act of June 24, 1938 (25
U.S.C. 162a);
(B) the American Indian Trust Fund Management
Reform Act of 1994 (25 U.S.C. 4001 et seq.); and
(C) this section.
(2) INVESTMENT EARNINGS.—In addition to the deposits
under section 9(a), any investment earnings, including interest,
credited to the amounts in the Trust Fund shall be available
for use in accordance with subsection (h).
(e) AVAILABILITY OF AMOUNTS.—
(1) IN GENERAL.—Amounts deposited in the Trust Fund
(including any investment earnings) shall be made available
to the Tribes by the Secretary beginning on the enforceability
date, subject to the requirements of this Act.
(2) USE.—Notwithstanding paragraph (1), any amounts—
(A) deposited in the account described in subsection
(b)(1) or transferred to another account under subsection
(c)(3), shall be available to the Tribes or the Secretary,
as applicable, on the date on which the amounts are deposited or transferred, for the uses described in subsection
(h)(1), in accordance with Appendix 3.6 to the Compact;
and
(B) deposited in the account described in subsection
(b)(1) shall be available to the Tribes on the date on which
the amounts are deposited for the uses described in subsection (h)(2).
(f) WITHDRAWALS UNDER AITFMRA.—
(1) IN GENERAL.—The Tribes may withdraw any portion
of the amounts in the account described in subsection (b)(2)
on approval by the Secretary of a Tribal management plan
submitted by the Tribes in accordance with the American
Indian Trust Fund Management Reform Act of 1994 (25 U.S.C.
4001 et seq.).
(2) INAPPLICABILITY OF AITFMRA.—A withdrawal from the
account described in subsection (b)(1)—
(A) shall be made only in accordance with subsection
(e) and section 7; and
(B) notwithstanding any other provision of law, shall
not be subject to the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.).
(3) REQUIREMENTS.—
(A) IN GENERAL.—In addition to the requirements
under the American Indian Trust Fund Management
Reform Act of 1994 (25 U.S.C. 4001 et seq.), the Tribal
management plan under paragraph (1) shall require that
the Tribes shall spend all amounts withdrawn from the
Trust Fund and any investment earnings accrued through
the investments under the Tribal management plan in
accordance with this Act.
(B) ENFORCEMENT.—The Secretary may carry out such
judicial and administrative actions as the Secretary determines to be necessary to enforce the Tribal management
plan to ensure that amounts withdrawn by the Tribes

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from the Trust Fund pursuant to this subsection are used
in accordance with this Act.
(g) EFFECT.—Nothing in this Act provides to the Tribes the
right to judicial review of a determination by the Secretary
regarding whether to approve a Tribal management plan, except
under subchapter II of chapter 5, and chapter 7 of title 5, United
States Code (commonly known as the ‘‘Administrative Procedure
Act’’).
(h) USES.—The Tribes may use amounts in the Trust Fund
to implement the Compact, the Law of Administration, and this
Act for the following purposes:
(1) To carry out activities described in subsections (b) and
(c) of section 7.
(2) The administration, implementation, and management
of the Tribal Water Right and the regulation and administration
of water rights within the Reservation under this Act, the
Compact, and the Law of Administration, and such infrastructure as is necessary to meet related programmatic needs.
(3) To implement the Tribal Water Right through
rehabilitation and improvement of agricultural Indian land
within the Reservation.
(4) To construct and rehabilitate livestock fencing on Indian
land within the Reservation.
(5) To mitigate and control noxious weeds on land within
the Reservation.
(6) To plan, design, and construct improvements to irrigation systems on land served by the Flathead Indian irrigation
project.
(7) To install screens, barriers, passages, or ladders to
prevent fish entrainment in irrigation ditches and canals within
the Reservation.
(8) To plan, design, and construct irrigation facilities on
Indian land within the Reservation that is not served by the
Flathead Indian irrigation project.
(9) To plan, design, construct, operate, maintain, and
replace community water distribution and wastewater treatment facilities on the Reservation.
(10) To develop geothermal water resources on Indian land
within the Reservation.
(11) To develop a cultural resources program relating to
permitting necessary to conduct the activities authorized under
this subsection (including cultural, historical, and archeological
reviews, including training and certifications) and related infrastructure necessary to meet programmatic needs.
(12) To comply with Federal environmental laws for any
use authorized by this subsection.
(13) To repair, rehabilitate, or replace culverts, bridges,
and roads of the Flathead Indian irrigation project and any
public or Tribal culverts, bridges, and roads that intersect
with, or are otherwise located within, the supply and distribution network of the Flathead Indian irrigation project.
(i) LIABILITY.—Except with respect to amounts transferred in
accordance with section 7(d), the Secretary shall not be liable for
the expenditure or investment of any amounts withdrawn from
the Trust Fund by the Tribes under this section.
(j) EXPENDITURE REPORTS.—

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(1) IN GENERAL.—Not less frequently than annually, the
Tribes shall submit to the Secretary an expenditure report
describing—
(A) the amount withdrawn from the Trust Fund under
this section; and
(B) any authorized activities resulting from the use
of a withdrawal under a Tribal management plan, in
accordance with this Act.
(2) APPLICATION.—Any amounts transferred to the Tribes
pursuant to a self-governance agreement and funding agreement entered into between the Tribes and the Secretary under
title IV of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5361 et seq.) shall not be subject to paragraph (1).
(k) OM&R COSTS.—Except as otherwise provided in this Act,
nothing in this Act affects any obligation of the United States
with respect to the operation, maintenance, and repair of the Flathead Indian irrigation project.

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SEC. 9. FUNDING.

(a) FUNDING.—
(1) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary for deposit in the
Trust Fund $1,000,000,000, to remain available until expended,
withdrawn, or reverted to the general fund of the Treasury.
(2) MANDATORY FUNDING.—
(A) IN GENERAL.—On October 1, 2020, and on each
October 1 thereafter through October 1, 2029, out of any
funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall deposit in the Trust Fund
$90,000,000, to remain available until expended, withdrawn, or reverted to the general fund of the Treasury.
(B) AVAILABILITY.—Amounts deposited in the Trust
Fund under subparagraph (A) shall be available without
further appropriation.
(b) FLUCTUATION IN COSTS.—
(1) IN GENERAL.—Of the amounts authorized to be appropriated and appropriated to the Trust Fund under paragraphs
(1) and (2), respectively, of subsection (a)—
(A) $347,200,000 shall be increased or decreased, as
appropriate, by such amounts as may be justified by reason
of ordinary fluctuations in costs occurring after the date
of enactment of this Act, as indicated by the Consumer
Price Index for All Urban Consumers West Urban 50,000
to 1,500,000 index;
(B) $111,400,000 shall be increased or decreased, as
appropriate, by such amounts as may be justified by reasons of ordinary fluctuations in costs occurring after the
date of enactment of this Act, as indicated by the Producer
Price Index for the Bureau of Labor Statistics; and
(C) $1,441,400,000 shall be increased or decreased, as
appropriate, by such amounts as may be justified by reason
of ordinary fluctuations in costs occurring after the date
of enactment of this Act, as indicated by the Bureau of
Reclamation Construction Costs Index–Composite Trend.
(2) REQUIREMENTS FOR ADJUSTMENT PROCESS.—The adjustment process under this subsection shall—

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(A) take into account any agreement reached by the
Secretary and the Tribes under paragraph (4); and
(B) be repeated for each subsequent amount appropriated for deposit in the Trust Fund until the amount
authorized to be appropriated, as so adjusted, has been
appropriated.
(3) PERIOD OF INDEXING.—The period of indexing adjustment under this subsection for any increment of funding shall
end on the date on which funds are deposited in the Trust
Fund.
(4) AGREEMENT.—Based on the activities likely to be conducted using amounts deposited in the Trust Fund, the Secretary and the Tribes may agree on which provisions of paragraph (1) shall govern the fluctuation in costs to be used in
calculating the amount authorized to be appropriated under
subsection (a)(1).
(c) LIMITATION ON USE OF RECLAMATION WATER SETTLEMENTS
FUND.—Notwithstanding any other provision of law—
(1) no amounts in the Reclamation Water Settlements Fund
established by section 10501(a) of the Omnibus Public Land
Management Act of 2009 (43 U.S.C. 407(a)) may be used by
the Tribes or the Secretary to carry out any provision of this
Act until the date that is 10 years after the date of enactment
of this Act; and
(2) effective beginning on the date that is 10 years after
that date of enactment, the total amount used by the Tribes
and the Secretary to carry out this Act from the Reclamation
Water Settlements Fund shall not exceed an amount equal
to 50 percent of the total amount in the Fund on that date.

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SEC. 10. WAIVERS AND RELEASES OF CLAIMS.

(a) WAIVERS AND RELEASES.—
(1) CLAIMS BY TRIBES AND UNITED STATES AS TRUSTEE FOR
TRIBES.—Subject to the reservation of rights and retention of
claims under subsection (c), as consideration for recognition
of the Tribal Water Right and other benefits described in the
Compact and this Act, the Tribes, acting on behalf of the
Tribes and members of the Tribes (but not any member of
the Tribes as an allottee), and the United States, acting as
trustee for the Tribes and the members of the Tribes (but
not any member of the Tribes as an allottee), shall execute
a waiver and release with prejudice of all claims for water
rights within the State that the Tribes, or the United States
acting as trustee for the Tribes, asserted or could have asserted
in any proceeding, including a State stream adjudication, on
or before the enforceability date, except to the extent that
such a right is recognized in the Compact and this Act.
(2) CLAIMS BY UNITED STATES AS TRUSTEE FOR ALLOTTEES.—
Subject to the reservation of rights and the retention of claims
under subsection (c), as consideration for recognition of the
Tribal Water Right and other benefits described in the Compact
and this Act, the United States, acting as trustee for allottees,
shall execute a waiver and release with prejudice of all claims
for water rights within the Reservation that the United States,
acting as trustee for allottees, asserted or could have asserted
in any proceeding, including a State stream adjudication, on

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134 STAT. 3025

or before the enforceability date, except to the extent that
such a right is recognized in the Compact and this Act.
(3) CLAIMS BY TRIBES AGAINST UNITED STATES.—Subject
to the reservation of rights and retention of claims under subsection (c), the Tribes, acting on behalf of the Tribes and members of the Tribes (but not any member of the Tribes as an
allottee), shall execute a waiver and release with prejudice
of all claims against the United States (including any agency
or employee of the United States) first arising before the
enforceability date—
(A) relating to—
(i) water rights within the State that the United
States, acting as trustee for the Tribes, asserted or
could have asserted in any proceeding, including the
general stream adjudication in the State, except to
the extent that such rights are recognized as part
of the Tribal Water Right under this Act;
(ii) foregone benefits from nontribal use of water,
on and off the Reservation (including water from all
sources and for all uses);
(iii) damage, loss, or injury to water, water rights,
land, or natural resources due to loss of water or
water rights (including damages, losses, or injuries
to hunting, fishing, gathering, or cultural rights due
to loss of water or water rights, claims relating to
interference with, diversion, or taking of water, or
claims relating to a failure to protect, acquire, replace,
or develop water, water rights, or water infrastructure)
within the State;
(iv) a failure to establish or provide a municipal,
rural, or industrial water delivery system on the Reservation;
(v) damage, loss, or injury to water, water rights,
land, or natural resources due to construction, operation, and management of the Flathead Indian irrigation project and other Federal land and facilities
(including damages, losses, or injuries to Tribal fisheries, fish habitat, wildlife, and wildlife habitat);
(vi) damage, loss, or injury from failure to protect
natural resources and land against noxious weeds
impacts;
(vii) inadequate compensation for minerals
extracted;
(viii) inadequate compensation for land and
interests in land used for Bureau of Indian Affairs
roads and wildlife refuges;
(ix) a failure to provide—
(I) for operation, maintenance, or deferred
maintenance for the Flathead Indian irrigation
project or any other irrigation system or irrigation
project; or
(II) a dam safety improvement to a dam within
the Reservation;
(x) the litigation of claims relating to any water
right of the Tribes in the State; and
(xi) the negotiation, execution, or adoption of the
Compact or this Act;

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(B) reserved under subsections (b) through (d) of section 6 of the settlement agreement for the case entitled
‘‘Nez Perce Tribe v. Salazar’’, No. 06cv2239TFH (D.D.C.
2012); and
(C) arising from the taking or acquisition of land or
resources of the Tribes for the construction or operation
of the Flathead Indian irrigation project.
(4) CERTAIN OFF-RESERVATION WATER RIGHTS.—
(A) IN GENERAL.—Notwithstanding the confirmation of
the water rights of the Tribes described in Appendices
28 and 29 to the Compact, as consideration for recognition
of the Tribal Water Right and other benefits described
in the Compact and this Act, the Tribes shall relinquish
any right, title, or claim to the water rights located within
the Flathead basin and described in those appendices.
(B) REQUIREMENT.—The water rights described in
subparagraph (A) shall be held solely by the State.
(b) ENFORCEABILITY DATE.—The waivers and releases of claims
under subsection (a) shall take effect on the date on which the
Secretary publishes in the Federal Register a statement of findings
that—
(1)(A) the Montana Water Court has approved the Compact
in a manner from which no further appeal may be taken;
or
(B) if the Montana Water Court is found to lack jurisdiction,
the applicable United States district court has approved the
Compact as a consent decree from which no further appeal
may be taken;
(2) all amounts authorized to be appropriated under section
9 have been appropriated;
(3) the State has appropriated and paid into an interestbearing escrow account any payments due to the Tribes as
of the date of enactment of this Act under the Compact and
this Act;
(4) the Tribes have ratified the Compact;
(5) the Secretary has fulfilled the requirements of section
6; and
(6) the waivers and releases described in subsection (a)
have been executed by the Tribes and the Secretary.
(c) RESERVATION OF RIGHTS AND RETENTION OF CLAIMS.—Notwithstanding the waivers and releases under subsection (a), the
Tribes, acting on behalf of the Tribes and members of the Tribes,
and the United States, acting as trustee for the Tribes and allottees,
shall retain—
(1) all claims relating to—
(A) the enforcement of, or claims accruing after the
enforceability date relating to water rights recognized
under—
(i) the Compact;
(ii) any final decree; or
(iii) this Act; and
(B) activities affecting the quality of water, including
any claims under—
(i) the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C.
9601 et seq.), including damages to natural resources;

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134 STAT. 3027

(ii) the Safe Drinking Water Act (42 U.S.C. 300f
et seq.);
(iii) the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.) (commonly referred to as the
‘‘Clean Water Act’’); and
(iv) any regulations implementing the Acts
described in clauses (i) through (iii);
(2) all rights to use and protect water rights acquired
after the date of enactment of this Act;
(3) all claims for damages, losses, or injuries to land or
natural resources that are—
(A) not due to loss of water or water rights (including
hunting, fishing, gathering, or cultural rights); and
(B) not covered by subsection (a)(3); and
(4) all rights, remedies, privileges, immunities, and powers
not specifically waived and released pursuant to this Act or
the Compact.
(d) EFFECT OF COMPACT AND ACT.—Nothing in the Compact
or this Act—
(1) except as otherwise expressly provided in the Compact
or this Act, reduces or extends the sovereignty (including civil
and criminal jurisdiction) of any government entity;
(2) affects the ability of the United States acting as sovereign to carry out any activity authorized by applicable law,
including—
(A) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.);
(B) the Safe Drinking Water Act (42 U.S.C. 300f et
seq.);
(C) the Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.) (commonly referred to as the ‘‘Clean Water
Act’’); and
(D) any regulations implementing the Acts described
in subparagraphs (A) through (C);
(3) affects the ability of the United States to act as trustee
for any other Indian tribe or allottee of any other Indian tribe;
(4) confers jurisdiction on any State court—
(A) to interpret Federal law regarding health, safety,
or the environment;
(B) to determine the duties of the United States or
any other party under Federal law regarding health, safety,
or the environment; or
(C) to conduct judicial review of any Federal agency
action;
(5) waives any claim of a member of the Tribes in an
individual capacity that does not derive from a right of the
Tribes;
(6) revives any claim waived by the Tribes in the case
entitled ‘‘Nez Perce Tribe v. Salazar’’, No. 06cv2239TFH (D.D.C.
2012); or
(7) revives any claim released by an allottee or member
of the Tribes in the settlement for the case entitled ‘‘Cobell
v. Salazar’’, No. 1:96CV01285–JR (D.D.C. 2012).
(e) TOLLING OF CLAIMS.—
(1) IN GENERAL.—Each applicable period of limitation and
time-based equitable defense relating to a claim described in

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134 STAT. 3028

PUBLIC LAW 116–260—DEC. 27, 2020
this section shall be tolled during the period beginning on
the date of enactment of this Act and ending on the date
on which the amounts made available to carry out this Act
are transferred to the Secretary.
(2) EFFECT OF SUBSECTION.—Nothing in this subsection
revives any claim or tolls any period of limitation or timebased equitable defense that expired before the date of enactment of this Act.
(f) EXPIRATION.—
(1) IN GENERAL.—This Act shall expire in any case in
which—
(A) the amounts authorized to be appropriated by this
Act have not been made available to the Secretary by
not later than—
(i) January 21, 2031; or
(ii) such alternative later date as is agreed to
by the Tribes and the Secretary; or
(B) the Secretary fails to publish a statement of
findings under subsection (b) by not later than—
(i) January 21, 2032; or
(ii) such alternative later date as is agreed to
by the Tribes and the Secretary, after providing reasonable notice to the State.
(2) CONSEQUENCES.—If this Act expires under paragraph
(1)—
(A) the waivers and releases under subsection (a)
shall—
(i) expire; and
(ii) have no further force or effect;
(B) the authorization, ratification, confirmation, and
execution of the Compact under section 4 shall no longer
be effective;
(C) any action carried out by the Secretary, and any
contract or agreement entered into, pursuant to this Act
shall be void;
(D) any unexpended Federal funds appropriated or
made available to carry out the activities authorized by
this Act, together with any interest earned on those funds,
and any water rights or contracts to use water and title
to other property acquired or constructed with Federal
funds appropriated or made available to carry out the
activities authorized by this Act shall be returned to the
Federal Government, unless otherwise agreed to by the
Tribes and the United States and approved by Congress;
and
(E) except for Federal funds used to acquire or construct property that is returned to the Federal Government
under subparagraph (D), the United States shall be entitled
to offset any Federal funds made available to carry out
this Act that were expended or withdrawn, or any funds
made available to carry out this Act from other Federal
authorized sources, together with any interest accrued on
those funds, against any claims against the United States—
(i) relating to—
(I) water rights in the State asserted by—
(aa) the Tribes; or

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(bb) any user of the Tribal Water Right;
or
(II) any other matter covered by subsection
(a)(3); or
(ii) in any future settlement of water rights of
the Tribes or an allottee.
SEC. 11. SATISFACTION OF CLAIMS.

(a) TRIBAL CLAIMS.—The benefits realized by the Tribes under
this Act shall be in complete replacement of, complete substitution
for, and full satisfaction of all claims of the Tribes against the
United States waived and released pursuant to paragraphs (1)
and (3) of section 10(a).
(b) ALLOTTEE CLAIMS.—The benefits realized by allottees under
this Act shall be in complete replacement of, complete substitution
for, and full satisfaction of—
(1) all claims waived and released pursuant to section
10(a)(2); and
(2) any claims of an allottee against the United States
that an allottee asserted or could have asserted that are similar
in nature to a claim described in section 10(a)(2).

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SEC. 12. NATIONAL BISON RANGE RESTORATION.

(a) FINDINGS; PURPOSES.—
(1) FINDINGS.—Congress finds that—
(A) the Reservation was set aside for the Tribes in
1855 under the treaty between the United States and the
Tribes concluded at Hell Gate on July 16, 1855 (12 Stat.
975);
(B) the National Bison Range was established as a
conservation measure in 1908, a time when the bison were
at grave risk of extinction;
(C) the National Bison Range is located in the middle
of the Reservation on land that was acquired by the United
States in what was later held, in the civil action entitled
‘‘Confederated Salish and Kootenai Tribes of the Flathead
Indian Reservation, Montana v. United States’’ (437 F.2d
458 (Ct.Cl. 1971)), to be a taking under the Fifth Amendment to the Constitution of the United States;
(D) the Tribes never consented to the removal of the
land described in subparagraph (C) from Tribal ownership;
(E) since time immemorial until the establishment of
the National Bison Range, the Tribes had used the land
described in subparagraph (C) for—
(i) hunting, fishing, and gathering; and
(ii) cultural and many other purposes;
(F)(i) in the 1870s, when slaughter resulted in the
risk of bison extinction, a Pend d’Oreille man named Little
Falcon Robe received approval from leaders of the Tribes
to bring orphaned bison calves across the Continental
Divide to the Reservation for purposes of starting a herd
for subsistence and conservation purposes;
(ii) starting with just a few bison calves, the animals
grew into a large herd under the stewardship of members
of the Tribes, who later included Michel Pablo and Charles
Allard; and

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PUBLIC LAW 116–260—DEC. 27, 2020
(iii) the Reservation was the home of that free-ranging
herd of bison for decades before the establishment of the
National Bison Range;
(G) when the Reservation was opened for homesteading, a free-ranging bison herd was no longer feasible,
resulting in Michel Pablo selling the herd to off-Reservation
interests;
(H) many of the bison, or their descendants, from the
Tribal member-managed herd were repurchased and
brought back to the Reservation to form the original herd
for the National Bison Range;
(I) the bison herd at the National Bison Range descends
largely from a herd started and managed as described
in subparagraph (F);
(J) the Tribes—
(i) have played a substantive role as conservation
leaders, often in partnership with the National Bison
Range;
(ii) have demonstrated a long-term commitment
to responsible management of the land and resources
surrounding the National Bison Range; and
(iii) desire to carry out the purposes for which
the National Bison Range was established;
(K) the Tribes have extensive experience in wildlife
and natural resources management, including—
(i) the establishment and management of the
91,000-acre Mission Mountains Tribal Wilderness, the
first tribally designated wilderness area in the United
States;
(ii) special management districts for large animals,
such as the Little Money Bighorn Sheep Management
Area and the Ferry Basin Elk Management Area; and
(iii) the restoration and management of bighorn
sheep populations, peregrine falcons, and trumpeter
swans on the Reservation;
(L) the Tribes have an extensive history of successful
partnerships with Federal agencies with respect to issues
such as—
(i) threatened and endangered species management;
(ii) migratory waterfowl management; and
(iii) wetland habitat management;
(M)(i) the Tribes have entered into prior managementrelated agreements relating to the National Bison Range
under title IV of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5361 et seq.); and
(ii) the Tribes and the United States desire to build
on past and current partnerships, as well as honor and
advance the Federal and Tribal objectives of increasing
Tribal autonomy and Tribal governmental capacity;
(N) since the establishment of the National Bison
Range, additional herds of bison have been established
on other national wildlife refuges and national parks;
(O) the facts and history regarding the Federal Government, the Tribes, the bison, and land on the Reservation
acquired for the National Bison Range are exceptional circumstances that warrant action by Congress; and

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(P) the United States should hold title in and to the
land comprising the National Bison Range, with beneficial
title of the land being restored to the Tribes for—
(i) continued bison conservation;
(ii) other wildlife and natural resource management purposes; and
(iii) other nonconflicting purposes of the Tribes.
(2) PURPOSES.—The purposes of this section are—
(A) to acknowledge the history, culture, and ecological
stewardship of the Tribes with respect to the land on
the Reservation acquired for the National Bison Range,
bison, and other natural resources;
(B) to ensure that the land, bison, and other resources
referred to in subparagraph (A) continue to be protected
and enhanced;
(C) to continue public access and educational
opportunities; and
(D) to ensure a smooth transition for land, bison, and
other natural resources as the land is restored to Federal
trust ownership for the benefit of the Tribes.
(b) DEFINITION OF NATIONAL BISON RANGE.—In this section,
the term ‘‘National Bison Range’’ means all land within the Reservation that was reserved for the national bison range under the
matter under the heading ‘‘NATIONAL BISON RANGE’’ under the
heading ‘‘MISCELLANEOUS’’ under the heading ‘‘DEPARTMENT OF
AGRICULTURE’’ in the Act of May 23, 1908 (16 U.S.C. 671) (as
in effect on the day before the date of enactment of this Act).
(c) RESTORATION OF LAND.—
(1) IN GENERAL.—Notwithstanding any other provision of
law, for the purposes of conserving bison, wildlife, and natural
resources, and of safeguarding the interests of the Tribes in
those resources and the traditional, cultural, and other interests
of the Tribes, all land comprising the National Bison Range
(including all natural resources, interests, and appurtenances
of that land) shall be held in trust by the United States for
the benefit of the Tribes.
(2) ADMINISTRATION.—The land restored by paragraph (1)
shall be—
(A) a part of the Reservation;
(B) administered under the laws (including regulations)
applicable to Indian trust land; and
(C) managed by the Tribes, in accordance with paragraph (3), solely for the care and maintenance of bison,
wildlife, and other natural resources, including designation
or naming of the restored land.
(3) TRIBAL MANAGEMENT.—In managing the land restored
by paragraph (1), the Tribes shall—
(A) provide public access and educational opportunities;
and
(B) at all times, have a publicly available management
plan for the land, bison, and natural resources, which shall
include actions to address management and control of
invasive weeds.
(d) CONVEYANCE OF BUILDINGS AND OTHER STRUCTURES.—
(1) IN GENERAL.—The United States shall convey to the
Tribes, to own in fee, all ownership interests of the United

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States in all buildings, structures, improvements, and appurtenances located on the land restored by subsection (c)(1).
(2) PERSONAL PROPERTY.—The United States may convey
to the Tribes any personal property owned by the United States
and found on, or otherwise associated with, the land restored
by subsection (c)(1).
(e) RELINQUISHMENT OF RIGHTS TO BISON.—The United States
relinquishes to the Tribes all interests of United States in the
bison on the land restored by subsection (c)(1).
(f) TRANSITION.—
(1) IN GENERAL.—Notwithstanding any other provision of
law, during the 2-year period beginning on the date of enactment of this Act, the Secretary shall cooperate with the Tribes
in transition activities regarding the management of land,
bison, and other resources conveyed by this Act, including by
providing to the Tribes, as determined to be appropriate by
the Secretary, funds, personal property, equipment, or other
resources for the performance of, or assistance with, the types
of activities carried out by the Secretary at the National Bison
Range as of the date of enactment of this Act.
(2) EFFECT.—Consistent with subsections (c), (d), and (e),
nothing in this section authorizes the Director of the United
States Fish and Wildlife Service to retain ownership or control
of any real or personal property conveyed by this section, except
as the Tribes may agree to in writing.
(g) REPEAL.—The matter under the heading ‘‘NATIONAL BISON
RANGE’’ under the heading ‘‘MISCELLANEOUS’’ under the heading
‘‘DEPARTMENT OF AGRICULTURE’’ in the Act of May 23, 1908 (16
U.S.C. 671), is repealed.
(h) LIABILITY.—The Tribes shall not be liable for any land,
soil, surface water, groundwater, or other contamination, injury,
or damage resulting from the storage, disposal, release, or presence
of any hazardous substance (as defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability
Act of 1980 (42 U.S.C. 9601)) on any portion of the land restored
by this section on or before the date of the conveyance, unless
the Tribes would otherwise have been responsible for the storage,
disposal, release, or presence.
(i) CLAIMS AGAINST UNITED STATES.—No claim may be brought
pursuant to chapter 7 of title 5, United States Code, or section
1491 or 1505 of title 28, United States Code, against the United
States, or any agency, officer, or employee of the United States,
concerning the preconveyance or postconveyance management of
the land and other property conveyed by this section.
(j) EFFECT.—Nothing in this section relieves the United States
of any obligation under section 120(h)(3) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9620(h)(3)).
(k) NO PRECEDENT.—The provisions of this section—
(1) are uniquely suited to address the distinct circumstances, facts, history, and relationships involved with the
bison, land, and Tribes; and
(2) are not intended, and shall not be interpreted, to establish a precedent for any other situation regarding Federal land,
property, or facilities.
(l) INDIAN GAMING REGULATORY ACT.—The land restored by
this section shall not be eligible or used for any gaming activity

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carried out under the Indian Gaming Regulatory Act (25 U.S.C.
2701 et seq.).

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SEC. 13. MISCELLANEOUS PROVISIONS.

(a) AMENDMENTS.—
(1) ACT OF APRIL 23, 1904.—Section 9 of the Act of April
23, 1904 (33 Stat. 304, chapter 1495; 35 Stat. 450, chapter
216), is amended by striking the seventh undesignated paragraph.
(2) ACT OF MAY 25, 1948.—Section 2 of the Act of May
25, 1948 (62 Stat. 269, chapter 340), is amended—
(A) in subsection (h), by striking paragraph (6) and
inserting the following:
‘‘(6) To enhance fisheries habitat or to improve water conservation management of the project.’’; and
(B) by adding at the end the following:
‘‘(k) MISSION VALLEY DIVISION.—
‘‘(1) IN GENERAL.—The Secretary of the Interior (referred
to in this section as the ‘Secretary’), or the Confederated Salish
and Kootenai Tribes of the Flathead Reservation of Montana
acting on behalf of the Secretary, as the entity with the legal
authority and responsibility to operate the Mission Valley division of the project (referred to in this subsection as the ‘project
operator’), may allocate revenues derived from the Mission
Valley division in accordance with paragraph (2) for the purposes described in subsection (h)(6).
‘‘(2) ALLOCATION.—
‘‘(A) IN GENERAL.—Subject to subparagraphs (B) and
(C), the revenues described in paragraph (1) shall be allocated by providing—
‘‘(i) $100,000 to the Tribes; and
‘‘(ii) $100,000 to the project operator.
‘‘(B) NEGOTIATION.—Effective beginning on October 1
of the tenth calendar year beginning after the date of
enactment of the Montana Water Rights Protection Act,
the Confederated Salish and Kootenai Tribes of the Flathead Reservation of Montana, the State of Montana, and
the Secretary may negotiate for an appropriate allocation
that differs from the allocation described in subparagraph
(A).
‘‘(C) CARRYOVER.—If the project operator does not use
the full allocation of the project operator under this paragraph for a fiscal year, an amount equal to the difference
between the full allocation and the amount used by the
project operator shall be set aside and accumulated for
expenditure during subsequent fiscal years for the purposes
described in subsection (h)(6).’’.
(3) INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE ACT.—Section 403(b)(4) of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5363(b)(4)) is
amended—
(A) in subparagraph (A), by adding ‘‘and’’ at the end;
(B) in subparagraph (B), by striking ‘‘and’’ at the end;
and
(C) by striking subparagraph (C).

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134 STAT. 3034

PUBLIC LAW 116–260—DEC. 27, 2020

(b) LIENS.—Any lien established by the Act of April 23, 1904
(33 Stat. 302, chapter 1495; 35 Stat. 449, chapter 216), is extinguished and released.
(c) WAIVER OF SOVEREIGN IMMUNITY.—Except as provided in
subsections (a) through (c) of section 208 of the Department of
Justice Appropriation Act, 1953 (43 U.S.C. 666), nothing in this
Act waives the sovereign immunity of the United States.
(d) OTHER TRIBES NOT ADVERSELY AFFECTED.—Nothing in this
Act quantifies or diminishes any land or water right, or any claim
or entitlement to land or water, of any Indian tribe other than
the Tribes.
(e) LIMITATION ON CLAIMS FOR REIMBURSEMENT.—With respect
to Indian land located within the Reservation—
(1) the United States shall not submit against any Indianowned land within the Reservation any claim for reimbursement of the cost to the United States of carrying out this
Act or the Compact; and
(2) no assessment of any Indian-owned land located within
the Reservation shall be made regarding that cost.
(f) LIMITATION ON LIABILITY OF UNITED STATES.—
(1) IN GENERAL.—The United States has no obligation—
(A) to monitor, administer, or account for, in any
manner, any funds provided to the Tribes by the State;
or
(B) to review or approve any expenditure of the funds
described in subparagraph (A).
(2) INDEMNITY.—The Tribes shall indemnify the United
States, and hold the United States harmless, with respect to
all claims (including claims for takings or breach of trust)
arising from the receipt or expenditure of amounts to carry
out this Act (other than claims arising out of activities carried
out by the Tribes with funds transferred in accordance with
section 7(d)).
(g) ANTIDEFICIENCY.—The United States shall not be liable
for any failure to carry out any obligation or activity authorized
by this Act (including any obligation or activity under the Compact)
if—
(1) adequate appropriations are not provided expressly by
Congress to carry out this Act; or
(2) subject to section 9(c), insufficient funds are available
to carry out this Act in the Reclamation Water Settlements
Fund established by section 10501(a) of the Omnibus Public
Land Management Act of 2009 (43 U.S.C. 407(a)).
(h) FEDERAL ADVISORY COMMITTEE ACT.—The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to any activity
or function carried out by the Secretary under this Act.
(i) COOPERATIVE OPERATION AND MAINTENANCE OF FLATHEAD
INDIAN IRRIGATION PROJECT.—
(1) AGREEMENT WITH SECRETARY.—On receipt of a joint
request from the Tribes and 1 or more irrigation districts
within the Flathead Indian irrigation project, the Secretary
shall enter into an agreement with the Tribes and the irrigation
districts for the cooperative operation and maintenance of the
Flathead Indian irrigation project, or any portion of the Flathead Indian irrigation project, under such form of organization
and under such conditions as may be acceptable to the Secretary.

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134 STAT. 3035

(2) ESTABLISHMENT OF ORGANIZATION.—
(A) IN GENERAL.—In lieu of entering into an agreement
under paragraph (1), the Tribes and 1 or more irrigation
districts within the Flathead Indian irrigation project may
jointly establish an organization for the purpose of entering
into an agreement for the operation and maintenance of
the Flathead Indian irrigation project under the Indian
Self-Determination and Education Assistance Act (25
U.S.C. 5301 et seq.).
(B) CONTRACT SUPPORT COSTS.—Any contract support
costs pursuant to section 106(a) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5325(a))
for an organization established pursuant to subparagraph
(A) shall be limited to funds available from annual assessment under part 171 of title 25, Code of Federal Regulations (or successor regulations).
(C) TREATMENT.—An organization established pursuant to subparagraph (A) shall be considered to be a tribal
organization (as defined in section 4 of the Indian SelfDetermination and Education Assistance Act (25 U.S.C.
5304)) for purposes of that Act.
(D) ANNUAL O&M ASSESSMENTS.—Nothing in this subsection limits the ability of an organization established
pursuant to subparagraph (A) to include the costs of administering the Flathead Indian irrigation project when establishing annual assessment rates in accordance with part
171 of title 25, Code of Federal Regulations (or successor
regulations).
(j) EXCHANGES OF LAND.—
(1) DEFINITIONS.—In this subsection:
(A) PUBLIC LAND.—The term ‘‘public land’’ means—
(i) public lands (as defined in section 103 of the
Federal Land Policy and Management Act of 1976
(43 U.S.C. 1702)); and
(ii) land managed by the Secretary of Agriculture
under the jurisdiction of the Forest Service.
(B) SECRETARY CONCERNED.—The term ‘‘Secretary concerned’’ means, as applicable—
(i) the Secretary, with respect to the public land
described in subparagraph (A)(i); or
(ii) the Secretary of Agriculture, with respect to
the public land described in subparagraph (A)(ii).
(2) STATE TRUST LAND.—
(A) IN GENERAL.—The Secretary concerned shall offer
to negotiate with the State for the purpose of exchanging
public land within the State for State trust land located
within the Reservation with a total value substantially
equal to the value of the surface estate of the approximately
36,808 acres of State trust land obtained by the State
pursuant to—
(i) the Act of February 22, 1889 (commonly known
as the ‘‘Montana Enabling Act’’) (25 Stat. 676, chapter
180), and the Act of April 23, 1904 (33 Stat. 302,
chapter 1495; 35 Stat. 449, chapter 216); or
(ii) the Act of February 25, 1920 (41 Stat. 452).
(B) PROCEDURES.—An exchange described in subparagraph (A) shall be conducted in accordance with section

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206 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1716).
(C) VALUATION.—In determining the fair market value
of land for purposes of subparagraph (A), the parties to
the exchange shall give due consideration to the value
of any improvements on the land.
(D) FINANCIAL IMPACT.—The Secretary concerned shall
ensure that land exchanged pursuant to this paragraph
is selected in a manner that minimizes the financial impact
on local governments, if any.
(E) ASSISTANCE.—The Secretary concerned shall provide such financial or other assistance to the State and
the Tribes as may be necessary to obtain the appraisals,
and to satisfy administrative requirements, necessary to
accomplish the exchanges under subparagraph (A).
(F) TITLE.—On approving an exchange under this paragraph, the Secretary concerned shall—
(i) receive title in and to the State trust land
involved in the exchange, on behalf of the United
States; and
(ii) transfer title in and to the public land disposed
of in the exchanges with the State by such means
of conveyance as the Secretary concerned considers
to be appropriate.
(G) TRUST.—Title to the State trust land acquired
pursuant to an exchange under this paragraph shall be—
(i) vested in the United States in trust for the
sole use and benefit of the Tribes; and
(ii) recognized as part of the Reservation.
(3) REQUIREMENTS.—
(A) IN GENERAL.—In carrying out paragraph (2), the
Secretary concerned shall, during the 5-year period beginning on the date of enactment of this Act, give priority
to an exchange of public land within the State for State
trust land owned by the State.
(B) TOTAL VALUE.—The total value of the land
exchanged and acquired for the Tribes pursuant to this
subsection shall not exceed the value of the surface estate
of the 36,808 acres described in paragraph (2)(A).
(C) PRIVATE EXCHANGES.—
(i) IN GENERAL.—Subject to subparagraph (B), if,
for any reason, after the expiration of the period
described in subparagraph (A), the exchanges under
paragraph (2) have not provided to the Tribes a total
of 36,808 acres of surface land within the boundaries
of the Reservation, the Secretary concerned shall, at
the request of, and in cooperation with, the Tribes,
develop and implement a program to provide to the
Tribes additional land within the Reservation through
land exchanges with private landowners.
(ii) REQUIREMENT.—In carrying out this subparagraph, the Secretary concerned may exchange public
land within the State for private land of substantially
equal value within the boundaries of the Reservation,
in accordance with section 206 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1716).

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 3037

(D) VALUATION.—In determining the fair market value
of land under subparagraph (C), the parties to an exchange
made pursuant to that subparagraph shall give due consideration to the value of improvements on the land.
(E) TITLE.—If the Secretary concerned obtains private
land pursuant to subparagraph (C), the Secretary concerned shall transfer title to the land to the Tribes.
(F) TRUST.—Title to any private land or public land
transferred to the Tribes pursuant to this paragraph
shall—
(i) be vested in the United States in trust for
the sole use and benefit of the Tribes; and
(ii) be recognized as part of the Reservation, if
the land is located within the boundaries of the Reservation.
(G) TRIBAL ASSISTANCE.—The Tribes shall assist in
obtaining prospective willing parties to exchange private
land within the Reservation for public land within the
State under this paragraph.
(4) PROTECTION OF GRAZING RIGHTS.—State trust land that
is not adjacent to Tribal land shall not be eligible to be
exchanged under this subsection.
(k) REVIEW OF DECISIONS.—A court of competent jurisdiction
shall review the decisions of the Flathead Reservation Water
Management Board and the Montana Department of Fish, Wildlife,
and Parks in accordance with—
(1) the Compact;
(2) the Law of Administration; and
(3) this Act.
(l) PAYMENTS TO CERTAIN COUNTIES.—
(1) PAYMENTS.—
(A) BY SECRETARY.—Subject to paragraph (2), to reduce
the financial impact on the counties in which the land
restored by section 12 is located, the Secretary shall make
payments to Lake County and Sanders County in the State,
out of amounts in the fund established under section 401(a)
of the Act of June 15, 1935 (16 U.S.C. 715s(a)).
(B) BY TRIBES.—To ensure that culverts, bridges, and
roads that intersect with, or are otherwise located within,
the supply and distribution network of the Flathead Indian
irrigation project comply with Federal environmental
requirements, to ensure public safety, and to enhance
Tribal fisheries on the Reservation, the Tribes shall allocate
from the Trust Fund amounts withdrawn for the purposes
described in section 8(h)(13), under an agreement approved
by the Secretary—
(i) $5,000,000 to Lake County in the State; and
(ii) $5,000,000 to Sanders County in the State.
(2) AMOUNT OF PAYMENTS.—The amount of the payments
under paragraph (1)(A) shall be equal to the amount each
county would have received if this Act had not been enacted.
(3) TREATMENT OF LAND FOR PURPOSES OF CALCULATING
PAYMENTS.—For the limited purposes of calculating payments
to Lake County and Sanders County under this subsection
and section 401 of the Act of June 15, 1935 (16 U.S.C. 715s),
the land restored by section 13 shall be treated as a fee area

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134 STAT. 3038

PUBLIC LAW 116–260—DEC. 27, 2020

(as defined in section 401(g) of the Act of June 15, 1935 (16
U.S.C. 715s(g))).
(m) EFFECT ON CURRENT LAW.—Nothing in this Act authorizes
preenforcement judicial review of any Federal environmental
enforcement action.
(n) NO PRECEDENT.—The provisions of this Act—
(1) are uniquely suited to address the distinct circumstances, facts, history, and relationships involved; and
(2) are not intended, and shall not be interpreted, to establish precedent for any other situation.
Taxpayer
Certainty
and Disaster
Tax Relief Act
of 2020.
26 USC 1 note.

DIVISION EE—TAXPAYER CERTAINTY
AND DISASTER TAX RELIEF ACT OF 2020
SEC. 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This division may be cited as the ‘‘Taxpayer
Certainty and Disaster Tax Relief Act of 2020’’.
(b) AMENDMENT OF 1986 CODE.—Except as otherwise expressly
provided, whenever in this division an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a section
or other provision, the reference shall be considered to be made
to a section or other provision of the Internal Revenue Code of
1986.
(c) TABLE OF CONTENTS.—The table of contents of this division
is as follows:
Sec. 1. Short title; table of contents.
TITLE I—EXTENSION OF CERTAIN EXPIRING PROVISIONS
Subtitle A—Certain Provisions Made Permanent
Sec. 101. Reduction in medical expense deduction floor.
Sec. 102. Energy efficient commercial buildings deduction.
Sec. 103. Benefits provided to volunteer firefighters and emergency medical responders.
Sec. 104. Transition from deduction for qualified tuition and related expenses to increased income limitation on lifetime learning credit.
Sec. 105. Railroad track maintenance credit.
Sec. 106. Certain provisions related to beer, wine, and distilled spirits.
Sec. 107. Refunds in lieu of reduced rates for certain craft beverages produced outside the United States.
Sec. 108. Reduced rates not allowed for smuggled or illegally produced beer, wine,
and spirits.
Sec. 109. Minimum processing requirements for reduced distilled spirits rates.
Sec. 110. Modification of single taxpayer rules.

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Subtitle B—Certain Provisions Extended Through 2025
Sec.
Sec.
Sec.
Sec.

111.
112.
113.
114.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

115.
116.
117.
118.
119.
120.
121.

Look-thru rule for related controlled foreign corporations.
New markets tax credit.
Work opportunity credit.
Exclusion from gross income of discharge of qualified principal residence
indebtedness.
7-year recovery period for motorsports entertainment complexes.
Expensing rules for certain productions.
Oil spill liability trust fund rate.
Empowerment zone tax incentives.
Employer credit for paid family and medical leave.
Exclusion for certain employer payments of student loans.
Extension of carbon oxide sequestration credit.
Subtitle C—Extension of Certain Other Provisions

Sec. 131. Credit for electricity produced from certain renewable resources.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 3039

Sec. 132. Extension and phaseout of energy credit.
Sec. 133. Treatment of mortgage insurance premiums as qualified residence interest.
Sec. 134. Credit for health insurance costs of eligible individuals.
Sec. 135. Indian employment credit.
Sec. 136. Mine rescue team training credit.
Sec. 137. Classification of certain race horses as 3-year property.
Sec. 138. Accelerated depreciation for business property on Indian reservations.
Sec. 139. American Samoa economic development credit.
Sec. 140. Second generation biofuel producer credit.
Sec. 141. Nonbusiness energy property.
Sec. 142. Qualified fuel cell motor vehicles.
Sec. 143. Alternative fuel refueling property credit.
Sec. 144. 2-wheeled plug-in electric vehicle credit.
Sec. 145. Production credit for Indian coal facilities.
Sec. 146. Energy efficient homes credit.
Sec. 147. Extension of excise tax credits relating to alternative fuels.
Sec. 148. Extension of residential energy-efficient property credit and inclusion of
biomass fuel property expenditures.
Sec. 149. Black lung disability trust fund excise tax.
Sec.
Sec.
Sec.
Sec.
Sec.

201.
202.
203.
204.
205.

Sec. 206.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

207.
208.
209.
210.
211.
212.
213.
214.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

301.
302.
303.
304.
305.
306.

TITLE II—OTHER PROVISIONS
Minimum low-income housing tax credit rate.
Depreciation of certain residential rental property over 30-year period.
Waste energy recovery property eligible for energy credit.
Extension of energy credit for offshore wind facilities.
Minimum rate of interest for certain determinations related to life insurance contracts.
Clarifications and technical improvements to CARES Act employee retention credit.
Extension and modification of employee retention and rehiring tax credit.
Minimum age for distributions during working retirement.
Temporary rule preventing partial plan termination.
Temporary allowance of full deduction for business meals.
Temporary special rule for determination of earned income.
Certain charitable contributions deductible by non-itemizers.
Modification of limitations on charitable contributions.
Temporary special rules for health and dependent care flexible spending
arrangements.
TITLE III—DISASTER TAX RELIEF
Definitions.
Special disaster-related rules for use of retirement funds.
Employee retention credit for employers affected by qualified disasters.
Other disaster-related tax relief provisions.
Low-income housing tax credit.
Treatment of certain possessions.

TITLE I—EXTENSION OF CERTAIN
EXPIRING PROVISIONS
Subtitle A—Certain Provisions Made
Permanent
SEC. 101. REDUCTION IN MEDICAL EXPENSE DEDUCTION FLOOR.

(a) IN GENERAL.—Section 213 is amended—
(1) by striking ‘‘10 percent’’ in subsection (a) and inserting
‘‘7.5 percent’’, and
(2) by striking subsection (f).
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2020.

26 USC 213.

26 USC 213 note.

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SEC. 102. ENERGY EFFICIENT COMMERCIAL BUILDINGS DEDUCTION.

(a) DEDUCTION MADE PERMANENT.—Section 179D is amended
by striking subsection (h).

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26 USC 179D
note.

PUBLIC LAW 116–260—DEC. 27, 2020

(b) INFLATION ADJUSTMENT.—Section 179D, as amended by subsection (a), is amended by redesignating subsection (g) as subsection
(h) and by inserting after subsection (f) the following new subsection:
‘‘(g) INFLATION ADJUSTMENT.—In the case of a taxable year
beginning after 2020, each dollar amount in subsection (b) or subsection (d)(1)(A) shall be increased by an amount equal to—
‘‘(1) such dollar amount, multiplied by
‘‘(2) the cost-of-living adjustment determined under section
1(f)(3) for the calendar year in which the taxable year begins,
determined by substituting ‘calendar year 2019’ for ‘calendar
year 2016’ in subparagraph (A)(ii) thereof.
Any increase determined under the preceding sentence which is
not a multiple of 1 cent shall be rounded to the nearest cent.’’.
(c) UPDATE OF STANDARDS.—
(1) ASHRAE STANDARDS.—Section 179D(c) is amended—
(A) in paragraphs (1)(B)(ii) and (1)(D), by striking
‘‘Standard 90.1–2007’’ and inserting ‘‘Reference Standard
90.1’’, and
(B) by amending paragraph (2) to read as follows:
‘‘(2) REFERENCE STANDARD 90.1.—The term ‘Reference
Standard 90.1’ means, with respect to any property, the most
recent Standard 90.1 published by the American Society of
Heating, Refrigerating, and Air Conditioning Engineers and
the Illuminating Engineering Society of North America which
has been affirmed by the Secretary, after consultation with
the Secretary of Energy, for purposes of this section not later
than the date that is 2 years before the date that construction
of such property begins.’’.
(2) CALIFORNIA NONRESIDENTIAL ALTERNATIVE CALCULATION
METHOD APPROVAL MANUAL.—Section 179D(d)(2) is amended
by striking ‘‘, based on the provisions of the 2005 California
Nonresidential Alternative Calculation Method Approval
Manual’’ and inserting ‘‘with respect to any property, based
on the provisions of the most recent California Nonresidential
Alternative Calculation Method Approval Manual which has
been affirmed by the Secretary, after consultation with the
Secretary of Energy, for purposes of this section not later than
the date that is 2 years before the date that construction
of such property begins’’.
(d) EFFECTIVE DATE.—The amendments made by this section
shall apply to property placed in service after December 31, 2020.
SEC. 103. BENEFITS PROVIDED TO VOLUNTEER FIREFIGHTERS AND
EMERGENCY MEDICAL RESPONDERS.

26 USC 139B.
26 USC 139B
note.

(a) IN GENERAL.—Section 139B is amended by striking subsection (d).
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to taxable years beginning after December 31, 2020.

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SEC. 104. TRANSITION FROM DEDUCTION FOR QUALIFIED TUITION
AND RELATED EXPENSES TO INCREASED INCOME
LIMITATION ON LIFETIME LEARNING CREDIT.

(a) INCREASED INCOME LIMITATIONS
LEARNING CREDIT.—

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134 STAT. 3041

(1) IN GENERAL.—Section 25A(d) is amended by striking
paragraphs (1) and (2), by redesignating paragraph (3) as paragraph (2), and by inserting before paragraph (2) (as so redesignated) the following new paragraph:
‘‘(1) IN GENERAL.—The American Opportunity Tax Credit
and the Lifetime Learning Credit shall each (determined without regard to this paragraph) be reduced (but not below zero)
by the amount which bears the same ratio to each such credit
(as so determined) as—
‘‘(A) the excess of—
‘‘(i) the taxpayer’s modified adjusted gross income
for such taxable year, over
‘‘(ii) $80,000 ( $160,000 in the case of a joint
return), bears to
‘‘(B) $10,000 ( $20,000 in the case of a joint return).’’.
(2) CONFORMING AMENDMENT.—Section 25A is amended by
striking subsection (h).
(b) REPEAL OF DEDUCTION FOR QUALIFIED TUITION AND
RELATED EXPENSES.—
(1) IN GENERAL.—Part VII of subchapter B of chapter 1
is amended by striking section 222 (and by striking the item
relating to such section in the table of sections for such part).
(2) CONFORMING AMENDMENTS.—
(A) Section 62(a) is amended by striking paragraph
(18).
(B) Section 74(d)(2)(B) is amended by striking ‘‘222,’’.
(C) Section 86(b)(2)(A) is amended by striking ‘‘222,’’.
(D) Section 135(c)(4)(A) is amended by striking ‘‘222,’’.
(E) Section 137(b)(3)(A) is amended by striking ‘‘222,’’.
(F) Section 219(g)(3)(A)(ii) is amended by striking
‘‘222,’’.
(G) Section 221(b)(2)(C)(i) is amended by striking
‘‘222,’’.
(H) Section 469(i)(3)(E)(iii) is amended by striking
‘‘222,’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2020.

26 USC 25A.

26 USC 211 prec.

26 USC 25A note.

SEC. 105. RAILROAD TRACK MAINTENANCE CREDIT.

(a) MADE PERMANENT.—Section 45G is amended by striking
subsection (f).
(b) MODIFICATION OF CREDIT RATE.—Section 45G(a) is amended
by striking ‘‘50 percent’’ and inserting ‘‘40 percent (50 percent
in the case of any taxable year beginning before January 1, 2023)’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years ending after the date of the enactment
of this Act.

26 USC 45G
note.

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SEC. 106. CERTAIN PROVISIONS RELATED TO BEER, WINE, AND DISTILLED SPIRITS.

(a) PRODUCTION PERIOD FOR BEER, WINE, AND DISTILLED
SPIRITS.—
(1) IN GENERAL.—Section 263A(f)(4) is amended to read
as follows:
‘‘(4) EXEMPTION FOR AGING PROCESS OF BEER, WINE, AND
DISTILLED SPIRITS.—For purposes of this subsection, the production period shall not include the aging period for—
‘‘(A) beer (as defined in section 5052(a)),

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134 STAT. 3042

26 USC 263A
note.

26 USC 5051.

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26 USC 5051
note.

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‘‘(B) wine (as described in section 5041(a)), or
‘‘(C) distilled spirits (as defined in section 5002(a)(8)),
except such spirits that are unfit for use for beverage
purposes.’’.
(2) EFFECTIVE DATE.—The amendment made by this subsection shall apply to interest costs paid or accrued after
December 31, 2020.
(b) REDUCED RATE OF EXCISE TAX ON BEER.—
(1) IN GENERAL.—Section 5051(a)(1) is amended to read
as follows:
‘‘(1) IN GENERAL.—
‘‘(A) IMPOSITION OF TAX.—A tax is hereby imposed on
all beer brewed or produced, and removed for consumption
or sale, within the United States, or imported into the
United States. Except as provided in paragraph (2), the
rate of such tax shall be—
‘‘(i) $16 on the first 6,000,000 barrels of beer—
‘‘(I) brewed by the brewer and removed during
the calendar year for consumption or sale, or
‘‘(II) imported by the importer into the United
States during the calendar year, and
‘‘(ii) $18 on any barrels of beer to which clause
(i) does not apply.
‘‘(B) BARREL.—For purposes of this section, a barrel
shall contain not more than 31 gallons of beer, and any
tax imposed under this section shall be applied at a like
rate for any other quantity or for fractional parts of a
barrel.’’.
(2) REDUCED RATE FOR CERTAIN DOMESTIC PRODUCTION.—
Section 5051(a)(2)(A) is amended—
(A) in the heading, by inserting ‘‘ $3.50 A BARREL’’
before ‘‘RATE’’, and
(B) by striking ‘‘ $7’’ and all that follows through
‘‘January 1, 2021)’’ and inserting ‘‘ $3.50’’.
(3) APPLICATION OF REDUCED TAX RATE FOR FOREIGN MANUFACTURERS AND IMPORTERS.—Section 5051(a) is amended—
(A) in paragraph (1)(A)(i)(II), as amended by paragraph
(1) of this subsection, by inserting ‘‘but only if the importer
is an electing importer under paragraph (4) and the barrels
have been assigned to the importer pursuant to such paragraph’’ after ‘‘during the calendar year’’, and
(B) in paragraph (4)—
(i) in subparagraph (A), by striking ‘‘paragraph
(1)(C)’’ and inserting ‘‘paragraph (1)(A)’’, and
(ii) in subparagraph (B), by striking ‘‘The Secretary’’ and inserting ‘‘The Secretary, after consultation
with the Secretary of the Department of Homeland
Security,’’.
(4) CONTROLLED GROUP AND SINGLE TAXPAYER RULES.—
Section 5051(a)(5) is amended by striking ‘‘paragraph (1)(C)(i)’’
each place it appears and inserting ‘‘paragraph (1)(A)(i)’’.
(5) EFFECTIVE DATE.—The amendments made by this subsection shall apply to beer removed after December 31, 2020.
(c) TRANSFER OF BEER BETWEEN BONDED FACILITIES.—
(1) IN GENERAL.—Section 5414 is amended to read as follows:

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‘‘SEC. 5414. TRANSFER OF BEER BETWEEN BONDED FACILITIES.

‘‘(a) IN GENERAL.—Beer may be removed from one brewery
to another brewery, without payment of tax, and may be mingled
with beer at the receiving brewery, subject to such conditions,
including payment of the tax, and in such containers, as the Secretary by regulations shall prescribe, which shall include—
‘‘(1) any removal from one brewery to another brewery
belonging to the same brewer,
‘‘(2) any removal from a brewery owned by one corporation
to a brewery owned by another corporation when—
‘‘(A) one such corporation owns the controlling interest
in the other such corporation, or
‘‘(B) the controlling interest in each such corporation
is owned by the same person or persons, and
‘‘(3) any removal from one brewery to another brewery
when—
‘‘(A) the proprietors of transferring and receiving premises are independent of each other and neither has a proprietary interest, directly or indirectly, in the business of
the other, and
‘‘(B) the transferor has divested itself of all interest
in the beer so transferred and the transferee has accepted
responsibility for payment of the tax.
‘‘(b) TRANSFER OF LIABILITY FOR TAX.—For purposes of subsection (a)(3), such relief from liability shall be effective from the
time of removal from the transferor’s premises, or from the time
of divestment of interest, whichever is later.’’.
(2) EFFECTIVE DATE.—The amendment made by this subsection shall apply to any calendar quarters beginning after
December 31, 2020.
(d) REDUCED RATE OF EXCISE TAX ON CERTAIN WINE.—
(1) IN GENERAL.—Section 5041(c) is amended—
(A) in the heading, by striking ‘‘FOR SMALL DOMESTIC
PRODUCERS’’,
(B) by amending paragraph (1) to read as follows:
‘‘(1) ALLOWANCE OF CREDIT.—
‘‘(A) IN GENERAL.—There shall be allowed as a credit
against any tax imposed by this title (other than chapters
2, 21, and 22) an amount equal to the sum of—
‘‘(i) $1 per wine gallon on the first 30,000 wine
gallons of wine, plus
‘‘(ii) 90 cents per wine gallon on the first 100,000
wine gallons of wine to which clause (i) does not apply,
plus
‘‘(iii) 53.5 cents per wine gallon on the first 620,000
wine gallons of wine to which clauses (i) and (ii) do
not apply,
which are produced by the producer and removed during
the calendar year for consumption or sale, or which are
imported by the importer into the United States during
the calendar year.
‘‘(B) ADJUSTMENT OF CREDIT FOR HARD CIDER.—In the
case of wine described in subsection (b)(6), subparagraph
(A) of this paragraph shall be applied—
‘‘(i) in clause (i) of such subparagraph, by substituting ‘6.2 cents’ for ‘ $1’,

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26 USC 5414
note.

26 USC 5041.

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134 STAT. 3044

26 USC 5041
note.

26 USC 5041
note.

26 USC 5041
note.

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26 USC 5001.

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‘‘(ii) in clause (ii) of such subparagraph, by substituting ‘5.6 cents’ for ‘90 cents’, and
‘‘(iii) in clause (iii) of such subparagraph, by substituting ‘3.3 cents’ for ‘53.5 cents’.’’,
(C) by striking paragraphs (2) and (8),
(D) by redesignating paragraphs (3) through (6) as
paragraphs (2) through (5), respectively,
(E) by redesignating paragraph (9) as paragraph (6),
and
(F) by amending paragraph (7) to read as follows:
‘‘(7) REGULATIONS.—The Secretary may prescribe such
regulations as may be necessary to carry out the purposes
of this subsection, including regulations to ensure proper calculation of the credit provided in this subsection.’’.
(2) ALLOWANCE OF CREDIT FOR FOREIGN MANUFACTURERS
AND IMPORTERS.—Section 5041(c), as amended by paragraph
(1), is amended—
(A) in paragraph (1)(A), by inserting ‘‘but only if the
importer is an electing importer under paragraph (6) and
the wine gallons of wine have been assigned to the importer
pursuant to such paragraph’’ after ‘‘into the United States
during the calendar year’’, and
(B) in paragraph (6)—
(i) in subparagraph (A), by striking ‘‘paragraph
(8)’’ and inserting ‘‘paragraph (1)’’,
(ii) in subparagraph (B), by striking ‘‘The Secretary’’ and inserting ‘‘The Secretary of the Treasury,
after consultation with the Secretary of the Department of Homeland Security,’’, and
(iii) in subparagraph (C), by striking ‘‘paragraph
(4)’’ and inserting ‘‘paragraph (3)’’.
(3) EFFECTIVE DATE.—The amendments made by this subsection shall apply to wine removed after December 31, 2020.
(e) ADJUSTMENT OF ALCOHOL CONTENT LEVEL FOR APPLICATION
OF EXCISE TAX RATES.—
(1) IN GENERAL.—Paragraphs (1) and (2) of section 5041(b)
are each amended by striking ‘‘14 percent’’ and all that follows
through ‘‘January 1, 2021’’ and inserting ‘‘16 percent’’.
(2) EFFECTIVE DATE.—The amendments made by this subsection shall apply to wine removed after December 31, 2020.
(f) DEFINITION OF MEAD AND LOW ALCOHOL BY VOLUME WINE.—
(1) IN GENERAL.—Section 5041(h) is amended—
(A) in paragraph (2), by striking ‘‘the Secretary shall’’
each place it appears and inserting ‘‘the Secretary may’’,
and
(B) by striking paragraph (3).
(2) EFFECTIVE DATE.—The amendments made by this subsection shall apply to wine removed after December 31, 2020.
(g) REDUCED RATE OF EXCISE TAX ON CERTAIN DISTILLED
SPIRITS.—
(1) IN GENERAL.—Section 5001(c) is amended—
(A) in the heading, by striking ‘‘TEMPORARY REDUCED
RATE’’ and inserting ‘‘REDUCED RATE’’,
(B) in paragraph (3)(B), by striking ‘‘The Secretary’’
and inserting ‘‘The Secretary of the Treasury, after consultation with the Secretary of the Department of Homeland Security,’’, and

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134 STAT. 3045

(C) by striking paragraph (4).
(2) EFFECTIVE DATE.—The amendments made by this subsection shall apply to distilled spirits removed after December
31, 2020.
(h) BULK DISTILLED SPIRITS.—
(1) IN GENERAL.—Section 5212 is amended by striking ‘‘and
before January 1, 2021,’’ and inserting ‘‘between bonded premises belonging to the same person or members of the same
controlled group (within the meaning of section 5001(c)(2))’’.
(2) NON-BULK TRANSFERS RELATED TO BOTTLING OR STORAGE.—Section 5212 is amended by adding at the end the following new sentence: ‘‘In the case of distilled spirits transferred
in bond from the person who distilled or processed such distilled
spirits (hereinafter referred to as ‘transferor’) to another person
for bottling or storage of such distilled spirits, and returned
to the transferor for removal, this section shall be applied
without regard to whether distilled spirits are bulk distilled
spirits, but only if the transferor retains title during the entire
period between such distillation, or processing, and removal.’’.
(3) EFFECTIVE DATE.—The amendments made by this subsection shall apply to distilled spirits transferred in bond after
December 31, 2020.
(i) SIMPLIFICATION OF RULES REGARDING RECORDS, STATEMENTS, AND RETURNS.—
(1) IN GENERAL.—Section 5555(a) is amended by striking
‘‘For calendar quarters beginning after the date of the enactment of this sentence, and before January 1, 2021, the Secretary’’ and inserting ‘‘The Secretary’’.
(2) EFFECTIVE DATE.—The amendment made by this subsection shall apply to calendar quarters beginning after
December 31, 2020.

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SEC. 107. REFUNDS IN LIEU OF REDUCED RATES FOR CERTAIN CRAFT
BEVERAGES PRODUCED OUTSIDE THE UNITED STATES.

(a) DISTILLED SPIRITS.—
(1) IN GENERAL.—Section 5001(c), as amended by the preceding provisions of this Act, is amended by adding at the
end the following new paragraph:
‘‘(4) REFUNDS IN LIEU OF REDUCED RATES FOR FOREIGN
PRODUCTION REMOVED AFTER DECEMBER 31, 2022.—
‘‘(A) IN GENERAL.—In the case of any proof gallons
of distilled spirits which have been produced outside the
United States and imported into the United States, if such
proof gallons of distilled spirits are removed after December
31, 2022—
‘‘(i) paragraph (1) shall not apply, and
‘‘(ii) the amount determined under subparagraph
(B) shall be allowed as a refund, determined for periods
not less frequently than quarterly, to the importer
in the same manner as if such amount were an overpayment of tax imposed by this section.
‘‘(B) AMOUNT OF REFUND.—The amount determined
under this subparagraph with respect to any importer for
any period is an amount equal to the sum of—
‘‘(i) the excess (if any) of—
‘‘(I) the amount of tax imposed under this
subpart on proof gallons of distilled spirits referred

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26 USC 5001
note.

26 USC 5212.

26 USC 5212
note.

26 USC 5555
note.

Determinations.

Time period.

PUBL260B

134 STAT. 3046

Applicability.

26 USC 7652.

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26 USC 5001
note.

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to in subparagraph (A) which were removed during
such period, over
‘‘(II) the amount of tax which would have been
imposed under this subpart on such proof gallons
of distilled spirits if this section were applied without regard to this paragraph, plus
‘‘(ii) the amount of interest which would be allowed
and paid on an overpayment of tax at the overpayment
rate established under section 6621(a)(1) (without
regard to the second sentence thereof) were such rate
applied to the excess (if any) determined under clause
(i) for the number of days in the filing period for
which the refund under this paragraph is being determined.
‘‘(C) APPLICATION OF RULES RELATED TO ELECTIONS AND
ASSIGNMENTS.—Subparagraph (A)(ii) shall apply only if the
importer is an electing importer under paragraph (3) and
the proof gallons of distilled spirits have been assigned
to the importer pursuant to such paragraph.
‘‘(D) RULES FOR REFUNDS WITHIN 90 DAYS.—For purposes of refunds allowed under this paragraph, section
6611(e) shall be applied by substituting ‘90 days’ for ‘45
days’ each place it appears.’’.
(2) COORDINATION WITH DETERMINATION FOR COVER OVER
TO PUERTO RICO AND VIRGIN ISLANDS.—
(A) IN GENERAL.—Section 7652 is amended by adding
at the end the following new subsection:
‘‘(i) DETERMINATION OF TAXES COLLECTED.—For purposes of
subsections (a)(3), (b)(3), and (e)(1), refunds under section 5001(c)(4)
shall not be taken into account as a refund, and the amount
of taxes imposed by and collected under section 5001(a)(1) shall
be determined without regard to section 5001(c).’’.
(B) CONFORMING AMENDMENT.—Section 7652(e) is
amended by striking paragraph (5).
(3) EFFECTIVE DATE.—The amendments made by this subsection shall apply to distilled spirits brought into the United
States and removed after December 31, 2022.
(b) BEER.—
(1) IN GENERAL.—Section 5051(a) is amended by adding
at the end the following new paragraph:
‘‘(6) REFUNDS IN LIEU OF REDUCED RATES FOR FOREIGN
PRODUCTION REMOVED AFTER DECEMBER 31, 2022.—
‘‘(A) IN GENERAL.—In the case of any barrels of beer
which have been produced outside the United States and
imported into the United States, if such barrels of beer
are removed after December 31, 2022—
‘‘(i) paragraph (1)(A)(i) shall not apply, and
‘‘(ii) the amount determined under subparagraph
(B) shall be allowed as a refund, determined for periods
not less frequently than quarterly, to the importer
in the same manner as if such amount were an overpayment of tax imposed by this section.
‘‘(B) AMOUNT OF REFUND.—The amount determined
under this subparagraph with respect to any importer for
any period is an amount equal to the sum of—
‘‘(i) excess (if any) of—

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134 STAT. 3047

‘‘(I) the amount of tax imposed under this
section on barrels of beer referred to in subparagraph (A) which were removed during such period,
over
‘‘(II) the amount of tax which would have been
imposed under this section on such barrels of beer
if this section were applied without regard to this
paragraph, plus
‘‘(ii) the amount of interest which would be allowed
and paid on an overpayment of tax at the overpayment
rate established under section 6621(a)(1) (without
regard to the second sentence thereof) were such rate
applied to the excess (if any) determined under clause
(i) for the number of days in the filing period for
which the refund under this paragraph is being determined.
‘‘(C) APPLICATION OF RULES RELATED TO ELECTIONS AND
ASSIGNMENTS.—Subparagraph (A)(ii) shall apply only if the
importer is an electing importer under paragraph (4) and
the barrels of beer have been assigned to the importer
pursuant to such paragraph.
‘‘(D) RULES FOR REFUNDS WITHIN 90 DAYS.—For purposes of refunds allowed under this paragraph, section
6611(e) shall be applied by substituting ‘90 days’ for ‘45
days’ each place it appears.’’.
(2) EFFECTIVE DATE.—The amendment made by this subsection shall apply to beer removed after December 31, 2022.
(c) WINE.—
(1) IN GENERAL.—Section 5041(c), as amended by the preceding provisions of this Act, is amended by redesignating
paragraph (7) as paragraph (8) and by inserting after paragraph
(6) the following new paragraph:
‘‘(7) REFUNDS IN LIEU OF TAX CREDITS FOR FOREIGN PRODUCTION REMOVED AFTER DECEMBER 31, 2022.—
‘‘(A) IN GENERAL.—In the case of any wine gallons
of wine which have been produced outside the United
States and imported into the United States, if such wine
gallons are removed after December 31, 2022—
‘‘(i) paragraph (1) shall not apply, and
‘‘(ii) the amount determined under subparagraph
(B) shall be allowed as a refund, determined for periods
not less frequently than quarterly, to the importer
in the same manner as if such amount were an overpayment of tax imposed by this section.
‘‘(B) AMOUNT OF REFUND.—The amount determined
under this subparagraph with respect to any importer for
any period is an amount equal to the sum of—
‘‘(i) excess (if any) of—
‘‘(I) the amount of tax imposed under this
section on wine gallons of wine referred to in
subparagraph (A) which were removed during such
period, over
‘‘(II) the amount of tax which would have been
imposed under this section (including any allowable credits) on such gallons of wine if this section
were applied without regard to this paragraph,
plus

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Applicability.

26 USC 5051
note.
26 USC 5041.

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134 STAT. 3048

PUBLIC LAW 116–260—DEC. 27, 2020

‘‘(ii) the amount of interest which would be allowed
and paid on an overpayment of tax at the overpayment
rate established under section 6621(a)(1) (without
regard to the second sentence thereof) were such rate
applied to the excess (if any) determined under clause
(i) for the number of days in the filing period for
which the refund under this paragraph is being determined.
‘‘(C) APPLICATION OF RULES RELATED TO ELECTIONS AND
ASSIGNMENTS.—Subparagraph (A)(ii) shall apply only if the
importer is an electing importer under paragraph (6) and
the wine gallons of wine have been assigned to the importer
pursuant to such paragraph.
‘‘(D) RULES FOR REFUNDS WITHIN 90 DAYS.—For purposes of refunds allowed under this paragraph, section
6611(e) shall be applied by substituting ‘90 days’ for ‘45
days’ each place it appears.’’.
(2) EFFECTIVE DATE.—The amendments made by this subsection shall apply to wine removed after December 31, 2022.
(d) INFORMATION REPORTING IN CASE OF ASSIGNMENT OF LOWER
RATES OR REFUNDS BY FOREIGN PRODUCERS OF BEER, WINE, AND
DISTILLED SPIRITS.—
(1) IN GENERAL.—Subpart A of part III of subchapter A
of chapter 61 is amended by inserting after section 6038D
the following new section:

Applicability.

26 USC 5041
note.

26 USC 6038E.

‘‘SEC. 6038E. INFORMATION WITH RESPECT TO ASSIGNMENT OF LOWER
RATES OR REFUNDS BY FOREIGN PRODUCERS OF BEER,
WINE, AND DISTILLED SPIRITS.

‘‘Any foreign producer that elects to make an assignment
described in section 5001(c), 5041(c), or 5051(a) shall provide such
information, at such time and in such manner, as the Secretary
may prescribe in order to make such assignment, including information about the controlled group structure of such foreign producer.’’.
(2) CLERICAL AMENDMENT.—Table of sections for subpart
A of part III of subchapter A of chapter 61 is amended by
inserting after the item relating to section 6038D the following
new item:

26 USC 6031
prec.

‘‘Sec. 6038E. Information with respect to assignment of lower rates or refunds by
foreign producers of beer, wine, and distilled spirits.’’.
Applicability.
26 USC 6038E
note.
Coordination.
26 USC 5001
note.

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Requirement.
26 USC 5001
note.

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(3) EFFECTIVE DATE.—The amendments made by this subsection shall apply to elections to make an assignment under
section 5001(c), 5041(c), or 5051(a) of the Internal Revenue
Code of 1986 after December 31, 2020.
(e) ADMINISTRATION OF REFUNDS.—The Secretary of the
Treasury (or the Secretary’s delegate within the Department of
the Treasury) shall implement and administer sections 5001(c)(4),
5041(c)(7), and 5051(a)(6) of the Internal Revenue Code of 1986,
as added by this Act, in coordination with the United States Customs and Border Protection of the Department of Homeland Security.
(f) REGULATIONS.—The Secretary of the Treasury (or the Secretary’s delegate within the Department of the Treasury) shall
prescribe such regulations as may be necessary or appropriate
to carry out the purposes of this section, including regulations
to require foreign producers to provide information necessary to

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enforce the volume limitations under sections 5001(c), 5041(c), and
5051(a) of such Code.
(g) REPORT.—Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Treasury (or the Secretary’s delegate within the Department of the Treasury) shall,
in coordination with the United States Customs and Border Protection of the Department of Homeland Security, prepare, submit
to Congress, and make publicly available a report detailing the
plans for implementing and administering sections 5001(c)(4),
5041(c)(7), and 5051(a)(6) of such Code, as added by this Act.

Coordination.
Public
information.

SEC. 108. REDUCED RATES NOT ALLOWED FOR SMUGGLED OR ILLEGALLY PRODUCED BEER, WINE, AND SPIRITS.

(a) IN GENERAL.—Subpart E of part I of subchapter A of chapter
51 is amended by redesignating section 5067 as section 5068 and
by inserting after section 5066 the following new section:
‘‘SEC. 5067. REDUCED RATES NOT ALLOWED FOR SMUGGLED OR ILLEGALLY PRODUCED BEER, WINE, OR SPIRITS.

‘‘In the case of beer, wine, or distilled spirits that are smuggled
into the United States or produced other than as authorized by
this chapter—
‘‘(1) the rates of tax under paragraphs (1)(A)(i) and (2)
of section 5051(a) shall not apply in the case of any such
beer,
‘‘(2) the credit under section 5041(c) shall not apply in
the case of any such wine, and
‘‘(3) the rates of tax under section 5001(c) shall not apply
in the case of any such distilled spirits.’’.
(b) CLERICAL AMENDMENT.—The table of sections for subpart
E of part I of subchapter A of chapter 51 is amended by striking
the last item and inserting the following new items:

26 USC 5068.
26 USC 5067.

26 USC 5061
prec.

‘‘Sec. 5067. Reduced rates not allowed for illegally produced beer, wine, or spirits.
‘‘Sec. 5068. Cross reference.’’.

(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to beer, wine, or distilled spirits, as the case may
be, produced after the date of the enactment of this Act.

26 USC 5067
note.

SEC. 109. MINIMUM PROCESSING REQUIREMENTS FOR REDUCED DISTILLED SPIRITS RATES.

(a) IN GENERAL.—Section 5001(c), as amended by the preceding
provisions of this Act, is amended by adding at the end the following:
‘‘(5) PROCESSED DISTILLED SPIRITS.—A distilled spirit shall
not be treated as processed for purposes of this subsection
unless a process described in section 5002(a)(5)(A) (other than
bottling) is performed with respect to such distilled spirit.’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to distilled spirits removed after December 31, 2021.

26 USC 5001
note.

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SEC. 110. MODIFICATION OF SINGLE TAXPAYER RULES.

(a) BEER.—Section 5051(a)(5)(C) is amended by striking ‘‘marketed under a similar brand, license’’ and inserting ‘‘under a
license’’.
(b) WINE.—For single taxpayer rules relating to wine, see cross
reference under section 5041(c)(3) of the Internal Revenue Code
of 1986, as redesignated by this Act.

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134 STAT. 3050
26 USC 5001.

26 USC 5001
note.

PUBLIC LAW 116–260—DEC. 27, 2020

(c) DISTILLED SPIRITS.—
(1) IN GENERAL.—Section 5001(c)(2)(D) is amended by
striking ‘‘marketed under a similar brand, license’’ and inserting
‘‘under a license’’.
(2) APPLICATION TO PROCESSORS.—Section 5001(c)(2)(D) is
further amended by inserting ‘‘or process’’ after ‘‘that produce’’.
(d) EFFECTIVE DATE.—The amendments made by this section
shall apply to beer, wine, and distilled spirits removed after
December 31, 2020.

Subtitle B—Certain Provisions Extended
Through 2025
SEC. 111. LOOK-THRU RULE FOR RELATED CONTROLLED FOREIGN
CORPORATIONS.

Applicability.
26 USC 954 note.

(a) IN GENERAL.—Section 954(c)(6)(C) is amended by striking
‘‘January 1, 2021’’ and inserting ‘‘January 1, 2026’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to taxable years of foreign corporations beginning after
December 31, 2020, and to taxable years of United States shareholders with or within which such taxable years of foreign corporations end.
SEC. 112. NEW MARKETS TAX CREDIT.

(a) IN GENERAL.—Section 45D(f)(1)(H) is amended by striking
‘‘2020’’ and inserting ‘‘for each of calendar years 2020 through
2025’’.
(b) CARRYOVER OF UNUSED LIMITATION.—Section 45D(f)(3) is
amended by striking ‘‘2025’’ and inserting ‘‘2030’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to calendar years beginning after December 31, 2020.

26 USC 45D
note.

SEC. 113. WORK OPPORTUNITY CREDIT.

26 USC 51 note.

(a) IN GENERAL.—Section 51(c)(4) is amended by striking
‘‘December 31, 2020’’ and inserting ‘‘December 31, 2025’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to individuals who begin work for the employer after
December 31, 2020.
SEC. 114. EXCLUSION FROM GROSS INCOME OF DISCHARGE OF QUALIFIED PRINCIPAL RESIDENCE INDEBTEDNESS.

26 USC 108 note.

(a) IN GENERAL.—Section 108(a)(1)(E) is amended by striking
‘‘January 1, 2021’’ both places it appears and inserting ‘‘January
1, 2026’’.
(b) MODIFICATION OF MAXIMUM ACQUISITION INDEBTEDNESS
TAKEN INTO ACCOUNT.—Section 108(h)(2) is amended by striking
‘‘ $2,000,000 ( $1,000,000’’ and inserting ‘‘ $750,000 ( $375,000’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to discharges of indebtedness after December 31, 2020.

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SEC. 115. 7-YEAR RECOVERY PERIOD FOR MOTORSPORTS ENTERTAINMENT COMPLEXES.

26 USC 168 note.

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(a) IN GENERAL.—Section 168(i)(15)(D) is amended by striking
‘‘December 31, 2020’’ and inserting ‘‘December 31, 2025’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to property placed in service after December 31, 2020.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 3051

SEC. 116. EXPENSING RULES FOR CERTAIN PRODUCTIONS.

(a) EXTENSION.—Section 181(g) is amended by striking
‘‘December 31, 2020’’ and inserting ‘‘December 31, 2025’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to productions commencing after December 31, 2020.

26 USC 181.
26 USC 181 note.

SEC. 117. OIL SPILL LIABILITY TRUST FUND RATE.

(a) IN GENERAL.—Section 4611(f)(2) is amended by striking
‘‘December 31, 2020’’ and inserting ‘‘December 31, 2025’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply on and after January 1, 2021.

26 USC 4611
note.

SEC. 118. EMPOWERMENT ZONE TAX INCENTIVES.

(a) IN GENERAL.—Section 1391(d)(1)(A)(i) is amended by
striking ‘‘December 31, 2020’’ and inserting ‘‘December 31, 2025’’.
(b) TERMINATION OF INCREASE IN EXPENSING UNDER SECTION
179.—Section 1397A is amended by adding at the end the following
new subsection:
‘‘(c) TERMINATION.—This section shall not apply to any property
placed in service in taxable years beginning after December 31,
2020.’’.
(c) TERMINATION OF NONRECOGNITION OF GAIN ON ROLLOVER
OF EMPOWERMENT ZONE INVESTMENTS.—Section 1397B is amended
by adding at the end the following new subsection:
‘‘(c) TERMINATION.—This section shall not apply to sales in
taxable years beginning after December 31, 2020.’’.
(d) TREATMENT OF CERTAIN TERMINATION DATES SPECIFIED IN
NOMINATIONS.—In the case of a designation of an empowerment
zone the nomination for which included a termination date which
is contemporaneous with the date specified in subparagraph (A)(i)
of section 1391(d)(1) of the Internal Revenue Code of 1986 (as
in effect before the enactment of this Act), subparagraph (B) of
such section shall not apply with respect to such designation if,
after the date of the enactment of this section, the entity which
made such nomination amends the nomination to provide for a
new termination date in such manner as the Secretary of the
Treasury (or the Secretary’s designee) may provide.
(e) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2020.

26 USC 1391
note.

26 USC 1391
note.

SEC. 119. EMPLOYER CREDIT FOR PAID FAMILY AND MEDICAL LEAVE.

(a) IN GENERAL.—Section 45S(i) is amended by striking
‘‘December 31, 2020’’ and inserting ‘‘December 31, 2025’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to wages paid in taxable years beginning after December
31, 2020.

26 USC 45S note.

SEC. 120. EXCLUSION FOR CERTAIN EMPLOYER PAYMENTS OF STUDENT LOANS.

(a) IN GENERAL.—Section 127(c)(1)(B) is amended by striking
‘‘January 1, 2021’’ and inserting ‘‘January 1, 2026’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to payments made after December 31, 2020.

26 USC 127 note.

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SEC. 121. EXTENSION OF CARBON OXIDE SEQUESTRATION CREDIT.

Section 45Q(d)(1) is amended by striking ‘‘January 1, 2024’’
and inserting ‘‘January 1, 2026’’.

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134 STAT. 3052

PUBLIC LAW 116–260—DEC. 27, 2020

Subtitle C—Extension of Certain Other
Provisions
SEC. 131. CREDIT FOR ELECTRICITY PRODUCED FROM CERTAIN
RENEWABLE RESOURCES.
26 USC 45.

26 USC 45 note.

(a) IN GENERAL.—The following provisions of section 45(d) are
each amended by striking ‘‘January 1, 2021’’ each place it appears
and inserting ‘‘January 1, 2022’’:
(1) Paragraph (1).
(2) Paragraph (2)(A).
(3) Paragraph (3)(A).
(4) Paragraph (4)(B).
(5) Paragraph (6).
(6) Paragraph (7).
(7) Paragraph (9).
(8) Paragraph (11)(B).
(b) EXTENSION OF ELECTION TO TREAT QUALIFIED FACILITIES
AS ENERGY PROPERTY.—Section 48(a)(5)(C)(ii) is amended by
striking ‘‘January 1, 2021’’ and inserting ‘‘January 1, 2022’’.
(c) CONFORMING AMENDMENTS RELATED TO APPLICATION OF
PHASEOUT PERCENTAGE.—
(1) Section 45(b)(5)(D) is amended by striking ‘‘January
1, 2021’’ and inserting ‘‘January 1, 2022’’.
(2) Section 48(a)(5)(E)(iv) is amended by striking ‘‘January
1, 2021’’ and inserting ‘‘January 1, 2022’’.
(d) EFFECTIVE DATE.—The amendments made by this section
shall take effect on January 1, 2021.

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SEC. 132. EXTENSION AND PHASEOUT OF ENERGY CREDIT.

(a) EXTENSIONS.—Section 48 is amended—
(1) in subsection (a)—
(A) in paragraph (2)(A)(i)(II), by striking ‘‘January 1,
2022’’ and inserting ‘‘January 1, 2024’’, and
(B) in paragraph (3)(A)—
(i) in clause (ii), by striking ‘‘January 1, 2022’’
and inserting ‘‘January 1, 2024’’, and
(ii) in clause (vii), by striking ‘‘January 1, 2022’’
and inserting ‘‘January 1, 2024’’, and
(2) in subsection (c)—
(A) in paragraph (1)(D), by striking ‘‘January 1, 2022’’
and inserting ‘‘January 1, 2024’’,
(B) in paragraph (2)(D), by striking ‘‘January 1, 2022’’
and inserting ‘‘January 1, 2024’’,
(C) in paragraph (3)(A)(iv), by striking ‘‘January 1,
2022’’ and inserting ‘‘January 1, 2024’’, and
(D) in paragraph (4)(C), by striking ‘‘January 1, 2022’’
and inserting ‘‘January 1, 2024’’.
(b) PHASEOUTS.—
(1) SOLAR ENERGY PROPERTY.—Section 48(a)(6) is
amended—
(A) in subparagraph (A)—
(i) by striking ‘‘January 1, 2022, the energy
percentage’’ and inserting ‘‘January 1, 2024, the energy
percentage’’,
(ii) in clause (i), by striking ‘‘January 1, 2021’’
and inserting ‘‘January 1, 2023’’, and

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 3053

(iii) in clause (ii), by striking ‘‘after December 31,
2020, and before January 1, 2022’’ and inserting ‘‘after
December 31, 2022, and before January 1, 2024’’, and
(B) in subparagraph (B), by striking ‘‘begins before
January 1, 2022, and which is not placed in service before
January 1, 2024’’ and inserting ‘‘begins before January
1, 2024, and which is not placed in service before January
1, 2026’’.
(2) FIBER-OPTIC SOLAR, QUALIFIED FUEL CELL, AND QUALIFIED SMALL WIND ENERGY PROPERTY.—Section 48(a)(7) is
amended—
(A) in subparagraph (A)—
(i) in clause (i), by striking ‘‘January 1, 2021’’
and inserting ‘‘January 1, 2023’’, and
(ii) in clause (ii), by striking ‘‘after December 31,
2020, and before January 1, 2022’’ and inserting ‘‘after
December 31, 2022, and before January 1, 2024’’, and
(B) in subparagraph (B), by striking ‘‘January 1, 2024’’
and inserting ‘‘January 1, 2026’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect on January 1, 2020.

26 USC 48.

26 USC 48 note.

SEC. 133. TREATMENT OF MORTGAGE INSURANCE PREMIUMS AS
QUALIFIED RESIDENCE INTEREST.

(a) IN GENERAL.—Section 163(h)(3)(E)(iv)(I) is amended by
striking ‘‘December 31, 2020’’ and inserting ‘‘December 31, 2021’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to amounts paid or accrued after December 31, 2020.

26 USC 163 note.

SEC. 134. CREDIT FOR HEALTH INSURANCE COSTS OF ELIGIBLE
INDIVIDUALS.

(a) IN GENERAL.—Section 35(b)(1)(B) is amended by striking
‘‘January 1, 2021’’ and inserting ‘‘January 1, 2022’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to months beginning after December 31, 2020.

26 USC 35 note.

SEC. 135. INDIAN EMPLOYMENT CREDIT.

(a) IN GENERAL.—Section 45A(f) is amended by striking
‘‘December 31, 2020’’ and inserting ‘‘December 31, 2021’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to taxable years beginning after December 31, 2020.

26 USC 45A note.

SEC. 136. MINE RESCUE TEAM TRAINING CREDIT.

(a) IN GENERAL.—Section 45N(e) is amended by striking
‘‘December 31, 2020’’ and inserting ‘‘December 31, 2021’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to taxable years beginning after December 31, 2020.

26 USC 45N
note.

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SEC. 137. CLASSIFICATION OF CERTAIN RACE HORSES AS 3-YEAR
PROPERTY.

(a) IN GENERAL.—Section 168(e)(3)(A)(i) is amended—
(1) by striking ‘‘January 1, 2021’’ in subclause (I) and
inserting ‘‘January 1, 2022’’, and
(2) by striking ‘‘December 31, 2020’’ in subclause (II) and
inserting ‘‘December 31, 2021’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply to property placed in service after December 31, 2020.

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134 STAT. 3054

PUBLIC LAW 116–260—DEC. 27, 2020

SEC. 138. ACCELERATED DEPRECIATION FOR BUSINESS PROPERTY
ON INDIAN RESERVATIONS.
26 USC 168.
26 USC 168 note.

(a) IN GENERAL.—Section 168(j)(9) is amended by striking
‘‘December 31, 2020’’ and inserting ‘‘December 31, 2021’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to property placed in service after December 31, 2020.
SEC. 139. AMERICAN SAMOA ECONOMIC DEVELOPMENT CREDIT.

26 USC 30A note.

26 USC 30A note.

(a) IN GENERAL.—Section 119(d) of division A of the Tax Relief
and Health Care Act of 2006 is amended—
(1) by striking ‘‘January 1, 2021’’ each place it appears
and inserting ‘‘January 1, 2022’’,
(2) by striking ‘‘first 15 taxable years’’ in paragraph (1)
and inserting ‘‘first 16 taxable years’’, and
(3) by striking ‘‘first 9 taxable years’’ in paragraph (2)
and inserting ‘‘first 10 taxable years’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2020.
SEC. 140. SECOND GENERATION BIOFUEL PRODUCER CREDIT.

26 USC 40 note.

(a) IN GENERAL.—Section 40(b)(6)(J)(i) is amended by striking
‘‘January 1, 2021’’ and inserting ‘‘January 1, 2022’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to qualified second generation biofuel production after
December 31, 2020.
SEC. 141. NONBUSINESS ENERGY PROPERTY.

26 USC 25C note.

(a) IN GENERAL.—Section 25C(g)(2) is amended by striking
‘‘December 31, 2020’’ and inserting ‘‘December 31, 2021’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to property placed in service after December 31, 2020.
SEC. 142. QUALIFIED FUEL CELL MOTOR VEHICLES.

26 USC 30B note.

(a) IN GENERAL.—Section 30B(k)(1) is amended by striking
‘‘December 31, 2020’’ and inserting ‘‘December 31, 2021’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to property purchased after December 31, 2020.
SEC. 143. ALTERNATIVE FUEL REFUELING PROPERTY CREDIT.

26 USC 30C note.

(a) IN GENERAL.—Section 30C(g) is amended by striking
‘‘December 31, 2020’’ and inserting ‘‘December 31, 2021’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to property placed in service after December 31, 2020.
SEC. 144. 2-WHEELED PLUG-IN ELECTRIC VEHICLE CREDIT.

(a) IN GENERAL.—Section 30D(g)(3)(E)(ii) is amended by
striking ‘‘January 1, 2021’’ and inserting ‘‘January 1, 2022’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to vehicles acquired after December 31, 2020.

26 USC 30D
note.

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SEC. 145. PRODUCTION CREDIT FOR INDIAN COAL FACILITIES.

26 USC 45 note.

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(a) IN GENERAL.—Section 45(e)(10)(A) is amended by striking
‘‘15-year period’’ each place it appears and inserting ‘‘16-year
period’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply to coal produced after December 31, 2020.

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PUBLIC LAW 116–260—DEC. 27, 2020

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SEC. 146. ENERGY EFFICIENT HOMES CREDIT.

(a) IN GENERAL.—Section 45L(g) is amended by striking
‘‘December 31, 2020’’ and inserting ‘‘December 31, 2021’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to homes acquired after December 31, 2020.

26 USC 45L.
26 USC 45L note.

SEC. 147. EXTENSION OF EXCISE TAX CREDITS RELATING TO ALTERNATIVE FUELS.

(a) IN GENERAL.—Sections 6426(d)(5) and 6426(e)(3) are each
amended by striking ‘‘December 31, 2020’’ and inserting ‘‘December
31, 2021’’.
(b) OUTLAY PAYMENTS FOR ALTERNATIVE FUELS.—Section
6427(e)(6)(C) is amended by striking ‘‘December 31, 2020’’ and
inserting ‘‘December 31, 2021’’.
(c) EFFECTIVE DATE.—The amendments made by this subsection
shall apply to fuel sold or used after December 31, 2020.

26 USC 6426
note.

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SEC. 148. EXTENSION OF RESIDENTIAL ENERGY-EFFICIENT PROPERTY
CREDIT AND INCLUSION OF BIOMASS FUEL PROPERTY
EXPENDITURES.

(a) EXTENSION.—
(1) IN GENERAL.—Section 25D(h) is amended by striking
‘‘December 31, 2021’’ and inserting ‘‘December 31, 2023’’.
(2) PHASEDOWN.—Section 25D(g) is amended—
(A) by striking ‘‘January 1, 2021’’ in paragraph (2)
and inserting ‘‘January 1, 2023’’, and
(B) by striking ‘‘after December 31, 2020, and before
January 1, 2022’’ in paragraph (3) and inserting ‘‘after
December 31, 2022, and before January 1, 2024’’.
(b) QUALIFIED BIOMASS FUEL PROPERTY EXPENDITURES.—
(1) IN GENERAL.—Section 25D(a) is amended by striking
‘‘and’’ at the end of paragraph (4), by inserting ‘‘and’’ at the
end of paragraph (5), and by inserting after paragraph (5)
the following new paragraph:
‘‘(6) the qualified biomass fuel property expenditures, and’’.
(2) QUALIFIED BIOMASS FUEL PROPERTY EXPENDITURES
DEFINED.—Section 25D(d) is amended by adding at the end
the following new paragraph:
‘‘(6) QUALIFIED BIOMASS FUEL PROPERTY EXPENDITURE.—
‘‘(A) IN GENERAL.—The term ‘qualified biomass fuel
property expenditure’ means an expenditure for property—
‘‘(i) which uses the burning of biomass fuel to
heat a dwelling unit located in the United States and
used as a residence by the taxpayer, or to heat water
for use in such a dwelling unit, and
‘‘(ii) which has a thermal efficiency rating of at
least 75 percent (measured by the higher heating value
of the fuel).
‘‘(B) BIOMASS FUEL.—For purposes of this section, the
term ‘biomass fuel’ means any plant-derived fuel available
on a renewable or recurring basis.’’.
(3) DENIAL OF DOUBLE BENEFIT FOR BIOMASS STOVES.—
(A) IN GENERAL.—Section 25C(d)(3) is amended by
adding ‘‘and’’ at the end of subparagraph (C), by striking
‘‘, and’’ at the end of subparagraph (D) and inserting a
period, and by striking subparagraph (E).

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134 STAT. 3056

PUBLIC LAW 116–260—DEC. 27, 2020
(B) CONFORMING AMENDMENT.—Section 25C(d) is
amended by striking paragraph (6).
(c) EFFECTIVE DATE.—
(1) EXTENSION.—The amendments made by subsection (a)
shall apply to property placed in service after December 31,
2020.
(2) QUALIFIED BIOMASS FUEL PROPERTY EXPENDITURES.—
The amendments made by subsection (b) shall apply to expenditures paid or incurred in taxable years beginning after
December 31, 2020.

26 USC 35C.

26 USC 25D
note.
26 USC 25C note.

SEC. 149. BLACK LUNG DISABILITY TRUST FUND EXCISE TAX.

(a) IN GENERAL.—Section 4121(e)(2)(A) is amended by striking
‘‘December 31, 2020’’ and inserting ‘‘December 31, 2021’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to sales after December 31, 2020.

26 USC 4121
note.

TITLE II—OTHER PROVISIONS
SEC. 201. MINIMUM LOW-INCOME HOUSING TAX CREDIT RATE.

Applicability.
26 USC 42 note.

(a) IN GENERAL.—Subsection (b) of section 42 is amended—
(1) by redesignating paragraph (3) as paragraph (4), and
(2) by inserting after paragraph (2) the following new paragraph:
‘‘(3) MINIMUM CREDIT RATE.—In the case of any new or
existing building to which paragraph (2) does not apply and
which is placed in service by the taxpayer after December
31, 2020, the applicable percentage shall not be less than
4 percent.’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply to—
(1) any building which receives an allocation of housing
credit dollar amount after December 31, 2020, and
(2) in the case of any building any portion of which is
financed with an obligation described in section 42(h)(4)(A),
any such building if any such obligation which so finances
such building is issued after December 31, 2020.
SEC. 202. DEPRECIATION OF CERTAIN RESIDENTIAL RENTAL PROPERTY OVER 30-YEAR PERIOD.

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26 USC 168 note.

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Section 13204(b) of Public Law 115–97 is amended—
(1) in paragraph (1), by striking ‘‘paragraph (2)’’ and
inserting ‘‘paragraphs (2) and (3)’’, and
(2) by adding at the end the following:
‘‘(3) CERTAIN RESIDENTIAL RENTAL PROPERTY.—In the case
of any residential rental property—
‘‘(A) which was placed in service before January 1,
2018,
‘‘(B) which is held by an electing real property trade
or business (as defined in section 163(j)(7)(B) of the Internal
Revenue Code of 1986), and
‘‘(C) for which subparagraph (A), (B), (C), (D), or (E)
of section 168(g)(1) of the Internal Revenue Code of 1986
did not apply prior to such date,
the amendments made by subsection (a)(3)(C) shall apply to
taxable years beginning after December 31, 2017.’’.

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134 STAT. 3057

SEC. 203. WASTE ENERGY RECOVERY PROPERTY ELIGIBLE FOR
ENERGY CREDIT.

(a) IN GENERAL.—Section 48(a)(3)(A) is amended by striking
‘‘or’’ at the end of clause (vi), by inserting ‘‘or’’ at the end of
clause (vii), and by adding at the end the following new clause:
‘‘(viii) waste energy recovery property,’’.
(b) APPLICATION OF 30 PERCENT CREDIT.—Section 48(a)(2)(A)(i)
is amended by striking ‘‘and’’ at the end of subclause (III) and
by adding at the end the following new subclause:
‘‘(V) waste energy recovery property, and’’.
(c) APPLICATION OF PHASEOUT.—Section 48(a)(7) is amended—
(1) by inserting ‘‘waste energy recovery property,’’ after
‘‘qualified small wind property,’’, and
(2) by striking ‘‘FIBER-OPTIC SOLAR, QUALIFIED FUEL CELL,
AND QUALIFIED SMALL WIND’’ in the heading thereof and
inserting ‘‘CERTAIN OTHER’’.
(d) DEFINITION.—Section 48(c) is amended by adding at the
end the following new paragraphs:
‘‘(5) WASTE ENERGY RECOVERY PROPERTY.—
‘‘(A) IN GENERAL.—The term ‘waste energy recovery
property’ means property that generates electricity solely
from heat from buildings or equipment if the primary purpose of such building or equipment is not the generation
of electricity.
‘‘(B) CAPACITY LIMITATION.—The term ‘waste energy
recovery property’ shall not include any property which
has a capacity in excess of 50 megawatts.
‘‘(C) NO DOUBLE BENEFIT.—Any waste energy recovery
property (determined without regard to this subparagraph)
which is part of a system which is a combined heat and
power system property shall not be treated as waste energy
recovery property for purposes of this section unless the
taxpayer elects to not treat such system as a combined
heat and power system property for purposes of this section.
‘‘(D) TERMINATION.—The term ‘waste energy recovery
property’ shall not include any property the construction
of which does not begin before January 1, 2024.’’.
(e) EFFECTIVE DATE.—The amendments made by this section
shall apply to periods after December 31, 2020, under rules similar
to the rules of section 48(m) as in effect on the day before the
date of the enactment of the Revenue Reconciliation Act of 1990.

26 USC 48.

Applicability.
26 USC 48 note.

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SEC. 204. EXTENSION OF ENERGY CREDIT FOR OFFSHORE WIND
FACILITIES.

(a) IN GENERAL.—Section 48(a)(5) is amended by adding at
the end the following new subparagraph:
‘‘(F) QUALIFIED OFFSHORE WIND FACILITIES.—
‘‘(i) IN GENERAL.—In the case of any qualified offshore wind facility—
‘‘(I) subparagraph (C)(ii) shall be applied by
substituting ‘January 1, 2026’ for ‘January 1, 2022’,
‘‘(II) subparagraph (E) shall not apply, and
‘‘(III) for purposes of this paragraph, section
45(d)(1) shall be applied by substituting ‘January
1, 2026’’ for ‘January 1, 2022’.

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134 STAT. 3058

26 USC 48 note.

PUBLIC LAW 116–260—DEC. 27, 2020

‘‘(ii) QUALIFIED OFFSHORE WIND FACILITY.—For
purposes of this subparagraph, the term ‘qualified offshore wind facility’ means a qualified facility (within
the meaning of section 45) described in paragraph (1)
of section 45(d) (determined without regard to any
date by which the construction of the facility is
required to begin) which is located in the inland navigable waters of the United States or in the coastal
waters of the United States.’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to periods after December 31, 2016, under rules similar
to the rules of section 48(m) of the Internal Revenue Code of
1986 (as in effect on the day before the date of the enactment
of the Revenue Reconciliation Act of 1990).
SEC. 205. MINIMUM RATE OF INTEREST FOR CERTAIN DETERMINATIONS RELATED TO LIFE INSURANCE CONTRACTS.

26 USC 7702.

Definition.

Definition.

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Definitions.

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(a) MODIFICATION OF MINIMUM RATE FOR PURPOSES OF CASH
VALUE ACCUMULATION TEST.—
(1) IN GENERAL.—Section 7702(b)(2)(A) is amended by
striking ‘‘an annual effective rate of 4 percent’’ and inserting
‘‘the applicable accumulation test minimum rate’’.
(2) APPLICABLE ACCUMULATION TEST MINIMUM RATE.—Section 7702(b) is amended by adding at the end the following
new paragraph:
‘‘(3) APPLICABLE ACCUMULATION TEST MINIMUM RATE.—For
purposes of paragraph (2)(A), the term ‘applicable accumulation
test minimum rate’ means the lesser of—
‘‘(A) an annual effective rate of 4 percent, or
‘‘(B) the insurance interest rate (as defined in subsection (f)(11)) in effect at the time the contract is issued.’’.
(b) MODIFICATION OF MINIMUM RATE FOR PURPOSES OF GUIDELINE PREMIUM REQUIREMENTS.—
(1) IN GENERAL.—Section 7702(c)(3)(B)(iii) is amended by
striking ‘‘an annual effective rate of 6 percent’’ and inserting
‘‘the applicable guideline premium minimum rate’’.
(2) APPLICABLE GUIDELINE PREMIUM MINIMUM RATE.—Section 7702(c)(3) is amended by adding at the end the following
new subparagraph:
‘‘(E) APPLICABLE GUIDELINE PREMIUM MINIMUM RATE.—
For purposes of subparagraph (B)(iii), the term ‘applicable
guideline premium minimum rate’ means the applicable
accumulation test minimum rate (as defined in subsection
(b)(3)) plus 2 percentage points.’’.
(c) APPLICATION OF MODIFIED MINIMUM RATES TO DETERMINATION OF GUIDELINE LEVEL PREMIUM.—Section 7702(c)(4) is
amended—
(1) by striking ‘‘4 percent’’ and inserting ‘‘the applicable
accumulation test minimum rate’’, and
(2) by striking ‘‘6 percent’’ and inserting ‘‘the applicable
guideline premium minimum rate’’.
(d) INSURANCE INTEREST RATE.—Section 7702(f) is amended
by adding at the end the following new paragraph:
‘‘(11) INSURANCE INTEREST RATE.—For purposes of this section—

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 3059

‘‘(A) IN GENERAL.—The term ‘insurance interest rate’
means, with respect to any contract issued in any calendar
year, the lesser of—
‘‘(i) the section 7702 valuation interest rate for
such calendar year (or, if such calendar year is not
an adjustment year, the most recent adjustment year),
or
‘‘(ii) the section 7702 applicable Federal interest
rate for such calendar year (or, if such calendar year
is not an adjustment year, the most recent adjustment
year).
‘‘(B) SECTION 7702 VALUATION INTEREST RATE.—The
term ‘section 7702 valuation interest rate’ means, with
respect to any adjustment year, the prescribed U.S. valuation interest rate for life insurance with guaranteed durations of more than 20 years (as defined in the National
Association of Insurance Commissioners’ Standard Valuation Law) as effective in the calendar year immediately
preceding such adjustment year.
‘‘(C) SECTION 7702 APPLICABLE FEDERAL INTEREST
RATE.—The term ‘section 7702 applicable Federal interest
rate’ means, with respect to any adjustment year, the average (rounded to the nearest whole percentage point) of
the applicable Federal mid-term rates (as defined in section
1274(d) but based on annual compounding) effective as
of the beginning of each of the calendar months in the
most recent 60-month period ending before the second calendar year prior to such adjustment year.
‘‘(D) ADJUSTMENT YEAR.—The term ‘adjustment year’
means the calendar year following any calendar year that
includes the effective date of a change in the prescribed
U.S. valuation interest rate for life insurance with guaranteed durations of more than 20 years (as defined in the
National Association of Insurance Commissioners’ Standard
Valuation Law).
‘‘(E) TRANSITION RULE.—Notwithstanding subparagraph (A), the insurance interest rate shall be 2 percent
in the case of any contract which is issued during the
period that—
‘‘(i) begins on January 1, 2021, and
‘‘(ii) ends immediately before the beginning of the
first adjustment year that beings after December 31,
2021.’’.
(e) EFFECTIVE DATE.—The amendments made by this section
shall apply to contracts issued after December 31, 2020.

Time period.

Effective dates.

Termination
date.
26 USC 7702
note.

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SEC. 206. CLARIFICATIONS AND TECHNICAL IMPROVEMENTS TO
CARES ACT EMPLOYEE RETENTION CREDIT.

(a) GROSS RECEIPTS OF TAX-EXEMPT ORGANIZATIONS.—Section
2301(c)(2)(C) of the CARES Act is amended—
(1) by striking ‘‘of such Code, clauses (i) and (ii)(I)’’ and
inserting ‘‘of such Code—
‘‘(i) clauses (i) and (ii)(I)’’,
(2) by striking the period at the end and inserting ‘‘, and’’,
and
(3) by adding at the end the following new clause:

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PUBL260B

134 STAT. 3060

15 USC 636m.

Ante, p. 350.

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Consultation.

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PUBLIC LAW 116–260—DEC. 27, 2020

‘‘(ii) any reference in this section to gross receipts
shall be treated as a reference to gross receipts within
the meaning of section 6033 of such Code.’’.
(b) MODIFICATION OF TREATMENT OF HEALTH PLAN EXPENSES.—
Section 2301(c) of the CARES Act is amended—
(1) by striking subparagraph (C) of paragraph (3), and
(2) in paragraph (5)—
(A) by striking ‘‘The term’’ and inserting the following:
‘‘(A) IN GENERAL.—The term’’, and
(B) by adding at the end the following new subparagraph:
‘‘(B) ALLOWANCE FOR CERTAIN HEALTH PLAN
EXPENSES.—
‘‘(i) IN GENERAL.—Such term shall include amounts
paid by the eligible employer to provide and maintain
a group health plan (as defined in section 5000(b)(1)
of the Internal Revenue Code of 1986), but only to
the extent that such amounts are excluded from the
gross income of employees by reason of section 106(a)
of such Code.
‘‘(ii) ALLOCATION RULES.—For purposes of this section, amounts treated as wages under clause (i) shall
be treated as paid with respect to any employee (and
with respect to any period) to the extent that such
amounts are properly allocable to such employee (and
to such period) in such manner as the Secretary may
prescribe. Except as otherwise provided by the Secretary, such allocation shall be treated as properly
made if made on the basis of being pro rata among
periods of coverage.’’.
(c) IMPROVED COORDINATION BETWEEN PAYCHECK PROTECTION
PROGRAM AND EMPLOYEE RETENTION TAX CREDIT.—
(1) AMENDMENT TO PAYCHECK PROTECTION PROGRAM.—Section 7A(a)(12) of the Small Business Act, as redesignated, transferred, and amended by the Economic Aid to Hard-Hit Small
Businesses, Nonprofits, and Venues Act, is amended by adding
at the end the following: ‘‘Such payroll costs shall not include
qualified wages taken into account in determining the credit
allowed under section 2301 of the CARES Act or qualified
wages taken into account in determining the credit allowed
under subsection (a) or (d) of section 303 of the Taxpayer
Certainty and Disaster Relief Act of 2020.’’.
(2) AMENDMENTS TO EMPLOYEE RETENTION TAX CREDIT.—
(A) IN GENERAL.—Section 2301(g) of the CARES Act
is amended to read as follows:
‘‘(g) ELECTION TO NOT TAKE CERTAIN WAGES INTO ACCOUNT.—
‘‘(1) IN GENERAL.—This section shall not apply to so much
of the qualified wages paid by an eligible employer as such
employer elects (at such time and in such manner as the
Secretary may prescribe) to not take into account for purposes
of this section.
‘‘(2) COORDINATION WITH PAYCHECK PROTECTION PROGRAM.—The Secretary, in consultation with the Administrator
of the Small Business Administration, shall issue guidance
providing that payroll costs paid during the covered period
shall not fail to be treated as qualified wages under this section
by reason of an election under paragraph (1) to the extent

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 3061

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that a covered loan of the eligible employer is not forgiven
by reason of a decision under section 7A(g) of the Small Business Act. Terms used in the preceding sentence which are
also used in section 7A of the Small Business Act shall have
the same meaning as when used in such section.’’.
(B) CONFORMING AMENDMENTS.—
(i) Section 2301 of the CARES Act is amended
by striking subsection (j).
(ii) Section 2301(l) of the CARES Act is amended
by striking paragraph (3) and by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively.
(d) REGULATIONS AND GUIDANCE.—Section 2301(l) of the
CARES Act, as amended by subsection (c)(2)(B)(ii), is amended
by striking ‘‘and’’ at the end of paragraph (3), by striking the
period at the end of paragraph (4) and inserting ‘‘, and’’, and
by adding at the end the following new paragraph:
‘‘(5) to prevent the avoidance of the purposes of the limitations under this section, including through the leaseback of
employees.’’.
(e) EFFECTIVE DATE.—
(1) IN GENERAL.—The amendments made by this section
shall take effect as if included in the provisions of the CARES
Act to which they relate.
(2) SPECIAL RULE.—
(A) IN GENERAL.—For purposes of section 2301 of the
CARES Act, an employer who has filed a return of tax
with respect to applicable employment taxes (as defined
in section 2301(c)(1) of division A of such Act) before the
date of the enactment of this Act may elect (in such manner
as the Secretary of the Treasury (or the Secretary’s delegate) shall prescribe) to treat any applicable amount as
an amount paid in the calendar quarter which includes
the date of the enactment of this Act.
(B) APPLICABLE AMOUNT.—For purposes of subparagraph (A), the term ‘‘applicable amount’’ means the amount
of wages which—
(i) are—
(I) described in section 2301(c)(5)(B) of the
CARES Act, as added by the amendments made
by subsection (b), or
(II) permitted to be treated as qualified wages
under guidance issued pursuant to section
2301(g)(2) of the CARES Act (as added by subsection (c)), and
(ii) were—
(I) paid in a calendar quarter beginning after
December 31, 2019, and before October 1, 2020,
and
(II) not taken into account by the taxpayer
in calculating the credit allowed under section
2301(a) of division A of such Act for such calendar
quarter.

Ante, p. 350.
Ante, p. 350.

26 USC 3111
note.

Definition.

Time period.

SEC. 207. EXTENSION AND MODIFICATION OF EMPLOYEE RETENTION
AND REHIRING TAX CREDIT.

(a) EXTENSION.—

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134 STAT. 3062
Ante, p. 351.

Ante, p. 348.

Ante, p. 347.

Ante, p. 347.

Applicability.

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Applicability.

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PUBLIC LAW 116–260—DEC. 27, 2020

(1) IN GENERAL.—Section 2301(m) of the CARES Act is
amended by striking ‘‘January 1, 2021’’ and inserting ‘‘July
1, 2021’’.
(2) CONFORMING AMENDMENT.—Section 2301(c)(2)(A)(i) of
the CARES Act is amended by striking ‘‘during calendar year
2020’’ and inserting ‘‘during the calendar quarter for which
the credit is determined under subsection (a)’’.
(b) INCREASE IN CREDIT PERCENTAGE.—Section 2301(a) of the
CARES Act is amended by striking ‘‘50 percent’’ and inserting
‘‘70 percent’’.
(c) INCREASE IN PER EMPLOYEE LIMITATION.—Section 2301(b)(1)
of the CARES Act is amended by striking ‘‘for all calendar quarters
shall not exceed $10,000’’ and inserting ‘‘for any calendar quarter
shall not exceed $10,000’’.
(d) MODIFICATIONS TO DEFINITION OF ELIGIBLE EMPLOYER.—
(1) DECREASE IN REDUCTION IN GROSS RECEIPTS NECESSARY
TO QUALIFY AS ELIGIBLE EMPLOYER.—
(A) IN GENERAL.—Section 2301(c)(2)(A)(ii)(II) of the
CARES Act is amended to read as follows:
‘‘(II) the gross receipts (within the meaning
of section 448(c) of the Internal Revenue Code
of 1986) of such employer for such calendar quarter
are less than 80 percent of the gross receipts of
such employer for the same calendar quarter in
calendar year 2019.’’.
(B) APPLICATION TO EMPLOYERS NOT IN EXISTENCE IN
2019.—Section 2301(c)(2)(A) of the CARES Act, as amended
by subparagraph (A), is amended by adding at the end
the following new flush sentence:
‘‘With respect to any employer for any calendar quarter, if such
employer was not in existence as of the beginning of the same
calendar quarter in calendar year 2019, clause (ii)(II) shall be
applied by substituting ‘2020’ for ‘2019’.’’.
(2) ELECTION TO DETERMINE GROSS RECEIPTS TEST BASED
ON PRIOR QUARTER.—
(A) IN GENERAL.—Subparagraph (B) of section
2301(c)(2) of the CARES Act is amended to read as follows:
‘‘(B) ELECTION TO USE ALTERNATIVE QUARTER.—At the
election of the employer—
‘‘(i) subparagraph (A)(ii)(II) shall be applied—
‘‘(I) by substituting ‘for the immediately preceding calendar quarter’ for ‘for such calendar
quarter’, and
‘‘(II) by substituting ‘the corresponding calendar quarter in calendar year 2019’ for ‘the same
calendar quarter in calendar year 2019’, and
‘‘(ii) the last sentence of subparagraph (A) shall
be applied by substituting ‘the corresponding calendar
quarter in calendar year 2019’ for ‘the same calendar
quarter in calendar year 2019’.
An election under this subparagraph shall be made at
such time and in such manner as the Secretary shall prescribe.’’.
(B) CONFORMING AMENDMENT.—Section 2301(l) of the
CARES Act, as amended by section 206, is amended by
inserting ‘‘and’’ at the end of paragraph (3), by striking

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 3063

paragraph (4), and by redesignating paragraph (5) as paragraph (4).
(3) APPLICATION TO CERTAIN GOVERNMENTAL EMPLOYERS.—
(A) IN GENERAL.—Section 2301(f) of the CARES Act
is amended—
(i) by striking ‘‘This’’ and inserting the following:
‘‘(1) IN GENERAL.—This’’, and
(ii) by adding at the end the following new paragraph:
‘‘(2) EXCEPTION.—Paragraph (1) shall not apply to—
‘‘(A) any organization described in section 501(c)(1) of
the Internal Revenue Code of 1986 and exempt from tax
under section 501(a) of such Code, or
‘‘(B) any entity described in paragraph (1) if —
‘‘(i) such entity is a college or university, or
‘‘(ii) the principal purpose or function of such entity
is providing medical or hospital care.
In the case of any entity described in subparagraph (B),
such entity shall be treated as satisfying the requirements
of subsection (c)(2)(A)(i).’’.
(B) CONFORMING AMENDMENT.—Section 2301(c)(5)(A) of
the CARES Act, as amended by section 206(b)(2), is
amended by adding at the end the following new sentence:
‘‘For purposes of the preceding sentence, in the case of
any organization or entity described in subsection (f)(2),
wages as defined in section 3121(a) of the Internal Revenue
Code of 1986 shall be determined without regard to paragraphs (5), (6), (7), (10), and (13) of section 3121(b) of
such Code (except with respect to services performed in
a penal institution by an inmate thereof).’’.
(e) MODIFICATION OF DETERMINATION OF QUALIFIED WAGES.—
(1) MODIFICATION OF THRESHOLD FOR TREATMENT AS A
LARGE EMPLOYER.—Section 2301(c)(3)(A) of the CARES Act is
amended by striking ‘‘100’’ each place it appears in clauses
(i) and (ii) and inserting ‘‘500’’.
(2) ELIMINATION OF LIMITATION.—Section 2301(c)(3) of the
CARES Act is amended—
(A) by striking subparagraph (B), and
(B) by striking ‘‘Such term’’ in the second sentence
of subparagraph (A) and inserting the following:
‘‘(B) EXCEPTION.—The term ‘qualified wages’ ’’.
(f) DENIAL OF DOUBLE BENEFIT.—Section 2301(h) of the CARES
Act is amended—
(1) by striking paragraphs (1) and (2) and inserting the
following:
‘‘(1) DENIAL OF DOUBLE BENEFIT.—Any wages taken into
account in determining the credit allowed under this section
shall not be taken into account as wages for purposes of sections
41, 45A, 45P, 45S, 51, and 1396 of the Internal Revenue Code
of 1986.’’.
(2) by redesignating paragraph (3) as paragraph (2).
(g) ADVANCE PAYMENTS.—
(1) IN GENERAL.—Section 2301 of the CARES Act, as
amended by section 206(c)(2)(B)(i), is amended by inserting
after subsection (i) the following new subsection:
‘‘(j) ADVANCE PAYMENTS.—

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Ante, p. 349.

Determination.

Ante, p. 348.

Ante, p. 350.

PUBL260B

134 STAT. 3064

Regulations.

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Requirement.

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PUBLIC LAW 116–260—DEC. 27, 2020

‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
no advance payment of the credit under subsection (a) shall
be allowed.
‘‘(2) ADVANCE PAYMENTS TO SMALL EMPLOYERS.—
‘‘(A) IN GENERAL.—Under rules provided by the Secretary, an eligible employer for which the average number
of full-time employees (within the meaning of section 4980H
of the Internal Revenue Code of 1986) employed by such
eligible employer during 2019 was not greater than 500
may elect for any calendar quarter to receive an advance
payment of the credit under subsection (a) for such quarter
in an amount not to exceed 70 percent of the average
quarterly wages paid by the employer in calendar year
2019.
‘‘(B) SPECIAL RULE FOR SEASONAL EMPLOYERS.—In the
case of any employer who employs seasonal workers (as
defined in section 45R(d)(5)(B) of the Internal Revenue
Code of 1986), the employer may elect to substitute ‘the
wages for the calendar quarter in 2019 which corresponds
to the calendar quarter to which the election relates’ for
‘the average quarterly wages paid by the employer in calendar year 2019’.
‘‘(C) SPECIAL RULE FOR EMPLOYERS NOT IN EXISTENCE
IN 2019.—In the case of any employer that was not in
existence in 2019, subparagraphs (A) and (B) shall each
be applied by substituting ‘2020’ for ‘2019’ each place it
appears.
‘‘(3) RECONCILIATION OF CREDIT WITH ADVANCE PAYMENTS.—
‘‘(A) IN GENERAL.—The amount of credit which would
(but for this subsection) be allowed under this section shall
be reduced (but not below zero) by the aggregate payment
allowed to the taxpayer under paragraph (2). Any failure
to so reduce the credit shall be treated as arising out
of a mathematical or clerical error and assessed according
to section 6213(b)(1) of the Internal Revenue Code of 1986.
‘‘(B) EXCESS ADVANCE PAYMENTS.—If the advance payments to a taxpayer under paragraph (2) for a calendar
quarter exceed the credit allowed by this section (determined without regard to subparagraph (A)), the tax
imposed by chapter 21 or 22 of the Internal Revenue Code
of 1986 (whichever is applicable) for the calendar quarter
shall be increased by the amount of such excess.’’.
(2) CONFORMING AMENDMENTS.—Section 2301(l) of the
CARES Act, as amended by section 206 and subsection (d)(2)(B),
is amended—
(A) by inserting ‘‘as provided in subsection (j)(2)’’ after
‘‘subsection (a)’’ in paragraph (1),
(B) by striking paragraph (2), and
(C) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively.
(h) THIRD-PARTY PAYORS.—Section 2301(l) of the CARES Act,
as amended by section 206 and subsections (d)(2)(B) and (g)(2),
is amended by adding at the end the following flush sentence:
‘‘Any forms, instructions, regulations, or guidance described in paragraph (2) shall require the customer to be responsible for the
accounting of the credit and for any liability for improperly claimed
credits and shall require the certified professional employer

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 3065

organization or other third party payor to accurately report such
tax credits based on the information provided by the customer.’’.
(i) PUBLIC AWARENESS CAMPAIGN.—Section 2301 of the CARES
Act is amended by adding at the end the following new subsection:
‘‘(n) PUBLIC AWARENESS CAMPAIGN.—
‘‘(1) IN GENERAL.—The Secretary shall conduct a public
awareness campaign, in coordination with the Administrator
of the Small Business Administration, to provide information
regarding the availability of the credit allowed under this section.
‘‘(2) OUTREACH.—Under the campaign conducted under
paragraph (1), the Secretary shall—
‘‘(A) provide to all employers which reported not more
than 500 employees on the most recently filed return of
applicable employment taxes a notice about the credit
allowed under this section and the requirements for eligibility to claim the credit, and
‘‘(B) not later than 30 days after the date of the enactment of this subsection, provide to all employers educational materials relating to the credit allowed under this
section, including specific materials for businesses with
not more than 500 employees.’’.
(j) COORDINATION WITH CERTAIN PAYROLL PROTECTION PROGRAM LOANS.—Section 2301(g)(2) of the CARES Act, as added by
section 206(c)(2)(A), is amended by striking ‘‘section 7A(g) of the
Small Business Act’’ and all that follows and inserting ‘‘section
7A(g) of the Small Business Act or the application of section
7(a)(37)(J) of the Small Business Act. Terms used in the preceding
sentence which are also used in section 7A(g) or 7(a)(37)(J) of
the Small Business Act shall, when applied in connection with
either such section, have the same meaning as when used in such
section, respectively.’’.
(k) EFFECTIVE DATE.—The amendments made by this section
shall apply to calendar quarters beginning after December 31, 2020.

Ante, p. 347.

Coordination.

Deadline.

26 USC 3111
note.

dkrause on LAP5T8D0R2PROD with PUBLAWS

SEC. 208. MINIMUM AGE FOR DISTRIBUTIONS DURING WORKING
RETIREMENT.

(a) IN GENERAL.—Paragraph (36) of section 401(a) is amended
to read as follows:
‘‘(36) DISTRIBUTIONS DURING WORKING RETIREMENT.—
‘‘(A) IN GENERAL.—A trust forming part of a pension
plan shall not be treated as failing to constitute a qualified
trust under this section solely because the plan provides
that a distribution may be made from such trust to an
employee who has attained age 591⁄2 and who is not separated from employment at the time of such distribution.
‘‘(B) CERTAIN EMPLOYEES IN THE BUILDING AND
CONSTRUCTION INDUSTRY.—Subparagraph (A) shall be
applied by substituting ‘age 55’ for ‘age 591⁄2’ in the case
of a multiemployer plan described in section 4203(b)(1)(B)(i)
of the Employee Retirement Income Security Act of 1974,
with respect to individuals who were participants in such
plan on or before April 30, 2013, if—
‘‘(i) the trust to which subparagraph (A) applies
was in existence before January 1, 1970, and
‘‘(ii) before December 31, 2011, at a time when
the plan provided that distributions may be made to

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26 USC 401.

Applicability.

Determination.

PUBL260B

134 STAT. 3066

26 USC 401 note.

Time period.
26 USC 411 note.

PUBLIC LAW 116–260—DEC. 27, 2020

an employee who has attained age 55 and who is
not separated from employment at the time of such
distribution, the plan received at least 1 written determination from the Internal Revenue Service that the
trust to which subparagraph (A) applies constituted
a qualified trust under this section.’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to distributions made before, on, or after the date
of the enactment of this Act.
SEC. 209. TEMPORARY RULE PREVENTING PARTIAL PLAN TERMINATION.

A plan shall not be treated as having a partial termination
(within the meaning of 411(d)(3) of the Internal Revenue Code
of 1986) during any plan year which includes the period beginning
on March 13, 2020, and ending on March 31, 2021, if the number
of active participants covered by the plan on March 31, 2021 is
at least 80 percent of the number of active participants covered
by the plan on March 13, 2020.
SEC. 210. TEMPORARY ALLOWANCE OF FULL DEDUCTION FOR BUSINESS MEALS.
26 USC 274.

26 USC 274 note.

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26 USC 32 note.

(a) IN GENERAL.—Section 274(n)(2) of the Internal Revenue
Code of 1986 is amended by striking ‘‘or’’ at the end of subparagraph
(B), by striking the period at the end of subparagraph (C)(iv) and
inserting ‘‘, or’’, and by inserting after subparagraph (C) the following new subparagraph:
‘‘(D) such expense is—
‘‘(i) for food or beverages provided by a restaurant,
and
‘‘(ii) paid or incurred before January 1, 2023.’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply to amounts paid or incurred after December 31, 2020.
SEC. 211. TEMPORARY SPECIAL RULE FOR DETERMINATION OF
EARNED INCOME.

(a) IN GENERAL.—If the earned income of the taxpayer for
the taxpayer’s first taxable year beginning in 2020 is less than
the earned income of the taxpayer for the preceding taxable year,
the credits allowed under sections 24(d) and 32 of the Internal
Revenue Code of 1986 may, at the election of the taxpayer, be
determined by substituting—
(1) such earned income for the preceding taxable year,
for
(2) such earned income for the taxpayer’s first taxable
year beginning in 2020.
(b) EARNED INCOME.—
(1) IN GENERAL.—For purposes of this section, the term
‘‘earned income’’ has the meaning given such term under section
32(c) of the Internal Revenue Code of 1986.
(2) APPLICATION TO JOINT RETURNS.—For purposes of subsection (a), in the case of a joint return, the earned income
of the taxpayer for the preceding taxable year shall be the
sum of the earned income of each spouse for such preceding
taxable year.
(c) SPECIAL RULES.—
(1) ERRORS TREATED AS MATHEMATICAL ERROR.—For purposes of section 6213 of the Internal Revenue Code of 1986,

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 3067

an incorrect use on a return of earned income pursuant to
subsection (a) shall be treated as a mathematical or clerical
error.
(2) NO EFFECT ON DETERMINATION OF GROSS INCOME, ETC.—
Except as otherwise provided in this section, the Internal Revenue Code of 1986 shall be applied without regard to any
substitution under subsection (a).

Applicability.

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SEC. 212. CERTAIN CHARITABLE CONTRIBUTIONS DEDUCTIBLE BY
NON-ITEMIZERS.

(a) IN GENERAL.—Section 170 is amended by redesignating
subsection (p) as subsection (q) and by inserting after subsection
(o) the following new subsection:
‘‘(p) SPECIAL RULE FOR TAXPAYERS WHO DO NOT ELECT TO
ITEMIZE DEDUCTIONS.—In the case of any taxable year beginning
in 2021, if the individual does not elect to itemize deductions
for such taxable year, the deduction under this section shall be
equal to the deduction, not in excess of $300 ( $600 in the case
of a joint return), which would be determined under this section
if the only charitable contributions taken into account in determining such deduction were contributions made in cash during
such taxable year (determined without regard to subsections
(b)(1)(G)(ii) and (d)(1)) to an organization described in section
170(b)(1)(A) and not—
‘‘(1) to an organization described in section 509(a)(3), or
‘‘(2) for the establishment of a new, or maintenance of
an existing, donor advised fund (as defined in section
4966(d)(2)).’’.
(b) PENALTY FOR UNDERPAYMENTS ATTRIBUTABLE TO OVERSTATED DEDUCTION.—
(1) IN GENERAL.—Section 6662(b) is amended by inserting
after paragraph (8) the following:
‘‘(9) Any overstatement of the deduction provided in section
170(p).’’.
(2) INCREASED PENALTY.—Section 6662 is amended by
adding at the end the following new subsection:
‘‘(l) INCREASE IN PENALTY IN CASE OF OVERSTATEMENT OF
QUALIFIED CHARITABLE CONTRIBUTIONS.—In the case of any portion
of an underpayment which is attributable to one or more overstatements of the deduction provided in section 170(p), subsection (a)
shall be applied with respect to such portion by substituting ‘50
percent’ for ‘20 percent’.’’.
(3) EXCEPTION TO APPROVAL OF ASSESSMENT.—Section
6751(b)(2)(A) is amended by striking ‘‘or 6655’’ and inserting
‘‘6655, or 6662 (but only with respect to an addition to tax
by reason of subsection (b)(9) thereof)’’.
(b) CONFORMING AMENDMENTS.—
(1) Section 63(b) is amended by striking ‘‘and’’ at the end
of paragraph (2), by striking the period at the end of paragraph
(3) and inserting ‘‘, and’’, and by adding at the end the following
new paragraph:
‘‘(4) the deduction provided in section 170(p).’’.
(2) Section 63(d) is amended by adding ‘‘and’’ at the end
of paragraph (1), by striking paragraphs (2) and (3), and by
inserting after paragraph (1) the following new paragraph:
‘‘(2) any deduction referred to in any paragraph of subsection (b).’’.

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26 USC 170.

Applicability.

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134 STAT. 3068
26 USC 62.

26 USC 62 note.

PUBLIC LAW 116–260—DEC. 27, 2020

(c) REPEAL OF SUPERSEDED PROVISIONS.—
(1) IN GENERAL.—Section 62(a) is amended by striking paragraph (22).
(2) CONFORMING AMENDMENT.—Section 62 is amended by
striking subsection (f).
(d) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2020.
SEC. 213. MODIFICATION OF LIMITATIONS ON CHARITABLE CONTRIBUTIONS.

Ante, p. 346.

Ante, p. 345.

26 USC 170 note.

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26 USC 125 note.

(a) IN GENERAL.—Subsections (a)(3)(A)(i) and (b) of section 2205
of the CARES Act are each amended by inserting ‘‘or 2021’’ after
‘‘2020’’.
(b) CONFORMING AMENDMENT.—The heading of section 2205
of the CARES Act is amended by striking ‘‘modification of limitations
on charitable contributions during 2020’’ and inserting ‘‘temporary modification of
limitations on charitable contributions’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to contributions made after December 31, 2020.
SEC. 214. TEMPORARY SPECIAL RULES FOR HEALTH AND DEPENDENT
CARE FLEXIBLE SPENDING ARRANGEMENTS.

(a) CARRYOVER FROM 2020 PLAN YEAR.—For plan years ending
in 2020, a plan that includes a health flexible spending arrangement
or dependent care flexible spending arrangement shall not fail
to be treated as a cafeteria plan under the Internal Revenue Code
of 1986 merely because such plan or arrangement permits participants to carry over (under rules similar to the rules applicable
to health flexible spending arrangements) any unused benefits or
contributions remaining in any such flexible spending arrangement
from such plan year to the plan year ending in 2021.
(b) CARRYOVER FROM 2021 PLAN YEAR.—For plan years ending
in 2021, a plan that includes a health flexible spending arrangement
or dependent care flexible spending arrangement shall not fail
to be treated as a cafeteria plan under the Internal Revenue Code
of 1986 merely because such plan or arrangement permits participants to carry over (under rules similar to the rules applicable
to health flexible spending arrangements) any unused benefits or
contributions remaining in any such flexible spending arrangement
from such plan year to the plan year ending in 2022.
(c) EXTENSION OF GRACE PERIODS, ETC.—
(1) IN GENERAL.—A plan that includes a health flexible
spending arrangement or dependent care flexible spending
arrangement shall not fail to be treated as a cafeteria plan
under the Internal Revenue Code of 1986 merely because such
plan or arrangement extends the grace period for a plan year
ending in 2020 or 2021 to 12 months after the end of such
plan year, with respect to unused benefits or contributions
remaining in a health flexible spending arrangement or a
dependent care flexible spending arrangement.
(2) POST-TERMINATION REIMBURSEMENTS FROM HEALTH
FSAs.—A plan that includes a health flexible spending arrangement shall not fail to be treated as a cafeteria plan under
the Internal Revenue Code of 1986 merely because such plan
or arrangement allows (under rules similar to the rules
applicable to dependent care flexible spending arrangements)
an employee who ceases participation in the plan during calendar year 2020 or 2021 to continue to receive reimbursements

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 3069

from unused benefits or contributions through the end of the
plan year in which such participation ceased (including any
grace period, taking into account any modification of a grace
period permitted under paragraph (1)).
(d) SPECIAL CARRY FORWARD RULE FOR DEPENDENT CARE
FLEXIBLE SPENDING ARRANGEMENTS WHERE DEPENDENT AGED OUT
DURING PANDEMIC.—
(1) IN GENERAL.—In the case of any eligible employee,
section 21(b)(1)(A) of the Internal Revenue Code of 1986 shall
be applied by substituting ‘‘age 14’’ for ‘‘age 13’’ for purposes
of determining the dependent care assistance which may be
paid or reimbursed with respect to such employee under the
dependent care flexible spending arrangement referred to in
paragraph (3)(A) with respect to such employee during—
(A) the plan year described in paragraph (3)(A), and
(B) in the case of an employee described in paragraph
(3)(B)(ii), the subsequent plan year.
(2) APPLICATION TO SUBSEQUENT PLAN YEAR LIMITED TO
UNUSED BALANCE FROM PRECEDING PLAN YEAR.—Paragraph
(1)(B) shall only apply to so much of the amounts paid for
dependent care assistance with respect to the dependents
referred to in paragraph (3)(B) as does not exceed the unused
balance described in paragraph (3)(B)(ii).
(3) ELIGIBLE EMPLOYEE.—For purposes of this section, the
term ‘‘eligible employee’’ means any employee who—
(A) is enrolled in a dependent care flexible spending
arrangement for the last plan year with respect to which
the end of the regular enrollment period for such plan
year was on or before January 31, 2020, and
(B) has one or more dependents (as defined in section
152(a)(1) of the Internal Revenue Code of 1986) who attain
the age of 13—
(i) during such plan year, or
(ii) in the case of an employee who (after the
application of this section) has an unused balance in
the employee’s account under such arrangement for
such plan year (determined as of the close of the last
day on which, under the terms of the plan, claims
for reimbursement may be made with respect to such
plan year), the subsequent plan year.
(e) CHANGE IN ELECTION AMOUNT.—For plan years ending in
2021, a plan that includes a health flexible spending arrangement
or dependent care flexible spending arrangement shall not fail
to be treated as a cafeteria plan under the Internal Revenue Code
of 1986 merely because such plan or arrangement allows an
employee to make an election to modify prospectively the amount
(but not in excess of any applicable dollar limitation) of such
employee’s contributions to any such flexible spending arrangement
(without regard to any change in status).
(f) DEFINITIONS.—Any term used in this section which is also
used in section 106, 125, or 129 of the Internal Revenue Code
of 1986, or the regulations or guidance thereunder, shall have
the same meaning as when used in such section, regulations, or
guidance.
(g) PLAN AMENDMENTS.—A plan that includes a health flexible
spending arrangement or dependent care flexible spending arrangement shall not fail to be treated as a cafeteria plan under the

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Applicability.
Determination.

Time periods.

PUBL260B

134 STAT. 3070

PUBLIC LAW 116–260—DEC. 27, 2020

Internal Revenue Code of 1986 merely because such plan or
arrangement is amended pursuant to a provision under this section
and such amendment is retroactive, if—
(1) such amendment is adopted not later than the last
day of the first calendar year beginning after the end of the
plan year in which the amendment is effective, and
(2) the plan or arrangement is operated consistent with
the terms of such amendment during the period beginning
on the effective date of the amendment and ending on the
date the amendment is adopted.

TITLE III—DISASTER TAX RELIEF
President.

SEC. 301. DEFINITIONS.

For purposes of this title—
(1) QUALIFIED DISASTER AREA.—
(A) IN GENERAL.—The term ‘‘qualified disaster area’’
means any area with respect to which a major disaster
was declared, during the period beginning on January 1,
2020, and ending on the date which is 60 days after the
date of the enactment of this Act, by the President under
section 401 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act if the incident period of the
disaster with respect to which such declaration is made
begins on or after December 28, 2019, and on or before
the date of the enactment of this Act.
(B) COVID–19 EXCEPTION.—Such term shall not
include any area with respect to which such a major disaster has been so declared only by reason of COVID–
19.
(2) QUALIFIED DISASTER ZONE.—The term ‘‘qualified disaster zone’’ means that portion of any qualified disaster area
which was determined by the President, during the period
beginning on January 1, 2020, and ending on the date which
is 60 days after the date of the enactment of this Act, to
warrant individual or individual and public assistance from
the Federal Government under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act by reason of the qualified
disaster with respect to such disaster area.
(3) QUALIFIED DISASTER.—The term ‘‘qualified disaster’’
means, with respect to any qualified disaster area, the disaster
by reason of which a major disaster was declared with respect
to such area.
(4) INCIDENT PERIOD.—The term ‘‘incident period’’ means,
with respect to any qualified disaster, the period specified by
the Federal Emergency Management Agency as the period
during which such disaster occurred (except that for purposes
of this title such period shall not be treated as ending after
the date which is 30 days after the date of the enactment
of this Act).

Time period.

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Determination.

SEC. 302. SPECIAL DISASTER-RELATED RULES FOR USE OF RETIREMENT FUNDS.

(a) TAX-FAVORED WITHDRAWALS FROM RETIREMENT PLANS.—

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 3071

(1) IN GENERAL.—Section 72(t) of the Internal Revenue
Code of 1986 shall not apply to any qualified disaster distribution.
(2) AGGREGATE DOLLAR LIMITATION.—
(A) IN GENERAL.—For purposes of this subsection, the
aggregate amount of distributions received by an individual
which may be treated as qualified disaster distributions
for any taxable year shall not exceed the excess (if any)
of—
(i) $100,000, over
(ii) the aggregate amounts treated as qualified disaster distributions received by such individual for all
prior taxable years.
(B) TREATMENT OF PLAN DISTRIBUTIONS.—If a distribution to an individual would (without regard to subparagraph (A)) be a qualified disaster distribution, a plan shall
not be treated as violating any requirement of the Internal
Revenue Code of 1986 merely because the plan treats such
distribution as a qualified disaster distribution, unless the
aggregate amount of such distributions from all plans maintained by the employer (and any member of any controlled
group which includes the employer) to such individual
exceeds $100,000.
(C) CONTROLLED GROUP.—For purposes of subparagraph (B), the term ‘‘controlled group’’ means any group
treated as a single employer under subsection (b), (c), (m),
or (o) of section 414 of the Internal Revenue Code of 1986.
(D) SPECIAL RULE FOR INDIVIDUALS AFFECTED BY MORE
THAN ONE DISASTER.—The limitation of subparagraph (A)
shall be applied separately with respect to distributions
made with respect to each qualified disaster.
(3) AMOUNT DISTRIBUTED MAY BE REPAID.—
(A) IN GENERAL.—Any individual who receives a qualified disaster distribution may, at any time during the 3year period beginning on the day after the date on which
such distribution was received, make 1 or more contributions in an aggregate amount not to exceed the amount
of such distribution to an eligible retirement plan of which
such individual is a beneficiary and to which a rollover
contribution of such distribution could be made under section 402(c), 403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16),
of the Internal Revenue Code of 1986, as the case may
be.
(B) TREATMENT OF REPAYMENTS OF DISTRIBUTIONS
FROM ELIGIBLE RETIREMENT PLANS OTHER THAN IRAS.—For
purposes of the Internal Revenue Code of 1986, if a contribution is made pursuant to subparagraph (A) with
respect to a qualified disaster distribution from an eligible
retirement plan other than an individual retirement plan,
then the taxpayer shall, to the extent of the amount of
the contribution, be treated as having received the qualified
disaster distribution in an eligible rollover distribution (as
defined in section 402(c)(4) of such Code) and as having
transferred the amount to the eligible retirement plan in
a direct trustee to trustee transfer within 60 days of the
distribution.

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Applicability.

Time period.
Effective date.

Deadline.

PUBL260B

134 STAT. 3072

(C) TREATMENT OF REPAYMENTS OF DISTRIBUTIONS
FROM IRAS.—For purposes of the Internal Revenue Code

Deadline.

of 1986, if a contribution is made pursuant to subparagraph
(A) with respect to a qualified disaster distribution from
an individual retirement plan (as defined by section
7701(a)(37) of such Code), then, to the extent of the amount
of the contribution, the qualified disaster distribution shall
be treated as a distribution described in section 408(d)(3)
of such Code and as having been transferred to the eligible
retirement plan in a direct trustee to trustee transfer
within 60 days of the distribution.
(4) DEFINITIONS.—For purposes of this subsection—
(A) QUALIFIED DISASTER DISTRIBUTION.—Except as provided in paragraph (2), the term ‘‘qualified disaster distribution’’ means any distribution from an eligible retirement plan made—
(i) on or after the first day of the incident period
of a qualified disaster and before the date which is
180 days after the date of the enactment of this Act,
and
(ii) to an individual whose principal place of abode
at any time during the incident period of such qualified
disaster is located in the qualified disaster area with
respect to such qualified disaster and who has sustained an economic loss by reason of such qualified
disaster.
(B) ELIGIBLE RETIREMENT PLAN.—The term ‘‘eligible
retirement plan’’ shall have the meaning given such term
by section 402(c)(8)(B) of the Internal Revenue Code of
1986.
(5) INCOME INCLUSION SPREAD OVER 3-YEAR PERIOD.—
(A) IN GENERAL.—In the case of any qualified disaster
distribution, unless the taxpayer elects not to have this
paragraph apply for any taxable year, any amount required
to be included in gross income for such taxable year shall
be so included ratably over the 3-taxable-year period beginning with such taxable year.
(B) SPECIAL RULE.—For purposes of subparagraph (A),
rules similar to the rules of subparagraph (E) of section
408A(d)(3) of the Internal Revenue Code of 1986 shall
apply.
(6) SPECIAL RULES.—
(A) EXEMPTION OF DISTRIBUTIONS FROM TRUSTEE TO
TRUSTEE TRANSFER AND WITHHOLDING RULES.—For purposes of sections 401(a)(31), 402(f), and 3405 of the Internal
Revenue Code of 1986, qualified disaster distributions shall
not be treated as eligible rollover distributions.
(B) QUALIFIED DISASTER DISTRIBUTIONS TREATED AS
MEETING PLAN DISTRIBUTION REQUIREMENTS.—For purposes
of the Internal Revenue Code of 1986, a qualified disaster
distribution shall be treated as meeting the requirements
of sections 401(k)(2)(B)(i), 403(b)(7)(A)(i), 403(b)(11), and
457(d)(1)(A) of such Code and section 8433(h)(1) of title
5, United States Code, and, in the case of a money purchase
pension plan, a qualified disaster distribution which is
an in-service withdrawal shall be treated as meeting the
distribution rules of section 401(a) of such Code.

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PUBLIC LAW 116–260—DEC. 27, 2020
(b) RECONTRIBUTIONS

OF

WITHDRAWALS

FOR

134 STAT. 3073

HOME PUR-

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CHASES.—

(1) RECONTRIBUTIONS.—
(A) IN GENERAL.—Any individual who received a qualified distribution may, during the applicable period, make
1 or more contributions in an aggregate amount not to
exceed the amount of such qualified distribution to an
eligible retirement plan (as defined in section 402(c)(8)(B)
of the Internal Revenue Code of 1986) of which such individual is a beneficiary and to which a rollover contribution
of such distribution could be made under section 402(c),
403(a)(4), 403(b)(8), or 408(d)(3), of such Code, as the case
may be.
(B) TREATMENT OF REPAYMENTS.—Rules similar to the
rules of subparagraphs (B) and (C) of subsection (a)(3)
shall apply for purposes of this subsection.
(2) QUALIFIED DISTRIBUTION.—For purposes of this subsection, the term ‘‘qualified distribution’’ means any distribution—
(A)
described
in
section
401(k)(2)(B)(i)(IV),
403(b)(7)(A)(i)(V), 403(b)(11)(B), or 72(t)(2)(F), of the
Internal Revenue Code of 1986,
(B) which was to be used to purchase or construct
a principal residence in a qualified disaster area, but which
was not so used on account of the qualified disaster with
respect to such area, and
(C) which was received during the period beginning
on the date which is 180 days before the first day of
the incident period of such qualified disaster and ending
on the date which is 30 days after the last day of such
incident period.
(3) APPLICABLE PERIOD.—For purposes of this subsection,
the term ‘‘applicable period’’ means, in the case of a principal
residence in a qualified disaster area with respect to any qualified disaster, the period beginning on the first day of the
incident period of such qualified disaster and ending on the
date which is 180 days after the date of the enactment of
this Act.
(c) LOANS FROM QUALIFIED PLANS.—
(1) INCREASE IN LIMIT ON LOANS NOT TREATED AS DISTRIBUTIONS.—In the case of any loan from a qualified employer
plan (as defined under section 72(p)(4) of the Internal Revenue
Code of 1986) to a qualified individual made during the 180day period beginning on the date of the enactment of this
Act—
(A) clause (i) of section 72(p)(2)(A) of such Code shall
be applied by substituting ‘‘ $100,000’’ for ‘‘ $50,000’’, and
(B) clause (ii) of such section shall be applied by substituting ‘‘the present value of the nonforfeitable accrued
benefit of the employee under the plan’’ for ‘‘one-half of
the present value of the nonforfeitable accrued benefit of
the employee under the plan’’.
(2) DELAY OF REPAYMENT.—In the case of a qualified individual (with respect to any qualified disaster) with an outstanding loan (on or after the first day of the incident period
of such qualified disaster) from a qualified employer plan (as

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Applicability.

PUBL260B

134 STAT. 3074

Time period.

Determination.

Definition.

Applicability.

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Effective date.

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PUBLIC LAW 116–260—DEC. 27, 2020
defined in section 72(p)(4) of the Internal Revenue Code of
1986)—
(A) if the due date pursuant to subparagraph (B) or
(C) of section 72(p)(2) of such Code for any repayment
with respect to such loan occurs during the period beginning on the first day of the incident period of such qualified
disaster and ending on the date which is 180 days after
the last day of such incident period, such due date shall
be delayed for 1 year (or, if later, until the date which
is 180 days after the date of the enactment of this Act),
(B) any subsequent repayments with respect to any
such loan shall be appropriately adjusted to reflect the
delay in the due date under subparagraph (A) and any
interest accruing during such delay, and
(C) in determining the 5-year period and the term
of a loan under subparagraph (B) or (C) of section 72(p)(2)
of such Code, the period described in subparagraph (A)
of this paragraph shall be disregarded.
(3) QUALIFIED INDIVIDUAL.—For purposes of this subsection,
the term ‘‘qualified individual’’ means any individual—
(A) whose principal place of abode at any time during
the incident period of any qualified disaster is located
in the qualified disaster area with respect to such qualified
disaster, and
(B) who has sustained an economic loss by reason
of such qualified disaster.
(d) PROVISIONS RELATING TO PLAN AMENDMENTS.—
(1) IN GENERAL.—If this subsection applies to any amendment to any plan or annuity contract, such plan or contract
shall be treated as being operated in accordance with the terms
of the plan during the period described in paragraph (2)(B)(i).
(2) AMENDMENTS TO WHICH SUBSECTION APPLIES.—
(A) IN GENERAL.—This subsection shall apply to any
amendment to any plan or annuity contract which is
made—
(i) pursuant to any provision of this section, or
pursuant to any regulation issued by the Secretary
or the Secretary of Labor under any provision of this
section, and
(ii) on or before the last day of the first plan
year beginning on or after January 1, 2022, or such
later date as the Secretary may prescribe.
In the case of a governmental plan (as defined in section
414(d) of the Internal Revenue Code of 1986), clause (ii)
shall be applied by substituting the date which is 2 years
after the date otherwise applied under clause (ii).
(B) CONDITIONS.—This subsection shall not apply to
any amendment unless—
(i) during the period—
(I) beginning on the date that this section
or the regulation described in subparagraph (A)(i)
takes effect (or in the case of a plan or contract
amendment not required by this section or such
regulation, the effective date specified by the plan),
and

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 3075

(II) ending on the date described in subparagraph (A)(ii) (or, if earlier, the date the plan or
contract amendment is adopted),
the plan or contract is operated as if such plan or contract
amendment were in effect, and
(ii) such plan or contract amendment applies retroactively for such period.

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SEC. 303. EMPLOYEE RETENTION CREDIT FOR EMPLOYERS AFFECTED
BY QUALIFIED DISASTERS.

(a) IN GENERAL.—For purposes of section 38 of the Internal
Revenue Code of 1986, in the case of an eligible employer, the
2020 qualified disaster employee retention credit shall be treated
as a credit listed at the end of subsection (b) of such section.
For purposes of this subsection, the 2020 qualified disaster employee
retention credit for any taxable year is an amount equal to 40
percent of the qualified wages with respect to each eligible employee
of such employer for such taxable year. The amount of qualified
wages with respect to any employee which may be taken into
account under this subsection by the employer for any taxable
year shall not exceed $6,000 (reduced by the amount of qualified
wages with respect to such employee taken into account for any
prior taxable year).
(b) DEFINITIONS.—For purposes of this section—
(1) ELIGIBLE EMPLOYER.—The term ‘‘eligible employer’’
means any employer—
(A) which conducted an active trade or business in
a qualified disaster zone at any time during the incident
period of the qualified disaster with respect to such qualified disaster zone, and
(B) with respect to whom the trade or business
described in subparagraph (A) is inoperable at any time
during the period beginning on the first day of the incident
period of such qualified disaster and ending on the date
of the enactment of this Act, as a result of damage sustained by reason of such qualified disaster.
(2) ELIGIBLE EMPLOYEE.—The term ‘‘eligible employee’’
means with respect to an eligible employer an employee whose
principal place of employment with such eligible employer
(determined immediately before the qualified disaster referred
to in paragraph (1)) was in the qualified disaster zone referred
to in such paragraph.
(3) QUALIFIED WAGES.—The term ‘‘qualified wages’’ means
wages (as defined in section 51(c)(1) of the Internal Revenue
Code of 1986, but without regard to section 3306(b)(2)(B) of
such Code) paid or incurred by an eligible employer with respect
to an eligible employee at any time on or after the date on
which the trade or business described in paragraph (1) first
became inoperable at the principal place of employment of
the employee (determined immediately before the qualified disaster referred to in such paragraph) and before the earlier
of—
(A) the date on which such trade or business has
resumed significant operations at such principal place of
employment, or

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134 STAT. 3076
Time period.

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26 USC 3111
note.

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PUBLIC LAW 116–260—DEC. 27, 2020

(B) the date which is 150 days after the last day
of the incident period of the qualified disaster referred
to in paragraph (1).
Such term shall include wages paid without regard to whether
the employee performs no services, performs services at a different place of employment than such principal place of employment, or performs services at such principal place of employment before significant operations have resumed. Such term
shall not include any wages taken into account under section
2301 of the CARES Act.
(c) SPECIAL RULES.—
(1) DENIAL OF DOUBLE BENEFIT.—Any wages taken into
account in determining any credit allowed under this section
shall not be taken into account as wages for purposes of sections
41, 45A, 45P, 45S, 51, and 1396 of the Internal Revenue Code
of 1986.
(2) CERTAIN OTHER RULES TO APPLY.—For purposes of this
section, rules similar to the rules of sections 51(i)(1), 52, and
280C(a) of the Internal Revenue Code of 1986 shall apply.
(d) PAYROLL TAX CREDIT FOR CERTAIN TAX-EXEMPT ORGANIZATIONS.—
(1) IN GENERAL.—In the case of any qualified tax-exempt
organization, there shall be allowed as a credit against the
tax imposed by section 3111(a) of the Internal Revenue Code
of 1986 on wages paid with respect to employment of all
employees of the organization during the calendar quarter an
amount equal to 40 percent of the qualified wages paid to
eligible employees of such organization during such calendar
quarter.
(2) APPLICATION OF AGGREGATE DOLLAR LIMITATION PER
EMPLOYEE.—The amount of qualified wages with respect to
any employee which may be taken into account under this
subsection by the employer for any calendar quarter shall not
exceed $6,000 (reduced by the amount of qualified wages with
respect to which credit was allowed under this subsection for
any prior calendar quarter with respect to such employee).
(3) OVERALL LIMITATION.—
(A) IN GENERAL.—The aggregate amount allowed as
a credit under this subsection for all eligible employees
of any employer for any calendar quarter shall not exceed
the amount of the tax imposed by section 3111(a) of the
Internal Revenue Code of 1986 on wages paid with respect
to employment of all employees of such employer during
such calendar quarter (reduced by any credits allowed
under subsections (e) and (f) of section 3111 of such Code
for such quarter).
(B) CARRYFORWARD.—If the amount of the credit under
paragraph (1) exceeds the limitation of subparagraph (A)
for any calendar quarter, such excess shall be carried to
the succeeding calendar quarter and allowed as a credit
under paragraph (1) for such quarter.
(C) COORDINATION WITH OTHER PAYROLL TAX CREDITS.—
(i) Section 7001(b)(3) of the Families First
Coronavirus Response Act is amended by inserting
‘‘, and section 303(d) of the Taxpayer Certainty and
Disaster Tax Relief Act of 2020,’’ after ‘‘subsections
(e) and (f) of section 3111 of such Code’’.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 3077

(ii) Section 7003(b)(2) of the Families First
Coronavirus Response Act is amended by striking ‘‘and
section 7001 of this Act,’’ and inserting ‘‘section 7001
of this Act, and section 303(d) of the Taxpayer Certainty and Disaster Tax Relief Act of 2020,’’.
(iii) Section 2301(b)(2) of the CARES Act is
amended by striking ‘‘and sections 7001 and 7003 of
the Families First Coronavirus Response Act’’ and
inserting ‘‘, sections 7001 and 7003 of the Families
First Coronavirus Response Act, and section 303(d)
of the Taxpayer Certainty and Disaster Tax Relief
Act of 2020’’.
(4) DEFINITIONS.—
(A) QUALIFIED TAX-EXEMPT ORGANIZATION.—For purposes of this subsection, the term ‘‘qualified tax-exempt
organization’’ means an organization described in section
501(c) of the Internal Revenue Code of 1986 and exempt
from taxation under section 501(a) of such Code if such
organization would be an eligible employer if the activities
of such organization were an active trade or business.
(B) APPLICATION OF CERTAIN TERMS WITH RESPECT TO
QUALIFIED TAX-EXEMPT ORGANIZATIONS.—For purposes of
this subsection, the terms ‘‘eligible employee’’ and ‘‘qualified
wages’’ shall be applied with respect to any qualified taxexempt organization—
(i) by treating the activities of such organization
as an active trade or business, and
(ii) by substituting ‘‘wages (within the meaning
of subsection (d)(4)(C))’’ for ‘‘wages (as defined in section 51(c)(1) of the Internal Revenue Code of 1986,
but without regard to section 3306(b)(2)(B) of such
Code)’’ in subsection (b)(3).
(C) OTHER TERMS.—Except as otherwise provided in
this subsection, any term used in this subsection which
is also used in chapter 21 or 22 of the Internal Revenue
Code of 1986 shall have the same meaning as when used
in such chapter.
(5) TRANSFERS TO CERTAIN TRUST FUNDS.—There are hereby
appropriated to the Federal Old-Age and Survivors Insurance
Trust Fund and the Federal Disability Insurance Trust Fund
established under section 201 of the Social Security Act (42
U.S.C. 401) and the Social Security Equivalent Benefit Account
established under section 15A(a) of the Railroad Retirement
Act of 1974 (45 U.S.C. 231n–1(a)) amounts equal to the reduction in revenues to the Treasury by reason of this subsection
(without regard to this paragraph). Amounts appropriated by
the preceding sentence shall be transferred from the general
fund at such times and in such manner as to replicate to
the extent possible the transfers which would have occurred
to such Trust Fund or Account had this subsection not been
enacted.
(6) TREATMENT OF DEPOSITS.—The Secretary shall waive
any penalty under section 6656 of such Code for any failure
to make a deposit of applicable employment taxes if the Secretary determines that such failure was due to the anticipation
of the credit allowed under this subsection.

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Ante, p. 347.

Waiver.
Determination.

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134 STAT. 3078

Determination.

Determination.

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Consultation.

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PUBLIC LAW 116–260—DEC. 27, 2020
(7) THIRD PARTY PAYORS.—Any credit allowed under this
subsection shall be treated as a credit described in section
3511(d)(2) of such Code.
(8) COORDINATION WITH SUBSECTION (a) CREDIT.—Any
wages taken into account in determining the credit allowed
under this subsection shall not be take into account as wages
for purposes of subsection (a).
(9) REGULATIONS AND GUIDANCE.—The Secretary shall issue
such forms, instructions, regulations, and guidance as are necessary—
(A) to allow the advance payment of the credit under
paragraph (1), subject to the limitations provided in this
subsection, based on such information as the Secretary
shall require,
(B) regulations or other guidance to provide for the
reconciliation of such advance payment with the amount
of the credit under this subsection at the time of filing
the return of tax for the applicable quarter or taxable
year,
(C) with respect to the application of the credit under
paragraph (1) to third party payors (including professional
employer organizations, certified professional employer
organizations, or agents under section 3504 of the Internal
Revenue Code of 1986), including regulations or guidance
allowing such payors to submit documentation necessary
to substantiate the eligible employer status of employers
that use such payors, and
(D) for recapturing the benefit of credits determined
under this subsection in cases where there is a subsequent
adjustment to the credit determined under paragraph (1).
(e) ELECTION TO NOT TAKE CERTAIN WAGES INTO ACCOUNT.—
(1) IN GENERAL.—This section shall not apply to qualified
wages paid by an eligible employer with respect to which such
employer makes an election (at such time and in such manner
as the Secretary may prescribe) to have this section not apply
to such wages.
(2) COORDINATION WITH PAYCHECK PROTECTION PROGRAM.—
The Secretary, in consultation with the Administrator of the
Small Business Administration, shall issue guidance providing
that payroll costs paid or incurred during the covered period
shall not fail to be treated as qualified wages under this section
by reason of an election under paragraph (1) to the extent
that a covered loan of the eligible employer is not forgiven
by reason of a decision under section 7A(g) of the Small Business Act. Terms used in the preceding sentence which are
also used in section 7A(g) of such Act shall have the same
meaning as when used in such section.
(f) CERTAIN GOVERNMENTAL EMPLOYERS.—
(1) IN GENERAL.—The credits under this section shall not
apply to the Government of the United States, the government
of any State or political subdivision thereof, or any agency
or instrumentality of any of the foregoing.
(2) EXCEPTION.—Paragraph (1) shall not apply to—
(A) any organization described in section 501(c)(1) of
the Internal Revenue Code of 1986 and exempt from tax
under section 501(a) of such Code, or
(B) any entity described in paragraph (1) if —

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 3079

(i) such entity is a college or university, or
(ii) the principal purpose or function of such entity
is providing medical or hospital care.
An entity described in subparagraph (B) shall be treated
for purposes of this section in the same manner as an
organization described in section 501(c) of the Internal
Revenue Code of 1986 and exempt from tax under section
501(a) of such Code.
(g) AMENDMENT TO PAYCHECK PROTECTION PROGRAM.—Section
7A(a)(12) of the Small Business Act (as redesignated, transferred,
and amended by the Economic Aid to Hard-Hit Small Businesses,
Nonprofits, and Venues Act and as amended by section 206(c)
of this division) is amended by adding at the end the following:
‘‘Such payroll costs shall not include qualified wages taken into
account in determining the credit allowed under subsection (a)
or (d) of section 303 of the Taxpayer Certainty and Disaster Tax
Relief Act of 2020.’’.
SEC. 304. OTHER DISASTER-RELATED TAX RELIEF PROVISIONS.

(a) SPECIAL RULES

FOR

QUALIFIED DISASTER RELIEF CONTRIBU-

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TIONS.—

(1) IN GENERAL.—In the case of a qualified disaster relief
contribution made by a corporation—
(A) section 2205(a)(2)(B) of the CARES Act shall be
applied first to qualified contributions without regard to
any qualified disaster relief contributions and then separately to such qualified disaster relief contribution, and
(B) in applying such section to such qualified disaster
relief contributions, clause (i) thereof shall be applied—
(i) by substituting ‘‘100 percent’’ for ‘‘25 percent’’,
and
(ii) by treating qualified contributions other than
qualified disaster relief contributions as contributions
allowed under section 170(b)(2) of the Internal Revenue
Code of 1986.
(2) QUALIFIED DISASTER RELIEF CONTRIBUTION.—For purposes of this subsection, the term ‘‘qualified disaster relief
contribution’’ means any qualified contribution (as defined in
section 2205(a)(3) of the CARES Act) if—
(A) such contribution—
(i) is paid, during the period beginning on January
1, 2020, and ending on the date which is 60 days
after the date of the enactment of this Act, and
(ii) is made for relief efforts in one or more qualified disaster areas,
(B) the taxpayer obtains from such organization
contemporaneous written acknowledgment (within the
meaning of section 170(f)(8) of such Code) that such contribution was used (or is to be used) for relief efforts
described in subparagraph (A)(ii), and
(C) the taxpayer has elected the application of this
subsection with respect to such contribution.
(3) CROSS-REFERENCE.—For the suspension of the limitation
on qualified disaster relief contributions made by an individual
during 2020, see section 2205(a) of the CARES Act.
(b) SPECIAL RULES FOR QUALIFIED DISASTER-RELATED PERSONAL
CASUALTY LOSSES.—

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Applicability.

Definition.

Time period.

Definitions.

PUBL260B

134 STAT. 3080

PUBLIC LAW 116–260—DEC. 27, 2020
(1) IN GENERAL.—If an individual has a net disaster loss
for any taxable year—
(A)
the
amount
determined
under
section
165(h)(2)(A)(ii) of the Internal Revenue Code of 1986 shall
be equal to the sum of—
(i) such net disaster loss, and
(ii) so much of the excess referred to in the matter
preceding clause (i) of section 165(h)(2)(A) of such Code
(reduced by the amount in clause (i) of this subparagraph) as exceeds 10 percent of the adjusted gross
income of the individual,
(B) in the case of qualified disaster-related personal
casualty losses, section 165(h)(1) of such Code shall be
applied to by substituting ‘‘ $500’’ for ‘‘ $500 ( $100 for
taxable years beginning after December 31, 2009)’’,
(C) the standard deduction determined under section
63(c) of such Code shall be increased by the net disaster
loss, and
(D) section 56(b)(1)(E) of such Code shall not apply
to so much of the standard deduction as is attributable
to the increase under subparagraph (C) of this paragraph.
(2) NET DISASTER LOSS.—For purposes of this subsection,
the term ‘‘net disaster loss’’ means the excess of qualified disaster-related personal casualty losses over personal casualty
gains (as defined in section 165(h)(3)(A) of the Internal Revenue
Code of 1986).
(3) QUALIFIED DISASTER-RELATED PERSONAL CASUALTY
LOSSES.—For purposes of this subsection, the term ‘‘qualified
disaster-related personal casualty losses’’ means losses
described in section 165(c)(3) of the Internal Revenue Code
of 1986 which arise in a qualified disaster area on or after
the first day of the incident period of the qualified disaster
to which such area relates, and which are attributable to such
qualified disaster.

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SEC. 305. LOW-INCOME HOUSING TAX CREDIT.

(a) ADDITIONAL LOW-INCOME HOUSING CREDIT ALLOCATIONS.—
(1) IN GENERAL.—For purposes of section 42 of the Internal
Revenue Code of 1986, the State housing credit ceiling for
any State for each of calendar years 2021 and 2022 shall
be increased by the aggregate housing credit dollar amount
allocated by the State housing credit agencies of such State
for such calendar year to buildings located in any qualified
disaster zone in such State.
(2) LIMITATION.—
(A) APPLICATION OF AGGREGATE LIMITATION.—The
increase determined under paragraph (1) with respect to
any State shall not exceed—
(i) in the case of any such increase determined
for calendar year 2021, the applicable dollar limitation
for such State, and
(ii) in the case of any such increase determined
for calendar year 2022, the applicable dollar limitation
for such State reduced by the amount of any increase
determined under paragraph (1) with respect to such
State for calendar year 2021.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 3081

(B) APPLICABLE DOLLAR LIMITATION.—For purposes of
this paragraph, the term ‘‘applicable dollar limitation’’
means, with respect to any State, the lesser of—
(i) the product of $3.50 multiplied by the population of such State (as determined for calendar year
2020) which resides in qualified disaster zones in such
State, or
(ii) 65 percent of the State housing credit ceiling
for such State for calendar year 2020.
(3) EXTENSION OF PLACED IN SERVICE DEADLINE FOR DESIGNATED HOUSING CREDIT DOLLAR AMOUNTS.—
(A) IN GENERAL.—In the case of any housing credit
dollar amount which is allocated by a State housing credit
agency of a State for calendar year 2021 or 2022 to a
building located in a qualified disaster zone in such State
and which is designated (at such time and in such manner
as the Secretary may provide) by such State housing credit
agency as housing credit dollar amount to which this paragraph applies, section 42(h)(1)(E) of the Internal Revenue
Code of 1986 shall be applied—
(i) by substituting ‘‘third calendar year’’ for ‘‘second
calendar year’’ both places it appears, and
(ii) by substituting ‘‘2 years’’ for ‘‘1 year’’ in clause
(ii) thereof.
(B) APPLICATION OF LIMITATION.—The aggregate
amount of housing credit dollar amount designated under
subparagraph (A) for any calendar year by all State housing
credit agencies of a State shall not exceed the amount
determined under paragraph (2)(A) with respect to such
State for such calendar year.
(4) ALLOCATIONS TREATED AS MADE FIRST FROM ADDITIONAL
ALLOCATION FOR PURPOSES OF DETERMINING CARRYOVER.—For
purposes of determining the unused State housing credit ceiling
for any calendar year under section 42(h)(3)(C) of the Internal
Revenue Code of 1986, any increase in the State housing credit
ceiling under paragraph (1) shall be treated as an amount
described in clause (ii) of such section.

Definition.

Applicability.

SEC. 306. TREATMENT OF CERTAIN POSSESSIONS.

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(a) PAYMENTS TO
TEMS.—The Secretary

POSSESSIONS WITH MIRROR CODE TAX SYSof the Treasury shall pay to each possession
of the United States which has a mirror code tax system amounts
equal to the loss (if any) to that possession by reason of the application of the provisions of this title. Such amounts shall be determined
by the Secretary of the Treasury based on information provided
by the government of the respective possession.
(b) PAYMENTS TO OTHER POSSESSIONS.—The Secretary of the
Treasury shall pay to each possession of the United States which
does not have a mirror code tax system amounts estimated by
the Secretary of the Treasury as being equal to the aggregate
benefits (if any) that would have been provided to residents of
such possession by reason of the provisions of this title if a mirror
code tax system had been in effect in such possession. The preceding
sentence shall not apply unless the respective possession has a
plan, which has been approved by the Secretary of the Treasury,
under which such possession will promptly distribute such payments to its residents.

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Plan.

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134 STAT. 3082
Definition.

PUBLIC LAW 116–260—DEC. 27, 2020

(c) MIRROR CODE TAX SYSTEM.—For purposes of this section,
the term ‘‘mirror code tax system’’ means, with respect to any
possession of the United States, the income tax system of such
possession if the income tax liability of the residents of such possession under such system is determined by reference to the income
tax laws of the United States as if such possession were the United
States.
(d) TREATMENT OF PAYMENTS.—For purposes of section 1324
of title 31, United States Code, the payments under this section
shall be treated in the same manner as a refund due from a
credit provision referred to in subsection (b)(2) of such section.

DIVISION FF—OTHER MATTER
TITLE I—CONTINUING EDUCATION AT
AFFECTED FOREIGN INSTITUTIONS
AND MODIFICATION OF CERTAIN
PROTECTIONS FOR TAXPAYER RETURN INFORMATION

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SEC. 101. CONTINUING EDUCATION AT AFFECTED FOREIGN INSTITUTIONS.

(a) IN GENERAL.—Section 3510 of the CARES Act (20 U.S.C.
1001 note) is amended—
(1) in subsection (a), by striking ‘‘for the duration of such
emergency’’ and all that follows through the period at the
end and inserting ‘‘for purposes of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) until the end of
the covered period applicable to the institution.’’;
(2) in subsection (b), by striking ‘‘for the duration of the
qualifying emergency and the following payment period for
purposes of title IV of the Higher Education Act of 1965 (20
U.S.C. 1070 et seq.).’’ and inserting ‘‘until the end of the covered
period applicable to the institution.’’;
(3) in subsection (c), by striking ‘‘for the duration of the
qualifying emergency and the following payment period,’’ and
inserting ‘‘until all covered periods for foreign institutions carrying out a distance education program authorized under this
section have ended,’’;
(4) in subsection (d)—
(A) in paragraph (1)—
(i) by striking ‘‘for the duration of a qualifying
emergency and the following payment period,’’ and
inserting ‘‘until the end of the covered period applicable
to a foreign institution,’’; and
(ii) by striking ‘‘allow a foreign institution’’ and
inserting ‘‘allow the foreign institution’’;
(B) in each of subparagraphs (A) and (B) of paragraph
(2), by striking ‘‘subsection (a)’’ and inserting ‘‘paragraph
(1)’’;
(C) in paragraph (3)(B), by striking ‘‘30 days’’ and
inserting ‘‘10 days’’; and
(D) in paragraph (4)—

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 3083

(i) by striking ‘‘for the duration of the qualifying
emergency and the following payment period,’’ and
inserting ‘‘until all covered periods for foreign institutions that entered into written arrangements under
paragraph (1) have ended,’’; and
(ii) by striking ‘‘identifies each foreign institution
that entered into a written arrangement under subsection (a).’’ and inserting the following: identifies, for
each such foreign institution—
‘‘(A) the name of the foreign institution;
‘‘(B) the name of the institution of higher education
located in the United States that has entered into a written
arrangement with such foreign institution; and
‘‘(C) information regarding the nature of such written
arrangement, including which coursework or program
requirements are accomplished at each respective institution.’’; and
(5) by adding at the end the following:
‘‘(e) DEFINITION OF COVERED PERIOD.—
‘‘(1) IN GENERAL.—In this section, the term ‘covered period’,
when used with respect to a foreign institution of higher education, means the period—
‘‘(A) beginning on the first day of—
‘‘(i) a qualifying emergency; or
‘‘(ii) a public health emergency, major disaster or
emergency, or national emergency declared by the
applicable government authorities in the country in
which the foreign institution is located; and
‘‘(B) ending on the later of—
‘‘(i) subject to paragraph (2), the last day of the
payment period, for purposes of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070 et seq.), following the end of any qualifying emergency or any
emergency or disaster described in subparagraph (A)(ii)
applicable to the foreign institution; or
‘‘(ii) June 30, 2022.
‘‘(2) SPECIAL RULE FOR CERTAIN PAYMENT PERIODS.—For
purposes of subparagraph (B)(i), if the following payment period
for an award year ends before June 30 of such award year,
the covered period shall be extended until June 30 of such
award year.’’.
(b) EFFECTIVE DATE.—The amendments made by subsection
(a) shall take effect as if included in the enactment of the CARES
Act (Public Law 116–136).

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SEC.

102.

20 USC 1001
note.

DISCLOSURES TO IDENTIFY TAX RECEIVABLES NOT
ELIGIBLE FOR COLLECTION PURSUANT TO QUALIFIED
TAX COLLECTION CONTRACTS.

(a) IN GENERAL.—Section 1106 of the Social Security Act (42
U.S.C. 1306) is amended by adding at the end the following:
‘‘(g) Notwithstanding any other provision of this section, the
Commissioner of Social Security shall enter into an agreement
with the Secretary of the Treasury under which—
‘‘(1) if the Secretary provides the Commissioner with the
information described in section 6103(k)(15) of the Internal
Revenue Code of 1986 with respect to any individual, the
Commissioner shall indicate to the Secretary as to whether

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134 STAT. 3084

PUBLIC LAW 116–260—DEC. 27, 2020

such individual receives disability insurance benefits under
section 223 or supplemental security income benefits under
title XVI (including State supplementary payments of the type
referred to in section 1616(a) or payments of the type described
in section 212(a) of Public Law 93-66);
‘‘(2) appropriate safeguards are included to assure that
the indication described in paragraph (1) will be used solely
for the purpose of determining if tax receivables involving such
individual are not eligible for collection pursuant to a qualified
tax collection contract by reason of section 6306(d)(3)(E) of
the Internal Revenue Code of 1986; and
‘‘(3) the Secretary shall pay the Commissioner of Social
Security the full costs (including systems and administrative
costs) of providing the indication described in paragraph (1).’’.
(b) AUTHORIZATION OF DISCLOSURE BY SECRETARY OF THE
TREASURY.—
(1) IN GENERAL.—Section 6103(k) of the Internal Revenue
Code of 1986 is amended by adding at the end the following
new paragraph:
‘‘(15) DISCLOSURES TO SOCIAL SECURITY ADMINISTRATION
TO IDENTIFY TAX RECEIVABLES NOT ELIGIBLE FOR COLLECTION
PURSUANT TO QUALIFIED TAX COLLECTION CONTRACTS.—In the

Determination.

26 USC 6103
note.

case of any individual involved with a tax receivable which
the Secretary has identified for possible collection pursuant
to a qualified tax collection contract (as defined in section
6306(b)), the Secretary may disclose the taxpayer identity and
date of birth of such individual to officers, employees, and
contractors of the Social Security Administration to determine
if such tax receivable is not eligible for collection pursuant
to such a qualified tax collection contract by reason of section
6306(d)(3)(E).’’.
(2) CONFORMING AMENDMENTS RELATED TO SAFEGUARDS.—
(A) Section 6103(a)(3) of such Code is amended by
striking ‘‘or (14)’’ and inserting ‘‘(14), or (15)’’.
(B) Section 6103(p)(4) of such Code is amended—
(i) by striking ‘‘(k)(8), (10) or (11)’’ both places
it appears and inserting ‘‘(k)(8), (10), (11), or (15)’’,
and
(ii) by striking ‘‘any other person described in subsection (k)(10)’’ each place it appears and inserting
‘‘any other person described in subsection (k)(10) or
(15)’’.
(C) Section 7213(a)(2) of such Code is amended by
striking ‘‘(k)(10), (13), or (14)’’ and inserting ‘‘(k)(10), (13),
(14), or (15)’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to disclosures made on or after the date of the enactment
of this Act.

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SEC. 103. MODIFICATION OF CERTAIN PROTECTIONS FOR TAXPAYER
RETURN INFORMATION.

(a) AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986.—
(1) IN GENERAL.—Subparagraph (D) of section 6103(l)(13)
of the Internal Revenue Code of 1986 is amended—
(A) by inserting at the end of clause (iii) the following
new sentence: ‘‘Under such terms and conditions as may
be prescribed by the Secretary, after consultation with

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 3085

the Department of Education, an institution of higher education described in subclause (I) or a State higher education
agency described in subclause (II) may designate a contractor of such institution or state agency to receive return
information on behalf of such institution or state agency
to administer aspects of the institution’s or state agency’s
activities for the application, award, and administration
of such financial aid.’’, and
(B) by adding at the end the following:
‘‘(iv) REDISCLOSURE TO OFFICE OF INSPECTOR GENERAL, INDEPENDENT AUDITORS, AND CONTRACTORS.—
Any return information which is redisclosed under
clause (iii)—
‘‘(I) may be further disclosed by persons
described in subclauses (I), (II), or (III) of clause
(iii) or persons designated in the last sentence
of clause (iii) to the Office of Inspector General
of the Department of Education and independent
auditors conducting audits of such person’s
administration of the programs for which the
return information was received, and
‘‘(II) may be further disclosed by persons
described in subclauses (I), (II), or (III) of clause
(iii) to contractors of such entities,
but only to the extent necessary in carrying out the
purposes described in such clause (iii).
‘‘(v) REDISCLOSURE TO FAMILY MEMBERS.—In addition to the purposes for which information is disclosed
and used under subparagraphs (A) and (C), or redisclosed under clause (iii), any return information so
disclosed or redisclosed may be further disclosed to
any individual certified by the Secretary of Education
as having provided approval under paragraph (1) or
(2) of section 494(a) of the Higher Education Act of
1965, as the case may be, for disclosure related to
the income-contingent or income-based repayment plan
under subparagraph (A) or the eligibility for, and
amount of, Federal student financial aid described in
subparagraph (C).
‘‘(vi) REDISCLOSURE OF FAFSA INFORMATION.—
Return information received under subparagraph (C)
may be redisclosed in accordance with subsection (c)
of section 494 of the Higher Education Act of 1965
as in effect on the date of enactment of the Consolidated Appropriations Act, 2021 to carry out the purposes specified in such subsection.’’.
(2) CONFORMING AMENDMENT.—Subparagraph (F) of section
6103(l)(13) of such Code is amended by inserting ‘‘, and any
redisclosure authorized under clause (iii), (iv) (v), or (vi) of
subparagraph (D),’’ after ‘‘ or (C)’’.
(3) CONFIDENTIALITY OF RETURN INFORMATION.—
(A) Section 6103(a)(3) of such Code, as amended by
section 3516(a)(1) of the CARES Act (Public Law 116–
136), is amended by striking ‘‘(13)(A), (13)(B), (13)(C),
(13)(D)(i),’’ and inserting ‘‘(13) (other than subparagraphs
(D)(v) and (D)(vi) thereof),’’.

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134 STAT. 3086

(B) Section 6103(p)(3)(A) of such Code, as amended
by section 3516(a)(2) of such Act, is amended by striking
‘‘(13)(A), (13)(B), (13)(C), (13)(D)(i),’’ and inserting
‘‘(13)(D)(iv), (13)(D)(v), (13)(D)(vi)’’.
(4) EFFECTIVE DATE.—The amendments made by this subsection shall apply to disclosures made after the date of the
enactment of the FUTURE Act (Public Law 116–91).
(b) AMENDMENTS TO THE HIGHER EDUCATION ACT OF 1965.—
(1) IN GENERAL.—Section 494 of the Higher Education Act
of 1965 (20 U.S.C. 1098h(a)) is amended—
(A) in subsection (a)(1)—
(i) in the matter preceding subparagraph (A), by
inserting ‘‘, including return information,’’ after ‘‘financial information’’;
(ii) in subparagraph (A)—
(I) in clause (i)—
(aa) by striking ‘‘subparagraph (B), the’’
and inserting the following: ‘‘subparagraph
(B)—
‘‘(I) the’’; and
(bb) by adding at the end the following:
‘‘(II) the return information of such individuals
may be redisclosed pursuant to clauses (iii), (iv),
(v), and (vi) of section 6103(l)(13)(D) of the Internal
Revenue Code of 1986, for the relevant purposes
described in such section; and’’; and
(II) in clause (ii), by striking ‘‘such disclosure’’
and inserting ‘‘the disclosures described in subclauses (I) and (II) of clause (i)’’; and
(iii) in subparagraph (B), by striking ‘‘disclosure
described in subparagraph (A)(i)’’ and inserting ‘‘disclosures described in subclauses (I) and (II) of subparagraph (A)(i)’’;
(B) in subsection (a)(2)(A)(ii), by striking ‘‘affirmatively
approve the disclosure described in paragraph (1)(A)(i) and
agree that such approval shall serve as an ongoing approval
of such disclosure until the date on which the individual
elects to opt out of such disclosure’’ and inserting ‘‘affirmatively approve the disclosures described in subclauses (I)
and (II) of paragraph (1)(A)(i), to the extent applicable,
and agree that such approval shall serve as an ongoing
approval of such disclosures until the date on which the
individual elects to opt out of such disclosures’’; and
(C) by adding at the end the following:
‘‘(c) ACCESS TO FAFSA INFORMATION.—
‘‘(1) REDISCLOSURE OF INFORMATION.—The information in
a complete, unredacted Student Aid Report (including any
return information disclosed under section 6103(l)(13) of the
Internal Revenue Code of 1986 (26 U.S.C. 6103(l)(13))) with
respect to an application described in subsection (a)(1) of an
applicant for Federal student financial aid—
‘‘(A) upon request for such information by such
applicant, shall be provided to such applicant by—
‘‘(i) the Secretary; or
‘‘(ii) in a case in which the Secretary has requested
that institutions of higher education carry out the
requirements of this subparagraph, an institution of

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26 USC 6103
note.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 3087

higher education that has received such information;
and
‘‘(B) with the written consent by the applicant to an
institution of higher education, may be provided by such
institution of higher education as is necessary to a scholarship granting organization (including a tribal organization
(defined in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304))), or to an
organization assisting the applicant in applying for and
receiving Federal, State, local, or tribal assistance, that
is designated by the applicant to assist the applicant in
applying for and receiving financial assistance for any
component of the applicant’s cost of attendance (defined
in section 472) at that institution.
‘‘(2) DISCUSSION OF INFORMATION.—A discussion of the
information in an application described in subsection (a)(1)
(including any return information disclosed under section
6103(l)(13) of the Internal Revenue Code of 1986 (26 U.S.C.
6103(l)(13)) of an applicant between an institution of higher
education and the applicant may, with the written consent
of the applicant, include an individual selected by the applicant
(such as an advisor) to participate in such discussion.
‘‘(3) RESTRICTION ON DISCLOSING INFORMATION.—A person
receiving information under paragraph (1)(B) or (2) with respect
to an applicant shall not use the information for any purpose
other than the express purpose for which consent was granted
by the applicant and shall not disclose such information to
any other person without the express permission of, or request
by, the applicant.
‘‘(4) DEFINITIONS.—In this subsection:
‘‘(A) STUDENT AID REPORT.—The term ‘Student Aid
Report’ has the meaning given the term in section 668.2
of title 34, Code of Federal Regulations (or successor regulations).
‘‘(B) WRITTEN CONSENT.—The term ‘written consent’
means a separate, written document that is signed and
dated (which may include by electronic format) by an
applicant, which—
‘‘(i) indicates that the information being disclosed
includes return information disclosed under section
6103(l)(13) of the Internal Revenue Code of 1986 (26
U.S.C. 6103(l)(13)) with respect to the applicant;
‘‘(ii) states the purpose for which the information
is being disclosed; and
‘‘(iii) states that the information may only be used
for the specific purpose and no other purposes.
‘‘(5) RECORD KEEPING REQUIREMENT.—An institution of
higher education shall—
‘‘(A) keep a record of each written consent made under
this subsection for a period of at least 3 years from the
date of the student’s last date of attendance at the institution; and
‘‘(B) make each such record readily available for review
by the Secretary.’’.
(2) CONFORMING AMENDMENT.—Section 494(a)(3) of the
Higher Education Act of 1965 (20 U.S.C. 1098h(a)(3)) is

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Review.

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134 STAT. 3088

PUBLIC LAW 116–260—DEC. 27, 2020
amended by striking ‘‘paragraph (1)(A)(i)’’ both places the term
appears and inserting ‘‘paragraph (1)(A)(i)(I)’’.

20 USC 9622
note.

SEC. 104. RESCHEDULING OF THE NAEP MANDATED BIENNIAL 4TH
AND 8TH GRADE ASSESSMENT AND ALIGNMENT OF THE
MANDATED QUADRENNIAL 12TH GRADE ASSESSMENT.

(a) CURRENT ASSESSMENT ADMINISTRATION RESCHEDULING.—
Notwithstanding any other provision of law and due to the public
health emergency declared by the Secretary of Health and Human
Services under section 319 of the Public Health Service Act (42
U.S.C. 247d) on January 31, 2020, with respect to COVID–19—
(1) the biennial 4th and 8th grade reading and mathematics
assessments scheduled to be conducted during the 2020–2021
school year in accordance with paragraphs (2)(B) and (3)(A)(i)
of section 303(b) of the National Assessment of Educational
Progress Authorization Act (20 U.S.C. 9622(b)) and, as practicable and subject to the discretion of the National Assessment
Governing Board, the Trial Urban District Assessment, shall
be conducted during the 2021–2022 school year; and
(2) the next quadrennial 12th grade reading and mathematics assessments carried out in accordance with section
303(b)(2)(C) of the National Assessment of Educational Progress
Authorization Act (20 U.S.C. 9622(b)(2)(C)) after the date of
enactment of this section, shall be conducted during the 2023–
2024 school year.
(b) FUTURE ASSESSMENT ADMINISTRATION.—In accordance with
section 303(b)(2)(B) of the National Assessment of Educational
Progress Authorization Act (20 U.S.C. 9622(b)(2)(B)), the next
biennial assessments following the 2021–2022 administration, as
authorized under subsection (a), shall occur in the 2023–2024 school
year and, as practicable and subject to the discretion of the National
Assessment Governing Board, the next Trial Urban District Assessment following the 2021–2022 administration, as authorized under
subsection (a), shall occur in the 2023–2024 school year.

TITLE II—PUBLIC LANDS

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Saguaro National
Park Boundary
Expansion Act.
16 USC 410zz
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SEC. 201. SAGUARO NATIONAL PARK BOUNDARY EXPANSION.

(a) SHORT TITLE.—This section may be cited as the ‘‘Saguaro
National Park Boundary Expansion Act’’.
(b) BOUNDARY OF SAGUARO NATIONAL PARK.—Section 4 of the
Saguaro National Park Establishment Act of 1994 (Public Law
103–364; 108 Stat. 3467) is amended—
(1) in subsection (a)—
(A) by inserting ‘‘(1)’’ before ‘‘The boundaries of the
park’’; and
(B) by adding at the end the following:
‘‘(2)(A) The boundaries of the park are further modified
to include approximately 1,152 acres, as generally depicted
on the map titled ‘Saguaro National Park Proposed Boundary
Adjustment’, numbered 151/80,045G, and dated December 2020.
‘‘(B) The map referred to in subparagraph (A) shall be
on file and available for inspection in the appropriate offices
of the National Park Service.’’; and
(2) by striking subsection (b)(2) and inserting the following
new paragraphs:

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 3089

‘‘(2) The Secretary may, with the consent of the State
of Arizona and in accordance with Federal and State law,
acquire land or interests therein owned by the State of Arizona
within the boundary of the park.
‘‘(3) If the Secretary is unable to acquire the State land
under paragraph (2), the Secretary may enter into an agreement with the State that would allow the National Park Service
to manage State land within the boundary of the park.’’.

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SEC. 202. NEW RIVER GORGE NATIONAL PARK AND PRESERVE DESIGNATION.

(a) SHORT TITLE.—This section may be cited as the ‘‘New River
Gorge National Park and Preserve Designation Act’’.
(b) DESIGNATION OF NEW RIVER GORGE NATIONAL PARK AND
NEW RIVER GORGE NATIONAL PRESERVE, WEST VIRGINIA.—
(1) REDESIGNATION.—The New River Gorge National River
established under section 1101 of the National Parks and Recreation Act of 1978 (16 U.S.C. 460m–15) shall be known and
designated as the ‘‘New River Gorge National Park and Preserve’’, consisting of—
(A) the New River Gorge National Park; and
(B) the New River Gorge National Preserve.
(2) NEW RIVER GORGE NATIONAL PARK.—The boundaries
of the New River Gorge National Park referred to in paragraph
(1)(A) shall be the boundaries depicted as ‘‘Proposed National
Park Area’’ on the map entitled ‘‘New River Gorge National
Park and Preserve Proposed Boundary’’, numbered 637/
163,199A, and dated September 2020.
(3) NEW RIVER GORGE NATIONAL PRESERVE; BOUNDARY.—
The boundaries of the New River Gorge National Preserve
referred to in paragraph (1)(B) shall be the boundaries depicted
as ‘‘Proposed National Preserve Area’’ on the map entitled
‘‘New River Gorge National Park and Preserve Proposed
Boundary’’, numbered 637/163,199A, and dated September
2020.
(c) ADMINISTRATION.—
(1) IN GENERAL.—The New River Gorge National Park and
Preserve shall be administered by the Secretary of the Interior
(referred to in this section as the ‘‘Secretary’’) in accordance
with—
(A) this section;
(B) the laws generally applicable to units of the
National Park System, including—
(i) section 100101(a), chapter 1003, and sections
100751(a), 100752, 100753, and 102101 of title 54,
United States Code; and
(ii) chapter 3201 of title 54, United States Code;
and
(C) title XI of the National Parks and Recreation Act
of 1978 (16 U.S.C. 460m–15 et seq.), except that the provisions of section 1106 of that Act (16 U.S.C. 460m–20)
relating to hunting shall not apply to the New River Gorge
National Park.
(2) HUNTING AND FISHING.—
(A) HUNTING.—Hunting within the New River Gorge
National Preserve shall be administered by the Secretary—

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New River Gorge
National Park
and Preserve
Designation Act.
16 USC 410eeee.

PUBL260B

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134 STAT. 3090

PUBLIC LAW 116–260—DEC. 27, 2020
(i) in the same manner as hunting was administered on the day before the date of enactment of this
Act in those portions of the New River Gorge National
River designated as the New River Gorge National
Preserve by subsection (b)(3); and
(ii) in accordance with—
(I) section 1106 of the National Parks and
Recreation Act of 1978 (16 U.S.C. 460m–20); and
(II) other applicable laws.
(B) FISHING.—Fishing within the New River Gorge
National Park and Preserve shall be administered by the
Secretary—
(i) in the same manner as fishing was administered
within the New River Gorge National River on the
day before the date of enactment of this Act; and
(ii) in accordance with—
(I) section 1106 of the National Parks and
Recreation Act of 1978 (16 U.S.C. 460m–20); and
(II) other applicable laws.
(C) PRIVATE LAND.—Nothing in this section prohibits
hunting, fishing, or trapping on private land in accordance
with applicable State and Federal laws.
(3) LAND ACQUISITION.—
(A) ADDITIONAL LAND FOR NATIONAL PRESERVE.—
(i) IN GENERAL.—The Secretary may acquire land
or any interest in land identified as ‘‘Proposed Additional Lands’’ on the map entitled ‘‘New River Gorge
National Park and Preserve Proposed Boundary’’, numbered 637/163,199A, and dated September 2020, by
purchase from a willing seller, donation, or exchange.
(ii) BOUNDARY MODIFICATION.—On acquisition of
any land or interest in land under clause (i), the Secretary shall—
(I) modify the boundary of the New River
Gorge National Preserve to reflect the acquisition;
and
(II) administer the land or interest in land
in accordance with the laws applicable to the New
River Gorge National Preserve.
(B) VISITOR PARKING.—
(i) IN GENERAL.—The Secretary may acquire not
more than 100 acres of land in the vicinity of the
New River Gorge National Park and Preserve by purchase from a willing seller, donation, or exchange to
provide for—
(I) visitor parking; and
(II) improved public access to the New River
Gorge National Park and Preserve.
(ii) ADMINISTRATION.—On acquisition of the land
under clause (i), the acquired land shall be administered as part of the New River Gorge National Park
or the New River Gorge National Preserve, as appropriate.
(4) COMMERCIAL RECREATIONAL WATERCRAFT SERVICES.—
Commercial recreational watercraft services within the New
River Gorge National Park and Preserve shall be administered
by the Secretary in accordance with section 402 of the West

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 3091

Virginia National Interest River Conservation Act of 1987 (16
U.S.C. 460m–15 note; Public Law 100–534).
(5) REFERENCES.—Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
New River Gorge National River shall be considered to be
a reference to the ‘‘New River Gorge National Park’’ or the
‘‘New River Gorge National Preserve’’, as appropriate.
(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated such sums as are necessary to carry out this
section.
SEC. 203. DESIGNATION OF MIRACLE MOUNTAIN.

(a) SHORT TITLE.—This section may be cited as the ‘‘Miracle
Mountain Designation Act’’.
(b) FINDINGS.—Congress finds as follows:
(1) On September 13, 2018, the Bald Mountain Fire burned
nearly 20,000 acres of land in Utah.
(2) Elk Ridge City, located in Utah County, was nearly
the victim of this fire.
(3) Suddenly, the fire halted its progression and, instead
of burning into Elk Ridge City, stayed behind the mountain
and spared the city.
(4) Congress, in acknowledgment of this event, believes
this mountain holds special significance to the residents of
Elk Ridge City and surrounding communities.
(5) The presently unnamed peak has been referred to as
‘‘Miracle Mountain’’ by many residents since the fire that nearly
went into Elk Ridge City.
(c) DESIGNATION.—The mountain in the State of Utah, located
at 39° 59′ 02N, 111° 40′ 12W, shall be known and designated
as ‘‘Miracle Mountain’’.
(d) REFERENCES.—Any reference in a law, map, regulation,
document, record, or other paper of the United States to the mountain described in subsection (c) shall be considered to be a reference
to ‘‘Miracle Mountain’’.

Miracle
Mountain
Designation Act.

TITLE III—FOREIGN RELATIONS AND
DEPARTMENT OF STATE PROVISIONS
Subtitle A—Robert Levinson Hostage Recovery and Hostage-taking Accountability Act
SEC. 301. SHORT TITLE.

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This subtitle may be cited as the ‘‘Robert Levinson Hostage
Recovery and Hostage-Taking Accountability Act’’.

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Robert Levinson
Hostage Recovery
and
Hostage-Taking
Accountability
Act.
22 USC 1741
note.

SEC. 302. ASSISTANCE FOR UNITED STATES NATIONALS UNLAWFULLY
OR WRONGFULLY DETAINED ABROAD.

22 USC 1741.

(a) REVIEW.—The Secretary of State shall review the cases
of United States nationals detained abroad to determine if there
is credible information that they are being detained unlawfully
or wrongfully, based on criteria which may include whether—
(1) United States officials receive or possess credible
information indicating innocence of the detained individual;

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134 STAT. 3092

Determination.

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Determination.

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PUBLIC LAW 116–260—DEC. 27, 2020

(2) the individual is being detained solely or substantially
because he or she is a United States national;
(3) the individual is being detained solely or substantially
to influence United States Government policy or to secure economic or political concessions from the United States Government;
(4) the detention appears to be because the individual
sought to obtain, exercise, defend, or promote freedom of the
press, freedom of religion, or the right to peacefully assemble;
(5) the individual is being detained in violation of the
laws of the detaining country;
(6) independent nongovernmental organizations or journalists have raised legitimate questions about the innocence of
the detained individual;
(7) the United States mission in the country where the
individual is being detained has received credible reports that
the detention is a pretext for an illegitimate purpose;
(8) the individual is detained in a country where the
Department of State has determined in its annual human rights
reports that the judicial system is not independent or impartial,
is susceptible to corruption, or is incapable of rendering just
verdicts;
(9) the individual is being detained in inhumane conditions;
(10) due process of law has been sufficiently impaired so
as to render the detention arbitrary; and
(11) United States diplomatic engagement is likely necessary to secure the release of the detained individual.
(b) REFERRALS TO THE SPECIAL ENVOY.—Upon a determination
by the Secretary of State, based on the totality of the circumstances,
that there is credible information that the detention of a United
States national abroad is unlawful or wrongful, and regardless
of whether the detention is by a foreign government or a nongovernmental actor, the Secretary shall transfer responsibility for such
case from the Bureau of Consular Affairs of the Department of
State to the Special Envoy for Hostage Affairs created pursuant
to section 303.
(c) REPORT.—
(1) ANNUAL REPORT.—
(A) IN GENERAL.—The Secretary of State shall submit
to the appropriate congressional committees an annual
report with respect to United States nationals for whom
the Secretary determines there is credible information of
unlawful or wrongful detention abroad.
(B) FORM.—The report required under this paragraph
shall be submitted in unclassified form, but may include
a classified annex if necessary.
(2) COMPOSITION.—The report required under paragraph
(1) shall include current estimates of the number of individuals
so detained, as well as relevant information about particular
cases, such as—
(A) the name of the individual, unless the provision
of such information is inconsistent with section 552a of
title 5, United States Code (commonly known as the ‘‘Privacy Act of 1974’’);
(B) basic facts about the case;
(C) a summary of the information that such individual
may be detained unlawfully or wrongfully;

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PUBLIC LAW 116–260—DEC. 27, 2020

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(D) a description of specific efforts, legal and diplomatic, taken on behalf of the individual since the last
reporting period, including a description of accomplishments and setbacks; and
(E) a description of intended next steps.
(d) RESOURCE GUIDANCE.—
(1) ESTABLISHMENT.—Not later than 180 days after the
date of the enactment of this Act and after consulting with
relevant organizations that advocate on behalf of United States
nationals detained abroad and the Family Engagement Coordinator established pursuant to section 304(c)(2), the Secretary
of State shall provide resource guidance in writing for government officials and families of unjustly or wrongfully detained
individuals.
(2) CONTENT.—The resource guidance required under paragraph (1) should include—
(A) information to help families understand United
States policy concerning the release of United States
nationals unlawfully or wrongfully held abroad;
(B) contact information for officials in the Department
of State or other government agencies suited to answer
family questions;
(C) relevant information about options available to help
families obtain the release of unjustly or wrongfully
detained individuals, such as guidance on how families
may engage with United States diplomatic and consular
channels to ensure prompt and regular access for the
detained individual to legal counsel, family members,
humane treatment, and other services;
(D) guidance on submitting public or private letters
from members of Congress or other individuals who may
be influential in securing the release of an individual;
and
(E) appropriate points of contacts, such as legal
resources and counseling services, who have a record of
assisting victims’ families.

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Deadline.

SEC. 303. SPECIAL ENVOY FOR HOSTAGE AFFAIRS.

22 USC 1741a.

(a) ESTABLISHMENT.—There shall be a Special Presidential
Envoy for Hostage Affairs, who shall be appointed by the President,
by and with the advice and consent of the Senate, and shall report
to the Secretary of State.
(b) RANK.—The Special Envoy shall have the rank and status
of ambassador.
(c) RESPONSIBILITIES.—The Special Presidential Envoy for Hostage Affairs shall—
(1) lead diplomatic engagement on United States hostage
policy;
(2) coordinate all diplomatic engagements and strategy in
support of hostage recovery efforts, in coordination with the
Hostage Recovery Fusion Cell and consistent with policy guidance communicated through the Hostage Response Group;
(3) in coordination with the Hostage Recovery Fusion Cell
as appropriate, coordinate diplomatic engagements regarding
cases in which a foreign government has detained a United
States national and the United States Government regards
such detention as unlawful or wrongful;

President.

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Coordination.

Coordination.

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134 STAT. 3094

PUBLIC LAW 116–260—DEC. 27, 2020
(4) provide senior representation from the Special Envoy’s
office to the Hostage Recovery Fusion Cell established under
section 304 and the Hostage Response Group established under
section 305; and
(5) ensure that families of United States nationals unlawfully or wrongly detained abroad receive updated information
about developments in cases and government policy.

22 USC 1741b.

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Coordination.

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SEC. 304. HOSTAGE RECOVERY FUSION CELL.

(a) ESTABLISHMENT.—The President shall establish an interagency Hostage Recovery Fusion Cell.
(b) PARTICIPATION.—The President shall direct the heads of
each of the following executive departments, agencies, and offices
to make available personnel to participate in the Hostage Recovery
Fusion Cell:
(1) The Department of State.
(2) The Department of the Treasury.
(3) The Department of Defense.
(4) The Department of Justice.
(5) The Office of the Director of National Intelligence.
(6) The Federal Bureau of Investigation.
(7) The Central Intelligence Agency.
(8) Other agencies as the President, from time to time,
may designate.
(c) PERSONNEL.—The Hostage Recovery Fusion Cell shall
include—
(1) a Director, who shall be a full-time senior officer or
employee of the United States Government;
(2) a Family Engagement Coordinator who shall—
(A) work to ensure that all interactions by executive
branch officials with a hostage’s family occur in a coordinated fashion and that the family receives consistent and
accurate information from the United States Government;
and
(B) if directed, perform the same function as set out
in subparagraph (A) with regard to the family of a United
States national who is unlawfully or wrongfully detained
abroad; and
(3) other officers and employees as deemed appropriate
by the President.
(d) DUTIES.—The Hostage Recovery Fusion Cell shall—
(1) coordinate efforts by participating agencies to ensure
that all relevant information, expertise, and resources are
brought to bear to secure the safe recovery of United States
nationals held hostage abroad;
(2) if directed, coordinate the United States Government’s
response to other hostage-takings occurring abroad in which
the United States has a national interest;
(3) if directed, coordinate or assist the United States
Government’s response to help secure the release of United
States nationals unlawfully or wrongfully detained abroad; and
(4) pursuant to policy guidance coordinated through the
National Security Council—
(A) identify and recommend hostage recovery options
and strategies to the President through the National Security Council or the Deputies Committee of the National
Security Council;

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134 STAT. 3095

(B) coordinate efforts by participating agencies to
ensure that information regarding hostage events,
including potential recovery options and engagements with
families and external actors (including foreign governments), is appropriately shared within the United States
Government to facilitate a coordinated response to a hostage-taking;
(C) assess and track all hostage-takings of United
States nationals abroad and provide regular reports to
the President and Congress on the status of such cases
and any measures being taken toward the hostages’ safe
recovery;
(D) provide a forum for intelligence sharing and, with
the support of the Director of National Intelligence, coordinate the declassification of relevant information;
(E) coordinate efforts by participating agencies to provide appropriate support and assistance to hostages and
their families in a coordinated and consistent manner and
to provide families with timely information regarding
significant events in their cases;
(F) make recommendations to agencies in order to
reduce the likelihood of United States nationals’ being
taken hostage abroad and enhance United States Government preparation to maximize the probability of a favorable
outcome following a hostage-taking; and
(G) coordinate with agencies regarding congressional,
media, and other public inquiries pertaining to hostage
events.
(e) ADMINISTRATION.—The Hostage Recovery Fusion Cell shall
be located within the Federal Bureau of Investigation for administrative purposes.

Coordination.

SEC. 305. HOSTAGE RESPONSE GROUP.

22 USC 1741c.

(a) ESTABLISHMENT.—The President shall establish a Hostage
Response Group, chaired by a designated member of the National
Security Council or the Deputies Committee of the National Security
Council, to be convened on a regular basis, to further the safe
recovery of United States nationals held hostage abroad or unlawfully or wrongfully detained abroad, and to be tasked with coordinating the United States Government response to other hostagetakings occurring abroad in which the United States has a national
interest.
(b) MEMBERSHIP.—The regular members of the Hostage
Response Group shall include the Director of the Hostage Recovery
Fusion Cell, the Hostage Recovery Fusion Cell’s Family Engagement
Coordinator, the Special Envoy appointed pursuant to section 303,
and representatives from the Department of the Treasury, the
Department of Defense, the Department of Justice, the Federal
Bureau of Investigation, the Office of the Director of National
Intelligence, the Central Intelligence Agency, and other agencies
as the President, from time to time, may designate.
(c) DUTIES.—The Hostage Recovery Group shall—
(1) identify and recommend hostage recovery options and
strategies to the President through the National Security
Council;

President.
Coordination.

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Assessment.

Recommendations.

Coordination.

Recommendation.

PUBL260B

134 STAT. 3096

(2) coordinate the development and implementation of
United States hostage recovery policies, strategies, and procedures;
(3) receive regular updates from the Hostage Recovery
Fusion Cell and the Special Envoy for Hostage Affairs on the
status of United States nationals being held hostage or unlawfully or wrongfully detained abroad and measures being taken
to effect safe recoveries;
(4) coordinate the provision of policy guidance to the Hostage Recovery Fusion Cell, including reviewing recovery options
proposed by the Hostage Recovery Fusion Cell and working
to resolve disputes within the Hostage Recovery Fusion Cell;
(5) as appropriate, direct the use of resources at the Hostage Recovery Fusion Cell to coordinate or assist in the safe
recovery of United States nationals unlawfully or wrongfully
detained abroad; and
(6) as appropriate, direct the use of resources at the Hostage Recovery Fusion Cell to coordinate the United States
Government response to other hostage-takings occurring abroad
in which the United States has a national interest.
(d) MEETINGS.—The Hostage Response Group shall meet regularly.
(e) REPORTING.—The Hostage Response Group shall regularly
provide recommendations on hostage recovery options and strategies
to the National Security Council.

Coordination.

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PUBLIC LAW 116–260—DEC. 27, 2020

22 USC 1741d.

SEC. 306. AUTHORIZATION OF IMPOSITION OF SANCTIONS.

President.
Determination.

(a) IN GENERAL.—The President may impose the sanctions
described in subsection (b) with respect to any foreign person the
President determines, based on credible evidence—
(1) is responsible for or is complicit in, or responsible for
ordering, controlling, or otherwise directing, the hostage-taking
of a United States national abroad or the unlawful or wrongful
detention of a United States national abroad; or
(2) knowingly provides financial, material, or technological
support for, or goods or services in support of, an activity
described in paragraph (1).
(b) SANCTIONS DESCRIBED.—The sanctions described in this
subsection are the following:
(1) INELIGIBILITY FOR VISAS, ADMISSION, OR PAROLE.—
(A) VISAS, ADMISSION, OR PAROLE.—An alien described
in subsection (a) may be—
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other documentation to enter the United States; and
(iii) otherwise ineligible to be admitted or paroled
into the United States or to receive any other benefit
under the Immigration and Nationality Act (8 U.S.C.
1101 et seq.).
(B) CURRENT VISAS REVOKED.—
(i) IN GENERAL.—An alien described in subsection
(a) may be subject to revocation of any visa or other
entry documentation regardless of when the visa or
other entry documentation is or was issued.
(ii) IMMEDIATE EFFECT.—A revocation under clause
(i) may—
(I) take effect immediately; and

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 3097

(II) cancel any other valid visa or entry documentation that is in the alien’s possession.
(2) BLOCKING OF PROPERTY.—
(A) IN GENERAL.—The President may exercise all of
the powers granted to the President under the International Emergency Economic Powers Act (50 U.S.C. 1701
et seq.), to the extent necessary to block and prohibit
all transactions in property and interests in property of
a foreign person described in subsection (a) if such property
and interests in property are in the United States, come
within the United States, or are or come within the possession or control of a United States person.
(B) INAPPLICABILITY OF NATIONAL EMERGENCY REQUIREMENT.—The requirements of section 202 of the International Emergency Economic Powers Act (50 U.S.C. 1701)
shall not apply for purposes of this section.
(c) EXCEPTIONS.—
(1) EXCEPTION FOR INTELLIGENCE ACTIVITIES.—Sanctions
under this section shall not apply to any activity subject to
the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized
intelligence activities of the United States.
(2) EXCEPTION TO COMPLY WITH INTERNATIONAL OBLIGATIONS AND FOR LAW ENFORCEMENT ACTIVITIES.—Sanctions under
subsection (b)(1) shall not apply with respect to an alien if
admitting or paroling the alien into the United States is necessary—
(A) to permit the United States to comply with the
Agreement regarding the Headquarters of the United
Nations, signed at Lake Success June 26, 1947, and entered
into force November 21, 1947, between the United Nations
and the United States, or other applicable international
obligations; or
(B) to carry out or assist law enforcement activity
in the United States.
(d) PENALTIES.—A person that violates, attempts to violate,
conspires to violate, or causes a violation of subsection (b)(2) or
any regulation, license, or order issued to carry out that subsection
shall be subject to the penalties set forth in subsections (b) and
(c) of section 206 of the International Emergency Economic Powers
Act (50 U.S.C. 1705) to the same extent as a person that commits
an unlawful act described in subsection (a) of that section.
(e) TERMINATION OF SANCTIONS.—The President may terminate
the application of sanctions under this section with respect to
a person if the President determines that—
(1) information exists that the person did not engage in
the activity for which sanctions were imposed;
(2) the person has been prosecuted appropriately for the
activity for which sanctions were imposed;
(3) the person has credibly demonstrated a significant
change in behavior, has paid an appropriate consequence for
the activity for which sanctions were imposed, and has credibly
committed to not engage in an activity described in subsection
(a) in the future; or
(4) the termination of the sanctions is in the national
security interests of the United States.

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President.

President.
Determination.

PUBL260B

134 STAT. 3098

(f) REPORTING REQUIREMENT.—If the President terminates
sanctions pursuant to subsection (d), the President shall report
to the appropriate congressional committees a written justification
for such termination within 15 days.
(g) IMPLEMENTATION OF REGULATORY AUTHORITY.—The President may exercise all authorities provided under sections 203 and
205 of the International Emergency Economic Powers Act (50 U.S.C.
1702 and 1704) to carry out this section.
(h) EXCEPTION RELATING TO IMPORTATION OF GOODS.—
(1) IN GENERAL.—The authorities and requirements to
impose sanctions authorized under this subtitle shall not
include the authority or a requirement to impose sanctions
on the importation of goods.
(2) GOOD DEFINED.—In this paragraph, the term ‘‘good’’
means any article, natural or manmade substance, material,
supply or manufactured product, including inspection and test
equipment, and excluding technical data.
(i) DEFINITIONS.—In this section:
(1) FOREIGN PERSON.—The term ‘‘foreign person’’ means—
(A) any citizen or national of a foreign country
(including any such individual who is also a citizen or
national of the United States); or
(B) any entity not organized solely under the laws
of the United States or existing solely in the United States.
(2) UNITED STATES PERSON.—The term ‘‘United States person’’ means—
(A) an individual who is a United States citizen or
an alien lawfully admitted for permanent residence to the
United States;
(B) an entity organized under the laws of the United
States or any jurisdiction within the United States,
including a foreign branch of such an entity; or
(C) any person in the United States.

President.

President.

22 USC 1741e.

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PUBLIC LAW 116–260—DEC. 27, 2020

SEC. 307. DEFINITIONS.

In this Act:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘‘appropriate congressional committees’’ means—
(A) the Committee on Foreign Relations, the Committee on Appropriations, the Committee on Banking,
Housing, and Urban Affairs, the Committee on the
Judiciary, the Committee on Armed Services, and the Select
Committee on Intelligence of the United States Senate;
and
(B) the Committee on Foreign Affairs, the Committee
on Appropriations, the Committee on Financial Services,
the Committee on the Judiciary, the Committee on Armed
Services, and the Permanent Select Committee on Intelligence of the House of Representatives.
(2) UNITED STATES NATIONAL.—The term ‘‘United States
national’’ means—
(A) a United States national as defined in section
101(a)(22) or section 308 of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22), 8 U.S.C. 1408); and
(B) a lawful permanent resident alien with significant
ties to the United States.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 3099

SEC. 308. RULE OF CONSTRUCTION.

22 USC 1741f.

Nothing in this Act may be construed to authorize a private
right of action.

Subtitle B—Taiwan Assurance Act of 2020
SEC. 311. SHORT TITLE.

This subtitle may be cited as the ‘‘Taiwan Assurance Act of
2020’’.

Taiwan
Assurance Act
of 2020.
22 USC 3301
note.

SEC. 312. FINDINGS.

Congress makes the following findings:
(1) April 10, 2019, marked the 40th anniversary of the
Taiwan Relations Act of 1979 (Public Law 96–8).
(2) Since 1949, the close relationship between the United
States and Taiwan has benefitted both parties and the broader
Indo-Pacific region.
(3) The security of Taiwan and its democracy are key
elements of continued peace and stability of the greater IndoPacific region, which is in the political, security, and economic
interests of the United States.
(4) The People’s Republic of China is currently engaged
in a comprehensive military modernization campaign to
enhance the power-projection capabilities of the People’s Liberation Army and its ability to conduct joint operations, which
is shifting the military balance of power across the Taiwan
Strait.
(5) Taiwan and its diplomatic partners continue to face
sustained pressure and coercion from the People’s Republic
of China, which seeks to isolate Taiwan from the international
community.
(6) It is the policy of the United States to reinforce its
commitments to Taiwan under the Taiwan Relations Act in
a manner consistent with the ‘‘Six Assurances’’ and in accordance with the United States ‘‘One China’’ policy.
(7) In the Taiwan Travel Act, which became law on March
16, 2018, Congress observed that the ‘‘self-imposed restrictions
that the United States maintains on high-level visits’’ between
the United States and Taiwan have resulted in insufficient
high-level communication.

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SEC. 313. SENSE OF CONGRESS.

It is the sense of Congress that—
(1) Taiwan is a vital part of the United States Free and
Open Indo-Pacific Strategy;
(2) the United States Government—
(A) supports Taiwan’s continued pursuit of asymmetric
capabilities and concepts; and
(B) urges Taiwan to increase its defense spending in
order to fully resource its defense strategy; and
(3) the United States should conduct regular sales and
transfers of defense articles to Taiwan in order to enhance
its self-defense capabilities, particularly its efforts to develop
and integrate asymmetric capabilities, including undersea warfare and air defense capabilities, into its military forces.

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134 STAT. 3100
22 USC 3301
note.

PUBLIC LAW 116–260—DEC. 27, 2020

SEC. 314. TAIWAN’S INCLUSION IN INTERNATIONAL ORGANIZATIONS.

(a) SENSE OF CONGRESS.—It is the sense of Congress that
the People’s Republic of China’s attempts to dictate the terms
of Taiwan’s participation in international organizations, has, in
many cases, resulted in Taiwan’s exclusion from such organizations
even when statehood is not a requirement, and that such exclusion—
(1) is detrimental to global health, civilian air safety, and
efforts to counter transnational crime;
(2) negatively impacts the safety and security of citizens
globally; and
(3) negatively impacts the security of Taiwan and its democracy.
(b) STATEMENT OF POLICY.—It is the policy of the United States
to advocate for Taiwan’s meaningful participation in the United
Nations, the World Health Assembly, the International Civil Aviation Organization, the International Criminal Police Organization,
and other international bodies, as appropriate, and to advocate
for Taiwan’s membership in the Food and Agriculture Organization,
the United Nations Educational, Scientific and Cultural Organization, and other international organizations for which statehood
is not a requirement for membership.
SEC. 315. REVIEW OF DEPARTMENT OF STATE TAIWAN GUIDELINES.

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(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of State shall conduct
a review of the Department of State’s guidance that governs relations with Taiwan, including the periodic memorandum entitled
‘‘Guidelines on Relations with Taiwan’’ and related documents, and
reissue such guidance to executive branch departments and agencies.
(b) SENSE OF CONGRESS.—It is the sense of Congress that
the Department of State’s guidance regarding relations with
Taiwan—
(1) should be crafted with the intent to deepen and expand
United States-Taiwan relations, and be based on the value,
merits, and importance of the United States-Taiwan relationship;
(2) should be crafted giving due consideration to the fact
that Taiwan is governed by a representative democratic government that is peacefully constituted through free and fair elections that reflect the will of the people of Taiwan, and that
Taiwan is a free and open society that respects universal human
rights and democratic values; and
(3) should ensure that the conduct of relations with Taiwan
reflects the longstanding, comprehensive, and values-based
relationship the United States shares with Taiwan, and contribute to the peaceful resolution of cross-strait issues.
(c) REPORTING REQUIREMENTS.—Not later than 180 days after
the date of the enactment of this Act, the Secretary of State shall
submit to the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of Representatives
a report that includes a description of—
(1) the results of the review pursuant to subsection (a)
of the Department of State’s guidance on relations with Taiwan,
including a copy of the reissued ‘‘Guidelines of Relations with
Taiwan’’ memorandum; and

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 3101

(2) the implementation of the Taiwan Travel Act (Public
Law 115–135) and any changes to guidance on relations with
Taiwan that are the result of such implementation.

Subtitle C—Support for Human Rights in
Belarus
SEC. 321. SHORT TITLE.

This subtitle may be cited as the ‘‘Belarus Democracy, Human
Rights, and Sovereignty Act of 2020’’.

Belarus
Democracy,
Human Rights,
and Sovereignty
Act of 2020.
22 USC 5801
note.

SEC. 322. FINDINGS.

Section 2 of the Belarus Democracy Act of 2004 (Public Law
109–480; 22 U.S.C. 5811 note) is amended to read as follows:

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‘‘SEC. 2. FINDINGS.

‘‘Congress finds the following:
‘‘(1) The International Covenant on Civil and Political
Rights, done at New York December 19, 1966, was ratified
by Belarus in 1973, guaranteeing Belarusians the freedom of
expression and the freedom of association.
‘‘(2) Alyaksandr Lukashenka has ruled Belarus as an
undemocratic dictatorship since the first presidential election
in Belarus in 1994.
‘‘(3) Subsequent presidential elections in Belarus have been
neither free nor fair and have been rejected by the international
community as not meeting minimal electoral standards, with
the jailing of opposition activists frequently used as a tool
of government repression before and after the elections.
‘‘(4) In response to the repression and violence during the
2006 presidential election, Congress passed the Belarus Democracy Reauthorization Act of 2006 (Public Law 109–480).
‘‘(5) In 2006, President George W. Bush issued Executive
Order 13405, titled ‘Blocking Property of Certain Persons
Undermining Democratic Processes or Institutions in Belarus’,
which authorized the imposition of sanctions against persons
responsible for—
‘‘(A) undermining democratic processes in Belarus; or
‘‘(B) participating in human rights abuses related to
political repression in Belarus.
‘‘(6) In March 2011, the Senate unanimously passed Senate
Resolution 105, which—
‘‘(A) condemned the December 2010 election in Belarus
as ‘illegitimate, fraudulent, and not representative of the
will or the aspirations of the voters in Belarus’; and
‘‘(B) called on the Lukashenka regime ‘to immediately
and unconditionally release all political prisoners in
Belarus who were arrested in association with the
December 19, 2010, election’.
‘‘(7) The Government of Belarus, led illegally by Alyaksandr
Lukashenka, continues to engage in a pattern of clear and
persistent violations of human rights and fundamental freedoms.
‘‘(8) The Government of Belarus, led illegally by Alyaksandr
Lukashenka, continues to engage in a pattern of clear and

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134 STAT. 3102

PUBLIC LAW 116–260—DEC. 27, 2020
uncorrected violations of basic principles of democratic governance, including through a series of fundamentally flawed presidential and parliamentary elections undermining the legitimacy
of executive and legislative authority in that country.
‘‘(9) The Government of Belarus, led illegally by Alyaksandr
Lukashenka, continues to subject thousands of pro-democracy
political activists and peaceful protesters to harassment,
beatings, and imprisonment, particularly as a result of their
attempts to peacefully exercise their right to freedom of
assembly and association.
‘‘(10) The Government of Belarus, led illegally by
Alyaksandr Lukashenka, continues to suppress independent
media and journalists and to restrict access to the internet,
including social media and other digital communication platforms, in violation of the right to freedom of speech and expression of those dissenting from the dictatorship of Alyaksandr
Lukashenka.
‘‘(11) The Government of Belarus, led illegally by
Alyaksandr Lukashenka, continues a systematic campaign of
harassment, repression, and closure of nongovernmental
organizations, including independent trade unions and entrepreneurs, creating a climate of fear that inhibits the development of civil society and social solidarity.
‘‘(12) The Government of Belarus, led illegally by
Alyaksandr Lukashenka, has pursued a policy undermining
the country’s sovereignty and independence by making Belarus
political, economic, cultural, and societal interests subservient
to those of Russia.
‘‘(13) The Government of Belarus, led illegally by
Alyaksandr Lukashenka, continues to reduce the independence
of Belarus through integration into a so-called ‘Union State’
that is under the control of Russia.
‘‘(14) In advance of the August 2020 presidential elections
in Belarus, authorities acting on behalf of President
Lukashenka arrested journalists, bloggers, political activists,
and opposition leaders, including 3 leading presidential candidates (Syarhey Tsikhanouski, Mikalay Statkevich, and Viktar
Babaryka), who were barred from running in the election by
the Central Election Commission of the Republic of Belarus.
‘‘(15) While the 3 opposition candidates were imprisoned,
2 of their wives and 1 of their campaign managers (Sviatlana
Tsikhanouskaya, Veranika Tsepkala, and Maria Kalesnikava)
joined together and ran in place of the candidates.
‘‘(16) Thousands of Belarusian people demonstrated their
support for these candidates by attending rallies, including
1 rally that included an estimated 63,000 participants.
‘‘(17) On August, 5, 2020, the Senate unanimously passed
Senate Resolution 658, which calls for a free, fair, and transparent presidential election in Belarus, including the
unimpeded participation of all presidential candidates.
‘‘(18) On August 9, 2020, the Government of Belarus conducted a presidential election that—
‘‘(A) was held under undemocratic conditions that did
not meet international standards;
‘‘(B) involved government malfeasance and serious
irregularities with ballot counting and the reporting of
election results, including—

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134 STAT. 3103

‘‘(i) early voting ballot stuffing;
‘‘(ii) ballot burning;
‘‘(iii) pressuring poll workers; and
‘‘(iv) removing bags full of ballots by climbing out
of windows;
‘‘(C) included restrictive measures that impeded the
work of local independent observers and did not provide
sufficient notice to the OSCE to allow for the OSCE to
monitor the elections, as is customary.
‘‘(19) Incumbent president Alyaksandr Lukashenka
declared a landslide victory in the election and claimed to
have received more than 80 percent of the votes cast in the
election.
‘‘(20) The leading opposition candidate, Sviatlana
Tsikhanouskaya—
‘‘(A) formally disputed the government’s reported election results;
‘‘(B) explained that her staff had examined the election
results from more than 50 polling places; and
‘‘(C) found that her share of the vote exceeded
Lukashenka’s share by many times.
‘‘(21) On August 10, 2020, Sviatlana Tsikhanouskaya was
detained while attending a meeting with the Central Election
Commission of the Republic of Belarus and forced to flee to
Lithuania under pressure from government authorities.
‘‘(22) On August 11, 2020, Lithuanian Foreign Minister
Linas Linkevicˇius announced that Sviatlana Tsikhanouskaya
was safe in Lithuania and has continued to be one of the
strongest voices supporting the pro-democracy movement in
Belarus within the European Union and globally.
‘‘(23) On August 18, 2020, Sviatlana Tsikhanouskaya
announced the formation of a Coordination Council to oversee
a resolution to the crisis in Belarus and a peaceful transition
of power by subjecting the Council’s senior members to violence,
detention, and forced exile. The Government of Belarus, led
illegally by Alyaksandr Lukashenka, has sought to stop the
work of the Coordination Council.
‘‘(24) Before the European Parliament on August 25, 2020,
Sviatlana Tsikhanouskaya stressed that a ‘peaceful revolution’
was underway in Belarus, and that ‘It is neither a pro-Russian
nor anti-Russian revolution. It is neither an anti-European
Union nor a pro-European Union revolution. It is a democratic
revolution.’.
‘‘(25) On or around September 6, 2020, opposition leader
Maria Kalesnikava and members of the Coordination Council,
including Anton Ronenkov, Ivan Kravtsov, and Maxim
Bogretsov, were detained by authorities who sought to forcibly
expel them to Ukraine. Ms. Kalesnikava tore up her passport
at the Ukrainian border in a successful effort to prevent this
expulsion, subsequently disappeared, and was discovered in
a Minsk prison on September 9, 2020.
‘‘(26) On August 11, 2020, the European Union High Representative for Foreign and Security Policy, Josep Borrell,
issued a declaration on the presidential election in Belarus
stating that the elections were neither free nor fair.

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134 STAT. 3104

PUBLIC LAW 116–260—DEC. 27, 2020
‘‘(27) On August 28, 2020, United States Deputy Secretary
of State Stephen Biegun declared that the August 9th election
in Belarus was fraudulent.
‘‘(28) Following Alyaksandr Lukashenka’s September 23,
2020, secret inauguration, the United States, the European
Union, numerous European Union member states, the United
Kingdom, and Canada announced that they did not recognize
Mr. Lukashenka as the legitimately elected leader of Belarus.
‘‘(29) Since the sham election on August 9, 2020, tens
of thousands of Belarusian citizens have participated in daily
peaceful protests calling for a new, free, and fair election,
and the release of political prisoners.
‘‘(30) According to Amnesty International, on August 30,
2020, Belarusians held one of the largest protest rallies in
the country’s modern history in Minsk and in other cities,
which was attended by at least 100,000 people who demanded
the resignation of President Lukashenka and an investigation
into the human rights violations in Belarus.
‘‘(31) Women have served as the leading force in demonstrations across the country, protesting the police brutality and
mass detentions by wearing white, carrying flowers, forming
‘solidarity chains’, and unmasking undercover police trying to
arrest demonstrators.
‘‘(32) The Government of Belarus has responded to the
peaceful opposition protests, which are the largest in Belarus
history, with a violent crackdown, including, according to the
United Nations Special Rapporteur, the detention by government authorities of more than 10,000 peaceful protestors as
of September 18, 2020, mostly for taking part in or observing
peaceful protests, with many of these arrests followed by
beatings and torture at the hands of Belarusian law enforcement.
‘‘(33) According to the Viasna Human Rights Centre, at
least 450 detainees have reported being tortured or otherwise
ill-treated while held in incommunicado detention for up to
10 days, including through—
‘‘(A) severe beatings;
‘‘(B) forced performance of humiliating acts; and
‘‘(C) sexual violence and other forms of violence.
‘‘(34) At least 4 Belarusians have been killed at protests,
and dozens of Belarusians who were detained during the protests are still missing.
‘‘(35) The Belarus Ministry of Defense threatened to send
the army to confront protestors, warning that in case of any
violation of peace and order in areas around national monuments, ‘you will have the army to deal with now, not the
police’.
‘‘(36) The Government of Belarus, led illegally by
Alyaksandr Lukashenka, has consistently restricted the free
flow of information to silence the opposition and to conceal
the regime’s violent crackdown on peaceful protestors, including
by—
‘‘(A) stripping the accreditation of journalists from
major foreign news outlets;
‘‘(B) detaining and harassing countless journalists.
‘‘(C) arresting dozens of journalists, 6 of whom report
for Radio Free Europe/Radio Liberty;

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134 STAT. 3105

‘‘(D) halting the publishing of 2 independent newspapers; and
‘‘(E) disrupting internet access;
‘‘(F) blocking more than 50 news websites that were
covering the protests; and
‘‘(G) limiting access to social media and other digital
communication platforms.
‘‘(37) Internet access in Belarus has been repeatedly disrupted and restricted since August 9, 2020, which independent
experts and monitoring groups have attributed to government
interference.
‘‘(38) Thousands of employees at Belarusian state-owned
enterprises, who have been seen as Alyaksandr Lukashenka’s
traditional base during his 26-year rule, went on strike across
the country to protest Lukashenka’s illegitimate election and
the subsequent crackdowns, including at some of Belarus’s
largest factories such as the BelAZ truck plant, the Minsk
Tractor Works, and the Minsk Automobile Plant.
‘‘(39) After the employees of state media outlets walked
off the job in protest rather than help report misleading government propaganda, Lukashenka confirmed that he ‘asked the
Russians’ to send teams of Russian journalists to replace local
employees.
‘‘(40) On August 19, 2020, European Council President
Charles Michel announced that the European Union would
impose sanctions on a substantial number of individuals responsible for violence, repression, and election fraud in Belarus.
‘‘(41) On October 2, 2020, the Department of Treasury
announced new sanctions under Executive Order 13405 on
eight individuals ‘for their roles in the fraudulent August 9,
2020 Belarus presidential election or the subsequent violent
crackdown on peaceful protesters’.
‘‘(42) Similar sanctions have also been applied to Belarusian
human rights violators by the Government of Canada and
the Government of the United Kingdom.
‘‘(43) Against the will of the majority of the Belarusian
people—
‘‘(A) Alyaksandr Lukashenka appealed to Russian
President Vladimir Putin to provide security assistance
to his government, if requested; and
‘‘(B) President Putin has agreed to prop up the
Alyaksandr Lukashenka regime by—
‘‘(i) confirming that a Russian police force was
ready to be deployed if ‘the situation gets out of control’;
‘‘(ii) providing significant financial support; and
‘‘(iii) sending Russian propagandists to help
disseminate pro-regime propaganda on Belarus state
television.
‘‘(44) The Governments of the United States, the European
Union, the United Kingdom, and Canada have—
‘‘(A) condemned the violent crackdown on peaceful
protestors;
‘‘(B) refused to accept the results of the fraudulent
election; and
‘‘(C) called for new free and fair elections under independent observation.’’.

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134 STAT. 3106

PUBLIC LAW 116–260—DEC. 27, 2020

SEC. 323. STATEMENT OF POLICY.

Section 3 of the Belarus Democracy Act of 2004 (Public Law
109–480; 22 U.S.C. 5811 note) is amended to read as follows:
‘‘SEC. 3. STATEMENT OF POLICY.

‘‘It is the policy of the United States—
‘‘(1) to condemn—
‘‘(A) the conduct of the August 9, 2020, presidential
election in Belarus, which was neither free nor fair;
‘‘(B) the Belarusian authorities’ unrelenting crackdown
on, arbitrary arrests of, and violence against opposition
candidates, peaceful protestors, human rights activists,
employees from state-owned enterprises participating in
strikes, independent election observers, and independent
journalists and bloggers; and
‘‘(C) the unjustified detention and forced or attempted
expulsion of members of the Coordination Council in
Belarus;
‘‘(2) to continue demanding the immediate release without
preconditions of all political prisoners in Belarus and those
arrested for peacefully protesting, including all those individuals detained in connection with the August 9, 2020, presidential election;
‘‘(3) to stand in solidarity with the people of Belarus,
including human rights defenders, bloggers, and journalists,
who are exercising their right to freedom of assembly, freedom
of expression, and rule of law and to continue supporting the
aspirations of the people of Belarus for democracy, human
rights, and the rule of law;
‘‘(4) to continue actively supporting the aspirations of the
people of the Republic of Belarus—
‘‘(A) to preserve the independence and sovereignty of
their country; and
‘‘(B) to freely exercise their religion, including the head
of the Catholic Church in Belarus, Archbishop Tadeusz
Kondrusiewicz, who was barred from entering the country
after criticizing Belarusian authorities;
‘‘(5) to recognize the leading role of women in the peaceful
protests and pro-democracy movement in Belarus;
‘‘(6) to continue—
‘‘(A) rejecting the invalid results of the fraudulent
August 9, 2020 presidential election in Belarus announced
by the Central Election Commission of the Republic of
Belarus; and
‘‘(B) supporting calls for new presidential and parliamentary elections, conducted in a manner that is free
and fair according to OSCE standards and under the supervision of OSCE observers and independent domestic
observers;
‘‘(7) to refuse to recognize Alyaksandr Lukashenka as the
legitimately elected leader of Belarus;
‘‘(8) to not recognize any incorporation of Belarus into a
‘Union State’ with Russia, since this so-called ‘Union State’
would be both an attempt to absorb Belarus and a step to
reconstituting the totalitarian Soviet Union;
‘‘(9) to continue calling for the fulfillment by the Government of Belarus of Belarus’s freely undertaken obligations as

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Alyaksandr
Lukashenka.

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134 STAT. 3107

an OSCE participating state and as a signatory of the Charter
of the United Nations;
‘‘(10) to support an OSCE role in mediating a dialogue
within Belarus between the government and genuine representatives of Belarusian society;
‘‘(11) to recognize the Coordination Council as a legitimate
institution to participate in a dialogue on a peaceful transition
of power;
‘‘(12) to applaud the commitment by foreign diplomats in
Minsk to engage with Coordination Council member and Nobel
Laureate, Svetlana Alexievich, and to encourage an ongoing
dialogue with her and with other leaders of the democraticallyoriented political opposition in Belarus;
‘‘(13) to urge an expanded United States diplomatic presence in Belarus to advocate for the aspirations of the people
of Belarus for democracy, human rights, and the rule of law;
‘‘(14) to encourage the United States Government—
‘‘(A) to continue working closely with the European
Union, the United Kingdom, Canada, and other countries
and international organizations to promote the principles
of democracy, the rule of law, and human rights in Belarus;
and
‘‘(B) to impose targeted sanctions, in coordination with
the European Union and other international partners,
against officials in Belarus who are responsible for—
‘‘(i) undermining democratic processes in Belarus;
or
‘‘(ii) participating in human rights abuses related
to political repression in Belarus;
‘‘(15) to call on the Government of Belarus to uphold its
human rights obligations, including those rights enumerated
in the International Covenant on Civil and Political Rights;
and
‘‘(16) to support—
‘‘(A) the continued territorial integrity of Belarus; and
‘‘(B) the right of the Belarusian people to determine
their future.’’.

Coordination.

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SEC. 324. ASSISTANCE TO PROMOTE DEMOCRACY, CIVIL SOCIETY, AND
SOVEREIGNTY IN BELARUS.

Section 4 of the Belarus Democracy Act of 2004 (Public Law
109–480; 22 U.S.C. 5811 note) is amended—
(1) by amending the section heading to read as follows:
‘‘assistance to promote democracy, civil society, and sovereignty in belarus.’’;
(2) in subsection (a)—
(A) in paragraph (1), by striking ‘‘European’’ and
inserting ‘‘Trans-Atlantic’’; and
(B) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and
(C) by inserting after paragraph (1) the following:
‘‘(2) To assist the people of Belarus in building the sovereignty and independence of their country.’’;
(3) in subsection (b)—
(A) by inserting ‘‘and Belarusian groups outside of
Belarus’’ after ‘‘indigenous Belarusian groups’’; and
(B) by inserting ‘‘and Belarusian sovereignty’’ before
the period at the end;

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PUBLIC LAW 116–260—DEC. 27, 2020

(4) in subsection (c)—
(A) by striking paragraph (8);
(B) by redesignating paragraphs (3) through (7) as
paragraphs (4) through (8), respectively;
(C) by inserting after paragraph (2) the following:
‘‘(3) countering internet censorship and repressive surveillance technology that seek to limit free association, control
access to information, and prevent citizens from exercising their
rights to free speech;’’;
(D) in paragraph (8), as redesignated, by striking ‘‘and’’
at the end; and
(E) by adding at the end the following:
‘‘(9) supporting the work of women advocating freedom,
human rights, and human progress;
‘‘(10) supporting the development of Belarusian language
education;
‘‘(11) enhancing the development of the private sector,
particularly the information technology sector, and its role in
the economy of Belarus, including by increasing the capacity
of private sector actors, developing business support organizations, offering entrepreneurship training, and expanding access
to finance for small and medium enterprises;
‘‘(12) supporting political refugees in neighboring European
countries fleeing the crackdown in Belarus;
‘‘(13) supporting the gathering of evidence on and investigating of the human rights abuses in Belarus;
‘‘(14) supporting the public health response, including
filling the information void, in Belarus during the COVID–
19 pandemic; and
‘‘(15) other activities consistent with the purposes of this
Act.’’;
(5) by redesignating subsection (d) as subsection (g);
(6) by inserting after subsection (c) the following:
‘‘(d) SENSE OF CONGRESS.—It is the sense of Congress that,
in light of the political crisis in Belarus and the unprecedented
mobilization of the Belarusian people, United States foreign assistance to Belarusian civil society should be reevaluated and
increased—
‘‘(1) to carry out the purposes described in subsection (a);
and
‘‘(2) to include the activities described in subsection (c).
‘‘(e) COORDINATION WITH EUROPEAN PARTNERS.—In order to
maximize impact, eliminate duplication, and further the achievement of the purposes described in subsection (a), the Secretary
of State shall ensure coordination with the European Union and
its institutions, the governments of countries that are members
of the European Union, the United Kingdom, and Canada.
‘‘(f) REPORT ON ASSISTANCE.—Not later than 1 year after the
date of the enactment of the Belarus Democracy, Human Rights,
and Sovereignty Act of 2020, the Secretary of State, acting through
the Office of the Coordinator of U.S. Assistance to Europe and
Eurasia, and in coordination with the Administrator of the United
States Agency for International Development, shall submit a report
to the appropriate congressional committees describing the programs and activities carried out to achieve the purposes described
in subsection (a), including an assessment of whether or not
progress was made in achieving those purposes.’’; and

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134 STAT. 3109

(7) in subsection (g), as redesignated—
(A) in the subsection heading, by striking ‘‘AUTHORIZATION OF APPROPRIATIONS’’ and all that follows through
‘‘There are’’ and inserting ‘‘AUTHORIZATION OF APPROPRIATIONS.—There are’’;
(B) by striking ‘‘fiscal years 2007 and 2008’’ and
inserting ‘‘fiscal years 2021 and 2022’’; and
(C) by striking paragraph (2).
SEC. 325. INTERNATIONAL BROADCASTING, INTERNET FREEDOM, AND
ACCESS TO INFORMATION IN BELARUS.

Section 5 of the Belarus Democracy Act of 2004 (Public Law
109–480; 22 U.S.C. 5811 note) is amended to read as follows:

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‘‘SEC. 5. INTERNATIONAL BROADCASTING, INTERNET FREEDOM, AND
ACCESS TO INFORMATION IN BELARUS.

‘‘(a) SENSE OF CONGRESS.—It is the sense of Congress that—
‘‘(1) the President should support and reallocate resources
to radio, television, and internet broadcasting conducted by
Radio Free Europe/Radio Liberty in languages spoken in
Belarus;
‘‘(2) the United States should also support other independent media providing objective information to the
Belarusian people, particularly in the Belarusian language;
‘‘(3) the President should provide the United States Agency
for Global Media with a surge capacity (as such term is defined
in section 316 of the United States International Broadcasting
Act (22 U.S.C. 6216)) for programs and activities in Belarus;
‘‘(4) the Chief Executive Officer of the United States Agency
for Global Media, working through the Open Technology Fund
and in coordination with the Secretary of State, should expand
and prioritize efforts to provide anti-censorship technology and
services to journalists and civil society in Belarus in order
to enhance their ability to safely access or share digital news
and information without fear of repercussions or surveillance;
and
‘‘(5) the United States should continue to condemn the
Belarusian authorities’ crackdown on independent media,
including the harassment and mass detentions of independent
and foreign journalists and the denial of accreditation.
‘‘(b) STRATEGY TO PROMOTE EXPANDED BROADCASTING, INTERNET FREEDOM, AND ACCESS TO INFORMATION IN BELARUS.—
‘‘(1) IN GENERAL.—Not later than 120 days after the date
of the enactment of the Belarus Democracy, Human Rights,
and Sovereignty Act of 2020, the Chief Executive Officer of
the United States Agency for Global Media and the Secretary
of State shall jointly submit to the appropriate congressional
committees a comprehensive strategy, including a cost estimate,
to carry out the following:
‘‘(A) Expand independent radio, television, live stream,
and social network broadcasting and communications in
Belarus to provide news and information, particularly in
the Belarusian language, that is credible, comprehensive,
and accurate.
‘‘(B) Support the development and use of anti-censorship and circumvention technologies by the Open Technology Fund and the Bureau of Democracy Human Rights

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President.

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PUBLIC LAW 116–260—DEC. 27, 2020
and Labor that enable the citizens of Belarus to communicate securely and undertake internet activities without
interference from the Government of Belarus.
‘‘(C) Assist efforts to overcome attempts by the Government of Belarus to disrupt internet access and block content
online.
‘‘(D) Monitor the cooperation of the Government of
Belarus with any foreign government or organization for
purposes related to the censorship or surveillance of the
internet, including an assessment of any such cooperation
in the preceding ten years.
‘‘(E) Monitor the purchase or receipt by the Government of Belarus of any technology or training from any
foreign government or organization for purposes related
to the censorship or surveillance of the internet, including
an assessment of any such purchase or receipt in the
preceding ten years.
‘‘(F) Assist with the protection of journalists who have
been targeted for free speech activities, including through
the denial of accreditation.
‘‘(G) Provide cyber-attack mitigation services to civil
society organizations in Belarus.
‘‘(H) Provide resources for educational materials and
training on digital literacy, bypassing internet censorship,
digital safety, and investigative and analytical journalism
for independent journalists working in Belarus.
‘‘(I) Build the capacity of civil society, media, and other
nongovernmental and organizations to identify, track, and
counter disinformation, including from proxies of the
Government of Russia working at Belarusian state television.
‘‘(2) FORM.—The report required under paragraph (1) shall
be transmitted in unclassified form, but may contain a classified
annex.’’.

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SEC. 326. SANCTIONS AGAINST THE GOVERNMENT OF BELARUS.

Section 6 of the Belarus Democracy Act of 2004 (Public Law
109–480; 22 U.S.C. 5811 note) is amended—
(1) in subsection (b)—
(A) by striking ‘‘December 19, 2010’’ each place it
appears and inserting ‘‘August 9, 2020’’;
(B) in paragraph (2), by inserting ‘‘, peaceful protesters,’’ after ‘‘all opposition activists’’;
(C) by striking paragraphs (3) and (6); and
(D) by redesignating paragraphs (4), (5), and (7) as
paragraphs (3), (4), and (5), respectively;
(2) in subsection (c)—
(A) in the subsection heading, by inserting ‘‘AND RUSSIAN INDIVIDUALS COMPLICIT IN THE CRACKDOWN THAT
OCCURRED AFTER THE AUGUST 9, 2020, ELECTION’’ after
‘‘BELARUS’’;
(B) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively;
(C) by inserting after paragraph (3) the following:
‘‘(4) is a member of the Central Election Commission of
Belarus or assisted the Commission in manipulating the presidential election of August 9, 2020;’’;

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134 STAT. 3111

(D) in paragraph (5), as redesignated, to read as follows:
‘‘(5) is a member of any branch of the security or law
enforcement services of Belarus, including the KGB, Interior
Ministry, and OMON special police unit, and is responsible
for, or complicit in, ordering, controlling, materially assisting,
sponsoring, or providing financial, material, or technological
support for, or otherwise directing, the crackdown on opposition
leaders, journalists, and peaceful protestors that occurred in
connection with the presidential election of August 9, 2020;
or’’; and
(E) by adding at the end the following:
‘‘(7) is a government official, including at the Information
Ministry, responsible for the crackdown on independent media,
including revoking the accreditation of journalists, disrupting
internet access, and restricting online content;
‘‘(8) is an official in the so-called ‘Union State’ between
Russia and Belarus (regardless of nationality of the individual);
or
‘‘(9) is a Russian individual that has significantly participated in the crackdown on independent press or human rights
abuses related to political repression in Belarus, including the
Russian propagandists sent to replace local employees at
Belarusian state media outlets.’’;
(3) in subsection (d)(1), by striking ‘‘the Overseas Private
Investment Corporation’’ and inserting ‘‘the United States
International Development Finance Corporation’’;
(4) in subsection (e), by striking ‘‘(including any technical
assistance or grant) of any kind’’; and
(5) in subsection (f)—
(A) in paragraph (1)(A), by striking ‘‘or by any member
or family member closely linked to any member of the
senior leadership of the Government of Belarus’’ and
inserting ‘‘or by the senior leadership of the Government
of Belarus or by any member or family member closely
linked to the senior leadership of the Government of
Belarus, or an official of the so-called ‘Union State’ with
Russia’’; and
(B) in paragraph (2)—
(i) in subparagraph (A), by adding at the end before
the semicolon the following: ‘‘, or an official of the
so-called ‘Union State’ with Russia’’; and
(ii) in subparagraph (B), by inserting ‘‘, or the
so-called ‘Union State’ with Russia,’’ after ‘‘the Government of Belarus’’.
SEC. 327. MULTILATERAL COOPERATION.

Section 7 of the Belarus Democracy Act of 2004 (Public Law
109–480; 22 U.S.C. 5811 note) is amended to read as follows:

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‘‘SEC. 7. MULTILATERAL COOPERATION.

‘‘It is the sense of Congress that the President should continue
to coordinate with the European Union and its institutions, European Union member states, the United Kingdom, and Canada to
develop a comprehensive, multilateral strategy—
‘‘(1) to further the purposes of this Act, including, as appropriate, encouraging other countries to take measures with

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PUBLIC LAW 116–260—DEC. 27, 2020
respect to the Republic of Belarus that are similar to measures
described in this Act; and
‘‘(2) to deter the Government of the Russian Federation
from undermining democratic processes and institutions in
Belarus or threatening the independence, sovereignty, and territorial integrity of Belarus.’’.

SEC. 328. REPORTS.

Section 8 of the Belarus Democracy Act of 2004 (Public Law
109–480; 22 U.S.C. 5811 note) is amended to read as follows:
‘‘SEC. 8. REPORTS.

‘‘(a) REPORT ON THREAT TO SOVEREIGNTY AND INDEPENDENCE
BELARUS.—
‘‘(1) IN GENERAL.—Not later than 120 days after the date
of the enactment of the Belarus Democracy, Human Rights,
and Sovereignty Act of 2020, the Secretary of State, in coordination with the Director of National Intelligence and the Secretary
of the Treasury, shall transmit to the appropriate congressional
committees a report describing the threat that the Government
of Russia poses to the sovereignty and independence of Belarus.
‘‘(2) MATTERS TO BE INCLUDED.—The report required under
paragraph (1) shall include—
‘‘(A) an assessment of how the Government of Russia
is exploiting the current political crisis in Belarus to push
for deeper political and economic control of or integration
with Belarus;
‘‘(B) a description of the economic and energy assets
in Belarus that the Government of Russia, including Russian state-owned or state-controlled companies, controls;
‘‘(C) a description of Belarus major enterprises that
are vulnerable of being taken over by Russian entities
amid the country’s worsening financial crisis;
‘‘(D) a description of how and to what ends the Government of Russia seeks to augment its military presence
in Belarus;
‘‘(E) a description of Russian influence over the media
and information space in Belarus and how the Government
of Russia uses disinformation and other malign techniques
to undermine Belarusian history, culture, and language;
‘‘(F) a description of other actors in Belarus that the
Government of Russia uses to advance its malign influence,
including veterans’ organizations and extrajudicial networks;
‘‘(G) a description of efforts to undermine Belarusian
language, cultural, and national symbols, including the
traditional red and white flag and the ‘Pahonia’ mounted
knight; and
‘‘(H) the identification of Russian individuals and
government agencies that are significantly supporting or
involved in the crackdown on peaceful protestors and the
opposition or the repression of independent media following
the August 9, 2020, presidential election.
‘‘(3) FORM.—The report required under this subsection shall
be transmitted in unclassified form, but may contain a classified
annex.
‘‘(b) REPORT ON PERSONAL ASSETS OF ALYAKSANDR
LUKASHENKA.—
OF

Deadline.
Coordination.

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Assessment.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 3113

‘‘(1) IN GENERAL.—Not later than 90 days after the date
of the enactment of the Belarus Democracy, Human Rights,
and Sovereignty Act of 2020, the Director of National Intelligence, in consultation with the Secretary of the Treasury
and the Secretary of State, shall submit to the appropriate
congressional committees a report describing—
‘‘(A) the total assets under the direct or indirect control
of Alyaksandr Lukashenka, including estimated assets and
known sources of income of Alyaksandr Lukashenka and
his immediate family members, including assets, investments, bank accounts, and other business interests; and
‘‘(B) an identification of the most significant senior
foreign political figures in Belarus, as determined by their
closeness to Alyaksandr Lukashenka.
‘‘(2) WAIVER.—The Director of National Intelligence may
waive, in whole or in part, the reporting requirement under
paragraph (1)(A) if the Director submits to the appropriate
congressional committees—
‘‘(A) a written justification stating that the waiver is
in the national interest of the United States; and
‘‘(B) a detailed explanation of the reasons therefor.
‘‘(3) FORM.—The report required under this subsection shall
be transmitted in unclassified form, but may contain a classified
annex.’’.
SEC. 329. DEFINITIONS.

Section 9 of the Belarus Democracy Act of 2004 (Public Law
109–480; 22 U.S.C. 5811 note) is amended—
(1) by amending paragraph (1) to read as follows:
‘‘(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘appropriate congressional committees’ means—
‘‘(A) the Committee on Foreign Relations of the Senate;
‘‘(B) the Committee on Banking, Housing, and Urban
Affairs of the Senate;
‘‘(C) the Committee on Appropriations of the Senate;
‘‘(D) the Committee on Foreign Affairs of the House
of Representatives;
‘‘(E) the Committee on Financial Services of the House
of Representatives; and
‘‘(F) the Committee on Appropriations of the House
of Representatives.’’; and
(2) in paragraph (3)(B)—
(A) in clause (i), by inserting ‘‘members of the security
and intelligence services,’’ after ‘‘prosecutors,’’; and
(B) in clause (ii), by inserting ‘‘, electoral fraud, online
censorship, or restrictions on independent media and
journalists’’ after ‘‘public corruption’’.

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SEC. 330. DETERMINATION OF BUDGETARY EFFECTS.

The budgetary effects of this subtitle, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be
determined by reference to the latest statement titled ‘‘Budgetary
Effects of PAYGO Legislation’’ for this subtitle, submitted for
printing in the Congressional Record by the Chairman of the House
Budget Committee, provided that such statement has been submitted prior to the vote on passage.

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Subtitle D—Gandhi-King Scholarly
Exchange Initiative Act

Gandhi-King
Scholarly
Exchange
Initiative Act.

SEC. 331. SHORT TITLE.

This subtitle may be cited as the ‘‘Gandhi-King Scholarly
Exchange Initiative Act’’.

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SEC. 332. FINDINGS.

Congress makes the following findings:
(1) The peoples of the United States and India have a
long history of friendship and the interests of the peoples
of the United States, India, and the world will benefit from
a stronger United States-India partnership.
(2) Mohandas Karamchand Gandhi and Martin Luther
King, Jr., were dedicated leaders fighting for social justice
and social change, peace, and civil rights in their respective
communities, and countries and in the world.
(3) The use of nonviolent civil disobedience is a shared
tactic that has played a key role in defeating social injustice
in India, the United States, and in other parts of the world.
(4) Mohandas Gandhi, who was born on October 2, 1869,
was murdered on January 30, 1948, after dedicating his life
to the peaceful empowerment of the people of India and to
the end of British colonial rule.
(5) Martin Luther King, Jr., who was born on January
15, 1929, was murdered on April 4, 1968, after a life dedicated
to peaceful movements against segregation, discrimination,
racial injustice, and poverty.
(6) In February 1959, Dr. King and his wife, Coretta Scott
King, traveled throughout India. By the end of his monthlong
visit, Dr. King said, ‘‘I am more convinced than ever before
that the method of nonviolent resistance is the most potent
weapon available to oppressed people in their struggle for justice and human dignity.’’.
(7) Fifty years after Dr. King’s visit, All India Radio, the
national radio station of India, discovered a taped message
by Dr. King that emphasized the intellectual harmony between
the messages of Dr. King and Mohandas Gandhi on nonviolent
social action.
(8) On August 22, 2011, the Dr. Martin Luther King, Jr.,
National Memorial opened to the public in Washington, DC.
This newest memorial on the National Mall pays tribute to
Dr. King’s national and international contributions to world
peace through nonviolent social change.
(9) The 116th Congress coincides with both the 150th birth
anniversary of Mohandas Gandhi and the 90th birth anniversary of Dr. Martin Luther King, Jr.
(10) Mohandas Gandhi, who employed the principle of
satyagraha, or ‘‘fighting with peace’’, has come to represent
the moral force inspiring many civil and social rights movement
around the world.
(11) Dr. King’s effective use of Gandhi’s principles was
instrumental to the American civil rights movement.
(12) There is a long history of civil and social rights movements in the United States and in India. As the relationship
between the United States and India evolves, a binational

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134 STAT. 3115

foundation through which the governments of each country
can work together and catalyze private investment toward
development objectives would provide an ongoing, productive
institution and symbol of the friendship and common ideals
of the respective governments and their peoples.
(13) There is a global goal of ending tuberculosis by 2030,
the United States and India seek a TB-Free India by 2025,
and the United States-India Gandhi-King Development Foundation, as described in this subtitle, could help address gaps
across the TB value chain in prevention, detection, diagnosis,
and treatment, and catalyze market-based strategies to bridge
the service gap for the ‘‘last mile’’.
(14) Leaders in both countries have prioritized the United
States-India relationship and continue to support a strengthened United States-India partnership, recognizing that it will
be one of the defining partnerships of the 21st century.
SEC. 333. GANDHI-KING SCHOLARLY EXCHANGE INITIATIVE.

(a) IN GENERAL.—In order to further the shared ideals and
values of Mohandas Gandhi and Martin Luther King, Jr, the Secretary of State should establish, in cooperation with the appropriate
representatives of the Government of India, a professional exchange
program known as the ‘‘Gandhi-King Scholarly Exchange Initiative’’.
The initiative should be comprised of the following:
(1) An annual educational forum for scholars from the
United States and India that focuses on the social justice and
human and civil rights legacies of Mohandas Gandhi and Martin Luther King, Jr., which should—
(A) be held alternately in the United States and in
India;
(B) include representatives from governments, nongovernmental organizations, civic organizations, and educational, cultural, women’s, civil, and human rights groups,
including religious and ethnic minorities and marginalized
communities; and
(C) focus on studying the works of Gandhi and King,
and applying their philosophies of nonviolent resistance
to addressing current issues, including poverty alleviation,
conflict mitigation, human and civil rights challenges, refugee crises, and threats to democracy and democratic
norms in countries around the world.
(2) An undergraduate, graduate, and post-graduate student
exchange for students in the United States and India to—
(A) study the history and legacies of Martin Luther
King, Jr., and Mohandas Gandhi; and
(B) research, develop, and recommend best practices
relating to peace, nonviolence, and reconciliation in current
conflict regions.
(b) SUNSET.—The authorities provided under this section shall
terminate on the date that is five years after the date of enactment
of this Act.

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SEC. 334. GANDHI-KING GLOBAL ACADEMY.

(a) IN GENERAL.—The president and chief executive officer of
the United States Institute of Peace should create a professional
development training initiative on conflict resolution tools based
on the principles of nonviolence. Such training initiative shall be
known as the Gandhi-King Global Academy and should—

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(1) include representatives from governments, nongovernmental organizations, civic organizations, and educational, cultural, women’s, civil, and human rights groups, including religious and ethnic minorities and marginalized communities in
countries with ongoing political, social, ethnic, or violent conflict;
(2) include a specific focus on the success of nonviolent
movements, inclusion, and representation in conflict resolution;
(3) develop a curriculum on conflict resolution tools based
on the principles of nonviolence; and
(4) make the curriculum publicly available online, in person, and through a variety of media.
(b) PROHIBITION.—The United States Institute of Peace may
not, in the course of any activity authorized by subsection (a),
enter into any contract with an outside entity to conduct advocacy
on its behalf.
(c) SUNSET.—The authorities provided under this section shall
terminate on the date that is five years after the date of enactment
of this Act.

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SEC. 335. ESTABLISHMENT OF THE UNITED STATES-INDIA GANDHIKING DEVELOPMENT FOUNDATION.

(a) ESTABLISHMENT.—The Administrator of the United States
Agency for International Development (USAID), with the concurrence of the Secretary of State and in coordination with appropriate
counterparts in the Government of India, is authorized to establish,
on such terms and conditions as are determined necessary, one
or more legal entities to compose the United States-India GandhiKing Development Foundation (in this section referred to as the
‘‘Foundation’’). Each such legal entity within the Foundation shall
be organized under the laws of India and shall not be considered
to be an agency or establishment of the United States Government
and shall not have the full faith and credit of the United States.
(b) FUNCTIONS.—The Foundation, through one or more entities
referred to in subsection (a)—
(1) shall identify development priorities and administer
and oversee competitively-awarded grants to private nongovernmental entities to address such priorities in India, including—
(A) health initiatives addressing tuberculosis (TB),
water, sanitation, and health (WASH), and pollution and
related health impacts (PHI);
(B) pollution, plastic waste reduction, and climaterelated shocks;
(C) education; and
(D) empowerment of women;
(2) should provide credible platforms and models, including
returnable capital to attract and blend public and private capital, which can then be deployed efficiently and effectively to
address the priorities identified in paragraph (1).
(c) ADDITIONALITY.—
(1) IN GENERAL.—Before an entity within the Foundation
makes a grant under subsection (b)(1) to address a priority
identified under such subsection, the Foundation shall ensure
that private sector entities are afforded an opportunity to support the projects funded by such grants.

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134 STAT. 3117

(2) SAFEGUARDS, POLICIES, AND GUIDELINES.—The Foundation shall develop appropriate safeguards, policies, and guidelines to ensure that grants made under subsection (b)(1) operate
according to internationally recognized best practices and
standards, including for transparency and accountability.
(d) LIMITATIONS.—No party receiving a grant made under subsection (b)(1) may receive such grant in an amount that is more
than five percent of amounts appropriated or otherwise made available under section 337(a)(3) to the entity in the Foundation making
such grant.
(e) GOVERNING COUNCIL.—
(1) PURPOSE.—The Government of the United States and
the Government of India shall convene a Governing Council
to provide guidance and direction to the Foundation.
(2) APPOINTMENT OF MEMBERS.—The Administrator of the
United States Agency for International Development, with the
concurrence of the Secretary of State, shall appoint a majority
of the Governing Council of the Foundation for a period of
five years following the establishment of the Foundation.
(3) CHARTER.—The Governing Council of the Foundation
shall adopt a charter for the operation of the Foundation,
which shall include provisions to—
(A) identify development priorities or a process to identify development priorities;
(B) define criteria for application, merit review, and
transparent, competitive awarding of grants by the Foundation;
(C) establish an annual organization-wide audit by an
independent auditor in accordance with generally accepted
auditing standards, the results of which shall be made
immediately available to the Board, the Administrator of
the United States Agency for International Development,
and the appropriate Government of India counterpart;
(D) assist in the creation of project specific timetables
for each of the projects funded by a grant from the Foundation;
(E) establish an oversight role and march-in audit
rights for the Administrator of the United States Agency
for International Development and the appropriate Government of India counterpart; and
(F) establish an annual report on the activities of the
Foundation to be made publicly available.
(f) PUBLICLY AVAILABLE PROJECT INFORMATION.—The Foundation shall maintain a user-friendly, publicly available, machine
readable database with detailed project level information, as appropriate, including a description of the grants made by the Foundation
under this section and project level performance metrics.
(g) DETAIL OF UNITED STATES GOVERNMENT PERSONNEL TO
THE FOUNDATION.—
(1) IN GENERAL.—Whenever the Administrator of the
United States Agency for International Development or the
Secretary of State determines it to be in furtherance of the
purposes of this subtitle, the Administrator and the Secretary
are authorized to detail or assign any officer or employee of
the Agency or the Department, respectively, to any position
in the Foundation to provide technical, scientific, or professional
assistance to the Foundation or, in cooperation with the

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Determination.

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PUBLIC LAW 116–260—DEC. 27, 2020
Foundation, to implementing partners of the Foundation, without reimbursement to the United States Government.
(2) STATUS.—Any United States Government officer or
employee, while detailed or assigned under this subsection,
shall be considered, for the purpose of preserving their allowances, privileges, rights, seniority, and other benefits as such,
an officer or employee of the United States Government and
of the agency of the United States Government from which
detailed or assigned, and shall continue to receive compensation, allowances, and benefits from program funds appropriated
to that agency or made available to that agency for purposes
related to the activities of the detail or assignment, in accordance with authorities related to their employment status and
agency policies.
(3) SUNSET.—The authorities provided under this subsection shall terminate on the date that is five years after
the establishment of the Foundation.

SEC. 336. REPORTING REQUIREMENTS.

(a) INITIAL REPORTS.—Not later than 120 days after the date
of the enactment of this Act—
(1) the Secretary of State shall submit to the Committee
on Foreign Affairs and the Committee on Appropriations of
the House of Representatives and the Committee on Foreign
Relations and the Committee on Appropriations of the Senate
a report on the Secretary of State’s plan to establish the initiative authorized under section 333;
(2) the president and chief executive officer of the United
States Institute of Peace shall submit to the Committee on
Foreign Affairs and the Committee on Appropriations of the
House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate a
report on the president and chief executive officer’s plan to
establish the initiative authorized under section 334; and
(3) the Administrator of the United States Agency for International Development shall submit to the Committee on Foreign
Affairs and the Committee on Appropriations of the House
of Representatives and the Committee on Foreign Relations
and the Committee on Appropriations of the Senate a report
on the Administrator’s plan to establish the organization
authorized under section 335.
(b) PERIODIC UPDATES.—The Secretary of State, president and
chief executive officer of the United States Institute of Peace, and
Administrator of the United States Agency for International
Development shall submit to the committees described in subsection
(a)(3) an update on a semiannual basis regarding the progress
in implementing each of the initiatives or establishing the organization referred to in such subsection.

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SEC. 337. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—There is authorized to be appropriated to
carry out—
(1) section 333, up to $1,000,000 for each of fiscal years
2021 through 2025 to the Secretary of State
(2) section 334, up to $2,000,000 for fiscal year 2021 to
the United States Institute of Peace;

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134 STAT. 3119

(3) section 335, up to $30,000,000 for fiscal year 2021
to the Administrator of the United States Agency for International Development; and
(4) section 335, up to an additional $15,000,000 for each
of fiscal years 2022 through 2025 to the Administrator of the
United States Agency for International Development, if the
private sector in India commits amounts equal to that contributed by the United States.
(b) SENSE OF CONGRESS ON FOREIGN ASSISTANCE FUNDS.—
It is the sense of Congress that the authorization of appropriations
under subsection (a) should be renewable for one or more periods
of not more than 5 years if—
(1) authorized by Congress; and
(2) the Secretary of State, in consultation with the Administrator of the United States Agency for International Development, determines that the Foundation’s work is successful in
addressing the priorities identified in section 335(b)(1) and
that the private sector in India has committed funds to the
Foundation in accordance with subsection (a)(4).

Subtitle E—Tibetan Policy and Support
Act of 2020

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SEC. 341. MODIFICATIONS TO AND REAUTHORIZATION OF TIBETAN
POLICY ACT OF 2020.

(a) TIBETAN NEGOTIATIONS.—Section 613 of the Tibetan Policy
Act of 2002 (22 U.S.C. 6901 note) is amended—
(1) in subsection (a)—
(A) in paragraph (1)—
(i) by inserting ‘‘without preconditions’’ after ‘‘a
dialogue’’;
(ii) by inserting ‘‘or democratically-elected leaders
of the Tibetan community’’ after ‘‘his representatives’’;
and
(iii) by inserting before the period at the end the
following: ‘‘and should coordinate with other governments in multilateral efforts toward this goal’’;
(B) by redesignating paragraph (2) as paragraph (3);
and
(C) by inserting after paragraph (1) the following new
paragraph:
‘‘(2) POLICY COMMUNICATION.—The Secretary of State shall
ensure that, in accordance with this Act, United States policy
on Tibet, as coordinated by the United States Special Coordinator for Tibetan Issues, is communicated to all Federal departments and agencies in contact with the Government of the
People’s Republic of China.’’;
(2) in subsection (b)—
(A) in the matter preceding paragraph (1)—
(i) by striking ‘‘until December 31, 2021’’ and
inserting ‘‘until December 31, 2031’’; and
(ii) by inserting ‘‘and direct the Department of
State to make public on its website’’ after ‘‘appropriate
congressional committees’’;
(B) in paragraph (1), by striking ‘‘; and’’ and inserting
a semicolon;

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PUBLIC LAW 116–260—DEC. 27, 2020

(C) in paragraph (2), by striking the period at the
end and inserting ‘‘; and’’ ; and
(D) by adding at the end the following new paragraph:
‘‘(3) the steps taken by the United States Government
to promote the human rights and distinct religious, cultural,
linguistic, and historical identity of the Tibetan people,
including the right of the Tibetan people to select, educate,
and venerate their own religious leaders in accordance with
their established religious practice and system.’’.
(b) TIBET PROJECT PRINCIPLES.—Section 616 of such Act (22
U.S.C. 6901 note) is amended—
(1) in subsection (d)—
(A) in paragraph (5), by inserting ‘‘human rights,’’ after
‘‘respect Tibetan’’;
(B) in paragraph (8), by striking ‘‘; and’’ and inserting
a semicolon;
(C) in paragraph (9)—
(i) by inserting ‘‘involuntary or coerced’’ after ‘‘nor
facilitate the’’; and
(ii) by striking the period at the end and inserting
‘‘; and’’; and
(D) by adding at the end the following new paragraph:
‘‘(10) neither provide incentive for, nor facilitate the involuntary or coerced relocation of, Tibetan nomads from their
traditional pasturelands into concentrated settlements.’’;
(2) by adding at the end the following new subsections:
‘‘(e) UNITED STATES ASSISTANCE.—
‘‘(1) IN GENERAL.—The President is authorized to provide
assistance to nongovernmental organizations to support inclusive economic growth, resilience, global health, education,
environmental stewardship, and cultural and historical
preservation for Tibetan communities in Tibet, in accordance
with the principles specified in subsection (d).
‘‘(2) COORDINATION.—Assistance authorized under paragraph (1) shall be carried out in coordination with the United
States Special Coordinator for Tibetan Issues in accordance
with section 621(d).
‘‘(f) PRIVATE SECTOR INVESTMENT.—The Secretary of State, in
coordination with the Secretary of Commerce, should—
‘‘(1) encourage United States businesses and individuals
that are engaged in commerce or investing in enterprises in
Tibet to be guided by the principles specified in subsection
(d) and the United Nations Guiding Principles on Business
and Human Rights; and
‘‘(2) hold regular consultations with businesses and individuals that are engaged in commerce or are investing in enterprises in Tibet about the principles referenced in paragraph
(1) and the business practices of such businesses and individuals in Tibet.’’.
(c) DIPLOMATIC REPRESENTATION RELATING TO TIBET.—Section
618 of such Act (22 U.S.C. 6901 note) is amended to read as
follows:

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‘‘SEC. 618. DIPLOMATIC REPRESENTATION RELATING TO TIBET.

‘‘(a) UNITED STATES CONSULATE IN LHASA, TIBET.—The Secretary should seek to establish a United States consulate in Lhasa,
Tibet—

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‘‘(1) to provide consular services to United States citizens
traveling in Tibet; and
‘‘(2) to monitor political, economic, and cultural developments in Tibet.
‘‘(b) POLICY.—The Secretary may not authorize the establishment in the United States of any additional consulate of the People’s
Republic of China until such time as a United States consulate
in Lhasa, Tibet, is established under subsection (a).
‘‘(c) WAIVER.—The Secretary may waive the requirement under
subsection (b), notwithstanding the lack of a United States consulate
in Lhasa, not less than 30 days after the Secretary determines
and reports to the appropriate congressional committees that it
is in the national security interests of the United States to waive
such requirements and submits to the appropriate congressional
committees a report including—
‘‘(1) a specific and detailed rationale for the determination
that the waiver is in the national security interests of the
United States; and
‘‘(2) a description of the efforts by the Department of State
to seek the establishment of a United States consulate in
Lhasa.’’.
(d) RELIGIOUS PERSECUTION IN TIBET.—Section 620(b) of such
Act (22 U.S.C. 6901 note) is amended by inserting before the period
at the end the following: ‘‘, including with respect to the reincarnation system of Tibetan Buddhism’’.
(e) UNITED STATES SPECIAL COORDINATOR FOR TIBETAN
ISSUES.—Section 621 of such Act (22 U.S.C. 6901 note) is amended—
(1) by amending subsection (c) to read as follows:
‘‘(c) OBJECTIVES.—The objectives of the Special Coordinator are
to—
‘‘(1) promote substantive dialogue without preconditions,
between the Government of the People’s Republic of China
and the Dalai Lama, his or her representatives, or democratically elected leaders of the Tibetan community, or explore
activities to improve prospects for dialogue, that leads to a
negotiated agreement on Tibet;
‘‘(2) coordinate with other governments in multilateral
efforts towards the goal of a negotiated agreement on Tibet;
‘‘(3) encourage the Government of the People’s Republic
of China to address the aspirations of the Tibetan people with
regard to their distinct historical, cultural, religious, and linguistic identity;
‘‘(4) promote the human rights of the Tibetan people;
‘‘(5) promote activities to preserve environment and water
resources of the Tibetan plateau;
‘‘(6) encourage that any initiatives or activities for Tibetan
communities in the Tibet Autonomous Region are conducted
in accordance with the principles espoused in section 616(d);
and
‘‘(7) promote access to Tibet in accordance with the Reciprocal Access to Tibet Act of 2018 (Public Law 115–330).’’;
(2) in subsection (d)—
(A) in paragraph (5), by striking ‘‘; and’’ and inserting
a semicolon;
(B) by redesignating paragraph (6) as paragraph (8);
and

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Determination.
Reports.

Coordination.

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(C) by inserting after paragraph (5) the following new
paragraphs:
‘‘(6) provide guidance with respect to all projects carried
out pursuant to assistance provided under section 616(e);
‘‘(7) seek to establish international diplomatic coalitions
to—
‘‘(A) oppose any effort by the Government of the People’s Republic of China to select, educate, and venerate
Tibetan Buddhist religious leaders in a manner inconsistent with the principle that the succession or identification of Tibetan Buddhist lamas, including the Dalai Lama,
should occur without interference, in a manner consistent
with traditional practice; and
‘‘(B) ensure that the identification and installation of
Tibetan Buddhist religious leaders, including any future
Dalai Lama, is determined solely within the Tibetan Buddhist faith community, in accordance with the internationally-recognized right to religious freedom; and’’; and
(3) by adding at the end the following new subsection:
‘‘(e) PERSONNEL.—The Secretary shall ensure that the Office
of the Special Coordinator is adequately staffed at all times to
assist in the management of the responsibilities of this section.’’.

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22 USC 6901
note.

SEC. 342. STATEMENT OF POLICY REGARDING THE SUCCESSION OR
REINCARNATION OF THE DALAI LAMA.

(a) FINDINGS.—Congress finds the following:
(1) Tibetan Buddhism is practiced in many countries
including Bhutan, India, Mongolia, Nepal, the People’s Republic
of China, the Russian Federation, and the United States, yet
the Government of the People’s Republic of China has repeatedly insisted on its role in managing the selection of Tibet’s
next spiritual leader, the Dalai Lama, through actions such
as those described in the ‘‘Measures on the Management of
the Reincarnation of Living Buddhas’’ in 2007.
(2) On March 19, 2019, Chinese Ministry of Affairs spokesperson reiterated that the ‘‘reincarnation of living Buddhas
including the Dalai Lama must comply with Chinese laws
and regulations and follow religious rituals and historical
conventions’’.
(3) The Government of the People’s Republic of China has
interfered in the process of recognizing a successor or reincarnation of Tibetan Buddhist leaders, including in 1995 by arbitrarily detaining Gedhun Choekyi Nyima, a 6-year old boy
who was identified as the 11th Panchen Lama, and purporting
to install its own candidate as the Panchen Lama.
(4) The 14th Dalai Lama, Tenzin Gyatso, issued a statement on September 24, 2011, explaining the traditions and
spiritual precepts of the selection of Dalai Lamas, setting forth
his views on the considerations and process for selecting his
successor, and providing a response to the Chinese government’s claims that only the Chinese government has the ultimate authority in the selection process of the Dalai Lama.
(5) The 14th Dalai Lama said in his statement that the
person who reincarnates has sole legitimate authority over
where and how he or she takes rebirth and how that reincarnation is to be recognized and if there is a need for a 15th

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Dalai Lama to be recognized, then the responsibility shall primarily rest with the officers of the Dalai Lama’s Gaden
Phodrang Trust, who will be informed by the written instructions of the 14th Dalai Lama.
(6) Since 2011, the 14th Dalai Lama has reiterated publicly
on numerous occasions that decisions on the successions, emanations, or reincarnations of the Dalai Lama belongs to the
Tibetan Buddhist faith community alone.
(7) On June 8, 2015, the United States House of Representatives unanimously approved House Resolution 337 which calls
on the United States Government to ‘‘underscore that government interference in the Tibetan reincarnation process is a
violation of the internationally recognized right to religious
freedom . . . and to highlight the fact that other countries
besides China have long Tibetan Buddhist traditions, and that
matters related to reincarnations in Tibetan Buddhism are
of keen interest to Tibetan Buddhist populations worldwide’’.
(8) On April 25, 2018, the United States Senate unanimously approved Senate Resolution 429 which ‘‘expresses its
sense that the identification and installation of Tibetan Buddhist religious leaders, including a future 15th Dalai Lama,
is a matter that should be determined solely within the Tibetan
Buddhist faith community, in accordance with the inalienable
right to religious freedom’’.
(9) The Department of State’s Report on International Religious Freedom for 2018 reported on policies and efforts of
the Government of the People’s Republic of China to exert
control over the selection of Tibetan Buddhist religious leaders,
including reincarnate lamas, and stated that ‘‘[United States]
officials underscored that decisions on the reincarnation of the
Dalai Lama should be made solely by faith leaders.’’.
(b) STATEMENT OF POLICY.—It is the policy of the United States
that—
(1) decisions regarding the selection, education, and veneration of Tibetan Buddhist religious leaders are exclusively spiritual matters that should be made by the appropriate religious
authorities within the Tibetan Buddhist tradition and in the
context of the will of practitioners of Tibetan Buddhism;
(2) the wishes of the 14th Dalai Lama, including any written instructions, should play a key role in the selection, education, and veneration of a future 15th Dalai Lama; and
(3) interference by the Government of the People’s Republic
of China or any other government in the process of recognizing
a successor or reincarnation of the 14th Dalai Lama and any
future Dalai Lamas would represent a clear abuse of the right
to religious freedom of Tibetan Buddhists and the Tibetan
people.
(c) HOLDING CHINESE OFFICIALS RESPONSIBLE FOR RELIGIOUS
FREEDOM ABUSES TARGETING TIBETAN BUDDHISTS.—It is the policy
of the United States to take all appropriate measures to hold
accountable senior officials of the Government of the People’s
Republic of China or the Chinese Communist Party who directly
interfere with the identification and installation of the future 15th
Dalai Lama of Tibetan Buddhism, successor to the 14th Dalai
Lama, including by—
(1) imposing sanctions pursuant to the Global Magnitsky
Human Rights Accountability Act (22 U.S.C. 2656 note); and

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(2) prohibiting admission to the United States under section
212(a)(2)(G) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(2)(G)).
(d) DEPARTMENT OF STATE PROGRAMMING TO PROMOTE RELIGIOUS FREEDOM FOR TIBETAN BUDDHISTS.—Consistent with section
401 of the Frank R. Wolf International Religious Freedom Act
(Public Law 114–281; 130 Stat. 1436), the Ambassador-at-Large
for International Religious Freedom should support efforts to protect
and promote international religious freedom in China and for programs to protect Tibetan Buddhism in China and elsewhere.
SEC. 343. POLICY REGARDING THE ENVIRONMENT AND WATER
RESOURCES ON THE TIBETAN PLATEAU.

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(a) FINDINGS.—Congress finds the following:
(1) The Tibetan Plateau contains glaciers, rivers, grasslands, and other geographical and ecological features that are
crucial for supporting vegetation growth and biodiversity and
regulating water flow and supply for an estimated
1,800,000,000 people. Environmental changes threaten the glaciers in Tibet that feed the major rivers of South and East
Asia, which supply freshwater to an estimated 1,800,000,000
people.
(2) Several factors, including temperature changes, large
government-backed infrastructure projects, and resettlement of
Tibetan nomads, are likely to result in variable water flows
in the future.
(3) The grasslands of Tibet play a significant role in carbon
production and sequestration and Tibet’s rivers support wetlands that play a key role in water storage, water quality,
and the regulation of water flow, support biodiversity, foster
vegetation growth, and act as carbon sinks.
(4) Traditional Tibetan grassland stewardship practices,
which can be key to mitigating the negative effects of environmental changes on the Tibetan Plateau, are undermined by
the resettlement of nomads from Tibetan grasslands.
(5) The People’s Republic of China has approximately 20
percent of the world’s population but only around 7 percent
of the world’s water supply, while many countries in South
and Southeast Asia rely on the rivers flowing from the
Himalayas of the Tibetan Plateau.
(6) The People’s Republic of China has already completed
water transfer programs diverting billions of cubic meters of
water yearly and has plans to divert more waters from the
Tibetan plateau in China.
(b) WATER RESOURCES IN TIBET AND THE TIBETAN WATERSHED.—The Secretary of State, in coordination with relevant agencies of the United States Government, should—
(1) pursue collaborative efforts with Chinese and international scientific institutions, as appropriate, to monitor the
environment on the Tibetan Plateau, including glacial retreat,
temperature rise, and carbon levels, in order to promote a
greater understanding of the effects on permafrost, river flows,
grasslands and desertification, and the monsoon cycle;
(2) engage with the Government of the People’s Republic
of China, the Tibetan people, and nongovernmental organizations to encourage the participation of Tibetan nomads and

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 3125

other Tibetan stakeholders in the development and implementation of grassland management policies, in order to utilize their
indigenous experience in mitigation and stewardship of the
land and to assess policies on the forced resettlement of nomads;
and
(3) encourage a regional framework on water security, or
use existing frameworks, such as the Lower Mekong Initiative,
to facilitate cooperative agreements among all riparian nations
that would promote transparency, sharing of information, pollution regulation, and arrangements on impounding and diversion
of waters that originate on the Tibetan Plateau.
SEC. 344. DEMOCRACY IN THE TIBETAN EXILE COMMUNITY.

(a) FINDINGS.—Congress finds the following:
(1) The 14th Dalai Lama advocates the Middle Way
Approach, which seeks genuine autonomy for the 6,000,000
Tibetans in Tibet.
(2) The 14th Dalai Lama has overseen a process of democratization within the Tibetan polity and devolved his political
responsibilities to the elected representatives of the Tibetan
people in exile in 2011.
(3) In 2011 and again in 2016, members of the Tibetan
exile community across some 30 countries held free and fair
elections to select political leaders to serve in the Central
Tibetan Administration parliament and as chief executive.
(4) The Dalai Lama has said that the Central Tibetan
Administration will cease to exist once a negotiated settlement
has been achieved that allows Tibetans to freely enjoy their
culture, religion, and language in Tibet.
(b) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) Tibetan exile communities around the world should
be commended for the adoption of a system of self-governance
with democratic institutions to choose their leaders;
(2) the Dalai Lama should be commended for his decision
to devolve political authority to elected leaders in accordance
with democratic principles;
(3) as of the date of the enactment of this Act, the Central
Tibetan Administration is the institution that represents and
reflects, to the greatest extent, the aspirations of the Tibetan
diaspora around the world, and the Sikyong is the President
of the Central Tibetan Administration; and
(4) as consistent with section 621(d)(3) of the Tibetan Policy
Act of 2002 (22 U.S.C. 6901 note), the United States Special
Coordinator for Tibetan Issues should continue to maintain
close contact with the religious, cultural, and political leaders
of the Tibetan people.

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SEC. 345. SUSTAINABILITY IN TIBETAN COMMUNITIES SEEKING TO
PRESERVE THEIR CULTURE, RELIGION, AND LANGUAGE.

The Secretary of State should urge the Government of Nepal
to honor the Gentleman’s Agreement with the United Nations High
Commissioner for Refugees and the Government of India, which
commits the Government of Nepal to respect the principle of nonrefoulement by continuing to give Tibetan new arrivals access to
the territory of Nepal and allowing them safe passage through
Nepal to India.

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SEC. 346. AUTHORIZATION OF APPROPRIATIONS.

(a) OFFICE OF THE UNITED STATES SPECIAL COORDINATOR FOR
TIBETAN ISSUES.—There is authorized to be appropriated $1,000,000
for each of the fiscal years 2021 through 2025 for the Office of
the United States Special Coordinator for Tibetan Issues.
(b) TIBETAN SCHOLARSHIP PROGRAM AND NGAWANG CHOEPHEL
EXCHANGE PROGRAMS.—
(1) TIBETAN SCHOLARSHIP PROGRAM.—There is authorized
to be appropriated $675,000 for each of the fiscal years 2021
through 2025 to carry out the Tibetan scholarship program
established under section 103(b)(1) of the Human Rights, Refugee, and Other Foreign Relations Provisions Act of 1996
(Public Law 104–319; 22 U.S.C. 2151 note).
(2) NGAWANG CHOEPHEL EXCHANGE PROGRAMS.—There is
authorized to be appropriated $575,000 for each of the fiscal
years 2021 through 2025 to carry out the ‘‘Ngawang Choephel
Exchange Programs’’ (formerly known as ‘‘programs of educational and cultural exchange between the United States and
the people of Tibet’’) under section 103(a) of the Human Rights,
Refugee, and Other Foreign Relations Provisions Act of 1996
(Public Law 104–319; 110 Stat. 3865).
(c) HUMANITARIAN ASSISTANCE AND SUPPORT TO TIBETAN REFUGEES IN SOUTH ASIA.—Amounts authorized to be appropriated or
otherwise made available to carry out chapter 9 of part I of the
Foreign Assistance Act of 1961 (22 U.S.C. 2292 et seq.) and the
Migration and Refugee Assistance Act of 1962 (Public Law 87–
510) for each of the fiscal years 2021 through 2025 are authorized
to be made available for humanitarian assistance, including food,
medicine, clothing, and medical and vocational training, for Tibetan
refugees in South Asia who have fled facing a credible threat
of persecution in the People’s Republic of China.
(d) TIBETAN AUTONOMOUS REGION AND TIBETAN COMMUNITIES
IN CHINA.—There is authorized to be appropriated $8,000,000 for
each year of the fiscal years 2021 through 2025 under chapter
4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C.
2346 et seq.) to support activities for Tibetan communities in the
Tibet Autonomous Region and in other Tibetan communities in
China that are conducted in accordance with subsection 616(d)
of the Tibetan Policy Act of 2002 (22 U.S.C. 6901 note).
(e) ASSISTANCE FOR TIBETANS IN INDIA AND NEPAL.—There
is authorized to be appropriated $6,000,000 for each of the fiscal
years 2021 through 2025 under chapter 4 of part II of the Foreign
Assistance Act of 1961 (22 U.S.C. 2346 et seq.) for programs to
promote and preserve Tibetan culture and language development,
and the resilience of Tibetan communities in India and Nepal,
and to assist in the education and development of the next generation of Tibetan leaders from such communities.
(f) TIBETAN GOVERNANCE.—There is authorized to be appropriated $3,000,000 for each of the fiscal years 2021 through 2025
under chapter 4 of part II of the Foreign Assistance Act of 1961
(22 U.S.C. 2346 et seq.) for programs to strengthen the capacity
of Tibetan institutions and strengthen democracy, governance,
information and international outreach, and research.
(g) VOICE OF AMERICA AND RADIO FREE ASIA.—
(1) VOICE OF AMERICA.—There is authorized to be appropriated $3,344,000 for each of the fiscal years 2021 through

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2025 to Voice of America for broadcasts described in paragraph
(3).
(2) RADIO FREE ASIA.—There is authorized to be appropriated $4,060,000 for each of the fiscal years 2021 through
2025 to Radio Free Asia for broadcasts described in paragraph
(3).
(3) BROADCASTS DESCRIBED.—Broadcasts described in this
paragraph are broadcasts to provide uncensored news and
information in the Tibetan language to Tibetans, including
Tibetans in Tibet.

Subtitle F—The United States – Northern
Triangle Enhanced Engagement Act
SEC. 351. SHORT TITLE.

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This subtitle may be cited as the ‘‘The United States – Northern
Triangle Enhanced Engagement Act’’.

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The United
States –
Northern
Triangle
Enhanced
Engagement Act.
22 USC 2151
note.

SEC. 352. STRATEGY TO ADVANCE PROSPERITY, COMBAT CORRUPTION, STRENGTHEN DEMOCRATIC GOVERNANCE, AND
IMPROVE CIVILIAN SECURITY IN EL SALVADOR, GUATEMALA, AND HONDURAS.

22 USC 2277.

(a) ELEMENTS.—Not later than 180 days after the date of the
enactment of this Act, the Secretary of State, in coordination with
the Administrator of the United States Agency for International
Development, and the heads of other relevant Federal agencies,
shall submit to the appropriate congressional committees a 5-year
strategy to advance economic prosperity, combat corruption,
strengthen democratic governance, and improve civilian security
in El Salvador, Guatemala, and Honduras and to curb irregular
migration from the region.
(b) CONSIDERATION.—In developing the strategy required under
this section, the Secretary of State should consider the following
priorities:
(1) Promoting economic prosperity, including by—
(A) supporting market-based solutions to eliminate constraints to inclusive economic growth;
(B) addressing the underlying causes of poverty and
inequality;
(C) responding to immediate humanitarian needs by
improving humanitarian outcomes, including through
access to sanitation, hygiene, and shelter, and by enabling
the provision of health resources;
(D) supporting conservation and community resilience
and strengthening community preparedness for natural
disasters;
(E) identifying, as appropriate, a role for relevant
United States agencies and the United States private sector
in supporting efforts to increase private sector investment
and advance economic prosperity; and
(F) improving domestic resource mobilization, including
by strengthening tax collection and enforcement and legal
arbitration mechanisms.
(2) Combating corruption, including by—
(A) strengthening the capacity of national justice systems and attorneys generals to identify and prosecute

Deadline.
Coordination.

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PUBLIC LAW 116–260—DEC. 27, 2020

money laundering and other financial crimes and breaking
up financial holdings of organized criminal syndicates,
including illegally acquired lands and proceeds from illegal
activities;
(B) strengthening special prosecutorial offices and
financial institutions to conduct asset forfeitures and
criminal analysis, and to combat corruption, money laundering, financial crimes, extortion, and human rights
crimes;
(C) implementing transparent, merit-based selection
processes for prosecutors and judges and the development
of professional and merit-based civil services;
(D) establishing or strengthening methods, procedures
for internal and external control mechanisms for the security and police services and judiciary; and
(E) supporting anticorruption efforts through bilateral
assistance and complementary support through multilateral anticorruption mechanisms when necessary.
(3) Advancing democratic governance, including by—
(A) strengthening government institutions at the local
and national levels to provide services and respond to citizen needs through transparent, inclusive, and democratic
processes;
(B) strengthening access to information laws and
reforming laws that currently limit access to information;
(C) building the capacity of independent media to
engage in professional investigative journalism;
(D) ensuring that threats and attacks on journalists,
labor leaders, human rights defenders, and other members
of civil society are fully investigated and perpetrators are
held accountable; and
(E) strengthening electoral institutions and processes
to ensure free, fair, and transparent elections.
(4) Improving security conditions, including by—
(A) implementing the Central America Regional Security Initiative;
(B) increasing the professionalization of security services, including the civilian police and military units;
(C) combating the illicit activities of transnational
criminal organizations through support to fully vetted elements of attorneys general offices, appropriate government
institutions, and security services; and
(D) enhancing the capacity of relevant security services
and attorneys general to support counternarcotics efforts
and combat human trafficking, forcible recruitment of children and youth by gangs, gender-based violence, and other
illicit activities, including trafficking of wildlife, and natural resources.
(c) CONSULTATION.—In developing the strategy required under
this section, the Secretary of State may consult with civil society
and the private sector in the United States, El Salvador, Guatemala,
and Honduras.
(d) BENCHMARKS.—The strategy required under this section
shall include annual benchmarks to track the strategy’s progress
in curbing irregular migration from the region to the United States
and improving conditions in El Salvador, Guatemala, and Honduras
by measuring progress in key areas, including—

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134 STAT. 3129

(1) reducing poverty and unemployment, increasing private
sector investment, responding to immediate humanitarian
needs, sustainably reintegrating returnees, supporting conservation and community resilience, and addressing forced
displacement in accordance with the priorities outlined in subsection (b)(1);
(2) strengthening national justice systems and attorneys
generals, supporting multilateral anticorruption mechanisms,
identifying and prosecuting money laundering and other financial crimes, breaking up financial holdings of organized criminal
syndicates, and advancing judicial integrity and investigative
capacity of local authorities in accordance with the priorities
outlined in subsection (b)(2);
(3) strengthening government institutions at the local and
national levels to provide services and respond to citizen needs
through transparent, inclusive, and democratic processes, promoting human rights, building the capacity of independent
media, developing the capacity of civil society to conduct oversight, affording legal protections for human rights defenders
and members of civil society, and strengthening electoral
institutions in accordance with priorities outlined in subsection
(b)(3); and
(4) implementing the objectives stated under the Central
America Regional Security Initiative and building the capacity
of civilian security services in accordance with the priorities
outlined in subsection (b)(4).
(e) PUBLIC DIPLOMACY.—The strategy required under this section shall include a public diplomacy strategy for educating citizens
of the region about United States assistance and its benefits to
them, and informing such citizens of the dangers of irregular migration to the United States.
(f) ANNUAL PROGRESS UPDATES.—Not later than 1 year after
the submission of the strategy required under this section and
annually thereafter for 4 years, the Secretary of State shall provide
the appropriate congressional committees with a written description
of progress made in meeting the benchmarks established in the
strategy.
(g) PUBLIC AVAILABILITY.—The strategy required under this
section shall be made publicly available on the website of the
Department of State. If appropriate, a classified annex may be
submitted to the appropriate congressional committees.
(h) DEFINITION.—In this section, the term ‘‘appropriate congressional committees’’ means—
(1) the Committee on Foreign Relations and the Committee
on Appropriations of the Senate; and
(2) the Committee on Foreign Affairs and the Committee
on Appropriations of the House of Representatives.

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SEC. 353. TARGETED SANCTIONS TO FIGHT CORRUPTION IN EL SALVADOR, GUATEMALA, AND HONDURAS.

Deadline.

Web posting.
Classified
information.

22 USC 2277a.

(a) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) corruption in El Salvador, Guatemala, and Honduras
by private citizens and select officials in local, regional, and
Federal governments significantly damages the economies of
such countries and deprives citizens of opportunities;
(2) corruption in El Salvador, Guatemala, and Honduras
is facilitated and carried out not only by private citizens and

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President.
Determination.

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select officials from those countries but also in many instances
by individuals from third countries; and
(3) imposing targeted sanctions on individuals from
throughout the world and particularly in the Western Hemisphere who are engaged in acts of significant corruption that
impact El Salvador, Guatemala, and Honduras or obstruction
of investigations into such acts of corruption will benefit the
citizens and governments of such countries.
(b) REPORT REQUIRED.—Not later than 180 days after the date
of the enactment of this Act, and not less frequently than annually
thereafter, the President shall submit to the appropriate congressional committees an unclassified report with classified annex if
necessary that identifies each foreign person who the President
determines to have knowingly engaged in actions that undermine
democratic processes or institutions, or in significant corruption
or obstruction of investigations into such acts of corruption in
El Salvador, Guatemala, and Honduras, including the following:
(1) Corruption related to government contracts.
(2) Bribery and extortion.
(3) The facilitation or transfer of the proceeds of corruption,
including through money laundering.
(4) Acts of violence, harassment, or intimidation directed
at governmental and nongovernmental corruption investigators.
(c) IMPOSITION OF SANCTIONS.—The President shall impose the
sanctions described in subsection (d) with respect to each foreign
person identified in the report required under subsection (b).
(d) SANCTIONS DESCRIBED.—
(1) IN GENERAL.—The sanctions described in this subsection
are the following:
(A) INELIGIBILITY FOR VISAS AND ADMISSION TO THE
UNITED STATES.—In the case of a foreign person who is
an individual, such foreign person is—
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other documentation to enter the United States; and
(iii) otherwise ineligible to be admitted or paroled
into the United States or to receive any other benefit
under the Immigration and Nationality Act (8 U.S.C.
1101 et seq.).
(B) CURRENT VISAS REVOKED.—
(i) IN GENERAL.—The issuing consular officer or
the Secretary of State, (or a designee of the Secretary
of State) shall, in accordance with section 221(i) of
the Immigration and Nationality Act (8 U.S.C. 1201(i)),
revoke any visa or other entry documentation issued
to a foreign person regardless of when the visa or
other entry documentation is issued.
(ii) EFFECT OF REVOCATION.—A revocation under
clause (i) shall—
(I) take effect immediately; and
(II) automatically cancel any other valid visa
or entry documentation that is in the foreign person’s possession.
(2) EXCEPTION TO COMPLY WITH INTERNATIONAL OBLIGATIONS.—Sanctions under subparagraph (B) and (C) of paragraph
(1) shall not apply with respect to a foreign person if admitting
or paroling such person into the United States is necessary

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134 STAT. 3131

to permit the United States to comply with the Agreement
regarding the Headquarters of the United Nations, signed at
Lake Success June 26, 1947, and entered into force November
21, 1947, between the United Nations and the United States,
or other applicable international obligations.
(e) NATIONAL SECURITY WAIVER.—The President may waive
the application of the sanctions under subsection (c) if the President—
(1) determines that such a waiver is in the national security
interest of the United States; and
(2) submits to the appropriate congressional committees
within 15 days after such determination a notice of and justification for the waiver.
(f) TERMINATION.—The authority to impose sanctions under
subsection (b), and any sanctions imposed pursuant to such
authority, shall expire on the date that is 3 years after the date
of the enactment of this Act.
(g) PUBLIC AVAILABILITY.—The unclassified portion of the report
required by subsection (b) shall be made available to the public,
including through publication in the Federal Register. In any case
in which the President concludes that such publication would be
harmful to the national security of the United States, only a statement that a determination or finding has been made by the President, including the name and section of the Act under which it
was made, shall be published.
(h) DEFINITIONS.—In this section, the term ‘‘appropriate
congressional committees’’ means—
(1) the Committee on Foreign Relations and the Committee
on the Judiciary of the Senate;
(2) the Committee on Foreign Affairs and the Committee
on the Judiciary of the House of Representatives.

President.

Determination.
Deadline.

Federal Register,
publication.
President.
Determination.

Subtitle G—Other Provisions
SEC. 361. OFFICE OF SANCTIONS COORDINATION.

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OF

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(a) OFFICE OF SANCTIONS COORDINATION OF THE DEPARTMENT
STATE.—
(1) IN GENERAL.—Section 1 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a) is amended by adding
at the end the following new subsection:
‘‘(h) OFFICE OF SANCTIONS COORDINATION.—
‘‘(1) IN GENERAL.—There is established, within the Department of State, an Office of Sanctions Coordination (in this
subsection referred to as the ‘Office’).
‘‘(2) HEAD.—The head of the Office shall—
‘‘(A) have the rank and status of ambassador;
‘‘(B) be appointed by the President, by and with the
advice and consent of the Senate; and
‘‘(C) report directly to the Secretary of State.
‘‘(3) DUTIES.—The head of the Office shall—
‘‘(A) exercise sanctions authorities delegated to the Secretary;
‘‘(B) serve as the principal advisor to the senior
management of the Department and the Secretary
regarding the development and implementation of sanctions policy;

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Deadline.

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22 USC 2651a
note.

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‘‘(C) serve as the lead representative of the United
States in diplomatic engagement on sanctions matters;
‘‘(D) consult and closely coordinate with allies and partners of the United States, including the United Kingdom,
the European Union and member countries of the European
Union, Canada, Australia, New Zealand, Japan, and South
Korea, to ensure the maximum effectiveness of sanctions
imposed by the United States and such allies and partners;
‘‘(E) serve as the coordinator for the development and
implementation of sanctions policy with respect to all activities, policies, and programs of all bureaus and offices of
the Department relating to the development and
implementation of sanctions policy; and
‘‘(F) serve as the lead representative of the Department
in interagency discussions with respect to the development
and implementation of sanctions policy.
‘‘(4) DIRECT HIRE AUTHORITY.—
‘‘(A) IN GENERAL.—The head of the Office may appoint,
without regard to the provisions of sections 3309 through
3318 of title 5, United States Code, candidates directly
to positions in the competitive service, as defined in section
2102 of that title, in the Office.
‘‘(B) TERMINATION.—The authority provided under
subparagraph (A) shall terminate on the date that is two
years after the date of the enactment of this subsection.’’.
(2) CONFORMING AMENDMENT.—Section 1(c)(3) of the State
Department Basic Authorities Act of 1956 (22 U.S.C.
2651a(c)(3)) is amended by adding at the end the following
new subparagraph:
‘‘(C) COORDINATION.—The Assistant Secretary authorized under subparagraph (A) shall coordinate with the
Office of Sanctions Coordination established under subsection (h) with respect to the development and
implementation of economic sanctions.’’.
(3) BRIEFING REQUIRED.—Not later than 60 days after the
date of the enactment of this Act and every 90 days thereafter
until the date that is two years after such date of enactment,
the Secretary of State shall brief the appropriate congressional
committees on the efforts of the Department of State to establish the Office of Sanctions Coordination pursuant to subsection
(h) of section 1 of the State Department Basic Authorities
Act of 1956, as added by paragraph (1), including a description
of—
(A) measures taken to implement the requirements
of such subsection and to establish the Office;
(B) actions taken by the Office to carry out the duties
listed in paragraph (3) of such subsection;
(C) the resources devoted to the Office, including the
number of employees working in the Office; and
(D) plans for the use of the direct hire authority provided under paragraph (4) of such subsection.
(b) COORDINATION WITH ALLIES AND PARTNERS OF THE UNITED
STATES.—
(1) IN GENERAL.—The Secretary of State shall develop and
implement mechanisms and programs, as appropriate, through
the head of the Office of Sanctions Coordination established
pursuant to subsection (h) of section 1 of the State Department

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Basic Authorities Act of 1956, as added by subsection (a)(1),
to coordinate the development and implementation of United
States sanctions policies with allies and partners of the United
States, including the United Kingdom, the European Union
and member countries of the European Union, Canada, Australia, New Zealand, Japan, and South Korea.
(2) INFORMATION SHARING.—The Secretary should pursue
the development and implementation of mechanisms and programs under paragraph (1), as appropriate, that involve the
sharing of information with respect to policy development and
sanctions implementation.
(3) CAPACITY BUILDING.—The Secretary should pursue
efforts, in coordination with the Secretary of the Treasury and
the head of any other Federal agency the Secretary considers
appropriate, to assist allies and partners of the United States,
including the countries specified in paragraph (1), as appropriate, in the development of their legal and technical capacities
to develop and implement sanctions authorities.
(4) EXCHANGE PROGRAMS.—In furtherance of the efforts
described in paragraph (3), the Secretary, in coordination with
the Secretary of the Treasury and the head of any other Federal
agency the Secretary considers appropriate, may enter into
agreements with counterpart agencies in foreign governments
establishing exchange programs for the temporary detail of
Federal Government employees to share information and expertise with respect to the development and implementation of
sanctions authorities.
(5) BRIEFING REQUIRED.—Not later than 90 days after the
date of the enactment of this Act and every 180 days thereafter
until the date that is five years after such date of enactment,
the Secretary of State shall brief the appropriate congressional
committees on the efforts of the Department of State to implement this section, including a description of—
(A) measures taken to implement paragraph (1);
(B) actions taken pursuant to paragraphs (2) through
(4);
(C) the extent of coordination between the United
States and allies and partners of the United States,
including the countries specified in paragraph (1), with
respect to the development and implementation of sanctions
policy; and
(D) obstacles preventing closer coordination between
the United States and such allies and partners with respect
to the development and implementation of sanctions policy.
(c) SENSE OF CONGRESS.—It is the sense of the Congress that
the President should appoint a coordinator for sanctions and
national economic security issues within the framework of the
National Security Council.
(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’
means—
(1) the Committee on Foreign Relations, the Committee
on Banking, Housing, and Urban Affairs, the Committee on
Homeland Security and Governmental Affairs, and the Committee on Finance of the Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Financial Services, the Committee on Oversight and Reform,

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134 STAT. 3134

PUBLIC LAW 116–260—DEC. 27, 2020
and the Committee on Way and Means of the House of Representatives.

TITLE IV—SENATE SERGEANT AT ARMS
CLOUD SERVICES

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SEC. 401. SENATE SERGEANT AT ARMS CLOUD SERVICES.

(a) Section 10 of the Legislative Branch Appropriations Act,
2005 (2 U.S.C. 6628) is amended—
(1) by redesignating subsection (b) as subsection (h); and
(2) by striking subsection (a) and inserting the following:
‘‘(a) IN GENERAL.—In this section—
‘‘(1) the term ‘agent of the Office of the SAA’ includes
a provider of electronic communication service or remote computing service commissioned or used through the Office of
the SAA by a Senate office to provide such services to the
Senate office;
‘‘(2) the term ‘electronic communication service’ has the
meaning given that term in section 2510 of title 18, United
States Code;
‘‘(3) the term ‘Office of the SAA’ means the Office of the
Sergeant at Arms and Doorkeeper of the Senate;
‘‘(4) the term ‘provider for a Senate office’ means a provider
of electronic communication service or remote computing service
directly commissioned or used by a Senate office to provide
such services;
‘‘(5) the term ‘remote computing service’ has the meaning
given that term in section 2711 of title 18, United States
Code;
‘‘(6) the term ‘Senate data’, with respect to a Senate office,
means any electronic mail or other electronic or data communication, other data (including metadata), or other information
of the Senate office; and
‘‘(7) the term ‘Senate office’ means a committee or office
of the Senate, including a Senator, an officer of the Senate,
or an employee of, intern at, or other agent of a committee
or office of the Senate.
‘‘(b) TREATMENT.—
‘‘(1) RETAINING POSSESSION.—
‘‘(A) IN GENERAL.—A Senate office shall be deemed
to retain possession of any Senate data of the Senate
office, without regard to the use by the Senate office of
any individual or entity described in paragraph (2) for
the purposes of any function or service described in paragraph (2).
‘‘(B) RULE OF CONSTRUCTION.—Subparagraph (A) shall
not be construed to limit the use by an intended recipient
of any Senate data from a Senate office.
‘‘(2) SERGEANT AT ARMS AND PROVIDERS FOR A SENATE
OFFICE.—The Office of the SAA, any officer, employee, or agent
of the Office of the SAA, and any provider for a Senate office
shall not be treated as acquiring possession, custody, or control
of any Senate data by reason of its being transmitted, processed,
or stored (whether temporarily or otherwise) through the use
of an electronic system established, maintained, or operated,
or the use of electronic services provided, in whole or in part

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 3135

by the Office of the SAA, the officer, employee, or agent of
the Office of the SAA, or the provider for the Senate office.
‘‘(c) NOTIFICATION.—Notwithstanding any other provision of law
or rule of civil or criminal procedure, the Office of the SAA, any
officer, employee, or agent of the Office of the SAA, and any provider
for a Senate office that is providing services to or used by a Senate
office shall not be barred, through operation of any court order
or any statutory provision, from notifying the Senate office of any
legal process seeking disclosure of Senate data of the Senate office
that is transmitted, processed, or stored (whether temporarily or
otherwise) through the use of an electronic system established,
maintained, or operated, or the use of electronic services provided,
in whole or in part by the Office of the SAA, the officer, employee,
or agent of the Office of the SAA, or the provider for a Senate
office.
‘‘(d) MOTIONS TO QUASH OR MODIFY.—Upon a motion made
promptly by a Senate office or provider for a Senate office, a
court of competent jurisdiction shall quash or modify any legal
process directed to the provider for a Senate office if compliance
with the legal process would require the disclosure of Senate data
of the Senate office.
‘‘(e) INFORMATION REGARDING IMPLICATIONS OF USING PROVIDERS.—The Office of the SAA, in consultation with the Senate
Legal Counsel, shall provide information to each Senate office that
commissions or uses a provider of electronic communication service
or remote computing service to provide such services to the Senate
office regarding the potential constitutional implications and the
potential impact on privileges that may be asserted by the Senate
office.
‘‘(f) APPLICABLE PRIVILEGES.—Nothing in this section shall be
construed to limit or supersede any applicable privilege, immunity,
or other objection that may apply to the disclosure of Senate data.
‘‘(g) PREEMPTION.—Except as provided in this section, any provision of law or rule of civil or criminal procedure of any State,
political subdivision, or agency thereof, which is inconsistent with
this section shall be deemed to be preempted and superseded.’’.
(b)(1) In this subsection, the terms ‘‘Senate data’’ and ‘‘Senate
office’’ have the meanings given such terms in section 10 of the
Legislative Branch Appropriations Act, 2005, as amended by subsection (a) of this section.
(2) The amendments made by this section shall—
(A) take effect as though included in the Legislative Branch
Appropriations Act, 2005 (division G of Public Law 108–447;
118 Stat. 3166); and
(B) apply with respect to—
(i) any legal process seeking disclosure of Senate data
of a Senate office that is filed, issued, or made on or
after the date of enactment of this Act; and
(ii) any matter that is pending on or after the date
of enactment of this Act that relates to legal process
described in clause (i) that is filed, issued, or made before
the date of enactment of this Act, unless the Senate data
of the Senate office was disclosed in accordance with such
legal process before the date of enactment of this Act.

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Consultation.

2 USC 6628 note.

Data.

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134 STAT. 3136

PUBLIC LAW 116–260—DEC. 27, 2020

TITLE V—REPEAL OF REQUIREMENT TO
SELL CERTAIN FEDERAL PROPERTY
IN PLUM ISLAND, NEW YORK
SEC. 501. REPEAL OF REQUIREMENT TO SELL CERTAIN FEDERAL
PROPERTY IN PLUM ISLAND, NEW YORK.

6 USC 190 note.

Preventing
Online Sales of
E-Cigarettes to
Children Act.
15 USC 375 note.

(a) REPEAL OF REQUIREMENT IN PUBLIC LAW 110–329.—Section
540 of the Department of Homeland Security Appropriations Act,
2009 (division D of Public Law 110–329; 122 Stat. 3688) is repealed.
(b) REPEAL OF REQUIREMENT IN PUBLIC LAW 112–74.—Section
538 of the Department of Homeland Security Appropriations Act,
2012 (6 U.S.C. 190 note; division D of Public Law 112–74) is
repealed.
(c) REQUIREMENT.—The Administrator of General Services shall
ensure that—
(1) Federal property commonly known as Plum Island,
New York, including the Orient point facility, all real and
personal property and transportation assets that support Plum
Island operations and access to Plum Island, be disposed of
as a single consolidated asset; and
(2) such disposal is subject to conditions as may be necessary to protect Government interests and meet program
requirements.

TITLE VI—PREVENTING ONLINE SALES
OF E-CIGARETTES TO CHILDREN
SEC. 601. SHORT TITLE.

This title may be cited as the ‘‘Preventing Online Sales of
E-Cigarettes to Children Act’’.

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SEC. 602. AMENDMENTS TO THE JENKINS ACT.

(a) IN GENERAL.—The Act entitled ‘‘An Act to assist States
in collecting sales and use taxes on cigarettes’’, approved October
19, 1949 (commonly known as the ‘‘Jenkins Act’’) (15 U.S.C. 375
et seq.), is amended—
(1) in section 1 (15 U.S.C. 375)—
(A) in paragraph (2)(A)(ii)—
(i) by striking ‘‘includes roll-your-own tobacco’’ and
inserting the following: ‘‘includes—
‘‘(I) roll-your-own tobacco’’;
(ii) in subclause (I), as so designated, by striking
the period at the end and inserting ‘‘; and’’; and
(iii) by adding at the end the following:
‘‘(II) an electronic nicotine delivery system.’’;
(B) by redesignating paragraphs (7) through (14) as
paragraphs (8) through (15), respectively; and
(C) by inserting after paragraph (6) the following:
‘‘(7) ELECTRONIC NICOTINE DELIVERY SYSTEM.—The term
‘electronic nicotine delivery system’—
‘‘(A) means any electronic device that, through an aerosolized solution, delivers nicotine, flavor, or any other substance to the user inhaling from the device;
‘‘(B) includes—

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 3137

‘‘(i) an e-cigarette;
‘‘(ii) an e-hookah;
‘‘(iii) an e-cigar;
‘‘(iv) a vape pen;
‘‘(v) an advanced refillable personal vaporizer;
‘‘(vi) an electronic pipe; and
‘‘(vii) any component, liquid, part, or accessory of
a device described in subparagraph (A), without regard
to whether the component, liquid, part, or accessory
is sold separately from the device; and
‘‘(C) does not include a product that is—
‘‘(i) approved by the Food and Drug Administration
for—
‘‘(I) sale as a tobacco cessation product; or
‘‘(II) any other therapeutic purpose; and
‘‘(ii) marketed and sold solely for a purpose
described in clause (i).’’; and
(2) in section 2A(b)(1) (15 U.S.C. 376a(b)(1)), by inserting
‘‘NICOTINE/’’
after
‘‘CIGARETTES/’’.
(b) EFFECTIVE DATE.—This section, and the amendments made
by this section, shall take effect on the date that is 90 days after
the date of enactment of this Act.
(c) RULE OF CONSTRUCTION.—Nothing in this section, or an
amendment made by this section, may be construed to affect or
otherwise alter any provision of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), including its implementing regulations.

18 USC 1716E
note.

(a) REGULATIONS.—Not later than 120 days after the date of
enactment of this Act, the United States Postal Service shall
promulgate regulations to clarify the applicability of the prohibition
on mailing of cigarettes under section 1716E of title 18, United
States Code, to electronic nicotine delivery systems, in accordance
with the amendment to the definition of ‘‘cigarette’’ made by section
602.
(b) EFFECTIVE DATE.—The prohibition on mailing of cigarettes
under section 1716E of title 18, United States Code, shall apply
to electronic nicotine delivery systems on and after the date on
which the United States Postal Service promulgates regulations
under subsection (a) of this section.

Deadline.

SEC. 701. SHORT TITLE; EFFECTIVE DATE.

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15 USC 375 note.

SEC. 603. NONMAILABILITY OF ELECTRONIC NICOTINE DELIVERY SYSTEMS.

TITLE VII—FAFSA SIMPLIFICATION
(a) SHORT TITLE.—This title may be cited as the ‘‘FAFSA Simplification Act’’.
(b) GENERAL EFFECTIVE DATE.—Except as otherwise expressly
provided, this Act, and the amendments made by this title to
the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), shall
take effect on July 1, 2023, and shall apply with respect to award
year 2023–2024 and each subsequent award year, as determined
under the Higher Education Act of 1965. The Secretary of Education
shall have the authority to take such steps as are necessary before

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FAFSA
Simplification
Act.
20 USC 1001
note.
20 USC 1001
note.
Applicability.

PUBL260B

134 STAT. 3138

PUBLIC LAW 116–260—DEC. 27, 2020

July 1, 2023, to provide for the orderly implementation on such
date of the amendments to the Higher Education Act of 1965
made by this Act.
Determinations.

SEC. 702. MAKING IT EASIER TO APPLY FOR FEDERAL AID AND MAKING
THAT AID PREDICTABLE.

(a) NEED ANALYSIS.—
(1) IN GENERAL.—Section 471 of the Higher Education Act
of 1965 (20 U.S.C. 1087kk) is amended to read as follows:
‘‘SEC. 471. AMOUNT OF NEED.

20 USC 1001
note.

‘‘Except as otherwise provided therein, for award year 2023–
2024 and each subsequent award year, the amount of need of
any student for financial assistance under this title (except subpart
1 or 2 of part A) is equal to—
‘‘(1) the cost of attendance of such student, minus
‘‘(2) the student aid index (as defined in section 473) for
such student, minus
‘‘(3) other financial assistance not received under this title
(as defined in section 480(i)).’’.
(2) MAXIMUM AID UNDER PART D.—Section 451 of the Higher
Education Act of 1965 (20 U.S.C. 1087a) is amended by adding
at the end the following:
‘‘(c) MAXIMUM AID.—The maximum dollar amount of financial
assistance provided under this part to a student shall not exceed
the cost of attendance for such student.’’.
(3) GUIDANCE TO STATES.—The Secretary of Education shall
issue guidance for States on interpretation and implementation
of the terminology and formula adjustments made to the Higher
Education Act of 1965 (20 U.S.C. 1001 et seq.) under the
amendments by this Act, including the student aid index, formerly known as the expected family contribution, and the need
analysis formulas.
(b) COST OF ATTENDANCE AND STUDENT AID INDEX.—Sections
472 and 473 of the Higher Education Act of 1965 (20 U.S.C. 1087ll
and 1087mm) are amended to read as follows:

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‘‘SEC. 472. COST OF ATTENDANCE.

‘‘(a) IN GENERAL.—For the purpose of this title, the term ‘cost
of attendance’ means—
‘‘(1) tuition and fees normally assessed a student carrying
the same academic workload as determined by the institution;
‘‘(2) an allowance for books, course materials, supplies,
and equipment, which shall include all such costs required
of all such students in the same course of study, including
a reasonable allowance for the documented rental or upfront
purchase of a personal computer, as determined by the institution;
‘‘(3) an allowance for transportation, which may include
transportation between campus, residences, and place of work,
as determined by the institution;
‘‘(4) an allowance for miscellaneous personal expenses, for
a student attending the institution on at least a half-time
basis, as determined by the institution;
‘‘(5) an allowance for living expenses, including food and
housing costs, to be incurred by the student attending the
institution on at least a half-time basis, as determined by
the institution, which shall include—

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 3139

‘‘(A) for a student electing institutionally owned or
operated food services, such as board or meal plans, a
standard allowance for such services that provides the
equivalent of three meals each day;
‘‘(B) for a student not electing institutionally owned
or operated food services, such as board or meal plans,
a standard allowance for purchasing food off campus that
provides the equivalent of three meals each day;
‘‘(C) for a student without dependents residing in
institutionally owned or operated housing, a standard
allowance determined by the institution based on the average or median amount assessed to such residents for
housing charges, whichever is greater;
‘‘(D) for a student with dependents residing in institutionally owned or operated housing, a standard allowance
determined by the institution based on the average or
median amount assessed to such residents for housing
charges, whichever is greater;
‘‘(E) for a student living off campus, and not in institutionally owned or operated housing, a standard allowance
for rent or other housing costs;
‘‘(F) for a dependent student residing at home with
parents, a standard allowance that shall not be zero determined by the institution;
‘‘(G) for a student living in housing located on a military base or for which a basic allowance is provided under
section 403(b) of title 37, United States Code, a standard
allowance for food based upon such student’s choice of
purchasing food on-campus or off-campus (determined
respectively in accordance with subparagraph (A) or (B)),
but not for housing costs; and
‘‘(H) for all other students, an allowance based on
the expenses reasonably incurred by such students for
housing and food;
‘‘(6) for a student engaged in a program of study by correspondence, only tuition and fees and, if required, books and
supplies, travel, and housing and food costs incurred specifically
in fulfilling a required period of residential training;
‘‘(7) for a confined or incarcerated student, only tuition,
fees, books, course materials, supplies, equipment, and the
cost of obtaining a license, certification, or a first professional
credential in accordance with paragraph (14);
‘‘(8) for a student enrolled in an academic program in
a program of study abroad approved for credit by the student’s
home institution, reasonable costs associated with such study
(as determined by the institution at which such student is
enrolled);
‘‘(9) for a student with one or more dependents, an allowance based on the estimated actual expenses incurred for such
dependent care, based on the number and age of such dependents, except that—
‘‘(A) such allowance shall not exceed the reasonable
cost in the community in which such student resides for
the kind of care provided; and
‘‘(B) the period for which dependent care is required
includes, but is not limited to, class-time, study-time, field
work, internships, and commuting time;

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134 STAT. 3140

PUBLIC LAW 116–260—DEC. 27, 2020

‘‘(10) for a student with a disability, an allowance (as
determined by the institution) for those expenses related to
the student’s disability, including special services, personal
assistance, transportation, equipment, and supplies that are
reasonably incurred and not provided for by other assisting
agencies;
‘‘(11) for a student receiving all or part of the student’s
instruction by means of telecommunications technology, no
distinction shall be made with respect to the mode of instruction
in determining costs;
‘‘(12) for a student engaged in a work experience under
a cooperative education program, an allowance for reasonable
costs associated with such employment (as determined by the
institution);
‘‘(13) for a student who receives a Federal student loan
made under this title or any other Federal law, to cover a
student’s cost of attendance at the institution, an allowance
for the actual cost of any loan fee, origination fee, or insurance
premium charged to such student or the parent of such student
on such loan; and
‘‘(14) for a student in a program requiring professional
licensure, certification, or a first professional credential, the
cost of obtaining the license, certification, or a first professional
credential.
‘‘(b) SPECIAL RULE FOR LIVING EXPENSES FOR LESS-THAN-HALFTIME STUDENTS.—For students attending an institution of higher
education less than half-time, an institution of higher education
may include an allowance for living expenses, including food and
housing costs in accordance with subsection (a)(4) for up to three
semesters, or the equivalent, with no more than two semesters
being consecutive.
‘‘(c) DISCLOSURE OF COST OF ATTENDANCE ELEMENTS.—Each
institution shall make publicly available on the institution’s website
a list of all the elements of cost of attendance described in paragraphs (1) through (14) of subsection (a), and shall disclose such
elements on any portion of the website describing tuition and fees
of the institution.
‘‘SEC. 473. SPECIAL RULES FOR STUDENT AID INDEX.

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‘‘(a) IN GENERAL.—For the purpose of this Act, the term ‘student
aid index’ means, with respect to a student, an index that reflects
an evaluation of a student’s approximate financial resources to
contribute toward the student’s postsecondary education for the
academic year, as determined in accordance with this part.
‘‘(b) SPECIAL RULE FOR STUDENTS ELIGIBLE FOR THE TOTAL
MAXIMUM PELL GRANT.—The Secretary shall consider an applicant
to automatically have a student aid index equal to zero if the
applicant is eligible for the total maximum Federal Pell Grant
under section 401(b)(1)(A), except that, if the applicant has a calculated student aid index of less than zero the Secretary shall
consider the negative number as the student aid index for the
applicant.
‘‘(c) SPECIAL RULE FOR NONFILERS.—Notwithstanding subsection (b), for an applicant (or, as applicable, an applicant and
spouse, or an applicant’s parents) who is not required to file a
Federal tax return for the second preceding tax year, the Secretary

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 3141

shall for the purposes of this title consider the student aid index
as equal to – $1,500 for the applicant.’’.
(c) DETERMINATION OF STUDENT AID INDEX.—Section 474 of
the Higher Education Act of 1965 (20 U.S.C. 1087nn) is amended
to read as follows:
‘‘SEC. 474. DETERMINATION OF STUDENT AID INDEX.

‘‘The student aid index—
‘‘(1) for a dependent student shall be determined in accordance with section 475;
‘‘(2) for a single independent student or a married independent student without dependents (other than a spouse) shall
be determined in accordance with section 476; and
‘‘(3) for an independent student with dependents other
than a spouse shall be determined in accordance with section
477.’’.
(d) STUDENT AID INDEX FOR DEPENDENT STUDENTS.—Section
475 of the Higher Education Act of 1965 (20 U.S.C. 1087oo) is
amended to read as follows:

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‘‘SEC. 475. STUDENT AID INDEX FOR DEPENDENT STUDENTS.

‘‘(a) COMPUTATION OF STUDENT AID INDEX.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
for each dependent student, the student aid index is equal
to the sum of—
‘‘(A) the assessment of the parents’ adjusted available
income (determined in accordance with subsection (b));
‘‘(B) the assessment of the student’s available income
(determined in accordance with subsection (g)); and
‘‘(C) the student’s available assets (determined in
accordance with subsection (h)).
‘‘(2) EXCEPTION.—If the sum determined under paragraph
(1) with respect to a dependent student is less than – $1,500,
the student aid index for the dependent student shall be –
$1,500.
‘‘(b) ASSESSMENT OF PARENTS’ ADJUSTED AVAILABLE INCOME.—
The assessment of parents’ adjusted available income is equal to
the amount determined by—
‘‘(1) computing adjusted available income by adding—
‘‘(A) the parents’ available income (determined in
accordance with subsection (c)); and
‘‘(B) the parents’ available assets (determined in
accordance with subsection (d));
‘‘(2) assessing such adjusted available income in accordance
with the assessment schedule set forth in subsection (e); and
‘‘(3) considering such assessment resulting under paragraph
(2) as the amount determined under this subsection.
‘‘(c) PARENTS’ AVAILABLE INCOME.—
‘‘(1) IN GENERAL.—The parents’ available income is determined by subtracting from total income (as defined in section
480)—
‘‘(A) Federal income taxes;
‘‘(B) an allowance for payroll taxes, determined in
accordance with paragraph (2);
‘‘(C) an income protection allowance, determined in
accordance with paragraph (3); and
‘‘(D) an employment expense allowance, determined
in accordance with paragraph (4).

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Assessments.

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134 STAT. 3142

PUBLIC LAW 116–260—DEC. 27, 2020
‘‘(2) ALLOWANCE FOR PAYROLL TAXES.—The allowance for
payroll taxes is equal to the sum of—
‘‘(A) the total amount earned by the parents, multiplied
by the rate of tax under section 3101(b) of the Internal
Revenue Code of 1986; and
‘‘(B) the amount earned by the parents that does not
exceed such contribution and benefit base (twice such contribution and benefit base, in the case of a joint return)
for the year of the earnings, multiplied by the rate of
tax applicable to such earnings under section 3101(a) of
the Internal Revenue Code of 1986.
‘‘(3) INCOME PROTECTION ALLOWANCE.—The income protection allowance shall equal the amount determined in the following table, as adjusted by the Secretary pursuant to section
478(b):

‘‘Income Protection Allowance (to be adjusted for 2023–2024 and
succeeding years)
Family Size (including student)

Amount

2 ....................................................................................................
3 ....................................................................................................
4 ....................................................................................................
5 ....................................................................................................
6 ....................................................................................................
For each additional add ..............................................................

$23,330
$29,040
$35,870
$42,320
$49,500
$5,590.

‘‘(4) EMPLOYMENT EXPENSE ALLOWANCE.—The employment
expense allowance is equal to the lesser of $4,000 or 35 percent
of the single parent’s earned income or married parents’ combined earned income (as adjusted by the Secretary pursuant
to section 478(g)).
‘‘(d) PARENTS’ AVAILABLE ASSETS.—
‘‘(1) IN GENERAL.—
‘‘(A) DETERMINATION.—Except as provided in subparagraph (B), the parents’ available assets are equal to—
‘‘(i) the difference between the parents’ assets and
the asset protection allowance (determined in accordance with paragraph (2)); multiplied by
‘‘(ii) 12 percent.
‘‘(B) NOT LESS THAN ZERO.—The parents’ available
assets under this subsection shall not be less than zero.
‘‘(2) ASSET PROTECTION ALLOWANCE.—The asset protection
allowance is calculated based on the following table (as revised
by the Secretary pursuant to section 478(d)):
‘‘Asset Protection Allowances for Parents of Dependent Students
And there are
two parents

dkrause on LAP5T8D0R2PROD with PUBLAWS

If the age of the oldest
parent is—

then the allowance is—

25 or less ......................
26 ..................................
27 ..................................

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PUBL260B

PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 3143

‘‘Asset Protection Allowances for Parents of Dependent Students—
Continued
And there are
two parents
If the age of the oldest
parent is—

dkrause on LAP5T8D0R2PROD with PUBLAWS

28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65

one parent

then the allowance is—

..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
or more ....................

$1,100
$1,500
$1,800
$2,200
$2,600
$2,900
$3,300
$3,700
$4,000
$4,400
$4,800
$5,100
$5,500
$5,600
$5,700
$5,900
$6,000
$6,200
$6,300
$6,500
$6,600
$6,800
$7,000
$7,100
$7,300
$7,500
$7,700
$7,900
$8,100
$8,400
$8,600
$8,800
$9,100
$9,300
$9,600
$9,900
$10,200
$10,500

$400
$600
$700
$800
$1,000
$1,100
$1,300
$1,400
$1,500
$1,700
$1,800
$2,000
$2,100
$2,200
$2,200
$2,300
$2,300
$2,400
$2,400
$2,500
$2,500
$2,600
$2,700
$2,700
$2,800
$2,900
$2,900
$3,000
$3,100
$3,100
$3,200
$3,300
$3,400
$3,500
$3,600
$3,700
$3,800
$3,900.

‘‘(e) ASSESSMENT SCHEDULE.—The assessment of the parents’
adjusted available income (as determined under subsection (b)(1)
and hereafter in this subsection referred to as ‘AAI’) is calculated
based on the following table (as revised by the Secretary pursuant
to section 478(e)):

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PUBL260B

134 STAT. 3144

PUBLIC LAW 116–260—DEC. 27, 2020
‘‘Parents’ Contribution From AAI
Then the parents’ contribution from AAI
is—

If the parents’ AAI is—

dkrause on LAP5T8D0R2PROD with PUBLAWS

Less than – $6,820 ....................................
– $6,820 to $17,400 ...................................
$17,401 to $21,800 ...................................
$21,801 to $26,200 ...................................
$26,201 to $30,700 ...................................
$30,701 to $35,100 ...................................
$35,101 or more ........................................

– $1,500
22% of AAI
$3,828 + 25%
$4,928 + 29%
$6,204 + 34%
$7,734 + 40%
$9,494 + 47%

of
of
of
of
of

AAI
AAI
AAI
AAI
AAI

over
over
over
over
over

$17,400
$21,800
$26,200
$30,700
$35,100.

‘‘(f) CONSIDERATION OF PARENTAL INCOME.—
‘‘(1) PARENTS WHO LIVE TOGETHER.—Parental income and
assets in the case of student whose parents are married and
not separated, or who are unmarried but live together, shall
include the income and assets of both parents.
‘‘(2) DIVORCED OR SEPARATED PARENTS.—Parental income
and assets for a student whose parents are divorced or separated, but not remarried, is determined by including only the
income and assets of the parent who provides the greater
portion of the student’s financial support.
‘‘(3) DEATH OF A PARENT.—Parental income and assets in
the case of the death of any parent is determined as follows:
‘‘(A) If either of the parents has died, the surviving
parent shall be considered a single parent, until that parent
has remarried.
‘‘(B) If both parents have died, the student shall not
report any parental income or assets.
‘‘(4) REMARRIED PARENTS.—If a parent whose income and
assets are taken into account under paragraph (2), or if a
parent who is a widow or widower and whose income is taken
into account under paragraph (3), has remarried, the income
of that parent’s spouse shall be included in determining the
parent’s assessment of adjusted available income if the student’s parent and the stepparent are married as of the date
of application for the award year concerned.
‘‘(5) SINGLE PARENT WHO IS NOT DIVORCED OR SEPARATED.—
Parental income and assets in the case of a student whose
parent is not described in paragraph (1) and is a single parent
who is not divorced, separated, or remarried, shall include
the income and assets of such single parent.
‘‘(g) STUDENT’S AVAILABLE INCOME.—
‘‘(1) IN GENERAL.—The student’s available income is equal
to—
‘‘(A) the difference between the student’s total income
(determined in accordance with section 480) and the adjustment to student income (determined in accordance with
paragraph (2)); multiplied by
‘‘(B) 50 percent.
‘‘(2) ADJUSTMENT TO STUDENT INCOME.—The adjustment
to student income is equal to the sum of—
‘‘(A) Federal income taxes;
‘‘(B) an allowance for payroll taxes determined in
accordance with paragraph (3);
‘‘(C) an income protection allowance that is equal to
$9,410, as adjusted pursuant to section 478(b); and

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PUBL260B

PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 3145

‘‘(D) an allowance for parents’ negative available
income, determined in accordance with paragraph (4).
‘‘(3) ALLOWANCE FOR PAYROLL TAXES.—The allowance for
payroll taxes is equal to the sum of—
‘‘(A) the total amount earned by the student, multiplied
by the rate of tax under section 3101(b) of the Internal
Revenue Code of 1986; and
‘‘(B) the amount earned by the student that does not
exceed such contribution and benefit base for the year
of the earnings, multiplied by the rate of tax applicable
to such earnings under section 3101(a) of the Internal
Revenue Code of 1986.
‘‘(4) ALLOWANCE FOR PARENTS’ NEGATIVE AVAILABLE
INCOME.—The allowance for parents’ negative available income
is the amount, if any, by which the sum of the amounts
deducted under subsection (c)(1) exceeds the sum of the parents’
total income (as defined in section 480) and the parents’ available assets (as determined in accordance with subsection (d)).
‘‘(h) STUDENT’S ASSETS.—The student’s assets are determined
by calculating the assets of the student and multiplying such
amount by 20 percent, except that the result shall not be less
than zero.’’.
(e) STUDENT AID INDEX FOR INDEPENDENT STUDENTS WITHOUT
DEPENDENTS OTHER THAN A SPOUSE.—Section 476 of the Higher
Education Act of 1965 (20 U.S.C. 1087pp) is amended to read
as follows:

dkrause on LAP5T8D0R2PROD with PUBLAWS

‘‘SEC. 476. STUDENT AID INDEX FOR INDEPENDENT STUDENTS WITHOUT DEPENDENTS OTHER THAN A SPOUSE.

‘‘(a) COMPUTATION OF STUDENT AID INDEX.—
‘‘(1) IN GENERAL.—For each independent student without
dependents other than a spouse, the student aid index is equal
to (except as provided in paragraph (2)) the sum of—
‘‘(A) the family’s available income (determined in
accordance with subsection (b)); and
‘‘(B) the family’s available assets (determined in accordance with subsection (c)).
‘‘(2) EXCEPTION.—If the sum determined under paragraph
(1) with respect to an independent student without dependents
other than a spouse is less than – $1,500, the student aid
index for the independent student shall be – $1,500.
‘‘(b) FAMILY’S AVAILABLE INCOME.—
‘‘(1) IN GENERAL.—The family’s available income is determined by—
‘‘(A) deducting from total income (as defined in section
480)—
‘‘(i) Federal income taxes;
‘‘(ii) an allowance for payroll taxes, determined
in accordance with paragraph (2);
‘‘(iii) an income protection allowance that is equal
to—
‘‘(I) in the case of a single independent student
without dependents, $14,630, as adjusted pursuant
to section 478(b); and
‘‘(II) in the case of a married independent student without dependents, $23,460, as adjusted
pursuant to section 478(b); and

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PUBL260B

134 STAT. 3146

PUBLIC LAW 116–260—DEC. 27, 2020
‘‘(iv) in the case of a married independent student,
an employment expense allowance, as determined in
accordance with paragraph (3); and
‘‘(B) multiplying the amount determined under
subparagraph (A) by 50 percent.
‘‘(2) ALLOWANCE FOR PAYROLL TAXES.—The allowance for
payroll taxes is equal to the sum of—
‘‘(A) the total amount earned by the student (and
spouse, if appropriate), multiplied by the rate of tax under
section 3101(b) of the Internal Revenue Code of 1986; and
‘‘(B) the amount earned by the student (and spouse,
if appropriate) that does not exceed such contribution and
benefit base (twice such contribution and benefit base, in
the case of a joint return) for the year of the earnings,
multiplied by the rate of tax applicable to such earnings
under section 3101(a) of the Internal Revenue Code of
1986.
‘‘(3) EMPLOYMENT EXPENSE ALLOWANCE.—The employment
expense allowance is equal to the following:
‘‘(A) If the student is married, such allowance is equal
to the lesser of $4,000 or 35 percent of the couple’s combined earned income (as adjusted by the Secretary pursuant
to section 478(g)).
‘‘(B) If the student is not married, the employment
expense allowance is zero.
‘‘(c) FAMILY’S AVAILABLE ASSETS.—
‘‘(1) IN GENERAL.—
‘‘(A) DETERMINATION.—Except as provided in subparagraph (B), the family’s available assets are equal to—
‘‘(i) the difference between the family’s assets (as
defined in section 480(f)) and the asset protection
allowance (determined in accordance with paragraph
(2)); multiplied by
‘‘(ii) 20 percent.
‘‘(B) NOT LESS THAN ZERO.—The family’s available
assets under this subsection shall not be less than zero.
‘‘(2) ASSET PROTECTION ALLOWANCE.—The asset protection
allowance is calculated based on the following table (as revised
by the Secretary pursuant to section 478(d)):
‘‘Asset Protection Allowances for Families and Students
And the student is
married

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If the age of the student
is—

25
26
27
28
29
30
31
32
33
34

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or less ......................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................

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$400
$700
$1,100
$1,500
$1,800
$2,200
$2,600
$2,900
$3,300

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$400
$600
$700
$800
$1,000
$1,100
$1,300

PUBL260B

PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 3147

‘‘Asset Protection Allowances for Families and Students—
Continued
And the student is
married
If the age of the student
is—

35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65

single

then the allowance is—

..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
or more ....................

$3,700
$4,000
$4,400
$4,800
$5,100
$5,500
$5,600
$5,700
$5,900
$6,000
$6,200
$6,300
$6,500
$6,600
$6,800
$7,000
$7,100
$7,300
$7,500
$7,700
$7,900
$8,100
$8,400
$8,600
$8,800
$9,100
$9,300
$9,600
$9,900
$10,200
$10,500

$1,400
$1,500
$1,700
$1,800
$2,000
$2,100
$2,200
$2,200
$2,300
$2,300
$2,400
$2,400
$2,500
$2,500
$2,600
$2,700
$2,700
$2,800
$2,900
$2,900
$3,000
$3,100
$3,100
$3,200
$3,300
$3,400
$3,500
$3,600
$3,700
$3,800
$3,900.

‘‘(d) COMPUTATIONS IN CASE OF SEPARATION, DIVORCE, OR
DEATH.—In the case of a student who is divorced or separated,
or whose spouse has died, the spouse’s income and assets shall
not be considered in determining the family’s available income
or assets.’’.
(f) STUDENT AID INDEX FOR INDEPENDENT STUDENTS WITH
DEPENDENTS OTHER THAN A SPOUSE.—Section 477 of the Higher
Education Act of 1965 (20 U.S.C. 1087qq) is amended to read
as follows:

dkrause on LAP5T8D0R2PROD with PUBLAWS

‘‘SEC. 477. STUDENT AID INDEX FOR INDEPENDENT STUDENTS WITH
DEPENDENTS OTHER THAN A SPOUSE.

‘‘(a) COMPUTATION OF STUDENT AID INDEX.—
‘‘(1) IN GENERAL.—For each independent student with
dependents other than a spouse, the student aid index is equal
to the amount determined by—
‘‘(A) computing adjusted available income by adding—

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PUBL260B

134 STAT. 3148

PUBLIC LAW 116–260—DEC. 27, 2020
‘‘(i) the family’s available income (determined in
accordance with subsection (b)); and
‘‘(ii) the family’s available assets (determined in
accordance with subsection (c));
‘‘(B) assessing such adjusted available income in
accordance with an assessment schedule set forth in subsection (d); and
‘‘(C) considering such assessment resulting under
subparagraph (B) as the amount determined under this
subsection.
‘‘(2) EXCEPTION.—If the sum determined under paragraph
(1) with respect to an independent student with dependents
other than a spouse is less than – $1,500, the student aid
index for the independent student shall be – $1,500.
‘‘(b) FAMILY’S AVAILABLE INCOME.—
‘‘(1) IN GENERAL.—The family’s available income is determined by deducting from total income (as defined in section
480)—
‘‘(A) Federal income taxes;
‘‘(B) an allowance for payroll taxes, determined in
accordance with paragraph (2);
‘‘(C) an income protection allowance, determined in
accordance with paragraph (3); and
‘‘(D) an employment expense allowance, determined
in accordance with paragraph (4).
‘‘(2) ALLOWANCE FOR PAYROLL TAXES.—The allowance for
payroll taxes is equal to the sum of—
‘‘(A) the total amount earned by the student (and
spouse, if appropriate), multiplied by the rate of tax under
section 3101(b) of the Internal Revenue Code of 1986; and
‘‘(B) the amount earned by the student (and spouse,
if appropriate) that does not exceed such contribution and
benefit base (twice such contribution and benefit base, in
the case of a joint return) for the year of the earnings,
multiplied by the rate of tax applicable to such earnings
under section 3101(a) of the Internal Revenue Code of
1986.
‘‘(3) INCOME PROTECTION ALLOWANCE.—The income protection allowance shall equal the amount determined in the following table, as adjusted by the Secretary pursuant to section
478(b):
‘‘(A) In the case of a married independent student
with dependents:

‘‘Income Protection Allowance (to be adjusted for 2023–2024 and
succeeding years)
Family Size (including student)

Amount

dkrause on LAP5T8D0R2PROD with PUBLAWS

3 ....................................................................................................
4 ....................................................................................................
5 ....................................................................................................
6 ....................................................................................................
For each additional add ..............................................................

$46,140
$56,970
$67,230
$78,620
$8,880.

‘‘(B) In the case of a single independent student with
dependents:

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PUBL260B

PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 3149

‘‘Income Protection Allowance (to be adjusted for 2023–2024 and
succeeding years)
Family Size (including student)

Amount

2 ....................................................................................................
3 ....................................................................................................
4 ....................................................................................................
5 ....................................................................................................
6 ....................................................................................................
For each additional add ..............................................................

$43,920
$54,690
$67,520
$79,680
$93,180
$10,530.

‘‘(4) EMPLOYMENT EXPENSE ALLOWANCE.—The employment
expense allowance is equal to the lesser of $4,000 or 35 percent
of the student’s earned income or the combined earned income
of the student and the student’s spouse, if applicable (as
adjusted by the Secretary pursuant to section 478(g)).
‘‘(c) FAMILY’S AVAILABLE ASSETS.—
‘‘(1) IN GENERAL.—
‘‘(A) DETERMINATION.—Except as provided in subparagraph (B), the family’s available assets are equal to—
‘‘(i) the difference between the family’s assets (as
defined in 480(f)) and the asset protection allowance
(determined in accordance with paragraph (2)); multiplied by
‘‘(ii) 7 percent.
‘‘(B) NOT LESS THAN ZERO.—The family’s available
assets under this subsection shall not be less than zero.
‘‘(2) ASSET PROTECTION ALLOWANCE.—The asset protection
allowance is calculated based on the following table (as revised
by the Secretary pursuant to section 478(d)):
‘‘Asset Protection Allowances for Families and Students
And the student is
married

dkrause on LAP5T8D0R2PROD with PUBLAWS

If the age of the student
is—

25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42

VerDate Sep 11 2014

then the allowance is—

or less ......................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................

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$0
$400
$700
$1,100
$1,500
$1,800
$2,200
$2,600
$2,900
$3,300
$3,700
$4,000
$4,400
$4,800
$5,100
$5,500
$5,600
$5,700

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$0
$100
$300
$400
$600
$700
$800
$1,000
$1,100
$1,300
$1,400
$1,500
$1,700
$1,800
$2,000
$2,100
$2,200
$2,200

E:\PUBLAW\PUBL260B.116

PUBL260B

134 STAT. 3150

PUBLIC LAW 116–260—DEC. 27, 2020
‘‘Asset Protection Allowances for Families and Students—
Continued
And the student is
married

If the age of the student
is—

43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65

single

then the allowance is—

..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
..................................
or more ....................

$5,900
$6,000
$6,200
$6,300
$6,500
$6,600
$6,800
$7,000
$7,100
$7,300
$7,500
$7,700
$7,900
$8,100
$8,400
$8,600
$8,800
$9,100
$9,300
$9,600
$9,900
$10,200
$10,500

$2,300
$2,300
$2,400
$2,400
$2,500
$2,500
$2,600
$2,700
$2,700
$2,800
$2,900
$2,900
$3,000
$3,100
$3,100
$3,200
$3,300
$3,400
$3,500
$3,600
$3,700
$3,800
$3,900.

‘‘(d) ASSESSMENT SCHEDULE.—The assessment of adjusted available income (as determined under subsection (a)(1) and hereafter
in this subsection referred to as ‘AAI’) is calculated based on the
following table (as revised by the Secretary pursuant to section
478(e)):
‘‘Assessment From Adjusted Available Income
If AAI is—

Then the assessment is—

dkrause on LAP5T8D0R2PROD with PUBLAWS

Less than – $6,820 ....................................
– $6,820 to $17,400 ...................................
$17,401 to $21,800 ...................................
$21,801 to $26,200 ...................................
$26,201 to $30,700 ...................................
$30,701 to $35,100 ...................................
$35,101 or more ........................................

– $1,500
22% of AAI
$3,828 + 25%
$4,928 + 29%
$6,204 + 34%
$7,734 + 40%
$9,494 + 47%

of
of
of
of
of

AAI
AAI
AAI
AAI
AAI

over
over
over
over
over

$17,400
$21,800
$26,200
$30,700
$35,100.

‘‘(e) COMPUTATIONS IN CASE OF SEPARATION, DIVORCE, OR
DEATH.—In the case of a student who is divorced or separated,
or whose spouse has died, the spouse’s income and assets shall
not be considered in determining the family’s available income
or assets.’’.
(g) REGULATIONS; UPDATED TABLES.—Section 478 of the Higher
Education Act of 1965 (20 U.S.C. 1087rr) is amended to read as
follows:

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PUBL260B

PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 3151

‘‘SEC. 478. REGULATIONS; UPDATED TABLES.

‘‘(a) AUTHORITY TO PRESCRIBE REGULATIONS RESTRICTED.—Notwithstanding any other provision of law, the Secretary shall not
have the authority to prescribe regulations to carry out this part
except—
‘‘(1) to prescribe updated tables in accordance with subsections (b) through (g); and
‘‘(2) with respect to the definition of cost of attendance
under section 472, excluding section 472(a)(1).
‘‘(b) INCOME PROTECTION ALLOWANCE ADJUSTMENTS.—For
award year 2023–2024 and each subsequent award year, the Secretary shall publish in the Federal Register revised income protection allowances for the purposes of subsections (c)(3) and (g)(2)(C)
of section 475, subclauses (I) and (II) of section 476(b)(1)(A)(iii),
and section 477(b)(3), by increasing the income protection allowances in each of such provisions, by a percentage equal to the
percentage increase in the Consumer Price Index, as defined in
subsection (f), between April 2020 and the April in the year prior
to the beginning of the award year and rounding the result to
the nearest $10.
‘‘(c) ADJUSTED NET WORTH OF A FARM OR BUSINESS.—
‘‘(1) TABLE.—The table of the net worth of a farm or business for purposes of making determinations of assets as defined
under section 480(f) is the following:

Time periods.
Federal Register,
publication.

‘‘Farm/Business Net Worth Adjustment
If the net worth of a farm or business
is—

Then the adjusted net worth is—

Less than $1 ..............................................
$1 to $140,000 ..........................................
$140,001 to $415,000 ...............................

$0
40% of net worth of farm/business
$56,000 + 50% of net worth over
$140,000
$193,500 + 60% of net worth over
$415,000
$361,500 + 100% of net worth over
$695,000.

$415,001 to $695,000 ...............................

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$695,001 or more ......................................

‘‘(2) REVISED TABLES.—For award year 2023–2024 and each
subsequent award year, the Secretary shall publish in the
Federal Register a revised table of the adjusted net worth
of a farm or business for purposes of section 480(f). Such
revised table shall be developed—
‘‘(A) by increasing each dollar amount that refers to
net worth of a farm or business by a percentage equal
to the percentage increase in the Consumer Price Index
between April 2020 and the April in the year prior to
the beginning of such award year, and rounding the result
to the nearest $5,000; and
‘‘(B) by adjusting the dollar amounts in the column
referring to the adjusted net worth to reflect the changes
made pursuant to subparagraph (A).
‘‘(d) ASSET PROTECTION ALLOWANCE.—For award year 2023–
2024 and each subsequent award year, the Secretary shall publish
in the Federal Register a revised table of allowances for the purpose
of sections 475(d)(2), 476(c)(2), and 477(c)(2). Such revised table
shall be developed by determining the present value cost, rounded
to the nearest $100, of an annuity that would provide, for each

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Federal Register,
publication.

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134 STAT. 3152

Federal Register,
publication.

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PUBLIC LAW 116–260—DEC. 27, 2020

age cohort of 40 and above, a supplemental income at age 65
(adjusted for inflation) equal to the difference between the moderate
family income (as most recently determined by the Bureau of Labor
Statistics), and the current average social security retirement benefits. For each age cohort below 40, the allowance shall be computed
by decreasing the allowance for age 40, as updated, by one-fifteenth
for each year of age below age 40 and rounding the result to
the nearest $100. In making such determinations—
‘‘(1) the tables of allowances specified in sections 475(d)(2),
476(c)(2), and 477(c)(2) shall be considered to be for award
year 2021–2022 for the purposes of calculating inflation;
‘‘(2) inflation shall be presumed to be 6 percent per year;
‘‘(3) the rate of return of an annuity shall be presumed
to be 8 percent; and
‘‘(4) the sales commission on an annuity shall be presumed
to be 6 percent.
‘‘(e) ASSESSMENT SCHEDULES AND RATES.—For award year
2023–2024 and each subsequent award year, the Secretary shall
publish in the Federal Register a revised table of assessments
from adjusted available income for the purpose of sections 475(e)
and 477(d). Such revised table shall be developed—
‘‘(1) by increasing each dollar amount that refers to
adjusted available income by a percentage equal to the percentage increase in the Consumer Price Index between April 2020
and the April in the year prior to the beginning of such academic year, rounded to the nearest $100; and
‘‘(2) by adjusting the other dollar amounts to reflect the
changes made pursuant to paragraph (1).
‘‘(f) CONSUMER PRICE INDEX DEFINED.—In this section, the term
‘Consumer Price Index’ means the Consumer Price Index for All
Urban Consumers published by the Department of Labor. Each
annual update of tables to reflect changes in the Consumer Price
Index shall be corrected for misestimation of actual changes in
such Index in previous years.
‘‘(g) EMPLOYMENT EXPENSE ALLOWANCE.—For award year
2023–2024 and each succeeding award year, the Secretary shall
publish in the Federal Register a revised table of employment
expense allowances for the purpose of sections 475(c)(4), 476(b)(3),
and 477(b)(4). Such revised table shall be developed by increasing
the dollar amount specified in sections 475(c)(4), 476(b)(3), and
477(b)(4) by a percentage equal to the percentage increase in the
Consumer Price Index, as defined in subsection (f), between April
2020 and the April in the year prior to the beginning of the
award year and rounding the result to the nearest $10.
‘‘(h) CLARIFICATION FOR AWARD YEAR 2023–2024.—For award
year 2023–2024, the Secretary shall determine adjusted amounts
and prescribe revised tables with respect to the income protection,
employment expense, and asset protection allowances and the
assessment schedules under sections 475, 476, and 477, pursuant
to this section. The amounts and tables specified in sections 475,
476, and 477 with respect to such allowances and schedules shall
only be used by the Secretary as a baseline for adjustments and
table revisions prescribed in accordance with this section.’’.
(h) APPLICANTS EXEMPT FROM ASSET REPORTING.—Section 479
of the Higher Education Act of 1965 (20 U.S.C. 1087ss) is amended
to read as follows:

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134 STAT. 3153

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‘‘SEC. 479. ELIGIBLE APPLICANTS EXEMPT FROM ASSET REPORTING.

‘‘(a) IN GENERAL.—Notwithstanding any other provision of law,
this section shall be effective for each individual seeking to apply
for Federal financial aid under this title, as part of the simplified
application for Federal student financial aid under section 483,
on or after July 1, 2023.
‘‘(b) APPLICANTS EXEMPT FROM ASSET REPORTING.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (3),
in carrying out section 483, the Secretary shall not use asset
information from an eligible applicant or, as applicable, the
parent or spouse of an eligible applicant.
‘‘(2) ELIGIBLE APPLICANTS.—In this subsection, the term
‘eligible applicant’ means an applicant who meets at least one
of the following criteria:
‘‘(A) Is an applicant who qualifies for an automatic
zero student aid index or negative student aid index under
subsection (b) or (c) of section 473.
‘‘(B) Is an applicant who is a dependent student and
the student’s parents have a total adjusted gross income
(excluding any income of the dependent student) that is
less than $60,000 and do not file a Schedule A, B, D,
E, F, or H (or equivalent successor schedules) with the
Federal income tax return for the second preceding tax
year, and—
‘‘(i) do not file a Schedule C (or the equivalent
successor schedule) with the Federal income tax return
for the second preceding tax year; or
‘‘(ii) file a Schedule C (or the equivalent successor
schedule) with net business income of not more than
a $10,000 loss or gain with the Federal income tax
return for the second preceding tax year.
‘‘(C) Is an applicant who is an independent student
and the student (including the student’s spouse, if any)
has a total adjusted gross income that is less than $60,000
and does not file a Schedule A, B, D, E, F, or H (or
equivalent successor schedules), with the Federal income
tax return for the second preceding tax year, and—
‘‘(i) does not file a Schedule C (or the equivalent
successor schedule) with the Federal income tax return
for the second preceding tax year; or
‘‘(ii) files a Schedule C (or the equivalent successor
schedule) with net business income of not more than
a $10,000 loss or gain with the Federal income tax
return for the second preceding tax year.
‘‘(D) Is an applicant who, at any time during the previous 24-month period, received a benefit under a meanstested Federal benefit program (or whose parent or spouse
received such a benefit, as applicable).
‘‘(3) SPECIAL RULE.—An eligible applicant shall not be
exempt from asset reporting under this section if the applicant
is a dependent student and the students’ parents do not—
‘‘(A) reside in the United States or a United States
territory; or
‘‘(B) file taxes in the United States or a United States
territory, except if such nonfiling is due to not being
required to file a Federal tax return for the applicable
tax year due to a low income.

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PUBLIC LAW 116–260—DEC. 27, 2020
‘‘(4) DEFINITIONS.—In this section:
‘‘(A) SCHEDULE A.—The term ‘Schedule A’ means a
form or information by a taxpayer to report itemized deductions.
‘‘(B) SCHEDULE B.—The term ‘Schedule B’ means a
form or information filed by a taxpayer to report interest
and ordinary dividend income.
‘‘(C) SCHEDULE C.—The term ‘Schedule C’ means a
form or information filed by a taxpayer to report income
or loss from a business operated or a profession practiced
as a sole proprietor.
‘‘(D) SCHEDULE D .—The term ‘Schedule D’ means a
form or information filed by a taxpayer to report sales,
exchanges or some involuntary conversions of capital
assets, certain capital gain distributions, and nonbusiness
bad debts.
‘‘(E) SCHEDULE E .—The term ‘Schedule E’ means a
form or information filed by a taxpayer to report income
from rental properties, royalties, partnerships, S corporations, estates, trusts, and residual interests in real estate
mortgage investment conduits.
‘‘(F) SCHEDULE F.—The term ‘Schedule F’ means a
form or information filed by a taxpayer to report farm
income and expenses.
‘‘(G) SCHEDULE H.—The term ‘Schedule H’ means a
form or information filed by a taxpayer to report household
employment taxes.
‘‘(H) MEANS-TESTED FEDERAL BENEFIT PROGRAM.—The
term ‘means-tested Federal benefit program’ means any
of the following:
‘‘(i) The supplemental security income program
under title XVI of the Social Security Act (42 U.S.C.
1381 et seq.).
‘‘(ii) The supplemental nutrition assistance program under the Food and Nutrition Act of 2008 (7
U.S.C. 2011 et seq.), a nutrition assistance program
carried out under section 19 of such Act (7 U.S.C.
2028), and a supplemental nutrition assistance program carried out under section 3(c) of the Act entitled
‘An Act to authorize appropriations for certain insular
areas of the United States, and for other purposes’
(Public Law 95–348).
‘‘(iii) The program of block grants for States for
temporary assistance for needy families established
under part A of title IV of the Social Security Act
(42 U.S.C. 601 et seq.).
‘‘(iv) The special supplemental nutrition program
for women, infants, and children established by section
17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786).
‘‘(v) The Medicaid program under title XIX of the
Social Security Act (42 U.S.C. 1396 et seq.).
‘‘(vi) Federal housing assistance programs,
including tenant-based assistance under section 8(o)
of the United States Housing Act of 1937 (42 U.S.C.
1437f(o)), and public housing, as defined in section
3(b)(1) of such Act (42 U.S.C. 1437a(b)(1)).

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 3155

‘‘(vii) Other means-tested programs determined by
the Secretary to be approximately consistent with the
income eligibility requirements of the means-tested
programs under clauses (i) through (vi).’’.
(i) DISCRETION OF STUDENT FINANCIAL AID ADMINISTRATORS.—
Section 479A of the Higher Education Act of 1965 (20 U.S.C. 1087tt)
is amended to read as follows:

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‘‘SEC. 479A. DISCRETION OF STUDENT FINANCIAL AID ADMINISTRATORS.

‘‘(a) IN GENERAL.—
‘‘(1) AUTHORITY OF FINANCIAL AID ADMINISTRATORS.—A
financial aid administrator shall have the authority to, on
the basis of adequate documentation, make adjustments to
any or all of the following on a case-by-case basis:
‘‘(A) For an applicant with special circumstances under
subsection (b) to—
‘‘(i) the cost of attendance;
‘‘(ii) the values of the data used to calculate the
student aid index; or
‘‘(iii) the values of the data used to calculate the
Federal Pell Grant award.
‘‘(B) For an applicant with unusual circumstances
under subsection (c), to the dependency status of such
applicant.
‘‘(2) LIMITATIONS ON AUTHORITY.—
‘‘(A) USE OF AUTHORITY.—No institution of higher education or financial aid administrator shall maintain a policy
of denying all requests for adjustments under this section.
‘‘(B) NO ADDITIONAL FEE.—No student or parent shall
be charged a fee for a documented interview of the student
by the financial aid administrator or for the review of
a student or parent’s request for adjustments under this
section including the review of any supplementary information or documentation of a student or parent’s special circumstances or a student’s unusual circumstances.
‘‘(C) RULE OF CONSTRUCTION.—The authority to make
adjustments under paragraph (1)(A) shall not be construed
to permit financial aid administrators to deviate from the
cost of attendance, the values of data used to calculate
the student aid index or the values of data used to calculate
the Federal Pell Grant award (or both) for awarding aid
under this title in the absence of special circumstances.
‘‘(3) ADEQUATE DOCUMENTATION.—Adequate documentation
for adjustments under this section must substantiate the special
circumstances or unusual circumstances of an individual student, and may include, to the extent relevant and appropriate—
‘‘(A) a documented interview between the student and
the financial aid administrator;
‘‘(B) for the purposes of determining that a student
qualifies for an adjustment under paragraph (1)(B)—
‘‘(i) submission of a court order or official Federal
or State documentation that the student or the student’s parents or legal guardians are incarcerated in
any Federal or State penal institution;

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PUBLIC LAW 116–260—DEC. 27, 2020

‘‘(ii) a documented phone call or a written statement, which confirms the specific unusual circumstances with—
‘‘(I) a child welfare agency authorized by a
State or county;
‘‘(II) a Tribal welfare authority or agency;
‘‘(III) an independent living case worker, such
as a case worker who supports current and former
foster youth with the transition to adulthood; or
‘‘(IV) a public or private agency, facility, or
program servicing the victims of abuse, neglect,
assault, or violence, which may include domestic
violence;
‘‘(iii) a documented phone call or a written statement from an attorney, a guardian ad litem, or a
court-appointed special advocate, or a person serving
in a similar capacity which confirms the specific
unusual circumstances and documents the person’s
relationship to the student;
‘‘(iv) a documented phone call or written statement
from a representative under chapter 1 or 2 of subpart
2 of part A, which confirms the specific unusual circumstances and documents the representative’s relationship to the student;
‘‘(v) documents, such as utility bills or health insurance documentation, that demonstrate a separation
from parents or legal guardians; and
‘‘(vi) in the absence of documentation described
in this subparagraph, other documentation the financial aid administrator determines is adequate to confirm the unusual circumstances, pursuant to section
480(d)(9); and
‘‘(C) supplementary information, as necessary, about
the financial status or personal circumstances of eligible
applicants as it relates to the special circumstances or
unusual circumstances based on which the applicant is
requesting an adjustment.
‘‘(4) SPECIAL RULE.—In making adjustments under paragraph (1), a financial aid administrator may offer a dependent
student financial assistance under a Federal Direct Unsubsidized Stafford Loan without requiring the parents of such
student to provide their parent information on the Free Application for Federal Student Aid if the student does not qualify
for, or does not choose to use, the unusual circumstance option
described in section 480(d)(9), and the financial aid administrator determines that the parents of such student ended financial support of such student or refuse to file such form.
‘‘(5) PUBLIC DISCLOSURE.—Each institution of higher education shall make publicly available information that students
applying for aid under this title have the opportunity to pursue
adjustments under this section.
‘‘(b) ADJUSTMENTS FOR STUDENTS WITH SPECIAL CIRCUMSTANCES.—
‘‘(1) SPECIAL CIRCUMSTANCES FOR ADJUSTMENTS RELATED
TO PELL GRANTS.—Special circumstances for adjustments to
calculate a Federal Pell Grant award—

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134 STAT. 3157

‘‘(A) shall be conditions that differentiate an individual
student from a group of students rather than conditions
that exist across a group of students; and
‘‘(B) may include—
‘‘(i) recent unemployment of a family member or
student;
‘‘(ii) a student or family member who is a dislocated
worker (as defined in section 3 of the Workforce
Innovation and Opportunity Act);
‘‘(iii) a change in housing status that results in
an individual being a homeless youth;
‘‘(iv) an unusual amount of claimed losses against
income on the Federal tax return that substantially
lower adjusted gross income, such as business, investment, or real estate losses;
‘‘(v) receipt of foreign income of permanent residents or United States citizens exempt from Federal
taxation, or the foreign income for which a permanent
resident or citizen received a foreign tax credit;
‘‘(vi) in the case of an applicant who does not
qualify for the exemption from asset reporting under
section 479, assets as defined in section 480(f); or
‘‘(vii) other changes or adjustments in the income,
assets, or size of a family, or a student’s dependency
status.
‘‘(2) SPECIAL CIRCUMSTANCES FOR ADJUSTMENTS RELATED
TO COST OF ATTENDANCE AND STUDENT AID INDEX.—Special
circumstances for adjustments to the cost of attendance or
the values of the data used to calculate the student aid index—
‘‘(A) shall be conditions that differentiate an individual
student from a group of students rather than conditions
that exist across a group of students, except as provided
in sections 479B and 479C; and
‘‘(B) may include—
‘‘(i) tuition expenses at an elementary school or
secondary school;
‘‘(ii) medical, dental, or nursing home expenses
not covered by insurance;
‘‘(iii) child care or dependent care costs not covered
by the dependent care cost allowance calculated in
accordance with section 472;
‘‘(iv) recent unemployment of a family member
or student;
‘‘(v) a student or family member who is a dislocated
worker (as defined in section 3 of the Workforce
Innovation and Opportunity Act);
‘‘(vi) the existence of additional family members
enrolled in a degree, certificate, or other program
leading to a recognized educational credential at an
institution with a program participation agreement
under section 487;
‘‘(vii) a change in housing status that results in
an individual being a homeless youth;
‘‘(viii) a condition of severe disability of the student, or in the case of a dependent student, the
dependent student’s parent or guardian, or in the case

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134 STAT. 3158

of an independent student, the independent student’s
dependent or spouse;
‘‘(ix) unusual amount of claimed losses against
income on the Federal tax return that substantially
lower adjusted gross income, such as business, investment, or real estate losses; or
‘‘(x) other changes or adjustments in the income,
assets, or size of a family, or a student’s dependency
status.
‘‘(c) UNUSUAL CIRCUMSTANCES ADJUSTMENTS.—
‘‘(1) IN GENERAL.—Unusual circumstances for adjustments
to the dependency status of an applicant shall be—
‘‘(A) conditions that differentiate an individual student
from a group of students; and
‘‘(B) based on unusual circumstances, pursuant to section 480(d)(9).
‘‘(2) PROVISIONAL INDEPENDENT STUDENTS.—
‘‘(A) REQUIREMENTS FOR THE SECRETARY.—The Secretary shall—
‘‘(i) enable each student who, based on an unusual
circumstance described in section 480(d)(9), may
qualify for an adjustment under subsection (a)(1)(B)
that will result in a determination of independence
under this section or section 479D to complete the
Free Application for Federal Student Aid as an independent student for the purpose of a provisional determination of the student’s Federal financial aid award,
with the final determination of the award subject to
the documentation requirements of subsection (a)(3);
‘‘(ii) upon completion of the Free Application for
Federal Student Aid provide an estimate of the student’s Federal Pell Grant award, and other information
as specified in section 483(a)(3)(A), based on the
assumption that the student is determined to be an
independent student; and
‘‘(iii) specify, on the Free Application for Federal
Student Aid, the consequences under section 490(a)
of knowingly and willfully completing the Free Application for Federal Student Aid as an independent student
under clause (i) without meeting the unusual circumstances to qualify for such a determination.
‘‘(B) REQUIREMENTS FOR FINANCIAL AID ADMINISTRATORS.—With respect to a student accepted for admission
who completes the Free Application for Federal Student
Aid as an independent student under subparagraph (A),
a financial aid administrator shall—
‘‘(i) notify the student of the institutional process,
requirements, and timeline for an adjustment under
this section and section 480(d)(9) that will result in
a review of the student’s request for an adjustment
and a determination of the student’s dependency status
under such sections within a reasonable time after
the student completes the Free Application for Federal
Student Aid;
‘‘(ii) provide the student a final determination of
the student’s dependency status and Federal financial

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aid award as soon as practicable after all requested
documentation is provided;
‘‘(iii) retain all documents related to the adjustment under this section and section 480(d)(9), including
documented interviews, for at least the duration of
the student’s enrollment, and shall abide by all other
record keeping requirements of this Act; and
‘‘(iv) presume that any student who has obtained
an adjustment under this section and section 480(d)(9)
and a final determination of independence for any preceding award year at an institution of higher education
to be independent for each subsequent award year
at the same institution unless—
‘‘(I) the student informs the institution that
circumstances have changed; or
‘‘(II) the institution has specific conflicting
information about the student’s independence.
‘‘(C) ELIGIBILITY.—If a student pursues provisional
independent student status and is not determined to be
an independent student by a financial aid administrator,
such student shall only be eligible for a Federal Direct
Unsubsidized Stafford Loan for that award year unless
such student subsequently completes the Free Application
for Federal Student Aid as a dependent student.
‘‘(d) ADJUSTMENTS TO ASSETS OR INCOME TAKEN INTO
ACCOUNT.—A financial aid administrator shall be considered to
be making a necessary adjustment in accordance with this section
if—
‘‘(1) the administrator makes adjustments excluding from
family income or assets any proceeds or losses from a sale
of farm or business assets of a family if such sale results
from a voluntary or involuntary foreclosure, forfeiture, or bankruptcy or a voluntary or involuntary liquidation; or
‘‘(2) the administrator makes adjustments for a condition
of disability of a student, or in the case of a dependent student,
the dependent student’s parent or guardian, or in the case
of an independent student, the independent student’s dependent
or spouse, so as to take into consideration the additional costs
incurred as a result of such disability.
‘‘(e) REFUSAL OR ADJUSTMENT OF LOAN CERTIFICATIONS.—On
a case-by-case basis, an eligible institution may refuse to use the
authority provided under this section, certify a statement that
permits a student to receive a loan under part D, certify a loan
amount, or make a loan that is less than the student’s determination
of need (as determined under this part), if the reason for the
action is documented and provided in writing to the student. No
eligible institution shall discriminate against any borrower or
applicant in obtaining a loan on the basis of race, ethnicity, national
origin, religion, sex, marital status, age, or disability status.
‘‘(f) SPECIAL RULE REGARDING PROFESSIONAL JUDGMENT
DURING A DISASTER, EMERGENCY, OR ECONOMIC DOWNTURN.—
‘‘(1) IN GENERAL.—For the purposes of making a professional judgment under this section, financial aid administrators
may, during a qualifying emergency—
‘‘(A) determine that the income earned from work for
an applicant is zero, if the applicant can provide paper
or electronic documentation of receipt of unemployment

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benefits or confirmation that an application for unemployment benefits was submitted; and
‘‘(B) make additional appropriate adjustments to the
income earned from work for a student, parent, or spouse,
as applicable, based on the totality of the family’s situation,
including consideration of unemployment benefits.
‘‘(2) DOCUMENTATION.—For the purposes of documenting
unemployment under paragraph (1), documentation shall be
accepted if such documentation is submitted not more than
90 days from the date on which such documentation was issued,
except if a financial aid administrator knows that the student,
parent, or spouse, as applicable, has already obtained other
employment.
‘‘(3) PROGRAM REVIEWS.—The Secretary shall make adjustments to the model used to select institutions of higher education participating under this title for program reviews in
order to account for any rise in the use of professional judgment
under this section during the award years applicable to the
qualifying emergency, as determined by the Secretary.
‘‘(4) QUALIFYING EMERGENCY.—In this subsection, the term
‘qualifying emergency’ means—
‘‘(A) an event for which the President declared a major
disaster or an emergency under section 401 or 501, respectively, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 and 5191);
‘‘(B) a national emergency related to the coronavirus
declared by the President under section 201 of the National
Emergencies Act (50 U.S.C. 1601 et seq.); or
‘‘(C) a period of recession or economic downturn as
determined by the Secretary, in consultation with the Secretary of Labor.’’.
(j) DISREGARD OF STUDENT AID IN OTHER PROGRAMS.—Section
479B of the Higher Education Act of 1965 (20 U.S.C. 1087uu)
is amended to read as follows:
‘‘SEC. 479B. DISREGARD OF STUDENT AID IN OTHER PROGRAMS.

‘‘Notwithstanding any other provision of law, student financial
assistance received under this title, Bureau of Indian Education
student assistance programs, and employment and training programs under section 134 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3174 et. seq.) shall not be taken into account
in determining the need or eligibility of any person for benefits
or assistance, or the amount of such benefits or assistance, under
any Federal, State, or local program financed in whole or in part
with Federal funds.’’.
(k) NATIVE AMERICAN STUDENTS.—Section 479C of the Higher
Education Act of 1965 (20 U.S.C. 1087uu–1) is amended to read
as follows:

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‘‘SEC. 479C. NATIVE AMERICAN STUDENTS.

‘‘(a) IN GENERAL.—In determining the student aid index for
Native American students, computations performed pursuant to
this part shall exclude—
‘‘(1) any income and assets of $2,000 or less per individual
payment received by the student (and spouse) and student’s
parents under Public Law 98–64 (25 U.S.C. 117a et seq.; 97
Stat. 365) (commonly known as the ‘Per Capita Act’) or the

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134 STAT. 3161

Indian Tribal Judgment Funds Use or Distribution Act (25
U.S.C. 1401 et seq.); and
‘‘(2) any income received by the student (and spouse) and
student’s parents under the Alaska Native Claims Settlement
Act (43 U.S.C. 1601 et seq.) or the Maine Indian Claims Settlement Act of 1980 (25 U.S.C. 1721 et seq.).
‘‘(b) GUIDANCE.—The Secretary shall develop guidance, in consultation with Tribal Colleges and Universities (as defined in section
316) and the State higher education agency in Alaska and Maine,
to implement the determination under subsection (a) without adding
additional questions to the FAFSA, including through the use of
the authority under section 479A.’’.
(l) SPECIAL RULES FOR INDEPENDENT STUDENTS.—Part F of
title IV of the Higher Education Act of 1965 (20 U.S.C. 1087kk
et seq.) is further amended—
(1) by inserting after section 479C the following:

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‘‘SEC. 479D. SPECIAL RULES FOR INDEPENDENT STUDENTS.

‘‘(a) DETERMINATION PROCESS FOR UNACCOMPANIED HOMELESS
YOUTH.—In making a determination of independence under section
480(d)(8), a financial aid administrator shall comply with the following:
‘‘(1) Consider documentation of the student’s circumstance
to be adequate in the absence of documented conflicting
information, if such documentation is provided through a documented phone call, written statement, or verifiable electronic
data match by—
‘‘(A) a local educational agency homeless liaison, designated pursuant to section 722(g)(1)(J)(ii) of the McKinneyVento
Homeless
Assistance
Act
(42
U.S.C.
11432(g)(1)(J)(ii)) or a designee of the liaison;
‘‘(B) the director of an emergency or transitional
shelter, street outreach program, homeless youth drop-in
center, or other program serving individuals who are
experiencing homelessness, or a designee of the director;
‘‘(C) the director of a project supported by a Federal
TRIO program or a Gaining Early Awareness and Readiness for Undergraduate program grant under chapter 1
or 2 of subpart 2 of part A, or a designee of the director;
or
‘‘(D) a financial aid administrator at another institution
who documented the student’s circumstance in a prior
award year.
‘‘(2) If a student is unable to provide documentation from
any individual described in paragraph (1), make a case-bycase determination, which shall be—
‘‘(A) based on a written statement from, or a documented interview with, the student that confirms that the
student is an unaccompanied homeless youth, or unaccompanied, at risk of homelessness, and self-supporting; and
‘‘(B) made without regard to the reasons that the student is an unaccompanied homeless youth, or unaccompanied, at risk of homelessness, and self-supporting.
‘‘(3) Consider a determination made under this subsection
as distinct from a determination of independence under section
480(d)(9).

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‘‘(b) DOCUMENTATION PROCESS FOR FOSTER CARE YOUTH.—If
an institution requires that a student provide documentation that
the student was in foster care when the student was age 13 or
older, a financial aid administrator shall consider any of the following as adequate documentation, in the absence of documented
conflicting information:
‘‘(1) Submission of a court order or official State documentation that the student received Federal or State support in
foster care.
‘‘(2) A documented phone call, written statement, or
verifiable electronic data match, which confirms the student
was in foster care at an applicable age, from—
‘‘(A) a State, county, or tribal agency administering
a program under part B or E of title IV of the Social
Security Act (42 U.S.C. 621 et seq. and 670 et seq.);
‘‘(B) a State Medicaid agency; or
‘‘(C) a public or private foster care placing agency
or foster care facility or placement.
‘‘(3) A documented phone call or a written statement from
an attorney, a guardian ad litem, or a Court Appointed Special
Advocate that confirms that the student was in foster care
at an applicable age and documents the person’s relationship
to the student.
‘‘(4) Verification of the student’s eligibility for an education
and training voucher under the John H. Chafee Foster Care
Program under section 477 of the Social Security Act (42 U.S.C.
677).
‘‘(5) A documented phone call or written statement from
a financial aid administrator who documented the student’s
circumstance in a prior award year.
‘‘(c) TIMING.—A determination of independence under paragraph (2), (8), or (9) of section 480(d) for a student—
‘‘(1) shall be made as quickly as practicable;
‘‘(2) may be made as early as the year before the award
year for which the student initially submits an application;
and
‘‘(3) shall be made not later than 60 days after the date
of the student’s enrollment during the award year for which
the student initially submits an application.
‘‘(d) USE OF EARLIER DETERMINATIONS.—
‘‘(1) EARLIER DETERMINATION BY THE INSTITUTION.—Any
student who is determined to be independent under paragraph
(2), (8), or (9) of section 480(d) for a preceding award year
at an institution shall be presumed to be independent for
each subsequent award year at the same institution unless—
‘‘(A) the student informs the institution that circumstances have changed; or
‘‘(B) the institution has specific conflicting information
about the student’s independence and has informed the
student of this information.
‘‘(2) EARLIER DETERMINATION BY ANOTHER INSTITUTION.—
A financial aid administrator may make a determination of
independence pursuant to section 479A(c), based upon a documented determination of independence that was previously
made by another financial aid administrator under such paragraph in the same award year.

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134 STAT. 3163

‘‘(e) RETENTION OF DOCUMENTS.—A financial aid administrator
shall retain all documents related to any determination of independence, including documented interviews, for at least the duration
of the student’s enrollment and an additional period prescribed
by the Secretary to enable a student to utilize the documents
for the purposes of subsection (a)(1)(D), (b)(5), or (d) of this section.’’;
and
(2) by amending section 480 to read as follows:

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‘‘SEC. 480. DEFINITIONS.

‘‘In this part:
‘‘(a) TOTAL INCOME.—The term ‘total income’ means the amount
equal to adjusted gross income for the second preceding tax year
plus untaxed income and benefits for the second preceding tax
year minus excludable income for the second preceding tax year.
The factors used to determine total income shall be derived from
the Federal income tax return, if available, except for the applicant’s
ability to indicate a qualified rollover in the second preceding tax
year as outlined in section 483 or foreign income described in
subsection (b)(5).
‘‘(b) UNTAXED INCOME AND BENEFITS.—The term ‘untaxed
income and benefits’ means—
‘‘(1) deductions and payments to self-employed SEP,
SIMPLE, Keogh, and other qualified individual retirement
accounts excluded from income for Federal tax purposes, except
such term shall not include payments made to tax-deferred
pension and retirement plans, paid directly or withheld from
earnings, that are not delineated on the Federal tax return;
‘‘(2) tax-exempt interest income;
‘‘(3) untaxed portion of individual retirement account distributions;
‘‘(4) untaxed portion of pensions; and
‘‘(5) foreign income of permanent residents of the United
States or United States citizens exempt from Federal taxation,
or the foreign income for which such a permanent resident
or citizen receives a foreign tax credit.
‘‘(c) VETERANS AND VETERANS’ EDUCATION BENEFITS.—(1) The
term ‘veteran’ has the meaning given the term in section 101(2)
of title 38, United States Code, and includes individuals who served
in the United States Armed Forces as described in sections 101(21),
101(22), and 101(23) of title 38, United States Code.
‘‘(2) The term ‘veterans’ education benefits’ means veterans’
benefits under the following provisions of law:
‘‘(A) Chapter 103 of title 10, United States Code (Senior
Reserve Officers’ Training Corps).
‘‘(B) Chapter 106A of title 10, United States Code (Educational Assistance for Persons Enlisting for Active Duty).
‘‘(C) Chapter 1606 of title 10, United States Code (Selected
Reserve Educational Assistance Program).
‘‘(D) Chapter 1607 of title 10, United States Code (Educational Assistance Program for Reserve Component Members
Supporting Contingency Operations and Certain Other Operations).
‘‘(E) Chapter 30 of title 38, United States Code (All-Volunteer Force Educational Assistance Program, also known as the
‘Montgomery GI Bill—active duty’).

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‘‘(F) Chapter 31 of title 38, United States Code (Training
and Rehabilitation for Veterans with Service-Connected Disabilities).
‘‘(G) Chapter 32 of title 38, United States Code (PostVietnam Era Veterans’ Educational Assistance Program).
‘‘(H) Chapter 33 of title 38, United States Code (Post9/11 Educational Assistance).
‘‘(I) Chapter 35 of title 38, United States Code (Survivors’
and Dependents’ Educational Assistance Program).
‘‘(J) Section 903 of the Department of Defense Authorization
Act, 1981 (10 U.S.C. 2141 note) (Educational Assistance Pilot
Program).
‘‘(K) Section 156(b) of the ‘Joint Resolution making further
continuing appropriations and providing for productive employment for the fiscal year 1983, and for other purposes’ (42
U.S.C. 402 note) (Restored Entitlement Program for Survivors,
also known as ‘Quayle benefits’).
‘‘(L) The provisions of chapter 3 of title 37, United States
Code, related to subsistence allowances for members of the
Reserve Officers Training Corps.
‘‘(d) INDEPENDENT STUDENTS AND DETERMINATIONS.—The term
‘independent’, when used with respect to a student, means any
individual who—
‘‘(1) is 24 years of age or older by December 31 of the
award year;
‘‘(2) is, or was at any time when the individual was 13
years of age or older—
‘‘(A) an orphan;
‘‘(B) a ward of the court; or
‘‘(C) in foster care;
‘‘(3) is, or was immediately prior to attaining the age of
majority, an emancipated minor or in legal guardianship as
determined by a court of competent jurisdiction in the individual’s State of legal residence;
‘‘(4) is a veteran of the Armed Forces of the United States
(as defined in subsection (c)) or is currently serving on active
duty in the Armed Forces for other than training purposes;
‘‘(5) is a graduate or professional student;
‘‘(6) is married and not separated;
‘‘(7) has legal dependents other than a spouse;
‘‘(8) is an unaccompanied homeless youth or is unaccompanied, at risk of homelessness, and self-supporting, without
regard to such individual’s age; and
‘‘(9) is a student for whom a financial aid administrator
makes a documented determination of independence by reason
of other unusual circumstances pursuant to section 479A(c)
in which the student is unable to contact a parent or where
contact with parents poses a risk to such student, which
includes circumstances of—
‘‘(A) human trafficking, as described in the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7101 et seq.);
‘‘(B) legally granted refugee or asylum status;
‘‘(C) parental abandonment or estrangement; or
‘‘(D) student or parental incarceration.
‘‘(e) EXCLUDABLE INCOME.—The term ‘excludable income’
means—

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‘‘(1) an amount equal to the education credits described
in paragraphs (1) and (2) of section 25A(a) of the Internal
Revenue Code of 1986;
‘‘(2) if an applicant elects to report it, college grant and
scholarship aid included in gross income on a Federal tax
return, including amounts attributable to grant and scholarship
portions of fellowships and assistantships and any national
service educational award or post-service benefit received by
an individual under title I of the National and Community
Service Act of 1990 (42 U.S.C. 12511 et seq.), including awards,
living allowances, and interest accrual payments; and
‘‘(3) income earned from work under part C of this title.
‘‘(f) ASSETS.—
‘‘(1) IN GENERAL.—The term ‘assets’ means the amount
in checking and savings accounts, time deposits, money market
funds, investments, trusts, stocks, bonds, derivatives, securities,
mutual funds, tax shelters, qualified education benefits (except
as provided in paragraph (3)), the annual amount of child
support received and the net value of real estate, vacation
homes, income producing property, and business and farm
assets, determined in accordance with section 478(c).
‘‘(2) EXCLUSIONS.—With respect to determinations of need
under this title, the term ‘assets’ shall not include the net
value of the family’s principal place of residence.
‘‘(3) CONSIDERATION OF QUALIFIED EDUCATION BENEFIT.—
A qualified education benefit shall be considered an asset of—
‘‘(A) the student if the student is an independent student; or
‘‘(B) the parent if the student is a dependent student
and the account is designated for the student, regardless
of whether the owner of the account is the student or
the parent.
‘‘(4) DEFINITION OF QUALIFIED EDUCATION BENEFIT.—In this
subsection, the term ‘qualified education benefit’ means—
‘‘(A) a qualified tuition program (as defined in section
529(b)(1)(A) of the Internal Revenue Code of 1986) or other
prepaid tuition plan offered by a State; and
‘‘(B) a Coverdell education savings account (as defined
in section 530(b)(1) of the Internal Revenue Code of 1986).
‘‘(g) NET VALUE.—The term ‘net value’ means the market value
at the time of application of the assets (as defined in subsection
(f)), minus the outstanding liabilities or indebtedness against the
assets.
‘‘(h) TREATMENT OF INCOME TAXES PAID TO OTHER JURISDICTIONS.—
‘‘(1) The tax on income paid to the Governments of the
Commonwealth of Puerto Rico, Guam, American Samoa, the
Virgin Islands, or the Commonwealth of the Northern Mariana
Islands, the Republic of the Marshall Islands, the Federated
States of Micronesia, or Palau under the laws applicable to
those jurisdictions, or the comparable tax paid to the central
government of a foreign country, shall be treated as Federal
income taxes.
‘‘(2) References in this part to the Internal Revenue Code
of 1986, Federal income tax forms, and the Internal Revenue
Service shall, for purposes of the tax described in paragraph
(1), be treated as references to the corresponding laws, tax

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134 STAT. 3166

forms, and tax collection agencies of those jurisdictions, respectively, subject to such adjustments as the Secretary may provide
by regulation.
‘‘(i) OTHER FINANCIAL ASSISTANCE.—
‘‘(1) For purposes of determining a student’s eligibility for
funds under this title, other financial assistance not received
under this title shall include all scholarships, grants, loans,
or other assistance known to the institution at the time the
determination of the student’s need is made, including national
service educational awards or post-service benefits under title
I of the National and Community Service Act of 1990 (42
U.S.C. 12511 et seq.), but excluding veterans’ education benefits.
‘‘(2) Notwithstanding paragraph (1), a tax credit taken
under section 25A of the Internal Revenue Code of 1986, or
a distribution that is not includable in gross income under
section 529 of such Code, under another prepaid tuition plan
offered by a State, or under a Coverdell education savings
account under section 530 of such Code, shall not be treated
as other financial assistance for purposes of section 471(a)(3).
‘‘(3) Notwithstanding paragraph (1) and section 472, assistance not received under this title may be excluded from both
other financial assistance and cost of attendance, if that assistance is provided by a State and is designated by such State
to offset a specific component of the cost of attendance. If
that assistance is excluded from either other financial assistance or cost of attendance, it shall be excluded from both.
‘‘(4) Notwithstanding paragraph (1), payments made and
services provided under part E of title IV of the Social Security
Act to or on behalf of any child or youth over whom the
State agency has responsibility for placement, care, or supervision, including the value of vouchers for education and
training and amounts expended for room and board for youth
who are not in foster care but are receiving services under
section 477 of such Act, shall not be treated as other financial
assistance for purposes of section 471(a)(3).
‘‘(5) Notwithstanding paragraph (1), emergency financial
assistance provided to the student for unexpected expenses
that are a component of the student’s cost of attendance, and
not otherwise considered when the determination of the student’s need is made, shall not be treated as other financial
assistance for purposes of section 471(a)(3).
‘‘(j) DEPENDENTS.—
‘‘(1) Except as otherwise provided, the term ‘dependent
of the parent’ means the student who is deemed to be a
dependent student when applying for aid under this title, and
any other person who lives with and receives more than onehalf of their support from the parent (or parents) and will
continue to receive more than half of their support from the
parent (or parents) during the award year.
‘‘(2) Except as otherwise provided, the term ‘dependent
of the student’ means the student’s dependent children and
other persons (except the student’s spouse) who live with and
receive more than one-half of their support from the student
and will continue to receive more than half of their support
from the student during the award year.
‘‘(k) FAMILY SIZE.—

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‘‘(1) DEPENDENT STUDENT.—Except as provided in paragraph (3), in determining family size in the case of a dependent
student—
‘‘(A) if the parents are not divorced or separated, family
members include the student’s parents, and any dependent
(within the meaning of section 152 of the Internal Revenue
Code of 1986 or an eligible individual for purposes of the
credit under section 24 of the Internal Revenue Code of
1986) of the student’s parents for the taxable year used
in determining the amount of need of the student for financial assistance under this title;
‘‘(B) if the parents are divorced or separated, family
members include the parent whose income is included in
computing available income and any dependent (within
the meaning of section 152 of the Internal Revenue Code
of 1986 or an eligible individual for purposes of the credit
under section 24 of the Internal Revenue Code of 1986)
of that parent for the taxable year used in determining
the amount of need of the student for financial assistance
under this title;
‘‘(C) if the parents are divorced and the parents whose
income is so included are remarried, or if the parent was
a widow or widower who has remarried, family members
also include, in addition to those individuals referred to
in subparagraph (B), the new spouse and any dependent
(within the meaning of section 152 of the Internal Revenue
Code of 1986 or an eligible individual for purposes of the
credit under section 24 of the Internal Revenue Code of
1986) of the new spouse for the taxable year used in determining the amount of need of the student for financial
assistance under this title, if that spouse’s income is
included in determining the parent’s adjusted available
income; and
‘‘(D) if the student is not considered as a dependent
(within the meaning of section 152 of the Internal Revenue
Code of 1986 or an eligible individual for purposes of the
credit under section 24 of the Internal Revenue Code of
1986) of any parent, the parents’ family size shall include
the student and the family members applicable to the
parents’ situation under subparagraph (A), (B), or (C).
‘‘(2) INDEPENDENT STUDENT.—Except as provided in paragraph (3), in determining family size in the case of an independent student—
‘‘(A) family members include the student, the student’s
spouse, and any dependent (within the meaning of section
152 of the Internal Revenue Code of 1986 or an eligible
individual for purposes of the credit under section 24 of
the Internal Revenue Code of 1986) of that student for
the taxable year used in determining the amount of need
of the student for financial assistance under this title;
and
‘‘(B) if the student is divorced or separated, family
members do not include the spouse (or ex-spouse), but
do include the student and any dependent (within the
meaning of section 152 of the Internal Revenue Code of
1986 or an eligible individual for purposes of the credit
under section 24 of the Internal Revenue Code of 1986)

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of that student for the taxable year used in determining
the amount of need of the student for financial assistance
under this title.
‘‘(3) PROCEDURES AND MODIFICATION.—The Secretary shall
provide procedures for determining family size in cases in which
information for the taxable year used in determining the
amount of need of the student for financial assistance under
this title has changed or does not accurately reflect the
applicant’s current household size, including when a divorce
settlement only allows a parent to file for the Earned Income
Tax Credit available under section 32 of the Internal Revenue
Code of 1986.
‘‘(l) BUSINESS ASSETS.—The term ‘business assets’ means property that is used in the operation of a trade or business, including
real estate, inventories, buildings, machinery, and other equipment,
patents, franchise rights, and copyrights.
‘‘(m) HOMELESS YOUTH.—The term ‘homeless youth’ has the
meaning given the term ‘homeless children and youths’ in section
725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11434a).
‘‘(n) UNACCOMPANIED.—The terms ‘unaccompanied’, ‘unaccompanied youth’, or ‘unaccompanied homeless youth’ have the meaning
given the term ‘unaccompanied youth’ in section 725 of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a).’’.
(m) FAFSA.—
(1) IN GENERAL.—Section 483 of the Higher Education Act
of 1965 (20 U.S.C. 1090) is amended to read as follows:

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‘‘SEC. 483. FREE APPLICATION FOR FEDERAL STUDENT AID.

‘‘(a) SIMPLIFIED APPLICATION FOR FEDERAL STUDENT FINANCIAL
AID.—
‘‘(1) IN GENERAL.—Each individual seeking to apply for
Federal financial aid under this title for award year 2023–
2024 and any subsequent award year shall file a free application with the Secretary, known as the ‘Free Application for
Federal Student Aid’, to determine eligibility for such aid, as
described in paragraph (2), and in accordance with section
479.
‘‘(2) FREE APPLICATION.—
‘‘(A) IN GENERAL.—The Secretary shall make available,
for the purposes of paragraph (1), a free application to
determine the eligibility of a student for Federal financial
aid under this title.
‘‘(B) INFORMATION REQUIRED BY THE APPLICANT.—
‘‘(i) IN GENERAL.—The applicant, and, if necessary,
the parents or spouse of the applicant, shall provide
the Secretary with the applicable information described
in clause (ii) in order to be eligible for Federal financial
aid under this title.
‘‘(ii) INFORMATION TO BE PROVIDED.—The information described in this clause is the following:
‘‘(I) Name.
‘‘(II) Contact information, including address,
phone number, email address, or other electronic
address.
‘‘(III) Social security number.
‘‘(IV) Date of birth.

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‘‘(V) Marital status.
‘‘(VI) Citizenship status, including alien registration number, if applicable.
‘‘(VII) Sex.
‘‘(VIII) Race or ethnicity, using categories
developed in consultation with the Bureau of the
Census and the Director of the Institute of Education Sciences that, to the greatest extent practicable, separately capture the racial groups specified in the American Community Survey of the
Bureau of the Census.
‘‘(IX) State of legal residence and date of residency.
‘‘(X) The following information on secondary
school completion:
‘‘(aa) Name and location of the high school
from which the applicant received, or will
receive prior to the period of enrollment for
which aid is sought, a regular high school
diploma;
‘‘(bb) name and location of the entity from
which the applicant received, or will receive
prior to the period of enrollment for which
aid is sought, a recognized equivalent of a
regular high school diploma; or
‘‘(cc) if the applicant completed or will
complete prior to the period of enrollment for
which aid is sought, a secondary school education in a home school setting that is treated
as a home school or private school under State
law.
‘‘(XI) Name of each institution where the
applicant intends to apply for enrollment or continue enrollment.
‘‘(XII) Year in school for period of enrollment
for which aid is sought, including whether
applicant will have finished first bachelor’s degree
prior to the period of enrollment for which aid
is sought.
‘‘(XIII) Whether one or both of the applicant’s
parents attended college.
‘‘(XIV) Any required asset information, unless
exempt under section 479, in which the applicant
shall indicate—
‘‘(aa) the annual amount of child support
received, if applicable; and
‘‘(bb) all required asset information not
described in item (aa).
‘‘(XV) The number of members of the
applicant’s family who will also be enrolled in an
eligible institution of higher education on at least
a half-time basis during the same enrollment
period as the applicant.
‘‘(XVI) If the applicant meets any of the following designations:

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‘‘(aa) Is an unaccompanied homeless
youth, or is unaccompanied, at risk of
homelessness, and self-supporting.
‘‘(bb) Is an emancipated minor.
‘‘(cc) Is in legal guardianship.
‘‘(dd) Has been a dependent ward of the
court at any time since the applicant turned
13.
‘‘(ee) Has been in foster care at any time
since the applicant turned 13.
‘‘(ff) Both parents have died since the
applicant turned 13.
‘‘(gg) Is a veteran of the Armed Forces
of the United States or is serving (on the
date of the application) on active duty in the
Armed Forces for other than training purposes.
‘‘(hh) Is under the age of 24 and has a
dependent child or relative.
‘‘(ii) Does not have access to parental
information due to an unusual circumstance
described in section 480(d)(9).
‘‘(XVII) If the applicant receives or has
received any of the following means-tested Federal
benefits within the last two years:
‘‘(aa) The supplemental security income
program under title XVI of the Social Security
Act (42 U.S.C. 1381 et seq.).
‘‘(bb) The supplemental nutrition assistance program under the Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et seq.), a nutrition
assistance program carried out under section
19 of such Act (7 U.S.C. 2028), or a supplemental nutrition assistance program carried
out under section 3(c) of the Act entitled ‘An
Act to authorize appropriations for certain
insular areas of the United States, and for
other purposes’ (Public Law 95–348).
‘‘(cc) The free and reduced price school
lunch program established under the Richard
B. Russell National School Lunch Act (42
U.S.C. 1751 et seq.).
‘‘(dd) The program of block grants for
States for temporary assistance for needy
families established under part A of title IV
of the Social Security Act (42 U.S.C. 601 et
seq.).
‘‘(ee) The special supplemental nutrition
program for women, infants, and children
established by section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786).
‘‘(ff) The Medicaid program under title XIX
of the Social Security Act (42 U.S.C. 1396
et seq.).
‘‘(gg) Federal housing assistance programs, including tenant-based assistance
under section 8(o) of the United States

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134 STAT. 3171

Housing Act of 1937 (42 U.S.C. 1437f(o)), and
public housing, as defined in section 3(b)(1)
of such Act (42 U.S.C. 1437a(b)(1)).
‘‘(hh) Refundable credit for coverage under
a qualified health plan under section 36B of
the Internal Revenue Code of 1986.
‘‘(ii) The Earned Income Tax Credit under
section 32 of the Internal Revenue Code of
1986.
‘‘(jj) Any other means-tested program
determined by the Secretary to be appropriate.
‘‘(XVIII) If the applicant, or, if necessary, the
parents or spouse of the applicant, reported
receiving tax exempt payments from an individual
retirement plan (as defined in section 7701 of the
Internal Revenue Code of 1986) distribution or
from pensions or annuities on a Federal tax return,
information as to how much of the individual
retirement plan distribution or pension or annuity
disbursement was a qualified rollover.
‘‘(XIX) If the applicant, or, if necessary, the
parents or spouse of the applicant, reported
receiving foreign income that is exempt from Federal taxation or for which a permanent resident
of the United States or United States citizen
receives a foreign tax credit, information regarding
the amount of such foreign income.
‘‘(XX) If the applicant, or, if applicable, the
parents or spouse of the applicant, elects to report
receiving college grant and scholarship aid
included in gross income on a Federal tax return
described in section 480(e)(2), information
regarding the amount of such aid
‘‘(iii) PROHIBITION AGAINST REQUESTING INFORMATION MORE THAN ONCE.—Any information requested
during the process of creating an account for completing the free application under this subsection, shall,
to the fullest extent possible, not be required a second
time for the same award year, or in a duplicative
manner, when completing such free application except
in the case of an unusual situation, such as a temporary inability to access an account for completing
such free application.
‘‘(iv) CHANGE IN FAMILY SIZE.—The Secretary shall
provide a process by which an applicant shall confirm
the accuracy of family size or update the family size
with respect to such applicant for purposes of determining the need of such applicant for financial assistance under this title based on a change in family
size from the tax year data used for such determination.
‘‘(v) SINGLE QUESTION FOR HOMELESS STATUS.—
The Secretary shall ensure that—
‘‘(I) on the form developed under this section
for which the information is applicable, there is
a single, easily understood screening question to
identify an applicant who is an unaccompanied

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134 STAT. 3172

homeless youth or is unaccompanied, at risk of
homelessness, and self-supporting; and
‘‘(II) such question is distinct from those
relating to an individual who does not have access
to parental income due to an unusual circumstance.
‘‘(vi) ADJUSTMENTS.—The Secretary shall disclose
on the FAFSA that the student may, on a case-bycase basis, qualify for an adjustment under section
479A to the cost of attendance or the values of the
data items required to calculate the student’s eligibility
for a Federal Pell Grant or the student aid index
for the student or parent.
‘‘(C) NOTIFICATION AND APPROVAL OF REQUEST FOR TAX
RETURN INFORMATION.—The Secretary shall notify students
and borrowers who wish to submit an application for Federal student financial aid under this title (as well as parents and spouses who must sign such an application or
request or a Master Promissory Note on behalf of those
students and borrowers) of the authority of the Secretary
to require that such persons affirmatively approve that
the Internal Revenue Service disclose their tax return
information as described in section 494.
‘‘(D) AUTHORIZATIONS AVAILABLE TO THE APPLICANT.—
‘‘(i) AUTHORIZATION TO DISCLOSE FAFSA INFORMATION, INCLUDING A REDISCLOSURE OF TAX RETURN
INFORMATION, TO INSTITUTION, STATE HIGHER EDUCATION
AGENCY,
AND
DESIGNATED
SCHOLARSHIP
ORGANIZATIONS.—An applicant and, if necessary, the
parents or spouse of the applicant shall provide the
Secretary with authorization to disclose to an institution, State higher education agency, and scholarship
organizations (designated (prior to the date of enactment of the FUTURE Act (Public Law 116–91)) by
the Secretary under section 483(a)(3)(E)) as in effect
on such date of enactment, as specified by the applicant
and in accordance with section 494, in order for the
applicant’s eligibility for Federal financial aid programs, State financial aid programs, institutional
financial aid programs, and scholarship programs at
scholarship organizations (designated (prior to the date
of enactment of the FUTURE Act (Public Law 116–
91)) by the Secretary under section 483(a)(3)(E)) as
in effect on such date of enactment, to be determined,
the following:
‘‘(I) Information described under section
6103(l)(13) of the Internal Revenue Code of 1986.
‘‘(II) All information provided by the applicant
on the application described by this subsection
to determine the applicant’s eligibility for Federal
financial aid under this title and for the application, award, and administration of such Federal
financial aid, except the name of an institution
to which an applicant selects to redisclose information shall not be disclosed to any other institution.
‘‘(ii) AUTHORIZATION TO DISCLOSE TO BENEFITS PROGRAMS.—An applicant and, if necessary, the parents

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or spouse of the applicant may provide the Secretary
with authorization to disclose to applicable agencies
that handle applications for means-tested Federal benefit programs, as defined in section 479(b)(4)(H), all
information provided by the applicant on the application described by this subsection as well as such
applicant’s student aid index and scheduled Federal
Pell Grant award to assist in identification, outreach
and application efforts for the application, award, and
administration of such means-tested Federal benefits
programs, except such information shall not include
Federal tax information as specified in section
6103(l)(13)(C) of the Internal Revenue Code of 1986.
‘‘(E) ACTION BY THE SECRETARY.—Upon receiving—
‘‘(i) an application under this section, the Secretary
shall, as soon as practicable, perform the necessary
functions with the Commissioner of Internal Revenue
to calculate the applicant’s student aid index and
scheduled award for a Federal Pell Grant, if applicable,
assuming full-time enrollment for an academic year,
and note to the applicant the assumptions relationship
to the scheduled award; and
‘‘(ii) an authorization under subparagraph (D), the
Secretary shall, as soon as practicable, disclose the
information described under such subparagraph, as
specified by the applicant, in order for the applicant’s
eligibility for Federal, State, or institutional student
financial aid programs or means-tested Federal benefit
programs to be estimated or determined.
‘‘(F) WORK STUDY WAGES.—With respect to an applicant
who has received income earned from work under part
C of this title, the Secretary shall take the steps necessary
to collect information on the amount of such income for
the purposes of calculating such applicant’s student aid
index and scheduled award for a Federal Pell Grant, if
applicable, without adding additional questions to the
FAFSA, including by collecting such information from
institutions of higher education participating in work-study
programs under part C of this title.
‘‘(3) INFORMATION TO BE SUPPLIED BY THE SECRETARY OF
EDUCATION.—
‘‘(A) IN GENERAL.—Upon receiving and timely processing a free application that contains the information
described in paragraph (2), the Secretary shall provide
to the applicant the following information based on fulltime attendance for an academic year:
‘‘(i) The estimated dollar amount of a Federal Pell
Grant scheduled award for which the applicant is
eligible for such award year.
‘‘(ii) Information on other types of Federal financial
aid for which the applicant may be eligible (including
situations in which the applicant could qualify for 150
percent of a scheduled Federal Pell Grant award and
loans made under this title) and how the applicant
can find additional information regarding such aid.
‘‘(iii) Consumer-tested information regarding each
institution selected by the applicant in accordance with

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PUBLIC LAW 116–260—DEC. 27, 2020
paragraph (2)(B)(ii)(XI), which may include the following:
‘‘(I) The following information, as collected
through the Integrated Postsecondary Education
Data System or a successor Federal data system
as designated by the Secretary:
‘‘(aa) Net price by the income categories,
as described under section 132(i)(6), and
disaggregated by undergraduate and graduate
programs, as applicable.
‘‘(bb) Graduation rate.
‘‘(cc) Retention rate.
‘‘(dd) Transfer rate, if available.
‘‘(II) Median debt of students upon completion.
‘‘(III) Institutional default rate, as calculated
under section 435.
‘‘(iv) If the student is eligible for a student aid
index of less than or equal to zero under section 473,
a notification of the Federal means-tested benefits that
they have not already indicated they receive, but for
which they may be eligible, and relevant links and
information on how to apply for such benefits.
‘‘(v) Information on education tax benefits
described in paragraphs (1) and (2) of section 25A(a)
of the Internal Revenue Code of 1986 or other
applicable education tax benefits determined in consultation with the Secretary of the Treasury.
‘‘(vi) If the individual identified as a veteran, or
as serving (on the date of the application) on active
duty in the Armed Forces for other than training purposes, information on benefits administered by the
Department of Veteran Affairs or Department of
Defense, respectively.
‘‘(vii) If applicable, the applicant’s current outstanding balance of loans under this title.
‘‘(B) INFORMATION PROVIDED TO THE STATE.—
‘‘(i) IN GENERAL.—The Secretary shall redisclose,
with authorization from the applicant in accordance
with paragraph (2)(D)(i), to a State higher education
agency administering State-based financial aid and
serving the applicant’s State of residence, the information described under section 6103(l)(13) of the Internal
Revenue Code of 1986 and information described in
paragraph (2)(B) for the application, award, and
administration of grants and other student financial
aid provided directly from the State to be determined
by such State. Such information shall include the list
of institutions provided by the applicant on the application.
‘‘(ii) USE OF INFORMATION.—A State agency administering State-based financial aid—
‘‘(I) shall use the information provided under
clause (i) solely for the application, award, and
administration of State-based financial aid for
which the applicant is eligible;
‘‘(II) may use the information, except for the
information described under section 6103(l)(13) of

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134 STAT. 3175

the Internal Revenue Code of 1986, for State
agency research that does not release any individually identifiable information on any applicant to
promote college attendance, persistence, and
completion;
‘‘(III) may use identifying information provided
by student applicants on the FAFSA to determine
whether or not a graduating secondary student
has filed the application in coordination with local
educational agencies or secondary schools to
encourage students to complete the application;
and
‘‘(IV) may share the application information,
excluding the information described under section
6103(l)(13) of the Internal Revenue Code of 1986,
with any other entity, only if such applicant provides explicit written consent of the applicant,
except as provided in subclause (III).
‘‘(iii) LIMITATION ON CONSENT PROCESS.—A State
may provide a consent process whereby an applicant
may elect to share the information described in clause
(i), except for the information described in section
6103(l)(13) of the Internal Revenue Code of 1986,
through explicit written consent to Federal, State, or
local government agencies or tribal organizations to
assist such applicant in applying for and receiving
Federal, State, or local government assistance, or tribal
assistance for any component of the applicant’s cost
of attendance that may include financial assistance
or non-monetary assistance.
‘‘(iv) PROHIBITION.—Any entity that receives
applicant information under clause (iii) shall not sell,
share, or otherwise use applicant information other
than for the purposes outlined in clause (iii).
‘‘(C) USE OF INFORMATION PROVIDED TO THE INSTITUTION.—An institution—
‘‘(i) shall use the information provided to it solely
for the application, award, and administration of financial aid to the applicant;
‘‘(ii) may use the information provided, excluding
the information described under section 6013(l)(13) of
the Internal Revenue Code of 1986, for research that
does not release any individually identifiable information on any applicant, to promote college attendance,
persistence, and completion; and
‘‘(iii) shall not share such educational record
information with any other entity without the explicit
written consent of the applicant.
‘‘(D) PROHIBITION.—Any entity that receives applicant
information under subparagraph (C)(iii) shall not sell,
share, or otherwise use applicant information other than
for the purposes outlined in subparagraph (C).
‘‘(E) FAFSA INFORMATION THAT INCLUDES TAX RETURN
INFORMATION.—An applicant’s FAFSA information that
includes return or return information as described in section 6103(l)(13) of the Internal Revenue Code of 1986 may
be disclosed or redisclosed (which shall include obtaining,

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Data.
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sharing, or discussing such information) only in accordance
with the procedures described in section 494.
‘‘(4) DEVELOPMENT OF FORM AND INFORMATION EXCHANGE.—
Prior to the design of the free application under this subsection,
the Secretary shall, to the maximum extent practicable, on
an annual basis—
‘‘(A) consult with stakeholders to gather information
about innovations and technology available to—
‘‘(i) ensure an efficient and effective process;
‘‘(ii) mitigate unintended consequences; and
‘‘(iii) determine the best practices for outreach to
students and families during the transition to the
streamlined process for the determination of Federal
financial aid and Federal Pell Grant eligibility while
reducing the data burden on applicants and families;
and
‘‘(B) solicit public comments for the format of the free
application that provides for adequate time to incorporate
feedback prior to development of the application for the
succeeding award year.
‘‘(5) NO ADDITIONAL INFORMATION REQUESTS PERMITTED.—
In carrying out this subsection, the Secretary may not require
additional information to be submitted by an applicant (or
the parents or spouse of an applicant) for Federal financial
aid through other requirements or reporting, except as required
under a process or procedure exercised in accordance with
the authority under section 479A.
‘‘(6) STATE-RUN PROGRAMS.—
‘‘(A) IN GENERAL.—The Secretary shall conduct outreach to States in order to research the benefits to students
of States relying solely on the student aid index, scheduled
Pell Grant Award, or the financial data made available,
upon authorization by the applicant, as a result of an
application for aid under this subsection for determining
the eligibility of the applicant for State provided financial
aid.
‘‘(B) SECRETARIAL REVIEW.—If a State determines that
there is a need for additional data elements beyond those
provided pursuant to this subsection for determining the
eligibility of an applicant for State provided financial aid,
the State shall forward a list of those additional data
elements determined necessary, but not provided by virtue
of the application under this subsection, to the Secretary.
The Secretary shall make readily available to the public
through the Department’s websites and other means—
‘‘(i) a list of States that do not require additional
financial information separate from the Free Application for Federal Student Aid and do not require asset
information from students who qualify for the exemption from asset reporting under section 479 for the
purposes of awarding State scholarships and grant aid;
‘‘(ii) a list of States that require asset information
from students who qualify for the exemption from asset
reporting under section 479 for the purposes of
awarding State scholarships and grant aid;
‘‘(iii) a list of States that have indicated that they
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the Free Application for Federal Student Aid for purposes of awarding State scholarships and grant aid;
and
‘‘(iv) with the publication of the lists under this
subparagraph, information about additional resources
available to applicants, including links to such State
websites.
‘‘(7) INSTITUTION-RUN FINANCIAL AID.—
‘‘(A) IN GENERAL.—The Secretary shall conduct outreach to institutions of higher education to describe the
benefits to students of relying solely on the student aid
index, scheduled Pell Grant Award, or the financial data
made available, upon authorization for release by the
applicant, as a result of an application for aid under this
subsection for determining the eligibility of the applicant
for institutional financial aid. The Secretary shall make
readily available to the public through its websites and
other means—
‘‘(i) a list of institutions that do not require additional financial information separate from the Free
Application for Federal Student Aid and do not require
asset information from students who qualify for the
exemption from asset reporting under section 479 for
the purpose of awarding institution-run financial aid;
‘‘(ii) a list of institutions that require asset information from students who qualify for the exemption from
asset reporting under section 479 for the purpose of
awarding institution-run financial aid;
‘‘(iii) a list of institutions that require additional
financial information separate from the Free Application for Federal Student Aid for the purpose of
awarding institution-run financial aid; and
‘‘(iv) with the publication of the list in clause (iii),
information about additional resources available to
applicants.
‘‘(8) SECURITY OF DATA.—The Secretary shall, in consultation with the Secretary of the Treasury—
‘‘(A) take all necessary steps to safeguard the data
required to be transmitted for the purpose of this section
between Federal agencies and to States and institutions
of higher education and secure the transmittal of such
data;
‘‘(B) provide guidance to States and institutions of
higher education regarding their obligation to ensure the
security of the data provided under this section and section
6103 of the Internal Revenue Code of 1986; and
‘‘(C) provide guidance on the implementation of section
6103 of the Internal Revenue Code of 1986, including how
it intersects with the provisions of section 444 of the General Education Provisions Act (commonly known as the
‘Family Educational Rights and Privacy Act of 1974’), and
any additional consent processes that may be available
to applicants in accordance with the Internal Revenue Code
of 1986 regarding sharing of Federal tax information.
‘‘(9) REPORT TO CONGRESS.—
‘‘(A) IN GENERAL.—Not later than 1 year after the
date of enactment of the FAFSA Simplification Act, the

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134 STAT. 3178

Secretary shall report to the authorizing committees on
the progress of the Secretary in carrying out this subsection, including planning and stakeholder consultation.
Such report shall include—
‘‘(i) benchmarks for implementation;
‘‘(ii) entities and organizations that the Secretary
consulted;
‘‘(iii) system requirements for such implementation
and how they will be addressed;
‘‘(iv) any areas of concern and potential problem
issues uncovered that may hamper such implementation; and
‘‘(v) solutions determined to address such issues.
‘‘(B) UPDATES.—The Secretary shall provide updates
to the authorizing committees—
‘‘(i) as to the progress and planning described in
subparagraph (A) prior to implementation of the revisions to the Free Application for Federal Student Aid
under this subsection not less often than quarterly;
and
‘‘(ii) at least 6 months and 1 year after implementation of the revisions to the Free Application for Federal
Student Aid.
‘‘(b) ADJUSTMENTS AND IMPROVEMENTS.—
‘‘(1) IN GENERAL.—The Secretary shall disclose in a consumer-tested format, upon completion of the Free Application
for Federal Student Aid under this section, that the student
may, on a case-by-case basis, qualify for an adjustment under
section 479A to the cost of attendance or the values of the
data items required to calculate the Federal Pell Grant or
the need analysis for the student or parent. Such disclosure
shall specify—
‘‘(A) examples of the special circumstances under which
a student or family member may qualify for such adjustment or determination of independence; and
‘‘(B) additional information regarding the steps a student or family member may take in order to seek an
adjustment under section 479A.
‘‘(2) CONSUMER TESTING.—
‘‘(A) IN GENERAL.—Not later than 9 months after the
date of enactment of the FAFSA Simplification Act, the
Secretary shall begin consumer testing the design of the
Free Application for Federal Student Aid under this section
with prospective first-generation college students, representatives of students (including low-income students,
English learners, first-generation college students, adult
students, veterans, servicemembers, and prospective students), students’ families (including low-income families,
families with English learners, families with first-generation college students, and families with prospective students), institutions of higher education, secondary school
and postsecondary counselors, and nonprofit consumer
groups.
‘‘(B) UPDATES.—For award year 2023–2024 and at least
each fourth succeeding award year thereafter, the Secretary
shall update the design of the Free Application for Federal
Student Aid based on additional consumer testing with

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the populations described in subparagraph (A) in order
to improve the usability and accessibility of the application.
‘‘(3) ACCESSIBILITY OF THE FAFSA.—The Secretary shall—
‘‘(A) in conjunction with the Bureau of the Census,
determine the most common languages spoken by English
learner students and their parents in the United States;
‘‘(B) develop and make publicly available versions of
the Free Application for Federal Student Aid form in not
fewer than 11 of the most common languages determined
under subparagraph (A) and make such versions available
and accessible to applicants in paper and electronic formats;
and
‘‘(C) ensure that the Free Application for Federal Student Aid is available in formats accessible to individuals
with disabilities and compliant with the most recent Web
Content Accessibility Guidelines, or successor guidelines.
‘‘(4) REAPPLICATION IN A SUCCEEDING ACADEMIC YEAR.—
In order to streamline an applicant’s experience in applying
for financial aid, the Secretary shall allow an applicant who
electronically applies for financial assistance under this title
for an academic year subsequent to an academic year for which
such applicant applied for financial assistance under this title
to automatically electronically import all of the applicant’s
(including parents’, guardians’, or spouses’, as applicable)
identifying, demographic, and school data from the previous
application and to update such information to reflect any circumstances that have changed.
‘‘(5) TECHNOLOGY ACCESSIBILITY.—The Secretary shall
make the application under this section available through
prevalent technology. Such technology shall, at a minimum,
enable applicants to—
‘‘(A) save data; and
‘‘(B) submit the application under this title to the Secretary through such technology.
‘‘(6) VERIFICATION BURDEN.—The Secretary shall—
‘‘(A) to the maximum extent practicable, streamline
and simplify the process of verification for applicants for
Federal financial aid;
‘‘(B) in establishing policies and procedures to verify
applicants’ eligibility for Federal financial aid, consider—
‘‘(i) the burden placed on low-income applicants;
‘‘(ii) the risk to low-income applicants of failing
to complete the application, enroll in college, or complete a postsecondary credential as a result of being
selected for verification;
‘‘(iii) the effectiveness of the policies and procedures in preventing overpayments; and
‘‘(iv) the reasons for the source of any improper
payments; and
‘‘(C) issue a public report not less often than annually
that includes the number and percentage of applicants
subject to verification, whether the applicants ultimately
received Federal financial aid disbursements, the extent
to which the student aid index changed for such applicants
as a result of verification, and the extent to which such
applicants’ eligibility for Federal financial aid under this
title changed.

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PUBLIC LAW 116–260—DEC. 27, 2020
‘‘(7) STUDIES.—The Secretary shall periodically conduct
studies on—
‘‘(A) whether the Free Application for Federal Student
Aid is a barrier to college enrollment by examining—
‘‘(i) the effect of States requiring additional
information specified in clauses (ii) and (iii) of subsection (a)(6)(B) on the determination of State financial
aid awards, including—
‘‘(I) how much financial aid awards would
change if the additional information were not
required; and
‘‘(II) the number of students who started but
did not finish the Free Application for Federal
Student Aid, compared to the baseline year of
2021; and
‘‘(ii) the number of students who—
‘‘(I) started a Free Application for Federal Student Aid but did not receive financial assistance
under this title for the applicable academic year;
and
‘‘(II) if available, did not enroll in an institution of higher education in the applicable academic
year;
‘‘(B) the most common barriers faced by applicants
in completing the Free Application for Federal Student
Aid; and
‘‘(C) the most common reasons that students and families do not fill out the Free Applications for Federal Student
Aid.
‘‘(c) DATA AND INFORMATION.—
‘‘(1) IN GENERAL.—The Secretary shall publish data in a
publicly accessible manner—
‘‘(A) annually on the total number of Free Applications
for Federal Student Aid submitted by application cycle,
disaggregated by demographic characteristics, type of
institution or institutions of higher education to which
the applicant applied, the applicant’s State of legal residence, and high school and public school district;
‘‘(B) quarterly on the total number of Free Applications
for Federal Student Aid submitted by application cycle,
disaggregated by type of institution or institutions of higher
education to which the applicant applied, the applicant’s
State of legal residence, and high school and public school
district;
‘‘(C) weekly on the total number of Free Applications
for Federal Student Aid submitted, disaggregated by high
school and public school district; and
‘‘(D) annually on the number of individuals who apply
for federal financial aid pursuant to this section who
indicated that they are—
‘‘(i) an unaccompanied homeless youth or unaccompanied, at risk of homelessness, and self-supporting;
or
‘‘(ii) a foster care youth.
‘‘(2) CONTENTS.—The data described in paragraph (1)(D)
with respect to homeless youth shall include, at a minimum,
for each application cycle—

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134 STAT. 3181

‘‘(A) the total number of all applicants who were determined to be individuals described in section 480(d)(8); and
‘‘(B) the number of applicants described in subparagraph (A), disaggregated—
‘‘(i) by State; and
‘‘(ii) by the sources of determination as described
in section 479D(b).
‘‘(3) DATA SHARING.—The Secretary may enter into data
sharing agreements with the appropriate Federal or State agencies to conduct outreach regarding, and connect applicants
directly with, the means-tested Federal benefit programs
described in subsection (a)(2)(B)(ii)(XVII) for which the
applicants may be eligible.
‘‘(d) ENSURING FORM USABILITY.—
‘‘(1) SIGNATURE.—Notwithstanding any other provision of
this title, the Secretary may permit the Free Application for
Federal Student Aid to be submitted without a signature, if
a signature is subsequently submitted by the applicant, or
if the applicant uses an access device provided by the Secretary.
‘‘(2) FREE PREPARATION AUTHORIZED.—Notwithstanding any
other provision of this title, an applicant may use a preparer
for consultative or preparation services for the completion of
the Free Application for Federal Student Aid without charging
a fee to the applicant if the preparer—
‘‘(A) includes, at the time the application is submitted
to the Department, the name, address or employer’s
address, social security number or employer identification
number, and organizational affiliation of the preparer on
the applicant’s form;
‘‘(B) is subject to the same penalties as an applicant
for purposely giving false or misleading information in
the application;
‘‘(C) clearly informs each individual upon initial contact, that the Free Application for Federal Student Aid
is a free form that may be completed without professional
assistance; and
‘‘(D) does not produce, use, or disseminate any other
form for the purpose of applying for Federal financial aid
other than the Free Application for Federal Student Aid
developed by the Secretary under this section.
‘‘(3) CHARGES TO STUDENTS AND PARENTS FOR USE OF FORMS
PROHIBITED.—The need for and eligibility of a student for financial assistance under this title may be determined only by
using the Free Application for Federal Student Aid developed
by the Secretary under this section. Such application shall
be produced, distributed, and processed by the Secretary, and
no parent or student shall be charged a fee by the Secretary,
a contractor, a third-party servicer or private software provider,
or any other public or private entity for the collection, processing, or delivery of Federal financial aid through the use
of such application. No data collected on a form for which
a fee is charged shall be used to complete the Free Application
for Federal Student Aid prescribed under this section, except
that a Federal or State income tax form prepared by a paid
income tax preparer or preparer service for the primary purpose
of filing a Federal or State income tax return may be used

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Deadline.
Time period.

20 USC 1090
note.

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Cooperation.

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to complete the Free Application for Federal Student Aid prescribed under this section.
‘‘(4) APPLICATION PROCESSING CYCLE.—The Secretary shall
enable applicants to submit a Free Application for Federal
Student Aid developed under this section and initiate the processing of such application, not later than January 1 of the
applicant’s planned year of enrollment, to the maximum extent
practicable, on or around October 1 prior to the applicant’s
planned year of enrollment.
‘‘(5) EARLY ESTIMATES.—The Secretary shall maintain an
electronic method for applicants to enter income and family
size information to calculate a non-binding estimate of the
applicant’s Federal financial aid available under this title and
shall place such calculator on a prominent location at the
beginning of the Free Application for Federal Student Aid.
‘‘(6) ADDITIONAL FORMS.—Notwithstanding any other provision of this title, an institution may not condition the packaging
or receipt of Federal financial aid on the completion of additional requests for financial information beyond the Free
Application for Federal Student Aid, unless such information
is required for verification, a determination of independence,
or professional judgement.’’.
(2) REPORTS.—Notwithstanding section 701(b) of this title,
the Secretary of Education shall have the authority to issue
reports and begin consumer testing prior to July 1, 2023, as
provided in the amendment made by paragraph (1).
(n) STUDENT ELIGIBILITY.—
(1) AMENDMENTS.—
(A) IN GENERAL.—Section 484 of the Higher Education
Act of 1965 (20 U.S.C. 1091) is amended—
(i) by striking subsections (n) and (r);
(ii) by redesignating subsections (o), (p), (s), and
(t), as subsections (n), (o), (q), and (r), respectively;
(iii) by inserting between subsections (o) and (q),
as redesignated under clause (i), the following:
‘‘(p) USE OF INCOME DATA WITH IRS.—The Secretary, in
cooperation with the Secretary of the Treasury, shall fulfill the
data transfer requirements under section 6103(l)(13) of the Internal
Revenue Code of 1986 and the procedure and requirements outlined
in section 494.’’; and
(iv) by adding at the end the following:
‘‘(s) EXCEPTION TO REQUIRED REGISTRATION WITH THE SELECTIVE SERVICE SYSTEM.—Notwithstanding section 12(f) of the Military Selective Service Act (50 U.S.C. 3811(f)), an individual shall
not be ineligible for assistance or a benefit provided under this
title if the individual is required under section 3 of such Act (50
U.S.C. 3802) to present himself for and submit to registration
under such section and fails to do so in accordance with any
proclamation issued under such section, or in accordance with any
rule or regulation issued under such section.
‘‘(t) CONFINED OR INCARCERATED INDIVIDUALS.—
‘‘(1) DEFINITIONS.—In this subsection:
‘‘(A) CONFINED OR INCARCERATED INDIVIDUAL.—The
term ‘confined or incarcerated individual’—
‘‘(i) means an individual who is serving a criminal
sentence in a Federal, State, or local penal institution,

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134 STAT. 3183

prison, jail, reformatory, work farm, or other similar
correctional institution; and
‘‘(ii) does not include an individual who is in a
halfway house or home detention or is sentenced to
serve only weekends.
‘‘(B) PRISON EDUCATION PROGRAM.—The term ‘prison
education program’ means an education or training program that—
‘‘(i) is an eligible program under this title offered
by an institution of higher education (as defined in
section 101 or 102(a)(1)(B));
‘‘(ii) is offered by an institution that has been
approved to operate in a correctional facility by the
appropriate State department of corrections or other
entity that is responsible for overseeing correctional
facilities, or by the Bureau of Prisons;
‘‘(iii) has been determined by the appropriate State
department of corrections or other entity that is responsible for overseeing correctional facilities, or by the
Bureau of Prisons, to be operating in the best interest
of students, the determination of which shall be made
by the State department of corrections or other entity
or by the Bureau of Prisons, respectively, and may
be based on—
‘‘(I) rates of confined or incarcerated individuals continuing their education post-release;
‘‘(II) job placement rates for such individuals;
‘‘(III) earnings for such individuals;
‘‘(IV) rates of recidivism for such individuals;
‘‘(V) the experience, credentials, and rates of
turnover or departure of instructors;
‘‘(VI) the transferability of credits for courses
available to confined or incarcerated individuals
and the applicability of such credits toward related
degree or certificate programs; or
‘‘(VII) offering relevant academic and career
advising services to participating confined or incarcerated individuals while they are confined or
incarcerated, in advance of reentry, and upon
release;
‘‘(iv) offers transferability of credits to at least
1 institution of higher education (as defined in section
101 or 102(a)(1)(B)) in the State in which the correctional facility is located, or, in the case of a Federal
correctional facility, in the State in which most of
the individuals confined or incarcerated in such facility
will reside upon release;
‘‘(v) is offered by an institution that has not been
subject, during the 5 years preceding the date of the
determination, to—
‘‘(I) any suspension, emergency action, or
termination of programs under this title;
‘‘(II) any adverse action by the institution’s
accrediting agency or association; or
‘‘(III) any action by the State to revoke a
license or other authority to operate;

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Collaboration.

Deadline.

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‘‘(vi) satisfies any applicable educational requirements for professional licensure or certification,
including licensure or certification examinations
needed to practice or find employment in the sectors
or occupations for which the program prepares the
individual, in the State in which the correctional
facility is located or, in the case of a Federal correctional facility, in the State in which most of the individuals confined or incarcerated in such facility will reside
upon release; and
‘‘(vii) does not offer education that is designed
to lead to licensure or employment for a specific job
or occupation in the State if such job or occupation
typically involves prohibitions on the licensure or
employment of formerly incarcerated individuals in the
State in which the correctional facility is located, or,
in the case of a Federal correctional facility, in the
State in which most of the individuals confined or
incarcerated in such facility will reside upon release.
‘‘(2) TECHNICAL ASSISTANCE.—The Secretary, in collaboration with the Attorney General, shall provide technical assistance and guidance to the Bureau of Prisons, State departments
of corrections, and other entities that are responsible for overseeing correctional facilities in making determinations under
paragraph (1)(B)(iii).
‘‘(3) FEDERAL PELL GRANT ELIGIBILITY.—Notwithstanding
subsection (a), in order for a confined or incarcerated individual
who otherwise meets the eligibility requirements of this title
to be eligible to receive a Federal Pell Grant under section
401, the individual shall be enrolled or accepted for enrollment
in a prison education program.
‘‘(4) EVALUATION.—
‘‘(A) IN GENERAL.—Not later than 1 year after the
date of enactment of the FAFSA Simplification Act, in
order to evaluate and improve the impact of activities
supported under this subsection, the Secretary, in partnership with the Director of the Institute of Education
Sciences, shall award 1 or more grants or contracts to,
or enter into cooperative agreements with, experienced
public and private institutions and organizations to enable
the institutions and organizations to conduct an external
evaluation that shall—
‘‘(i) assess the ability of confined or incarcerated
individuals to access and complete the Free Application
for Federal Student Aid;
‘‘(ii) examine in-custody outcomes and post-release
outcomes related to providing Federal Pell Grants to
confined or incarcerated individuals, including—
‘‘(I) attainment of a postsecondary degree or
credential;
‘‘(II) safety in penal institutions with prison
education programs;
‘‘(III) the size of waiting lists for prison education programs;
‘‘(IV) the extent to which such individuals continue their education post-release;

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134 STAT. 3185

‘‘(V) employment and earnings outcomes for
such individuals; and
‘‘(VI) rates of recidivism for such individuals;
‘‘(iii) track individuals who received Federal Pell
Grants under subpart 1 of part A at 1, 3, and 5
years after the individuals’ release from confinement
or incarceration; and
‘‘(iv) examine the extent to which institutions provide re-entry or relevant career services to participating confined or incarcerated individuals as part of
the prison education program and the efficacy of such
services, if offered.
‘‘(B) REPORT.—Beginning not later than 1 year after
the Secretary awards the grant, contract, or cooperative
agreement described in subparagraph (A) and annually
thereafter, each institution of higher education operating
a prison education program under this subsection shall
submit a report to the Secretary on activities assisted and
students served under this subsection, which shall include
the information, as applicable, contained in clauses (i)
through (iv) of subparagraph (A).
‘‘(5) REPORT.—Not later than 1 year after the date of enactment of the FAFSA Simplification Act and on at least an
annual basis thereafter, the Secretary shall submit to the
authorizing committees, and make publicly available on the
website of the Department, a report on the—
‘‘(A) impact of this subsection which shall include, at
a minimum—
‘‘(i) the names and types of institutions of higher
education offering prison education programs at which
confined or incarcerated individuals are enrolled and
receiving Federal Pell Grants;
‘‘(ii) the number of confined or incarcerated individuals receiving Federal Pell Grants through each prison
education program;
‘‘(iii) the amount of Federal Pell Grant expenditures for each prison education program;
‘‘(iv) the average amount of Federal Pell Grant
expenditures per full-time equivalent students in a
prison education program compared to the average
amount of Federal Pell Grant expenditures per fulltime equivalent students not in prison education programs;
‘‘(v) the demographics of confined or incarcerated
individuals receiving Federal Pell Grants;
‘‘(vi) the cost of attendance for such individuals;
‘‘(vii) the mode of instruction (such as distance
education, in-person instruction, or a combination of
such modes) for each prison education program;
‘‘(viii) information on the academic outcomes of
such individuals (such as credits attempted and
earned, and credential and degree completion) and any
information available from student satisfaction surveys
conducted by the applicable institution or correctional
facility;

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PUBLIC LAW 116–260—DEC. 27, 2020

‘‘(ix) information on post-release outcomes of such
individuals, including, to the extent practicable, continued postsecondary enrollment, earnings, credit
transfer, and job placement;
‘‘(x) rates of recidivism for confined or incarcerated
individuals receiving Federal Pell Grants;
‘‘(xi) information on transfers of confined or incarcerated individuals between prison education programs;
‘‘(xii) the most common programs and courses
offered in prison education programs; and
‘‘(xiii) rates of instructor turnover or departure
for courses offered in prison education programs;
‘‘(B) results of each prison education program at each
institution of higher education, including the information
described in clauses (ii) through (xiii) of subparagraph (A);
and
‘‘(C) findings regarding best practices with respect to
prison education programs.’’.
(B) CONFORMING AMENDMENT.—Section 428B(f)(2) of
the Higher Education Act of 1965 (20 U.S.C. 1078–2(f)(2))
is amended by striking ‘‘section 484(p)’’ and inserting ‘‘section 484(o)’’.
(C) INSTITUTIONAL AND FINANCIAL ASSISTANCE
INFORMATION FOR STUDENTS.—Section 485 of the Higher
Education Act of 1965 (20 U.S.C. 1092) is amended by
repealing subsection (k).
(2) EARLY EFFECTIVE DATE PERMITTED.—Notwithstanding
section 701(b) of this Act, sections 401(b)(6) and 484(r) of the
Higher Education Act of 1965 (20 U.S.C. 1070a(b)(6); 1091(r))
as in effect on the date of enactment of this Act, and section
12(f) of the Military Selective Service Act (50 U.S.C. 3811(f)),
the Secretary of Education may implement the amendments
made by paragraph (1) of this subsection before (but not later
than) July 1, 2023. The Secretary shall specify in a designation
on what date, under what conditions, and for which award
years the Secretary will implement such amendments prior
to July 1, 2023. The Secretary shall publish any designation
under this paragraph in the Federal Register at least 60 days
before implementation.
(o) EARLY AWARENESS OF FINANCIAL AID ELIGIBILITY.—Section
485E of the Higher Education Act of 1965 (20 U.S.C. 1092f) is
amended to read as follows:

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‘‘SEC. 485E. EARLY AWARENESS AND OUTREACH OF FINANCIAL AID
ELIGIBILITY.

‘‘(a) IN GENERAL.—The Secretary shall implement early outreach activities in order to provide prospective students and their
families with information about financial aid and estimates of financial aid. Such early outreach activities shall include the activities
described in subsections (b), (c), and (d).
‘‘(b) PELL GRANT EARLY AWARENESS ESTIMATES.—
‘‘(1) IN GENERAL.—The Secretary shall produce a consumertested method of estimating student eligibility for Federal Pell
Grants under section 401(b) utilizing the variables of family
size and adjusted gross income, presented in electronic format.

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134 STAT. 3187

There shall be a method for students to indicate whether they
are, or will be in—
‘‘(A) a single-parent household;
‘‘(B) a household with two parents; or
‘‘(C) a household with no children or dependents.
‘‘(2) CONSUMER TESTING.—
‘‘(A) IN GENERAL.—The method of estimating eligibility
described in paragraph (1) shall be consumer tested with
prospective first-generation students and families as well
as low-income individuals and families.
‘‘(B) UPDATES.—For award year 2023–2024 and each
fourth succeeding award year thereafter, the design of the
method of estimating eligibility shall be updated based
on additional consumer testing with the populations
described in subparagraph (A).
‘‘(3) DISTRIBUTION.—The method of estimating eligibility
described in paragraph (1) shall be—
‘‘(A) made publicly and prominently available on the
Department’s website; and
‘‘(B) actively shared by the Secretary with—
‘‘(i) institutions of higher education participating
in programs under this title;
‘‘(ii) all middle and secondary schools eligible for
funds under part A of title I of the Elementary and
Secondary Education Act of 1965;
‘‘(iii) local educational agencies and middle schools
and high schools that serve students not less than
25 percent of whom meet a measure of poverty as
described in section 1113(a)(5) of the Elementary and
Secondary Education Act of 1965; and
‘‘(iv) agencies responsible for administering meanstested Federal benefit programs, as defined in section
479(b)(4)(H).
‘‘(4) ELECTRONIC ESTIMATOR ON FAFSA.—In accordance with
subsection (d)(5) of section 483, the Secretary shall maintain
an electronic method for applicants to enter income and family
size, and level of education sought information to calculate
a non-binding estimate (which may include a range, ceiling,
or minimum) of the applicant’s Federal financial aid available
under this title and shall place such calculator on a prominent
location on the FAFSA website and in a manner that encourages students to fill out the FAFSA.
‘‘(c) EARLY AWARENESS PLANS.—The Secretary shall establish
and implement early awareness and outreach plans to provide
early information about the availability of Federal financial aid
and estimates of prospective students’ eligibility for Federal financial aid as well as to promote the attainment of postsecondary
education specifically among prospective first-generation students
and families as well as low-income individuals and families, as
follows:
‘‘(1) OUTREACH PLANS FOR LOW-INCOME FAMILIES.—
‘‘(A) IN GENERAL.—The Secretary shall develop plans
for each population described in this subparagraph to
disseminate information about the availability of Federal
financial aid under this title, in addition to and in coordination with the distribution of the method of estimating eligibility under subsection (b), to—

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134 STAT. 3188

‘‘(i) all middle schools and secondary schools
eligible for funds under part A of title I of the
Elementary and Secondary Education Act of 1965;
‘‘(ii) local educational agencies and middle schools
and high schools that serve students not less than
25 percent of whom meet a measure of poverty as
described in section 1113(a)(5) of the Elementary and
Secondary Education Act;
‘‘(iii) households receiving assistance under the
supplemental nutrition assistance program established
under the Food and Nutrition Act of 2008 (7 U.S.C.
2011 et seq.); and
‘‘(iv) agencies responsible for administering meanstested Federal benefit programs, as defined in section
479(b)(4)(H).
‘‘(B) CONTENT OF PLANS.—The plans described in paragraph (A) shall—
‘‘(i) provide students and their families with
information on—
‘‘(I) the availability of the College Scorecard
or any similar successor website;
‘‘(II) the electronic estimates of financial aid
available under subsection (b);
‘‘(III) Federal financial aid available to students, including eligibility criteria for the Federal
financial aid and an explanation of the Federal
financial aid programs (including applicable Federal educational tax credits); and
‘‘(IV) resources that can inform students of
financial aid that may be available from statebased financial aid, state-based college savings programs, and scholarships and other non-governmental sources;
‘‘(ii) describe how the dissemination of information
will be conducted by the Secretary.
‘‘(C) REPORTING AND UPDATES.—The Secretary shall
post the information about the plans under subparagraph
(A) and associated goals publicly on the Department’s
website. On an annual basis, the Secretary shall report
qualitative and quantitative outcomes regarding the
implementation of the plans under subparagraph (A). The
Secretary shall review and update such plans not less
often than every 4 award years with the goal of progressively increasing the impact of the activities under this
paragraph.
‘‘(D) PARTNERSHIP.—The Secretary may partner with
States, State systems of higher education, institutions of
higher education, or college access organizations to carry
out this paragraph.
‘‘(2) INTERAGENCY COORDINATION PLANS.—
‘‘(A) IN GENERAL.—The Secretary shall develop interagency coordination plans in order to inform more students
and families, including low-income individuals or families
and recipients of means-tested Federal benefits, about the
availability of Federal financial aid under this title through
participation in existing Federal programs or tax benefits

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134 STAT. 3189

that serve low-income individuals or families, in coordination with the following Secretaries:
‘‘(i) The Secretary of the Treasury.
‘‘(ii) The Secretary of Labor.
‘‘(iii) The Secretary of Health and Human Services.
‘‘(iv) The Secretary of Agriculture.
‘‘(v) The Secretary of Housing and Urban Development.
‘‘(vi) The Secretary of Commerce.
‘‘(vii) The Secretary of Veterans Affairs.
‘‘(viii) The Secretary of the Interior.
‘‘(B) PROCESS, ACTIVITIES, AND GOALS.—Each interagency coordination plan under subparagraph (A) shall—
‘‘(i) identify opportunities in which low-income
individuals and families could be informed of the availability of Federal financial aid under this title through
access to other Federal programs that serve low-income
individuals and families;
‘‘(ii) identify methods to effectively inform lowincome individuals and families of the availability of
Federal financial aid for postsecondary education under
this title and assist such individuals in completing
the Free Application for Federal Student Aid;
‘‘(iii) develop early awareness and FAFSA completion activities that align with the opportunities and
methods identified under clauses (i) and (ii);
‘‘(iv) establish goals regarding the effects of the
activities to be implemented under clause (iii); and
‘‘(v) provide information on how students and families can maintain access to Federal programs that serve
low-income individuals and families operated by the
agencies identified under subsection (A) while
attending an institution of higher education.
‘‘(C) PLAN WITH SECRETARY OF THE TREASURY.—The
interagency coordination plan under subparagraph (A)(i)
between the Secretary and the Secretary of the Treasury
shall further include specific methods to increase the
application for Federal financial aid under this title from
individuals who file Federal tax returns, including
collaboration with tax preparation entities or other third
parties, as appropriate.
‘‘(D) REPORTING AND UPDATES.—The Secretary shall
post the information about the interagency coordination
plans under this paragraph and associated goals publicly
on the Department’s website. The plans shall have the
goal of progressively increasing the impact of the activities
under this paragraph by increasing the number of lowincome applicants for, and recipients of, Federal financial
aid. The plans shall be updated not less than once every
4 years.
‘‘(3) NATIONWIDE PARTICIPATION IN EARLY AWARENESS
PLANS.—
‘‘(A) IN GENERAL.—The Secretary shall solicit voluntary
public commitments from entities, such as States, State
systems of higher education, institutions of higher education, and other interested organizations, to carry out
early awareness plans, which shall include goals, to—

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‘‘(i) notify prospective and existing students who
are low-income individuals and families about their
eligibility for Federal aid under this title, as well as
State-based financial aid, if applicable, on an annual
basis;
‘‘(ii) increase the number of prospective and current students who are low-income individuals and families filing the Free Application for Federal Student
Aid; and
‘‘(iii) increase the number of prospective and current students who are low-income individuals and families enrolling in postsecondary education.
‘‘(B) REPORTING AND UPDATES.—Each entity that makes
a voluntary public commitment to carry out an early awareness plan may submit quantitative and qualitative data
based on the entity’s progress toward the goals of the
plan annually prior to a date selected by the Secretary.
‘‘(C) EARLY AWARENESS CHAMPIONS.—Based on data
submitted by entities, the Secretary shall select and designate entities submitting public commitments, plans, and
goals, as Early Awareness Champions on an annual basis.
Those entities designated as Early Awareness Champions
shall provide one or more case studies regarding the activities the entity undertook under this paragraph which shall
be made public by the Secretary on the Department of
Education website to promote best practices.
‘‘(d) PUBLIC AWARENESS CAMPAIGN.—
‘‘(1) IN GENERAL.—The Secretary shall develop and implement a public awareness campaign designed using current and
relevant independent research regarding strategies and media
platforms found to be most effective in communicating with
low-income populations in order to increase national awareness
regarding the availability of Federal Pell Grants and financial
aid under this title and, at the option of the Secretary, potential
availability of state need-based financial aid.
‘‘(2) COORDINATION.—The public awareness campaign
described in paragraph (1) shall leverage the activities in subsections (b) and (c) to highlight eligibility among low-income
populations. In developing and implementing the campaign,
the Secretary may work in coordination with States, institutions
of higher education, early intervention and outreach programs
under this title, other Federal agencies, agencies responsible
for administering means-tested Federal benefit programs (as
defined in section 479(b)(4)(H)), organizations involved in college access and student financial aid, secondary schools, local
educational agencies, public libraries, community centers,
businesses, employers, workforce investment boards, and
organizations that provide services to individuals who are or
were homeless, in foster care, or are disconnected youth.
‘‘(3) REPORTING.—The Secretary shall report on the success
of the public awareness campaign described in paragraph (1)
annually regarding the extent to which the public and target
populations were reached using data commonly used to evaluate
advertising and outreach campaigns and data regarding
whether the campaign produced any increase in applicants
for Federal aid under this title publicly on the Department
of Education website.’’.

Notification.

Studies.
Public
information.
Web posting.

Coordination.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 3191

(p) PROCEDURE AND REQUIREMENTS FOR REQUESTING TAX
RETURN INFORMATION FROM THE INTERNAL REVENUE SERVICE.—
Section 494(a)(1) of the Higher Education Act of 1965 (20 U.S.C.
1098h(a)(1)) is amended—
(1) in subparagraph (A)(ii), by striking ‘‘and’’ after the
semicolon;
(2) in subparagraph (B), by striking the period at the
end and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(C) if an individual is pursuing provisional independent student status due to an unusual circumstance,
as described in section 479A and provided for in section
479D, require such individual to provide an affirmative
approval under subparagraph (B), but not require a parent
of such individual to provide an affirmative approval under
subparagraph (B).’’.
SEC. 703. FEDERAL PELL GRANTS: AMOUNT AND DETERMINATIONS;
APPLICATIONS.

Section 401 of the Higher Education Act of 1965 (20 U.S.C.
1070a) is amended to read as follows:

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‘‘SEC. 401. FEDERAL PELL GRANTS: AMOUNT AND DETERMINATIONS;
APPLICATIONS.

‘‘(a) PURPOSE; DEFINITIONS.—
‘‘(1) PURPOSE.—The purpose of this subpart is to provide
a Federal Pell Grant to low-income students.
‘‘(2) DEFINITIONS.—In this section—
‘‘(A) the term ‘adjusted gross income’ means—
‘‘(i) in the case of a dependent student, the adjusted
gross income (as defined in section 62 of the Internal
Revenue Code of 1986) of the student’s parents in
the second tax year preceding the academic year; and
‘‘(ii) in the case of an independent student, the
adjusted gross income (as defined in section 62 of the
Internal Revenue Code of 1986) of the student (and
the student’s spouse, if applicable) in the second tax
year preceding the academic year;
‘‘(B) the term ‘family size’ has the meaning given the
term in section 480(k);
‘‘(C) the term ‘poverty line’ means the poverty line
(as determined under the poverty guidelines updated
periodically in the Federal Register by the Department
of Health and Human Services under the authority of
section 673(2) of the Community Services Block Grant Act
(42 U.S.C. 9902(2))) applicable to the student’s family size
and applicable to the second tax year preceding the academic year;
‘‘(D) the term ‘single parent’ means—
‘‘(i) a parent of a dependent student who was a
head of household (as defined in section 2(b) of the
Internal Revenue Code of 1986) or a surviving spouse
(as defined in section 2(a) of the Internal Revenue
Code of 1986) or was an eligible individual for purposes
of the credit under section 32 of such Code, in the
second tax year preceding the academic year; or
‘‘(ii) an independent student who is a parent and
was a head of household (as defined in section 2(b)

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134 STAT. 3192

PUBLIC LAW 116–260—DEC. 27, 2020
of the Internal Revenue Code of 1986) or a surviving
spouse (as defined in section 2(a) of the Internal Revenue Code of 1986) or was an eligible individual for
purposes of the credit under section 32 of such Code,
in the second tax year preceding the academic year;
‘‘(E) the term ‘total maximum Federal Pell Grant’
means the total maximum Federal Pell Grant award per
student for any academic year described under subsection
(b)(5); and
‘‘(F) the term ‘minimum Federal Pell Grant’ means
the minimum amount of a Federal Pell Grant that shall
be awarded to a student for any academic year in which
that student is attending full time, which shall be equal
to 10 percent of the total maximum Federal Pell Grant
for such academic year.
‘‘(b) AMOUNT AND DISTRIBUTION OF GRANTS.—
‘‘(1) DETERMINATION OF AMOUNT OF A FEDERAL PELL
GRANT.—Subject to paragraphs (2) and (3), the amount of a
Federal Pell Grant for a student shall be determined in accordance with the following:
‘‘(A) A student shall be eligible for a total maximum
Federal Pell Grant for an academic year in which the
student is enrolled in an eligible program full time—
‘‘(i) if the student (and the student’s spouse, if
applicable), or, in the case of a dependent student,
the dependent student’s parents (or single parent), is
not required to file a Federal income tax return in
the second year preceding the academic year;
‘‘(ii) if the student or, in the case of a dependent
student, the dependent student’s parent, is a single
parent, and the adjusted gross income is greater than
zero and equal to or less than 225 percent of the
poverty line; or
‘‘(iii) if the student or, in the case of a dependent
student, the dependent student’s parent, is not a single
parent, and the adjusted gross income is greater than
zero and equal to or less than 175 percent of the
poverty line.
‘‘(B) A student who is not eligible for a total maximum
Federal Pell Grant under subparagraph (A) for an academic
year, shall be eligible for a Federal Pell Grant for an
academic year in which the student is enrolled in an eligible
program full time if such student’s student aid index in
such award year is less than the total maximum Federal
Pell Grant for that award year. The amount of the Federal
Pell Grant for a student eligible under this subparagraph
shall be—
‘‘(i) the total maximum Federal Pell Grant as calculated under paragraph (5)(A) for that year, less
‘‘(ii) an amount equal to the amount determined
to be the student aid index with respect to that student
for that year, except that a student aid index of less
than zero shall be considered to be zero for the purposes of this clause,
rounded to the nearest $5, except that a student eligible
for less than the minimum Federal Pell Grant as defined
in section (a)(2)(F) shall not be eligible for an award.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 3193

‘‘(C) A student who is not eligible for a Federal Pell
Grant under subparagraph (A) or (B) shall be eligible for
the minimum Federal Pell Grant for an academic year
in which the student is enrolled in an eligible program
full time—
‘‘(i) in the case of a dependent student—
‘‘(I) if the student’s parent is a single parent,
and the adjusted gross income is equal to or less
than 325 percent of the poverty line; or
‘‘(II) if the student’s parent is not a single
parent, and the adjusted gross income is equal
to or less than 275 percent of the poverty line;
or
‘‘(ii) in the case of an independent student—
‘‘(I) if the student is a single parent, and the
adjusted gross income is equal to or less than
400 percent of the poverty line;
‘‘(II) if the student is a parent and is not
a single parent, and the adjusted gross income
is equal to or less than 350 percent of the poverty
line; or
‘‘(III) if the student is not a parent, and the
adjusted gross income is equal to or less than
275 percent of the poverty line.
‘‘(D) A student eligible for the total maximum Federal
Pell Grant under subparagraph (A) who has (or whose
spouse or parent, as applicable based on whose information
is used under such subparagraph, has) foreign income that
would, if added to adjusted gross income, result in the
student no longer being eligible for such total maximum
Federal Pell Grant, shall not be provided a Federal Pell
Grant until the student aid administrator evaluates the
student’s FAFSA and makes a determination regarding
whether it is appropriate to make an adjustment under
section 479A(b)(1)(B)(v) to account for such foreign income
when determining the student’s eligibility for such total
maximum Federal Pell Grant.
‘‘(E) With respect to a student who is not eligible
for the total maximum Federal Pell Grant under subparagraph (A) or a minimum Federal Pell Grant under subparagraph (C), the Secretary shall subtract from the student
or parents’ adjusted gross income, as applicable based on
whose income is used for the Federal Pell Grant calculation,
the sum of the following for the individual whose income
is so used, and consider such difference the adjusted gross
income for purposes of determining the student’s eligibility
for such Federal Pell Grant award under such subparagraph:
‘‘(i) If the applicant, or, if applicable, the parents
or spouse of the applicant, elects to report receiving
college grant and scholarship aid included in gross
income on a Federal tax return described in section
480(e)(2), the amount of such aid.
‘‘(ii) Income earned from work under part C of
this title.

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134 STAT. 3194

PUBLIC LAW 116–260—DEC. 27, 2020
‘‘(2) LESS THAN FULL-TIME ENROLLMENT.—In any case
where a student is enrolled in an eligible program of an institution of higher education on less than a full-time basis (including
a student who attends an institution of higher education on
less than a half-time basis) during any academic year, the
amount of the Federal Pell Grant to which that student is
entitled shall be reduced in direct proportion to the degree
to which that student is not so enrolled on a full-time basis,
rounded to the nearest whole percentage point, as provided
in a schedule of reductions published by the Secretary computed
in accordance with this subpart. Such schedule of reductions
shall be published in the Federal Register in accordance with
section 482. Such reduced Federal Pell Grant for a student
enrolled on a less than full-time basis shall also apply proportionally to students who are otherwise eligible to receive the
minimum Federal Pell Grant, if enrolled full-time.
‘‘(3) AWARD MAY NOT EXCEED COST OF ATTENDANCE.—No
Federal Pell Grant under this subpart shall exceed the cost
of attendance (as defined in section 472) at the institution
at which that student is in attendance. If, with respect to
any student, it is determined that the amount of a Federal
Pell Grant for that student exceeds the cost of attendance
for that year, the amount of the Federal Pell Grant shall
be reduced until the Federal Pell Grant does not exceed the
cost of attendance at such institution.
‘‘(4) STUDY ABROAD.—Notwithstanding any other provision
of this subpart, the Secretary shall allow the amount of the
Federal Pell Grant to be exceeded for students participating
in a program of study abroad approved for credit by the institution at which the student is enrolled when the reasonable
costs of such program are greater than the cost of attendance
at the student’s home institution, except that the amount of
such Federal Pell Grant in any fiscal year shall not exceed
the maximum amount of a Federal Pell Grant for which a
student is eligible under paragraph (1) or (2) during such
award year. If the preceding sentence applies, the financial
aid administrator at the home institution may use the cost
of the study abroad program, rather than the home institution’s
cost, to determine the cost of attendance of the student.
‘‘(5) TOTAL MAXIMUM FEDERAL PELL GRANT.—
‘‘(A) IN GENERAL.—For award year 2023–2024, and
each subsequent award year, the total maximum Federal
Pell Grant award per student shall be equal to the sum
of—
‘‘(i) $1,060; and
‘‘(ii) the amount specified as the maximum Federal
Pell Grant in the last enacted appropriation Act
applicable to that award year.
‘‘(B) ROUNDING.—The total maximum Federal Pell
Grant for any award year shall be rounded to the nearest
$5.
‘‘(6) FUNDS BY FISCAL YEAR.—
‘‘(A) IN GENERAL.—To carry out this section—
‘‘(i) there are authorized to be appropriated and
are appropriated (in addition to any other amounts
appropriated to carry out this section and out of any
money in the Treasury not otherwise appropriated)

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 3195

such sums as are necessary to carry out paragraph
(5)(A)(i) for fiscal year 2023 and each subsequent fiscal
year; and
‘‘(ii) such sums as may be necessary are authorized
to be appropriated to carry out paragraph (5)(A)(ii)
for each of the fiscal years 2023 through 2033.
‘‘(B) AVAILABILITY OF FUNDS.—The amounts made
available by subparagraph (A) for any fiscal year shall
be available beginning on October 1 of that fiscal year,
and shall remain available through September 30 of the
succeeding fiscal year.
‘‘(7) APPROPRIATION.—
‘‘(A) IN GENERAL.—In addition to any funds appropriated under paragraph (6) and any funds made available
for this section under any appropriations Act, there are
authorized to be appropriated, and there are appropriated
(out of any money in the Treasury not otherwise appropriated) to carry out this section, $1,170,000,000 for fiscal
year 2023 and each subsequent award year.
‘‘(B) NO EFFECT ON PREVIOUS APPROPRIATIONS.—The
amendments made to this section by the FAFSA Simplification Act shall not—
‘‘(i) increase or decrease the amounts that have
been appropriated or are available to carry out this
section for fiscal year 2017, 2018, 2019, 2020, 2021,
or 2022 as of the day before the effective date of
such Act; or
‘‘(ii) extend the period of availability for obligation
that applied to any such amount, as of the day before
such effective date.
‘‘(C) AVAILABILITY OF FUNDS.—The amounts made
available by this paragraph for any fiscal year shall be
available beginning on October 1 of that fiscal year, and
shall remain available through September 30 of the succeeding fiscal year.
‘‘(8) METHOD OF DISTRIBUTION.—
‘‘(A) IN GENERAL.—For each fiscal year through fiscal
year 2033, the Secretary shall pay to each eligible institution such sums as may be necessary to pay each eligible
student for each academic year during which that student
is in attendance at an institution of higher education as
an undergraduate, a Federal Pell Grant in the amount
for which that student is eligible.
‘‘(B) ALTERNATIVE DISBURSEMENT.—Nothing in this section shall be interpreted to prohibit the Secretary from
paying directly to students, in advance of the beginning
of the academic term, an amount for which they are eligible,
in the cases where an eligible institution does not participate in the disbursement system under subparagraph (A).
‘‘(9) ADDITIONAL PAYMENT PERIODS IN SAME AWARD YEAR.—
‘‘(A) Effective in the 2017–2018 award year and thereafter, the Secretary shall award an eligible student not
more than one and one-half Federal Pell Grants during
a single award year to permit such student to work toward
completion of an eligible program if, during that single
award year, the student has received a Federal Pell Grant
for an award year and is enrolled in an eligible program

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Effective date.
Time period.

Effective date.
Time period.

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134 STAT. 3196

PUBLIC LAW 116–260—DEC. 27, 2020
for one or more additional payment periods during the
same award year that are not otherwise fully covered by
the student’s Federal Pell Grant.
‘‘(B) In the case of a student receiving more than
one Federal Pell Grant in a single award year under
subparagraph (A), the total amount of Federal Pell Grants
awarded to such student for the award year may exceed
the total maximum Federal Pell Grant available for an
award year.
‘‘(C) Any period of study covered by a Federal Pell
Grant awarded under subparagraph (A) shall be included
in determining a student’s duration limit under subsection
(d)(5).
‘‘(D) In any case where an eligible student is receiving
a Federal Pell Grant for a payment period that spans
2 award years, the Secretary shall allow the eligible institution in which the student is enrolled to determine the
award year to which the additional period shall be assigned,
as it determines is most beneficial to students.
‘‘(c) SPECIAL RULE.—
‘‘(1) IN GENERAL.—A student described in paragraph (2)
shall be eligible for the total maximum Federal Pell Grant.
‘‘(2) APPLICABILITY.—Paragraph (1) shall apply to any
dependent or independent student—
‘‘(A) who is eligible to receive a Federal Pell Grant
according to subsection (b)(1) for the award year for which
the determination is made;
‘‘(B) whose parent or guardian was—
‘‘(i) an individual who, on or after September 11,
2001, died in the line of duty while serving on active
duty as a member of the Armed Forces; or
‘‘(ii) actively serving as a public safety officer and
died in the line of duty while performing as a public
safety officer; and
‘‘(C) who is less than 33 years of age.
‘‘(3) INFORMATION.—Notwithstanding any other provision
of law—
‘‘(A) the Secretary shall establish the necessary datasharing agreements with the Secretary of Veterans Affairs
and the Secretary of Defense, as applicable, to provide
the information necessary to determine which students
meet the requirements of paragraph (2)(B)(i); and
‘‘(B) the financial aid administrator shall verify with
the student that the student is eligible for the adjustment
and notify the Secretary of the adjustment of the student’s
eligibility.
‘‘(4) TREATMENT OF PELL AMOUNT.—Notwithstanding section 1212 of the Omnibus Crime Control and Safe Streets
Act of 1968 (34 U.S.C. 10302), in the case of a student who
receives an increased Federal Pell Grant amount under this
section, the total amount of such Federal Pell Grant, including
the increase under this subsection, shall not be considered
in calculating that student’s educational assistance benefits
under the Public Safety Officers’ Benefits program under subpart 2 of part L of title I of such Act.
‘‘(5) DEFINITION OF PUBLIC SAFETY OFFICER.—For purposes
of this subsection, the term ‘public safety officer’ means—

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 3197

‘‘(A) a public safety officer, as defined in section 1204
of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (34 U.S.C. 10284); or
‘‘(B) a fire police officer, defined as an individual who—
‘‘(i) is serving in accordance with State or local
law as an officially recognized or designated member
of a legally organized public safety agency;
‘‘(ii) is not a law enforcement officer, a firefighter,
a chaplain, or a member of a rescue squad or ambulance crew; and
‘‘(iii) provides scene security or directs traffic—
‘‘(I) in response to any fire drill, fire call, or
other fire, rescue, or police emergency; or
‘‘(II) at a planned special event.
‘‘(d) PERIOD OF ELIGIBILITY FOR GRANTS.—
‘‘(1) IN GENERAL.—The period during which a student may
receive Federal Pell Grants shall be the period required for
the completion of the first undergraduate baccalaureate course
of study being pursued by that student at the institution at
which the student is in attendance, except that any period
during which the student is enrolled in a noncredit or remedial
course of study, as described in paragraph (2), shall not be
counted for the purpose of this paragraph.
‘‘(2) NONCREDIT OR REMEDIAL COURSES; STUDY ABROAD.—
Nothing in this section shall exclude from eligibility courses
of study which are noncredit or remedial in nature (including
courses in English language instruction) which are determined
by the institution to be necessary to help the student be prepared for the pursuit of a first undergraduate baccalaureate
degree or certificate or, in the case of courses in English language instruction, to be necessary to enable the student to
use already existing knowledge, training, or skills. Nothing
in this section shall exclude from eligibility programs of study
abroad that are approved for credit by the home institution
at which the student is enrolled.
‘‘(3) NO CONCURRENT PAYMENTS.—No student is entitled
to receive Pell Grant payments concurrently from more than
one institution or from both the Secretary and an institution.
‘‘(4) POSTBACCALAUREATE PROGRAM.—Notwithstanding
paragraph (1), the Secretary may allow, on a case-by-case basis,
a student to receive a Federal Pell Grant if the student—
‘‘(A) is carrying at least one-half the normal full-time
work load for the course of study the student is pursuing,
as determined by the institution of higher education; and
‘‘(B) is enrolled or accepted for enrollment in a
postbaccalaureate program that does not lead to a graduate
degree, and in courses required by a State in order for
the student to receive a professional certification or
licensing credential that is required for employment as
a teacher in an elementary school or secondary school
in that State,
except that this paragraph shall not apply to a student who
is enrolled in an institution of higher education that offers
a baccalaureate degree in education.
‘‘(5) MAXIMUM PERIOD.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), the period during which a student may receive Federal

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134 STAT. 3198

PUBLIC LAW 116–260—DEC. 27, 2020

Pell Grants shall not exceed 12 semesters, or the equivalent
of 12 semesters, as determined by the Secretary by regulation. Such regulations shall provide, with respect to a student who received a Federal Pell Grant for a term but
was enrolled at a fraction of full time, that only that
same fraction of such semester or equivalent shall count
towards such duration limits.
‘‘(B) EXCEPTION.—
‘‘(i) IN GENERAL.—Any Federal Pell Grant that a
student received during a period described in subclause
(I) or (II) of clause (ii) shall not count towards the
student’s duration limits under this paragraph.
‘‘(ii) APPLICABLE PERIODS.—Clause (i) shall apply
with respect to any Federal Pell Grant awarded to
a student to enroll in an eligible program at an institution—
‘‘(I) during a period of a student’s attendance
at an institution—
‘‘(aa) at which the student was unable
to complete a course of study due to the closing
of the institution; or
‘‘(bb) for which the student was falsely
certified as eligible for Federal aid under this
title; or
‘‘(II) during a period—
‘‘(aa) for which the student received a loan
under this title; and
‘‘(bb) for which the loan described in item
(aa) is discharged under—
‘‘(AA) section 437(c)(1) or section
464(g)(1);
‘‘(BB) section 432(a)(6); or
‘‘(CC) section 455(h) due to the student’s successful assertion of a defense to
repayment of the loan, including defenses
provided to any applicable groups of students.
‘‘(e) APPLICATIONS FOR GRANTS.—
‘‘(1) DEADLINES.—The Secretary shall from time to time
set dates by which students shall file the Free Application
for Federal Student Aid under section 483.
‘‘(2) APPLICATION.—Each student desiring a Federal Pell
Grant for any year shall file the Free Application for Federal
Student Aid containing the information necessary to enable
the Secretary to carry out the functions and responsibilities
of this subpart.
‘‘(f) DISTRIBUTION OF GRANTS TO STUDENTS.—Payments under
this section shall be made in accordance with regulations promulgated by the Secretary for such purpose, in such manner as will
best accomplish the purpose of this section. Any disbursement
allowed to be made by crediting the student’s account shall be
limited to tuition and fees, and food and housing if that food
and housing is institutionally owned or operated. The student may
elect to have the institution provide other such goods and services
by crediting the student’s account.
‘‘(g) INSUFFICIENT APPROPRIATIONS.—If, for any fiscal year, the
funds appropriated for payments under this subpart are insufficient

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 3199

to satisfy fully all entitlements, as calculated under subsections
(b) and (c) (but at the maximum grant level specified in such
appropriation), the Secretary shall promptly transmit a notice of
such insufficiency to each House of the Congress, and identify
in such notice the additional amount that would be required to
be appropriated to satisfy fully all entitlements (as so calculated
at such maximum grant level).
‘‘(h) USE OF EXCESS FUNDS.—
‘‘(1) 15 PERCENT OR LESS.—If, at the end of a fiscal year,
the funds available for making payments under this subpart
exceed the amount necessary to make the payments required
under this subpart to eligible students by 15 percent or less,
then all of the excess funds shall remain available for making
payments under this subpart during the next succeeding fiscal
year.
‘‘(2) MORE THAN 15 PERCENT.—If, at the end of a fiscal
year, the funds available for making payments under this subpart exceed the amount necessary to make the payments
required under this subpart to eligible students by more than
15 percent, then all of such funds shall remain available for
making such payments but payments may be made under this
paragraph only with respect to entitlements for that fiscal
year.
‘‘(i) TREATMENT OF INSTITUTIONS AND STUDENTS UNDER OTHER
LAWS.—Any institution of higher education which enters into an
agreement with the Secretary to disburse to students attending
that institution the amounts those students are eligible to receive
under this subpart shall not be deemed, by virtue of such agreement, a contractor maintaining a system of records to accomplish
a function of the Secretary. Recipients of Pell Grants shall not
be considered to be individual grantees for purposes of chapter
81 of title 41, United States Code.
‘‘(j) INSTITUTIONAL INELIGIBILITY BASED ON DEFAULT RATES.—
‘‘(1) IN GENERAL.—No institution of higher education shall
be an eligible institution for purposes of this subpart if such
institution of higher education is ineligible to participate in
a loan program under part B or D as a result of a final
default rate determination made by the Secretary under part
B or D after the final publication of cohort default rates for
fiscal year 1996 or a succeeding fiscal year.
‘‘(2) SANCTIONS SUBJECT TO APPEAL OPPORTUNITY.—No
institution may be subject to the terms of this subsection unless
the institution has had the opportunity to appeal the institution’s default rate determination under regulations issued by
the Secretary for the loan program authorized under part B
or D, as applicable. This subsection shall not apply to an
institution that was not participating in the loan program
authorized under part B or D on October 7, 1998, unless the
institution subsequently participates in the loan programs.’’.

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SEC. 704. CONFORMING AMENDMENTS.

The Higher Education Act of 1965 (20 U.S.C. 1001 et seq.)
is amended—
(1) by striking ‘‘the expected family contribution’’ each place
the term appears and inserting ‘‘the student aid index’’;
(2) by striking ‘‘expected family contributions’’ each place
the term appears and inserting ‘‘student aid indexes’’;

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134 STAT. 3200

PUBLIC LAW 116–260—DEC. 27, 2020
(3) by striking ‘‘an expected family contribution’’ each place
the term appears and inserting ‘‘a student aid index’’;
(4) by striking ‘‘average expected family contribution’’ each
place the term appears and inserting ‘‘average student aid
index’’;
(5) in section 415E(c)(1)(B)(vii), by striking ‘‘automatic zero
expected family contribution’’ and inserting ‘‘automatic zero
student aid index’’; and
(6) in section 428(a)(2)(B), by striking ‘‘expected family
contribution’’ and inserting ‘‘student aid index’’.

SEC. 705. REPEAL OF THE SUBSIDIZED USAGE LIMIT APPLIES (SULA)
RESTRICTION.

Deadline.
20 USC 1087e
note.

Federal Register,
publication.
Deadline.

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20 USC 1001
note.
Deadline.

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(a) REPEAL.—Section 455(q) of the Higher Education Act of
1965 (20 U.S.C. 1087e(q)) is repealed.
(b) EARLY EFFECTIVE DATE PERMITTED.—Notwithstanding section 701(b) of this Act and section 455(q) of the Higher Education
Act of 1965 (20 U.S.C. 1087e(q)) as in effect on the date of enactment
of this Act, the Secretary of Education may implement the repeal
authorized under subsection (a) before (but not later than) July
1, 2023. The Secretary shall specify in a designation on what
date and for which award years the implementation of such repeal
will be effective prior to July 1, 2023. The Secretary shall publish
any designation under this paragraph in the Federal Register at
least 60 days before implementation.
SEC. 706. FORGIVENESS OF HBCU CAPITAL FINANCING LOANS.

(a) FORGIVENESS.—Not later than 90 days after the effective
date of this section, the Secretary of Education shall repay each
institution of higher education’s outstanding balance of principal,
interest, fees, and costs on the disbursed loan amounts (as of
such effective date) under each applicable closed loan agreement,
including paying any reimbursement (including reimbursements
of escrow and return of fees and deposits) relating to the applicable
closed loan agreement that are usual and customary when the
loan is paid off by the institution.
(b) APPLICABLE CLOSED LOAN AGREEMENT.—In this section,
the term ‘‘applicable closed loan agreement’’ means each of the
following:
(1) A closed loan agreement executed before the date of
enactment of this Act and made under part D of title III
of the Higher Education Act of 1965 (20 U.S.C. 1066 et seq.).
(2) A closed loan agreement executed before the date of
enactment of this Act and made for deferment balances authorized under—
(A) section 3512 of the CARES Act (20 U.S.C. 1001
note);
(B) title III of division A of the Further Consolidated
Appropriations Act, 2020 (Public Law 116–94; 133 Stat.
2586);
(C) title III of division B of the Department of Defense
and Labor, Health and Human Services, and Education
Appropriations Act, 2019 and Continuing Appropriations
Act, 2019 (Public Law 115–245; 132 Stat. 3097); or
(D) title III of division H of the Consolidated Appropriations Act, 2018 (Public Law 115–141; 132 Stat. 741).
(c) AUTHORIZATION AND APPROPRIATION.—There are authorized
to be appropriated, and there are appropriated, out of any amounts

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 3201

in the Treasury not otherwise appropriated, such sums as may
be necessary to carry out subsection (a).
(d) EFFECTIVE DATE.—Notwithstanding section 701(b), this section shall take effect on the date of enactment of this Act.

TITLE VIII—ACCESS TO DEATH INFORMATION FURNISHED TO OR MAINTAINED BY THE SOCIAL SECURITY
ADMINISTRATION

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SEC. 801. ACCESS TO DEATH INFORMATION FURNISHED TO OR MAINTAINED BY THE SOCIAL SECURITY ADMINISTRATION.

(a) IN GENERAL.—Section 205(r) of the Social Security Act (42
U.S.C. 405(r)) is amended—
(1) in paragraph (2)—
(A) by striking ‘‘Each State’’ and inserting ‘‘(A) Each
State’’;
(B) by striking ‘‘may’’ and inserting ‘‘shall’’;
(C) by striking ‘‘from amounts available for administration of this Act the reasonable costs (established by the
Commissioner of Social Security in consultations with the
States) for transcribing and transmitting such information
to the Commissioner of Social Security.’’ and inserting ‘‘for
the following:
‘‘(i) A fee, to be established pursuant to subparagraph (B), for the use of such information by—
‘‘(I) the Commissioner; and
‘‘(II) any other agency that receives such
information from the Commissioner and is subject
to the requirements of subparagraph (3)(A).
‘‘(ii) The full documented cost to the State of
transmitting such information to the Commissioner,
including the costs of maintaining, enhancing, and
operating any electronic system used solely for
transmitting such information to the Commissioner.
‘‘(B) The fee for the use of such information shall
be established by the Commissioner of Social Security in
consultations with the States, and shall include—
‘‘(i) a share of the costs to the State associated
with collecting and maintaining such information;
ensuring the completeness, timeliness, and accuracy
of such information; and maintaining, enhancing, and
operating the electronic systems that allow for the
transmission of such information; and
‘‘(ii) a fee for the right to use such information.
‘‘(C) The Commissioner of Social Security shall not
use amounts provided for a fiscal year in an appropriation
Act under the heading ‘Limitation on Administrative
Expenses’ for the Social Security Administration for the
amounts under paragraph (3)(A), except as the Commissioner determines is necessary on a temporary basis and
subject to reimbursement under such paragraph.’’;

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134 STAT. 3202

(2) in paragraph (3)(A), by striking ‘‘for the reasonable
cost of carrying out such arrangement, and’’ and inserting
‘‘for—
‘‘(i) the agency’s proportional share (as determined
by the Commissioner in consultation with the head
of the agency) of—
‘‘(I) the payments to States required under
paragraph (2)(A);
‘‘(II) the costs to the Commissioner of developing the contracts described in paragraph (1);
and
‘‘(III) the costs to the Commissioner of carrying
out the study required under section 802 of division FF of the Consolidated Appropriations Act,
2021; and
‘‘(ii) the full documented cost to the Commissioner
of developing such arrangement and transmitting such
information to the agency; and’’;
(3) in paragraph (5)—
(A) by striking ‘‘such records as may be corrected under
this section’’ and inserting ‘‘all information regarding
deceased individuals furnished to or maintained by the
Commissioner under this subsection’’; and
(B) by striking ‘‘by Federal and State agencies’’ and
inserting ‘‘by a Federal or State agency, provided that
the requirements of subparagraphs (A) and (B) of paragraph (3) are met’’;
(4) by redesignating paragraphs (7) through (9) as paragraphs (8) through (10), respectively, and inserting after paragraph (6) the following new paragraph:
‘‘(7) In the event an individual is incorrectly identified
as deceased in the records furnished by a State to the Commissioner of Social Security under this subsection and the individual provides the Commissioner with the necessary documentation to correct such identification, the Commissioner
may—
‘‘(A) notify the State of the error in the records so
furnished; and
‘‘(B) inform the individual of the source of the incorrect
death data.’’;
(5) in paragraph (9)(F), as so redesignated, by striking
‘‘the Commission’’ and inserting ‘‘the Commissioner’’;
(6) in paragraph (10), as so redesignated—
(A) by adjusting the left margin so as to align with
the left margin of paragraph (9); and
(B) in subparagraph (A)(i), by inserting ‘‘, provided
that the requirements of subparagraphs (A) and (B) of
paragraph (3) are met with respect to such agreement’’
before the semicolon; and
(7) by adding at the end the following new paragraph:
‘‘(11) During the 3-year period that begins on the effective
date of this paragraph, the Commissioner of Social Security
shall, to the extent feasible, provide information furnished to
the Commissioner under paragraph (1) to the agency operating
the Do Not Pay working system described in section 3354(c)
of title 31, United States Code, to prevent improper payments
to deceased individuals through a cooperative arrangement with

Notification.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 3203

such agency, provided that the requirements of subparagraphs
(A) and (B) of paragraph (3) are met with respect to such
arrangement with such agency.’’.
(b) EFFECTIVE DATES.—
(1) IN GENERAL.—Subject to paragraph (2), the amendments
made by this section shall take effect on the date of enactment
of this Act.
(2) DELAY.—The amendment made by paragraph (7) of
subsection (a) shall take effect on the date that is 3 years
after the date of enactment of this Act.

42 USC 405 note.

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SEC. 802. STUDY AND REPORT TO CONGRESS ON SOURCES AND ACCESS
TO DEATH DATA.

(a) STUDY.—Not later than 180 days after the date of enactment
of this Act, the Commissioner of Social Security shall enter into
an agreement with the National Academy of Public Administration
to conduct an independent study of the current and potential sources
for, and provision of access to, State-owned death data for limited
use by Federal agencies and programs for purposes of program
administration and payment integrity. Such study shall be performed in consultation with State vital records agencies, the
National Association for Public Health Statistics and Information
Systems (NAPHSIS), the Commissioner of Social Security, the
agency operating the Do Not Pay working system described in
section 3354(c) of title 31, United States Code, and other Federal
agencies using such death data, as appropriate, and shall include
the following:
(1) Analysis of the following:
(A) The sources and owners of the death data.
(B) The timeliness, accuracy, and completeness of
State-owned death data, including the process for correcting
inaccuracies .
(C) Federal and State laws that may affect legal access
to, and protections for, State-owned death data.
(D) Federalism and the appropriate roles of the relevant Federal and State entities, including States’ role
in recording vital records and the core mission and responsibility of any Federal agency involved.
(E) The costs incurred for each step of the death data
collection, management, protection (legal and otherwise),
and transmission processes, and the challenges to adequate
funding of State vital records programs.
(F) Unmet needs (if any) for these data among Federal
agencies or programs.
(G) Options for providing Federal agencies with limited
access to State-owned death data, including Federal agencies contracting directly with States for access to such
data or distribution of such data via the Commissioner
of Social Security or another Federal agency or program,
and corresponding options for appropriate reimbursement
structures.
(2) An assessment of the strengths and limitations of the
options for distribution and reimbursement identified in paragraph (1)(G).
(b) REPORT.—Upon completion of the study required under
subsection (a), the Commissioner of Social Security shall transmit
the study to the Committees on Ways and Means and Oversight

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Contracts.

Consultation.

Analysis.

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134 STAT. 3204

PUBLIC LAW 116–260—DEC. 27, 2020

and Reform of the House of Representatives, and the Committees
on Finance and Homeland Security and Governmental Affairs of
the Senate.

TITLE IX—TELECOMMUNICATIONS AND
CONSUMER PROTECTION
Portable Fuel
Container Safety
Act of 2020.
Determinations.
15 USC 2056d.

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SEC. 901. PERFORMANCE STANDARDS TO PROTECT AGAINST PORTABLE FUEL CONTAINER EXPLOSIONS NEAR OPEN
FLAMES OR OTHER IGNITION SOURCES.

(a) SHORT TITLE.—This section may be cited as the ‘‘Portable
Fuel Container Safety Act of 2020’’.
(b) STANDARDS.—
(1) RULE ON SAFETY PERFORMANCE STANDARDS REQUIRED.—
Not later than 30 months after the date of enactment of this
Act, the Consumer Product Safety Commission (referred to
in this Act as the ‘‘Commission’’) shall promulgate a final rule
to require flame mitigation devices in portable fuel containers
that impede the propagation of flame into the container, except
as provided in paragraph (3).
(2) RULEMAKING; CONSUMER PRODUCT SAFETY STANDARD.—
A rule under paragraph (1)—
(A) shall be promulgated in accordance with section
553 of title 5, United States Code; and
(B) shall be treated as a consumer product safety rule
promulgated under section 9 of the Consumer Product
Safety Act (15 U.S.C. 2058).
(3) EXCEPTION.—
(A) VOLUNTARY STANDARD.—Paragraph (1) shall not
apply for a class of portable fuel containers in the scope
of this Act if the Commission determines at any time
that—
(i) there is a voluntary standard for flame mitigation devices for those containers that impedes the
propagation of flame into the container;
(ii) the voluntary standard described in clause (i)
is or will be in effect not later than 18 months after
the date of enactment of this Act; and
(iii) the voluntary standard described in clause
(i) is developed by ASTM International or such other
standard development organization that the Commission determines to have met the intent of this Act.
(B) DETERMINATION REQUIRED TO BE PUBLISHED IN THE
FEDERAL REGISTER.—Any determination made by the
Commission under this subsection shall be published in
the Federal Register.
(4) TREATMENT OF VOLUNTARY STANDARD FOR PURPOSE OF
ENFORCEMENT.—If the Commission determines that a voluntary
standard meets the conditions described in paragraph (3)(A),
the requirements of such voluntary standard shall be treated
as a consumer product safety rule promulgated under section
9 of the Consumer Product Safety Act (15 U.S.C. 2058) beginning on the date which is the later of—
(A) 180 days after publication of the Commission’s
determination under paragraph (3); or

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134 STAT. 3205

(B) the effective date contained in the voluntary
standard.
(5) REVISION OF VOLUNTARY STANDARD.—
(A) NOTICE TO COMMISSION.—If the requirements of
a voluntary standard that meet the conditions of paragraph
(3) are subsequently revised, the organization that revised
the standard shall notify the Commission after the final
approval of the revision.
(B) EFFECTIVE DATE OF REVISION.—Not later than 180
days after the Commission is notified of a revised voluntary
standard described in subparagraph (A) (or such later date
as the Commission determines appropriate), such revised
voluntary standard shall become enforceable as a consumer
product safety rule promulgated under section 9 of the
Consumer Product Safety Act (15 U.S.C. 2058), in place
of the prior version, unless within 90 days after receiving
the notice the Commission determines that the revised
voluntary standard does not meet the requirements
described in paragraph (3).
(6) FUTURE RULEMAKING.—The Commission, at any time
after publication of the consumer product safety rule required
by paragraph (1), a voluntary standard is treated as a consumer
product safety rule under paragraph (4), or a revision is enforceable as a consumer product safety rule under paragraph (5)
may initiate a rulemaking in accordance with section 553 of
title 5, United States Code, to modify the requirements or
to include any additional provision that the Commission determines is reasonably necessary to protect the public against
flame jetting from a portable fuel container. Any rule promulgated under this subsection shall be treated as a consumer
product safety rule promulgated under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058).
(7) ACTION REQUIRED.—
(A) EDUCATION CAMPAIGN.—Not later than 1 year after
the date of enactment of this Act, the Commission shall
undertake a campaign to educate consumers about the
dangers associated with using or storing portable fuel containers for flammable liquids near an open flame or any
other source of ignition.
(B) SUMMARY OF ACTIONS.—Not later than 2 years
after the date of enactment of this Act, the Commission
shall submit to Congress a summary of actions taken by
the Commission in such campaign.
(8) PORTABLE FUEL CONTAINER DEFINED.—In this Act, the
term ‘‘portable fuel container’’ means any container or vessel
(including any spout, cap, and other closure mechanism or
component of such container or vessel or any retrofit or
aftermarket spout or component intended or reasonably anticipated to be for use with such container)—
(A) intended for flammable liquid fuels with a flash
point less than 140 degrees Fahrenheit, including gasoline,
kerosene, diesel, ethanol, methanol, denatured alcohol, or
biofuels;
(B) that is a consumer product with a capacity of
5 gallons or less; and

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Notification.
Regulations.

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134 STAT. 3206

PUBLIC LAW 116–260—DEC. 27, 2020
(C) that the manufacturer knows or reasonably should
know is used by consumers for transporting, storing, and
dispensing flammable liquid fuels.
(9) RULE OF CONSTRUCTION.—This Act may not be interpreted to conflict with the Children’s Gasoline Burn Prevention
Act (Public Law 110–278; 122 Stat. 2602).
(c) CHILDREN’S GASOLINE BURN PREVENTION ACT.—
(1) AMENDMENT.—Section 2(c) of the Children’s Gasoline
Burn Prevention Act (15 U.S.C. 2056 note; Public Law 110–
278) is amended by inserting after ‘‘for use by consumers’’
the following: ‘‘and any receptacle for gasoline, kerosene, or
diesel fuel, including any spout, cap, and other closure mechanism and component of such receptacle or any retrofit or
aftermarket spout or component intended or reasonably anticipated to be for use with such receptacle, produced or distributed
for sale to or use by consumers for transport of, or refueling
of internal combustion engines with, gasoline, kerosene, or
diesel fuel’’.
(2) APPLICABILITY.—The amendment made by paragraph
(1) shall take effect 6 months after the date of enactment
of this Act.

Don’t Break Up
the T-Band Act
of 2020.
47 USC 609 note.

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SEC. 902. DON’T BREAK UP THE T-BAND.

(a) SHORT TITLE.—This section may be cited as the ‘‘Don’t
Break Up the T-Band Act of 2020’’.
(b) REPEAL OF REQUIREMENT TO REALLOCATE AND AUCTION
T-BAND SPECTRUM.—
(1) REPEAL.—Section 6103 of the Middle Class Tax Relief
and Job Creation Act of 2012 (47 U.S.C. 1413) is repealed.
(2) CLERICAL AMENDMENT.—The table of contents in section
1(b) of such Act is amended by striking the item relating
to section 6103.
(c) CLARIFYING ACCEPTABLE 9–1–1 OBLIGATIONS OR EXPENDITURES.—Section 6 of the Wireless Communications and Public
Safety Act of 1999 (47 U.S.C. 615a–1) is amended—
(1) in subsection (f)—
(A) in paragraph (1), by striking ‘‘as specified in the
provision of State or local law adopting the fee or charge’’
and inserting ‘‘consistent with the purposes and functions
designated in the final rules issued under paragraph (3)
as purposes and functions for which the obligation or
expenditure of such a fee or charge is acceptable’’;
(B) in paragraph (2), by striking ‘‘any purpose other
than the purpose for which any such fees or charges are
specified’’ and inserting ‘‘any purpose or function other
than the purposes and functions designated in the final
rules issued under paragraph (3) as purposes and functions
for which the obligation or expenditure of any such fees
or charges is acceptable’’; and
(C) by adding at the end the following:
‘‘(3) ACCEPTABLE OBLIGATIONS OR EXPENDITURES.—
‘‘(A) RULES REQUIRED.—In order to prevent diversion
of 9–1–1 fees or charges, the Commission shall, not later
than 180 days after the date of the enactment of this
paragraph, issue final rules designating purposes and functions for which the obligation or expenditure of 9–1–1 fees

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134 STAT. 3207

or charges, by any State or taxing jurisdiction authorized
to impose such a fee or charge, is acceptable.
‘‘(B) PURPOSES AND FUNCTIONS.—The purposes and
functions designated under subparagraph (A) shall be limited to the support and implementation of 9–1–1 services
provided by or in the State or taxing jurisdiction imposing
the fee or charge and operational expenses of public safety
answering points within such State or taxing jurisdiction.
In designating such purposes and functions, the Commission shall consider the purposes and functions that States
and taxing jurisdictions specify as the intended purposes
and functions for the 9–1–1 fees or charges of such States
and taxing jurisdictions, and determine whether such purposes and functions directly support providing 9–1–1 services.
‘‘(C) CONSULTATION REQUIRED.—The Commission shall
consult with public safety organizations and States and
taxing jurisdictions as part of any proceeding under this
paragraph.
‘‘(D) DEFINITIONS.—In this paragraph:
‘‘(i) 9–1–1 FEE OR CHARGE.—The term ‘9–1–1 fee
or charge’ means a fee or charge applicable to commercial mobile services or IP-enabled voice services specifically designated by a State or taxing jurisdiction for
the support or implementation of 9–1–1 services.
‘‘(ii) 9–1–1 SERVICES.—The term ‘9–1–1 services’
has the meaning given such term in section 158(e)
of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 942(e)).
‘‘(iii) STATE OR TAXING JURISDICTION.—The term
‘State or taxing jurisdiction’ means a State, political
subdivision thereof, Indian Tribe, or village or regional
corporation serving a region established pursuant to
the Alaska Native Claims Settlement Act (43 U.S.C.
1601 et seq.).
‘‘(4) PARTICIPATION.—If a State or taxing jurisdiction (as
defined in paragraph (3)(D)) receives a grant under section
158 of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 942) after the date
of the enactment of this paragraph, such State or taxing jurisdiction shall, as a condition of receiving such grant, provide
the information requested by the Commission to prepare the
report required by paragraph (2).
‘‘(5) PETITION REGARDING ADDITIONAL PURPOSES AND FUNCTIONS.—
‘‘(A) IN GENERAL.—A State or taxing jurisdiction (as
defined in paragraph (3)(D)) may submit to the Commission
a petition for a determination that an obligation or expenditure of a 9–1–1 fee or charge (as defined in such paragraph)
by such State or taxing jurisdiction for a purpose or function other than a purpose or function designated under
paragraph (3)(A) should be treated as such a purpose or
function. If the Commission finds that the State or taxing
jurisdiction has provided sufficient documentation to make
the demonstration described in subparagraph (B), the
Commission shall grant such petition.

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47 USC 615a–1
note.

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‘‘(B) DEMONSTRATION DESCRIBED.—The demonstration
described in this subparagraph is a demonstration that
the purpose or function—
‘‘(i) supports public safety answering point functions or operations; or
‘‘(ii) has a direct impact on the ability of a public
safety answering point to—
‘‘(I) receive or respond to 9–1–1 calls; or
‘‘(II) dispatch emergency responders.’’; and
(2) by adding at the end the following:
‘‘(j) SEVERABILITY CLAUSE.—If any provision of this section or
the application thereof to any person or circumstance is held invalid,
the remainder of this section and the application of such provision
to other persons or circumstances shall not be affected thereby.’’.
(d) PROHIBITION ON 9–1–1 FEE OR CHARGE DIVERSION.—
(1) IN GENERAL.—If the Commission obtains evidence that
suggests the diversion by a State or taxing jurisdiction of 9–
1–1 fees or charges, the Commission shall submit such information, including any information regarding the impact of any
underfunding of 9–1–1 services in the State or taxing jurisdiction, to the interagency strike force established under paragraph (3).
(2) REPORT TO CONGRESS.—Beginning with the first report
under section 6(f)(2) of the Wireless Communications and Public
Safety Act of 1999 (47 U.S.C. 615a–1(f)(2)) that is required
to be submitted after the date that is 1 year after the date
of the enactment of this Act, the Commission shall include
in each report required under such section all evidence that
suggests the diversion by a State or taxing jurisdiction of 9–
1–1 fees or charges, including any information regarding the
impact of any underfunding of 9–1–1 services in the State
or taxing jurisdiction.
(3) INTERAGENCY STRIKE FORCE TO END 9–1–1 FEE OR
CHARGE DIVERSION.—
(A) ESTABLISHMENT.—Not later than 180 days after
the date of the enactment of this Act, the Commission
shall establish an interagency strike force to study how
the Federal Government can most expeditiously end diversion by a State or taxing jurisdiction of 9–1–1 fees or
charges. Such interagency strike force shall be known as
the ‘‘Ending 9–1–1 Fee Diversion Now Strike Force’’ (in
this subsection referred to as the ‘‘Strike Force’’).
(B) DUTIES.—In carrying out the study under subparagraph (A), the Strike Force shall—
(i) determine the effectiveness of any Federal laws,
including regulations, policies, and practices, or budgetary or jurisdictional constraints regarding how the
Federal Government can most expeditiously end diversion by a State or taxing jurisdiction of 9–1–1 fees
or charges;
(ii) consider whether criminal penalties would further prevent diversion by a State or taxing jurisdiction
of 9–1–1 fees or charges; and
(iii) determine the impacts of diversion by a State
or taxing jurisdiction of 9–1–1 fees or charges.

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134 STAT. 3209

(C) MEMBERS.—The Strike Force shall be composed
of such representatives of Federal departments and agencies as the Commission considers appropriate, in addition
to—
(i) State attorneys general;
(ii) States or taxing jurisdictions found not to be
engaging in diversion of 9–1–1 fees or charges;
(iii) States or taxing jurisdictions trying to stop
the diversion of 9–1–1 fees or charges;
(iv) State 9–1–1 administrators;
(v) public safety organizations;
(vi) groups representing the public and consumers;
and
(vii) groups representing public safety answering
point professionals.
(D) REPORT TO CONGRESS.—Not later than 270 days
after the date of the enactment of this Act, the Strike
Force shall publish on the website of the Commission and
submit to the Committee on Energy and Commerce of
the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report
on the findings of the study under this paragraph,
including—
(i) any recommendations regarding how to most
expeditiously end the diversion by a State or taxing
jurisdiction of 9–1–1 fees or charges, including actions
that can be taken by Federal departments and agencies
and appropriate changes to law or regulations; and
(ii) a description of what progress, if any, relevant
Federal departments and agencies have made in implementing the recommendations under clause (i).
(4) FAILURE TO COMPLY.—Notwithstanding any other provision of law, any State or taxing jurisdiction identified by the
Commission in the report required under section 6(f)(2) of the
Wireless Communications and Public Safety Act of 1999 (47
U.S.C. 615a–1(f)(2)) as engaging in diversion of 9–1–1 fees
or charges shall be ineligible to participate or send a representative to serve on any committee, panel, or council established
under section 6205(a) of the Middle Class Tax Relief and Job
Creation Act of 2012 (47 U.S.C. 1425(a)) or any advisory committee established by the Commission.
(e) RULE OF CONSTRUCTION.—Nothing in this Act, the Wireless
Communications and Public Safety Act of 1999 (Public Law 106–
81), or the Communications Act of 1934 (47 U.S.C. 151 et seq.)
shall be construed to prevent a State or taxing jurisdiction from
requiring an annual audit of the books and records of a provider
of 9–1–1 services concerning the collection and remittance of a
9–1–1 fee or charge.
(f) DEFINITIONS.—In this Act:
(1) 9–1–1 FEE OR CHARGE.—The term ‘‘9–1–1 fee or charge’’
has the meaning given such term in subparagraph (D) of paragraph (3) of section 6(f) of the Wireless Communications and
Public Safety Act of 1999, as added by this Act.
(2) 9–1–1 SERVICES.—The term ‘‘9–1–1 services’’ has the
meaning given such term in section 158(e) of the National
Telecommunications and Information Administration Organization Act (47 U.S.C. 942(e)).

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Recommendations.

47 USC 615a–1
note.

47 USC 615a–1
note.

PUBL260B

134 STAT. 3210

PUBLIC LAW 116–260—DEC. 27, 2020
(3) COMMISSION.—The term ‘‘Commission’’ means the Federal Communications Commission.
(4) DIVERSION.—The term ‘‘diversion’’ means, with respect
to a 9–1–1 fee or charge, the obligation or expenditure of
such fee or charge for a purpose or function other than the
purposes and functions designated in the final rules issued
under paragraph (3) of section 6(f) of the Wireless Communications and Public Safety Act of 1999, as added by this Act,
as purposes and functions for which the obligation or expenditure of such a fee or charge is acceptable.
(5) STATE OR TAXING JURISDICTION.—The term ‘‘State or
taxing jurisdiction’’ has the meaning given such term in
subparagraph (D) of paragraph (3) of section 6(f) of the Wireless
Communications and Public Safety Act of 1999, as added by
this Act.

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Advancing
Critical
Connectivity
Expands Service,
Small Business
Resources,
Opportunities,
Access, and Data
Based on
Assessed Need
and Demand Act.
47 USC 1307.
Deadline.

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SEC. 903. OFFICE OF INTERNET CONNECTIVITY AND GROWTH.

(a) SHORT TITLE.—This section may be cited as the ‘‘Advancing
Critical Connectivity Expands Service, Small Business Resources,
Opportunities, Access, and Data Based on Assessed Need and
Demand Act’’ or the ‘‘ACCESS BROADBAND Act’’.
(b) ESTABLISHMENT.—Not later than 180 days after the date
of the enactment of this Act, the Assistant Secretary shall establish
the Office of Internet Connectivity and Growth within the National
Telecommunications and Information Administration.
(c) DUTIES.—
(1) OUTREACH.—The Office shall—
(A) connect with communities that need access to highspeed internet and improved digital inclusion efforts
through various forms of outreach and communication techniques;
(B) hold regional workshops across the country to share
best practices and effective strategies for promoting
broadband access and adoption;
(C) develop targeted broadband training and presentations for various demographic communities through various media;
(D) develop and distribute publications (including toolkits, primers, manuals, and white papers) providing guidance, strategies, and insights to communities as the
communities develop strategies to expand broadband access
and adoption; and
(E) as applicable in carrying out subparagraphs (A)
through (D), coordinate with State agencies that provide
similar broadband investments, outreach, and coordination
through Federal programs.
(2) TRACKING OF FEDERAL DOLLARS.—
(A) BROADBAND INFRASTRUCTURE.—The Office shall
track the construction and use of and access to any
broadband infrastructure built using any Federal support
in a central database.
(B) ACCOUNTING MECHANISM.—The Office shall develop
a streamlined accounting mechanism by which any agency
offering a Federal broadband support program and the
Commission for any Universal Service Fund Program shall
provide the information described in subparagraph (A) in
a standardized and efficient fashion.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 3211

(C) REPORT.—Not later than 1 year after the date
of the enactment of this Act, and every year thereafter,
the Office shall make public on the website of the Office
and submit to the Committee on Energy and Commerce
of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a
report on the following:
(i) A description of the work of the Office for the
previous year and the number of residents of the
United States that received broadband as result of
Federal broadband support programs and the Universal Service Fund Programs.
(ii) A description of how many residents of the
United States were provided broadband by which universal service mechanism or which Federal broadband
support program.
(iii) An estimate of the economic impact of such
broadband deployment efforts on local economies,
including any effect on small businesses or jobs.
(d) RELATION TO CURRENT BROADBAND ACTIVITIES OF NTIA.—
The Assistant Secretary shall assign to the Office all activities
performed by the National Telecommunications and Information
Administration as of the date of the enactment of this Act that
are similar to the activities required to be conducted by the Office
under this Act.
(e) STREAMLINED APPLICATIONS FOR SUPPORT.—
(1) AGENCY CONSULTATION.—The Office shall consult with
any agency offering a Federal broadband support program to
streamline and standardize the applications process for financial assistance or grants for such program.
(2) AGENCY STREAMLINING.—Any agency offering a Federal
broadband support program shall amend the applications of
the agency for broadband support, to the extent practicable
and as necessary, to streamline and standardize applications
for Federal broadband support programs across the Government.
(3) SINGLE APPLICATION.—To the greatest extent practicable, the Office shall seek to create one application that
may be submitted to apply for all, or substantially all, Federal
broadband support programs.
(4) WEBSITE REQUIRED.—Not later than 180 days after
the date of the enactment of this Act, the Office shall create
a central website through which potential applicants can learn
about and apply for support through any Federal broadband
support program.
(f) COORDINATION OF SUPPORT.—
(1) IN GENERAL.—To ensure that Federal support for
broadband deployment is being distributed in an efficient, technology-neutral, and financially sustainable manner, and that
a program does not duplicate any other Federal broadband
support program or any Universal Service Fund high-cost program—
(A) any agency that offers a Federal broadband support
program shall coordinate with the Office consistent with
the goals described in paragraph (2); and
(B) the Office, with respect to Federal broadband support programs, and the Commission, with respect to the

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Public
information.
Web posting.

Estimate.

Assignment.

Consultation.

Deadline.

PUBL260B

134 STAT. 3212

Universal Service Fund high-cost programs, shall coordinate with each other consistent with the goals described
in paragraph (2).
(2) GOALS.—The goals of any coordination conducted pursuant to this subsection are the following:
(A) Serving the largest number of unserved locations
in the United States and ensuring all residents of the
United States have access to high-speed broadband.
(B) Promoting the most job and economic growth for
all residents of the United States.
(3) BROADBAND AVAILABILITY MAPS.—The Office and the
Commission shall consult the broadband availability maps produced by the Commission when coordinating under paragraph
(1).
(g) DEFINITIONS.—In this Act:
(1) AGENCY.—The term ‘‘agency’’ has the meaning given
that term in section 551 of title 5, United States Code.
(2) ASSISTANT SECRETARY.—The term ‘‘Assistant Secretary’’
means the Assistant Secretary of Commerce for Communications and Information.
(3) COMMISSION.—The term ‘‘Commission’’ means the Federal Communications Commission.
(4) FEDERAL BROADBAND SUPPORT PROGRAM.—The term
‘‘Federal broadband support program’’ does not include any
Universal Service Fund Program and means any of the following programs (or any other similar Federal program) to
the extent the program offers broadband internet service, support for broadband deployment, or programs for promoting
broadband access and adoption for various demographic communities through various media for residential, commercial,
community providers, or academic establishments:
(A) The Telecommunications and Technology Program
of the Appalachian Regional Commission.
(B) The Telecommunications Infrastructure Loan and
Loan Guarantee Program established under the Rural Electrification Act of 1936, the rural broadband access program
established under title VI of that Act (7 U.S.C. 950bb
et seq.), the initiative under section 306F of that Act (7
U.S.C. 936f), the Community Connect Grant Program
established under section 604 of that Act (7 U.S.C. 950bb–
3), the broadband loan and grant pilot program authorized
under section 779 of division A of the Consolidated Appropriations Act, 2018 (Public Law 115–141; 132 Stat. 399)
(commonly known as the ‘‘Rural eConnectivity Pilot Program’’ or the ‘‘ReConnect Program’’), and the Distance
Learning and Telemedicine Program under chapter 1 of
subtitle D of title XXIII of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 950aaa et seq.).
(C) Community facility direct and guaranteed loans
under section 306(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926(a)), community facility
grants under paragraph (19), (20), or (21) of section 306(a)
of the Consolidated Farm and Rural Development Act (7
U.S.C. 1926(a)), and the Rural Community Development
Initiative authorized under the heading ‘‘Rural Housing
Service—Rural Community Facilities Program Account’’
under title III of division B of the Further Consolidated

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 3213

Appropriations Act, 2020 (Public Law 116–94; 133 Stat.
2629).
(D) The Public Works and Economic Adjustment Assistance Programs and the Planning and Local Technical
Assistance Programs of the Economic Development
Administration of the Department of Commerce.
(E) The Community Development Block Grants and
Section 108 Loan Guarantees Programs, the Funds for
Public Housing Authorities: Capital Fund and Operating
Fund, the Multifamily Housing Programs, the Indian
Community Development Block Grant Program, the Indian
Housing Block Grant Program, the Title VI Loan Guarantee Program, the Choice Neighborhoods Program, the
HOME Investment Partnerships Program, the Housing
Trust Fund, and the Housing Opportunities for Persons
with AIDS Program of the Department of Housing and
Urban Development.
(F) The American Job Centers of the Employment and
Training Administration of the Department of Labor.
(G) The Library Services and Technology Grant Programs of the Institute of Museum and Library Services.
(5) OFFICE.—The term ‘‘Office’’ means the Office of Internet
Connectivity and Growth established pursuant to subsection
(b).
(6) UNIVERSAL SERVICE FUND HIGH-COST PROGRAMS.—The
term ‘‘Universal Service Fund high-cost programs’’ means—
(A) the program for Universal Service Support for
High-Cost Areas set forth under subpart D of part 54
of title 47, Code of Federal Regulations, or any successor
thereto;
(B) the Rural Digital Opportunity Fund set forth under
subpart J of part 54 of title 47, Code of Federal Regulations,
or any successor thereto;
(C) the Interstate Common Line Support Mechanism
for Rate-of-Return Carriers set forth under subpart K of
part 54 of title 47, Code of Federal Regulations, or any
successor thereto;
(D) the Mobility Fund and 5G Fund set forth under
subpart L of part 54 of title 47, Code of Federal Regulations,
or any successor thereto; and
(E) the High Cost Loop Support for Rate-of-Return
Carriers program set forth under subpart M of part 54
of title 47, Code of Federal Regulations, or any successor
thereto.
(7) UNIVERSAL SERVICE FUND PROGRAM.—The term ‘‘Universal Service Fund Program’’ means any program authorized
under section 254 of the Communications Act of 1934 (47 U.S.C.
254) to help deploy broadband.
(8) UNIVERSAL SERVICE MECHANISM.—The term ‘‘universal
service mechanism’’ means any funding stream provided by
a Universal Service Fund Program to support broadband access.
(h) RULE OF CONSTRUCTION.—Nothing in this Act is intended
to alter or amend any provision of section 254 of the Communications Act of 1934 (47 U.S.C. 254).

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134 STAT. 3214
Broadband
Interagency
Coordination Act
of 2020.
Contracts.
47 USC 1308.

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Deadline.

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PUBLIC LAW 116–260—DEC. 27, 2020

SEC. 904. INTERAGENCY AGREEMENT.

(a) SHORT TITLE.—This section may be cited as the ‘‘Broadband
Interagency Coordination Act of 2020’’.
(b) INTERAGENCY AGREEMENT.—
(1) DEFINITIONS.—In this Act—
(A) the term ‘‘covered agency’’ means—
(i) the Federal Communications Commission;
(ii) the Department of Agriculture; and
(iii) the National Telecommunications and
Information Administration; and
(B) the term ‘‘high-cost programs’’ means—
(i) the program for Universal Service Support for
High-Cost Areas set forth under subpart D of part
54 of title 47, Code of Federal Regulations, or any
successor thereto;
(ii) the Rural Digital Opportunity Fund set forth
under subpart J of part 54 of title 47, Code of Federal
Regulations, or any successor thereto;
(iii) the Interstate Common Line Support Mechanism for Rate-of-Return Carriers set forth under subpart K of part 54 of title 47, Code of Federal Regulations, or any successor thereto;
(iv) the Mobility Fund and 5G Fund set forth under
subpart L of part 54 of title 47, Code of Federal Regulations, or any successor thereto; and
(v) the High Cost Loop Support for Rate-of-Return
Carriers program set forth under subpart M of part
54 of title 47, Code of Federal Regulations, or any
successor thereto.
(2) INTERAGENCY AGREEMENT.—Not later than 180 days
after the date of enactment of this Act, the heads of the covered
agencies shall enter into an interagency agreement requiring
coordination between the covered agencies for the distribution
of funds for broadband deployment under—
(A) the high-cost programs;
(B) the programs administered by the Rural Utilities
Service of the Department of Agriculture and the Department of Agriculture; and
(C) the programs administered by or coordinated
through the National Telecommunications and Information
Administration.
(3) REQUIREMENTS.—In entering into an interagency agreement with respect to the programs described in paragraph
(2), the heads of the covered agencies shall—
(A) require that the covered agencies share information
with each other about existing or planned projects that
have received or will receive funds under the programs
described in paragraph (2) for new broadband deployment;
(B) provide that—
(i) subject to clause (ii), upon request from another
covered agency with authority to award or authorize
any funds for new broadband deployment in a project
area, a covered agency shall provide the other covered
agency with any information the covered agency possesses regarding, with respect to the project area—
(I) each entity that provides broadband service
in the area;

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 3215

(II) levels of broadband service provided in
the area, including the speed of broadband service
and the technology provided;
(III) the geographic scope of broadband service
coverage in the area; and
(IV) each entity that has received or will
receive funds under the programs described in
paragraph (2) to provide broadband service in the
area; and
(ii) if a covered agency designates any information
provided to another covered agency under clause (i)
as confidential, the other covered agency shall protect
the confidentiality of that information;
(C) consider basing the distribution of funds for
broadband deployment under the programs described in
paragraph (2) on standardized data regarding broadband
coverage; and
(D) provide that the interagency agreement shall be
updated periodically, except that the scope of the agreement
with respect to the Federal Communications Commission
may not expand beyond the high-cost programs.
(4) ASSESSMENT OF AGREEMENT.—
(A) PUBLIC COMMENT.—Not later than 1 year after
entering into the interagency agreement required under
paragraph (2), the Federal Communications Commission
shall seek public comment on—
(i) the effectiveness of the interagency agreement
in facilitating efficient use of funds for broadband
deployment;
(ii) the availability of Tribal, State, and local data
regarding broadband deployment and the inclusion of
that data in interagency coordination; and
(iii) modifications to the interagency agreement
that would improve the efficacy of interagency
coordination.
(B) ASSESSMENT; REPORT.—Not later than 18 months
after the date of enactment of this Act, the Federal Communications Commission shall—
(i) review and assess the comments received under
subparagraph (A); and
(ii) submit to the Committee on Commerce,
Science, and Transportation of the Senate and the
Committee on Energy and Commerce of the House
of Representatives a report detailing any findings and
recommendations from the assessment conducted
under clause (i).

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SEC. 905. REALLOCATION AND AUCTION OF 3450–3550 MHZ SPECTRUM
BAND.

(a) SHORT TITLE.—This section may be cited as the ‘‘Beat China
by Harnessing Important, National Airwaves for 5G Act of 2020’’
or the ‘‘Beat CHINA for 5G Act of 2020’’.
(b) DEFINITIONS.—In this Act—
(1) the term ‘‘Commission’’ means the Federal Communications Commission; and

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Deadline.

Review.

Beat China by
Harnessing
Important,
National
Airwaves for 5G
Act of 2020.
47 USC 921 note.

PUBL260B

134 STAT. 3216

PUBLIC LAW 116–260—DEC. 27, 2020

(2) the term ‘‘covered band’’ means the band of electromagnetic spectrum between the frequencies of 3450 megahertz
and 3550 megahertz, inclusive.
(c) WITHDRAWAL OR MODIFICATION OF FEDERAL GOVERNMENT
ASSIGNMENTS.—The President, acting through the Assistant Secretary of Commerce for Communications and Information, shall—
(1) not later than 180 days after the date of enactment
of this Act, in coordination with relevant Federal users, begin
the process of withdrawing or modifying the assignments to
Federal Government stations of the covered band as necessary
for the Commission to comply with subsection (d); and
(2) not later than 30 days after completing any necessary
withdrawal or modification under paragraph (1), notify the
Commission that the withdrawal or modification is complete.
(d) REALLOCATION AND AUCTION.—
(1) IN GENERAL.—The Commission shall—
(A) revise the non-Federal allocation for the covered
band to permit flexible-use services; and
(B) notwithstanding paragraph (15)(A) of section 309(j)
of the Communications Act of 1934 (47 U.S.C. 309(j)), not
later than December 31, 2021, begin a system of competitive bidding under that section to grant new initial licenses
for the use of a portion or all of the covered band, subject
to flexible-use service rules.
(2) EXEMPTION FROM NOTIFICATION REQUIREMENT.—The
first sentence of section 113(g)(4)(A) of the National Telecommunications and Information Administration Organization
Act (47 U.S.C. 923(g)(4)(A)) shall not apply with respect to
the system of competitive bidding required under paragraph
(1)(B) of this subsection.
(3) PROCEEDS TO COVER 110 PERCENT OF FEDERAL RELOCATION OR SHARING COSTS.—Nothing in paragraph (1) shall be
construed to relieve the Commission from the requirements
of section 309(j)(16)(B) of the Communications Act of 1934
(47 U.S.C. 309(j)(16)(B)).

Deadlines.

Coordination.

TITLE X—BANKRUPTCY RELIEF
SEC. 1001. BANKRUPTCY RELIEF.

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11 USC 541 note.

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(a) PROPERTY OF THE ESTATE.—
(1) IN GENERAL.—Section 541(b) of title 11, United States
Code, is amended—
(A) in paragraph (9), in the matter following subparagraph (B), by striking ‘‘or’’;
(B) in paragraph (10)(C), by striking the period at
the end and inserting ‘‘; or’’; and
(C) by inserting after paragraph (10) the following:
‘‘(11) recovery rebates made under section 6428 of the
Internal Revenue Code of 1986.’’.
(2) SUNSET.—Effective on the date that is 1 year after
the date of enactment of this Act, section 541(b) of title 11,
United States Code, is amended—
(A) in paragraph (9), in the matter following subparagraph (B), by adding ‘‘or’’ at the end;
(B) in paragraph (10)(C), by striking ‘‘; or’’ and inserting
a period; and

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 3217

(C) by striking paragraph (11).
(b) DISCHARGE.—
(1) IN GENERAL.—Section 1328 of title 11, United States
Code, is amended by adding at the end the following:
‘‘(i) Subject to subsection (d), after notice and a hearing, the
court may grant a discharge of debts dischargeable under subsection
(a) to a debtor who has not completed payments to the trustee
or a creditor holding a security interest in the principal residence
of the debtor if—
‘‘(1) the debtor defaults on not more than 3 monthly payments due on a residential mortgage under section 1322(b)(5)
on or after March 13, 2020, to the trustee or creditor caused
by a material financial hardship due, directly or indirectly,
by the coronavirus disease 2019 (COVID–19) pandemic; or
‘‘(2)(A) the plan provides for the curing of a default and
maintenance of payments on a residential mortgage under section 1322(b)(5); and
‘‘(B) the debtor has entered into a forbearance agreement
or loan modification agreement with the holder or servicer
(as defined in section 6(i) of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2605(i)) of the mortgage described
in subparagraph (A).’’.
(2) SUNSET.—Effective on the date that is 1 year after
the date of enactment of this Act, section 1328 of title 11,
United States Code, is amended by striking subsection (i).
(c) PROTECTION AGAINST DISCRIMINATORY TREATMENT.—
(1) IN GENERAL.—Section 525 of title 11, United States
Code, is amended by adding at the end the following:
‘‘(d) A person may not be denied relief under sections 4022
through 4024 of the CARES Act (15 U.S.C. 9056, 9057, 9058)
because the person is or has been a debtor under this title.’’.
(2) SUNSET.—Effective on the date that is 1 year after
the date of enactment of this Act, section 525 of title 11,
United States Code, is amended by striking subsection (d).
(d) CARES FORBEARANCE CLAIMS.—
(1) FILING OF PROOFS OF CLAIMS OR INTERESTS.—Section
501 of title 11, United States Code, is amended by adding
at the end the following:
‘‘(f)(1) In this subsection—
‘‘(A) the term ‘CARES forbearance claim’ means a supplemental claim for the amount of a Federally backed mortgage
loan or a Federally backed multifamily mortgage loan that
was not received by an eligible creditor during the forbearance
period of a loan granted forbearance under section 4022 or
4023 of the CARES Act (15 U.S.C. 9056, 9057);
‘‘(B) the term ‘eligible creditor’ means a servicer (as defined
in section 6(i) of the Real Estate Settlement Procedures Act
of 1974 (12 U.S.C. 2605(i)) with a claim for a Federally backed
mortgage loan or a Federally backed multifamily mortgage
loan of the debtor that is provided for by a plan under section
1322(b)(5);
‘‘(C) the term ‘Federally backed mortgage loan’ has the
meaning given the term in section 4022(a) of the CARES Act
(15 U.S.C. 9056(a)); and
‘‘(D) the term ‘Federally backed multifamily mortgage loan’
has the meaning given the term in section 4023(f) of the CARES
Act (15 U.S.C. 9057(f)).

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11 USC 1328
note.

11 USC 525 note.

Definitions.

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Time periods.

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11 USC 501 note.

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‘‘(2)(A) Only an eligible creditor may file a supplemental proof
of claim for a CARES forbearance claim.
‘‘(B) If an underlying mortgage loan obligation has been modified or deferred by an agreement of the debtor and an eligible
creditor of the mortgage loan in connection with a mortgage forbearance granted under section 4022 or 4023 of the CARES Act (15
U.S.C. 9056, 9057) in order to cure mortgage payments forborne
under the forbearance, the proof of claim filed under subparagraph
(A) shall include—
‘‘(i) the relevant terms of the modification or deferral;
‘‘(ii) for a modification or deferral that is in writing, a
copy of the modification or deferral; and
‘‘(iii) a description of the payments to be deferred until
the date on which the mortgage loan matures.’’.
(2) ALLOWANCE OF CLAIMS OR INTERESTS.—Section 502(b)(9)
of title 11, United States Code, is amended to read as follows:
‘‘(9) proof of such claim is not timely filed, except to the
extent tardily filed as permitted under paragraph (1), (2), or
(3) of section 726(a) or under the Federal Rules of Bankruptcy
Procedure, except that—
‘‘(A) a claim of a governmental unit shall be timely
filed if it is filed before 180 days after the date of the
order for relief or such later time as the Federal Rules
of Bankruptcy Procedure may provide;
‘‘(B) in a case under chapter 13, a claim of a governmental unit for a tax with respect to a return filed under
section 1308 shall be timely if the claim is filed on or
before the date that is 60 days after the date on which
such return was filed as required; and
‘‘(C) a CARES forbearance claim (as defined in section
501(f)(1)) shall be timely filed if the claim is filed before
the date that is 120 days after the expiration of the forbearance period of a loan granted forbearance under section
4022 or 4023 of the CARES Act (15 U.S.C. 9056, 9057).’’.
(3) SUNSET.—Effective on the date that is 1 year after
the date of enactment of this Act—
(A) section 501 of title 11, United States Code, is
amended by striking subsection (f); and
(B) section 502(b)(9) of title 11, United States Code,
is amended—
(i) in subparagraph (A), by adding ‘‘and’’ at the
end;
(ii) in subparagraph (B), by striking ‘‘; and’’ and
inserting a period; and
(iii) by striking subparagraph (C).
(e) MODIFICATION OF PLAN AFTER CONFIRMATION.—
(1) IN GENERAL.—Section 1329 of title 11, United States
Code, is amended by adding at the end the following:
‘‘(e)(1) A debtor of a case for which a creditor files a proof
of claim under section 501(f) may file a request for a modification
of the plan to provide for the proof of claim.
‘‘(2) If the debtor does not file a request for a modification
of the plan under paragraph (1) on or before the date that is
30 days after the date on which a creditor files a claim under
section 501(f), after notice, the court, on a motion of the court

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 3219

or on a motion of the United States trustee, the trustee, a bankruptcy administrator, or any party in interest, may request a modification of the plan to provide for the proof of claim.’’.
(2) SUNSET.—Effective on the date that is 1 year after
the date of enactment of this Act, section 1329 of title 11,
United States Code, is amended by striking subsection (e).
(f) EXECUTORY CONTRACTS AND UNEXPIRED LEASES.—
(1) IN GENERAL.—Section 365(d) of title 11, United States
Code, is amended—
(A) in paragraph (3)—
(i) by inserting ‘‘(A)’’ after ‘‘(3)’’;
(ii) by inserting ‘‘, except as provided in subparagraph (B)’’ after ‘‘such 60-day period’’; and
(iii) by adding at the end the following:
‘‘(B) In a case under subchapter V of chapter 11, the time
for performance of an obligation described in subparagraph (A)
arising under any unexpired lease of nonresidential real property
may be extended by the court if the debtor is experiencing or
has experienced a material financial hardship due, directly or
indirectly, to the coronavirus disease 2019 (COVID–19) pandemic
until the earlier of—
‘‘(i) the date that is 60 days after the date of the order
for relief, which may be extended by the court for an additional
period of 60 days if the court determines that the debtor is
continuing to experience a material financial hardship due,
directly or indirectly, to the coronavirus disease 2019 (COVID–
19) pandemic; or
‘‘(ii) the date on which the lease is assumed or rejected
under this section.
‘‘(C) An obligation described in subparagraph (A) for which
an extension is granted under subparagraph (B) shall be treated
as an administrative expense described in section 507(a)(2) for
the purpose of section 1191(e).’’; and
(B) in paragraph (4), by striking ‘‘120’’ each place it
appears and inserting ‘‘210’’.
(2) SUNSET.—
(A) IN GENERAL.—Effective on the date that is 2 years
after the date of enactment of this Act, section 365(d)
of title 11, United States Code, is amended—
(i) in paragraph (3)—
(I) by striking ‘‘(A)’’ after ‘‘(3)’’;
(II) by striking ‘‘, except as provided in
subparagraph (B)’’ after ‘‘such 60-day period’’; and
(III) by striking subparagraphs (B) and (C);
and
(ii) in paragraph (4), by striking ‘‘210’’ each place
it appears and inserting ‘‘120’’.
(B) SUBCHAPTER V CASES FILED BEFORE SUNSET.—Notwithstanding the amendments made by subparagraph (A),
the amendments made by paragraph (1) shall apply in
any case commenced under subchapter V of chapter 11
of title 11, United States Code, before the date that is
2 years after the date of enactment of this Act.
(g) PREFERENCES.—
(1) IN GENERAL.—Section 547 of title 11, United States
Code, is amended—

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note.

Time periods.

Determination.

11 USC 365 note.

11 USC 365 note.

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Definitions.

11 USC 547 note.

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(A) in subsection (b), in the matter preceding paragraph
(1), by striking ‘‘and (i)’’ and inserting ‘‘, (i), and (j)’’; and
(B) by adding at the end the following:
‘‘(j)(1) In this subsection:
‘‘(A) The term ‘covered payment of rental arrearages’ means
a payment of arrearages that—
‘‘(i) is made in connection with an agreement or
arrangement—
‘‘(I) between the debtor and a lessor to defer or
postpone the payment of rent and other periodic
charges under a lease of nonresidential real property;
and
‘‘(II) made or entered into on or after March 13,
2020;
‘‘(ii) does not exceed the amount of rental and other
periodic charges agreed to under the lease of nonresidential
real property described in clause (i)(I) before March 13,
2020; and
‘‘(iii) does not include fees, penalties, or interest in
an amount greater than the amount of fees, penalties,
or interest—
‘‘(I) scheduled to be paid under the lease of nonresidential real property described in clause (i)(I); or
‘‘(II) that the debtor would owe if the debtor had
made every payment due under the lease of nonresidential real property described in clause (i)(I) on time
and in full before March 13, 2020.
‘‘(B) The term ‘covered payment of supplier arrearages’
means a payment of arrearages that—
‘‘(i) is made in connection with an agreement or
arrangement—
‘‘(I) between the debtor and a supplier of goods
or services to defer or postpone the payment of amounts
due under an executory contract for goods or services;
and
‘‘(II) made or entered into on or after March 13,
2020;
‘‘(ii) does not exceed the amount due under the executory contract described in clause (i)(I) before March 13,
2020; and
‘‘(iii) does not include fees, penalties, or interest in
an amount greater than the amount of fees, penalties,
or interest—
‘‘(I) scheduled to be paid under the executory contract described in clause (i)(I); or
‘‘(II) that the debtor would owe if the debtor had
made every payment due under the executory contract
described in clause (i)(I) on time and in full before
March 13, 2020.
‘‘(2) The trustee may not avoid a transfer under this section
for—
‘‘(A) a covered payment of rental arrearages; or
‘‘(B) a covered payment of supplier arrearages.’’.
(2) SUNSET.—
(A) IN GENERAL.—Effective on the date that is 2 years
after the date of enactment of this Act, section 547 of
title 11, United States Code, is amended—

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134 STAT. 3221

(i) in subsection (b), in the matter preceding paragraph (1), by striking ‘‘, (i), and (j)’’ and inserting
‘‘and (i)’’; and
(ii) by striking subsection (j).
(B) CASES FILED BEFORE SUNSET.—Notwithstanding the
amendments made by subparagraph (A), the amendments
made by paragraph (1) shall apply in any case commenced
under title 11, United States Code, before the date that
is 2 years after the date of enactment of this Act.
(h) TERMINATION OF UTILITY SERVICES.—
(1) IN GENERAL.—Section 366 of title 11, United States
Code, is amended by adding at the end the following:
‘‘(d) Notwithstanding any other provision of this section, a
utility may not alter, refuse, or discontinue service to a debtor
who does not furnish adequate assurance of payment under this
section if the debtor—
‘‘(1) is an individual;
‘‘(2) makes a payment to the utility for any debt owed
to the utility for service provided during the 20-day period
beginning on the date of the order for relief; and
‘‘(3) after the date on which the 20-day period beginning
on the date of the order for relief ends, makes a payment
to the utility for services provided during the pendency of
case when such a payment becomes due.’’.
(2) SUNSET.—Effective on the date that is 1 year after
the date of enactment of this Act, section 366 of title 11,
United States Code, is amended by striking subsection (d).
(i) CUSTOMS DUTIES.—
(1) IN GENERAL.—Section 507(d) of title 11, United States
Code, is amended—
(A) by striking ‘‘, (a)(8)’’;
(B) by inserting ‘‘or subparagraphs (A) through (E)
and (G) of subsection (a)(8)’’ after ‘‘(a)(9)’’; and
(C) inserting ‘‘or subparagraph’’ after ‘‘such subsection’’.
(2) SUNSET.—Effective on the date that is 1 year after
the date of enactment of this Act, section 507(d) of title 11,
United States Code, is amended—
(A) by inserting ‘‘, (a)(8)’’ before ‘‘, or (a)(9)’’;
(B) by striking ‘‘or subparagraphs (A) through (E) and
(G) of subsection (a)(8)’’; and
(C) by striking ‘‘or subparagraph’’ after ‘‘such subsection’’.

11 USC 547 note.

11 USC 366 note.

11 USC 507 note.

TITLE XI—WESTERN WATER AND
INDIAN AFFAIRS

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SEC. 1101. AGING INFRASTRUCTURE ACCOUNT.

Section 9603 of the Omnibus Public Land Management Act
of 2009 (43 U.S.C. 510b) is amended by adding at the end the
following:
‘‘(d) AGING INFRASTRUCTURE ACCOUNT.—
‘‘(1) ESTABLISHMENT.—There is established in the general
fund of the Treasury a special account, to be known as the
‘Aging Infrastructure Account’ (referred to in this subsection
as the ‘Account’), to provide funds to, and provide for the

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Effective date.
Time period.

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Deadline.

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extended repayment of the funds by, a transferred works operating entity or project beneficiary responsible for repayment
of reimbursable costs for the conduct of extraordinary operation
and maintenance work at a project facility, which shall consist
of—
‘‘(A) any amounts that are specifically appropriated
to the Account under section 9605; and
‘‘(B) any amounts deposited in the Account under paragraph (3)(B).
‘‘(2) EXPENDITURES.—Subject to paragraphs (3) and (6),
the Secretary may expend amounts in the Account to fund
and provide for extended repayment of the funds for eligible
projects identified in a report submitted under paragraph (5)(B).
‘‘(3) REPAYMENT CONTRACT.—
‘‘(A) IN GENERAL.—The Secretary may not expend
amounts under paragraph (2) with respect to an eligible
project described in that paragraph unless the transferred
works operating entity or project beneficiary responsible
for repayment of reimbursable costs has entered into a
contract to repay the amounts under subsection (b)(2).
‘‘(B) DEPOSIT OF REPAID FUNDS.—Amounts repaid by
a transferred works operating entity or project beneficiary
responsible for repayment of reimbursable costs receiving
funds under a repayment contract entered into under this
subsection shall be deposited in the Account and shall
be available to the Secretary for expenditure, subject to
paragraph (6), in accordance with this subsection, and without further appropriation.
‘‘(4) APPLICATION FOR FUNDING.—
‘‘(A) IN GENERAL.—Beginning with fiscal year 2022,
not less than once per fiscal year, the Secretary shall
accept, during an application period established by the
Secretary, applications from transferred works operating
entities or project beneficiaries responsible for payment
of reimbursable costs for funds and extended repayment
for eligible projects.
‘‘(B) ELIGIBLE PROJECT.—A project eligible for funding
and extended repayment under this subsection is a project
that—
‘‘(i) qualifies as an extraordinary operation and
maintenance work under this section;
‘‘(ii) is for the major, non-recurring maintenance
of a mission-critical asset; and
‘‘(iii) is not eligible to be carried out or funded
under the repayment provisions of section 4(c) of the
Reclamation Safety of Dams Act of 1978 (43 U.S.C.
508(c)).
‘‘(C) GUIDELINES FOR APPLICATIONS.—Not later than
60 days after the date of enactment of this subsection,
the Secretary shall issue guidelines describing the information required to be provided in an application for funds
and extended repayment under this subsection that
require, at a minimum—
‘‘(i) a description of the project for which the funds
are requested;
‘‘(ii) the amount of funds requested;

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134 STAT. 3223

‘‘(iii) the repayment period requested by the transferred works operating entity or project beneficiary
responsible for repayment of reimbursable costs;
‘‘(iv) alternative non-Federal funding options that
have been evaluated;
‘‘(v) the financial justification for requesting an
extended repayment period; and
‘‘(vi) the financial records of the transferred works
operating entity or project beneficiary responsible for
repayment of reimbursable costs.
‘‘(D) REVIEW BY THE SECRETARY.—The Secretary shall
review each application submitted under subparagraph
(A)—
‘‘(i) to determine whether the project is eligible
for funds and an extended repayment period under
this subsection;
‘‘(ii) to determine if the project has been identified
by the Bureau of Reclamation as part of the major
rehabilitation and replacement of a project facility;
and
‘‘(iii) to conduct a financial analysis of—
‘‘(I) the project; and
‘‘(II) repayment capability of the transferred
works operating entity or project beneficiary
responsible for repayment of reimbursable costs.
‘‘(5) REPORT.—Not later than 90 days after the date on
which an application period closes under paragraph (4)(A), the
Secretary shall submit to the Committees on Energy and Natural Resources and Appropriations of the Senate and the
Committees on Natural Resources and Appropriations of the
House of Representatives a report that—
‘‘(A) describes the results of the Secretary’s review
of each application under paragraph (4)(D), including a
determination of whether the project is eligible;
‘‘(B) identifies each project eligible for funds and
extended repayment under this subsection;
‘‘(C) with respect to each eligible project identified
under subparagraph (B), includes—
‘‘(i) a description of—
‘‘(I) the eligible project;
‘‘(II) the anticipated cost and duration of the
eligible project;
‘‘(III) any remaining engineering or environmental compliance that is required before the
eligible project commences;
‘‘(IV) any recommendations the Secretary may
have concerning the plan or design of the project;
and
‘‘(V) any conditions the Secretary may require
for construction of the project;
‘‘(ii) an analysis of—
‘‘(I) the repayment period proposed in the
application; and
‘‘(II) if the Secretary recommends a minimum
necessary repayment period that is different than
the repayment period proposed in the application,

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Determinations.

Analysis.

Recommendations.

Recommendations.

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134 STAT. 3224

PUBLIC LAW 116–260—DEC. 27, 2020
the minimum necessary repayment period recommended by the Secretary; and
‘‘(iii) an analysis of alternative non-Federal funding
options;
‘‘(D) describes the allocation of funds from deposits
into the Account under paragraph (3)(B); and
‘‘(E) describes the balance of funds in the Account
as of the date of the report.
‘‘(6) ALTERNATIVE ALLOCATION.—
‘‘(A) IN GENERAL.—Appropriations Acts may provide
for alternate allocation of amounts reported pursuant to
paragraph (5)(D) that are made available under this subsection.
‘‘(B) ALLOCATION BY SECRETARY.—
‘‘(i) NO ALTERNATE ALLOCATIONS.—If Congress has
not enacted legislation establishing alternate allocations by the date on which the Act making full-year
appropriations for energy and water development and
related agencies for the applicable fiscal year is enacted
into law, amounts made available under paragraph
(1) shall be allocated by the Secretary.
‘‘(ii) INSUFFICIENT ALTERNATE ALLOCATIONS.—If
Congress enacts legislation establishing alternate
allocations for amounts made available under paragraph (1) that are less than the full amount appropriated under that paragraph, the difference between
the amount appropriated and the alternate allocation
shall be allocated by the Secretary.
‘‘(7) EFFECT OF SUBSECTION.—Nothing in this subsection
affects—
‘‘(A) any funding provided, or contracts entered into,
under subsection (a) before the date of enactment of this
subsection; or
‘‘(B) the use of funds otherwise made available to the
Secretary to carry out subsection (a).’’.

Analysis.

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SEC. 1102. NAVAJO-UTAH WATER RIGHTS SETTLEMENT.

(a) PURPOSES.—The purposes of this section are—
(1) to achieve a fair, equitable, and final settlement of
all claims to water rights in the State of Utah for—
(A) the Navajo Nation; and
(B) the United States, for the benefit of the Nation;
(2) to authorize, ratify, and confirm the agreement entered
into by the Nation and the State, to the extent that the agreement is consistent with this section;
(3) to authorize and direct the Secretary—
(A) to execute the agreement; and
(B) to take any actions necessary to carry out the
agreement in accordance with this section; and
(4) to authorize funds necessary for the implementation
of the agreement and this section.
(b) DEFINITIONS.—In this section:
(1) AGREEMENT.—The term ‘‘agreement’’ means—
(A) the document entitled ‘‘Navajo Utah Water Rights
Settlement Agreement’’ dated December 14, 2015, and the
exhibits attached thereto; and

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134 STAT. 3225

(B) any amendment or exhibit to the document or
exhibits referenced in subparagraph (A) to make the document or exhibits consistent with this section.
(2) ALLOTMENT.—The term ‘‘allotment’’ means a parcel of
land—
(A) granted out of the public domain that is—
(i) located within the exterior boundaries of the
Reservation; or
(ii) Bureau of Indian Affairs parcel number 792
634511 in San Juan County, Utah, consisting of 160
acres located in Township 41S, Range 20E, sections
11, 12, and 14, originally set aside by the United
States for the benefit of an individual identified in
the allotting document as a Navajo Indian; and
(B) held in trust by the United States—
(i) for the benefit of an individual, individuals,
or an Indian Tribe other than the Navajo Nation; or
(ii) in part for the benefit of the Navajo Nation
as of the enforceability date.
(3) ALLOTTEE.—The term ‘‘allottee’’ means an individual
or Indian Tribe with a beneficial interest in an allotment held
in trust by the United States.
(4) ENFORCEABILITY DATE.—The term ‘‘enforceability date’’
means the date on which the Secretary publishes in the Federal
Register the statement of findings described in subsection (g)(1).
(5) GENERAL STREAM ADJUDICATION.—The term ‘‘general
stream adjudication’’ means the adjudication pending, as of
the date of enactment of this Act, in the Seventh Judicial
District in and for Grand County, State of Utah, commonly
known as the ‘‘Southeastern Colorado River General Adjudication’’, Civil No. 810704477, conducted pursuant to State law.
(6) INJURY TO WATER RIGHTS.—The term ‘‘injury to water
rights’’ means an interference with, diminution of, or deprivation of water rights under Federal or State law, excluding
injuries to water quality.
(7) MEMBER.—The term ‘‘member’’ means any person who
is a duly enrolled member of the Navajo Nation.
(8) NAVAJO NATION OR NATION.—The term ‘‘Navajo Nation’’
or ‘‘Nation’’ means a body politic and federally recognized Indian
nation, as published on the list established under section 104(a)
of the Federally Recognized Indian Tribe List Act of 1994
(25 U.S.C. 5131(a)), also known variously as the ‘‘Navajo
Nation’’, the ‘‘Navajo Nation of Arizona, New Mexico, & Utah’’,
and the ‘‘Navajo Nation of Indians’’ and other similar names,
and includes all bands of Navajo Indians and chapters of the
Navajo Nation and all divisions, agencies, officers, and agents
thereof.
(9) NAVAJO WATER DEVELOPMENT PROJECTS.—The term
‘‘Navajo water development projects’’ means projects for
domestic municipal water supply, including distribution infrastructure, and agricultural water conservation, to be constructed, in whole or in part, using monies from the Navajo
Water Development Projects Account.
(10) NAVAJO WATER RIGHTS.—The term ‘‘Navajo water
rights’’ means the Nation’s water rights in Utah described
in the agreement and this section.

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134 STAT. 3226

PUBLIC LAW 116–260—DEC. 27, 2020
(11) OM&R.—The term ‘‘OM&R’’ means operation, maintenance, and replacement.
(12) PARTIES.—The term ‘‘parties’’ means the Navajo
Nation, the State, and the United States.
(13) RESERVATION.—The term ‘‘Reservation’’ means, for
purposes of the agreement and this section, the Reservation
of the Navajo Nation in Utah as in existence on the date
of enactment of this Act and depicted on the map attached
to the agreement as Exhibit A, including any parcel of land
granted out of the public domain and held in trust by the
United States entirely for the benefit of the Navajo Nation
as of the enforceability date.
(14) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior or a duly authorized representative
thereof.
(15) STATE.—The term ‘‘State’’ means the State of Utah
and all officers, agents, departments, and political subdivisions
thereof.
(16) UNITED STATES.—The term ‘‘United States’’ means the
United States of America and all departments, agencies,
bureaus, officers, and agents thereof.
(17) UNITED STATES ACTING IN ITS TRUST CAPACITY.—The
term ‘‘United States acting in its trust capacity’’ means the
United States acting for the benefit of the Navajo Nation or
for the benefit of allottees.
(c) RATIFICATION OF AGREEMENT.—
(1) APPROVAL BY CONGRESS.—Except to the extent that
any provision of the agreement conflicts with this section, Congress approves, ratifies, and confirms the agreement (including
any amendments to the agreement that are executed to make
the agreement consistent with this section).
(2) EXECUTION BY SECRETARY.—The Secretary is authorized
and directed to promptly execute the agreement to the extent
that the agreement does not conflict with this section,
including—
(A) any exhibits to the agreement requiring the signature of the Secretary; and
(B) any amendments to the agreement necessary to
make the agreement consistent with this section.
(3) ENVIRONMENTAL COMPLIANCE.—
(A) IN GENERAL.—In implementing the agreement and
this section, the Secretary shall comply with all applicable
provisions of—
(i) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.);
(ii) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.); and
(iii) all other applicable environmental laws and
regulations.
(B) EXECUTION OF THE AGREEMENT.—Execution of the
agreement by the Secretary as provided for in this section
shall not constitute a major Federal action under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.).
(d) NAVAJO WATER RIGHTS.—
(1) CONFIRMATION OF NAVAJO WATER RIGHTS.—

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 3227

(A) QUANTIFICATION.—The Navajo Nation shall have
the right to use water from water sources located within
Utah and adjacent to or encompassed within the boundaries
of the Reservation resulting in depletions not to exceed
81,500 acre-feet annually as described in the agreement
and as confirmed in the decree entered by the general
stream adjudication court.
(B) SATISFACTION OF ALLOTTEE RIGHTS.—Depletions
resulting from the use of water on an allotment shall
be accounted for as a depletion by the Navajo Nation for
purposes of depletion accounting under the agreement,
including recognition of—
(i) any water use existing on an allotment as of
the date of enactment of this Act and as subsequently
reflected in the hydrographic survey report referenced
in subsection (f)(2);
(ii) reasonable domestic and stock water uses put
into use on an allotment; and
(iii) any allotment water rights that may be
decreed in the general stream adjudication or other
appropriate forum.
(C) SATISFACTION OF ON-RESERVATION STATE LAWBASED WATER RIGHTS.—Depletions resulting from the use
of water on the Reservation pursuant to State law-based
water rights existing as of the date of enactment of this
Act shall be accounted for as depletions by the Navajo
Nation for purposes of depletion accounting under the
agreement.
(D) IN GENERAL.—The Navajo water rights are ratified,
confirmed, and declared to be valid.
(E) USE.—Any use of the Navajo water rights shall
be subject to the terms and conditions of the agreement
and this section.
(F) CONFLICT.—In the event of a conflict between the
agreement and this section, the provisions of this section
shall control.
(2) TRUST STATUS OF NAVAJO WATER RIGHTS.—The Navajo
water rights—
(A) shall be held in trust by the United States for
the use and benefit of the Nation in accordance with the
agreement and this section; and
(B) shall not be subject to forfeiture or abandonment.
(3) AUTHORITY OF THE NATION.—
(A) IN GENERAL.—The Nation shall have the authority
to allocate, distribute, and lease the Navajo water rights
for any use on the Reservation in accordance with the
agreement, this section, and applicable Tribal and Federal
law.
(B) OFF-RESERVATION USE.—The Nation may allocate,
distribute, and lease the Navajo water rights for off-Reservation use in accordance with the agreement, subject
to the approval of the Secretary.
(C) ALLOTTEE WATER RIGHTS.—The Nation shall not
object in the general stream adjudication or other
applicable forum to the quantification of reasonable
domestic and stock water uses on an allotment, and shall

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PUBLIC LAW 116–260—DEC. 27, 2020
administer any water use on the Reservation in accordance
with applicable Federal law, including recognition of—
(i) any water use existing on an allotment as of
the date of enactment of this Act and as subsequently
reflected in the hydrographic survey report referenced
in subsection (f)(2);
(ii) reasonable domestic and stock water uses on
an allotment; and
(iii) any allotment water rights decreed in the general stream adjudication or other appropriate forum.
(4) EFFECT.—Except as otherwise expressly provided in
this subsection, nothing in this section—
(A) authorizes any action by the Nation against the
United States under Federal, State, Tribal, or local law;
or
(B) alters or affects the status of any action brought
pursuant to section 1491(a) of title 28, United States Code.
(e) NAVAJO TRUST ACCOUNTS.—
(1) ESTABLISHMENT.—The Secretary shall establish a trust
fund, to be known as the ‘‘Navajo Utah Settlement Trust Fund’’
(referred to in this section as the ‘‘Trust Fund’’), to be managed,
invested, and distributed by the Secretary and to remain available until expended, consisting of the amounts deposited in
the Trust Fund under paragraph (3), together with any interest
earned on those amounts, for the purpose of carrying out this
section.
(2) ACCOUNTS.—The Secretary shall establish in the Trust
Fund the following Accounts (referred to in this subsection
as the ‘‘Trust Fund Accounts’’):
(A) The Navajo Water Development Projects Account.
(B) The Navajo OM&R Account.
(3) DEPOSITS.—The Secretary shall deposit in the Trust
Fund Accounts—
(A) in the Navajo Water Development Projects Account,
the amounts made available pursuant to subsection
(f)(1)(A); and
(B) in the Navajo OM&R Account, the amount made
available pursuant to subsection (f)(1)(B).
(4) MANAGEMENT AND INTEREST.—
(A) MANAGEMENT.—Upon receipt and deposit of the
funds into the Trust Fund Accounts, the Secretary shall
manage, invest, and distribute all amounts in the Trust
Fund in a manner that is consistent with the investment
authority of the Secretary under—
(i) the first section of the Act of June 24, 1938
(25 U.S.C. 162a);
(ii) the American Indian Trust Fund Management
Reform Act of 1994 (25 U.S.C. 4001 et seq.); and
(iii) this subsection.
(B) INVESTMENT EARNINGS.—In addition to the deposits
under paragraph (3), any investment earnings, including
interest, credited to amounts held in the Trust Fund are
authorized to be appropriated to be used in accordance
with the uses described in paragraph (8).
(5) AVAILABILITY OF AMOUNTS.—Amounts appropriated to,
and deposited in, the Trust Fund, including any investment
earnings, shall be made available to the Nation by the Secretary

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134 STAT. 3229

beginning on the enforceability date and subject to the uses
and restrictions set forth in this subsection.
(6) WITHDRAWALS.—
(A) WITHDRAWALS UNDER THE AMERICAN INDIAN TRUST
FUND MANAGEMENT REFORM ACT OF 1994.—The Nation may
withdraw any portion of the funds in the Trust Fund
on approval by the Secretary of a tribal management plan
submitted by the Nation in accordance with the American
Indian Trust Fund Management Reform Act of 1994 (25
U.S.C. 4001 et seq.).
(i) REQUIREMENTS.—In addition to the requirements under the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.),
the tribal management plan under this subparagraph
shall require that the Nation shall spend all amounts
withdrawn from the Trust Fund and any investment
earnings accrued through the investments under the
Tribal management plan in accordance with this section.
(ii) ENFORCEMENT.—The Secretary may carry out
such judicial and administrative actions as the Secretary determines to be necessary to enforce the Tribal
management plan to ensure that amounts withdrawn
by the Nation from the Trust Fund under this subparagraph are used in accordance with this section.
(B) WITHDRAWALS UNDER EXPENDITURE PLAN.—The
Nation may submit to the Secretary a request to withdraw
funds from the Trust Fund pursuant to an approved
expenditure plan.
(i) REQUIREMENTS.—To be eligible to withdraw
funds under an expenditure plan under this subparagraph, the Nation shall submit to the Secretary for
approval an expenditure plan for any portion of the
Trust Fund that the Nation elects to withdraw pursuant to this subparagraph, subject to the condition that
the funds shall be used for the purposes described
in this section.
(ii) INCLUSIONS.—An expenditure plan under this
subparagraph shall include a description of the manner
and purpose for which the amounts proposed to be
withdrawn from the Trust Fund will be used by the
Nation, in accordance with paragraphs (3) and (8).
(iii) APPROVAL.—On receipt of an expenditure plan
under this subparagraph, the Secretary shall approve
the plan, if the Secretary determines that the plan—
(I) is reasonable;
(II) is consistent with, and will be used for,
the purposes of this section; and
(III) contains a schedule which describes that
tasks will be completed within 18 months of receipt
of withdrawn amounts.
(iv) ENFORCEMENT.—The Secretary may carry out
such judicial and administrative actions as the Secretary determines to be necessary to enforce an
expenditure plan to ensure that amounts disbursed
under this subparagraph are used in accordance with
this section.

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PUBLIC LAW 116–260—DEC. 27, 2020
(7) EFFECT OF TITLE.—Nothing in this section gives the
Nation the right to judicial review of a determination of the
Secretary regarding whether to approve a Tribal management
plan or an expenditure plan except under subchapter II of
chapter 5, and chapter 7, of title 5, United States Code (commonly known as the ‘‘Administrative Procedure Act’’).
(8) USES.—Amounts from the Trust Fund shall be used
by the Nation for the following purposes:
(A) The Navajo Water Development Projects Account
shall be used to plan, design, and construct the Navajo
water development projects and for the conduct of related
activities, including to comply with Federal environmental
laws.
(B) The Navajo OM&R Account shall be used for the
operation, maintenance, and replacement of the Navajo
water development projects.
(9) LIABILITY.—The Secretary and the Secretary of the
Treasury shall not be liable for the expenditure or investment
of any amounts withdrawn from the Trust Fund by the Nation
under paragraph (6).
(10) NO PER CAPITA DISTRIBUTIONS.—No portion of the
Trust Fund shall be distributed on a per capita basis to any
member of the Nation.
(11) EXPENDITURE REPORTS.—The Navajo Nation shall
submit to the Secretary annually an expenditure report
describing accomplishments and amounts spent from use of
withdrawals under a Tribal management plan or an expenditure plan as described in this section.
(f) AUTHORIZATION OF APPROPRIATIONS.—
(1) AUTHORIZATION.—There are authorized to be appropriated to the Secretary—
(A) for deposit in the Navajo Water Development
Projects Account of the Trust Fund established under subsection (e)(2)(A), $198,300,000, which funds shall be
retained until expended, withdrawn, or reverted to the
general fund of the Treasury; and
(B) for deposit in the Navajo OM&R Account of the
Trust Fund established under subsection (e)(2)(B),
$11,100,000, which funds shall be retained until expended,
withdrawn, or reverted to the general fund of the Treasury.
(2) IMPLEMENTATION COSTS.—There is authorized to be
appropriated non-trust funds in the amount of $1,000,000 to
assist the United States with costs associated with the
implementation of this section, including the preparation of
a hydrographic survey of historic and existing water uses on
the Reservation and on allotments.
(3) STATE COST SHARE.—The State shall contribute
$8,000,000 payable to the Secretary for deposit into the Navajo
Water Development Projects Account of the Trust Fund established under subsection (e)(2)(A) in installments in each of
the 3 years following the execution of the agreement by the
Secretary as provided for in subsection (c)(2).
(4) FLUCTUATION IN COSTS.—The amount authorized to be
appropriated under paragraph (1) shall be increased or
decreased, as appropriate, by such amounts as may be justified
by reason of ordinary fluctuations in costs occurring after the

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134 STAT. 3231

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date of enactment of this Act as indicated by the Bureau
of Reclamation Construction Cost Index—Composite Trend.
(A) REPETITION.—The adjustment process under this
paragraph shall be repeated for each subsequent amount
appropriated until the amount authorized, as adjusted, has
been appropriated.
(B) PERIOD OF INDEXING.—The period of indexing
adjustment for any increment of funding shall end on the
date on which funds are deposited into the Trust Fund.
(g) CONDITIONS PRECEDENT.—
(1) IN GENERAL.—The waivers and releases contained in
subsection (h) shall become effective as of the date the Secretary
causes to be published in the Federal Register a statement
of findings that—
(A) to the extent that the agreement conflicts with
this section, the agreement has been revised to conform
with this section;
(B) the agreement, so revised, including waivers and
releases of claims set forth in subsection (h), has been
executed by the parties, including the United States;
(C) Congress has fully appropriated, or the Secretary
has provided from other authorized sources, all funds
authorized under subsection (f)(1);
(D) the State has enacted any necessary legislation
and provided the funding required under the agreement
and subsection (f)(3); and
(E) the court has entered a final or interlocutory decree
that—
(i) confirms the Navajo water rights consistent
with the agreement and this section; and
(ii) with respect to the Navajo water rights, is
final and nonappealable.
(2) EXPIRATION DATE.—If all the conditions precedent
described in paragraph (1) have not been fulfilled to allow
the Secretary’s statement of findings to be published in the
Federal Register by October 31, 2030—
(A) the agreement and this section, including waivers
and releases of claims described in those documents, shall
no longer be effective;
(B) any funds that have been appropriated pursuant
to subsection (f) but not expended, including any investment earnings on funds that have been appropriated pursuant to such subsection, shall immediately revert to the
general fund of the Treasury; and
(C) any funds contributed by the State pursuant to
subsection (f)(3) but not expended shall be returned immediately to the State.
(3) EXTENSION.—The expiration date set forth in paragraph
(2) may be extended if the Navajo Nation, the State, and
the United States (acting through the Secretary) agree that
an extension is reasonably necessary.
(h) WAIVERS AND RELEASES.—
(1) IN GENERAL.—
(A) WAIVER AND RELEASE OF CLAIMS BY THE NATION

Effective date.
Federal Register,
publication.

AND THE UNITED STATES ACTING IN ITS CAPACITY AS TRUSTEE
FOR THE NATION.—Subject to the retention of rights set

forth in paragraph (3), in return for confirmation of the

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134 STAT. 3232

PUBLIC LAW 116–260—DEC. 27, 2020
Navajo water rights and other benefits set forth in the
agreement and this section, the Nation, on behalf of itself
and the members of the Nation (other than members in
their capacity as allottees), and the United States, acting
as trustee for the Nation and members of the Nation (other
than members in their capacity as allottees), are authorized
and directed to execute a waiver and release of—
(i) all claims for water rights within Utah based
on any and all legal theories that the Navajo Nation
or the United States acting in its trust capacity for
the Nation, asserted, or could have asserted, at any
time in any proceeding, including to the general stream
adjudication, up to and including the enforceability
date, except to the extent that such rights are recognized in the agreement and this section; and
(ii) all claims for damages, losses, or injuries to
water rights or claims of interference with, diversion,
or taking of water rights (including claims for injury
to lands resulting from such damages, losses, injuries,
interference with, diversion, or taking of water rights)
within Utah against the State, or any person, entity,
corporation, or municipality, that accrued at any time
up to and including the enforceability date.
(2) CLAIMS BY THE NAVAJO NATION AGAINST THE UNITED
STATES.—The Navajo Nation, on behalf of itself (including in
its capacity as allottee) and its members (other than members
in their capacity as allottees), shall execute a waiver and release
of—
(A) all claims the Navajo Nation may have against
the United States relating in any manner to claims for
water rights in, or water of, Utah that the United States
acting in its trust capacity for the Nation asserted, or
could have asserted, in any proceeding, including the general stream adjudication;
(B) all claims the Navajo Nation may have against
the United States relating in any manner to damages,
losses, or injuries to water, water rights, land, or other
resources due to loss of water or water rights (including
damages, losses, or injuries to hunting, fishing, gathering,
or cultural rights due to loss of water or water rights;
claims relating to interference with, diversion, or taking
of water; or claims relating to failure to protect, acquire,
replace, or develop water or water rights) within Utah
that first accrued at any time up to and including the
enforceability date;
(C) all claims the Nation may have against the United
States relating in any manner to the litigation of claims
relating to the Nation’s water rights in proceedings in
Utah; and
(D) all claims the Nation may have against the United
States relating in any manner to the negotiation, execution,
or adoption of the agreement or this section.
(3) RESERVATION OF RIGHTS AND RETENTION OF CLAIMS
BY THE NAVAJO NATION AND THE UNITED STATES.—Notwithstanding the waivers and releases authorized in this section,
the Navajo Nation, and the United States acting in its trust
capacity for the Nation, retain—

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134 STAT. 3233

(A) all claims for injuries to and the enforcement of
the agreement and the final or interlocutory decree entered
in the general stream adjudication, through such legal
and equitable remedies as may be available in the decree
court or the Federal District Court for the District of Utah;
(B) all rights to use and protect water rights acquired
after the enforceability date;
(C) all claims relating to activities affecting the quality
of water, including any claims under the Comprehensive
Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9601 et seq.) (including claims for damages to natural resources), the Safe Drinking Water Act
(42 U.S.C. 300f et seq.), and the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.), the regulations implementing those Acts, and the common law;
(D) all claims for water rights, and claims for injury
to water rights, in States other than the State of Utah;
(E) all claims, including environmental claims, under
any laws (including regulations and common law) relating
to human health, safety, or the environment; and
(F) all rights, remedies, privileges, immunities, and
powers not specifically waived and released pursuant to
the agreement and this section.
(4) EFFECT.—Nothing in the agreement or this section—
(A) affects the ability of the United States acting in
its sovereign capacity to take actions authorized by law,
including any laws relating to health, safety, or the environment, including the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9601 et seq.), the Safe Drinking Water Act (42
U.S.C. 300f et seq.), the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.), the Solid Waste Disposal
Act (42 U.S.C. 6901 et seq.), and the regulations implementing those laws;
(B) affects the ability of the United States to take
actions in its capacity as trustee for any other Indian
Tribe or allottee;
(C) confers jurisdiction on any State court to—
(i) interpret Federal law regarding health, safety,
or the environment or determine the duties of the
United States or other parties pursuant to such Federal
law; and
(ii) conduct judicial review of Federal agency
action; or
(D) modifies, conflicts with, preempts, or otherwise
affects—
(i) the Boulder Canyon Project Act (43 U.S.C. 617
et seq.);
(ii) the Boulder Canyon Project Adjustment Act
(43 U.S.C. 618 et seq.);
(iii) the Act of April 11, 1956 (commonly known
as the ‘‘Colorado River Storage Project Act’’) (43 U.S.C.
620 et seq.);
(iv) the Colorado River Basin Project Act (43 U.S.C.
1501 et seq.);
(v) the Treaty between the United States of
America and Mexico respecting utilization of waters

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134 STAT. 3234

PUBLIC LAW 116–260—DEC. 27, 2020

of the Colorado and Tijuana Rivers and of the Rio
Grande, signed at Washington February 3, 1944 (59
Stat. 1219);
(vi) the Colorado River Compact of 1922, as
approved by the Presidential Proclamation of June 25,
1929 (46 Stat. 3000); and
(vii) the Upper Colorado River Basin Compact as
consented to by the Act of April 6, 1949 (63 Stat.
31, chapter 48).
(5) TOLLING OF CLAIMS.—
(A) IN GENERAL.—Each applicable period of limitation
and time-based equitable defense relating to a claim waived
by the Navajo Nation described in this subsection shall
be tolled for the period beginning on the date of enactment
of this Act and ending on the enforceability date.
(B) EFFECT OF PARAGRAPH.—Nothing in this paragraph
revives any claim or tolls any period of limitation or timebased equitable defense that expired before the date of
enactment of this Act.
(C) LIMITATION.—Nothing in this subsection precludes
the tolling of any period of limitations or any time-based
equitable defense under any other applicable law.
(i) MISCELLANEOUS PROVISIONS.—
(1) PRECEDENT.—Nothing in this section establishes any
standard for the quantification or litigation of Federal reserved
water rights or any other Indian water claims of any other
Indian Tribe in any other judicial or administrative proceeding.
(2) OTHER INDIAN TRIBES.—Nothing in the agreement or
this section shall be construed in any way to quantify or otherwise adversely affect the water rights, claims, or entitlements
to water of any Indian Tribe, band, or community, other than
the Navajo Nation.
(j) RELATION TO ALLOTTEES.—
(1) NO EFFECT ON CLAIMS OF ALLOTTEES.—Nothing in this
section or the agreement shall affect the rights or claims of
allottees, or the United States, acting in its capacity as trustee
for or on behalf of allottees, for water rights or damages related
to lands allotted by the United States to allottees, except as
provided in subsection (d)(1)(B).
(2) RELATIONSHIP OF DECREE TO ALLOTTEES.—Allottees, or
the United States, acting in its capacity as trustee for allottees,
are not bound by any decree entered in the general stream
adjudication confirming the Navajo water rights and shall not
be precluded from making claims to water rights in the general
stream adjudication. Allottees, or the United States, acting
in its capacity as trustee for allottees, may make claims and
such claims may be adjudicated as individual water rights
in the general stream adjudication.
(k) ANTIDEFICIENCY.—The United States shall not be liable
for any failure to carry out any obligation or activity authorized
by this section (including any obligation or activity under the agreement) if adequate appropriations are not provided expressly by
Congress to carry out the purposes of this section.

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SEC. 1103. AAMODT LITIGATION SETTLEMENT COMPLETION.

(a) DEFINITION OF 611(g) AGREEMENT.—Section 602 of the
Aamodt Litigation Settlement Act (Public Law 111–291; 124 Stat.
3134) is amended—
(1) by redesignating paragraphs (1) through (23) as paragraphs (2) through (24), respectively; and
(2) by inserting before paragraph (2) (as so redesignated)
the following:
‘‘(1) 611(g) AGREEMENT.—The term ‘611(g) Agreement’
means the agreement dated September 17, 2019, executed by
the United States, the State, the Pueblos, the County, and
the City pursuant to section 611(g).’’.
(b) FINAL PROJECT DESIGN.—Section 611(b) of the Aamodt
Litigation Settlement Act (Public Law 111–291; 124 Stat. 3137)
is amended, in the matter preceding paragraph (1), by striking
‘‘within 90 days of’’ and inserting ‘‘as soon as feasible after’’.
(c) CONSTRUCTION COSTS FOR PUEBLO WATER FACILITIES.—Section 611(f) of the Aamodt Litigation Settlement Act (Public Law
111–291; 124 Stat. 3138) is amended—
(1) in paragraph (1)—
(A) in subparagraph (A), by striking ‘‘ $106,400,000’’
and inserting ‘‘ $243,400,000’’; and
(B) by striking subparagraph (B) and inserting the
following:
‘‘(B) EXCEPTION.—Of the amount described in subparagraph (A)—
‘‘(i) the initial $106,400,000 shall be increased or
decreased, as appropriate, based on ordinary fluctuations in construction costs since October 1, 2006, as
determined using applicable engineering cost indices;
and
‘‘(ii) any amounts made available in excess of the
amount described in clause (i) shall be increased or
decreased, as appropriate, based on ordinary fluctuations in construction costs since October 1, 2018, as
determined using applicable engineering cost indices.’’;
and
(2) in paragraph (3), by inserting ‘‘and the 611(g) Agreement’’ after ‘‘the Cost-Sharing and System Integration Agreement’’.
(d) FUNDING FOR REGIONAL WATER SYSTEM.—Section
617(a)(1)(B) of the Aamodt Litigation Settlement Act (Public Law
111–291; 124 Stat. 3147) is amended—
(1) by striking the period at the end and inserting ‘‘; and’’;
(2) by striking ‘‘section 616 $50,000,000’’ and inserting the
following: ‘‘section 616—
‘‘(i) $50,000,000’’; and
(3) by adding at the end the following:
‘‘(ii) subject to the availability of appropriations
and in addition to the amounts made available under
clause (i), $137,000,000, as adjusted under paragraph
(4), for the period of fiscal years 2021 through 2028.’’.
(e) ADJUSTMENT.—Section 617(a)(4) of the Aamodt Litigation
Settlement Act (Public Law 111–291; 124 Stat. 3147) is amended
by striking ‘‘since October 1, 2006, as determined using applicable
engineering cost indices’’ and inserting ‘‘pursuant to section
611(f)(1)(B)’’.

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PUBLIC LAW 116–260—DEC. 27, 2020

(f) EXECUTION OF AGREEMENT UNDER SECTION 611(g).—Section
621 of the Aamodt Litigation Settlement Act (Public Law 111–
291; 124 Stat. 3149) is amended by striking subsections (a) and
(b) and inserting the following:
‘‘(a) APPROVAL.—To the extent the Settlement Agreement, the
Cost-Sharing and System Integration Agreement, and the 611(g)
Agreement do not conflict with this title, the Settlement Agreement,
the Cost-Sharing and System Integration Agreement, and the 611(g)
Agreement (including any amendments to the Settlement Agreement, the Cost-Sharing and System Integration Agreement, and
the 611(g) Agreement that are executed to make the Settlement
Agreement, the Cost-Sharing and System Integration Agreement,
or the 611(g) Agreement consistent with this title) are authorized,
ratified, and confirmed.
‘‘(b) EXECUTION.—To the extent the Settlement Agreement, the
Cost-Sharing and System Integration Agreement, and the 611(g)
Agreement do not conflict with this title, the Secretary shall execute
the Settlement Agreement, the Cost-Sharing and System Integration Agreement, and the 611(g) Agreement (including any amendments that are necessary to make the Settlement Agreement, the
Cost-Sharing and System Integration Agreement, or the 611(g)
Agreement consistent with this title).’’.
(g) REQUIREMENTS FOR DETERMINATION OF SUBSTANTIAL
COMPLETION OF THE REGIONAL WATER SYSTEM.—Section 623(e) of
the Aamodt Litigation Settlement Act (Public Law 111–291; 124
Stat. 3151) is amended—
(1) by striking paragraph (1) and inserting the following:
‘‘(1) CRITERIA FOR SUBSTANTIAL COMPLETION OF REGIONAL
WATER SYSTEM.—Subject to the provisions of section 611(d)
concerning the extent, size, and capacity of the County Distribution System, the Regional Water System shall be determined
to be substantially completed if—
‘‘(A) the infrastructure has been constructed capable
of—
‘‘(i) diverting, treating, transmitting, and distributing a supply of 2,500 acre-feet of water to the Pueblos
consistent with the Engineering Report (as amended
by the 611(g) Agreement and the Operating Agreement); and
‘‘(ii) diverting, treating, and transmitting the
quantity of water specified in the Engineering Report
to the County Distribution System and consistent with
the Engineering Report (as amended by the 611(g)
Agreement and the Operating Agreement); or
‘‘(B) the Secretary—
‘‘(i) issues a notice to proceed authorizing the
commencement of Phase I construction of the Regional
Water System by December 31, 2019, and subsequently
commences construction of the Regional Water System;
‘‘(ii) diligently proceeds to construct the Regional
Water System in accordance with the Engineering
Report (as amended by the 611(g) Agreement), on a
schedule for completion by June 30, 2028;
‘‘(iii) expends all of the available funding provided
to construct the Regional Water System under section
611(f)(1)(A), in the Cost-Sharing and System Integration Agreement, and in the 611(g) Agreement;

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‘‘(iv) complies with the terms of the 611(g) Agreement; and
‘‘(v) despite diligent efforts cannot complete
construction of the Regional Water System as described
in the final Engineering Report (as amended by the
611(g) Agreement), due solely to the lack of additional
authorized funding.’’;
(2) in paragraph (2)—
(A) by striking ‘‘2021’’ and inserting ‘‘2025’’; and
(B) by striking ‘‘2024’’ and inserting ‘‘2028’’;
(3) in paragraph (3), in the matter preceding subparagraph
(A), by striking ‘‘2021’’ and inserting ‘‘2025’’;
(4) in paragraph (4)(B)(ii)(II), by striking ‘‘2023’’ and
inserting ‘‘2027’’; and
(5) in paragraph (5)(A), by striking ‘‘2024’’ and inserting
‘‘2028’’.
SEC. 1104. KICKAPOO TRIBE.

(a) DEFINITION OF UPPER DELAWARE AND TRIBUTARIES WATERPLAN.—In this section, the term ‘‘Upper Delaware and Tributaries Watershed Plan’’ means the plan described in the document
entitled ‘‘Watershed Plan and Environmental Impact Statement
Upper Delaware and Tributaries Watershed Atchison, Brown, Jackson, and Nemaha Counties, Kansas’’, dated January 1994, and
supplemented in June 1994—
(1) developed, pursuant to the Watershed Protection and
Flood Prevention Act (16 U.S.C. 1001 et seq.)—
(A) by the Kickapoo Tribe, certain watershed and conservation districts in the State of Kansas, and the Department of Wildlife and Parks of the State of Kansas; and
(B) with the cooperation and technical assistance of
the Natural Resources Conservation Service; and
(2) described in the report of the Committee on Environment and Public Works of the Senate (Senate Report 105–
13; April 22, 1997).
(b) STUDY; RECOMMENDATIONS.—To support the purposes of
achieving a fair, equitable, and final settlement of claims to water
rights for the Kickapoo Tribe in the State of Kansas, the Secretary
of Agriculture (acting through the Chief of the Natural Resources
Conservation Service), in consultation with the Secretary of the
Interior (acting through the Director of the Secretary’s Indian Water
Rights Office), shall—
(1) commence a study of the multipurpose dam described
in the Upper Delaware and Tributaries Watershed Plan; and
(2) not later than 2 years after the date of enactment
of this Act, make recommendations to Congress with respect
to the material alterations or changes to the Upper Delaware
and Tributaries Watershed Plan that are necessary to effectuate, in part, the Tribal water rights agreed to by the Kickapoo
Tribe and the State of Kansas on September 9, 2016, in the
Kickapoo Tribe Water Rights Settlement Agreement, which
otherwise remains subject to approval and authorization by
Congress.
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SEC. 1105. AQUIFER RECHARGE FLEXIBILITY.

(a) SHORT TITLE.—This section may be cited as the ‘‘Aquifer
Recharge Flexibility Act’’.
(b) DEFINITIONS.—In this Act:

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Deadline.
Recommendations.

Aquifer Recharge
Flexibility Act.
43 USC 390g–9.

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(1) BUREAU.—The term ‘‘Bureau’’ means the Bureau of
Reclamation.
(2) COMMISSIONER.—The term ‘‘Commissioner’’ means the
Commissioner of Reclamation.
(3) ELIGIBLE LAND.—The term ‘‘eligible land’’, with respect
to a Reclamation project, means land that—
(A) is authorized to receive water under State law;
and
(B) shares an aquifer with land located in the service
area of the Reclamation project.
(4) NET WATER STORAGE BENEFIT.—The term ‘‘net water
storage benefit’’ means an increase in the volume of water
that is—
(A) stored in 1 or more aquifers; and
(B)(i) available for use within the authorized service
area of a Reclamation project; or
(ii) stored on a long-term basis to avoid or reduce
groundwater overdraft.
(5) RECLAMATION FACILITY.—The term ‘‘Reclamation
facility’’ means each of the infrastructure assets that are owned
by the Bureau at a Reclamation project.
(6) RECLAMATION PROJECT.—The term ‘‘Reclamation
project’’ means any reclamation or irrigation project, including
incidental features thereof, authorized by Federal reclamation
law or the Act of August 11, 1939 (commonly known as the
‘‘Water Conservation and Utilization Act’’) (53 Stat. 1418,
chapter 717; 16 U.S.C. 590y et seq.), or constructed by the
United States pursuant to such law, or in connection with
which there is a repayment or water service contract executed
by the United States pursuant to such law, or any project
constructed by the Secretary through the Bureau for the reclamation of land.
(c) FLEXIBILITY TO ALLOW GREATER AQUIFER RECHARGE IN
WESTERN STATES.—
(1) USE OF RECLAMATION FACILITIES.—
(A) IN GENERAL.—The Commissioner may allow the
use of excess capacity in Reclamation facilities for aquifer
recharge of non-Reclamation project water, subject to
applicable rates, charges, and public participation requirements, on the condition that—
(i) the use—
(I) shall not be implemented in a manner that
is detrimental to—
(aa) any power service or water contract
for the Reclamation project; or
(bb) any obligations for fish, wildlife, or
water quality protection applicable to the Reclamation project;
(II) shall be consistent with water quality
guidelines for the Reclamation project;
(III) shall comply with all applicable—
(aa) Federal laws; and
(bb) policies of the Bureau; and
(IV) shall comply with all applicable State laws
and policies; and
(ii) the non-Federal party to an existing contract
for water or water capacity in a Reclamation facility

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134 STAT. 3239

consents to the use of the Reclamation facility under
this subsection.
(B) EFFECT ON EXISTING CONTRACTS.—Nothing in this
subsection affects a contract—
(i) in effect on the date of enactment of this Act;
and
(ii) under which the use of excess capacity in a
Bureau conveyance facility for carriage of non-Reclamation project water for aquifer recharge is allowed.
(2) AQUIFER RECHARGE ON ELIGIBLE LAND.—
(A) IN GENERAL.—Subject to subparagraphs (C) and
(D), the Secretary may contract with a holder of a water
service or repayment contract for a Reclamation project
to allow the contractor, in accordance with applicable State
laws and policies—
(i) to directly use water available under the contract for aquifer recharge on eligible land; or
(ii) to enter into an agreement with an individual
or entity to transfer water available under the contract
for aquifer recharge on eligible land.
(B) AUTHORIZED PROJECT USE.—The use of a Reclamation facility for aquifer recharge under subparagraph (A)
shall be considered an authorized use for the Reclamation
project if requested by a holder of a water service or repayment contract for the Reclamation facility.
(C) MODIFICATIONS TO CONTRACTS.—The Secretary may
contract with a holder of a water service or repayment
contract for a Reclamation project under subparagraph (A)
if the Secretary determines that a new contract or contract
amendment described in that subparagraph is—
(i) necessary to allow for the use of water available
under the contract for aquifer recharge under this subsection;
(ii) in the best interest of the Reclamation project
and the United States; and
(iii) approved by the contractor that is responsible
for repaying the cost of construction, operations, and
maintenance of the facility that delivers the water
under the contract.
(D) REQUIREMENTS.—The use of Reclamation facilities
for the use or transfer of water for aquifer recharge under
this subsection shall be subject to the requirements that—
(i) the use or transfer shall not be implemented
in a manner that materially impacts any power service
or water contract for the Reclamation project; and
(ii) before the use or transfer, the Secretary shall
determine that the use or transfer—
(I) results in a net water storage benefit for
the Reclamation project; or
(II) contributes to the recharge of an aquifer
on eligible land; and
(iii) the use or transfer complies with all
applicable—
(I) Federal laws and policies; and
(II) interstate water compacts.

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PUBLIC LAW 116–260—DEC. 27, 2020
(3) CONVEYANCE FOR AQUIFER RECHARGE PURPOSES.—The
holder of a right-of-way, easement, permit, or other authorization to transport water across public land administered by
the Bureau of Land Management may transport water for
aquifer recharge purposes without requiring additional
authorization from the Secretary where the use does not expand
or modify the operation of the right-of-way, easement, permit,
or other authorization across public land.
(4) EFFECT.—Nothing in this Act creates, impairs, alters,
or supersedes a Federal or State water right.
(5) EXEMPTION.—This Act shall not apply to the State
of California.
(6) ADVISORY GROUP.—The Secretary may participate in
any State-led collaborative, multi-stakeholder advisory group
created in any watershed the purpose of which is to monitor,
review, and assess aquifer recharge activities.

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SEC. 1106. WATERSMART EXTENSION AND EXPANSION.

(a) DEFINITION OF ELIGIBLE APPLICANT.—Section 9502 of the
Omnibus Public Land Management Act of 2009 (42 U.S.C. 10362)
is amended—
(1) in the matter preceding paragraph (1), by striking ‘‘section’’ and inserting ‘‘subtitle’’;
(2) by striking paragraph (7) and inserting the following:
‘‘(7) ELIGIBLE APPLICANT.—The term ‘eligible applicant’
means—
‘‘(A) any State, Indian tribe, irrigation district, or water
district;
‘‘(B) any State, regional, or local authority, the members of which include 1 or more organizations with water
or power delivery authority;
‘‘(C) any other organization with water or power
delivery authority; and
‘‘(D) any nonprofit conservation organization, if—
‘‘(i) the nonprofit conservation organization is
acting in partnership with and with the agreement
of an entity described in subparagraph (A), (B), or
(C); or
‘‘(ii) in the case of an application for a project
to improve the condition of a natural feature or naturebased feature on Federal land, the entities described
in subparagraph (A), (B), or (C) from the applicable
service area have been notified of the project application and there is no written objection to the project.’’;
(3) in paragraph (10), by striking ‘‘450b’’ and inserting
‘‘5304’’;
(4) by redesignating paragraphs (13) through (17) as paragraphs (15) through (19), respectively; and
(5) by inserting after paragraph (12) the following:
‘‘(13) NATURAL FEATURE.—The term ‘natural feature’ means
a feature that is created through the action of physical,
geological, biological, and chemical processes over time.
‘‘(14) NATURE-BASED FEATURE.—The term ‘nature-based
feature’ means a feature that is created by human design,
engineering, and construction to provide a means to reduce
water supply and demand imbalances or drought or flood risk
by acting in concert with natural processes.’’.

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134 STAT. 3241

(b) GRANTS AND COOPERATIVE AGREEMENTS.—Section 9504(a)
of the Omnibus Public Land Management Act of 2009 (42 U.S.C.
10364(a)) is amended—
(1) in paragraph (1)—
(A) in the matter preceding subparagraph (A), by
inserting ‘‘or carrying out any activity’’ after ‘‘any improvement’’;
(B) by redesignating subparagraphs (F), (G), and (H)
as subparagraphs (G), (H), and (J), respectively;
(C) by inserting after subparagraph (E) the following:
‘‘(F) to assist States and water users in complying
with interstate compacts or reducing basin water supplydemand imbalances;’’;
(D) in subparagraph (G) (as so redesignated), by
striking ‘‘to prevent’’ and inserting ‘‘to achieve the prevention of’’;
(E) in subparagraph (H) (as so redesignated)—
(i) by striking ‘‘to accelerate’’ and inserting ‘‘to
achieve the acceleration of’’; and
(ii) by striking ‘‘or’’ at the end;
(F) by inserting after subparagraph (H) (as so redesignated) the following:
‘‘(I) to improve the condition of a natural feature; or’’;
and
(G) in subparagraph (J) (as so redesignated)—
(i) in clause (i), by striking ‘‘or’’ at the end;
(ii) in clause (ii), by striking the period at the
end and inserting ‘‘; or’’; and
(iii) by adding at the end the following:
‘‘(iii) to plan for or address the impacts of
drought.’’;
(2) in paragraph (2)—
(A) in subparagraph (A)—
(i) in clause (ii), by striking ‘‘or’’;
(ii) in clause (iii), by striking ‘‘and’’ and inserting
‘‘or’’; and
(iii) by adding at the end the following:
‘‘(iv) the Commonwealth of Puerto Rico; and’’; and
(B) by striking subparagraph (B) and inserting the
following:
‘‘(B) submit to the Secretary an application that
includes—
‘‘(i) a proposal of the improvement or activity to
be planned, designed, constructed, or implemented by
the eligible applicant; and
‘‘(ii) for a project that is intended to have a quantifiable water savings and would receive a grant of
$500,000 or more—
‘‘(I) a proposal for a monitoring plan of at
least 5 years that would demonstrate ways in
which the proposed improvement or activity would
result in improved streamflows or aquatic habitat;
or
‘‘(II) for a project that does not anticipate
improved streamflows or aquatic habitat, an analysis of ways in which the proposed improvement

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PUBLIC LAW 116–260—DEC. 27, 2020

or activity would contribute to 1 or more of the
other objectives described in paragraph (1).’’;
(3) in paragraph (3)(E), by striking clause (i) and inserting
the following:
‘‘(i) FEDERAL SHARE.—
‘‘(I) IN GENERAL.—Except as provided in subclause (II), the Federal share of the cost of any
infrastructure improvement or activity that is the
subject of a grant or other agreement entered into
between the Secretary and an eligible applicant
under paragraph (1) shall not exceed 50 percent
of the cost of the infrastructure improvement or
activity.
‘‘(II) INCREASED FEDERAL SHARE FOR CERTAIN
INFRASTRUCTURE IMPROVEMENTS AND ACTIVITIES.—
The Federal share of the cost of an infrastructure
improvement or activity shall not exceed 75 percent of the cost of the infrastructure improvement
or activity, if—
‘‘(aa) the infrastructure improvement or
activity was developed as part of a collaborative process by—
‘‘(AA) a watershed group (as defined
in section 6001); or
‘‘(BB) a water user and 1 or more
stakeholders with diverse interests; and
‘‘(bb) the majority of the benefits of the
infrastructure improvement or activity, as
determined by the Secretary, are for the purpose of advancing 1 or more components of
an established strategy or plan to increase
the reliability of water supply for consumptive
and nonconsumptive ecological values.’’; and
(4) by adding at the end the following:
‘‘(4) PRIORITY.—In providing grants to, and entering into
agreements for, projects intended to have a quantifiable water
savings under this subsection, the Secretary shall give priority
to projects that enhance drought resilience by benefitting the
water supply and ecosystem.’’.
(c) RESEARCH AGREEMENTS.—Section 9504(b)(1) of the Omnibus
Public Land Management Act of 2009 (42 U.S.C. 10364(b)(1)) is
amended—
(1) in the matter preceding subparagraph (A), by striking
‘‘or organization with water or power delivery authority’’ and
inserting ‘‘or eligible applicant’’;
(2) in subparagraph (B), by striking ‘‘or’’ at the end;
(3) by redesignating subparagraph (C) as subparagraph
(D); and
(4) by inserting after subparagraph (B) the following:
‘‘(C) to restore a natural feature or use a nature-based
feature to reduce water supply and demand imbalances
or the risk of drought or flood; or’’.
(d) AUTHORIZATION OF APPROPRIATIONS.—Section 9504(e) of the
Omnibus Public Land Management Act of 2009 (42 U.S.C. 10364(e))
is amended by striking ‘‘ $530,000,000’’ and inserting ‘‘
$700,000,000, subject to the condition that $50,000,000 of that
amount shall be used to carry out section 206 of the Energy and

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 3243

Water Development and Related Agencies Appropriations Act, 2015
(43 U.S.C. 620 note; Public Law 113–235)’’.
(e) CONFORMING AMENDMENT.—Section 4009(d) of Public Law
114–322 (42 U.S.C. 10364 note) is amended by striking ‘‘on the
condition that of that amount, $50,000,000 of it is used to carry
out section 206 of the Energy and Water Development and Related
Agencies Appropriations Act, 2015 (43 U.S.C. 620 note; Public Law
113–235)’’.
SEC. 1107. COOPERATIVE WATERSHED MANAGEMENT PROGRAM.

(a) DEFINITIONS.—Section 6001 of the Omnibus Public Land
Management Act of 2009 (16 U.S.C. 1015) is amended—
(1) by redesignating paragraphs (2) through (6) as paragraphs (3) through (7), respectively;
(2) by inserting after paragraph (1) the following:
‘‘(2) DISADVANTAGED COMMUNITY.—The term ‘disadvantaged community’ means a community (including a city, town,
county, or reasonably isolated and divisible segment of a larger
municipality) with an annual median household income that
is less than 100 percent of the statewide annual median household income for the State in which the community is located,
according to the most recent decennial census.’’;
(3) in paragraph (6)(B)(i) (as so redesignated)—
(A) in subclause (VIII), by striking ‘‘and’’ at the end;
(B) in subclause (IX), by adding ‘‘and’’ after the semicolon at the end; and
(C) by adding at the end the following:
‘‘(X) disadvantaged communities;’’; and
(4) in paragraph (7)(C) (as so redesignated), by inserting
‘‘, including benefits to fisheries, wildlife, or habitat’’ after ‘‘river
or stream’’.
(b) APPLICATION.—Section 6002 of the Omnibus Public Lands
Management Act (16 U.S.C. 1015a) is amended—
(1) by striking subsection (b) and inserting the following:
‘‘(b) ESTABLISHMENT OF APPLICATION PROCESS; CRITERIA.—Not
later than September 30, 2021, the Secretary shall update—
‘‘(1) the application process for the program; and
‘‘(2) in consultation with the States, the prioritization and
eligibility criteria for considering applications submitted in
accordance with the application process.’’; and
(2) in subsection (g), by striking ‘‘2020’’ and inserting
‘‘2026’’.

Deadline.
Update.
Consultation.

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SEC. 1108. MODIFICATION OF JACKSON GULCH REHABILITATION
PROJECT, COLORADO.

Section 9105(b) of the Omnibus Public Land Management Act
of 2009 (Public Law 111–11; 123 Stat. 1303) is amended—
(1) in paragraph (1)—
(A) by striking ‘‘requirement’’ and inserting ‘‘and costsharing requirements’’; and
(B) by inserting ‘‘, which shall be not more than 65
percent of that total cost’’ before the period at the end;
(2) in paragraph (3)—
(A) in the paragraph heading, by striking ‘‘REQUIREMENT’’ and inserting ‘‘AND COST-SHARING REQUIREMENTS’’;
(B) in subparagraph (A), in the matter preceding clause
(i), by striking ‘‘The Secretary shall recover from the District as reimbursable expenses’’ and inserting ‘‘Subject to

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134 STAT. 3244

subparagraph (C), the District shall be liable under this
subsection for an amount equal to’’;
(C) in subparagraph (B), in the matter preceding clause
(i), by striking ‘‘Secretary shall recover reimbursable
expenses’’ and inserting ‘‘District shall pay the Project costs
for which the District is liable’’; and
(D) by striking subparagraph (C) and inserting the
following:
‘‘(C) CREDIT.—In determining the exact amount for
which the District is liable under this paragraph, the Secretary shall—
‘‘(i) review and approve all final costs associated
with the completion of the Project; and
‘‘(ii) credit the district for all amounts paid by
the District for engineering work and improvements
directly associated with the Project, whether before,
on, or after the date of enactment of this Act.’’; and
(3) in paragraph (7), by striking ‘‘ $8,250,000.’’ and inserting
the following: ‘‘the lesser of—
‘‘(A) not more than 65 percent of the total cost of
carrying out the Project; and
‘‘(B) $5,350,000.’’.

Determination.

Review.

33 USC 2330c.

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Contracts.
Determination.

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SEC. 1109. AQUATIC ECOSYSTEM RESTORATION.

(a) DEFINITION OF ELIGIBLE ENTITY.—In this section, the term
‘‘eligible entity’’ means—
(1) any State, Indian Tribe, irrigation district, or water
district;
(2) any State, regional, or local authority, the members
of which include 1 or more organizations with water or power
delivery authority;
(3) any other entity or organization that owns a facility
that is eligible for upgrade, modification or removal under
this section;
(4) any nonprofit conservation organization, acting in partnership with any entity listed in paragraphs (1) through (3),
with respect to a project involving land or infrastructure owned
by the entity; and
(5) an agency established under State law for the joint
exercise of powers or a combination of entities described in
paragraphs (1) through (4).
(b) GENERAL AUTHORITY.—
(1) IN GENERAL.—Subject to the requirements of this section
and paragraph (2), on request of any eligible entity the Secretary may negotiate and enter into an agreement on behalf
of the United States to fund the design, study, and construction
of an aquatic ecosystem restoration and protection project in
a Reclamation State if the Secretary determines that the project
is likely to improve the health of fisheries, wildlife or aquatic
habitat, including through habitat restoration and improved
fish passage via the removal or bypass of barriers to fish
passage.
(2) EXCEPTION.—With respect to an aquatic ecosystem restoration and protection project under this section that removes
a dam or modifies a dam in a manner that reduces storage
or diversion capacity, the Secretary may only negotiate and
enter into an agreement to fund—

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(A) the design or study of such project if the Secretary
has received consent from the owner of the applicable dam;
or
(B) the construction of such project if the Secretary—
(i) identifies any eligible entity that receives water
or power from the facility that is under consideration
for removal or modification at the time of the request;
(ii) notifies each eligible entity identified in clause
(i) that the dam removal or modification project has
been requested; and
(iii) does not receive, by the date that is 120 days
after the date on which all eligible entities have been
notified under clause (ii), written objection from 1 or
more eligible entities that collectively receive 1⁄3 or
more of the water or power delivered from the facility
that is under consideration for removal or modification
at the time of the request.
(c) REQUIREMENTS.—
(1) IN GENERAL.—The Secretary shall accept and consider
public comment prior to initiating design, study or development
of a project under this section.
(2) PRECONDITIONS.—Construction of a project under this
section shall be a voluntary project initiated only after—
(A) an eligible entity has entered into an agreement
with the Secretary to pay no less than 35 percent of the
costs of project construction;
(B) an eligible entity has entered an agreement to
pay 100 percent of any operation, maintenance, and
replacement and rehabilitation costs with respect to the
project;
(C) the Secretary determines the proposed project—
(i) will not result in an unmitigated adverse impact
on fulfillment of existing water delivery obligations
consistent with historical operations and applicable
contracts;
(ii) will not result in an unmitigated adverse effect
on the environment;
(iii) is consistent with the responsibilities of the
Secretary—
(I) in the role as trustee for federally recognized Indian Tribes; and
(II) to ensure compliance with any applicable
international and Tribal treaties and agreements
and interstate compacts and agreements;
(iv) is in the financial interest of the United States
based on a determination that the project advances
Federal objectives including environmental enhancement objectives in a Reclamation State; and
(v) complies with all applicable Federal and State
law, including environmental laws; and
(D) the Secretary has complied with all applicable
environmental laws, including—
(i) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.);
(ii) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.); and
(iii) subtitle III of title 54, United States Code.

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PUBLIC LAW 116–260—DEC. 27, 2020

(d) FUNDING.—There is authorized to be appropriated to carry
out this section $15,000,000 for each of fiscal years 2022 through
2026, to remain available until expended.
(e) EFFECTS.—
(1) IN GENERAL.—Nothing in this section supersedes or
limits any existing authority provided, or responsibility conferred, by any provision of law.
(2) EFFECT ON STATE WATER LAW.—Nothing in this section
preempts or affects any—
(A) State water law; or
(B) interstate compact governing water.
(f) COMPLIANCE REQUIRED.—The Secretary shall comply with
applicable State water laws in carrying out this section.
(g) PRIORITY FOR PROJECTS PROVIDING REGIONAL BENEFITS AND
ASSISTANCE FOR AGING ASSETS.—When funding projects under this
section, the Secretary shall prioritize projects that—
(1) are jointly developed and supported by a diverse array
of stakeholders including representatives of irrigated agricultural production, hydroelectric production, potable water purveyors and industrial water users, Indian Tribes, commercial
fishing interests, and nonprofit conservation organizations;
(2) affect water resources management in 2 or more river
basins while providing regional benefits not limited to fisheries
restoration;
(3) are a component of a broader strategy or plan to replace
aging facilities with 1 or more alternate facilities providing
similar benefits; and
(4) contribute to the restoration of anadromous fish species
listed under the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.).

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Clean Water
for Rural
Communities
Act.
Montana.
North Dakota.

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SEC. 1110. CLEAN WATER FOR RURAL COMMUNITIES.

(a) SHORT TITLE.—This section may be cited as the ‘‘Clean
Water for Rural Communities Act’’.
(b) PURPOSE.—The purpose of this Act is to ensure a safe
and adequate municipal, rural, and industrial water supply for
the citizens of—
(1) Dawson, Garfield, McCone, Prairie, Richland, Judith
Basin, Wheatland, Golden Valley, Fergus, Yellowstone, and
Musselshell Counties in the State of Montana; and
(2) McKenzie County, North Dakota.
(c) DEFINITIONS.—In this Act:
(1) AUTHORITY.—The term ‘‘Authority’’ means—
(A) the Central Montana Regional Water Authority,
a publicly owned nonprofit water authority formed in
accordance with Mont. Code Ann. Sec. 75–6–302 (2007);
and
(B) any nonprofit successor entity to the Authority
described in subparagraph (A).
(2) MUSSELSHELL-JUDITH RURAL WATER SYSTEM.—The term
‘‘Musselshell-Judith Rural Water System’’ means the
Musselshell-Judith Rural Water System authorized under subsection (d)(1), with a project service area that includes—
(A) Judith Basin, Wheatland, Golden Valley, and
Musselshell Counties in the State;
(B) the portion of Yellowstone County in the State
within 2 miles of State Highway 3 and within 4 miles

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of the county line between Golden Valley and Yellowstone
Counties in the State, inclusive of the Town of Broadview,
Montana; and
(C) the portion of Fergus County in the State within
2 miles of U.S. Highway 87 and within 4 miles of the
county line between Fergus and Judith Basin Counties
in the State, inclusive of the Town of Moore, Montana.
(3) STATE.—The term ‘‘State’’ means the State of Montana.
(d) MUSSELSHELL-JUDITH RURAL WATER SYSTEM.—
(1) AUTHORIZATION.—The Secretary may carry out the planning, design, and construction of the Musselshell-Judith Rural
Water System in a manner that is substantially in accordance
with the feasibility report entitled ‘‘Musselshell-Judith Rural
Water System Feasibility Report’’ (including any and all revisions of the report).
(2) COOPERATIVE AGREEMENT.—The Secretary shall enter
into a cooperative agreement with the Authority to provide
Federal assistance for the planning, design, and construction
of the Musselshell-Judith Rural Water System.
(3) COST-SHARING REQUIREMENT.—
(A) FEDERAL SHARE.—
(i) IN GENERAL.—The Federal share of the costs
relating to the planning, design, and construction of
the Musselshell-Judith Rural Water System shall not
exceed 65 percent of the total cost of the MusselshellJudith Rural Water System.
(ii) LIMITATION.—Amounts made available under
clause (i) shall not be returnable or reimbursable under
the reclamation laws.
(B) USE OF FEDERAL FUNDS.—
(i) GENERAL USES.—Subject to clause (ii), the
Musselshell-Judith Rural Water System may use Federal funds made available to carry out this subsection
for—
(I) facilities relating to—
(aa) water pumping;
(bb) water treatment;
(cc) water storage;
(dd) water supply wells;
(ee) distribution pipelines; and
(ff) control systems;
(II) transmission pipelines;
(III) pumping stations;
(IV) appurtenant buildings, maintenance
equipment, and access roads;
(V) any interconnection facility that connects
a pipeline of the Musselshell-Judith Rural Water
System to a pipeline of a public water system;
(VI) electrical power transmission and distribution facilities required for the operation and
maintenance of the Musselshell-Judith Rural
Water System;
(VII) any other facility or service required for
the development of a rural water distribution
system, as determined by the Secretary; and

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134 STAT. 3248

Consultation.
Review.
Determination.

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(VIII) any property or property right required
for the construction or operation of a facility
described in this subsection.
(ii) LIMITATION.—Federal funds made available to
carry out this subsection shall not be used for the
operation, maintenance, or replacement of the
Musselshell-Judith Rural Water System.
(iii) TITLE.—Title to the Musselshell-Judith Rural
Water System shall be held by the Authority.
(e) DRY-REDWATER FEASIBILITY STUDY.—
(1) DEFINITIONS.—In this subsection:
(A) DRY-REDWATER REGIONAL WATER AUTHORITY.—The
term ‘‘Dry-Redwater Regional Water Authority’’ means—
(i) the Dry-Redwater Regional Water Authority,
a publicly owned nonprofit water authority formed in
accordance with Mont. Code Ann. § 75–6–302 (2007);
and
(ii) any nonprofit successor entity to the Authority
described in clause (i).
(B) DRY-REDWATER REGIONAL WATER AUTHORITY
SYSTEM.—The
term ‘‘Dry-Redwater Regional Water
Authority System’’ means the project entitled the ‘‘DryRedwater Regional Water Authority System’’, with a project
service area that includes—
(i) Garfield and McCone Counties in the State;
(ii) the area west of the Yellowstone River in Dawson and Richland Counties in the State;
(iii) T. 15 N. (including the area north of the
Township) in Prairie County in the State; and
(iv) the portion of McKenzie County, North Dakota,
that includes all land that is located west of the Yellowstone River in the State of North Dakota.
(C) RECLAMATION FEASIBILITY STANDARDS.—The term
‘‘reclamation feasibility standards’’ means the eligibility criteria and feasibility study requirements described in section
106 of the Reclamation Rural Water Supply Act of 2006
(43 U.S.C. 2405) (as in effect on September 29, 2016).
(D) SUBMITTED FEASIBILITY STUDY.—The term ‘‘submitted feasibility study’’ means the feasibility study entitled ‘‘Dry-Redwater Regional Water System Feasibility
Study’’ (including revisions of the study), which received
funding from the Bureau of Reclamation on September
1, 2010.
(2) STUDY.—
(A) IN GENERAL.—The Secretary, in consultation with
the Dry-Redwater Regional Water Authority, may undertake a study, including a review of the submitted feasibility
study, to determine the feasibility of constructing the DryRedwater Regional Water System.
(B) REQUIREMENT.—The study under subparagraph (A)
shall comply with the reclamation feasibility standards.
(3) COOPERATIVE AGREEMENT.—If the Secretary determines
that the study under paragraph (2) does not comply with the
reclamation feasibility standards, the Secretary may enter into
a cooperative agreement with the Dry-Redwater Regional Water
Authority to complete additional work to ensure that the study
complies with the reclamation feasibility standards.

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PUBLIC LAW 116–260—DEC. 27, 2020

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(4) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary $5,000,000 to carry
out this subsection.
(5) TERMINATION.—The authority provided by this subsection shall expire on the date that is 5 years after the date
of enactment of this Act.
(f) WATER RIGHTS.—Nothing in this Act—
(1) preempts or affects any State water law; or
(2) affects any authority of a State, as in effect on the
date of enactment of this Act, to manage water resources within
that State.
(g) AUTHORIZATION OF APPROPRIATIONS.—
(1) AUTHORIZATION.—There is authorized to be appropriated to carry out the planning, design, and construction
of the Musselshell-Judith Rural Water System, substantially
in accordance with the cost estimate set forth in the feasibility
report described in subsection (d)(1), $56,650,000.
(2) COST INDEXING.—The amount authorized to be appropriated under paragraph (1) may be increased or decreased
in accordance with ordinary fluctuations in development costs
incurred after November 1, 2014, as indicated by any available
engineering cost indices applicable to construction activities
that are similar to the construction of the Musselshell-Judith
Rural Water System.

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SEC. 1111. SNOW WATER SUPPLY FORECASTING.

(a) SHORT TITLE.—This section may be cited as the ‘‘Snow
Water Supply Forecasting Program Authorization Act’’.
(b) DEFINITION OF PROGRAM.—In this Act, the term ‘‘program’’
means the Snow Water Supply Forecasting Program established
by subsection (c).
(c) SNOW WATER SUPPLY FORECASTING PROGRAM.—
(1) PROGRAM ESTABLISHMENT.—The Snow Water Supply
Forecasting Program is hereby established within the Department of the Interior.
(2) PROGRAM IMPLEMENTATION.—To implement the program, the Secretary shall—
(A) develop the program framework in coordination
with other Federal agencies pursuant to subsection (d),
culminating in the report required under subsection (d)(3);
and
(B) after submitting the report required by subsection
(d)(3), implement activities to improve snowpack measurement in particular watersheds pursuant to subsection (e).
(d) DEVELOPMENT OF PROGRAM FRAMEWORK IN COORDINATION
WITH OTHER FEDERAL AGENCIES.—
(1) SNOWPACK MEASUREMENT DATA.—When determining
water supply forecasts or allocations to Federal water contractors, the Secretary, acting through the Commissioner of the
Bureau of Reclamation, shall incorporate, to the greatest extent
practicable, information from emerging technologies for
snowpack measurement, such as—
(A) synthetic aperture radar;
(B) laser altimetry; and
(C) other emerging technologies that the Secretary
determines are likely to provide more accurate or timely
snowpack measurement data.

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Snow Water
Supply
Forecasting
Program
Authorization
Act.
43 USC 1477.

Determination.

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(2) COORDINATION.—In carrying out paragraph (1), the Secretary shall coordinate data use and collection efforts with
other Federal agencies that use or may benefit from the use
of emerging technologies for snowpack measurement.
(3) EMERGING TECHNOLOGIES REPORT.—Not later than
October 1, 2021, the Secretary shall submit to Congress a
report that—
(A) summarizes the use of emerging technologies
pursuant to this Act;
(B) describes benefits derived from the use of technologies summarized under subparagraph (A) related to
the environment and increased water supply reliability;
and
(C) describes how Federal agencies will coordinate to
implement emerging technologies.
(e) PROGRAM IMPLEMENTATION.—
(1) ACTIVITIES IMPLEMENTING FRAMEWORK.—After submitting the report required under subsection (d)(3), the Secretary
shall participate with program partners in implementing activities to improve snowpack measurement in particular watersheds.
(2) FOCUS.—The program shall focus on activities that will
maintain, establish, expand, or advance snowpack measurement consistent with the report required by subsection (d)(3),
with an emphasis on—
(A) enhancing activities in river basins to achieve
improved snow and water supply forecasting results;
(B) activities in river basins where snow water supply
forecasting related activities described in this Act are not
occurring on the date of the enactment of this Act; and
(C) demonstrating or testing new, or improving
existing, snow and water supply forecasting technology.
(3) INFORMATION SHARING.—The Secretary may provide
information collected and analyzed under this Act to program
partners through appropriate mechanisms, including interagency agreements with Federal agencies, States, State agencies, or a combination thereof, leases, contracts, cooperative
agreements, grants, loans, and memoranda of understanding.
(4) PROGRAM PARTNERS.—Program partners with whom the
Secretary enters into cooperative agreements pursuant to paragraph (5) may include water districts, irrigation districts, water
associations, universities, State agencies, other Federal agencies, private sector entities, non-governmental organizations,
and other entities, as determined by the Secretary.
(5) COOPERATIVE AGREEMENTS.—The Secretary may—
(A) enter into cooperative agreements with program
partners to allow the program to be administered efficiently
and cost effectively through cost-sharing or by providing
additional in-kind resources necessary for program
implementation; and
(B) provide nonreimbursable matching funding for programmatic and operational activities under this Act in
consultation with program partners.
(6) ENVIRONMENTAL LAWS.—Nothing in this Act shall
modify any obligation of the Secretary to comply with applicable
Federal and State environmental laws in carrying out this
Act.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 3251

(f) PROGRAM IMPLEMENTATION REPORT.—Not later than 4 years
after the date of the enactment of this Act, the Secretary shall
submit a report to the Committee on Natural Resources and the
Committee on Appropriations of the House of Representatives and
the Committee on Energy and Natural Resources and the Committee on Appropriations of the Senate, that includes—
(1) a list of basins and sub-basins for which snowpack
measurement technologies are being used under the program,
including a description of each technology used; and
(2) a list of Federal agencies and program partners participating in each basin or sub-basin listed in paragraph (1).
(g) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary to carry out this Act $15,000,000,
in the aggregate, for fiscal years 2022 through 2026.

Lists.

SEC. 1112. WATER TECHNOLOGY INVESTMENT.

The Water Desalination Act of 1996 (Public Law 104–298;
42 U.S.C. 10301 note) is amended—
(1) in section 4(a)(1), by inserting ‘‘, including modules
specifically designed for brine management’’ after ‘‘and concepts’’; and
(2) in section 8(b)—
(A) by striking ‘‘3,000,000’’ and inserting ‘‘20,000,000’’;
and
(B) by striking ‘‘2017 through 2021’’ and inserting
‘‘2022 through 2026, in addition to the authorization of
appropriations for projects in section 4(a)(2)(F)’’.
SEC. 1113. SHARING ARRANGEMENTS WITH FEDERAL AGENCIES.

Section 405 of the Indian Health Care Improvement Act (25
U.S.C. 1645) is amended—
(1) in subsection (a)(1), by inserting ‘‘urban Indian organizations,’’ before ‘‘and tribal organizations’’; and
(2) in subsection (c)—
(A) by inserting ‘‘urban Indian organization,’’ before
‘‘or tribal organization’’; and
(B) by inserting ‘‘an urban Indian organization,’’ before
‘‘or a tribal organization’’.
SEC. 1114. AMENDMENT TO THE INDIAN HEALTH CARE IMPROVEMENT
ACT.

Section 409 of the Indian Health Care Improvement Act (25
U.S.C. 1647b) is amended by striking ‘‘(25 U.S.C. 450 et seq.)’’
and inserting ‘‘(25 U.S.C. 5301 et seq.) or the Tribally Controlled
Schools Act of 1988 (25 U.S.C. 2501 et seq.)’’.

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SEC. 1115. DEFINITIONS.

In this title:
(1) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ has the
meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
(2) RECLAMATION STATE.—The term ‘‘Reclamation State’’
means a State or territory described in the first section of
the Act of June 17, 1902 (32 Stat. 388, chapter 1093; 43
U.S.C. 391).
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.

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33 USC 2330c
note.

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134 STAT. 3252

TITLE XII—HORSERACING INTEGRITY
AND SAFETY

Horseracing
Integrity and
Safety Act
of 2020.

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PUBLIC LAW 116–260—DEC. 27, 2020

15 USC 3051
note.

SEC. 1201. SHORT TITLE.

13 USC 3051.

SEC. 1202. DEFINITIONS.

This title may be cited as the ‘‘Horseracing Integrity and Safety
Act of 2020’’.
In this Act the following definitions apply:
(1) AUTHORITY.—The term ‘‘Authority’’ means the Horseracing Integrity and Safety Authority designated by section
1203(a).
(2) BREEDER.—The term ‘‘breeder’’ means a person who
is in the business of breeding covered horses.
(3) COMMISSION.—The term ‘‘Commission’’ means the Federal Trade Commission.
(4) COVERED HORSE.—The term ‘‘covered horse’’ means any
Thoroughbred horse, or any other horse made subject to this
Act by election of the applicable State racing commission or
the breed governing organization for such horse under section
1205(k), during the period—
(A) beginning on the date of the horse’s first timed
and reported workout at a racetrack that participates in
covered horseraces or at a training facility; and
(B) ending on the date on which the Authority receives
written notice that the horse has been retired.
(5) COVERED HORSERACE.—The term ‘‘covered horserace’’
means any horserace involving covered horses that has a
substantial relation to interstate commerce, including any
Thoroughbred horserace that is the subject of interstate offtrack or advance deposit wagers.
(6) COVERED PERSONS.—The term ‘‘covered persons’’ means
all trainers, owners, breeders, jockeys, racetracks, veterinarians, persons (legal and natural) licensed by a State racing
commission and the agents, assigns, and employees of such
persons and other horse support personnel who are engaged
in the care, training, or racing of covered horses.
(7) EQUINE CONSTITUENCIES.—The term ‘‘equine constituencies’’ means, collectively, owners, breeders, trainers, racetracks, veterinarians, State racing commissions, and jockeys
who are engaged in the care, training, or racing of covered
horses.
(8) EQUINE INDUSTRY REPRESENTATIVE.—The term ‘‘equine
industry representative’’ means an organization regularly and
significantly engaged in the equine industry, including
organizations that represent the interests of, and whose membership consists of, owners, breeders, trainers, racetracks, veterinarians, State racing commissions, and jockeys.
(9) HORSERACING ANTI-DOPING AND MEDICATION CONTROL
PROGRAM.—The term ‘‘horseracing anti-doping and medication
control program’’ means the anti-doping and medication program established under section 1206(a).
(10) IMMEDIATE FAMILY MEMBER.—The term ‘‘immediate
family member’’ shall include a spouse, domestic partner,
mother, father, aunt, uncle, sibling, or child.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 3253

(11) INTERSTATE OFF-TRACK WAGER.—The term ‘‘interstate
off-track wager’’ has the meaning given such term in section
3 of the Interstate Horseracing Act of 1978 (15 U.S.C. 3002).
(12) JOCKEY.—The term ‘‘jockey’’ means a rider or driver
of a covered horse in covered horseraces.
(13) OWNER.—The term ‘‘owner’’ means a person who holds
an ownership interest in one or more covered horses.
(14) PROGRAM EFFECTIVE DATE.—The term ‘‘program effective date’’ means July 1, 2022.
(15) RACETRACK.—The term ‘‘racetrack’’ means an organization licensed by a State racing commission to conduct covered
horseraces.
(16) RACETRACK SAFETY PROGRAM.—The term ‘‘racetrack
safety program’’ means the program established under section
1207(a).
(17) STAKES RACE.—The term ‘‘stakes race’’ means any
race so designated by the racetrack at which such race is
run, including, without limitation, the races comprising the
Breeders’ Cup World Championships and the races designated
as graded stakes by the American Graded Stakes Committee
of the Thoroughbred Owners and Breeders Association.
(18) STATE RACING COMMISSION.—The term ‘‘State racing
commission’’ means an entity designated by State law or regulation that has jurisdiction over the conduct of horseracing within
the applicable State.
(19) TRAINER.—The term ‘‘trainer’’ means an individual
engaged in the training of covered horses.
(20) TRAINING FACILITY.—The term ‘‘training facility’’
means a location that is not a racetrack licensed by a State
racing commission that operates primarily to house covered
horses and conduct official timed workouts.
(21) VETERINARIAN.—The term ‘‘veterinarian’’ means a
licensed veterinarian who provides veterinary services to covered horses.
(22) WORKOUT.—The term ‘‘workout’’ means a timed running of a horse over a predetermined distance not associated
with a race or its first qualifying race, if such race is made
subject to this Act by election under section 1205(k) of the
horse’s breed governing organization or the applicable State
racing commission.

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SEC. 1203. RECOGNITION OF THE HORSERACING INTEGRITY AND
SAFETY AUTHORITY.

15 USC 3052.

(a) IN GENERAL.—The private, independent, self-regulatory,
nonprofit corporation, to be known as the ‘‘Horseracing Integrity
and Safety Authority’’, is recognized for purposes of developing
and implementing a horseracing anti-doping and medication control
program and a racetrack safety program for covered horses, covered
persons, and covered horseraces.
(b) BOARD OF DIRECTORS.—
(1) MEMBERSHIP.—The Authority shall be governed by a
board of directors (in this section referred to as the ‘‘Board’’)
comprised of nine members as follows:
(A) INDEPENDENT MEMBERS.—Five members of the
Board shall be independent members selected from outside
the equine industry.
(B) INDUSTRY MEMBERS.—

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PUBLIC LAW 116–260—DEC. 27, 2020
(i) IN GENERAL.—Four members of the Board shall
be industry members selected from among the various
equine constituencies.
(ii) REPRESENTATION OF EQUINE CONSTITUENCIES.—The industry members shall be representative of the various equine constituencies, and shall
include not more than one industry member from any
one equine constituency.
(2) CHAIR.—The chair of the Board shall be an independent
member described in paragraph (1)(A).
(3) BYLAWS.—The Board of the Authority shall be governed
by bylaws for the operation of the Authority with respect to—
(A) the administrative structure and employees of the
Authority;
(B) the establishment of standing committees;
(C) the procedures for filling vacancies on the Board
and the standing committees;
(D) term limits for members and termination of membership; and
(E) any other matter the Board considers necessary.
(c) STANDING COMMITTEES.—
(1) ANTI-DOPING AND MEDICATION CONTROL STANDING COMMITTEE.—
(A) IN GENERAL.—The Authority shall establish an
anti-doping and medication control standing committee,
which shall provide advice and guidance to the Board on
the development and maintenance of the horseracing antidoping and medication control program.
(B) MEMBERSHIP.—The anti-doping and medication
control standing committee shall be comprised of seven
members as follows:
(i) INDEPENDENT MEMBERS.—A majority of the
members shall be independent members selected from
outside the equine industry.
(ii) INDUSTRY MEMBERS.—A minority of the members shall be industry members selected to represent
the various equine constituencies, and shall include
not more than one industry member from any one
equine constituency.
(iii) QUALIFICATION.—A majority of individuals
selected to serve on the anti-doping and medication
control standing committee shall have significant,
recent experience in anti-doping and medication control
rules.
(C) CHAIR.—The chair of the anti-doping and medication control standing committee shall be an independent
member of the Board described in subsection (b)(1)(A).
(2) RACETRACK SAFETY STANDING COMMITTEE.—
(A) IN GENERAL.—The Authority shall establish a racetrack safety standing committee, which shall provide advice
and guidance to the Board on the development and maintenance of the racetrack safety program.
(B) MEMBERSHIP.—The racetrack safety standing committee shall be comprised of seven members as follows:
(i) INDEPENDENT MEMBERS.—A majority of the
members shall be independent members selected from
outside the equine industry.

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134 STAT. 3255

(ii) INDUSTRY MEMBERS.—A minority of the members shall be industry members selected to represent
the various equine constituencies.
(C) CHAIR.—The chair of the racetrack safety standing
committee shall be an industry member of the Board
described in subsection (b)(1)(B).
(d) NOMINATING COMMITTEE.—
(1) MEMBERSHIP.—
(A) IN GENERAL.—The nominating committee of the
Authority shall be comprised of seven independent members selected from business, sports, and academia.
(B) INITIAL MEMBERSHIP.—The initial nominating committee members shall be set forth in the governing corporate documents of the Authority.
(C) VACANCIES.—After the initial committee members
are appointed in accordance with subparagraph (B), vacancies shall be filled by the Board pursuant to rules established by the Authority.
(2) CHAIR.—The chair of the nominating committee shall
be selected by the nominating committee from among the members of the nominating committee.
(3) SELECTION OF MEMBERS OF THE BOARD AND STANDING
COMMITTEES.—
(A) INITIAL MEMBERS.—The nominating committee
shall select the initial members of the Board and the
standing committees described in subsection (c).
(B) SUBSEQUENT MEMBERS.— The nominating committee shall recommend individuals to fill any vacancy
on the Board or on such standing committees.
(e) CONFLICTS OF INTEREST.—To avoid conflicts of interest, the
following individuals may not be selected as a member of the
Board or as an independent member of a nominating or standing
committee under this section:
(1) An individual who has a financial interest in, or provides goods or services to, covered horses.
(2) An official or officer—
(A) of an equine industry representative; or
(B) who serves in a governance or policymaking
capacity for an equine industry representative.
(3) An employee of, or an individual who has a business
or commercial relationship with, an individual described in
paragraph (1) or (2).
(4) An immediate family member of an individual described
in paragraph (1) or (2).
(f) FUNDING.—
(1) INITIAL FUNDING.—
(A) IN GENERAL.—Initial funding to establish the
Authority and underwrite its operations before the program
effective date shall be provided by loans obtained by the
Authority.
(B) BORROWING.—The Authority may borrow funds
toward the funding of its operations.
(C) ANNUAL CALCULATION OF AMOUNTS REQUIRED.—
(i) IN GENERAL.—Not later than the date that is
90 days before the program effective date, and not
later than November 1 each year thereafter, the
Authority shall determine and provide to each State

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Deadlines.
Determination.

PUBL260B

134 STAT. 3256

Federal Register,
publication.

Deadline.

Regulations.

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Termination
date.

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racing commission the estimated amount required from
the State—
(I) to fund the State’s proportionate share of
the horseracing anti-doping and medication control
program and the racetrack safety program for the
next calendar year; and
(II) to liquidate the State’s proportionate share
of any loan or funding shortfall in the current
calendar year and any previous calendar year.
(ii) BASIS OF CALCULATION.—The amounts calculated under clause (i) shall—
(I) be based on—
(aa) the annual budget of the Authority
for the following calendar year, as approved
by the Board; and
(bb) the projected amount of covered
racing starts for the year in each State; and
(II) take into account other sources of
Authority revenue.
(iii) REQUIREMENTS REGARDING BUDGETS OF
AUTHORITY.—
(I) INITIAL BUDGET.—The initial budget of the
Authority shall require the approval of 2⁄3 of the
Board.
(II) SUBSEQUENT BUDGETS.—Any subsequent
budget that exceeds the budget of the preceding
calendar year by more than 5 percent shall require
the approval of 2⁄3 of the Board.
(iv) RATE INCREASES.—
(I) IN GENERAL.—A proposed increase in the
amount required under this subparagraph shall
be reported to the Commission.
(II) NOTICE AND COMMENT.—The Commission
shall publish in the Federal Register such a proposed increase and provide an opportunity for
public comment.
(2) ASSESSMENT AND COLLECTION OF FEES BY STATES.—
(A) NOTICE OF ELECTION.—Any State racing commission that elects to remit fees pursuant to this subsection
shall notify the Authority of such election not later than
60 days before the program effective date.
(B) REQUIREMENT TO REMIT FEES.—After a State racing
commission makes a notification under subparagraph (A),
the election shall remain in effect and the State racing
commission shall be required to remit fees pursuant to
this subsection according to a schedule established in rule
developed by the Authority and approved by the Commission.
(C) WITHDRAWAL OF ELECTION.—A State racing
commission may cease remitting fees under this subsection
not earlier than one year after notifying the Authority
of the intent of the State racing commission to do so.
(D) DETERMINATION OF METHODS.—Each State racing
commission shall determine, subject to the applicable laws,
regulations, and contracts of the State, the method by
which the requisite amount of fees, such as foal registration
fees, sales contributions, starter fees, and track fees, and

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other fees on covered persons, shall be allocated, assessed,
and collected.
(3) ASSESSMENT AND COLLECTION OF FEES BY THE
AUTHORITY.—
(A) CALCULATION.—If a State racing commission does
not elect to remit fees pursuant to paragraph (2) or withdraws its election under such paragraph, the Authority
shall, not less frequently than monthly, calculate the
applicable fee per racing start multiplied by the number
of racing starts in the State during the preceding month.
(B) ALLOCATION.—The Authority shall allocate equitably the amount calculated under subparagraph (A) collected among covered persons involved with covered
horseraces pursuant to such rules as the Authority may
promulgate.
(C) ASSESSMENT AND COLLECTION.—
(i) IN GENERAL.—The Authority shall assess a fee
equal to the allocation made under subparagraph (B)
and shall collect such fee according to such rules as
the Authority may promulgate.
(ii) REMITTANCE OF FEES.—Covered persons
described in subparagraph (B) shall be required to
remit such fees to the Authority.
(D) LIMITATION.—A State racing commission that does
not elect to remit fees pursuant to paragraph (2) or that
withdraws its election under such paragraph shall not
impose or collect from any person a fee or tax relating
to anti-doping and medication control or racetrack safety
matters for covered horseraces.
(4) FEES AND FINES.—Fees and fines imposed by the
Authority shall be allocated toward funding of the Authority
and its activities.
(5) RULE OF CONSTRUCTION.—Nothing in this Act shall
be construed to require—
(A) the appropriation of any amount to the Authority;
or
(B) the Federal Government to guarantee the debts
of the Authority.
(g) QUORUM.—For all items where Board approval is required,
the Authority shall have present a majority of independent members.

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SEC. 1204. FEDERAL TRADE COMMISSION OVERSIGHT.

Time period.

15 USC 3053.

(a) IN GENERAL.—The Authority shall submit to the Commission, in accordance with such rules as the Commission may prescribe under section 553 of title 5, United States Code, any proposed
rule, or proposed modification to a rule, of the Authority relating
to—
(1) the bylaws of the Authority;
(2) a list of permitted and prohibited medications, substances, and methods, including allowable limits of permitted
medications, substances, and methods;
(3) laboratory standards for accreditation and protocols;
(4) standards for racing surface quality maintenance;
(5) racetrack safety standards and protocols;
(6) a program for injury and fatality data analysis;

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Federal Register,
publication.

Deadlines.

Recommendations.

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(7) a program of research and education on safety, performance, and anti-doping and medication control;
(8) a description of safety, performance, and anti-doping
and medication control rule violations applicable to covered
horses and covered persons;
(9) a schedule of civil sanctions for violations;
(10) a process or procedures for disciplinary hearings; and
(11) a formula or methodology for determining assessments
described in section 1203(f).
(b) PUBLICATION AND COMMENT.—
(1) IN GENERAL.—The Commission shall—
(A) publish in the Federal Register each proposed rule
or modification submitted under subsection (a); and
(B) provide an opportunity for public comment.
(2) APPROVAL REQUIRED.—A proposed rule, or a proposed
modification to a rule, of the Authority shall not take effect
unless the proposed rule or modification has been approved
by the Commission.
(c) DECISION ON PROPOSED RULE OR MODIFICATION TO A RULE.—
(1) IN GENERAL.—Not later than 60 days after the date
on which a proposed rule or modification is published in the
Federal Register, the Commission shall approve or disapprove
the proposed rule or modification.
(2) CONDITIONS.—The Commission shall approve a proposed
rule or modification if the Commission finds that the proposed
rule or modification is consistent with—
(A) this Act; and
(B) applicable rules approved by the Commission.
(3) REVISION OF PROPOSED RULE OR MODIFICATION.—
(A) IN GENERAL.—In the case of disapproval of a proposed rule or modification under this subsection, not later
than 30 days after the issuance of the disapproval, the
Commission shall make recommendations to the Authority
to modify the proposed rule or modification.
(B) RESUBMISSION.—The Authority may resubmit for
approval by the Commission a proposed rule or modification
that incorporates the modifications recommended under
subparagraph (A).
(d) PROPOSED STANDARDS AND PROCEDURES.—
(1) IN GENERAL.—The Authority shall submit to the
Commission any proposed rule, standard, or procedure developed by the Authority to carry out the horseracing anti-doping
and medication control program or the racetrack safety program.
(2) NOTICE AND COMMENT.—The Commission shall publish
in the Federal Register any such proposed rule, standard, or
procedure and provide an opportunity for public comment.
(e) INTERIM FINAL RULES.—The Commission may adopt an
interim final rule, to take effect immediately, under conditions
specified in section 553(b)(B) of title 5, United States Code, if
the Commission finds that such a rule is necessary to protect—
(1) the health and safety of covered horses; or
(2) the integrity of covered horseraces and wagering on
those horseraces.

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134 STAT. 3259

SEC. 1205. JURISDICTION OF THE COMMISSION AND THE HORSERACING INTEGRITY AND SAFETY AUTHORITY.

15 USC 3054.

(a) IN GENERAL.—Beginning on the program effective date,
the Commission, the Authority, and the anti-doping and medication
control enforcement agency, each within the scope of their powers
and responsibilities under this Act, as limited by subsection (j),
shall—
(1) implement and enforce the horseracing anti-doping and
medication control program and the racetrack safety program;
(2) exercise independent and exclusive national authority
over—
(A) the safety, welfare, and integrity of covered horses,
covered persons, and covered horseraces; and
(B) all horseracing safety, performance, and antidoping and medication control matters for covered horses,
covered persons, and covered horseraces; and
(3) have safety, performance, and anti-doping and medication control authority over covered persons similar to such
authority of the State racing commissions before the program
effective date.
(b) PREEMPTION.—The rules of the Authority promulgated in
accordance with this Act shall preempt any provision of State
law or regulation with respect to matters within the jurisdiction
of the Authority under this Act, as limited by subsection (j). Nothing
contained in this Act shall be construed to limit the authority
of the Commission under any other provision of law.
(c) DUTIES.—
(1) IN GENERAL.—The Authority—
(A) shall develop uniform procedures and rules authorizing—
(i) access to offices, racetrack facilities, other places
of business, books, records, and personal property of
covered persons that are used in the care, treatment,
training, and racing of covered horses;
(ii) issuance and enforcement of subpoenas and
subpoenas duces tecum; and
(iii) other investigatory powers of the nature and
scope exercised by State racing commissions before
the program effective date; and
(B) with respect to an unfair or deceptive act or practice
described in section 1210, may recommend that the
Commission commence an enforcement action.
(2) APPROVAL OF COMMISSION.—The procedures and rules
developed under paragraph (1)(A) shall be subject to approval
by the Commission in accordance with section 1204.
(d) REGISTRATION OF COVERED PERSONS WITH AUTHORITY.—
(1) IN GENERAL.—As a condition of participating in covered
races and in the care, ownership, treatment, and training of
covered horses, a covered person shall register with the
Authority in accordance with rules promulgated by the
Authority and approved by the Commission in accordance with
section 1204.
(2) AGREEMENT WITH RESPECT TO AUTHORITY RULES, STANDARDS, AND PROCEDURES.—Registration under this subsection
shall include an agreement by the covered person to be subject
to and comply with the rules, standards, and procedures developed and approved under subsection (c).

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134 STAT. 3260

(3) COOPERATION.—A covered person registered under this
subsection shall, at all times—
(A) cooperate with the Commission, the Authority, the
anti-doping and medication control enforcement agency,
and any respective designee, during any civil investigation;
and
(B) respond truthfully and completely to the best of
the knowledge of the covered person if questioned by the
Commission, the Authority, the anti-doping and medication
control enforcement agency, or any respective designee.
(4) FAILURE TO COMPLY.—Any failure of a covered person
to comply with this subsection shall be a violation of section
1208(a)(2)(G).
(e) ENFORCEMENT OF PROGRAMS.—
(1) ANTI-DOPING AND MEDICATION CONTROL ENFORCEMENT
AGENCY.—
(A) AGREEMENT WITH USADA.—The Authority shall seek
to enter into an agreement with the United States AntiDoping Agency under which the Agency acts as the antidoping and medication control enforcement agency under
this Act for services consistent with the horseracing antidoping and medication control program.
(B) AGREEMENT WITH OTHER ENTITY.—If the Authority
and the United States Anti-Doping Agency are unable to
enter into the agreement described in subparagraph (A),
the Authority shall enter into an agreement with an entity
that is nationally recognized as being a medication regulation agency equal in qualification to the United States
Anti-Doping Agency to act as the anti-doping and medication control enforcement agency under this Act for services
consistent with the horseracing anti-doping and medication
control program.
(C) NEGOTIATIONS.—Any negotiations under this paragraph shall be conducted in good faith and designed to
achieve efficient, effective best practices for anti-doping
and medication control and enforcement on commercially
reasonable terms.
(D) ELEMENTS OF AGREEMENT.—Any agreement under
this paragraph shall include a description of the scope
of work, performance metrics, reporting obligations, and
budgets of the United States Anti-Doping Agency while
acting as the anti-doping and medication control enforcement agency under this Act, as well as a provision for
the revision of the agreement to increase in the scope
of work as provided for in subsection (k), and any other
matter the Authority considers appropriate.
(E) DUTIES AND POWERS OF ENFORCEMENT AGENCY.—
The anti-doping and medication control enforcement agency
under an agreement under this paragraph shall—
(i) serve as the independent anti-doping and medication control enforcement organization for covered
horses, covered persons, and covered horseraces, implementing the anti-doping and medication control program on behalf of the Authority;
(ii) ensure that covered horses and covered persons
are deterred from using or administering medications,

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134 STAT. 3261

substances, and methods in violation of the rules established in accordance with this Act;
(iii) implement anti-doping education, research,
testing, compliance and adjudication programs
designed to prevent covered persons and covered horses
from using or administering medications, substances,
and methods in violation of the rules established in
accordance with this Act;
(iv) exercise the powers specified in section
1206(c)(4) in accordance with that section; and
(v) implement and undertake any other responsibilities specified in the agreement.
(F) TERM AND EXTENSION.—
(i) TERM OF INITIAL AGREEMENT.—The initial
agreement entered into by the Authority under this
paragraph shall be in effect for the 5-year period beginning on the program effective date.
(ii) EXTENSION.—At the end of the 5-year period
described in clause (i), the Authority may—
(I) extend the term of the initial agreement
under this paragraph for such additional term as
is provided by the rules of the Authority and consistent with this Act; or
(II) enter into an agreement meeting the
requirements of this paragraph with an entity
described by subparagraph (B) for such term as
is provided by such rules and consistent with this
Act.
(2) AGREEMENTS FOR ENFORCEMENT BY STATE RACING
COMMISSIONS.—
(A) STATE RACING COMMISSIONS.—
(i) RACETRACK SAFETY PROGRAM.—The Authority
may enter into agreements with State racing commissions for services consistent with the enforcement of
the racetrack safety program.
(ii) ANTI-DOPING AND MEDICATION CONTROL PROGRAM.—The
anti-doping and medication control
enforcement agency may enter into agreements with
State racing commissions for services consistent with
the enforcement of the anti-doping and medication control program.
(B) ELEMENTS OF AGREEMENTS.—Any agreement under
this paragraph shall include a description of the scope
of work, performance metrics, reporting obligations,
budgets, and any other matter the Authority considers
appropriate.
(3) ENFORCEMENT OF STANDARDS.—The Authority may
coordinate with State racing commissions and other State regulatory agencies to monitor and enforce racetrack compliance
with the standards developed under paragraphs (1) and (2)
of section 1207(c).
(f) PROCEDURES WITH RESPECT TO RULES OF AUTHORITY.—
(1) ANTI-DOPING AND MEDICATION CONTROL.—
(A) IN GENERAL.—Recommendations for rules
regarding anti-doping and medication control shall be
developed in accordance with section 1206.

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Coordination.

Recommendations.

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PUBLIC LAW 116–260—DEC. 27, 2020

(B) CONSULTATION.—The anti-doping and medication
control enforcement agency shall consult with the antidoping and medication control standing committee and the
Board of the Authority on all anti-doping and medication
control rules of the Authority.
(2) RACETRACK SAFETY.—Recommendations for rules
regarding racetrack safety shall be developed by the racetrack
safety standing committee of the Authority.
(g) ISSUANCE OF GUIDANCE.—
(1) The Authority may issue guidance that—
(A) sets forth—
(i) an interpretation of an existing rule, standard,
or procedure of the Authority; or
(ii) a policy or practice with respect to the administration or enforcement of such an existing rule,
standard, or procedure; and
(B) relates solely to—
(i) the administration of the Authority; or
(ii) any other matter, as specified by the Commission, by rule, consistent with the public interest and
the purposes of this subsection.
(2) SUBMITTAL TO COMMISSION.—The Authority shall
submit to the Commission any guidance issued under paragraph (1).
(3) IMMEDIATE EFFECT.—Guidance issued under paragraph
(1) shall take effect on the date on which the guidance is
submitted to the Commission under paragraph (2).
(h) SUBPOENA AND INVESTIGATORY AUTHORITY.—The Authority
shall have subpoena and investigatory authority with respect to
civil violations committed under its jurisdiction.
(i) CIVIL PENALTIES.—The Authority shall develop a list of
civil penalties with respect to the enforcement of rules for covered
persons and covered horseraces under its jurisdiction.
(j) CIVIL ACTIONS.—
(1) IN GENERAL.—In addition to civil sanctions imposed
under section 1208, the Authority may commence a civil action
against a covered person or racetrack that has engaged, is
engaged, or is about to engage, in acts or practices constituting
a violation of this Act or any rule established under this Act
in the proper district court of the United States, the United
States District Court for the District of Columbia, or the United
States courts of any territory or other place subject to the
jurisdiction of the United States, to enjoin such acts or practices, to enforce any civil sanctions imposed under that section,
and for all other relief to which the Authority may be entitled.
(2) INJUNCTIONS AND RESTRAINING ORDERS.—With respect
to a civil action commenced under paragraph (1), upon a proper
showing, a permanent or temporary injunction or restraining
order shall be granted without bond.
(k) LIMITATIONS ON AUTHORITY.—
(1) PROSPECTIVE APPLICATION.—The jurisdiction and
authority of the Authority and the Commission with respect
to the horseracing anti-doping and medication control program
and the racetrack safety program shall be prospective only.
(2) PREVIOUS MATTERS.—

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 3263

(A) IN GENERAL.—The Authority and the Commission
may not investigate, prosecute, adjudicate, or penalize conduct in violation of the horseracing anti-doping and medication control program and the racetrack safety program
that occurs before the program effective date.
(B) STATE RACING COMMISSION.—With respect to conduct described in subparagraph (A), the applicable State
racing commission shall retain authority until the final
resolution of the matter.
(3) OTHER LAWS UNAFFECTED.—This Act shall not be construed to modify, impair or restrict the operation of the general
laws or regulations, as may be amended from time to time,
of the United States, the States and their political subdivisions
relating to criminal conduct, cruelty to animals, matters unrelated to antidoping, medication control and racetrack and racing
safety of covered horses and covered races, and the use of
medication in human participants in covered races.
(l) ELECTION FOR OTHER BREED COVERAGE UNDER ACT.—
(1) IN GENERAL.—A State racing commission or a breed
governing organization for a breed of horses other than
Thoroughbred horses may elect to have such breed be covered
by this Act by the filing of a designated election form and
subsequent approval by the Authority. A State racing commission may elect to have a breed covered by this Act for the
applicable State only.
(2) ELECTION CONDITIONAL ON FUNDING MECHANISM.—A
commission or organization may not make an election under
paragraph (1) unless the commission or organization has in
place a mechanism to provide sufficient funds to cover the
costs of the administration of this Act with respect to the
horses that will be covered by this Act as a result of the
election.
(3) APPORTIONMENT.—The Authority shall apportion costs
described in paragraph (2) in connection with an election under
paragraph (1) fairly among all impacted segments of the horseracing industry, subject to approval by the Commission in
accordance with section 1204. Such apportionment may not
provide for the allocation of costs or funds among breeds of
horses.

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SEC. 1206. HORSERACING ANTI-DOPING AND MEDICATION CONTROL
PROGRAM.

(a) PROGRAM REQUIRED.—
(1) IN GENERAL.—Not later than the program effective date,
and after notice and an opportunity for public comment in
accordance with section 1204, the Authority shall establish
a horseracing anti-doping and medication control program
applicable to all covered horses, covered persons, and covered
horseraces in accordance with the registration of covered persons under section 1205(d).
(2) CONSIDERATION OF OTHER BREEDS.—In developing the
horseracing anti-doping and medication control program with
respect to a breed of horse that is made subject to this Act
by election of a State racing commission or the breed governing
organization for such horse under section 1205(k), the Authority
shall consider the unique characteristics of such breed.

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Deadline.

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Deadline.

List.

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Consultation.

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(b) CONSIDERATIONS IN DEVELOPMENT OF PROGRAM.—In developing the horseracing anti-doping and medication control program,
the Authority shall take into consideration the following:
(1) Covered horses should compete only when they are
free from the influence of medications, other foreign substances,
and methods that affect their performance.
(2) Covered horses that are injured or unsound should
not train or participate in covered races, and the use of medications, other foreign substances, and treatment methods that
mask or deaden pain in order to allow injured or unsound
horses to train or race should be prohibited.
(3) Rules, standards, procedures, and protocols regulating
medication and treatment methods for covered horses and covered races should be uniform and uniformly administered
nationally.
(4) To the extent consistent with this Act, consideration
should be given to international anti-doping and medication
control standards of the International Federation of Horseracing Authorities and the Principles of Veterinary Medical
Ethics of the American Veterinary Medical Association.
(5) The administration of medications and treatment
methods to covered horses should be based upon an examination
and diagnosis that identifies an issue requiring treatment for
which the medication or method represents an appropriate
component of treatment.
(6) The amount of therapeutic medication that a covered
horse receives should be the minimum necessary to address
the diagnosed health concerns identified during the examination and diagnostic process.
(7) The welfare of covered horses, the integrity of the
sport, and the confidence of the betting public require full
disclosure to regulatory authorities regarding the administration of medications and treatments to covered horses.
(c) ACTIVITIES.—The following activities shall be carried out
under the horseracing anti-doping and medication control program:
(1) STANDARDS FOR ANTI-DOPING AND MEDICATION CONTROL.—Not later than 120 days before the program effective
date, the Authority shall issue, by rule—
(A) uniform standards for—
(i) the administration of medication to covered
horses by covered persons; and
(ii) laboratory testing accreditation and protocols;
and
(B) a list of permitted and prohibited medications,
substances, and methods, including allowable limits of permitted medications, substances, and methods.
(2) REVIEW PROCESS FOR ADMINISTRATION OF MEDICATION.—
The development of a review process for the administration
of any medication to a covered horse during the 48-hour period
preceding the next racing start of the covered horse.
(3) AGREEMENT REQUIREMENTS.—The development of
requirements with respect to agreements under section 1205(e).
(4) ANTI-DOPING AND MEDICATION CONTROL ENFORCEMENT
AGENCY.—
(A) CONTROL RULES, PROTOCOLS, ETC.—Except as provided in paragraph (5), the anti-doping and medication
control program enforcement agency under section 1205(e)

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134 STAT. 3265

shall, in consultation with the anti-doping and medication
control standing committee of the Authority and consistent
with international best practices, develop and recommend
anti-doping and medication control rules, protocols, policies,
and guidelines for approval by the Authority.
(B) RESULTS MANAGEMENT.—The anti-doping and medication control enforcement agency shall conduct and oversee anti-doping and medication control results management, including independent investigations, charging and
adjudication of potential medication control rule violations,
and the enforcement of any civil sanctions for such violations. Any final decision or civil sanction of the anti-doping
and medication control enforcement agency under this
subparagraph shall be the final decision or civil sanction
of the Authority, subject to review in accordance with section 1209.
(C) TESTING.—The anti-doping enforcement agency
shall perform and manage test distribution planning
(including intelligence-based testing), the sample collection
process, and in-competition and out-of-competition testing
(including no-advance-notice testing).
(D) TESTING LABORATORIES.—The anti-doping and
medication control enforcement agency shall accredit
testing laboratories based upon the standards established
under this Act, and shall monitor, test, and audit accredited
laboratories to ensure continuing compliance with accreditation standards.
(5) ANTI-DOPING AND MEDICATION CONTROL STANDING COMMITTEE.—The anti-doping and medication control standing committee shall, in consultation with the anti-doping and medication control enforcement agency, develop lists of permitted and
prohibited medications, methods, and substances for recommendation to, and approval by, the Authority. Any such
list may prohibit the administration of any substance or method
to a horse at any time after such horse becomes a covered
horse if the Authority determines such substance or method
has a long-term degrading effect on the soundness of a horse.
(d) PROHIBITION.—Except as provided in subsections (e) and
(f), the horseracing anti-doping and medication control program
shall prohibit the administration of any prohibited or otherwise
permitted substance to a covered horse within 48 hours of its
next racing start, effective as of the program effective date.
(e) ADVISORY COMMITTEE STUDY AND REPORT.—
(1) IN GENERAL.—Not later than the program effective date,
the Authority shall convene an advisory committee comprised
of horseracing anti-doping and medication control industry
experts, including a member designated by the anti-doping
and medication control enforcement agency, to conduct a study
on the use of furosemide on horses during the 48-hour period
before the start of a race, including the effect of furosemide
on equine health and the integrity of competition and any
other matter the Authority considers appropriate.
(2) REPORT.—Not later than three years after the program
effective date, the Authority shall direct the advisory committee
convened under paragraph (1) to submit to the Authority a
written report on the study conducted under that paragraph

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Lists.
Recommendations.
Determination.

Time period.
Effective date.

Recommendations.

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Applicability.
Effective date.

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that includes recommended changes, if any, to the prohibition
in subsection (d).
(3) MODIFICATION OF PROHIBITION.—
(A) IN GENERAL.—After receipt of the report required
by paragraph (2), the Authority may, by unanimous vote
of the Board of the Authority, modify the prohibition in
subsection (d) and, notwithstanding subsection (f), any such
modification shall apply to all States beginning on the
date that is three years after the program effective date.
(B) CONDITION.—In order for a unanimous vote
described in subparagraph (A) to effect a modification of
the prohibition in subsection (d), the vote must include
unanimous adoption of each of the following findings:
(i) That the modification is warranted.
(ii) That the modification is in the best interests
of horse racing.
(iii) That furosemide has no performance
enhancing effect on individual horses.
(iv) That public confidence in the integrity and
safety of racing would not be adversely affected by
the modification.
(f) EXEMPTION.—
(1) IN GENERAL.—Except as provided in paragraph (2), only
during the three-year period beginning on the program effective
date, a State racing commission may submit to the Authority,
at such time and in such manner as the Authority may require,
a request for an exemption from the prohibition in subsection
(d) with respect to the use of furosemide on covered horses
during such period.
(2) EXCEPTIONS.—An exemption under paragraph (1) may
not be requested for—
(A) two-year-old covered horses; or
(B) covered horses competing in stakes races.
(3) CONTENTS OF REQUEST.—A request under paragraph
(1) shall specify the applicable State racing commission’s
requested limitations on the use of furosemide that would apply
to the State under the horseracing anti-doping and medication
control program during such period. Such limitations shall be
no less restrictive on the use and administration of furosemide
than the restrictions set forth in State’s laws and regulations
in effect as of September 1, 2020.
(4) GRANT OF EXEMPTION.—Subject to subsection (e)(3), the
Authority shall grant an exemption requested under paragraph
(1) for the remainder of such period and shall allow the use
of furosemide on covered horses in the applicable State, in
accordance with the requested limitations.
(g) BASELINE ANTI-DOPING AND MEDICATION CONTROL RULES.—
(1) IN GENERAL.—Subject to paragraph (3), the baseline
anti-doping and medication control rules described in paragraph
(2) shall—
(A) constitute the initial rules of the horseracing antidoping and medication control program; and
(B) except as exempted pursuant to subsections (e)
and (f), remain in effect at all times after the program
effective date.
(2) BASELINE ANTI-DOPING MEDICATION CONTROL RULES
DESCRIBED.—

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(A) IN GENERAL.—The baseline anti-doping and medication control rules described in this paragraph are the following:
(i) The lists of permitted and prohibited substances
(including drugs, medications, and naturally occurring
substances and synthetically occurring substances) in
effect for the International Federation of Horseracing
Authorities, including the International Federation of
Horseracing Authorities International Screening
Limits for urine, dated May 2019, and the International Federation of Horseracing Authorities International Screening Limits for plasma, dated May 2019.
(ii) The World Anti-Doping Agency International
Standard for Laboratories (version 10.0), dated
November 12, 2019.
(iii) The Association of Racing Commissioners
International out-of-competition testing standards,
Model Rules of Racing (version 9.2).
(iv) The Association of Racing Commissioners
International penalty and multiple medication violation rules, Model Rules of Racing (version 6.2).
(B) CONFLICT OF RULES.—In the case of a conflict
among the rules described in subparagraph (A), the most
stringent rule shall apply.
(3) MODIFICATIONS TO BASELINE RULES.—
(A) DEVELOPMENT BY ANTI-DOPING AND MEDICATION
CONTROL STANDING COMMITTEE.—The anti-doping and
medication control standing committee, in consultation
with the anti-doping and medication control enforcement
agency, may develop and submit to the Authority for
approval by the Authority proposed modifications to the
baseline anti-doping and medication control rules.
(B) AUTHORITY APPROVAL.—If the Authority approves
a proposed modification under this paragraph, the proposed
modification shall be submitted to and considered by the
Commission in accordance with section 1204.
(C) ANTI-DOPING AND MEDICATION CONTROL ENFORCEMENT AGENCY VETO AUTHORITY.—The Authority shall not
approve any proposed modification that renders an antidoping and medication control rule less stringent than the
baseline anti-doping and medication control rules described
in paragraph (2) (including by increasing permitted medication thresholds, adding permitted medications, removing
prohibited medications, or weakening enforcement mechanisms) without the approval of the anti-doping and medication control enforcement agency.

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SEC. 1207. RACETRACK SAFETY PROGRAM.

15 USC 3056.

(a) ESTABLISHMENT AND CONSIDERATIONS.—
(1) IN GENERAL.—Not later than the program effective date,
and after notice and an opportunity for public comment in
accordance with section 1204, the Authority shall establish
a racetrack safety program applicable to all covered horses,
covered persons, and covered horseraces in accordance with
the registration of covered persons under section 1205(d).
(2) CONSIDERATIONS IN DEVELOPMENT OF SAFETY PROGRAM.—In the development of the horseracing safety program

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for covered horses, covered persons, and covered horseraces,
the Authority and the Commission shall take into consideration
existing safety standards including the National Thoroughbred
Racing Association Safety and Integrity Alliance Code of Standards, the International Federation of Horseracing Authority’s
International Agreement on Breeding, Racing, and Wagering,
and the British Horseracing Authority’s Equine Health and
Welfare program.
(b) ELEMENTS OF HORSERACING SAFETY PROGRAM.—The horseracing safety program shall include the following:
(1) A set of training and racing safety standards and protocols taking into account regional differences and the character
of differing racing facilities.
(2) A uniform set of training and racing safety standards
and protocols consistent with the humane treatment of covered
horses, which may include lists of permitted and prohibited
practices or methods (such as crop use).
(3) A racing surface quality maintenance system that—
(A) takes into account regional differences and the
character of differing racing facilities; and
(B) may include requirements for track surface design
and consistency and established standard operating procedures related to track surface, monitoring, and maintenance (such as standardized seasonal assessment, daily
tracking, and measurement).
(4) A uniform set of track safety standards and protocols,
that may include rules governing oversight and movement of
covered horses and human and equine injury reporting and
prevention.
(5) Programs for injury and fatality data analysis, that
may include pre- and post-training and race inspections, use
of a veterinarian’s list, and concussion protocols.
(6) The undertaking of investigations at racetrack and nonracetrack facilities related to safety violations.
(7) Procedures for investigating, charging, and adjudicating
violations and for the enforcement of civil sanctions for violations.
(8) A schedule of civil sanctions for violations.
(9) Disciplinary hearings, which may include binding
arbitration, civil sanctions, and research.
(10) Management of violation results.
(11) Programs relating to safety and performance research
and education.
(12) An evaluation and accreditation program that ensures
that racetracks in the United States meet the standards
described in the elements of the Horseracing Safety Program.
(c) ACTIVITIES.—The following activities shall be carried out
under the racetrack safety program:
(1) STANDARDS FOR RACETRACK SAFETY.—The development,
by the racetrack safety standing committee of the Authority
in section 1203(c)(2) of uniform standards for racetrack and
horseracing safety.
(2) STANDARDS FOR SAFETY AND PERFORMANCE ACCREDITATION.—
(A) IN GENERAL.—Not later than 120 days before the
program effective date, the Authority, in consultation with

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134 STAT. 3269

the racetrack safety standing committee, shall issue, by
rule in accordance with section 1204—
(i) safety and performance standards of accreditation for racetracks; and
(ii) the process by which a racetrack may achieve
and maintain accreditation by the Authority.
(B) MODIFICATIONS.—
(i) IN GENERAL.—The Authority may modify rules
establishing the standards issued under subparagraph
(A), as the Authority considers appropriate.
(ii) NOTICE AND COMMENT.—The Commission shall
publish in the Federal Register any proposed rule of
the Authority, and provide an opportunity for public
comment with respect to, any modification under clause
(i) in accordance with section 1204.
(C) EXTENSION OF PROVISIONAL OR INTERIM ACCREDITATION.—The Authority may, by rule in accordance with section 1204, extend provisional or interim accreditation to
a racetrack accredited by the National Thoroughbred
Racing Association Safety and Integrity Alliance on a date
before the program effective date.
(3) NATIONWIDE SAFETY AND PERFORMANCE DATABASE.—
(A) IN GENERAL.—Not later than one year after the
program effective date, and after notice and an opportunity
for public comment in accordance with section 1204, the
Authority, in consultation with the Commission, shall
develop and maintain a nationwide database of racehorse
safety, performance, health, and injury information for the
purpose of conducting an epidemiological study.
(B) COLLECTION OF INFORMATION.—In accordance with
the registration of covered persons under section 1205(d),
the Authority may require covered persons to collect and
submit to the database described in subparagraph (A) such
information as the Authority may require to further the
goal of increased racehorse welfare.

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SEC. 1208. RULE VIOLATIONS AND CIVIL SANCTIONS.

Federal Register,
publication.

15 USC 3057.

(a) DESCRIPTION OF RULE VIOLATIONS.—
(1) IN GENERAL.—The Authority shall issue, by rule in
accordance with section 1204, a description of safety, performance, and anti-doping and medication control rule violations
applicable to covered horses and covered persons.
(2) ELEMENTS.—The description of rule violations established under paragraph (1) may include the following:
(A) With respect to a covered horse, strict liability
for covered trainers for—
(i) the presence of a prohibited substance or
method in a sample or the use of a prohibited substance
or method;
(ii) the presence of a permitted substance in a
sample in excess of the amount allowed by the horseracing anti-doping and medication control program;
and
(iii) the use of a permitted method in violation
of the applicable limitations established under the
horseracing anti-doping and medication control program.

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134 STAT. 3270

(B) Attempted use of a prohibited substance or method
on a covered horse.
(C) Possession of any prohibited substance or method.
(D) Attempted possession of any prohibited substance
or method.
(E) Administration or attempted administration of any
prohibited substance or method on a covered horse.
(F) Refusal or failure, without compelling justification,
to submit a covered horse for sample collection.
(G) Failure to cooperate with the Authority or an agent
of the Authority during any investigation.
(H) Failure to respond truthfully, to the best of a
covered person’s knowledge, to a question of the Authority
or an agent of the Authority with respect to any matter
under the jurisdiction of the Authority.
(I) Tampering or attempted tampering with the
application of the safety, performance, or anti-doping and
medication control rules or process adopted by the
Authority, including—
(i) the intentional interference, or an attempt to
interfere, with an official or agent of the Authority;
(ii) the procurement or the provision of fraudulent
information to the Authority or agent; and
(iii) the intimidation of, or an attempt to intimidate, a potential witness.
(J) Trafficking or attempted trafficking in any prohibited substance or method.
(K) Assisting, encouraging, aiding, abetting, conspiring,
covering up, or any other type of intentional complicity
involving a safety, performance, or anti-doping and medication control rule violation or the violation of a period of
suspension or eligibility.
(L) Threatening or seeking to intimidate a person with
the intent of discouraging the person from the good faith
reporting to the Authority, an agent of the Authority or
the Commission, or the anti-doping and medication control
enforcement agency under section 1205(e), of information
that relates to—
(i) an alleged safety, performance, or anti-doping
and medication control rule violation; or
(ii) alleged noncompliance with a safety, performance, or anti-doping and medication control rule.
(b) TESTING LABORATORIES.—
(1) ACCREDITATION AND STANDARDS.—Not later than 120
days before the program effective date, the Authority shall,
in consultation with the anti-doping and medication control
enforcement agency, establish, by rule in accordance with section 1204—
(A) standards of accreditation for laboratories involved
in testing samples from covered horses;
(B) the process for achieving and maintaining accreditation; and
(C) the standards and protocols for testing such samples.
(2) ADMINISTRATION.—The accreditation of laboratories and
the conduct of audits of accredited laboratories to ensure compliance with Authority rules shall be administered by the anti-

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134 STAT. 3271

doping and medication control enforcement agency. The antidoping and medication control enforcement agency shall have
the authority to require specific test samples to be directed
to and tested by laboratories having special expertise in the
required tests.
(3) EXTENSION OF PROVISIONAL OR INTERIM ACCREDITATION.—The Authority may, by rule in accordance with section
1204, extend provisional or interim accreditation to a laboratory
accredited by the Racing Medication and Testing Consortium,
Inc., on a date before the program effective date.
(4) SELECTION OF LABORATORIES.—
(A) IN GENERAL.—Except as provided in paragraph (2),
a State racing commission may select a laboratory accredited in accordance with the standards established under
paragraph (1) to test samples taken in the applicable State.
(B) SELECTION BY THE AUTHORITY.—If a State racing
commission does not select an accredited laboratory under
subparagraph (A), the Authority shall select such a laboratory to test samples taken in the State concerned.
(c) RESULTS MANAGEMENT AND DISCIPLINARY PROCESS.—
(1) IN GENERAL.—Not later than 120 days before the program effective date, the Authority shall establish in accordance
with section 1204—
(A) rules for safety, performance, and anti-doping and
medication control results management; and
(B) the disciplinary process for safety, performance,
and anti-doping and medication control rule violations.
(2) ELEMENTS.—The rules and process established under
paragraph (1) shall include the following:
(A) Provisions for notification of safety, performance,
and anti-doping and medication control rule violations.
(B) Hearing procedures.
(C) Standards for burden of proof.
(D) Presumptions.
(E) Evidentiary rules.
(F) Appeals.
(G) Guidelines for confidentiality and public reporting
of decisions.
(3) DUE PROCESS.—The rules established under paragraph
(1) shall provide for adequate due process, including impartial
hearing officers or tribunals commensurate with the seriousness
of the alleged safety, performance, or anti-doping and medication control rule violation and the possible civil sanctions for
such violation.
(d) CIVIL SANCTIONS.—
(1) IN GENERAL.—The Authority shall establish uniform
rules, in accordance with section 1204, imposing civil sanctions
against covered persons or covered horses for safety, performance, and anti-doping and medication control rule violations.
(2) REQUIREMENTS.—The rules established under paragraph (1) shall—
(A) take into account the unique aspects of horseracing;
(B) be designed to ensure fair and transparent
horseraces; and
(C) deter safety, performance, and anti-doping and
medication control rule violations.

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134 STAT. 3272

PUBLIC LAW 116–260—DEC. 27, 2020

(3) SEVERITY.—The civil sanctions under paragraph (1) may
include—
(A) lifetime bans from horseracing, disgorgement of
purses, monetary fines and penalties, and changes to the
order of finish in covered races; and
(B) with respect to anti-doping and medication control
rule violators, an opportunity to reduce the applicable civil
sanctions that is comparable to the opportunity provided
by the Protocol for Olympic Movement Testing of the
United States Anti-Doping Agency.
(e) MODIFICATIONS.—The Authority may propose a modification
to any rule established under this section as the Authority considers
appropriate, and the proposed modification shall be submitted to
and considered by the Commission in accordance with section 1204.
15 USC 3058.

Deadline.

Determination.

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SEC. 1209. REVIEW OF FINAL DECISIONS OF THE AUTHORITY.

(a) NOTICE OF CIVIL SANCTIONS.— If the Authority imposes
a final civil sanction for a violation committed by a covered person
pursuant to the rules or standards of the Authority, the Authority
shall promptly submit to the Commission notice of the civil sanction
in such form as the Commission may require.
(b) REVIEW BY ADMINISTRATIVE LAW JUDGE.—
(1) IN GENERAL.—With respect to a final civil sanction
imposed by the Authority, on application by the Commission
or a person aggrieved by the civil sanction filed not later
than 30 days after the date on which notice under subsection
(a) is submitted, the civil sanction shall be subject to de novo
review by an administrative law judge.
(2) NATURE OF REVIEW.—
(A) IN GENERAL.—In matters reviewed under this subsection, the administrative law judge shall determine
whether—
(i) a person has engaged in such acts or practices,
or has omitted such acts or practices, as the Authority
has found the person to have engaged in or omitted;
(ii) such acts, practices, or omissions are in violation of this Act or the anti-doping and medication
control or racetrack safety rules approved by the
Commission; or
(iii) the final civil sanction of the Authority was
arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.
(B) CONDUCT OF HEARING.—An administrative law
judge shall conduct a hearing under this subsection in
such a manner as the Commission may specify by rule,
which shall conform to section 556 of title 5, United States
Code.
(3) DECISION BY ADMINISTRATIVE LAW JUDGE.—
(A) IN GENERAL.—With respect to a matter reviewed
under this subsection, an administrative law judge—
(i) shall render a decision not later than 60 days
after the conclusion of the hearing;
(ii) may affirm, reverse, modify, set aside, or
remand for further proceedings, in whole or in part,
the final civil sanction of the Authority; and

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134 STAT. 3273

(iii) may make any finding or conclusion that, in
the judgment of the administrative law judge, is proper
and based on the record.
(B) FINAL DECISION.—A decision under this paragraph
shall constitute the decision of the Commission without
further proceedings unless a notice or an application for
review is timely filed under subsection (c).
(c) REVIEW BY COMMISSION.—
(1) NOTICE OF REVIEW BY COMMISSION.—The Commission
may, on its own motion, review any decision of an administrative law judge issued under subsection (b)(3) by providing written notice to the Authority and any interested party not later
than 30 days after the date on which the administrative law
judge issues the decision.
(2) APPLICATION FOR REVIEW.—
(A) IN GENERAL.—The Authority or a person aggrieved
by a decision issued under subsection (b)(3) may petition
the Commission for review of such decision by filing an
application for review not later than 30 days after the
date on which the administrative law judge issues the
decision.
(B) EFFECT OF DENIAL OF APPLICATION FOR REVIEW.—
If an application for review under subparagraph (A) is
denied, the decision of the administrative law judge shall
constitute the decision of the Commission without further
proceedings.
(C) DISCRETION OF COMMISSION.—
(i) IN GENERAL.—A decision with respect to
whether to grant an application for review under
subparagraph (A) is subject to the discretion of the
Commission.
(ii) MATTERS TO BE CONSIDERED.—In determining
whether to grant such an application for review, the
Commission shall consider whether the application
makes a reasonable showing that—
(I) a prejudicial error was committed in the
conduct of the proceeding; or
(II) the decision involved—
(aa) an erroneous application of the antidoping and medication control or racetrack
safety rules approved by the Commission; or
(bb) an exercise of discretion or a decision
of law or policy that warrants review by the
Commission.
(3) NATURE OF REVIEW.—
(A) IN GENERAL.—In matters reviewed under this subsection, the Commission may—
(i) affirm, reverse, modify, set aside, or remand
for further proceedings, in whole or in part, the decision
of the administrative law judge; and
(ii) make any finding or conclusion that, in the
judgement of the Commission, is proper and based
on the record.
(B) DE NOVO REVIEW.—The Commission shall review
de novo the factual findings and conclusions of law made
by the administrative law judge.
(C) CONSIDERATION OF ADDITIONAL EVIDENCE.—

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134 STAT. 3274

PUBLIC LAW 116–260—DEC. 27, 2020

(i) MOTION BY COMMISSION.—The Commission
may, on its own motion, allow the consideration of
additional evidence.
(ii) MOTION BY A PARTY.—
(I) IN GENERAL.—A party may file a motion
to consider additional evidence at any time before
the issuance of a decision by the Commission,
which shall show, with particularity, that—
(aa) such additional evidence is material;
and
(bb) there were reasonable grounds for
failure to submit the evidence previously.
(II) PROCEDURE.—The Commission may—
(aa) accept or hear additional evidence;
or
(bb) remand the proceeding to the
administrative law judge for the consideration
of additional evidence.
(d) STAY OF PROCEEDINGS.—Review by an administrative law
judge or the Commission under this section shall not operate as
a stay of a final civil sanction of the Authority unless the administrative law judge or Commission orders such a stay.
15 USC 3059.

Determination.

15 USC 3060.

SEC. 1210. UNFAIR OR DECEPTIVE ACTS OR PRACTICES.

The sale of a covered horse, or of any other horse in anticipation
of its future participation in a covered race, shall be considered
an unfair or deceptive act or practice in or affecting commerce
under section 5(a) of the Federal Trade Commission Act (15 U.S.C.
45(a)) if the seller—
(1) knows or has reason to know the horse has been
administered—
(A) a bisphosphonate prior to the horse’s fourth birthday; or
(B) any other substance or method the Authority determines has a long-term degrading effect on the soundness
of the covered horse; and
(2) fails to disclose to the buyer the administration of
the bisphosphonate or other substance or method described
in paragraph (1)(B).
SEC. 1211. STATE DELEGATION; COOPERATION.

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(a) STATE DELEGATION.—
(1) IN GENERAL.—The Authority may enter into an agreement with a State racing commission to implement, within
the jurisdiction of the State racing commission, a component
of the racetrack safety program or, with the concurrence of
the anti-doping and medication control enforcement agency
under section 1205(e), a component of the horseracing antidoping and medication control program, if the Authority determines that the State racing commission has the ability to
implement such component in accordance with the rules, standards, and requirements established by the Authority.
(2) IMPLEMENTATION BY STATE RACING COMMISSION.—A
State racing commission or other appropriate regulatory body
of a State may not implement such a component in a manner
less restrictive than the rule, standard, or requirement established by the Authority.

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(b) COOPERATION.—To avoid duplication of functions, facilities,
and personnel, and to attain closer coordination and greater
effectiveness and economy in administration of Federal and State
law, where conduct by any person subject to the horseracing medication control program or the racetrack safety program may involve
both a medication control or racetrack safety rule violation and
violation of Federal or State law, the Authority and Federal or
State law enforcement authorities shall cooperate and share
information.
SEC. 1212. DETERMINATION OF BUDGETARY EFFECTS.

The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined
by reference to the latest statement titled ‘‘Budgetary Effects of
PAYGO Legislation’’ for this Act, submitted for printing in the
Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior
to the vote on passage.

TITLE XIII—COMMUNITY
DEVELOPMENT BLOCK GRANTS
SEC. 1301. COMMUNITY DEVELOPMENT BLOCK GRANTS.

(a) IN GENERAL.—Funds previously made available in chapter
9 of title X of the Disaster Relief Appropriations Act, 2013 (Public
Law 113–2, division A; 127 Stat. 36) under the heading ‘‘DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT—Community
Planning and Development—Community Development Fund’’ that
were available for obligation through fiscal year 2017 are to remain
available through fiscal year 2023 for the liquidation of valid obligations incurred in fiscal years 2013 through 2017.
(b) EMERGENCY.—Amounts repurposed pursuant to this section
that were previously designated by the Congress as an emergency
requirement pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 are designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.

TITLE XIV—COVID–19 CONSUMER
PROTECTION ACT

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SEC. 1401. PROHIBITING DECEPTIVE ACTS OR PRACTICES IN CONNECTION WITH THE NOVEL CORONAVIRUS.

(a) SHORT TITLE.—This section may be cited as the ‘‘COVID–
19 Consumer Protection Act’’.
(b) IN GENERAL.—For the duration of a public health emergency
declared pursuant to section 319 of the Public Health Service Act
(42 U.S.C. 247d) as a result of confirmed cases of the 2019 novel
coronavirus (COVID–19), including any renewal thereof, it shall
be unlawful for any person, partnership, or corporation to engage
in a deceptive act or practice in or affecting commerce in violation
of section 5(a) of the Federal Trade Commission Act (15 U.S.C.
45(a)) that is associated with—

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Consumer
Protection Act.
15 USC 45 note.

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134 STAT. 3276

PUBLIC LAW 116–260—DEC. 27, 2020

(1) the treatment, cure, prevention, mitigation, or diagnosis
of COVID–19; or
(2) a government benefit related to COVID–19.
(c) ENFORCEMENT BY THE FEDERAL TRADE COMMISSION.—
(1) VIOLATION.—A violation of subsection (b) shall be
treated as a violation of a rule defining an unfair or deceptive
act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
(2) POWERS OF THE FEDERAL TRADE COMMISSION.—
(A) IN GENERAL.—The Federal Trade Commission shall
enforce subsection (b) in the same manner, by the same
means, and with the same jurisdiction, powers, and duties
as though all applicable terms and provisions of the Federal
Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act.
(B) PRIVILEGES AND IMMUNITIES.—Any person who violates this Act shall be subject to the penalties and entitled
to the privileges and immunities provided in the Federal
Trade Commission Act.
(3) EFFECT ON OTHER LAWS.—Nothing in this Act shall
be construed to limit the authority of the Federal Trade
Commission under any other provision of law.
(d) SEVERABILITY.—If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the
remainder of this Act and the application of such provision to
other persons not similarly situated or to other circumstances shall
not be affected by the invalidation.
American
Competitiveness
Of a More
Productive
Emerging Tech
Economy Act.

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TITLE XV—AMERICAN COMPETE ACT
SEC. 1501. AMERICAN COMPETITIVENESS OF A MORE PRODUCTIVE
EMERGING TECH ECONOMY.

(a) SHORT TITLE.—This title may be cited as the ‘‘American
Competitiveness Of a More Productive Emerging Tech Economy
Act’’ or the ‘‘American COMPETE Act’’.
(b) STUDY TO ADVANCE ARTIFICIAL INTELLIGENCE.—
(1) IN GENERAL.—
(A) STUDY REQUIRED.—Not later than 1 year after the
date of enactment of this Act, the Secretary of Commerce
and the Federal Trade Commission shall complete a study
on the state of the artificial intelligence industry and the
impact of such industry on the United States economy.
(B) REQUIREMENTS FOR STUDY.—In conducting the
study, the Secretary and the Commission shall—
(i) develop and conduct a survey of the artificial
intelligence industry through outreach to participating
entities as appropriate to—
(I) establish a list of industry sectors that
implement and promote the use of artificial intelligence;
(II) establish a list of public-private partnerships focused on promoting the adoption and use
of artificial intelligence, as well as industry-based
bodies, including international bodies, which have
developed, or are developing, mandatory or voluntary standards for artificial intelligence;

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134 STAT. 3277

(III) the status of such industry-based mandatory or voluntary standards; and
(IV) provide a description of the ways entities
or industry sectors implement and promote the
use of artificial intelligence;
(ii) develop a comprehensive list of Federal agencies with jurisdiction over the entities and industry
sectors identified under clause (i);
(iii) identify which Federal agency or agencies
listed under clause (ii) each entity or industry sector
interacts with;
(iv) identify all interagency activities that are
taking place among the Federal agencies listed under
clause (ii), such as working groups or other coordinated
efforts;
(v) develop a brief description of the jurisdiction
and expertise of the Federal agencies listed under
clause (ii) with regard to such entities and industry
sectors;
(vi) identify all regulations, guidelines, mandatory
standards, voluntary standards, and other policies
implemented by each of the Federal agencies identified
under clause (ii), as well as all guidelines, mandatory
standards, voluntary standards, and other policies
implemented by industry-based bodies;
(vii) identify Federal Government resources that
exist for consumers and small businesses to evaluate
the use of artificial intelligence; and
(viii) consult with the Office of Science and Technology Policy and interagency efforts on artificial intelligence to minimize duplication of activities among the
Federal agencies identified under clause (ii).
(2) MARKETPLACE AND SUPPLY CHAIN SURVEY.—The Secretary and Commission shall conduct a survey of the marketplace and supply chain of artificial intelligence to—
(A) identify and assess risks posed to such marketplace
and supply chain;
(B) review the ability of foreign governments or third
parties to exploit the supply chain in a manner that raises
risks to the economic and national security of the United
States; and
(C) identify emerging risks and long-term trends in
such marketplace and supply chain.
(3) REPORT TO CONGRESS.—Not later than 6 months after
the completion of the study required under paragraph (1), the
Secretary and the Commission shall submit to the Committee
on Energy and Commerce and the Committee on Science, Space,
and Technology of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate,
and make publicly available on their respective websites, a
report that contains—
(A) the results of the study conducted pursuant to
paragraph (1) and the survey conducted pursuant to paragraph (2); and
(B) recommendations to—
(i) grow the United States economy through the
secure advancement of artificial intelligence;

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PUBLIC LAW 116–260—DEC. 27, 2020

(ii) develop a national strategy to advance the
United States business sectors’ position in the world
on the adoption of artificial intelligence;
(iii) develop strategies to mitigate current and
emerging risks to the marketplace and supply chain
of artificial intelligence; and
(iv) develop legislation that—
(I) advances the expeditious adoption of artificial intelligence applications in interstate commerce that takes into account findings from available Federal advisory committees that produce recommendations on artificial intelligence to the
extent possible; and
(II) addresses societal priorities related to the
expeditious adoption of artificial intelligence
applications in interstate commerce, including but
not limited to maintaining ethics, reducing bias,
and protecting privacy and security.
(c) STUDY TO ADVANCE INTERNET OF THINGS IN MANUFACTURING.—
(1) IN GENERAL.—
(A) STUDY REQUIRED.—Not later than 1 year after the
date of enactment of this Act, the Secretary of Commerce,
in coordination with the head of any other appropriate
Federal agency, shall complete a study on the use of internet-connected devices and internet-connected solutions in
manufacturing in the United States.
(B) REQUIREMENTS FOR STUDY.—In conducting the
study, the Secretary shall—
(i) develop and conduct a survey of the manufacturing industry through outreach to participating entities as appropriate to—
(I) establish a list of the industry sectors that
implement and promote the use of internet-connected devices and internet-connected solutions in
manufacturing;
(II) establish a list of public-private partnerships focused on promoting the adoption and use
of internet-connected devices and internet-connected solutions in manufacturing, as well as
industry-based bodies, including international
bodies, that have developed, or are developing,
mandatory or voluntary standards for such uses;
(III) the status of such industry-based mandatory or voluntary standards;
(IV) provide a description of the ways entities
or industry sectors implement and promote the
use of internet-connected devices and internet-connected solutions in manufacturing;
(ii) develop a comprehensive list of Federal agencies with jurisdiction over the entities and industry
sectors identified under clause (i);
(iii) identify which Federal agency or agencies
listed under clause (ii) each entity or industry sector
interacts with;
(iv) identify all interagency activities that are
taking place among the Federal agencies listed under

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134 STAT. 3279

clause (ii), such as working groups or other coordinated
efforts;
(v) develop a brief description of the jurisdiction
and expertise of the Federal agencies listed under
clause (ii) with regard to such entities and industry
sectors;
(vi) identify all regulations, guidelines, mandatory
standards, voluntary standards, and other policies
implemented by each of the Federal agencies identified
under clause (ii), as well as all guidelines, mandatory
standards, voluntary standards, and other policies
implemented by industry-based bodies; and
(vii) identify Federal Government resources that
exist for consumers and small businesses to evaluate
the use of internet-connected devices and internet-connected solutions in manufacturing.
(2) MARKETPLACE AND SUPPLY CHAIN SURVEY.—The Secretary shall conduct a survey of the marketplace and supply
chain of internet-connected devices and internet-connected solutions used in manufacturing to—
(A) assess the severity of risks posed to such marketplace and supply chain;
(B) review the ability of foreign governments or third
parties to exploit the supply chain in a manner that raises
risks to the economic and national security of the United
States; and
(C) identify emerging risks and long-term trends in
such marketplace and supply chain.
(3) REPORT TO CONGRESS.—Not later than 6 months after
the completion of the study required pursuant to paragraph
(1), the Secretary shall submit to the Committee on Energy
and Commerce and the Committee on Science, Space, and Technology of the House of Representatives, and the Committee
on Commerce, Science, and Transportation of the Senate, and
make publicly available on the website of the Department of
Commerce, a report that contains—
(A) the results of the study conducted pursuant to
paragraph (1) and the surveys conducted pursuant to paragraph (2); and
(B) recommendations to—
(i) grow the United States economy through the
secure advancement of the use of internet-connected
devices and internet-connected solutions in manufacturing;
(ii) develop a national strategy to advance the
United States business sectors’ position in the world
on the adoption of internet-connected devices and internet-connected solutions used in manufacturing;
(iii) develop strategies to mitigate current and
emerging risks to the marketplace and supply chain
of internet-connected devices and internet-connected
solutions used in manufacturing;
(iv) develop policies that States can adopt to
encourage the growth of manufacturing, including the
use of internet-connected devices and internet-connected solutions in manufacturing; and

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134 STAT. 3280

(v) develop legislation that may advance the
expeditious adoption of the use of internet-connected
devices and internet-connected solutions in manufacturing.
(d) STUDY TO ADVANCE QUANTUM COMPUTING.—
(1) IN GENERAL.—
(A) STUDY REQUIRED.—Not later than 1 year after the
date of enactment of this Act, the Secretary of Commerce
and the Federal Trade Commission shall complete a study
on the state of the quantum computing industry and the
impact of such industry on the United States economy.
(B) REQUIREMENTS FOR STUDY.—In conducting the
study, the Secretary and the Commission shall—
(i) develop and conduct a survey of the quantum
computing industry through outreach to participating
entities as appropriate to—
(I) establish a list of industry sectors that
implement and promote the use of quantum computing;
(II) establish a list of public-private partnerships focused on promoting the adoption and use
of quantum computing, as well as industry-based
bodies, including international bodies, which have
developed, or are developing, mandatory or voluntary standards for quantum computing;
(III) the status of such industry-based mandatory or voluntary standards; and
(IV) provide a description of the ways entities
or industry sectors implement and promote the
use of quantum computing;
(ii) develop a comprehensive list of Federal agencies with jurisdiction over the entities and industry
sectors identified under clause (i);
(iii) identify which Federal agency or agencies
listed under clause (ii) each entity or industry sector
interacts with;
(iv) identify all interagency activities that are
taking place among the Federal agencies listed under
clause (ii), such as working groups or other coordinated
efforts;
(v) develop a brief description of the jurisdiction
and expertise of the Federal agencies listed under
clause (ii) with regard to such entities and industry
sectors;
(vi) identify all regulations, guidelines, mandatory
standards, voluntary standards, and other policies
implemented by each of the Federal agencies identified
under clause (ii), as well as all guidelines, mandatory
standards, voluntary standards, and other policies
implemented by industry-based bodies;
(vii) identify Federal Government resources that
exist for consumers and small businesses to evaluate
the use of quantum computing; and
(viii) consult with the Office of Science and Technology Policy and interagency efforts on quantum
authorized by sections 102 and 103 of the National

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 3281

Quantum Initiative Act (Public Law 115–368) to minimize duplication of activities in this subparagraph
among the Federal agencies listed under clause (ii).
(2) MARKETPLACE AND SUPPLY CHAIN SURVEY.—The Secretary and Commission shall conduct a survey of the marketplace and supply chain of quantum computing to—
(A) assess the severity of risks posed to such marketplace and supply chain;
(B) review the ability of foreign governments or third
parties to exploit the supply chain in a manner that raises
risks to the economic and national security of the United
States; and
(C) identify emerging risks and long-term trends in
such marketplace and supply chain.
(3) REPORT TO CONGRESS.—Not later than 6 months after
the completion of the study required pursuant to paragraph
(1), the Secretary and the Commission shall submit to the
Committee on Energy and Commerce and the Committee on
Science, Space, and Technology of the House of Representatives,
and the Committee on Commerce, Science, and Transportation
of the Senate, and make publicly available on their respective
websites, a report that contains—
(A) the results of the study conducted pursuant to
paragraph (1) and the survey conducted pursuant to paragraph (2); and
(B) recommendations to—
(i) grow the United States economy through the
secure advancement of quantum computing;
(ii) develop a national strategy to advance the
United States business sectors’ position in the world
on the adoption of quantum computing;
(iii) develop strategies to mitigate current and
emerging risks to the marketplace and supply chain
of quantum computing; and
(iv) develop legislation that may advance the
expeditious adoption of quantum computing.
(e) STUDY TO ADVANCE BLOCKCHAIN TECHNOLOGY.—
(1) IN GENERAL.—
(A) STUDY REQUIRED.—Not later than 1 year after the
date of enactment of this Act, the Secretary of Commerce
and the Federal Trade Commission shall complete a study
on the state of the blockchain technology industry and
the impact of such industry on the United States economy.
(B) REQUIREMENTS FOR STUDY.—In conducting the
study, the Secretary and the Commission shall—
(i) develop and conduct a survey of the blockchain
technology industry through outreach to participating
entities as appropriate to—
(I) establish a list of industry sectors that
implement and promote the use of blockchain technology;
(II) establish a list of public-private partnerships focused on promoting the adoption and use
of blockchain technology, as well as industry-based
bodies, including international bodies, which have
developed, or are developing, mandatory or voluntary standards for blockchain technology;

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134 STAT. 3282

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PUBLIC LAW 116–260—DEC. 27, 2020
(III) the status of such industry-based mandatory or voluntary standards; and
(IV) provide a description of the ways entities
or industry sectors implement and promote the
use of blockchain technology;
(ii) develop a comprehensive list of Federal agencies with jurisdiction over the entities and industry
sectors identified under clause (i);
(iii) identify which Federal agency or agencies
listed under clause (ii) each entity or industry sector
interacts with;
(iv) identify all interagency activities that are
taking place among the Federal agencies listed under
clause (ii), such as working groups or other coordinated
efforts;
(v) develop a brief description of the jurisdiction
and expertise of the Federal agencies listed under
clause (ii) with regard to such entities and industry
sectors;
(vi) identify all regulations, guidelines, mandatory
standards, voluntary standards, and other policies
implemented by each of the Federal agencies identified
under clause (ii), as well as all guidelines, mandatory
standards, voluntary standards, and other policies
implemented by industry-based bodies; and
(vii) identify Federal Government resources that
exist for consumers and small businesses to evaluate
the use of blockchain technology.
(2) MARKETPLACE AND SUPPLY CHAIN SURVEY.—The Secretary and Commission shall conduct a survey of the marketplace and supply chain of blockchain technology to—
(A) assess the severity of risks posed to such marketplace and supply chain;
(B) review the ability of foreign governments or third
parties to exploit the supply chain in a manner that raises
risks to the economic and national security of the United
States; and
(C) identify emerging risks and long-term trends in
such marketplace and supply chain.
(3) REPORT TO CONGRESS.—Not later than 6 months after
the completion of the study required pursuant to paragraph
(1), the Secretary and the Commission shall submit to the
Committee on Energy and Commerce and the Committee on
Science, Space, and Technology of the House of Representatives,
and the Committee on Commerce, Science, and Transportation
of the Senate, and make publicly available on their respective
websites, a report that contains—
(A) the results of the study conducted pursuant to
paragraph (1) and the survey conducted pursuant to paragraph (2); and
(B) recommendations to—
(i) grow the United States economy through the
secure advancement of blockchain technology;
(ii) develop a national strategy to advance the
United States business sectors’ position in the world
on the adoption of blockchain technology;

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 3283

(iii) develop strategies to mitigate current and
emerging risks to the marketplace and supply chain
of blockchain technology; and
(iv) develop legislation that may advance the
expeditious adoption of blockchain technology.
(f) STUDY TO ADVANCE NEW AND ADVANCED MATERIALS.—
(1) IN GENERAL.—
(A) STUDY REQUIRED.—Not later than 1 year after the
date of enactment of this Act, the Secretary of Commerce
and the Federal Trade Commission, in coordination with
the head of any other appropriate Federal agency, shall
complete a study on the state of new and advanced materials industry, including synthetically derived or enhanced
natural properties, and the impact of such industry on
the United States economy.
(B) REQUIREMENTS FOR STUDY.—In conducting the
study, the Secretary and the Commission shall—
(i) develop and conduct a survey of the new and
advanced materials industry through outreach to
participating entities as appropriate to—
(I) establish a list of industry sectors that
implement and promote the use of new and
advanced materials;
(II) establish a list of public-private partnerships focused on promoting the adoption and use
of new and advanced materials, as well as
industry-based bodies, including international
bodies, which have developed, or are developing,
mandatory or voluntary standards for new and
advanced materials;
(III) the status of such industry-based mandatory or voluntary standards; and
(IV) provide a description of the ways entities
or industry sectors implement and promote the
use of new and advanced materials;
(ii) develop a comprehensive list of Federal agencies with jurisdiction over the entities and industry
sectors identified under clause (i);
(iii) identify which Federal agency or agencies
listed under clause (ii) each entity or industry sector
interacts with;
(iv) identify all interagency activities that are
taking place among the Federal agencies listed under
clause (ii), such as working groups or other coordinated
efforts;
(v) develop a brief description of the jurisdiction
and expertise of the Federal agencies listed under
clause (ii) with regard to such entities and industry
sectors;
(vi) identify all regulations, guidelines, mandatory
standards, voluntary standards, and other policies
implemented by each of the Federal agencies identified
under clause (ii), as well as all guidelines, mandatory
standards, voluntary standards, and other policies
implemented by industry-based bodies; and

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134 STAT. 3284

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PUBLIC LAW 116–260—DEC. 27, 2020
(vii) identify Federal Government resources that
exist for consumers and small businesses to evaluate
the use of new and advanced materials.
(2) MARKETPLACE AND SUPPLY CHAIN SURVEY.—The Secretary and Commission shall conduct a survey of the marketplace and supply chain of new and advanced materials to—
(A) assess the severity of risks posed to such marketplace and supply chain;
(B) review the ability of foreign governments or third
parties to exploit the supply chain in a manner that raises
risks to the economic and national security of the United
States; and
(C) identify emerging risks and long-term trends in
such marketplace and supply chain.
(3) REPORT TO CONGRESS.—Not later than 6 months after
the completion of the study required pursuant to paragraph
(1), the Secretary and the Commission shall submit to the
Committee on Energy and Commerce and the Committee on
Science, Space, and Technology of the House of Representatives,
and the Committee on Commerce, Science, and Transportation
of the Senate, and make publicly available on their respective
websites, a report that contains—
(A) the results of the study conducted pursuant to
paragraph (1) and the survey conducted pursuant to paragraph (2); and
(B) recommendations to—
(i) grow the United States economy through the
secure advancement of new and advanced materials;
(ii) develop a national strategy to advance the
United States business sectors’ position in the world
on the adoption of new and advanced materials;
(iii) develop strategies to mitigate current and
emerging risks to the marketplace and supply chain
of new and advanced materials; and
(iv) develop legislation that may advance the
expeditious adoption of new and advanced materials.
(g) STUDY TO ADVANCE UNMANNED DELIVERY SERVICES.—
(1) IN GENERAL.—
(A) STUDY REQUIRED.—Not later than 1 year after the
date of enactment of this Act, the Secretary of Commerce,
in coordination with the head of any other appropriate
Federal agency, shall complete a study on the impact of
unmanned delivery services on United States businesses
conducting interstate commerce.
(B) REQUIREMENTS FOR STUDY.—In conducting the
study, the Secretary shall do the following:
(i) Conduct a survey through outreach to participating entities to—
(I) establish a list of the industry sectors that
develop and use unmanned delivery services,
including the use of autonomous vehicles, drones,
and robots;
(II) review how unmanned delivery services
are currently being used and any potential future
applications of such services;
(III) identify any challenges to the development and adoption of unmanned delivery services;

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PUBLIC LAW 116–260—DEC. 27, 2020

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(IV) review how such services may be used

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to—
(aa) deliver groceries, meals, medications,
and other necessities to senior citizens, people
with disabilities, and people without access
to traditional public transportation;
(bb) address challenges public health
emergencies present, including delivering groceries, meals, medications, medical supplies,
and other necessities during such emergencies;
and
(cc) any other potential use of such services;
(V) identify any safety risks associated with
the adoption of unmanned delivery services on
roads, in the air, or other environments, including
any dangers posed to pedestrians, bicyclists, motorcyclists, motorists, or property;
(VI) identify the effect of unmanned delivery
services on traffic safety and congestion;
(VII) evaluate the extent to which software,
technology, and infrastructure behind unmanned
delivery services are developed and manufactured
in the United States;
(VIII) identify the number and types of jobs
that may be lost or substantially changed due
to the development and adoption of unmanned
delivery services;
(IX) identify the number and types of jobs
that may be created due to the development and
adoption of unmanned delivery services; and
(X) evaluate the effect of the adoption
unmanned delivery services on job quality for low,
middle, and high-skilled workers.
(ii) Develop and conduct a survey of Federal
activity related to unmanned delivery services to—
(I) establish a list of Federal agencies asserting
jurisdiction over industry sectors identified under
clause (i)(II);
(II) develop a brief description of the jurisdiction and expertise of the Federal agencies
regarding unmanned delivery services; and
(III) identify all interagency activities
regarding unmanned delivery services.
(iii) Conduct a survey of the marketplace and
supply chain of unmanned delivery services to—
(I) assess the severity of risks posed to such
marketplace and supply chain;
(II) review the ability of foreign governments
or third parties to exploit such supply chain in
a manner that raises risks to the economic and
national security of the United States; and
(III) identify emerging risks and long-term
trends in such marketplace and supply chain.
(C) REPORT TO CONGRESS.—Not later than 6 months
after the completion of the study required pursuant to
paragraph (1), the Secretary, in coordination with the head

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of any other appropriate Federal agency, shall submit to
the Committee on Energy and Commerce and the Committee on Science, Space, and Technology of the House
of Representatives, and the Committee on Commerce,
Science, and Transportation of the Senate, and make publicly available on the website of the Department of Commerce, a report that contains—
(i) the results of the study conducted under paragraph (1); and
(ii) recommendations to—
(I) develop and implement a comprehensive
plan to promote the development and adoption
of unmanned delivery services in the United
States;
(II) develop policies that States can adopt to
encourage the development and adoption of
unmanned delivery services;
(III) develop a national strategy to advance
the United States position in the world on the
development and adoption of unmanned delivery
services, and manufacture of technology behind
unmanned delivery services;
(IV) develop strategies to mitigate current and
emerging risks to the marketplace and supply
chain of unmanned delivery services; and
(V) develop legislation to accomplish such recommendations.
(h) STUDY TO ADVANCE INTERNET OF THINGS.—
(1) STUDY.—The Secretary of Commerce shall conduct a
study on the state of the internet-connected devices industry
(commonly known as the ‘‘Internet of Things’’) in the United
States. In conducting the study, the Secretary shall—
(A) develop and conduct a survey of the internet-connected devices industry through outreach to participating
entities as appropriate, including—
(i) a list of the industry sectors that develop internet-connected devices;
(ii) a list of public-private partnerships focused
on promoting the adoption and use of internet-connected devices, as well as industry-based bodies,
including international bodies, which have developed,
or are developing, mandatory or voluntary standards
for internet-connected devices;
(iii) the status of the industry-based mandatory
or voluntary standards identified in clause (ii); and
(iv) a description of the ways entities or industry
sectors develop, use, or promote the use of internetconnected devices;
(B) develop a comprehensive list of Federal agencies
with jurisdiction over the entities and industry sectors
identified under subparagraph (A);
(C) identify which Federal agency or agencies listed
under subparagraph (B) each entity or industry sector
interacts with;

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 3287

(D) identify all interagency activities that are taking
place among the Federal agencies listed under subparagraph (B), such as working groups or other coordinated
efforts;
(E) develop a brief description of the jurisdiction and
expertise of the Federal agencies listed under subparagraph
(B) with regard to such entities and industry sectors;
(F) identify all regulations, guidelines, mandatory
standards, voluntary standards, and other policies implemented by each of the Federal agencies identified under
subparagraph (B), as well as all guidelines, mandatory
standards, voluntary standards, and other policies implemented by industry-based bodies; and
(G) identify Federal Government resources that exist
for consumers and small businesses to evaluate internetconnected devices.
(2) REPORT TO CONGRESS.—Not later than 1 year after
the date of enactment of this Act, the Secretary shall submit
to the Committee on Energy and Commerce and the Committee
on Science, Space, and Technology of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate, and make publicly available on the website
of the Department of Commerce, a report that contains—
(A) the results of the study conducted under paragraph
(1); and
(B) recommendations of the Secretary for growth of
the United States economy through the secure advancement of internet-connected devices.
(3) DEFINITIONS.—In this subsection—
(A) the term ‘‘Federal agency’’ means an agency, as
defined in section 551 of title 5, United States Code; and
(B) the term ‘‘internet-connected device’’ means a physical object that—
(i) is capable of connecting to the internet, either
directly or indirectly through a network, to communicate information at the direction of an individual;
and
(ii) has computer processing capabilities for collecting, sending, receiving, or analyzing data.
(i) STUDY TO ADVANCE THREE-DIMENSIONAL PRINTING.—
(1) IN GENERAL.—
(A) STUDY REQUIRED.—Not later than 1 year after the
date of enactment of this Act, the Secretary of Commerce,
in coordination with the head of any other appropriate
Federal agency, shall complete a study on the state of
the three-dimensional printing industry and the impact
of such industry on the United States economy.
(B) REQUIREMENTS FOR STUDY.—In conducting the
study, the Secretary shall—
(i) develop and conduct a survey of the threedimensional printing industry through outreach to
participating entities as appropriate to—
(I) establish a list of industry sectors that
implement and promote the use of three-dimensional printing;
(II) establish a list of public-private partnerships focused on promoting the adoption and use

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of three-dimensional printing, as well as industrybased bodies, including international bodies, which
have developed, or are developing, mandatory or
voluntary
standards
for
three-dimensional
printing;
(III) the status of such industry-based mandatory or voluntary standards; and
(IV) provide a description of the ways entities
or industry sectors implement and promote the
use of three-dimensional printing;
(ii) develop a comprehensive list of Federal agencies with jurisdiction over the entities and industry
sectors identified under clause (i);
(iii) identify which Federal agency or agencies
listed under clause (ii) each entity or industry sector
interacts with;
(iv) identify all interagency activities that are
taking place among the Federal agencies listed under
clause (ii), such as working groups or other coordinated
efforts;
(v) develop a brief description of the jurisdiction
and expertise of the Federal agencies listed under
clause (ii) with regard to such entities and industry
sectors;
(vi) identify all regulations, guidelines, mandatory
standards, voluntary standards, and other policies
implemented by each of the Federal agencies identified
under clause (ii), as well as all guidelines, mandatory
standards, voluntary standards, and other policies
implemented by industry-based bodies; and
(vii) identify Federal Government resources that
exist for consumers and small businesses to evaluate
the use of three-dimensional printing.
(2) MARKETPLACE AND SUPPLY CHAIN SURVEY.—The Secretary shall conduct a survey of the marketplace and supply
chain of three-dimensional printing to—
(A) assess the severity of risks posed to such marketplace and supply chain;
(B) review the ability of foreign governments or third
parties to exploit the supply chain in a manner that raises
risks to the economic and national security of the United
States; and
(C) identify emerging risks and long-term trends in
such marketplace and supply chain.
(3) REPORT TO CONGRESS.—Not later than 6 months after
the completion of the study required pursuant to paragraph
(1), the Secretary shall submit to the Committee on Energy
and Commerce and the Committee on Science, Space, and Technology of the House of Representatives, and the Committee
on Commerce, Science, and Transportation of the Senate, and
make publicly available on the website of the Department of
Commerce, a report that contains—
(A) the results of the study conducted pursuant to
paragraph (1) and the survey conducted pursuant to paragraph (2); and
(B) recommendations to—

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134 STAT. 3289

(i) grow the United States economy through the
secure advancement of three-dimensional printing;
(ii) develop a national strategy to advance the
United States business sectors’ position in the world
on the adoption of three-dimensional printing;
(iii) develop strategies to mitigate current and
emerging risks to the marketplace and supply chain
of three-dimensional printing; and
(iv) develop legislation that may advance the
expeditious adoption of three-dimensional printing.
(j) STUDY TO COMBAT ONLINE HARMS THROUGH INNOVATION.—
(1) IN GENERAL.—
(A) STUDY REQUIRED.—Not later than 1 year after the
date of enactment of this Act, the Federal Trade Commission shall conduct and complete a study on how artificial
intelligence may be used to address the online harms
described in subparagraph (B).
(B) REQUIREMENTS FOR STUDY.—In conducting the
study, the Commission shall consider whether and how
artificial intelligence may be used to identify, remove, or
take any other appropriate action necessary to address
the following online harms:
(i) Deceptive and fraudulent content intended to
scam or otherwise harm individuals, including such
practices directed at senior citizens.
(ii) Manipulated content intended to mislead
individuals, including deepfake videos and fake individual reviews.
(iii) Website or mobile application interfaces
designed to intentionally mislead or exploit individuals.
(iv) Illegal content online, including the illegal sale
of opioids, child sexual exploitation and abuse, revenge
pornography, harassment, cyberstalking, hate crimes,
the glorification of violence or gore, and incitement
of violence.
(v) Terrorist and violent extremists’ abuse of digital platforms, including the use of such platforms to
promote themselves, share propaganda, and glorify
real-world acts of violence.
(vi) Disinformation campaigns coordinated by
inauthentic accounts or individuals to influence United
States elections.
(vii) The sale of counterfeit products.
(2) REPORT TO CONGRESS.—Not later than 6 months after
the completion of the study required pursuant to paragraph
(1), the Commission shall submit to the Committee on Energy
and Commerce and the Committee on Science, Space, and Technology of the House of Representatives, and the Committee
on Commerce, Science, and Transportation of the Senate, and
make publicly available on its website, a report that contains—
(A) the results of the study conducted under paragraph
(1);
(B) recommendations on how artificial intelligence may
be used to address the online harms described in paragraph
(1)(B);

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Public
information.
Web posting.
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(C) recommendations on what reasonable policies, practices, and procedures may be implemented to utilize artificial intelligence to address such online harms; and
(D) recommendations for any legislation that may
advance the adoption and use of artificial intelligence to
address such online harms.
(k) COMBINATION OF STUDIES AUTHORIZED.—The Secretary of
Commerce and the Federal Trade Commission, after notifying the
Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation
of the Senate, may combine any of the studies required pursuant
to this Act.
(l) PROTECTION OF NATIONAL SECURITY.—
(1) INFORMATION EXEMPT FROM PUBLIC DISCLOSURE.—
Nothing in this Act shall be construed to require the disclosure
of information, records, or reports that are exempt from public
disclosure under section 552 of title 5, United States Code,
or that may be withheld under section 552a of title 5, United
States Code.
(2) CLASSIFIED AND CERTAIN OTHER INFORMATION.—Nothing
in this Act shall be construed to require the publication, on
a website or otherwise, of any report containing information
that is classified, or the public release of which could have
a harmful effect on national security.
(3) FORM OF REPORTS TO CONGRESS.—In the case of each
report that is required by this Act to be submitted to a committee of Congress, such report shall be submitted in unclassified form, but may include a classified annex.
(4) SUBMISSION OF REPORTS TO CONGRESSIONAL INTELLIGENCE COMMITTEES.—In the case of each report that is
required by this Act to be submitted to a committee of Congress,
such report shall also be submitted to the Permanent Select
Committee on Intelligence of the House of Representatives and
the Select Committee on Intelligence of the Senate.
(m) APPROPRIATIONS REQUIRED.—This Act is subject to appropriations that may be available for the Department of Commerce
or the Federal Trade Commission, as applicable.

Notification.

TITLE XVI—RECORDING OF CERTAIN
OBLIGATIONS BY THE DEPARTMENT
OF VETERANS AFFAIRS

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38 USC 1701
note.
Effective date.

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SEC. 1601. RECORDING OF OBLIGATIONS.

Hereafter, subject to the availability of appropriations, the Secretary of Veterans Affairs shall record as an obligation of the
United States Government amounts owed for hospital care or medical services furnished at non-Department facilities under title 38,
United States Code, or Acts making appropriations for the Department of Veterans Affairs, on the date on which the Secretary
approves: (i) a claim by a health care provider for payment or
(ii) a voucher, invoice, or request for payment from a vendor for
services rendered under a contract: Provided, That for any fiscal
year in which an appropriation for the payment of hospital care
or medical services furnished at non-Department facilities has been
exhausted or has yet to be enacted, this title shall not provide

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PUBLIC LAW 116–260—DEC. 27, 2020

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the Secretary of Veterans Affairs with the authority to issue any
new authorizations or orders for such care or such services in
advance of such appropriation: Provided further, That this title
shall take effect as if enacted on October 1, 2018: Provided further,
That not later than 30 days after the date of enactment of this
Act, the Department of Veterans Affairs, in consultation with the
Office of Management and Budget, shall submit a report to the
President and the Congress, similar to the report required pursuant
to 31 U.S.C. 1351, detailing how, in the absence of the enactment
of this title, the expenditures or obligations would have exceeded
the amount available in fiscal year 2019 and fiscal year 2020
in the Medical Community Care appropriation: Provided further,
That the report required in the preceding proviso shall also include
an explanation as to how the Department plans to avoid incurring
obligations for the Medical Community Care appropriation in excess
of its available budgetary resources in fiscal year 2021 and future
fiscal years pursuant to the recording of obligations required by
this title.

TITLE XVII—SUDAN CLAIMS
RESOLUTION
SEC. 1701. SHORT TITLE.

This title may be cited as the ‘‘Sudan Claims Resolution Act’’.

Effective date.
Consultation.
Reports.

Sudan Claims
Resolution Act.

28 USC 1605A
note.

SEC. 1702. SENSE OF CONGRESS.

It is the sense of Congress that—
(1) the United States should support Sudan’s democratic
transition, particularly in light of the country’s dire economic
situation, and this is a critical moment to address longstanding
issues in the relationship between the United States and Sudan;
(2) as part of the process of restoring normal relations
between Sudan and the United States, Congress supports
efforts to provide meaningful compensation to individuals
employed by or serving as contractors for the United States
Government, as well as their family members, who personally
have been awarded by a United States District Court a judgment for compensatory damages against Sudan; and
(3) the terrorism-related claims of victims and family members of the September 11, 2001, terrorist attacks must be preserved and protected.

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SEC. 1703. DEFINITIONS.

In this Act:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘‘appropriate congressional committees’’ means—
(A) the Committee on Foreign Relations and the Committee on the Judiciary of the Senate; and
(B) the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives.
(2) CLAIMS AGREEMENT.—The term ‘‘claims agreement’’
means the Claims Settlement Agreement Between the Government of the United States of America and the Government
of the Republic of the Sudan, done at Washington, D.C., on
October 30, 2020, including all annexes, appendices, side letters,
related agreements, and instruments for implementation,

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PUBLIC LAW 116–260—DEC. 27, 2020
including the escrow agreement among the Central Bank of
Sudan, the Federal Reserve Bank of New York, and the escrow
agent appointed thereby, as well as the escrow conditions
release agreement, set out in an exchange of diplomatic notes
between the United States and Sudan on October 21, 2020,
and subsequently amended on December 19, 2020.
(3) FOREIGN NATIONAL.—The term ‘‘foreign national’’ means
an individual who is not a citizen of the United States.
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of State.
(5) STATE SPONSOR OF TERRORISM.—The term ‘‘state sponsor
of terrorism’’ means a country the government of which the
Secretary has determined is a government that has repeatedly
provided support for acts of international terrorism, for purposes of—
(A) section 1754(c)(1)(A)(i) of the Export Control
Reform Act of 2018 (50 U.S.C. 4813(c)(1)(A)(i));
(B) section 620A of the Foreign Assistance Act of 1961
(22 U.S.C. 2371);
(C) section 40(d) of the Arms Export Control Act (22
U.S.C. 2780(d)); or
(D) any other provision of law.
(6) SUDAN.—The term ‘‘Sudan’’ means the Government of
the Republic of the Sudan.

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SEC. 1704. RECEIPT OF ADEQUATE FUNDS; IMMUNITIES OF SUDAN.

(a) IMMUNITY.—
(1) IN GENERAL.—Subject to section 1706, and notwithstanding any other provision of law, upon submission of a
certification described in paragraph (2)—
(A) Sudan, an agency or instrumentality of Sudan,
and the property of Sudan or an agency or instrumentality
of Sudan, shall not be subject to the exceptions to immunity
from jurisdiction, liens, attachment, and execution under
section 1605(a)(7) (as such section was in effect on January
27, 2008) or section 1605A or 1610 (insofar as section
1610 relates to a judgment under such section 1605(a)(7)
or 1605A) of title 28, United States Code;
(B) section 1605A(c) of title 28, United States Code,
section 1083(c) of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110–181; 28 U.S.C. 1605A
note), section 589 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1997
(Public Law 104–208; 28 U.S.C. 1605 note), and any other
private right of action relating to acts by a state sponsor
of terrorism arising under Federal, State, or foreign law
shall not apply with respect to claims against Sudan, or
any of its agencies, instrumentalities, officials, employees,
or agents in any action in a Federal or State court; and
(C) any attachment, decree, lien, execution, garnishment, or other judicial process brought against property
of Sudan, or property of any agency, instrumentality, official, employee, or agent of Sudan, in connection with an
action that is precluded by subparagraph (A) or (B) shall
be void.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 3293

(2) CERTIFICATION.—A certification described in this paragraph is a certification by the Secretary to the appropriate
congressional committees stating that—
(A) the August 12, 1993, designation of Sudan as a
state sponsor of terrorism has been formally rescinded;
(B) Sudan has made final payments with respect to
the private settlement of the claims of victims of the U.S.S.
Cole attack; and
(C) the United States Government has received funds
pursuant to the claims agreement that are sufficient to
ensure—
(i) payment of the agreed private settlement
amount for the death of a citizen of the United States
who was an employee of the United States Agency
for International Development in Sudan on January
1, 2008;
(ii) meaningful compensation for claims of citizens
of the United States (other than individuals described
in section 1707(a)(1)) for wrongful death or physical
injury in cases arising out of the August 7, 1998,
bombings of the United States embassies located in
Nairobi, Kenya, and Dar es Salaam, Tanzania; and
(iii) funds for compensation through a fair process
to address compensation for terrorism-related claims
of foreign nationals for wrongful death or physical
injury arising out of the events referred to in clause
(ii).
(b) SCOPE.—Subject to section 1706, subsection (a) of this section shall apply to all conduct and any event occurring before
the date of the certification described in subsection (a)(2), regardless
of whether, or the extent to which, application of that subsection
affects any action filed before, on, or after that date.
(c) AUTHORITY OF THE SECRETARY.—The certification by the
Secretary referred to in subsection (a)(2) may not be delegated
and may not be subject to judicial review.

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SEC. 1705. REAUTHORIZATION OF AND MODIFICATIONS TO UNITED
STATES VICTIMS OF STATE SPONSORED TERRORISM
FUND.

(a) IN GENERAL.—The Justice for United States Victims of
State Sponsored Terrorism Act (34 U.S.C. 20144) is amended—
(1) in subsection (c)(2)(A)(i), by striking ‘‘state sponsor of
terrorism’’ and inserting ‘‘foreign state that was designated
as a state sponsor of terrorism at the time the acts described
in clause (ii) occurred or was so designated as a result of
such acts’’;
(2) in subsection (e)(6), by striking ‘‘January 2, 2030’’ each
place it appears and inserting ‘‘January 2, 2039’’; and
(3) in subsection (j)(6), in the first sentence, by inserting
after ‘‘final judgment’’ the following: ‘‘, except that the term
does not include payments received in connection with an international claims agreement to which the United States is a
state party or any other settlement of terrorism-related claims
against Sudan’’.
(b) LUMP SUM CATCH-UP PAYMENTS FOR 9/11 VICTIMS, 9/11
SPOUSES, AND 9/11 DEPENDENTS.—Subsection (d)(4) of the Justice

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134 STAT. 3294

Deadline.
Audit.
Federal Register,
publication.
Notice.

Time period.

Determination.

PUBLIC LAW 116–260—DEC. 27, 2020

for United States Victims of State Sponsored Terrorism Act (34
U.S.C. 20144) is amended—
(1) in subparagraph (A), by striking ‘‘subparagraph (B)’’
and inserting ‘‘subparagraphs (B) and (C)’’; and
(2) by adding at the end the following:
‘‘(C) LUMP SUM CATCH-UP PAYMENTS FOR 9/11 VICTIMS,
9/11 SPOUSES, AND 9/11 DEPENDENTS.—
‘‘(i) IN GENERAL.—Not later than 90 days after
the date of enactment of this subparagraph, and in
accordance with clauses (i) and (ii) of subsection
(d)(3)(A), the Comptroller General of the United States
shall conduct an audit and publish in the Federal
Register a notice of proposed lump sum catch-up payments to 9/11 victims, 9/11 spouses, and 9/11 dependents who have submitted applications in accordance
with subparagraph (B) in amounts that, after receiving
the lump sum catch-up payments, would result in the
percentage of the claims of 9/11 victims, 9/11 spouses,
and 9/11 dependents received from the Fund being
equal to the percentage of the claims of 9/11 family
members received from the Fund, as of the date of
enactment of this subparagraph.
‘‘(ii) PUBLIC COMMENT.—The Comptroller General
shall provide an opportunity for public comment for
a 30-day period beginning on the date on which the
notice is published under clause (i).
‘‘(iii) REPORT.—Not later than 30 days after the
expiration comment period in clause (ii), the Comptroller General of the United States shall submit to
the Committee on the Judiciary and the Committee
on Appropriations of the Senate, the Committee on
the Judiciary and the Committee on Appropriations
of the House of Representatives, and the Special
Master a report that includes the determination of
the Comptroller General on—
‘‘(I) the amount of the lump sum catch-up payment for each 9/11 victim;
‘‘(II) the amount of the lump sum catch-up
payment for each 9/11 spouse;
‘‘(III) the amount of the lump sum catch-up
payment for each 9/11 dependent; and
‘‘(IV) the total amount of lump sum catchup payments described in subclauses (I) through
(III).’’.

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SEC. 1706. PRESERVATION OF CERTAIN PENDING INTERNATIONAL
TERRORISM CLAIMS AGAINST SUDAN.

(a) FINDINGS.—Congress makes the following findings:
(1) It is the long-standing policy of the United States that
civil lawsuits against those who support, aid and abet, and
provide material support for international terrorism serve the
national security interests of the United States by deterring
the sponsorship of terrorism and by advancing interests of
justice, transparency, and accountability.
(2) Neither the claims agreement, nor any other aspect
of the effort to normalize relations with Sudan—

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(A) resolved claims against Sudan involving victims
and family members of the September 11, 2001, terrorist
attacks; or
(B) otherwise advanced the interests of the victims
and family members of the September 11, 2001, terrorist
attacks.
(3) The claims referenced in paragraph (2)(A) remain
pending in the multidistrict proceeding 03–MDL–1570 in the
United States District Court for the Southern District of New
York, and subsection (c) preserves and protects those claims.
(b) SENSE OF CONGRESS.—It is the sense of Congress that
the executive branch should not file a Statement of Interest or
any other submission, or intervene in any other way, in the multidistrict proceeding 03–MDL–1570, in connection to the rescission
of the designation of Sudan as a state sponsor of terrorism or
the restoration of Sudan’s immunities from jurisdiction and execution in conformity with this Act, if such action would disadvantage
terrorism victims.
(c) IN GENERAL.—Nothing in this Act shall apply to, be construed to apply to, or otherwise affect—
(1) any claim in any of the proceedings comprising the
multidistrict proceeding 03-MDL-1570 in the United States District Court for the Southern District of New York brought
by any person who, as of the date of the enactment of this
Act, has a claim pending against Sudan (including as a member
of a class certified under Rule 23 of the Federal Rules of
Civil Procedure or as a putative member of such a class pending
certification); or
(2) the enforcement of any judgment in favor of such person
entered in such proceeding.
(d) APPLICABLE LAW.—Proceedings described in subsection (c)
shall be governed by applicable law in effect before the date of
the enactment of this Act, including—
(1) chapter 97 of title 28, United States Code (commonly
known as the ‘‘Foreign Sovereign Immunities Act of 1976’’),
including 28 U.S.C. 1605A note;
(2) section 201 of the Terrorism Risk Insurance Act of
2002 (Public Law 107–297; 28 U.S.C. 1610 note), with respect
to any asset that, on or after the date of enactment of this
Act, is designated as a blocked asset (as defined in subsection
(d)(2) of that section);
(3) rules governing the rights of parties to amend pleadings;
and
(4) other relevant provisions of law.
(e) RULE OF CONSTRUCTION.—Nothing in this section shall alter,
impact the interpretation of, or otherwise affect—
(1) any section of chapter 97 of title 28, United States
Code; or
(2) any other provision of law.

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SEC. 1707. COMPENSATION FOR CERTAIN NATURALIZED UNITED
STATES CITIZENS AND FOREIGN NATIONALS.

(a) COMPENSATION.—
(1) IN GENERAL.—There is authorized to be appropriated
$150,000,000 for payment of compensation, notwithstanding
any other provision of law, to any individual who—

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134 STAT. 3296

PUBLIC LAW 116–260—DEC. 27, 2020
(A) has been awarded a judgment in any of the cases
set forth in section (c) of the Annex to the claims agreement;
and
(B) is—
(i) a United States employee or contractor injured
in connection with the bombings of the United States
embassies located in Nairobi, Kenya, and Dar es
Salaam, Tanzania, who became a United States citizen
after August 7, 1998, and before the date of the enactment of this Act;
(ii) a family member—
(I) of a United States employee or contractor
injured in connection with the bombings of the
United States embassies located in Nairobi, Kenya,
and Dar es Salaam, Tanzania; and
(II) who is a United States citizen as of the
date of the enactment of this Act; or
(iii) a family member—
(I) of a foreign national United States
employee or contractor killed during those
bombings; and
(II) who is a United States citizen as of the
date of the enactment of this Act.
(2) PAYMENTS.—With the requirement of achieving parity
in compensation between individuals who became United States
citizens after August 7, 1998, and individuals who were United
States citizens on or before August 7, 1998, payment of compensation under paragraph (1) to—
(A) an individual described in paragraph (1)(B)(i) shall
be based on the same standards used to determine the
compensation for an employee or contractor injured in
connection with the bombings described in that paragraph
who was a United States citizen on or before August 7,
1998;
(B) an individual described in paragraph (1)(B)(ii) shall
be on an equal basis to compensation provided to a family
member of an individual described in subparagraph (A);
and
(C) an individual described in paragraph (1)(B)(iii)
shall be on an equal, or, where applicable, a pro rata
basis to compensation provided to a family member of
a United States employee or contractor who was a United
States citizen killed during such bombings.
(b) DISTRIBUTION AND REQUIREMENTS.—
(1) DISTRIBUTION.—The Secretary shall distribute payments from funds made available to carry out subsection (a)(1)
to individuals described in that subsection.
(2) AUTHORIZATION LETTER.—Not later than December 31,
2021, the Secretary shall send a letter to each individual who
will receive payment under paragraph (1) informing the individual of the amount of compensation the individual will receive
pending the execution of any writings under paragraph (3),
and the standards used to determine compensation under subsection (a)(2), taking into account the individual’s final judgment amount.
(3) REQUIREMENT BEFORE DISTRIBUTION.—Before making
a payment to an individual under paragraph (1), and after

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 3297

the delivery of the authorization letter under paragraph (2),
the Secretary shall require the individual to execute a writing
that includes a waiver and release of all the individual’s rights
to assert claims for compensatory or other relief in any form
or to enforce any judgment against Sudan in connection with,
and any claims against the United States related to, any claim,
suit, or action specified in Article II of the claims agreement.
(c) FOREIGN NATIONALS.—Notwithstanding any other provision
of law or the claims agreement—
(1) individuals described in subsection (a)(1) are not eligible
to receive any compensation as provided by Sudan pursuant
to Article III of the claims agreement; and
(2) the funds provided by Sudan for distribution of compensation to such individuals pursuant to the Annex of the
claims agreement shall be redistributed—
(A) among all other individuals eligible for compensation under section (c) of the Annex to the claims agreement
consistent with the principles set out in that Annex; or
(B) if Sudan and the foreign nationals eligible for compensation reach a private settlement, then pursuant to
the terms of that settlement.
(d) DEPARTMENT OF STATE REPORTING REQUIREMENTS.—
(1) INITIAL REPORT.—Not later than 90 days after the date
of the enactment of this Act, the Secretary shall submit to
the appropriate congressional committees a report that includes
a detailed description of the plan of the Department of State
for the distribution of payments to each category of individual
described in subsection (a)(1), including how the Department
is arriving at compensation levels for each individual and the
amount of compensation each such individual will receive from
funds made available to carry out that subsection.
(2) UPDATED REPORT.—Not later than December 31, 2021,
the Secretary shall submit to the appropriate congressional
committees a report describing—
(A) whether the distribution plan described in paragraph (1) was carried out; and
(B) whether compensation levels were provided as
described in the report required by paragraph (1).
(e) COMPTROLLER GENERAL REPORT.—Not later than December
31, 2022, the Comptroller General of the United States shall submit
to the appropriate congressional committees a report assessing the
implementation of this section by the Department of State, including
whether—
(1) all distributions were made in accordance with the
requirements of subsections (a), (b), and (c); and
(2) all individuals described in subsection (a)(1) received
compensation from amounts made available to carry out that
subsection in the manner described in subsection (a)(2).

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SEC. 1708. TREATY AND EXECUTIVE AGREEMENT PRACTICE.

(a) FINDINGS.—Congress makes the following findings:
(1) Congress and the executive branch share responsibility
for the foreign relations of the United States pursuant to Article
I and Article II of the Constitution of the United States.
(2) All legislative powers of the Federal Government,
including on matters of foreign relations, are vested in the

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PUBLIC LAW 116–260—DEC. 27, 2020

Congress of the United States pursuant to section 1 of Article
I of the Constitution.
(3) The executive branch may not direct Congress to take
any action, nor may it convey any legislative or other power
assigned to Congress under the Constitution to any entity,
domestic or foreign.
(4) The original escrow release conditions agreement prescribed specific legislative text and purported both to require
enactment of such text and provide a veto to Sudan over exceptions to that text.
(5) Congress rejected the approach described in paragraph
(4).
(6) The executive branch and Sudan subsequently amended
the escrow release conditions agreement to eliminate the specific legislative text as well as the purported requirement for
enactment and the purported veto over exceptions to that text.
(b) AMENDMENT TO CASE-ZABLOCKI ACT.—Section 112b of title
1, United States Code, is amended by adding at the end the following:
‘‘(g) It is the sense of Congress that the executive branch
should not prescribe or otherwise commit to or include specific
legislative text in a treaty or executive agreement unless Congress
has authorized such action.’’.
Theodore
Roosevelt
Presidential
Library
Conveyance Act
of 2020.
North Dakota.

TITLE XVIII—THEODORE ROOSEVELT
PRESIDENTIAL
LIBRARY
CONVEYANCE ACT OF 2020
SEC. 1801. SHORT TITLE.

This title may be cited as the ‘‘Theodore Roosevelt Presidential
Library Conveyance Act of 2020’’.
SEC. 1802. DEFINITIONS.

In this Act:
(1) MAP.—The term ‘‘map’’ means the map entitled ‘‘Project
Number P08122-2016-009’’, depicting a 93 acre site in sections
21 and 28, T. 140 N., R. 102 W., Billings County, North Dakota,
and dated December 8, 2020.
(2) PRESIDENTIAL LIBRARY.—The term ‘‘Presidential
Library’’ means the Theodore Roosevelt Presidential Library
Foundation, a North Dakota nonprofit corporation.
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Agriculture, acting through the Chief of the Forest Service.
SEC. 1803. CONVEYANCE OF CERTAIN NATIONAL FOREST SYSTEM
LAND TO THE PRESIDENTIAL LIBRARY.

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(a) CONVEYANCE.—Subject to this section, if the Presidential
Library submits to the Secretary not later than 1 year after the
date of enactment of this Act a written request for the conveyance
of the approximately 93 acres of National Forest System land,
as generally depicted on the map, the Secretary shall, on the
earliest date practicable, convey to the Presidential Library by
quitclaim deed all right, title, and interest of the United States
in and to that land.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 3299

(b) CONSIDERATION.—As consideration for the conveyance of
land under subsection (a), the Presidential Library shall pay to
the Secretary an amount equal to the market value of the land,
as determined by the appraisal conducted under subsection (d).
(c) TERMS AND CONDITIONS.—The conveyance under subsection
(a) shall be subject to—
(1) valid existing rights;
(2) the reservation of easements, as depicted on the map,
for public use on—
(A) the Maah Dah Hey National Trail; and
(B) Forest Service Road #7471 and the unnumbered
Forest Service road; and
(3) any other terms and conditions that the Secretary considers appropriate to protect the interests of the United States.
(d) APPRAISAL.—The Secretary shall conduct an appraisal of
the land to be conveyed under subsection (a) in accordance with—
(1) the Uniform Appraisal Standards for Federal Land
Acquisitions;
(2) the Uniform Standards of Professional Appraisal Practice; and
(3) any other applicable law (including regulations).
(e) COSTS OF CONVEYANCE.—As a condition for the conveyance
under subsection (a), and in addition to the consideration paid
under subsection (b), the Presidential Library shall pay all costs
associated with the conveyance, including—
(1) the survey to Federal standards described in subsection
(f); and
(2) the appraisal conducted under subsection (d).
(f) SURVEY.—The exact acreage and legal description of the
land to be conveyed under subsection (a) shall be determined by
a survey satisfactory to the Secretary.
(g) DEPOSIT AND USE OF PROCEEDS.—All funds received under
subsection (b) shall be—
(1) deposited in the fund established by Public Law 90–
171 (commonly known as the Sisk Act) (16 U.S.C. 484a); and
(2) available to the Secretary, until expended, for the
acquisition of land or interests in land for inclusion in the
National Forest System in the State of North Dakota.

TITLE XIX—UNITED STATES-MEXICO
ECONOMIC PARTNERSHIP ACT

Payment.
Determination.

Determination.

United StatesMexico Economic
Partnership Act.

SEC. 1901. SHORT TITLE.

This title may be cited as the ‘‘United States-Mexico Economic
Partnership Act’’.

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SEC. 1902. FINDINGS.

Congress finds the following:
(1) The United States and Mexico have benefitted from
a bilateral, mutually beneficial partnership focused on
advancing the economic interests of both countries.
(2) In 2013, Mexico adopted major energy reforms that
opened its energy sector to private investment, increasing
energy cooperation between Mexico and the United States and
opening new opportunities for United States energy engagement.

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134 STAT. 3300

PUBLIC LAW 116–260—DEC. 27, 2020
(3) On January 18, 2018, the Principal Deputy Assistant
Secretary for Educational and Cultural Affairs at the Department of State stated, ‘‘Our exchange programs build enduring
relationships and networks to advance U.S. national interests
and foreign policy goals . . . The role of our exchanges . . .
in advancing U.S. national security and economic interests
enjoys broad bipartisan support from Congress and other stakeholders, and provides a strong return on investment.’’.
(4) According to the Institute of International Education,
in the 2015–2016 academic year, more than 56,000 United
States students studied in other countries in the Western Hemisphere region while more than 84,000 non-United States students from the region studied in the United States, but only
5,000 of those United States students studied in Mexico and
only 16,000 of those non-United States students were from
Mexico.

SEC. 1903. STATEMENT OF POLICY.

It is the policy of the United States—
(1) to continue deepening economic cooperation between
the United States and Mexico;
(2) to seek to prioritize and expand educational and professional exchange programs with Mexico, including through
frameworks such as the 100,000 Strong in the Americas Initiative, the Young Leaders of the Americas Initiative, Jo´venes
en Accio´n (Youth in Action), the Fulbright Foreign Student
Program, and the Fulbright Visiting Scholar Program; and
(3) to promote positive cross-border relations as a priority
for advancing United States foreign policy and programs.
SEC. 1904. STRATEGY TO PRIORITIZE AND EXPAND EDUCATIONAL AND
PROFESSIONAL EXCHANGE PROGRAMS WITH MEXICO.

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(a) IN GENERAL.—The Secretary of State shall develop a
strategy to carry out the policy described in section 1903, to include
prioritizing and expanding educational and professional exchange
programs with Mexico through frameworks such as those referred
to in section 1903(2).
(b) ELEMENTS.—The strategy required under subsection (a)
shall—
(1) encourage more academic exchanges between the United
States and Mexico at the secondary, post-secondary, and postgraduate levels;
(2) encourage United States and Mexican academic institutions and businesses to collaborate to assist prospective and
developing entrepreneurs in strengthening their business skills
and promoting cooperation and joint business initiatives across
the United States and Mexico;
(3) promote energy infrastructure coordination and cooperation through support of vocational-level education, internships,
and exchanges between the United States and Mexico; and
(4) assess the feasibility of fostering partnerships between
universities in the United States and medical school and
nursing programs in Mexico to ensure that medical school
and nursing programs in Mexico have comparable accreditation
standards as medical school and nursing programs in the
United States by the Accreditation and Standards in Foreign
Medical Education, in addition to the Accreditation Commission
For Education in Nursing, so that medical students can pass

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 3301

medical licensing board exams, and nursing students can pass
nursing licensing exams, in the United States.
(c) BRIEFING.—Not later than 180 days after the date of the
enactment of this Act, the Secretary of State shall brief the appropriate congressional committees regarding the strategy required
under subsection (a).

Deadline.

SEC. 1905. DEFINITIONS.

In this Act, the term ‘‘appropriate congressional committees’’
means—
(1) the Committee on Foreign Relations of the Senate;
and
(2) the Committee on Foreign Affairs of the House of Representatives.
SEC. 1906. SUNSET PROVISION.

This Act shall remain in effect until December 31, 2023.

TITLE XX—PORT SURVEILLANCE

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SEC. 2001. PORT SURVEILLANCE.

(a) CPSC SURVEILLANCE PERSONNEL DURING THE COVID-19
PANDEMIC.—For the duration of a public health emergency declared
pursuant to section 319 of the Public Health Service Act (42 U.S.C.
247d) as a result of confirmed cases of 2019 novel coronavirus
(COVID–19), including any renewal thereof, the Commission shall
ensure, to the maximum extent feasible, that investigators are
stationed at ports of entry to protect the public against unreasonable
risk of injury from consumer products, with the goal of covering
no fewer than 90 percent of all consumer products entering the
United States that are risk-scored in the Risk Assessment Methodology system. The Commission shall consult with United States
Customs and Border Protection, and other relevant agencies,
including health and safety agencies, on methods to safely staff
ports during the pandemic.
(b) ADDITIONAL CPSC SURVEILLANCE PERSONNEL AT KEY PORTS
OF ENTRY.—The Commission shall hire, train, and assign not fewer
than 16 additional full-time equivalent personnel to be stationed
at or supporting efforts at ports of entry, including ports of entry
for de minimis shipments, for the purpose of identifying, assessing,
and addressing shipments of violative consumer products. Such
hiring shall continue during each fiscal year until the total number
of full-time equivalent personnel equals and sustains the staffing
requirements identified in the report to Congress required under
subsection (c)(2)(F).
(c) REPORT TO CONGRESS.—
(1) IN GENERAL.—Not later than 180 days after the date
of enactment of this section, the Commission shall transmit
to Congress, and make publicly available, a study and report
assessing the risk to consumers associated with the reduction
in Commission port inspection activity during the COVID-19
pandemic and the targeting and screening of de minimis shipments.
(2) REPORT REQUIREMENTS.—In the study and report, the
Commission shall—
(A) identify—

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15 USC 2066
note.

Consultation.

Public
information.
Study.
Assessment.

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134 STAT. 3302

Examination.

Examination.

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(i) the risks associated with the reduction in
Commission port inspection activity during the COVID19 pandemic;
(ii) the extent to which the reduction in port inspection activity is linked to inadequate Commission
resources or due to shortages of trained Commission
staff due to the COVID-19 pandemic; and
(iii) the steps the Commission has taken and plans
to take to mitigate those risks, such as recalls, inspections of product inventory, consumer warnings, and
other appropriate measures;
(B) examine a sampling of de minimis shipments at
a sufficient and representative sample of all types of ports
of entry where de minimis shipments are processed,
including express consignment carrier facilities, international mail facilities, and air cargo facilities to assess
the extent to which such shipments include violative consumer products;
(C) examine a sampling of shipments coming from
countries identified as high-risk for exporting violative consumer products to identify trends associated with the shipment of products containing both intellectual property
rights infringements and consumer product safety violations;
(D) detail plans and timelines to effectively address
targeting and screening of de minimis shipments to prevent
the entry of violative consumer products entering into the
commerce of the United States taking into consideration
projected growth in e-commerce;
(E) establish metrics by which to evaluate the effectiveness of the Commission efforts to reduce the number of
de minimis shipments containing violative consumer products from entering into the commerce of the United States;
and
(F) assess projected technology and resources, including
staffing requirements necessary to implement such plans
based on available and needed Commission resources.
(d) DEFINITIONS.—In this section—
(1) the term ‘‘Commission’’ means the Consumer Product
Safety Commission;
(2) the term ‘‘de minimis shipments’’ means articles containing consumer products entering the United States under
the de minimis value exemption in 19 U.S.C. 1321(a)(2)(C);
(3) the term ‘‘ports of entry for de minimis shipments’’
means environments where de minimis shipments are processed, including express consignment carrier facilities, international mail facilities, and air cargo facilities; and
(4) the term ‘‘violative consumer products’’ means consumer
products in violation of an applicable consumer product safety
rule under the Consumer Product Safety Act or any similar
rule, regulation, standard, or ban under any other Act enforced
by the Commission.
(e) SAVINGS CLAUSE.—Nothing in this section shall be construed
to limit, affect, or conflict with any other authority of the Commission or any other statutory requirements governing the Commission.

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 3303

TITLE XXI—COVID–19 REGULATORY RELIEF AND WORK FROM HOME SAFETY
ACT

COVID–19
Regulatory Relief
and Work From
Home Safety Act.

SEC. 2101. COVID–19 REGULATORY RELIEF AND WORK FROM HOME
SAFETY ACT.

15 USC 1191
note.

(a) SHORT TITLE.—This title may be cited as the ‘‘COVID–
19 Regulatory Relief and Work From Home Safety Act’’.
(b) DEFINITIONS.—In this Act—
(1) the term ‘‘bedding product’’ means—
(A) an item that is used for sleeping or sleep-related
purposes; or
(B) any component or accessory with respect to an
item described in subparagraph (A), without regard to
whether the component or accessory, as applicable, is
used—
(i) alone; or
(ii) along with, or contained within, that item;
(2) the term ‘‘California standard’’ means the standard
set forth by the Bureau of Electronic and Appliance Repair,
Home Furnishings and Thermal Insulation of the Department
of Consumer Affairs of the State of California in Technical
Bulletin 117–2013, entitled ‘‘Requirements, Test Procedure and
Apparatus for Testing the Smolder Resistance of Materials
Used in Upholstered Furniture’’, originally published June
2013, as in effect on the date of enactment of this Act;
(3) the terms ‘‘foundation’’ and ‘‘mattress’’ have the
meanings given those terms in section 1633.2 of title 16, Code
of Federal Regulations, as in effect on the date of enactment
of this Act; and
(4) the term ‘‘upholstered furniture’’—
(A) means an article of seating furniture that—
(i) is intended for indoor use;
(ii) is movable or stationary;
(iii) is constructed with an upholstered seat, back,
or arm;
(iv) is—
(I) made or sold with a cushion or pillow,
without regard to whether that cushion or pillow,
as applicable, is attached or detached with respect
to the article of furniture; or
(II) stuffed or filled, or able to be stuffed or
filled, in whole or in part, with any material,
including a substance or material that is hidden
or concealed by fabric or another covering,
including a cushion or pillow belonging to, or
forming a part of, the article of furniture; and
(v) together with the structural units of the article
of furniture, any filling material, and the container
and covering with respect to those structural units
and that filling material, can be used as a support
for the body of an individual, or the limbs and feet
of an individual, when the individual sits in an upright
or reclining position;

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134 STAT. 3304

Effective date.
Time period.
Regulations.

Applicability.

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(B) includes an article of furniture that is intended
for use by a child; and
(C) does not include—
(i) a mattress;
(ii) a foundation;
(iii) any bedding product; or
(iv) furniture that is used exclusively for the purpose of physical fitness and exercise.
(c) ADOPTION OF STANDARD.—
(1) IN GENERAL.—Beginning on the date that is 180 days
after the date of enactment of this Act, and except as provided
in paragraph (2), the California standard shall be considered
to be a flammability standard promulgated by the Consumer
Product Safety Commission under section 4 of the Flammable
Fabrics Act (15 U.S.C. 1193).
(2) TESTING AND CERTIFICATION.—A fabric, related material,
or product to which the California standard applies as a result
of paragraph (1) shall not be subject to section 14(a) of the
Consumer Product Safety Act (15 U.S.C. 2063(a)) with respect
to that standard.
(3) CERTIFICATION LABEL.—Each manufacturer of a product
that is subject to the California standard as a result of paragraph (1) shall include the statement ‘‘Complies with U.S.
CPSC requirements for upholstered furniture flammability’’ on
a permanent label located on the product, which shall be considered to be a certification that the product complies with that
standard.
(d) PREEMPTION.—
(1) IN GENERAL.—Notwithstanding section 16 of the Flammable Fabrics Act (15 U.S.C. 1203) and section 231 of the
Consumer Product Safety Improvement Act of 2008 (15 U.S.C.
2051 note), and except as provided in subparagraphs (B) and
(C) of paragraph (2), no State or any political subdivision of
a State may establish or continue in effect any provision of
a flammability law, regulation, code, standard, or requirement
that is designed to protect against the risk of occurrence of
fire, or to slow or prevent the spread of fire, with respect
to upholstered furniture.
(2) PRESERVATION OF CERTAIN STATE LAW.—Nothing in this
Act or the Flammable Fabrics Act (15 U.S.C. 1191 et seq.)
may be construed to preempt or otherwise affect—
(A) any State or local law, regulation, code, standard,
or requirement that—
(i) concerns health risks associated with upholstered furniture; and
(ii) is not designed to protect against the risk of
occurrence of fire, or to slow or prevent the spread
of fire, with respect to upholstered furniture;

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PUBLIC LAW 116–260—DEC. 27, 2020

134 STAT. 3305

(B) sections 1374 through 1374.3 of title 4, California
Code of Regulations (except for subsections (b) and (c)
of section 1374 of that title), as in effect on the date
of enactment of this Act; or
(C) the California standard.

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Approved December 27, 2020.

LEGISLATIVE HISTORY—H.R. 133:
CONGRESSIONAL RECORD:
Vol. 165 (2019): Jan. 10, considered and passed House.
Vol. 166 (2020): Jan. 15, considered and passed Senate, amended.
Dec. 21, House concurred in Senate amendment with an
amendment. Senate concurred in House amendment.

Æ

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